§ 2803. Exemptions
The prohibitions in section 2802 of this chapter shall not apply to dentists licensed
under chapter 12 of this title and actions within their scope of practice nor to:
(1) Licensed practitioners acting within the scope of practice for their licensed field,
including holders of limited temporary licenses to practice medicine as authorized
by the Board of Medical Practice, provided that their practice acts and rules adopted
thereunder have been expressly found by the Director, in consultation with advisors
appointed under this chapter, to match or surpass the training in radiation safety
and proper radiation practices required by this chapter and rules adopted under this
chapter.
(2) Students of medicine, dentistry, podiatry, naturopathic medicine, or chiropractic
when participating in a program approved or recognized by the Board of Medical Practice,
Board of Dental Examiners, or Board of Chiropractic, as appropriate, and when under
the general supervision of an instructor who is a licensed practitioner and when acting
within the scope of practice for that licensed practitioner’s field.
(3) Students in an approved school of radiologic technology under the general supervision
of a licensed practitioner or licensed radiologic technologist.
(4) Any person acting as an employee of the United States.
(5) Any of the following when operating dental radiographic equipment to conduct intraoral
radiographic examinations under the general supervision of a licensed practitioner;
and any of the following when operating dental radiographic equipment to conduct specialized
radiographic examinations, including tomographic, cephalometric, or temporomandibular
joint examinations, if the person has completed a course in radiography approved by
the Board of Dental Examiners and practices under the general supervision of a licensed
practitioner:
(A) a licensed dental therapist;
(B) a licensed dental hygienist;
(C) a registered dental assistant who has completed a course in radiography approved by
the Board of Dental Examiners; or
(D) a student of dental therapy, dental hygiene, or dental assisting as part of the training
program when under the direct supervision of a licensed dentist, licensed dental therapist,
licensed dental hygienist, or registered dental assistant.
(6) Licensees certified in one of the three primary modalities set forth in section 2821a
of this chapter preparing for postprimary certification in accordance with ARRT or
NMTCB under the general supervision of a licensee already certified in the specific
postprimary modality at issue.
(7) Researchers operating bone densitometry equipment for body composition upon successful
completion of courses on body composition and radiation safety approved by the Director.
The Director shall not require this coursework to exceed eight hours. The Director
may consider other exemptions from licensure for bona fide research projects subject
to course and examination requirements as deemed necessary for public protection. (Added 1983, No. 230 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 42; 1999, No. 52, § 17; 2011, No. 116 (Adj. Sess.), § 40; 2015, No. 38, § 27, eff. May 28, 2015; 2017, No. 144 (Adj. Sess.), § 23; 2019, No. 30, § 18; 2023, No. 158 (Adj. Sess.), § 12, eff. June 6, 2024.)