<<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) 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

  (11) having knowledge of and ensuring compliance with federal and state security measures for radioactive material.

(h) Specific licenses of broad scope.

  (1) Types of specific licenses of broad scope.

    (A) A "Type A specific license of broad scope" is a specific license authorizing receipt, acquisition, ownership, possession, use, and transfer of any chemical or physical form of the radioactive material specified in the license, but not exceeding quantities specified in the license. The quantities specified are usually in the multicurie range.

    (B) A "Type B specific license of broad scope" is a specific license authorizing receipt, acquisition, ownership, possession, use, and transfer of any chemical or physical form of radioactive material specified in subsection (jj)(10) of this section. The possession limit for a Type B specific license of broad scope, if only one radionuclide is possessed thereunder, is the quantity specified for that radionuclide in subsection (jj)(10) of this section. If two or more radionuclides are possessed thereunder, the possession limit for each is determined as follows: For each radionuclide, determine the ratio of the quantity possessed to the applicable quantity specified in subsection (jj)(10) of this section, for that radionuclide. The sum of the ratios for all radionuclides possessed under the license shall not exceed unity.

    (C) A "Type C specific license of broad scope" is a specific license authorizing receipt, acquisition, ownership, possession, use, and transfer of any chemical or physical form of radioactive material specified in subsection (jj)(10) of this section. The possession limit for a Type C specific license of broad scope, if only one radionuclide is possessed thereunder, is the quantity specified for that radionuclide in subsection (jj)(10) of this section. If two or more radionuclides are possessed thereunder, the possession limit is determined for each as follows: For each radionuclide determine the ratio of the quantity possessed to the applicable quantity specified in subsection (jj)(10) of this section, for that radionuclide. The sum of the ratios for all radionuclides possessed under the license shall not exceed unity.

  (2) An application for a Type A specific license of broad scope will be approved if:

    (A) the applicant satisfies the general requirements specified in subsection (e) of this section;

    (B) the applicant has engaged in a reasonable number of activities involving the use of radioactive material; and

    (C) the applicant has established administrative controls and provisions relating to organization and management, procedures, record keeping, material control, and accounting and management review that are necessary to assure safe operations, including:

      (i) the establishment of an RSC composed of such persons as an RSO, a representative of management, and persons trained and experienced in the safe use of radioactive materials management to fulfill the duties and responsibilities specified in subsection (g) of this section;

      (ii) the appointment of a full-time RSO meeting the requirements of subsection (f)(7) or (8) of this section who is qualified by training and experience in radiation protection, and who is available for advice and assistance on radiation safety matters; and

      (iii) the establishment of appropriate administrative procedures to ensure:

        (I) control of procurement and use of radioactive material;

        (II) completion of safety evaluations of proposed uses of radioactive material which take into consideration such matters as the adequacy of facilities and equipment, training and experience of the user, and the operating or handling procedures; and

        (III) review, approval, and recording by the RSC of safety evaluations of proposed uses prepared in accordance with subclause (II) of this clause before use of the radioactive material.

  (3) An application for a Type B specific license of broad scope will be approved if:

    (A) the applicant satisfies the general requirements specified in subsection (e) of this section; and

    (B) the applicant has established administrative controls and provisions relating to organization and management, procedures, record keeping, material control and accounting, and management review that are necessary to assure safe operations, including:

      (i) the appointment of an RSO who is qualified by training and experience in radiation protection, and who is available for advice and assistance on safety matters; and

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