<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 289RADIATION CONTROL
SUBCHAPTER FLICENSE REGULATIONS
RULE §289.252Licensing of Radioactive Material

        (III) clearly identify the specific licensee submitting the report and include the license number of the specific licensee;

        (IV) identify each general licensee by name and mailing address for the location of use; if there is no mailing address for the location of use an alternate address for the licensee shall be submitted along with the information on the actual location of use;

        (V) identify an individual by name, position, and phone number who has knowledge of and authority to take required actions to ensure compliance with the appropriate regulations and requirements;

        (VI) include the type, model and serial number of the device, and serial number of sealed source commercially distributed;

        (VII) include the quantity and type of radioactive material contained in the device; and

        (VIII) include the date of receipt.

      (ii) If one or more intermediate persons will temporarily possess the device at the intended place of use prior to its possession by the user, the report shall also include the same information for both the intended user and each intermediate person, and clearly designate the intermediate person(s).

      (iii) If no commercial distributions have been made to persons in the agreement state during the reporting period, the report shall so indicate.

      (iv) For devices received from a general licensee, the report shall include the identity of the general licensee by name and address, the type, model number, and serial number of the device received, the date of receipt, and, in the case of devices not initially transferred by the reporting licensee, the name of the manufacturer or initial transferor; and

    (D) make, maintain, and retain records required by this paragraph for inspection by the agency in accordance with subsection (mm) of this section, including the name, address, and the point of contact for each general licensee to whom the licensee directly or through an intermediate person commercially distributes radioactive material in devices for use in accordance with the general license provided in §289.251(f)(4)(H) of this title, or equivalent requirements of the NRC or any agreement state.

      (i) The records shall include the following:

        (I) the date of each commercial distribution;

        (II) the isotope and the quantity of radioactivity in each device commercially distributed;

        (III) the identity of any intermediate person; and

        (IV) compliance with the reporting requirements of this subsection.

      (ii) If no commercial distributions have been made to persons generally licensed in accordance with §289.251(f)(4)(H) of this title during the reporting period, the records shall so indicate.

  (8) If a notification of bankruptcy has been made in accordance with subsection (x)(6) of this section or the license is to be terminated, each person licensed in accordance with this subsection shall provide, upon request to the NRC and to any appropriate agreement state, records of final disposition required in accordance with subsection (y)(16)(A) of this section.

  (9) Each device that is transferred after February 19, 2002, shall meet the labeling requirements in accordance with paragraph (1)(C) - (E) of this subsection.

(m) Specific licenses for the manufacture, assembly, repair, or initial transfer of luminous safety devices containing tritium or promethium-147 for use in aircraft for distribution to persons generally licensed in accordance with §289.251(f)(4)(B) of this title. In addition to the requirements in subsection (e) of this section, a specific license to manufacture, assemble, repair, or initially transfer luminous safety devices containing tritium or promethium-147 for use in aircraft, for distribution to persons generally licensed in accordance with §289.251(f)(4)(B) of this title, will be issued if the agency approves the information submitted by the applicant. The information shall satisfy the requirements of Title 10, CFR, §§32.53, 32.54, 32.55, and 32.56, or their equivalent.

(n) Specific licenses for the manufacture or initial transfer of calibration sources containing americium-241 or radium-226 for commercial distribution to persons generally licensed in accordance with §289.251(f)(4)(D) of this title.

  (1) In addition to the requirements in subsection (e) of this section, a specific license to manufacture or initially transfer calibration sources containing americium-241, or radium-226 to persons generally licensed in accordance with §289.251(f)(4)(D) of this title will be issued if the agency approves the information submitted by the applicant. The information shall satisfy the requirements of Title 10, CFR, §§32.57, 32.58, 32.59, and §70.39 or their equivalent.

  (2) Each person licensed in accordance with this subsection shall perform a dry wipe test on each source containing more than 0.1 µCi (3.7 kilobecquerels (kBq)) of americium-241 or radium-226 before transferring the source to a general licensee in accordance with §289.251(f)(4)(D) of this title or equivalent regulations of the NRC or any agreement state. This test shall be performed by wiping the entire radioactive surface of the source with a filter paper with the application of moderate finger pressure. The radioactivity on the filter paper shall be measured by using radiation detection instrumentation capable of detecting 0.005 µCi (0.185 kBq) of americium-241 or radium-226. If a source has been shown to be leaking or losing more than 0.005 µCi (0.185 kBq) of americium-241 or radium-226 by methods described in this paragraph, the source shall be rejected and shall not be transferred to a general licensee in accordance with §289.251(f)(4)(D) of this title or equivalent regulations of the NRC or any agreement state.

(o) Specific licenses for the manufacture and commercial distribution of sealed sources or devices containing radioactive material for medical use. In addition to the requirements in subsection (e) of this section, a specific license to manufacture and commercially distribute sealed sources and devices containing radioactive material to persons licensed in accordance with §289.256 of this title for use as a calibration, transmission, or reference source or for use of sealed sources listed in §289.256(q), (rr), (bbb), and (ddd) of this title will be issued if the agency approves the following information submitted by the applicant:

  (1) an evaluation of the radiation safety of each type of sealed source or device including the following:

    (A) the radioactive material contained, its chemical and physical form, and amount;

    (B) details of design and construction of the sealed source or device;

    (C) procedures for, and results of, prototype tests to demonstrate that the sealed source or device will maintain its integrity under stresses likely to be encountered in normal use and accidents;

    (D) for devices containing radioactive material, the radiation profile of a prototype device;

    (E) details of quality control procedures to assure that production sources and devices meet the standards of the design and prototype tests;

    (F) procedures and standards for calibrating sealed sources and devices;

    (G) instructions for handling and storing the sealed source or device from the radiation safety standpoint. These instructions are to be included on a durable label attached to the sealed source or device or attached to a permanent storage container for the sealed source or device, provided that instructions that are too lengthy for the label may be summarized on the label and printed in detail on a brochure that is referenced on the label; and

    (H) a legend and methods for labeling sources and devices as to their radioactive content;

  (2) documentation that the label affixed to the sealed source or device, or to the permanent storage container for the sealed source or device, contains information on the radionuclide, quantity, and date of assay, and a statement that the name of the sealed source or device is licensed by the agency for commercial distribution to persons licensed for use of sealed sources in the healing arts or by equivalent licenses of the NRC or any agreement state;

  (3) documentation that in the event the applicant desires that the sealed source or device be required to be tested for radioactive material leakage at intervals longer than 6 months, the applicant shall include in the application sufficient information to demonstrate that the longer interval is justified by performance characteristics of the sealed source or device or similar sources or devices and by design features that have a significant bearing on the probability or consequences of radioactive material leakage from the sealed source;

Cont'd...

Next Page Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page