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Home My WebLink About82-04 Regulating Mobile X-Ray Units, Making Provisions for Availability of X-Ray FilmsORDINANCE NO. 82-4 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGULATING MOBILE X-RAY UNITS AND MAKING PROVISIONS FOR THE AVAILABILITY OF X-RAY FILMS. I THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. There is hereby added to Title 9, Chapter IV of the Municipal Code of the City of Costa Mesa, Article 19, Sections 9-285 through 9-293, which shall read as follows: I Title 9 Licenses and Business Regulations Chapter IV. Regulation of Certain Business. Article 19. Mobile X -Ray Units. i 9-285. Mobile X -Ray Units - Permit and License Required. It shall be unlawful for any person, firm, or corporation to engage in, conduct, manage, or carry on the business, practice or occupation of mobile x-ray operator within the City of Costa Mesa without first having obtained a license from the City ;Council and a permit as hereinafter provided. S 9-285.1. Issuing Officer All licenses issued pursuant to this Article shall be issued by the issuing office who shall be the Revenue Division, Department of Finance'. § 9-285.2 All permits issued pursuant to this Article shall be issued by the issuing office who shall be the County Health Officer acting as the Health Officer of the City of Costa Mesa. S 9-286. Fees Each applicationjfor a license to operate within the City of Costa Mesa shall be accompanied by a fee of $25.00 to defray costs of investigation. No part of said fee collected shall be refunded for any rea- 1 son. No fee shall be charged by the County Health Officer acting as the City Health Officer for an application'or permit to operate a mobile x-ray unit. 9-287. Definitions.: MOBILE X-RAY TNIT means any x-ray generator which is, or can be, used for the purpose of making medical diagnostic photofluorographic films of persons, and which is installed in or upon a motor vehicle or trailer so that it may be transported from place to place. MOBILE X-RAY OPERATOR means any person, or other entity, who owns or legally possesses, or oPerates, a mobile x-ray unit. I § 9-288. Regulations:. Scope. All mobile x-ray units shall comply with the requirements of the Radiation Control law, Division 20, Chapter 7.6, California Health and Safety Code, together with regulations enacted pursuant thereto. § 9-289. Regulations: Investigation. Any person or entity desiring to operate a mobile x-ray unit shall make application to the County Health Officer, who is also the City Health Officer and who shall cause to be conducted an investigation of said applicant for a permit to determine, among other things, the following items of information: (a) Whether or not said unit has a valid state registration as provided by Division 20, Chapter 7.6, California Health and Safety Code; (b) Whether or:not said applicant has complied with appli- cable laws, ordinances, and regulations, including those relating to the - 2 - reporting to the Health Office of abnormal x-ray findings pursuant to regu- lations of the State Department of Public Health; (c) Whether thelproper public notices, as required by state law, regulations enacted pursuant thereto, and local ordinances, have been posted in or upon the mobileiunit; (d) The location and mailing address of all film files to be maintained by said mobile unitias hereinafter provided; (e) Whether the applicant and his specified personnel are qualified by reason of training and experience to operate a mobile x-ray unit in such a manner as to provide reasonable assurance of protection to health, life andPe Y' ro rt , P i (f) Whether the! applicant's equipment, facilities, proposed uses and procedures are such as to provide reasonable assurance of protection to health, life and property; and (g) Such other information as shall be required by the Counth Health Officer. S 9-290. Regulations: License. No permit shall be granted, renewed, or reinstated unless the County Health Officer determines, upon completing his investigation, that the mobile x-ray unit is, or can be, operated in compliance with applicable I laws, ordinances, and administrative regulations, and in a manner not detri- mental to the health of the patrons, employees, and the general public, and that all operators of mobile x-ray equipment have been certified to operate same by the County Health Officer. S 9-291. Regulations: Duration. Permits may be granted at any time during the year, but' all permits shall expire at the end of the calendar year. =M § 9-292. Regulations: Conditions. I All mobile x-ray units shall be operated so as to comply with the following conditions: (a) No person under the age of fifteen (15) years is to be I x-rayed unless such person has had a positive tuberculin skin test and presents i a written statement, signed by a;licensed practitioner of the healing arts, showing the method and the date of such positive skin test. A sign shall be posted in a prominent location on the mobile x-ray unit stating that no person under the age of fifteen (15) years is to be x-rayed unless such person has had a positive tuberculin skin test. (b) No woman who may be pregnant shall be x-rayed in a mobile x-ray unit unless so ordered in writing by a licensed practitioner of the heal- ing arts. A sign shall be posted in a praninent location on the mobile x-ray unit stating that no woman who may be pregnant shall be x-rayed. I (c) the mobile x-ray operator shall require all persons, before being x-rayed, to complete an information form showing the following; Name; age; sex; address; telephone number; the person's physician's name and address, if a female, whether she may be pregnant; if under fifteen (15) years of age, whether the person has had a positive tuberculin skin test, and the date -of such test. (d) All x-ray films shall be retained by the operator for at least ten (10) years. Each patient shall receive from the mobile x-ray operator a report of his x-ray findings within thirty (30) days. Every thirty (30) days, the operator shall submit to the Health Officer a report of the total number of x-ray films taken during the preceding calendar month. (e) The mobile x-ray operator shall make x-ray films avail- able for use by the physician of the person x-rayed, provided said person - 4 - gives his consent in writing. The operator may make a reasonable charge for such service. (f) A sign, preferably in Spanish and Vietnamese as well as i English, shall be posted in a prominent location on the mobile x-ray unit stating essentially the following: "A chest x -'ray film is a useful aid to the physician in diagnosing chest disease. It is not a complete examination. See your doctor for an examination at least once a year." The County Health Officer shall have the right to determine the location, size, and wording of all required signs. (g) At least fourteen (14) calendar days prior to the opera- tion of a mobile x-ray unit in any location, the operator shall notify the County Health Officer of the address, city or area, together with the dates and hours of such operation. (h) The name and address of the mobile x-ray operator shall be plainly printed on each side of the exterior of the vehicle or trailer in letters at least three (3) inches high. The name and address of the mobile x-ray operator shall appear on all forms, letters, pamphlets, or other printed matter used in conjunction with the unit. Neither sign nor printed matter shall contain any statements, expressed or implied, that the mobile x-ray unit is associated with any health department or other public or private health agency. (i) The mobile;x-ray operator shall comply with all applic- able city ordinances and resolutions while operating within a city. § 9-293. Regulations: Operation. No mobile x-ray unit shall be operated unless the operator thereof has been licensed by the City and has a valid current permit as MW hereinabove provided. No mobile x-ray unit shall be operated by any person other than the applicant or the persons specified in his application. SECTION 2. Section 9-270 of this chapter is hereby renumbered as Section 9-294. SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expira- tion of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City -Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, ;the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 16th day of February, 1982. ATTEST: City Clerk of the City of Cost Mesa oro the Ci Costa Mesa BY: / W,� e.,4. City -Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF CCSTA MESA ) I, EILEEN P. PHINNEY, City;Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa,,' hereby certify that the above and fore- going Ordinance No. 82-4 was introduced and considered section by section at a regular meeting of said City Council held on the lst day of February, 1982, and thereafter passed and adopted as a whole at a regular meeting of the said City Council held on the 16th day of February, 1982, by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: iSchafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have:hereunto set my hand and affixed the Seal of the City of Costa Mesa this 17th day of February, 1982. ILL Ci y Cler and ex -of i.cio Clerko the City Council of the City of Cos Mesa - 7 -