reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 3 - Selection of Vendors › Section 3-11 - Denial of authorization

Current through July 10, 2024
Authority: IC
				  16-19-3-5;
				  IC
				  16-35-1.5-6
Affected: IC 4-21.5; IC
				  16-19-3-5
Sec. 11.
(a) The
				department shall deny the application of a store or vendor if the selection
				criteria in either section 4 or 5 of this rule, or both, are not met unless the
				department determines there is inadequate participant access. The department
				will do the following:
(1) Notify the vendor
				in writing of the denial.
(2)
				Inform them of their appeal rights under IC 4-21.5.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 3 - Selection of Vendors › Section 3-12 - Termination of authorized WIC vendors

Current through July 10, 2024
Authority: IC 16-19-3-5; IC 16-35-1.5-6
Affected: IC 16-19-3-5
Sec. 12.
The department shall terminate a WIC vendor's authorization
				  if any of the following occur:
(1) The
				store has been disqualified under 410 IAC 3.6-4 or 410 IAC 3.6-5.
(2) The WIC vendor supplied false information
				in their application for authorization or reauthorization.
(3) The store is not redeeming at least forty
				(40) food instruments per month by the sixth month of their authorization or
				reauthorization, unless the department determines that termination of the WIC
				vendor would cause inadequate participant access as described in section 9 of
				this rule.
(4) Ownership of the
				store changes.
(5) The store closes
				for more than three (3) consecutive business days and does not notify the
				department, unless the department determines that termination of the WIC vendor
				would cause inadequate participant access as described in section 9 of this
				rule.
(6) The store makes more than
				fifty percent (50%) of its annual revenue from the sale of food items through
				WIC food instruments.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 4 - Federally-Mandated WIC Vendor Sanctions › Section 4-1 - Permanent disqualifications

Current through July 10, 2024
Authority: IC
				  16-19-3-5;
				  IC
				  16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 1.
(a) The
				department shall permanently disqualify a WIC vendor convicted of either of the
				following:
(1) Trafficking in food
				instruments.
(2) Selling:
(A) firearms;
(B) ammunition;
(C) explosives; or
(D) controlled substances, as defined in
				Section 102 of the Controlled Substances Act (
				21
				U.S.C. 802 ); in exchange for food
				instruments.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 4 - Federally-Mandated WIC Vendor Sanctions › Section 4-2 - Six-year disqualifications

Current through July 10, 2024
Authority: IC
				  16-19-3-5;
				  IC
				  16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 2.
The department shall disqualify a WIC vendor for six (6)
				  years for one (1) incidence of either of the following:
(1) Buying or selling food instruments for
				cash (trafficking).
(2) Selling:
(A) firearms;
(B) ammunition;
(C) explosives; or
(D) controlled substances, as defined in
				21
				U.S.C. 802;
in exchange for food instruments.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 4 - Federally-Mandated WIC Vendor Sanctions › Section 4-3 - Three-year disqualifications

Current through July 10, 2024
Authority: IC
				  16-19-3-5;
				  IC
				  16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 3.
The department shall disqualify a WIC vendor for three (3)
				  years for any of the following reasons:
(1) One (1) incidence of the sale of:
(A) alcohol;
(B) alcoholic beverages; or
(C) tobacco products;
in exchange for food instruments.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 4 - Federally-Mandated WIC Vendor Sanctions › Section 4-4 - One-year disqualifications

Current through July 10, 2024
Authority: IC
				  16-19-3-5;
				  IC
				  16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 4.
The department shall disqualify a vendor for one (1) year for
				  a pattern of two (2) or more instances, within a twenty-four (24) month period,
				  of providing unauthorized food items in exchange for food instruments,
				  including charging for supplemental foods provided in excess of those listed on
				  the food instrument.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 4 - Federally-Mandated WIC Vendor Sanctions › Section 4-5 - Second mandatory sanctions

Current through July 10, 2024
Authority: IC 16-19-3-5; IC 16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 5.
When a vendor, who previously has been assessed a sanction
				  for a:
(1) six-year;
(2) three-year; or
(3) one-year;
disqualification, receives another sanction for any of these
				  violations, the department shall double the second sanction. Civil money
				  penalties may only be doubled up to the limits allowed under
				  7 CFR
				  246.12(l)(2)(i).
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 4 - Federally-Mandated WIC Vendor Sanctions › Section 4-6 - Third or subsequent mandatory sanction

Current through July 10, 2024
Authority: IC
				  16-19-3-5;
				  IC
				  16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 6.
When a WIC vendor, who previously has been assessed two (2)
				  or more sanctions for a:
(1)
				six-year;
(2) three-year;
				or
(3) one-year; disqualification,
				receives another sanction for any of these violations, the department shall
				double the third sanction and all subsequent sanctions. The department shall
				not impose civil money penalties in lieu of disqualification for third or
				subsequent sanctions for violations listed for a six-year disqualification,
				three-year disqualification, or one-year disqualification.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 4 - Federally-Mandated WIC Vendor Sanctions › Section 4-7 - Disqualification based on another food program disqualification

Current through July 10, 2024
Authority: IC
				  16-19-3-5;
				  IC
				  16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 7.
The department shall disqualify a WIC vendor who has been
				  disqualified from the food stamp program. The disqualification:
(1) shall be for the same length of time as
				the food stamp program disqualification;
(2) may begin at a later date than the food
				stamp program disqualification; and
(3) shall not be subject to administrative or
				judicial review under the WIC program.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 4 - Federally-Mandated WIC Vendor Sanctions › Section 4-8 - Inadequate participant access determinations for federally-mandated vendor disqualification

Current through July 10, 2024
Authority: IC
				  16-19-3-5;
				  IC
				  16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 8.
Before disqualifying a vendor for a food stamp program
				  disqualification or for any of the violations listed for a federally-mandated
				  six-year disqualification, three-year disqualification, or one-year
				  disqualification, the department shall determine if disqualification of the WIC
				  vendor would result in inadequate participant access. If the department
				  determines that disqualification of the WIC vendor would result in inadequate
				  participant access, the department shall impose a civil money penalty in lieu
				  of disqualification. However, the department shall not impose a civil money
				  penalty in lieu of disqualification for third or subsequent sanctions for
				  violations listed for a:
(1)
				six-year;
(2) three-year;
				or
(3) one-year; disqualification.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 4 - Federally-Mandated WIC Vendor Sanctions › Section 4-9 - Civil money penalty formula

Current through July 10, 2024
Authority: IC 16-19-3-5; IC 16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 9.
(a) For each
				violation subject to a federally-mandated sanction, the department shall take
				the following steps to calculate a civil money penalty imposed in lieu of
				disqualification:
(1) Determine the vendor's
				average monthly redemption of food instruments for the six (6) month period
				ending with the month immediately preceding the month during which the notice
				of adverse action is dated.
(2)
				Multiply the average monthly redemption amount determined in subdivision (1) by
				ten percent (10%).
(3) Multiply the
				product from subdivisions (1) and (2) by the number of months for which the
				vendor would have been disqualified. This is the amount of the civil money
				penalty, provided that the civil money penalty shall not exceed the limits set
				forth in
				7 CFR
				246.12(l)(2)(i). For a
				violation that warrants permanent disqualification, the amount of the civil
				money penalty shall not exceed the limits set forth in
				7 CFR
				246.12(l)(2)(i). When during
				the course of an investigation the department determines a vendor has committed
				multiple violations, the department shall impose a civil money penalty for each
				violation.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 4 - Federally-Mandated WIC Vendor Sanctions › Section 4-10 - Multiple violations during an investigation

Current through July 10, 2024
Authority: IC
				  16-19-3-5;
				  IC
				  16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 10.
When during the course of an investigation the department
				  determines a vendor has committed multiple violations of this rule, the
				  department shall disqualify the vendor for the period corresponding to the most
				  serious violation of this rule. However, the department shall include all
				  violations in the notice of adverse action.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 5 - Department Sanctions › Section 5-1 - Compliance

Current through July 10, 2024
Authority: IC
				  16-19-3-5;
				  IC
				  16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 1.
The department is required to conduct routine monitoring
				  visits to assess vendor compliance. Sanctions will be imposed when required.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 5 - Department Sanctions › Section 5-3 - Prior warning

Current through July 10, 2024
Authority: IC
				  16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 3.
The department shall notify a vendor in writing when an
				  investigation reveals an initial incidence of a violation for which a pattern
				  of incidences must be established in order to impose a sanction, before another
				  such incidence is documented, unless the department determines, in its
				  discretion, on a case-by-case basis, that notifying the vendor would compromise
				  an investigation.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 5 - Department Sanctions › Section 5-4 - General requirements

Current through July 10, 2024
Authority: IC 16-19-3-5; IC 16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 4.
The total period of disqualification imposed for department
				  sanctions investigated as part of a single investigation may not exceed one (1)
				  year. A civil money penalty or fine may not exceed eleven thousand dollars
				  ($11,000) for each violation. The total amount of civil money penalties and
				  administrative fines imposed for violations investigated as part of an
				  investigation may not exceed the limits set forth in
				  7 CFR
				  246.12(l)(2)(i).
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 5 - Department Sanctions › Section 5-5 - Administrative reviews

Current through July 10, 2024
Authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-35-1.5-6
Affected: IC 4-21.5; IC 16-19-3; IC 16-35-1.5
Sec. 5.
The department shall provide administrative review to the
				  extent required by IC 4-21.5, except that administrative review will not be
				  provided for certain department actions as indicated in
				  7 CFR
				  246.18(a)(1)(iii).
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 5 - Department Sanctions › Section 5-6 - Termination of agreement

Current through July 10, 2024
Authority: IC
				  16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 6.
When the department disqualifies a vendor, the department
				  shall also terminate the vendor agreement.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 3.6 - WOMEN, INFANTS, AND CHILDREN PROGRAM RULES, PENALTIES, AND SANCTIONS FOR WIC VENDORS › Rule 6 - Incorporation by Reference › Section 6-1 - Incorporation by reference

Current through July 10, 2024
Authority: IC
				  16-19-3-5;
				  IC
				  16-35-1.5-6
Affected: IC 16-35-1.5
Sec. 1.
(a) When
				used in this article, references to the following publications shall mean the
				version of that publication listed in this subsection. The following
				publications are hereby incorporated by reference:
(1)7 CFR 246 (February 4, 2008).
(2)
										42
				U.S.C. 1786.
(3)
										21
				U.S.C. 802.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 1 - General Provisions › Section 1-1 - Scope of rule

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 1.
Pursuant to the authority found in IC 13-1-2-9
[IC
				  13-1 was repealed by P.L. 1-1996, SECTION 99, effective July 1, 1996.]
providing for the granting, suspending, revoking, or amending general
				  or specific licenses for radioactive materials and the registration of
				  radiation sources. Nothing in 410 IAC 5 shall apply to any person to the extent
				  such person is subject to regulation by the U.S. Nuclear Regulatory Commission.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 1 - General Provisions › Section 1-3 - Exemptions from rule

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 3.
(a) General
				Provision. The board may, upon application therefore or upon its own
				initiative, grant such exemptions or exceptions from the requirements of 410
				IAC 5 as it determines are authorized by law and will not result in undue
				hazard to public health and safety or property.
(b) Carriers. Common and contract carriers,
				freight forwarders, and warehousemen, who are subject to the rules and
				regulations of the U.S. Department of Transportation or the U.S. Postal Service
				are exempt from 410 IAC 5 to the extent that they transport or store sources of
				radiation in the regular course of their carriage for another or storage
				incident thereto. Private carriers who are subject to the rules and regulations
				of the U.S. Department of Transportation are exempted from 410 IAC 5 to the
				extent that they transport sources of radiation. Common, contract, and private
				carriers who are not subject to the rules and regulations of the U.S.
				Department of Transportation or the U.S. Postal Service are subject to
				applicable sections of 410 IAC 5.
(c) U.S. Department of Energy Contractors and
				U.S. Nuclear Regulatory Commission Contractors. Any U.S. Department of Energy
				contractor or subcontractor and any U.S. Nuclear Regulatory Commission
				contractor or subcontractor of the following categories operating within the
				state of Indiana is exempt from 410 IAC 5 to the extent that such contractor or
				subcontractor under his contract receives, possesses, uses, transfers or
				acquires sources of radiation:
(1) Prime
				contractors performing work for the U.S. Department of Energy at U.S.
				Government-owned or -controlled sites, including the transportation of sources
				of radiation to or from such sites and the performance of contract services
				during temporary interruptions of such transportation;
(2) Prime contractors of the U.S. Department
				of Energy performing research in, or development, manufacture, storage, testing
				or transportation of, atomic weapons or components thereof;
(3) Prime contractors of the U.S. Department
				of Energy using or operating nuclear reactors or other nuclear devices in a
				United States Government-owned vehicle or vessel; and
(4) Any other prime contractor or
				subcontractor of the U.S. Department of Energy or of the U.S. Nuclear
				Regulatory Commission when the state of Indiana and the U.S. Nuclear Regulatory
				Commission jointly determine:
(i) that the
				exemption of the prime contractor or subcontractor is authorized by law;
				and
(ii) that under the terms of
				the contract or subcontract, there is adequate assurance that the work
				thereunder can be accomplished without undue risk to the public health and
				safety.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 1 - General Provisions › Section 1-4 - Recordkeeping

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 4.
Each licensee and registrant shall maintain records showing
				  the receipt, transfer, and disposal of all sources of radiation. Additional
				  record requirements are specified elsewhere in 410 IAC 5.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 1 - General Provisions › Section 1-5 - Inspections of facilities and records

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 5.
(a) Each
				licensee and registrant shall afford the board at all reasonable times
				opportunity to inspect sources of radiation and the premises and facilities
				wherein such sources of radiation are used or stored.
(b) Each licensee and registrant shall make
				available to the board for inspection, upon reasonable notice, records
				maintained pursuant to 410 IAC 5.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 1 - General Provisions › Section 1-6 - Tests

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 6.
Each licensee and registrant shall perform upon instructions
				  from the board, or shall permit the board to perform such reasonable tests as
				  the board deems appropriate or necessary including, but not limited to, tests
				  of:
(a) sources of
				radiation;
(b) facilities wherein
				sources of radiation are used or stored;
(c) radiation detection and monitoring
				instruments; and
(d) other
				equipment and devices used in connection with utilization or storage of
				licensed or registered sources of radiation.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 1 - General Provisions › Section 1-7 - Additional requirements

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 7.
The board may by rule, regulation, or order, impose upon any
				  licensee or registrant such requirements in addition to those established in
				  410 IAC 5 as it deems appropriate or necessary to minimize danger to public
				  health and safety or property.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 1 - General Provisions › Section 1-8 - Violations

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 8.
Any person who willfully violates any provision of 410 IAC 5
				  or order issued thereunder will be subject to controls in IC
				  13-1-2-20
[IC 13-1 was repealed by P.L. 1-1996, SECTION 99, effective
				  July 1, 1996.]
and IC 13-1-2-21
[IC 13-1 was repealed by P.L.
				  1-1996, SECTION 99, effective July 1, 1996.]
.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 1 - General Provisions › Section 1-9 - Prohibited devices

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 9.
(a) Hand-held
				fluoroscopic screens shall not be used.
(b) Shoe-fitting fluoroscopic devices shall
				not be used.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 1 - General Provisions › Section 1-10 - Board address

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 10.
All communications and reports concerning 410 IAC 5, and
				  applications filed thereunder, should be addressed to the board at its office
				  located at the Indiana department of health, 2 North Meridian Street,
				  Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 1 - General Provisions › Section 1-10.5 - International system of units

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 10.5.
The Metric Conversion Act of 1975 ( PL 94-168 ) urged the
				  increasing awareness and use of the International System of Units (SI). Where
				  appropriate, schedules and appendices are provided with notes concerning
				  conversion factors. The inclusion of the SI equivalent is for informational
				  purposes only.
(a) Absorbed dose. The
				unit of absorbed dose is the gray (Gy), which is equal to 1 joule per kilogram.
				One rad is equal to 1 × 10-2 gray.
				Sub-multiples included in this document are the milligray (mGy) and the
				microgray (µGy).
(b) Dose
				equivalent. The unit of dose equivalent is the sievert (Sv) which is equal to 1
				joule per kilogram. One rem is equal to 1 ×
				10-2 sievert. Sub-multiples included in this
				document are the millisievert (µSv) and the microsievert
				(µSv).
(c)
Exposure
. The
				unit of
exposure
is the coulomb per kilogram (C/kg).
				One roentgen is equal to 2.58 × 10-4 coulomb
				per kilogram. Submultiples of this unit are the millicoulomb per kilogram
				(mC/kg) and the microcoulomb per kilogram (µC/kg).
(d) Radioactivity. The unit of measurement of
				radioactivity is the becquerel (Bq) and is equal to one transformation per
				second. One curie is equal to 3.7 × 1010
				becquerels. Multiples included in this document are kilobecquerel (kBq),
				megabecquerel (MBq), gigabecquerel (GBq), and petabecquerel (PBq).
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 1 - General Provisions › Section 1-12 - Tests for special form licensed material

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 12.
APPENDIX B TESTS FOR SPECIAL FORM LICENSED MATERIAL
(1) Free Drop-A free drop through a distance
				of 30 feet (9.14 meters) onto a flat essentially unyielding horizontal surface,
				striking the surface in such a position as to suffer maximum damage.
(2) Percussion-Impact of the flat circular
				end of a 1 inch (2.54 centimeters) diameter steel rod weighing 3 pounds (1.36
				kilograms), dropped through a distance of 40 inches (1.02 meters). The capsule
				or material shall be placed on a sheet of lead, of hardness number 3.5 to 4.5
				on the Vickers scale, and not more than 1 inch (2.54 centimeters) thick,
				supported by a smooth essentially unyielding surface.
(3) Heating-Heating in air to a temperature
				of 1475° F (801.67° C) and remaining at that temperature for a period
				of 10 minutes.
(4)
				Immersion-Immersion for 24 hours in water at room temperature. The water shall
				be at pH 6-pH 8, with a maximum conductivity of 10 micromhos per
				centimeter.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 2 - Registration of Radiation Machine Facilities and Services › Section 2-1 - Scope of rules; registration of materials

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 1.
(a)410 IAC
				5-2 provides for the registration of radiation machine facilities.
(b) In addition to the requirements of 410
				IAC 5-2, all registrants are subject to the applicable provisions of other
				sections of 410 IAC 5.
(c) In
				addition to 410 IAC 5-2-1(a) and 410 IAC 5-2-1(b) each person who receives,
				possesses, uses, transfers or acquires radioactive material shall register such
				materials with the board in accordance with the requirements of 410 IAC 5-2.
				This requirement is effective until the state enters into an effective
				agreement with the U.S. Nuclear Regulator Commission for the transfer of
				regulatory authority under Sec. 274(b) of the Atomic Energy Act of 1954, as
				amended (73 Stat. 689) at which time 410 IAC 5-3, Licensing of Radioactive
				Material, becomes effective.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 2 - Registration of Radiation Machine Facilities and Services › Section 2-2 - Definitions

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 2.
(a) For
				purposes of 410 IAC 5-2, "facility" means the location at which one or more
				devices or sources are installed and/or located within one building, vehicle,
				or under one roof and are under the same administrative control.
(b) Pursuant to
				410 IAC
				5-2-1(c)  "radiation machine" as used
				throughout 410 IAC 5-2 also refers to radioactive material.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 2 - Registration of Radiation Machine Facilities and Services › Section 2-3 - Exemptions

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 3.
(a)
				Electronic equipment that produces radiation incidental to its operation for
				other purposes is exempt from the registration and notification requirements of
				410 IAC 5-2, providing dose equivalent rate averaged over an area of 10 square
				cm does not exceed 0.5 mrem per hour at 5 cm from any accessible surface of
				such equipment. The production, testing or factory servicing of such equipment
				shall not be exempt.
(b) Radiation
				machines while in transit or storage incident thereto are exempt from the
				requirements of 410 IAC 5-2.
(c)
				Domestic television receivers are exempt from the requirements of 410 IAC
				5-2.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 2 - Registration of Radiation Machine Facilities and Services › Section 2-4 - Application for registration of facility

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 4.
Each person having a radiation machine facility shall:
(a) Register such facility with the
				board prior to the operation of a radiation machine facility. The registration
				shall be completed on forms furnished by the board and shall contain all the
				information required by the form and accompanying instructions.
(b) Designate on the application form an
				individual to be responsible for radiation protection.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 2 - Registration of Radiation Machine Facilities and Services › Section 2-5 - Issuance of registration

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 5.
(a) Upon a
				determination that an applicant meets the requirements of 410 IAC 5, the board
				shall issue a registration.
(b) The
				board may incorporate in the registration at the time of issuance or thereafter
				by appropriate rule, regulation or order, such additional requirements and
				conditions with respect to the registrant's receipt, possession, use and
				transfer of radiation machines as it deems appropriate or necessary.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 2 - Registration of Radiation Machine Facilities and Services › Section 2-6 - Notice of changes

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 6.
The registrant shall notify the board in writing before
				  making any change which would render the information contained in the
				  registration no longer accurate.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 2 - Registration of Radiation Machine Facilities and Services › Section 2-7 - Advertising prohibitions

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 7.
No person, in any advertisement, shall refer to the fact
				  that he or his facility is registered with the board pursuant to the provisions
				  of 410 IAC 5-2 and no person shall state or imply that any activity under such
				  registration has been approved by the board.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 2 - Registration of Radiation Machine Facilities and Services › Section 2-8 - Dealers and assemblers; duties; notice and reports to board

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 8.
(a) Any
				person who sells, leases, transfers, lends, disposes, assembles, or installs
				radiation machines in this state shall notify the board within 15 days of:
(1) the name and address of persons who have
				received these machines;
(2) the
				manufacturer, model, and serial number of each radiation machine transferred;
				and
(3) the date of transfer of
				each radiation machine.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 2 - Registration of Radiation Machine Facilities and Services › Section 2-9 - Bringing radiation machine into state; application

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 9.
(a) Whenever
				any radiation machine is to be brought into the state, for any temporary use,
				the person proposing to bring such machine into the state shall give written
				notice to the board at least two (2) working days before such machine is to be
				used in the state. The notice shall include the type of radiation machine; the
				nature, duration, and scope of use; the exact location(s) where the radiation
				machine is to be used; and states in which this machine is registered. If for a
				specific case the two working-day period would impose an undue hardship on the
				person, he may, upon application to the board, obtain permission to proceed
				sooner.
(b) The person referred to
				in 410 IAC 5-2-9(a) shall:
(1) comply with all
				applicable requirements of the board including the certification of x-ray
				machine operators;
(2) supply the
				board with such other information as the board may reasonably request;
				and
(3) not operate within the
				state on a temporary basis in excess of 180 calendar days per year.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 3 - Licensing of Radioactive Material › Section 3-2 - Scope of rule

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 2.
(a)410 IAC
				5-3 provides for the licensing of radioactive material. No person shall
				receive, possess, use, transfer, own or acquire radioactive material except as
				authorized in a specific or general license issued pursuant to 410 IAC 5-3 or
				as otherwise provided in 410 IAC 5-3.
(b) Provisions for the licensing of
				radioactive materials as set forth in 410 IAC 5-3 shall become effective on the
				date of an effective agreement between the U.S. Nuclear Regulatory Commission
				and the state for the transfer of regulatory authority under Section 274b of
				the Atomic Energy Act of 1954, as amended (73 Stat 689); however, NARM
				materials are covered by all applicable provisions of 410 IAC 5.
(c) In addition to the requirements of 410
				IAC 5-3, all licensees are subject to the requirements of 410 IAC 5-1, 410 IAC
				5-4 and 410 IAC 5-10. Licensees engaged in industrial radiographic operations
				are subject to the requirements of 410 IAC 5-5 and licensees using sealed
				sources in the healing arts are subject to the requirements of 410 IAC 5-7, and
				licensees engaged in wireline and subsurface tracer studies are subject to the
				requirements of 410 IAC 5-10.1.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 3 - Licensing of Radioactive Material › Section 3-3 - Exemption of source materials

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 3.
(a) Any
				person is exempt from 410 IAC 5-3 to the extent that such person receives,
				possesses, uses, owns or transfers source material in any chemical mixture,
				compound, solution or alloy in which the source material is by weight less than
				1/20 of 1 percent (0.05 percent) of the mixture, compound, solution or
				alloy.
(b) Any person is exempt
				from 410 IAC 5-3 to the extent that such person receives, possesses, uses or
				transfers unrefined and unprocessed ore containing source material; provided
				that, except as authorized in a specific license, such person shall not refine
				or process such ore.
(c) Any person
				is exempt from 410 IAC 5-3 to the extent that such person receives, possesses,
				uses or transfers:
(1) Any quantities of
				thorium contained in:
(i) incandescent gas
				mantles,
(ii) vacuum
				tubes,
(iii) welding
				rods,
(iv) electric lamps for
				illuminating purposes provided that each lamp does not contain more than 50
				milligrams of thorium,
(v)
				germicidal lamps, sunlamps and lamps for outdoor or industrial lighting
				provided that each lamp does not contain more than 2 grams of
				thorium,
(vi) rare earth metals and
				compounds, mixtures and products containing not more than 0.25 percent by
				weight thorium, uranium or any combination of these, or
(vii) personnel neutron dosimeters, provided
				that each dosimeter does not contain more than 50 milligrams of
				thorium:
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 3 - Licensing of Radioactive Material › Section 3-4 - Exemption of materials other than source materials

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 4.
(a) Exempt
				Concentrations
(1) Except as provided in 410
				IAC 5-3-4(a)(2), any person is exempt from this part to the extent that such
				person receives, possesses, uses, transfers, owns or acquires products
				containing radioactive material introduced in concentrations not in excess of
				those listed in Schedule A,
				410 IAC
				5-3-26.
(2) No person may introduce radioactive
				material into a product or material knowing or having reason to believe that it
				will be transferred to persons exempt under 410 IAC 5-3-4(a)(1) or equivalent
				regulations of the U.S. Nuclear Regulatory Commission, any agreement state or
				licensing state, except in accordance with a specific license issued pursuant
				to
				410
				IAC 5-3-13(a)  or the general license
				provided in
				410 IAC
				5-3-24.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 3 - Licensing of Radioactive Material › Section 3-5 - Types of licenses

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 5.
Licenses for radioactive materials are of two types: general
				  and specific.
(a) General licenses
				provided in 410 IAC 5-3 are effective without the filing of applications with
				the board or the issuance of licensing documents to the particular persons,
				although the filing of a certificate with the board may be required by the
				particular general license. The general licensee is subject to all other
				applicable portions of 410 IAC 5 and any limitations of the general
				license.
(b) Specific licenses
				require the submission of an application to the board and the issuance of a
				licensing document by the board. The licensee is subject to all applicable
				portions of 410 IAC 5 as well as any limitations specified in the licensing
				document.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 3 - Licensing of Radioactive Material › Section 3-7 - General licenses for materials other than source materials

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 7.
General Licenses*-Radioactive Material Other Than Source
				  Material.
(a) Certain Devices and
				Equipment. A general license is hereby issued to transfer, receive, acquire,
				own, possess and use radioactive material incorporated in the following devices
				or equipment which have been manufactured, tested, and labeled by the
				manufacturer in accordance with a specific license issued to the manufacturer
				by the U.S. Nuclear Regulatory Commission for use pursuant to Section 31.3 of
				10 CFR Part 31. This general license is subject to the provisions of
				410 IAC 5-1-4
				through
				410 IAC 5-1-9,
				410 IAC
				5-3-4(a)(2),
				410 IAC
				5-3-15,
				410 IAC
				5-3-22,
				410
				IAC 5-3-23,
				410 IAC
				5-3-25, 410 IAC 5-4,4/ and
				410 IAC 5-10.
*Different general licenses are issued in this section, each
				  of which has its own specific conditions and requirements.
4/ Attention is directed
				  particularly to the provisions of 410 IAC 5-4 which relates to the labeling of
				  containers.
(1) Static Elimination
				Device. Devices designed for use as static eliminators which contain, as a
				sealed source or sources, radioactive material consisting of a total of not
				more than 500 microcuries of polonium-210 per device or a total of not more
				than 50 millicuries of hydrogen-3 (tritium) per device.
(2) Ion Generating Tube. Devices designed for
				ionization of air which contain, as a sealed source or sources, radioactive
				material consisting of a total of not more than 500 microcuries of polonium-210
				per device or a total of not more than 50 millicuries of hydrogen-3 (tritium)
				per device.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 3 - Licensing of Radioactive Material › Section 3-9 - Applications for specific licenses

Current through July 10, 2024
Authority: IC
				  16-41-35-26;
				  IC
				  16-41-35-29
Affected: IC 16-41-35
Sec. 9.
(a)
				Applications for specific licenses shall be filed (in triplicate) on a form
				prescribed by the board.
(b) The
				board may at any time after the filing of the original application, and before
				the expiration of the license, require further statements in order to enable
				the board to determine whether the application should be granted or denied or
				whether a license should be modified or revoked.
(c) Each application shall be signed by the
				applicant or licensee or a person duly authorized to act for and on his
				behalf.
(d) An application for a
				license may include a request for a license authorizing one or more
				activities.
(e) In his application,
				the applicant may incorporate by reference information contained in previous
				applications, statements, or reports filed with the board provided such
				references are clear and specific.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 3 - Licensing of Radioactive Material › Section 3-11 - Specific licenses for human, medical and industrial uses

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 11.
(a) Human
				Use of Radioactive Material in Institutions. In addition to the requirements
				set forth in
				410
				IAC 5-3-10, a specific license for human use of
				radioactive material in institutions will be issued if:
(1) The applicant has appointed a medical
				isotopes committee of at least three members to evaluate all proposals for
				research, diagnostic, and therapeutic use of radioactive material within that
				institution. Membership of the committee should include physicians expert in
				internal medicine, hematology, therapeutic radiology, and a person experienced,
				in assay of radioactive material and protection against radiation;
(2) The applicant possesses adequate
				facilities for the clinical care of patients;
(3) The physician designated on the
				application as the individual user has substantial experience in the handling
				and administration of radioactive material and, where applicable, the clinical
				management of radioactive patients; and
(4) The application is for a license to use
				unspecified quantities or multiple types of radioactive material, the
				applicant's staff has substantial experience in the use of a variety of
				radioactive materials for a variety of human uses.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 3 - Licensing of Radioactive Material › Section 3-12 - Specific licenses of broad scope

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 12.
This section prescribes requirements for the issuance of
				  specific licenses of broad scope for radioactive material and certain
				  regulations governing holders of such licenses.10/
10/ Authority to transfer
				  possession or control by the manufacturer, processor or producer of any
				  equipment, device, commodity or other product containing byproduct material
				  whose subsequent possession, use, transfer and disposal by all other persons
				  are exempted from regulatory requirements may be obtained only from the U.S.
				  Nuclear Regulatory Commission, Washington, D.C. 20555.
(a) The different types of broad licenses are
				set forth below:
(1) 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, for any authorized purpose. The quantities specified
				are usually in the multicurie range.
(2) 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 Schedule D,
				410 IAC
				5-3-29, for any authorized purpose. The possession
				limit for a Type B license of broad scope, if only one radionuclide is
				possessed thereunder, is the quantity specified for that radionuclide in
				Schedule D,
				410 IAC
				5-3-29, Column I. 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 Schedule D,
				410 IAC
				5-3-29, Column I, for that radionuclide. The sum of
				the ratios for all radionuclides possessed under the license shall not exceed
				unity.
(3) 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 Schedule D,
				410 IAC
				5-3-29, for any authorized purpose. The possession
				limit for a Type C license of broad scope, if only one radionuclide is
				possessed thereunder, is the quantity specified for that radionuclide in
				Schedule D,
				410 IAC
				5-3-29, Column II. 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 Schedule D,
				410 IAC
				5-3-29, Column II, for that radionuclide. The sum of
				the ratios for all radionuclides possessed under the license shall not exceed
				unity.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 3 - Licensing of Radioactive Material › Section 3-12.5 - Specific licenses for source material milling

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 12.5.
In addition to the requirements set forth in
				  410 IAC
				  5-3-9, a specific license for source material milling
				  will be issued if the applicant submits to the board a satisfactory application
				  as described herein and meets the other conditions specified below:
(a) An application for a license to receive
				title to, receive, possess, and use source material for milling or byproduct
				material as defined in
				410 IAC 5-1-2 shall
				address the following:
(1) Description of the
				proposed project or action;
(2)
				Area/site characteristics including geology, topography, hydrology, and
				meteorology;
(3) Radiological and
				nonradiological impacts of the proposed project or action, including waterway
				and groundwater impacts;
(4)
				Environmental effects of accidents;
(5) Long-term impacts including
				decommissioning, decontamination, and reclamation; and
(6) Site and project alternatives.