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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 289RADIATION CONTROL
SUBCHAPTER FLICENSE REGULATIONS
RULE §289.256Medical and Veterinary Use of Radioactive Material

  (1) is certified by a medical specialty board whose certification process has been recognized by the department, the NRC or an agreement state. The names of board certifications that have been recognized by the department, the NRC, or an agreement state are posted on the NRC's Medical Uses Licensee Toolkit web page. To have its certification recognized, a specialty board shall require all candidates for certification to:

    (A) successfully complete a minimum of three years of residency training in a radiation oncology program approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, or the Committee on Post-Graduate Training of the American Osteopathic Association; and

    (B) pass an examination, administered by diplomates of the specialty board, that assesses knowledge and competence in radiation safety, radionuclide handling, treatment planning, quality assurance, and clinical use of manual brachytherapy; or

  (2) has completed:

    (A) a structured educational program in basic radionuclide handling techniques applicable to the use of manual brachytherapy sources including the following:

      (i) 200 hours of classroom and laboratory training in the following areas:

        (I) radiation physics and instrumentation;

        (II) radiation protection;

        (III) mathematics pertaining to the use and measurement of radioactivity; and

        (IV) radiation biology; and

      (ii) 500 hours of work experience, under the supervision of an authorized user who meets the requirements of subsection (l) of this section, this subsection, or equivalent NRC or agreement state requirements at a medical facility authorized to use radioactive material under subsection (rr) of this section, involving the following:

        (I) ordering, receiving, and unpacking radioactive materials safely and performing the related radiation surveys;

        (II) checking survey meters for proper operation;

        (III) preparing, implanting, and removing brachytherapy sources;

        (IV) maintaining running inventories of material on hand;

        (V) using administrative controls to prevent a medical event involving the use of radioactive material; and

        (VI) using emergency procedures to control radioactive material; and

    (B) three years of supervised clinical experience in radiation oncology, under an authorized user who meets the requirements of subsection (l) of this section, this subsection, or equivalent NRC or agreement state requirements, as part of a formal training program approved by the Residency Review Committee for Radiation Oncology of the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, or the Committee on Postdoctoral Training of the American Osteopathic Association. This experience may be obtained concurrently with the supervised work experience required by subparagraph (A)(ii) of this paragraph; and

  (3) has obtained written attestation that the individual has satisfactorily completed the requirements in paragraph (2) of this subsection and is able to independently fulfill the radiation safety-related duties as an authorized user of manual brachytherapy sources for the medical uses authorized under subsection (rr) of this section. The attestation must be obtained from either:

    (A) a preceptor authorized user who meets the requirements of subsection (l) of this section, this subsection, or equivalent NRC or agreement state requirements; or

    (B) a residency program director who affirms in writing that the attestation represents the consensus of the residency program faculty where at least one faculty member is an authorized user who meets the requirements in subsection (l) of this section, this subsection, or equivalent NRC or agreement state requirements, and concurs with the attestation provided by the residency program director. The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in paragraph (2) of this subsection.

(aaa) Training for ophthalmic use of strontium-90. Except as provided in subsection (l) of this section, the licensee shall require an authorized user of strontium-90 for ophthalmic radiotherapy to be a physician who:

  (1) is an authorized user under subsection (zz) of this section or equivalent NRC or agreement state requirements; or

  (2) has completed 24 hours of classroom and laboratory training applicable to the medical use of strontium-90 for ophthalmic radiotherapy.

    (A) The training shall include the following.

      (i) classroom training shall include the following:

        (I) radiation physics and instrumentation;

        (II) radiation protection;

        (III) mathematics pertaining to the use and measurement of radioactivity; and

        (IV) radiation biology; and

      (ii) supervised clinical training in ophthalmic radiotherapy under the supervision of an authorized user at a medical institution, clinic, or private practice that includes the use of strontium-90 for the ophthalmic treatment of five individuals. This supervised clinical training shall involve:

        (I) examination of each individual to be treated;

        (II) calculation of the dose to be administered;

        (III) administration of the dose; and

        (IV) follow-up and review of each individual's case history; and

  (3) has obtained written attestation, signed by a preceptor authorized user who meets the requirements of subsection (l) of this section, subsection (zz) of this section or this subsection, or equivalent NRC or agreement state requirements, that the individual has satisfactorily completed the requirements of paragraph (2)(A) of this subsection and is able to independently fulfill the radiation safety-related duties as an authorized user of strontium-90 for ophthalmic use.

(bbb) Use of sealed sources and medical devices for diagnosis.

  (1) The licensee shall use only sealed sources that are not in medical devices for diagnostic medical uses if the sealed sources are approved in the Sealed Source and Device Registry for diagnostic medicine. The sealed sources may be used for diagnostic medical uses that are not explicitly listed in the Sealed Source and Device Registry but must be used in accordance with the radiation safety conditions and limitations described in the Sealed Source and Device Registry.

  (2) The licensee must only use medical devices containing sealed sources for diagnostic medical uses if both the sealed sources and medical devices are approved in the Sealed Source and Device Registry for diagnostic medical uses. The diagnostic medical devices may be used for diagnostic medical uses that are not explicitly listed in the Sealed Source and Device Registry but must be used in accordance with the radiation safety conditions and limitations described in the Sealed Source and Device Registry.

  (3) Sealed sources and devices for diagnostic medical uses may be used in research in accordance with an active Investigational Device Exemption (IDE) application accepted by the FDA provided the requirements of subsection (u)(1) of this section are met.

  (4) The licensee shall ensure that installation or exchange of sealed source(s) in medical imaging equipment is performed only by the manufacturer or persons specifically authorized to perform these services by the department, the NRC, or another agreement state. The licensee shall maintain a record for each installation or exchange for inspection by the department in accordance with subsection (xxx) of this section. The record shall include the date, the installer's radioactive material license number, and the regulatory agency that issued the license to the installer.

(ccc) Training for use of sealed sources for diagnosis. Except as provided in subsection (l) of this section, the licensee shall require the authorized user of a diagnostic sealed source or a device authorized in accordance with subsection (bbb) of this section to be a physician, dentist, or podiatrist who:

  (1) is certified by a specialty board whose certification process includes all of the requirements of paragraphs (3) and (4) of this subsection and whose certification has been recognized by the department, the NRC, or an agreement state. The names of board certifications that have been recognized by the department, the NRC, or an agreement state are posted on the NRC's Medical Uses Licensee Toolkit web page; or

  (2) is an authorized user for uses listed in subsection (hh) of this section or equivalent NRC or agreement state requirements; or

Cont'd...

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