Department of Health and Human Services Former Division of Public Health Services Docket He-P 4045 Proposed Rule

nh-2026-176: Use of Radiation Machines: Administrative Requirements

Comment Period Closed

Public comment closed · opened September 17, 2026.

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Summary

Repeal, Readopt w/Amendment

The agency’s own summary, as published.

The rule, in full

726 words as published, September 17, 2026. View the original →

STATE OF NEW HAMPSHIRE OFFICE OF LEGISLATIVE SERVICES ADMINISTRATIVE RULES STATE HOUSE ANNEX 25 CAPITOL STREET, ROOM 234 CONCORD, NH 03301 RulemakingNoticeForm Notice Number: 2026-176 Rule Number: He-P 4045

1. Agency: Department of Health and Human Services

Former Division of Public Health Services Agency Address: Department of Health and Human Services Administrative Rules Unit Brown Building, 2nd Floor 129 Pleasant St. Concord, NH 03301

6. (a) Summary of what the rule says and of any proposed amendments including

whether the rule implements a state statute for the first time: • He-P 4045 describes the administrative and operational requirements for the use of radiation machines and magnetic resonance imaging (MRI) machines in the healing arts and veterinary medicine. • Amendments to He-P 4045 remove personal monitoring requirements for dental diagnostic imaging operators. Registrants without employees are now exempt from posting a notice to employees (He-P 4019.03(d)), posting the rules in He-P 4019 through He-P 4022 (He-P 4019.03(b)), and establishing written operating and safety procedures (He-P 4045.03(f)). Additionally, registrants who only operate MRI machines are exempt from the employee notice requirements (He-P 4019.03(d)) and He-P 4019 through He-P 4022 (He-P 4019.03(b)), as these rules do not apply to non-ionizing radiation protection. Clarification was also added regarding the required contents of human holder records. Finally, He-P 4045.10 is repealed because He-P 4043.13 was updated to include requirements for non-medical security screening systems. ADMINISTRATIVE RULES (603) 271-3680 Generated on 09/08/2026 Does this rule implement a state statute for the first time? He-P 4045 does not implement a state statute for the first time. 6. (b) Brief description of the groups affected: He-P 4045 affects any person who is an applicant for, or a holder of, a registration for the healing arts and veterinary x-ray machines. 6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement: Rule State Statute or Federal Regulation Implemented He-P 4045.01 RSA 125-F:1, F:2, F:5, II & V He-P 4045.02 RSA 125-F:1, F:2, F:5 II & V He-P 4045.03 RSA 125-F:1, F:2, F:5, II & V He-P 4045.04 RSA 125-F:1, F:2, F:5, II & V He-P 4045.05 RSA 125-F:1, F:2, F:5, II & V; RSA 125-F:13; RSA 541-A:21, IV; 21 CFR 1002.10, 1002.11, 1002.12, 1002.13, 1002.30, 1020.31, 1020.32, & 1020.40 He-P 4045.06 RSA 125-F:1, F:2, F:5, II & V He-P 4045.07 RSA 125-F:1, F:2, F:5, II & V He-P 4045.08 RSA 125-F:1, F: 2, F:5, II & V He-P 4045.09 RSA 125-F:1, F:2, F:5, II & V

7. Contact person for copies and questions including requests to accommodate

persons with disabilities: Name: Nicole Valanzola Title: Rules Coordinator Address: Department of Health and Human Services Administrative Rules Unit Phone Number: (603) 271-9640 Brown Building, 2nd Floor 129 Pleasant St. Concord, NH 03301 FAX Number: (603) 271-5590 Email: Nicole.Valanzola@dhhs.nh.gov

8. Deadline for submission of materials in writing or, if practicable for the agency, in

the electronic format specified: Thursday, October 22, 2026 X Fax X Email _ Other ADMINISTRATIVE RULES (603) 271-3680 Generated on 09/08/2026

9. Public hearing scheduled for:

Date: Thursday, October 15, 2026 Time: 1:30 PM Place: Department of Health and Human Services Brown Building, Auditorium 129 Pleasant St. Concord, NH 03301 Electronic Access, if applicable: N/A

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant):

FIS #: 26:176, dated: Thursday, September 3, 2026

1. Comparison of the costs of the proposed rule(s) to the existing rule(s):

There is no difference in cost when comparing the proposed rules to the existing rules. Not applicable to He-P 4045.10, which is being repealed.

2. Cite the Federal mandate. Identify the impact on state funds:

No federal mandate, no impact on state funds.

C. To independently owned businesses:

None. 11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: The proposed rule does not modify an existing program or responsibility, and does not mandate any fees, duties, or expenditures on the political subdivisions of the state, and therefore does not violate Part I, Article 28-a of the N.H. Constitution. ADMINISTRATIVE RULES (603) 271-3680 Generated on 09/08/2026

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