Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-203 - Definitions

As used in this subchapter:
(1)
"Accelerator or particle accelerator, medical" means a device used to impart kinetic energy of not greater than one hundred megaelectronvolts (100 MeV) to electrically charged particles such as electrons, protons, deuterons, and helium ions, and which is used for medical purposes;
(2)
"Accelerator or particle accelerator, nonmedical" means a device used to impart kinetic energy of not greater than one hundred megaelectronvolts (100 MeV) to electrically charged particles such as electrons, protons, deuterons, and helium ions, and which is not used for medical purposes;
(3)
"Accelerator-produced radioactive material" means any material made radioactive, so as to emit radiation spontaneously, by a particle accelerator;
(4)
"Assembler" means any person who is engaged in the business of installing or offering to install radiation machines or components associated with radiation machines;
(5)
"By-product material" means:
(A)
Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;
(B)
The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by these solution extraction operations do not constitute by-product material within this definition;
(C)
Any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity;
(D)
Any material that:
(i)
Has been made radioactive by use of a particle accelerator; and
(ii)
Is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and
(E)
Any discrete source of naturally occurring radioactive material, other than source material, that:
(i)
The United States Nuclear Regulatory Commission, in consultation with the Administrator of the United States Environmental Protection Agency, the United States Secretary of Energy, the United States Secretary of Homeland Security, and the head of any other appropriate federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and
(ii)
Before, on, or after August 8, 2005, is extracted or converted after extraction for use in a commercial, medical, or research activity;
(6)
"Calibration sources - consulting services" means any individual, group of individuals, or company possessing a sealed radioactive source used for the calibration of radiation-measuring instruments or devices as authorized by a radioactive material license;
(7)
"Civil penalty" means any monetary penalty levied on a licensee or registrant because of violation of statutes, rules, licenses, or registration certificates but does not include criminal penalties;
(8)
"Closure" means all activities performed at a waste disposal site, such as stabilization and contouring, to assure that the site is in a stable condition so that only minor custodial care, surveillance, and monitoring are necessary at the site following termination of licensed operation;
(9)
"Decommissioning" means final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for post-operational care;
(10)
"Dental radiographic unit" means any X-ray device that is subject to the requirements for intraoral dental radiographic systems set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health;
(11)
"Gas chromatograph and X-ray fluorescence devices" means analytical laboratory instruments designed for qualitative and quantitative analysis using radioactive material as a component of the instrument detector or as a fluorescence excitation source;
(12)
(A)
"General license" means a license effective pursuant to rules promulgated by the State Radiation Control Agency without the filing of an application with the Department of Health or the issuance of licensing documents to particular persons to transfer, acquire, own, possess, or use quantities of radioactive material or devices or equipment utilizing radioactive material.
(B)
"Specific license" means a license issued to a named person upon application filed pursuant to rules promulgated under this subchapter to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of radioactive material or equipment utilizing radioactive material.
(C)
"Academic broad license" means any radioactive material license issued to a college or university and subject to the special requirements for "specific licenses of broad scope" as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health.
(D)
"Academic radioactive material license" means any radioactive material license issued to a college or university, excluding academic broad licenses;
(13)
"High-level radioactive waste" means:
(A)
Irradiated reactor fuel;
(B)
Liquid wastes resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuel; and
(C)
Solids into which such liquid wastes have been converted;
(14)
"Industrial units" means X-ray machines used within the manufacturing industry and other industries and in industrial radiography;
(15)
"In vitro laboratory testing" means nonhuman use of radioactive material for laboratory testing in accordance with a general license authorized by the rules for control of sources of ionizing radiation promulgated by the State Board of Health;
(16)
"Ionizing radiation" means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but does not include sound or radio waves or visible, infrared, or ultraviolet light;
(17)
"Irradiator" means a device or facility which contains and uses sealed sources for the irradiation of objects or materials;
(18)
"Low-level radioactive waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section 11e. (2) of the Atomic Energy Act of 1954;
(19)
"Mobile nuclear medicine service" means the transportation and medical use of by-product material and diagnostic instrumentation;
(20)
"Naturally occurring radioactive material" means any material of natural origin that emits radiation spontaneously, excluding uranium, thorium, and the tailings produced in their extraction or concentration;
(21)
"Nuclear gauge" means a device that uses radioactive material as a means of measurement or testing;
(22)
"Nuclear medicine" means human use of radioactive material for diagnostic or therapeutic purposes, not including radioisotope teletherapy;
(23)
"Nuclear pharmacy" means a facility licensed by the Arkansas State Board of Pharmacy for the purpose of compounding and dispensing prescription drugs which contain or are intended to be used with radioactive material. In addition, the facility is intended to provide service for more than one (1) medical licensee;
(24)
"Panoramic wet source storage irradiator" means a controlled human access irradiator in which the sealed source is contained in a storage pool, usually containing water, and in which the sealed source is fully shielded when not in use. The sealed source is exposed within a radiation room that is maintained as inaccessible during use by interlocked controls;
(25)
"Person" means:
(A)
Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency of this state, political subdivision of this state, of any other state or political subdivision or agency thereof; and
(B)
Any legal successor, representative, agent, or agency of the foregoing, but not including United States Government agencies;
(26)
"Physician" means a doctor of medicine or doctor of osteopathy licensed by the Arkansas State Medical Board to prescribe drugs in the practice of medicine;
(27)
"Private practice" means any use of radioactive material subject to the requirements for licensing of individual physicians for human use of radioactive materials as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health;
(28)
"Radiation equipment" means any manufactured product or device, or component part of a product or device, or any machine or system which during operation can generate or emit ionizing radiation, except those which emit radiation only from radioactive material;
(29)
(A)
"Radioactive material" means any material, whether solid, liquid, or gas, which emits ionizing radiation spontaneously.
(B)
"Radioactive material" includes by-product, naturally occurring, source, and special nuclear materials;
(30)
"Radioactive waste management" means storage, treatment, or disposal of radioactive wastes;
(31)
"Radiography" means the examination of the macroscopic structure of materials by nondestructive methods utilizing sources of ionizing radiation;
(32)
(A)
"Radioisotope teletherapy" means the use of radiation from a sealed radioactive source for medical treatment.
(B)
"Radioisotope teletherapy" does not include radiation from sealed radioactive sources implanted within individuals or on-surface contact with individuals;
(33)
"Reciprocity" means the reciprocal recognition of licenses, registrations, or the equivalent issued by the United States Nuclear Regulatory Commission or any agreement state other than Arkansas, subject to provisions for reciprocal recognition of licenses, registrations, or the equivalent as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health;
(34)
"Registration" means registration with the Department of Health in accordance with rules promulgated by the State Board of Health;
(35)
"Service personnel" means any person who is engaged in the business of offering or performing:
(A)
Repair or service of radiation machines and associated radiation machine components;
(B)
Repair or service of devices containing radioactive material;
(C)
Calibration of radiation machines;
(D)
Calibration of radiation instrumentation or devices; or
(E)
Furnishing personnel dosimetry services to State Radiation Control Agency licensees or registrants;
(36)
(A)
"Source material" means:
(i)
Uranium, thorium, or any combination thereof, in any physical or chemical form; or
(ii)
Ores that contain by weight one-twentieth of one percent (0.05%) or more of uranium, thorium, or any combination thereof.
(B)
"Source material" does not include special nuclear material;
(37)
"Sources of radiation" means, collectively, radioactive material and radiation equipment;
(38)
"Special nuclear material" means:
(A)
Plutonium, uranium-233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the United States Nuclear Regulatory Commission under the provisions of § 51 of the Atomic Energy Act of 1954, as amended, determines to be special nuclear material but does not include source material; or
(B)
Any material artificially enriched by any of the foregoing but does not include source material;
(39)
(A)
"Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, has undergone at least one (1) year's decay since being used as a source of energy in a power reactor, and has not been chemically separated into its constituent elements by reprocessing.
(B)
"Spent nuclear fuel" includes special nuclear material, by-product material, source material, and other radioactive material associated with fuel assemblies;
(40)
"Transuranic waste" means radioactive waste containing alpha-emitting transuranic elements, with radioactive half-lives greater than five (5) years, in excess of ten nanocuries per gram (10 nCi/g);
(41)
"Veterinary medicine radiographic systems" means any X-ray device that is subject to the requirements for veterinary medicine radiographic installations set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health;
(42)
"Wireline service operation" means any evaluation or mechanical service which is performed in a wellbore, using devices on a wireline; and
(43)
"X-ray tube" means any electron tube which is designed to be used primarily for the production of X-rays.
Amended by Act 2021, No. 268,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 2009, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2008, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2007, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2006, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2005, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2004, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2003, eff. 7/24/2019.
Amended by Act 2019, No. 389,§ 38, eff. 7/24/2019.
Amended by Act 2019, No. 389,§ 37, eff. 7/24/2019.
Amended by Act 2019, No. 389,§ 36, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5018, eff. 7/1/2019.
Acts 1961 (2nd Ex. Sess.), No. 8, § 3; 1983, No. 19, §§ 3, 4; A.S.A. 1947, § 82-1514; Acts 1987, No. 504, § 1; 1995, No. 796, § 1.