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18/6/2009
The New York City Office of Radiological Health will be following the same process as the New York State Department of Health to register the NOMAD hand-held X-ray device units in New York City and is preparing a variance form similar to the one used by the state.
In the interim, dentists registering a NOMAD in New York City should submit, along with the registration, a request for variances from Sections 16.53(a)(7) and 16.53(b)(3) of Part 16 of the New York State Sanitary Code in order to operate the NOMAD hand-held X-ray unit. Variance requests and should be sent to:
Gene Miskin, Director
Office of Radiological Health
New York City Department of Health
Two Lafayette St., 11th floor
New York, NY 10007
For additional questions, contact the Office of Radiological Health at 212-676-1552
May 22, 2009
Steven L. Essig, DDS
Chair, NYSDA Council on Dental Practice
Portable, hand-held X-ray devices are revolutionizing dentistry’s ability to improve access by enabling dentists to provide care to a greater variety of patients in settings outside the traditional dental office or hospital clinic. Once restricted by large, stationary X-ray machines, dentists now can practice in settings previously inaccessible. The hand-held X-ray device aids treatment in mobile clinics in remote areas and settings without dental operatories, e.g., nursing homes. These units facilitate treatment for young children and patients with physical disabilities. They are used in dental schools and for veterinary and forensic examinations as well.
Based on the recommendation by the NYSDA Council on Dental Practice, the NYSDA Board of Governors adopted resolution 11-N-08 at its November meeting:
Resolved: That NYSDA seek changes to the New York State Department of Health regulations to allow certification of portable, handheld X-ray machines that demonstrate acceptable safety standards.
The council made its recommendation after hearing a presentation from a company manufacturing a hand-held X-ray system. While the specific device presented demonstrates adequate safety protection for both patients and operators, not all hand-held units marketed meets the same standards.
The New York State Health Department’s current regulations preclude the certification of this type of device. The use of such devices does not comply with two sections of the regulations found in Part 16 of the State Sanitary Code:
Nonetheless, the Bureau of Environmental Radiation Protection has been granting variances certifying some units for individual applicants. These include private dental offices, dental schools and the New York State Forensic Investigation Center. After requests from NYSDA to update its regulations, the Bureau of Environmental Radiation Protection revised its application form to facilitate certification of hand-held units for dentists with appropriate training in using the device. The Bureau has updated its variance application, eliminating requirements that the machines be utilized only in specific “special” settings. The new form requires only a signature confirming that the dentist will adhere to certain requirements:
Dentists now wishing to utilize a hand-held unit will submit the signed variance form to the state when they register a machine. According to Gene Miskin, director of the New York City Department of Health’s Bureau of Radiological Health, the bureau will be developing its own variance form for applicants wishing to register hand-held X-ray devices.
NYSDA has been encouraging the State Bureau of Environmental Radiation Protection, as well as the New York City Department of Health, to develop new regulations that are more compatible with emerging X-ray technologies and facilitate the ability of New York’s dentists to utilize hand-held devices that meet acceptable safety requirements in their practices. Applications for a “variance for hand-held radiation-producing equipment” are available from the Bureau at 518-402-7590. In New York City, dentists can contact the Bureau of Radiological Health at 212-676-1552.