§ 136C.3 — Duties of department

Iowa § 136C.3

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 136C: RADIATION MACHINES AND RADIOACTIVE MATERIALS

Text

The department is designated the state radiation control agency and is responsible for
regulating the installation and use of radiation machines and the use of radioactive materials
in this state as provided in this chapter. The department shall:
1. Establish minimum criteria and safety standards for the installation, operation, and use
of radiation machines and radioactive materials.
§136C.3, RADIATION MACHINES AND RADIOACTIVE MATERIALS 2
2. Establish minimum training standards including continuing education requirements,
and administer examinations and disciplinary procedures for operators of radiation
machines and users of radioactive materials. A state of Iowa license to practice medicine,
osteopathic medicine, chiropractic, podiatry, dentistry, dental hygiene, or veterinary
medicine, or licensure as a physician assistant pursuant to chapter 148C, or certification by
the dental board in dental radiography, or by the board of podiatry in podiatric radiography,
or enrollment in a program or course of study approved by the department which includes
the application of radiation to humans satisfiesthe minimum training standardsfor operation
of radiation machines only.
3. Develop programs for evaluation and control of hazards associated with the use of
sources of radiation with due regard for compatibility of a proposed program with federal
programs regulating byproduct, source, and special nuclear materials and considering
consistency of a proposed program with federal programs for regulation of radiation
machines.
4. Adopt, publish, and amend rules in accordance with chapter 17A as necessary for the
implementation and enforcement of this chapter. The rules may provide for the licensing
and control of radioactive materials with due regard for compatibility with federal regulatory
programs.
5. Issue orders as necessary in connection with licensing and registration of radiation
machines and radioactive materials and the operators or users thereof.
6. Advise, consult, andcooperatewithotheragenciesofthestate, thefederalgovernment,
otherstatesandinterstateagencies,politicalsubdivisions,andotherorganizationsconcerned
with control of sources of radiation.
7. Encourage, participate in, or conduct studies, investigations, training, research, and
demonstrations relating to control of sources of radiation.
8. Collect and disseminate information relating to control of sources of radiation. The
department shall maintain the following information on file:
a. License applications, issuances, denials, amendments, transfers, renewals,
modifications, suspensions, and revocations.
b. A list of persons possessing sources of radiation requiring registration under this
chapter and any administrative or judicial action involving each person.
c. Departmental rules relating to regulation of sources of radiation, existing or pending,
and related actions.
9. Adopt rules requiring the keeping of such records with respect to activities under
licenses and registration certificates issued pursuant to this chapter as the department
determines necessary to effect the purposes of this chapter.
10. a. Adopt rules specifying the minimum training and performance standards for
an individual using a radiation machine for mammography, and other rules necessary to
implement section 136C.15. The rules shall complement federal requirements applicable to
similar radiation machinery and shall not be less stringent than those federal requirements.
b. (1) Adopt rules, in collaboration with appropriate stakeholders, to require that, by
January 1, 2018, a facility at which mammography services are performed shall include
information on breast density in mammogram reports sent to all mammography patients,
pursuant to regulations implementing the federal Mammography Quality Standards Act of
1992, Pub. L. No. 102-539, as amended. The mammogram report shall include information
on a patient’s breast density, as categorized by an interpreting physician at the facility
based on standards as defined in nationally recognized guidelines or systems for breast
imaging reporting of mammography screening, including the breast imaging reporting
and data system of the American college of radiology. For patients categorized as having
heterogeneously dense breasts or extremely dense breasts, or an equivalent determination
by another nationally recognized density gradient system, the report to the patient shall
include evidence-based information on dense breast tissue, the increased risk associated
with dense breast tissue, and the effects of dense breast tissue on screening mammography.
(2) Nothing in this paragraph “b” shall be construed to modify the existing liability of
a facility where mammography services are performed beyond the duty to provide the
information set forth in this paragraph “b”. Notwithstanding any other provision of law to
3 RADIATION MACHINES AND RADIOACTIVE MATERIALS, §136C.5
the contrary, this paragraph “b” shall not create a cause of action or create a standard of
care, obligation, or duty that provides grounds for a cause of action.
(3) Nothing in this paragraph “b” shall be deemed to require a notice or the provision
of information that is inconsistent with the provisions of the federal Mammography Quality
Standards Act of 1992, Pub. L. No. 102-539, as amended, or any regulations promulgated
pursuant to that Act.

Legislative History

[C79, 81, §136C.3]