| (8) the applicant's permanent facility is located in
Texas (if the applicant's permanent facility is not located in Texas,
reciprocal recognition shall be sought as required by subsection (ee)
of this section);
(9) the owner of the property is aware that radioactive
material is stored or used on the property, if the proposed facility
is not owned by the applicant. The applicant shall provide a written
statement from the owner, or from the owner's agent, indicating such.
This paragraph does not apply to property owned or held by a government
entity or to property on which radioactive material is used under
an authorization for temporary job site use;
(10) there is no reason to deny the license as specified
in subsections (d)(15) or (x)(9) of this section; and
(11) the applicant shall have a current registration
with the Secretary of State to conduct business in the state, unless
the applicant is exempt. All applicants using an assumed name in their
application shall file an assumed name certificate as required under
the Texas Business and Commerce Code, Chapter 71.
(f) RSO.
(1) An RSO shall be designated for every license issued
by the department. A single individual may be designated as RSO for
more than one license if authorized by the department.
(2) The RSO's documented qualifications shall include
as a minimum:
(A) possession of a high school diploma or a certificate
of high school equivalency based on the GED test;
(B) completion of the training and testing requirements
specified in this chapter for the activities for which the license
application is submitted; and
(C) training and experience necessary to supervise
the radiation safety aspects of the licensed activity.
(3) Every licensee shall establish in writing the authority,
duties, and responsibilities of the RSO and ensure that the RSO is
provided sufficient authority, organizational freedom, time, resources,
and management prerogative to perform the specific duties of the RSO
which include the following:
(A) to establish and oversee operating, safety, emergency,
and as low as reasonably achievable (ALARA) procedures, and to review
them at least annually to ensure that the procedures are current and
conform with this chapter;
(B) to oversee and approve all phases of the training
program for operations and personnel so that appropriate and effective
radiation protection practices are taught;
(C) to ensure that required radiation surveys and leak
tests are performed and documented in accordance with this chapter,
including any corrective measures when levels of radiation exceed
established limits;
(D) to ensure that individual monitoring devices are
used properly by occupationally-exposed personnel, that records are
kept of the monitoring results, and that timely notifications are
made in accordance with §289.203 of this title;
(E) to investigate and cause a report to be submitted
to the department for each known or suspected case of radiation exposure
to an individual or radiation level detected in excess of limits established
by this chapter and each theft or loss of source(s) of radiation,
to determine the cause(s), and to take steps to prevent a recurrence;
(F) to investigate and cause a report to be submitted
to the department for each known or suspected case of release of radioactive
material to the environment in excess of limits established by this
chapter;
(G) to have a thorough knowledge of management policies
and administrative procedures of the licensee;
(H) to assume control and have the authority to institute
corrective actions, including shutdown of operations when necessary
in emergency situations or unsafe conditions;
(I) to ensure that records are maintained as required
by this chapter;
(J) to ensure the proper storing, labeling, transport,
use and disposal of sources of radiation, storage, and transport containers;
(K) to ensure that inventories are performed in accordance
with the activities for which the license application is submitted;
(L) to perform a physical inventory of the radioactive
sealed sources authorized for use on the license every 6 months and
make, maintain, and retain records of the inventory of the radioactive
sealed sources authorized for use on the license every six months,
to include the following:
(i) isotope(s);
(ii) quantity(ies);
(iii) activity(ies);
(iv) date inventory is performed;
(v) location;
(vi) unique identifying number or serial number; and
(vii) signature of person performing the inventory;
(M) to ensure that personnel are complying with this
chapter, the conditions of the license, and the operating, safety,
and emergency procedures of the licensee;
(N) to serve as the primary contact with the department;
and
(O) to have knowledge of and ensure compliance with
federal and state security measures for radioactive material.
(4) The RSO shall ensure that the duties listed in
paragraph (3)(A) - (O) of this subsection are performed.
(5) The RSO shall be on site periodically, commensurate
with the scope of licensed activities, to satisfy the requirements
of paragraphs (3) and (4) of this subsection.
(6) The RSO, or a Site RSO designated on the license,
shall be capable of physically arriving at the licensee's authorized
use site(s) within a reasonable time of being notified of an emergency
situation or unsafe condition. A Site RSO shall meet the qualifications
in paragraph (2) of this subsection.
(7) Requirements for RSOs for specific licenses for
broad scope authorization for research and development. In addition
to the requirements in paragraphs (1) and (3) - (6) of this subsection,
the RSO's qualifications for specific licenses for broad scope authorization
for research and development shall include evidence of the following:
(A) a bachelor's degree in health physics, radiological
health, physical science or a biological science with a physical science
minor and 4 years of applied health physics experience in a program
with radiation safety issues similar to those in the program to be
managed;
(B) a master's degree in health physics or radiological
health and 3 years of applied health physics experience in a program
with radiation safety issues similar to those in the program to be
managed;
(C) 2 years of applied health physics experience in
a program with radiation safety issues similar to those in the program
to be managed and one of the following:
(i) doctorate degree in health physics or radiological
health;
(ii) comprehensive certification by the American Board
of Health Physics;
(iii) certification by the American Board of Radiology
in Nuclear Medical Physics;
(iv) certification by the American Board of Science
in Nuclear Medicine in Radiation Protection; or
(v) certification by the American Board of Medical
Physics in Medical Health Physics; or
(D) equivalent qualifications as approved by the department.
(8) The qualifications in paragraph (7)(A) - (D) do
not apply to individuals who have been adequately trained and designated
as RSOs on licenses issued before October 1, 2000.
(g) Duties and responsibilities of the Radiation Safety
Committee (RSC). The duties and responsibilities of the RSC include
the following:
(1) meeting as often as necessary to conduct business
but no less than three times a year;
(2) reviewing summaries of the following information
presented by the RSO:
(A) over-exposures;
(B) significant incidents, including spills, contamination,
or medical events; and
(C) items of non-compliance following an inspection;
(3) reviewing the program for maintaining doses ALARA,
and providing any necessary recommendations to ensure doses are ALARA;
(4) reviewing the overall compliance status for authorized
users;
(5) sharing responsibility with the RSO to conduct
periodic audits of the radiation safety program;
(6) reviewing the audit of the radiation safety program
and acting upon the findings;
(7) developing criteria to evaluate training and experience
of new authorized user applicants;
(8) evaluating and approving authorized user applicants
who request authorization to use radioactive material at the facility;
(9) evaluating new uses of radioactive material;
(10) reviewing and approving permitted program and
procedural changes before implementation; and
Cont'd... |
