S.I. No. 189/1988:

EUROPEAN COMMUNITIES (MEDICAL IONIZING RADIATION) REGULATIONS, 1988.

EUROPEAN COMMUNITIES (MEDICAL IONIZING RADIATION) REGULATIONS, 1988.

The Minister for Health, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby makes the following Regulations:

1. These Regulations may be cited as the European Communities (Medical Ionizing Radiation) Regulations, 1988.

2. (1) In these Regulations

"the first Council Directive" means Council Directive 80/836/Euratom.⁽¹⁾ as amended by Council Directive 84/467 Euratom.⁽²⁾

⁽¹⁾ O.J. No. L246, 17.9.80. pp. 1-72.

⁽²⁾ O.J. No. L265, 5.10.84. pp. 4-156.

"the second Council Directive" means Council Directive 84/466/Euratom ⁽³⁾

⁽³⁾ O.J. No. L265, 5.10.84. pp. 1-3.

"Dental Council" means the Dental Council established by the Dentists Act, 1985 (No. 9 of 1985).

"dentist" means a registered dentist as defined in the Dentists Act, 1985 .

"doctor" means a registered medical practitioner as defined in the Medical Practitioners Act, 1978 (No. 4 of 1978).

"Medical Council" means the Medical Council established by the Medical Practitioners Act, 1978 .

"medical exposure" means exposure of a patient to ionizing radiation for a diagnostic, therapeutic or preventive purpose

"the Minister" means the Minister for Health.

"patient" means a person undergoing medical or dental examination or treatment.

"practice of dentistry" has the same meaning as in the Dentists Act, 1985 .

"practice of medicine" has the same meaning as in the Medical Practitioners Act, 1978 .

(2) In these Regulations words and phrases shall have the same meanings as in the first Council Directive and the second Council Directive.

3. A person shall not carry out, direct or supervise the carrying out, or assist in the carrying out of a medical exposure except where that exposure is medically justified.

4. The person responsible for the direction and supervision of the medical exposure shall ensure that the procedures are such that the dose of ionizing radiation to the patient shall be as low as is reasonably achievable in order to achieve the required effect.

5. Save as provided by article 7 a person shall not carry out a medical exposure in the practice of medicine unless--

(a) he is a doctor or other practitioner who, in the opinion of the Medical Council, has completed a course of training giving him competence in radiation protection and techniques; or

(b) (i) he does so under the direction and supervision of a doctor or other practitioner who, in the opinion of the Medical Council, has completed a course of training giving him competence in radiation protection and techniques, and

(ii) he has followed a course of training in radiation protection and techniques approved by the Medical Council.

6. Save as provided by article 7 a person shall not carry out a medical exposure in the practice of dentistry unless--

(a) he is a dentist who, in the opinion of the Dental Council, has completed a course of training giving him competence in radiation protection and techniques; or

(b) (i) he does so under the direction and supervision of a dentist who, in the opinion of the Dental Council, has completed a course of training giving him competence in radiation protection and techniques, and

(ii) he has followed a course of training in radiation protection and techniques approved by the Dental Council.

7. A doctor, dentist or other practitioner who, prior to the coming into operation of these Regulations, has carried out medical exposures, or who has been responsible for the direction and supervision of medical exposures, may carry out medical exposures and have responsibility for the direction and supervision of medical exposures, unless the Medical Council or the Dental Council, as the case may be, determines that he has not, during his training, completed a satisfactory course in radiation protection and techniques and he completes a course of training in radiation protection and techniques recognised by the appropriate Council.

8. A person shall not assist in the carrying out of a medical exposure unless he has received instruction and training appropriate to his work.

9. The competent authority in the State for the purpose of Article 3 of the second Council Directive shall be the Minister.

10. A person who contravenes a provision of these Regulations shall be guilty of an offence and shall be liable on summary conviction, to a fine not exceeding £1,000 and, in the case of a continuing offence, to a further fine not exceeding £200 for each day on which the offence is continued.

11. These Regulations may be enforced and executed by officers of the Minister and by such other persons or class or persons as the Minister may by order authorise in that behalf.

GIVEN under the Official Seal of the Minister for Health

this 2nd day of August, 1988.

RORY O'HANLON,

Minister for Health.

EXPLANATORY NOTE.

These regulations provide that all those engaged in the use of ionizing radiation for medical (including dental) purposes must be competent in radiation protection measures and have appropriate training. The exposure of a patient to ionizing radiation must be medically justified and the dose to the patient must be as low as is reasonably achievable.

The Regulations implement the provisions of EC Directive 84/466 Euratom of 3 September 1984 laying down basic measures for the radiation protection of persons undergoing medical examination or treatment.