Article 1 These regulations are stipulated pursuant to Article 31, Paragraph 3 of the Ionizing Radiation Protection Act (hereinafter referred to as “thisAct”) Article 2 The radiation related certificates stipulated in the proviso of Article 31, Paragraph 1 of this Act refers to one of the following: 1. Radiology or nuclear medicine specialist license. 2. License issued in accordance with the Medical Radiologist Act. 3. Authorization certificate of radiation protection personnel issued in accordance with the stipulations of Article 7, Paragraph 3 of this Act. 4. Certificate of operatorsissued in accordance withthe stipulations ofArticle 29, Paragraph 5and Article 30,Paragraph2 of this Act. Article 3 Persons engaged in operation training under thedirection of qualified personnel, based on educational need, as stipulated in the proviso of Article 31, Paragraph 1 of this Act, are the following: 1. Teachers, researchers and students of middle schools, colleges and universities and academic research institutions. 2. Students at radiation protection training institutions authorized by the Competent Authority. 3. Doctors or dentists receiving clinical training or students or graduates of a medical school with a hospital practicum. 4. New recruits who are receiving pre-employmenttraining. The period of operation training provided under the direction of qualified personnel to the persons as set forth in the subparagraph 4 of the preceding paragraph shall be limited to a maximum of six months. The persons referred to in Paragraph 1 shall, before operating radioactive material or equipment capable of producing ionizing radiation, attend lectures on operating procedures andradiation protection planned byqualified personnel. However, when operating portable or non-fixed-shielding radioactive material or equipment capable of producing ionizing radiation for which the CompetentAuthorityhas issued a certificate of permission it shall still be necessarytobe directlysupervised by qualified personnel. The lectures on operating procedures and radiation protection referred to in the preceding paragraph shall not be less than threehours. Except for operation training done at middle schools, colleges, and universities in courses approved bythe educational competent authority, academic research institutions, hospitals and medicalfacilities shall keep on file for reference for a period of threeyears on information including title of lecture course, instructors, location, and names of trainees. Article 4 Personnel operating radioactivematerial or equipment capable of producing ionizing radiation shall, except for the conditions stipulated in the provisoof Article 31, Paragraph 1 of this Act,meet one ofthe following important conditions and obtain certification; following testing and qualification bythe Competent Authority, said personnel shall fill out an application formand send to the CompetentAuthorityrequesting theissuance of a radiation safetycertificate: 1. Undergo training froma radiation protection training company that is authorized bythe Competent Authorityin linewith proceduresstipulated in Table 2 of the Regulations forAdministration of Radiation Protection Service Related Business. 2. Obtain more than four credits in the radiation protection related courses as defined in the attachment of the Administrative Regulations for Radiation Protection Personnel, which are taken at a Taiwan public or legally registered private college or university or a foreign college or university that meets Ministry of Education recognition requirements. 3. Attend an ionizing radiation protection lecture course authorized or commissioned by the Competent Authority prior to the coming into force of this Act. The training referred to in Subparagraph 1 of the preceding Paragraph may not be substituted by the training stipulated in Article 6, Paragraph 1,Subparagraph1. When, in fulfilling the requirements of an agreement for contracting, buying and selling, technical cooperation, a foreigner doeswork in theROCwithin the scope ofsaid agreement and must operate radioactive material or equipmentcapable of producing ionizing radiation, the facilityoperator who has made the agreement shall submit a photocopyof foreign certification of operatingor radiation protection training for said foreigner, applyto the Competent Authorityfor review and obtain qualification before said foreigner mayengage in said work. Article 5 The specific radioactivity or specific energylevelsstipulated in Article 31, Paragraph 2 of this Act are as follows: 1. Sealed radioactive materials defined in Category IV and Category V. 2. Radioactive material that forms a component of an instrument or manufactured product and that has a radioactivity less than 1,000 times that of the exemption level and the surface dose rate at an accessible distance of 5 cm is 5 μSv/h. 3. Radioactive materials besides those mentioned in the preceding two subparagraphs with a radioactive level of 100 times that of the exemption level. 4. For equipment capable of producing ionizing radiation, the nominal voltage is 150 kV or the particle energy is 150 keV. 5. Cabinet or baggage inspection X-ray machine, ion implanter, electron beam welding machine or static eliminator, the surface dose rate at an accessible distance of 5 cm is 5 μSv/h. 6. Other material or equipment as designated bythe CompetentAuthority. Article 6 The training stipulated in Article 31, Paragraph 2 of this Act refers to one of the following, and with training certification: 1. Training in accordance with the stipulations of Table 2 of the Regulations for Administration of Radiation Protection Service Related Business conducted by a radiation protection training company authorized by the Competent Authority or conducted by the facility operator. 2. Obtain more than two credits in radiation protection related courses as defined in the attachment of the Administrative Regulations for Radiation Protection Personnel , which are taken at a Taiwan public or legallyregistered private college or universityor aforeign college or universitythat meets Ministry of Education recognition requirements. Prior to conducting the radiation protection training referred toin Subparagraph 1 of the preceding paragraph, facilityoperatorshall submit the names of trainees, time and place of training, training course and number of hours, and instructor qualifications to the CompetentAuthorityfor reference. Related information shall be recordedand kept on file for at least ten years. Article 7 The radiation safetycertificate is valid for a period of sixyears. Within six months prior to its expiration, the applicant mayfillout an application formand attachthe following proof of training or credits of totaling more than 36 hoursduringthe radiation safetycertificate's period of validityand apply to the CompetentAuthorityfor a certificate renewal: 1. radiation protection training conducted bya radiation protection training company authorized by the Competent Authority; 2. academic activity or continuing education credits as stipulated in Article 7, Paragraph 1 of Administrative Regulations for Radiation Protection Personnel; and 3. regular educational training as stipulated in Article 14, Paragraph 4 of thisAct. If the radiation safety certificate has expired, the applicant may fill out an application formand attach the documentaryproof of above-mentioned training or credits of totaling more than 36 hours in recent 6 years and applyto the Competent Authorityrenewedlyfor a certificate renewal. Article 8 For a request to replace a valid lost or damaged radiation safety certificate, an application formshall be filled out, with the relevant documentary proof attached and application made to theCompetentAuthorityfor a certificatereplacement. For a request to modifyinformation on a valid radiation safetycertificate and issue a renewal, application form shall be filledout, with the relevant documentaryproof attached and application made to theCompetentAuthorityfor a certificaterenewal. For replacements and renewals referred to in the preceding two paragraphs, the period of validitywill be the sameas for the original certificate. Article 9 If anyone ofthe following situations obtains for theholder of a radiation safety certificate the CompetentAuthoritymayrevoke orterminate said certificate: 1. Documents attached to the application for a radiation safety certificate contain false information. 2. The radiation safety certificate has been leased or lent for use to another person. 3. A crime has been committed in thecourse of business relating to Article 38 or 39 of thisAct. 4. Any other situation determined by the Competent Authority to be a major violation. If a radiation safety certificate has been revoked or terminated bythe Competent Authority, arenewed applicationmaynot be madewithin oneyear after the effective date of revocationor termination. Article 10 Those who,before the implementationof this Act,have obtained an operating license fromthe Competent Authority,or before the implementation of this Act haveobtained a formal notification of passing an examination for a non-medicaloperating license or have obtained a completion certificate for a lecture coursein medical ionizing radiation protection, shall within twoyears of this Act coming into forcefill out an application form and attach the original operating license, formal notification of passingan examination for a non-medical operating license or the original of a completion certificate for a lecture course in medical ionizing radiation protection and applyto theCompetent Authorityfor areplacementof the radiation safetycertificate. The replaced radiation safety certificate stipulated in the preceding paragraph is valid fromthe datethis Act comes into force. Those who have not applied for a replacement within the periodstipulated in Paragraph 1 shall fill out an application formand attach the documentaryproof ofParagraph 1 and the training and credits received as listedin Article 7, Paragraph 1and applytothe CompetentAuthorityrenewedlyfora radiation safetycertificate: 1. Thosewho are not exceeding 4years fromthe date of this Act comes intoforce shall attach the documentaryproof of totaling more than 12 hours fromthe date ofthis Act comes into force; 2. Thosewho exceed 4years but lessthan 6yearsfromthe dateof this Act comes into force shall attach the documentaryproof of totaling more than 24 hoursfromthe date of this Act comes into force; and 3. Those who exceed 6 years fromthe date of this Act comes into forceshall attach the documentaryproof of training totaling more than 36 hours in recent 6 years. Article 11 The format of all documents and forms stipulated in the regulations shall bedetermined bytheCompetent Authority. Article 12 These regulations shall take effect on the day of promulgation. |