16 Del. Admin. Code § 4465-K-2.0
"Applicant" means a Person seeking a certificate, license or registration issued under the provisions of the Act and the requirements of the regulations.
"Certificate" is an official document issued by the Agency which authorizes a person to perform a specified radiation activity.
"Exemption" means an exclusion from a regulatory requirement granted by the Agency or Authority. When the exclusion is based on a national standard or similar documented and publicly available information, the Agency may grant it. Otherwise, the exemption shall be referred to the Authority for consideration.
"Hearing" means a proceeding to examine an application or other matter before the Authority in order to adjudicate rights, duties, or privileges.
"Imminent Radiation Hazard(s)" means an imminent hazard exists when the radiation levels that exist are in excess of three times the regulatory limit.
"License" means a license issued by the Agency in accordance with the regulations.
"Licensee" means any person who is licensed by the Agency in accordance with the regulations and the Act.
"Licensed Practitioner" means an individual licensed to practice medicine, dentistry, podiatry, chiropractic, osteopathy, or veterinary medicine in this state. For the purpose of this regulation, Advanced Practice Registered Nurses (APRN) and Physicians Assistants (PAs) may order diagnostic or supportive x-ray procedures for patients in accordance with Title 24, Delaware Code. APRNs and PAs who supervise, perform, view, or interpret x-ray procedures do so within their scope of practice, as governed by Title 24, Delaware Code.
"Licensee's Representative" means a person who has been authorized by the licensee to represent them during activities or proceedings governed by the regulations.
"Modification" means a change in the specification of a machine or radiation facility.
"Notice of violation" means a written statement of one or more alleged infringements of a legally binding requirement. The notice normally requires the licensee, registrant, other permit holder to provide a written statement describing the following:
corrective steps taken by the licensee, registrant, or other permit holder, and the results achieved;
corrective steps to be taken to prevent recurrence; and
the projected date for achieving full compliance. The Authority may require responses to notices of violation to be under oath.
"Qualified expert" means an individual who has demonstrated to the satisfaction of the Agency that such individual possesses the knowledge and training to measure ionizing radiation, to evaluate safety techniques, and to advise regarding radiation protection needs, for example, individuals certified in the appropriate field by the American Board of Radiology, or the American Board of Health Physics, or the American Board of Medical Physics, or those having equivalent qualifications. With reference to the calibration of radiation therapy equipment, an individual, in addition to the above qualifications, must be qualified in accordance with (Part X).
"Qualified medical physicist (QMP)" means an individual who meets each of the following credentials:
Registration means to enroll or register with the Agency in accordance with the regulations.
Regulations mean all parts of the Delaware Radiation Control Regulations (DRCR) and all parts of the Delaware Radiation Technologist Certification Regulations (RTCR).
Severity level means a classification of violations based on relative seriousness of each violation and the significance of the effect of the violation on the occupational or public health or safety.
Violation means an infringement of any rule, certificate, license or registration condition, order of the agency, or any provision of the Act.
16 Del. Admin. Code § 4465-K-2.0
23 DE Reg. 306 (10/1/2019)
28 DE Reg. 312 (10/1/2024) (Final)