Michigan Office of Administrative Hearings and Rules

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Labor and Economic Opportunity

Division/Bureau/Office:

MIOSHA

Name of person completing this form:

Daniela Pelachyk

Phone number of person completing this form:

517-284-7738

E-mail of person completing this form:

pelachykd@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Thomas Shaver

2. Rule Set Information

MOAHR assigned rule set number:

2023-8 LE

Title of proposed rule set:

Ionizing Radiation Rules Governing the Use of Radiation Machines

3. Purpose for the proposed rules and background:

The general purpose of these proposed rules is to amend the Ionizing Radiation Rules Governing the

Use of Radiation standard to establish qualification requirements for individuals engaged in medical x

-radiation technology. The proposed rules are intended to address the improper performance of

medical x-radiation technology and ensure that individuals and patients are not exposed to

unnecessary radiation.

4. Summary of proposed rules:

The general purpose of these proposed rules is to amend the Ionizing Radiation Rules Governing the

Use of Radiation standard to establish qualification requirements for individuals engaged in medical x

- radiation technology. The proposed rules are intended to address the improper performance of

medical x - radiation technology and ensure that individuals and patients are not exposed to

unnecessary radiation.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

The Mining Journal – July 31, 2023.

Lansing State Journal – July 31, 2023.

Oakland Press – July 31, 2023.

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Agency Report to JCAR-Page 2

6. Date of publication of rules and notice of public hearing in Michigan Register:

8/1/2023

7. Date, time, and location of public hearing:

8/16/2023 10:00 AM at Michigan Library & Historical Center, 1st Floor Forum , 702 W. Kalamazoo,

Lansing, MI 48915

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1435

9. List of the name and title of agency representative(s) who attended the public hearing:

Bart Pickleman – MIOSHA Director.

Ron Ray – MIOSHA Technical Services Division Director.

Shannon Matsumoto – MIOSHA Standards and FOIA Section Manager.

Daniela Pelachyk – MIOSHA Standards and FOIA Section Analyst.

Toscha Klopp – MIOSHA Standards and FOIA Secretary.

10. Persons submitting comments of support:

Nina Sutherland – X-Ray Technologist.

Ralph Lieto – Michian Radiological Society.

Rex Miller – The Michigan Society of Radiographic Technologists.

Misty Flowers – X-Ray Technologist.

Liana Watson – The American Registry of Radiologic Technologists.

Jason J Bradley – American Society of Radiologic Technologists.

Melissa Snody, Dimitry Beyder, Nichole Ozinga, Tina Brennan – Society of Nuclear Medicine and

Molecular Imaging/Michigan Technologist Advocacy Group.

Jennifer Richmond - Michigan Society of Radiologic Technologists

11. Persons submitting comments of opposition:

None.

12. Persons submitting other comments:

None.

13. Identify any changes made to the proposed rules based on comments received during the

public comment period:

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Agency Report to JCAR-Page 3

Name &

Organization public hearing

Comments made at Written

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Comments

Made

1

Melissa Snody, Ms Snody

MIOSHA agrees Rule 5209

with this

Society of

Nuclear

recommended

language to be

suggestion. We

will be adding

Rule 5209(2)(f) to

read as follows, "

A nuclear

Medicine and included in this rule

Molecular

Imaging

that would define the

requirements and

standards of

technologists

medicine

administering nuclear

materials for

technologist who,

under the

diagnostic and

therapeutic

procedures,

specifically

supervision of an

authorized user,

utilizes sealed and

unsealed

recommending

radioactive

registration and

certification standards

to be included as set

forth under the

materials for

diagnostic,

treatment, and

research

American Registry of

Radiologic

purposes."

Technologists. The

language Melissa

specifically

recommended is the

following language:

"A nuclear medicine

technologist who,

under the supervision

of an authorized user,

utilizes sealed and

unsealed radioactive

materials for

diagnostic, treatment,

and research

purposes."

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Agency Report to JCAR-Page 4

2

3

4

Rex Miller,

Michigan

Society of

Radiologic

Technologists "research," so the last

clause reads, "…

involving the

Mr. Miller would like

The change "…

involving the

application of x-

radiation to human

beings for

Rule 5204

(7), 5206(1)

to replace the word

"therapeutic" and

insert the word

diagnostic,

therapeutic, and

research purposes"

should be

application of x-

radiation to human

beings for diagnostic

and research

considered.

MIOSHA agrees

to add the word

research to Rule

5206(1).

The change "…

involving the

application of x-

radiation to human

beings for

purposes."

Rex Miller,

Michigan

Society of

Radiologic

Technologists

Mr Miller suggests

replacing the word

"therapeutic" with

"research"

Rule 5204(8),

5206(2)

diagnostic,

therapeutic, and

research purposes"

should be

considered.

MIOSHA agrees

to add the word

research to 5206

(2).

The change "…

involving the

application of x-

radiation to human

beings for

Rex Miller,

Michigan

Society of

Radiologic

Technologists

Mr Miller suggests

replacing the word

"therapeutic" with

"research"

Rule 5207(1),

5206(4)

diagnostic,

therapeutic, and

research purposes"

should be

considered.

MIOSHA agrees

to add the word

research to 5206

(4).

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Agency Report to JCAR-Page 5

5

Rex Miller,

Michigan

Society of

Radiologic

Technologists training to the

radiologic science

Mr Miller

recommends a

minimum of 40 hours

of clinical and didactic

Adding a clinical Rule 5212(1)

requirement to the

40 hours training

should be adopted.

The sentence

"This training

within the limited

scope of practice.

must include both

clinical and

didactic

components." to

rule 5212(1).

MIOSHA will add

the language to

rule 5212 (1).

6

Ralph P Lieto, Mr. Lieto recommends

The term

"machine

Rule 5201,

5203, 5204,

Michigan

Radiological

Society

using the term

"ionizing radiation" to

replace "x-radiation"

produced ionizing 5206, 5209

radiation" should

be adopted to be

consistent with the

other parts of the

"Ionizing

Radiation Rules

Governing the use

of Radiation

Machines" and

industry standards.

MIOSHA agrees

to adopt the term

"machine

produced ionizing

radiation."

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Agency Report to JCAR-Page 6

7

Ralph P Lieto, Mr Lieto states that

MIOSHA

Rule 5210(2)

Michigan

Radiological

Society

this rule needs

recognizes this is

an error and must

be corrected.

MIOSHA will be

making the

clarification in the

description of the three

categories of

conditional status after

the three years

suggested

following effective

date of the final rules.

As written, it appears

that an individual who

has not met active

status can obtain

correction.

conditional status

every 3 years with a

simple "statement of

assurance". This

should be clarified to

assure it is NOT a

means to circumvent

requiring completion

of active status

criteria.

8

Ralph P Lieto, Mr. Lieto states he

Radioactive

Rule 5211

Michigan

Radiological

Society

would like to add the

category of "nuclear

medicine technology"

with the appropriate

credentials from the (i)

American Registry of

Radiologic

materials

including nuclear

medicine are

outside the scope

of these rules.

Technologists and the

(ii) Nuclear Medicine

Technology

Certification Board,

(NMTCB)

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Agency Report to JCAR-Page 7

9

Ralph P Lieto, Mr. Lieto addresses

Adding a clinical Rule 5212

requirement to the

40 hours training

should be adopted.

The sentence

"This training

must include both

clinical and

didactic

components." to

rule 5212(1).

MIOSHA will add

the language to

rule 5212 (1).

Michigan

Radiological

Society

limited scope operator

requirements.

Michigan Radiological

Society is pleased that

minimum training

requirements are being

established for this

category. However, 40

hours, or one week, of

unspecified training is

inadequate to work

independently. As

proposed, the training

also does not require

actual patients be

imaged. The Michigan

Radiological Society

supports the limited

scope training

recommendations of

the American Society

of Radiologic

Technologists which

specifies classroom

hours plus a minimum

number of patient

studies. This will

provide prudent

assurance of adequate

clinical training for

this category.

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Agency Report to JCAR-Page 8

10

Liana Watson,

American

Registry

Radiologic

Technologists

All suggest

changing

references from references from

"medical x-

radiation

MIOSHA states

changing

Rule 5201,

5204, 5206,

5209, 5210,

5211, 5213

“medical x-

radiation

technology" to

"medical

technology” to

“medical

radiologic

technology" and technology” and

references from references from

"medical x-

radiation

“medical x-

radiation

technologist" to technologist” to

"medical

“medical

radiologic

technologist,"

doing so aligns

with that of

professional

societies and

national

technologist.”

should be adopted

to be consistent

with industry

standards.

MIOSHA is

adopting the

suggested

credentialing

organizations.

language.

14.Date report completed:

11/28/2023

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