(1)Subject to subsection (2) of this section, the Oregon Health Authority shall provide for the issuance, allowance, modification, amendment, revision, suspension and revocation of general and specific licenses that relate to by-product materials, source materials or special nuclear materials and to devices or equipment that utilize any of those materials. The authority may not require a specific license for the use of an X-ray machine within the limits of the license by a licensed dentist, chiropodist or veterinarian or by a person licensed to practice medicine, chiropractic, naturopathic medicine or any other system or method of healing. Otherwise the authority may require registration or a general or specific license or both registration and a general or specific license with respect to any radiation source.
(2)(a) Each application for a specific license shall be in writing and shall state such information as the authority by rule determines both to be necessary to decide the applicant’s technical, insurance, financial or other qualifications and to be reasonable and necessary to protect occupational and public health and safety. At any time after the filing of the application for and before the expiration of a specific license the authority may require further written statements, and may cause inspections to be made as the authority considers necessary, to determine whether the license should be granted, denied, modified, amended, revised, suspended or revoked. An application for a specific license or any statement relating to that application or to any license must be signed by the applicant or licensee.
(b)Each license shall be in such form and contain terms and conditions the authority considers necessary to protect the occupational and public health and safety.
(c)A general or specific license or right to possess or use a radiation source under a general or specific license may not be assigned in any manner without the approval of the authority.
(d)The terms and conditions of any general or specific license may be modified, amended or revised by rule or order.
(e)Subject to any requirement for registration, the authority may by rule recognize a license from any other state or from the federal government as compliance with a license requirement of this section or of ORS 453.635 (State Radiation Control Agency).
(f)When the authority finds that a radiation source, a use of a radiation source, a user of a radiation source or a class of such sources, uses or users will not constitute a significant risk to the health and safety of the public, the authority may exempt the source, use, user or class, as the case may be, from any requirement for registration or a license. [1961 c.664 §5; 2005 c.21 §1; 2009 c.595 §902; 2017 c.409 §16]
§§ 453.605 to 453.755
Atty. Gen. Opinions
Power of the Board of Health to require licensing for persons operating a machine or device containing a source of radiation, (1972) Vol 36, p 280