California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 4 - Radiation › Group 2 - Licensing of Radioactive Materials › Article 4 - Licenses › Section 30195 - Special Requirements for Issuance of Specific Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the requirements set forth in Section
						  30194, specific licenses for certain
						  specialized uses will be issued only if the following conditions are met:
(a) For human use of radioactive material limited
						to medical purposes, the applicant submits documentation demonstrating that they are
						capable of complying with the regulations governing the medical use of radioactive
						material in title 10, Code of Federal Regulations, Part 35 (10 CFR 35)
						(January 1, 2021), which is hereby incorporated by reference with the exceptions
						listed at subsections (a)(1) through (a)(15) below, and upon issuance of a license
						maintains compliance with said regulations:
(1)
						Title 10, Code of Federal Regulations, sections
						35.1,
						35.5,
						35.7,
						35.8,
						35.10,
						35.11(c),
						35.12,
						35.13,
						35.14,
						35.15,
						35.18,
						35.19,
						35.26,
						35.65,
						35.4001, and
						35.4002 are not incorporated by
						reference.
(2) Any references to the
						United States Nuclear Regulatory Commission (NRC) or any component thereof shall be
						deemed to be a reference to the "Department" as defined in section
						30100.
(3) Any reference to
						10 CFR
						35, section
						35.5 shall be deemed to be a reference
						to section 30293.
(4) Any reference to "Person" in
						10 CFR
						35 shall be deemed to be a reference to the term
						"Person" as defined in section
						114985(c)
						of the Health and Safety Code.
(5) Any
						reference to "Licensee" in 10 CFR
						35 shall be deemed to be a reference to the term
						"User" as defined in section
						30100.
(6) Any reference to "Byproduct material" in
						10 CFR
						35 is replaced by the term "Radioactive Material"
						as defined in section
						30100.
(7) The definition of the term "Agreement State"
						in 10 CFR
						35, section
						35.2 is replaced by the definition of
						the term "Agreement State" as defined in section
						30100.
(8) The definition of the term "Sealed source" in
						10 CFR
						35, section
						35.2 is replaced by the definition of
						the term "Sealed source" as defined in section
						30100.
(9) The definition of the term "Dentist" in
						10 CFR
						35, section
						35.2 is modified to mean an individual
						possessing a current and valid license to practice as a dentist pursuant to the
						California Dental Practice Act specified in Business and Professions Code Section
						1600
						et seq.
(10) The definition of the term
						"Pharmacist" in 10 CFR
						35, section
						35.2 is modified to mean an individual
						possessing a current and valid license to practice as a pharmacist pursuant to the
						California Pharmacy Law specified in Business and Professions Code Section
						4000
						et seq.
(11) The definition of the term
						"Podiatrist" in 10 CFR
						35, section
						35.2 is modified to mean an individual
						possessing a current and valid license to practice as a podiatrist pursuant to
						California Business and Professions Code sections
						2460
						et seq.
(12) The definition of the term
						"Physician" in 10 CFR
						35, section
						35.2 is modified to mean an individual
						possessing a current and valid license to practice as a physician and surgeon or as
						an osteopathic physician and surgeon pursuant to the California Medical Practice Act
						specified in Business and Professions Code Section
						2000
						et seq.
(13) The reference to section
						19.12 found in
						10 CFR
						35, section
						35.27(b)(1) shall be
						deemed to be a reference to section
						30255.
(14) The following
						10 CFR
						35 provisions shall read or are revised as
						indicated:
(A) Section
						35.50(c)(3) shall read
						"Has experience with the radiation safety aspects of the types of use of byproduct
						material for which the individual is seeking simultaneous approval both as the
						Radiation Safety Officer and the authorized user on the same new medical use license
						or new medical use permit issued by a Commission master material licensee. The
						individual must also meet the requirements in paragraph (d) of this
						section."
(B) Section
						35.55(a)(1) shall read
						"Have graduated from a pharmacy program accredited by the Accreditation Council for
						Pharmacy Education (ACPE) (previously named the American Council on Pharmaceutical
						Education) or have passed the Foreign Pharmacy Graduate Examination Committee
						(FPGEC) examination."
(C) Section
						35.57 shall read or is revised as
						indicated:
1. The date July 1, 2022 is substituted
						for the date January 14, 2019 found in subdivisions (a)(1) and (b)(1), and for the
						date October 24, 2005 found in subdivisions (a)(2) and (a)(3).
2. Subdivision (b)(2) shall read "Physicians,
						dentists, or podiatrists not identified as authorized users for the medical use of
						byproduct material on a license issued by the Commission or an Agreement State, a
						permit issued by a Commission master material licensee, a permit issued by a
						Commission or an Agreement State broad scope licensee, or a permit issued in
						accordance with a Commission master material license of broad scope on or before
						July 1, 2022, need not comply with the training requirements of subparts D through H
						of this part for those materials and uses that these individuals performed on or
						before July 1, 2022, as follows:".
(15) Nothing in this incorporation by reference
						shall be construed to authorize the Department to approve of specialty boards or
						medical specialty boards for meeting training requirements specified in
						10 CFR
						35.