Michigan § 333.13523 - Radiation machine; registration; inspection; fine; notice; rules.

(1) A person shall not use a radiation machine to perform mammography unless the radiation machine is registered with the department under department rules for registration of radiation machines and the radiation machine, the personnel operating the radiation machine, and the facility in which the radiation machine is used meet requirements established by the department by rule for radiation machines.

(2) To ensure compliance with the requirements described in this section, the department shall inspect a radiation machine at intervals that the department considers necessary or appropriate, including initiating a follow-up inspection of a radiation machine due to noncompliance.

(3) In addition to the penalties provided in section 13535 and the fee required under section 13522(5) for a follow-up inspection due to noncompliance, if a person violates subsection (1), the department may impose an administrative fine against the owner of the radiation machine or, if a lessee of the radiation machine has effective control of the radiation machine, the lessee, of not more than $500.00 for each calendar week in which a mammography is performed in violation of subsection (1). If a person continues to violate subsection (1) for a period of 2 weeks after a fine is imposed under this subsection, the department shall post a conspicuous notice on the radiation machine and at the entry to the facility where the radiation machine is located warning the public that the facility is performing mammography using a radiation machine that is a substantial hazard to the public health.

(4) The department shall promulgate rules necessary to implement this section. In promulgating rules to implement this section, the department shall comply with both of the following:

(a) The department shall incorporate by reference what the department determines to be the applicable standards for mammography, including, but not limited to, standards under the mammography quality standards act of 1992, Public Law 102-539, and any regulations promulgated under that act, that exist on the effective date of the amendatory act that added this sentence. If a standard described in this subdivision is revised after the effective date of the amendatory act that added this sentence, the department shall take notice of the revision and the department shall promulgate rules to incorporate the revision by reference.

(b) The rules must specify the minimum training and performance standards for an individual using a radiation machine for mammography.