reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › General Provisions › Section 459.124 - Records

Current through June 11, 2024
1. In addition to other records required by
				  NAC 459.010 to
				  459.950, inclusive, and sections
				  4 to 28, inclusive,, each licensee and registrant shall maintain records
				  showing his or her receipt, transfer and disposal of all sources of radiation
				  as follows:
(a) A licensee or registrant shall
				  retain a record showing his or her receipt of radioactive material during the
				  period in which the licensee or registrant possesses the radioactive material
				  and for at least 3 years following the transfer or disposal of the radioactive
				  material.
(b) Except as otherwise
				  provided in NAC
				  459.010 to
				  459.950, inclusive, and sections
				  4 to 28, inclusive,, a licensee or registrant who transfers radioactive
				  material shall retain a record showing his or her transfer of the radioactive
				  material for at least 3 years after the transfer occurs.
(c) Except as otherwise provided in NAC
				  459.010 to
				  459.950, inclusive, and sections
				  4 to 28, inclusive,, a licensee or registrant who transfers source material
				  shall retain a record showing his or her transfer of the source material until
				  the Division terminates the license that authorizes the activity for which the
				  source material that is subject to the recordkeeping requirement is being
				  used.
(d) A licensee or registrant
				  who disposes of radioactive material shall retain a record showing his or her
				  disposal of the radioactive material until the Division terminates the license
				  that authorizes the disposal of the radioactive material.
(e) While a licensee is maintaining records
				  in accordance with this section, if source or byproduct material is combined or
				  mixed with other licensed material and subsequently treated in a manner that
				  makes direct correlation of a receipt record with a transfer, export or
				  disposition record impossible, the licensee may use evaluative techniques,
				  including, without limitation, the first-in, first-out method, to make the
				  records that are required pursuant to this section account for 100 percent of
				  the material received.
(f) If a
				  retention period is not otherwise specified in this section or as a condition
				  of the license, a licensee or registrant shall retain a record until the
				  Division terminates the license that authorizes the activity for which the
				  radioactive material that is subject to the recordkeeping requirement is being
				  used.
(g) If there is a conflict
				  between a retention period set forth in NAC
				  459.010 to
				  459.950, inclusive, and sections
				  4 to 28, inclusive and a retention period set forth as a condition of a
				  license, the retention period set forth in NAC
				  459.010 to
				  459.950, inclusive, and sections
				  4 to 28, inclusive applies unless the Division has granted an exemption from
				  the retention period pursuant to NAC
				  459.120.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › General Provisions › Section 459.126 - Inspections

Current through June 11, 2024
1. Each licensee and registrant shall, at any
				  reasonable time, permit the Division to inspect sources of radiation and the
				  premises or facilities where sources of radiation are used or stored.
2. Each licensee and registrant shall make
				  available to the Division for inspection, upon reasonable notice, his or her
				  records maintained pursuant to these regulations.
Bd. of Health, Radiation Control
				  Reg. §§ 1.5-1.5.2, eff. 2-28-80
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › General Provisions › Section 459.128 - Tests

Current through June 11, 2024
On
				  instruction from the Division, each licensee and registrant shall perform or
				  permit the Division to perform such reasonable tests as the Division deems
				  appropriate or necessary, including, but not limited to, tests of:
1. Sources of radiation;
2. Facilities in which sources of radiation
				  are used or stored;
3. Instruments
				  for detection and monitoring of radiation; and
4. Other equipment and devices used in
				  connection with the use or storage of licensed or registered sources of
				  radiation.
Bd. of Health, Radiation Control
				  Reg. §§ 1.6-1.6.4, eff. 2-28-80
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › General Provisions › Section 459.134 - Communications with Division

Current through June 11,
				  2024
All communications and reports concerning the
				  provisions of NAC
				  459.010 to
				  459.950, inclusive, and sections
				  5 to 12, inclusive, and sections 5 to 12, inclusive, of this regulation and
				  copies of regulatory guides and applications filed under those provisions
				  should be addressed to the Radiation Control Program, Division of Public and
				  Behavioral Health, at the current applicable mailing address provided on the
				  Internet website for the Radiation Control Program at
http://dpbh.nv.gov/Reg/Radiation_Control_Programs/
.
Bd. of Health, Radiation Control
				  Reg. § 1.9, eff. 2-28-80-NAC A 9-6-88; R084-98, 1-26-99; R149-07,
				  1-30-2008; A by
				  R144-13A,
				  eff. 10/13/2016; A
				  by
				  R021-18A,
				  eff. 12/18/2019
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › General Provisions › Section 459.135 - Deliberate misconduct; enforcement action

Current through June
				  11, 2024
1. A licensee,
				  registrant, employee of a licensee or registrant, contractor or subcontractor
				  of a licensee or registrant, or employee of such a contractor or subcontractor,
				  who knowingly provides to a licensee or registrant, or to a contractor or
				  subcontractor of a licensee or registrant, any component, equipment, material
				  or other good or service that relates to the activities of the licensee or
				  registrant pursuant to this chapter shall not:
(a) Engage in deliberate misconduct;
				  or
(b) Deliberately submit to the
				  Division, a licensee, a registrant, or a contractor or subcontractor of a
				  licensee or registrant, information that the person submitting the information
				  knows to be incomplete or inaccurate in some respect material to the
				  Division.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › General Provisions › Section 459.136 - Procedure for review of actions taken by Division; appeals

Current
				  through June 11, 2024
1.
				  Any licensee or registrant who has reason to believe that an action by the
				  Division or one or more of the Division's staff members pursuant to NAC
				  459.118 to
				  459.950, inclusive, and sections
				  7 to 28, inclusive concerning him or her has been incorrect or based on
				  inadequate knowledge may, within 10 business days after receiving notice of the
				  action, request an informal discussion with the employee responsible for the
				  action and the immediate supervisor of the employee.
2. If the informal discussion does not
				  resolve the problem, the aggrieved person may, within 10 business days after
				  the date scheduled for the informal discussion, submit a written request to the
				  Division for an informal conference. The informal conference must be scheduled
				  for a date, place and time mutually agreed upon by the aggrieved person and the
				  Division, except that the informal conference must be held no later than 60
				  days after the date on which the Division received the written
				  request.
3. Except as otherwise
				  provided in subsection 4, the determination of the Division resulting from the
				  informal conference cannot be appealed and is the final remedy available to the
				  aggrieved person.
4. An applicant
				  for or holder of a license or registration issued pursuant to NAC
				  459.118 to
				  459.950, inclusive, and sections
				  7 to 28, inclusive who is aggrieved by the Division taking any disciplinary
				  action pursuant to
				  NRS 459.010 to
				  459.290, inclusive, and
				  NAC 459.208 and section 10 may appeal
				  that action in accordance with NAC
				  439.300 to
				  439.395, inclusive, after
				  exhausting the informal procedures set forth in this section, except that the
				  Division may waive the informal procedures, or any portion thereof, by giving
				  written notice to the aggrieved person.
Bd. of Health, Radiation Control
				  Reg. §§ 12.1-12.1.4, eff. 2-28-80-NAC A 9-6-88; 10-30-97; R149-07,
				  1-30-2008; A by
				  R144-13A,
				  eff. 10/13/2016
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › General Provisions › Section 459.138 - Change of method for determining calendar quarters

Current
				  through June 11, 2024
No licensee or registrant may
				  change the method observed by him or her for determining calendar quarters for
				  purposes of NAC 459.010 to 459.950, inclusive, except at the beginning of a
				  calendar year.
Bd. of Health, Radiation Control
				  Reg. part § 1.2.6, eff. 2-28-80-NAC A 9-6-88; R084-98, 1-26-99; R149-07,
				  1-30-2008
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › General Provisions › Section 459.140 - Variances

Current through June 11, 2024
A request
				  for a variance must be made in accordance with the procedures in chapter 439 of
				  NAC, regulations governing the procedures for seeking variances from board
				  regulations.
Bd. of Health, Radiation Control
				  Reg. §§ 12.2 & 12.2.1, eff. 2-28-80
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › General Provisions › Section 459.141 - Termination of declaration of woman who has declared her pregnancy

Current through June 11, 2024
The
				  declaration of a woman who has declared her pregnancy remains in effect until
				  the woman making the declaration:
1.
				  Withdraws the declaration in writing; or
2. Is no longer pregnant.
Added to NAC by Dep't of Human
				  Resources by R137-01, eff. 5-30-2003
NRS
				  459.030
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › General Provisions › Section 459.142 - Severability

Current through June 11, 2024
If any of
				  the provisions of NAC 459.010 to 459.950, inclusive, or any application thereof
				  to any person, thing or circumstance is held invalid, it is intended that such
				  invalidity not affect the remaining provisions, or their application, that can
				  be given effect without the invalid provision or application.
Bd. of Health, Radiation Control
				  Reg. § 1.10, eff. 2-28-80-NAC A 9-6-88; R084-98, 1-26-99; R149-07,
				  1-30-2008
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Generally › Section 459.150 - Scope of provisions; registration required

Current through June
				  11, 2024
1. NAC 459.150
				  to 459.166, inclusive, and sections
				  7 to 12, inclusive, of this regulation provide for the registration of
				  radiation machines and registration of persons who install or perform service
				  upon radiation machines.
2. Except
				  as otherwise provided in subsection 3, a radiation machine registered in this
				  State must be maintained in the form in which it was manufactured except that
				  modifications may be made to the radiation machine as authorized by the
				  manufacturer of the radiation machine or the United States Food and Drug
				  Administration.
3. Except as
				  otherwise provided in paragraph (b) of subsection 5, all parts of an X-ray
				  system must be maintained on a radiation machine registered in this State in
				  the form in which they were manufactured except that modifications may be made
				  to an X-ray system on such a radiation machine if prior written approval is
				  obtained from the Division.
4. No
				  person may repair, maintain or install radiation machines unless he or she is
				  registered in conformance with the requirements of NAC 459.150 to
				  459.166, inclusive, and sections
				  7 to 12, inclusive, of this regulation.
5. A person who is registered with the
				  Division to install, service or repair radiation machines shall not:
(a) Install:
(1) A radiation machine in a facility for
				  human use unless the radiation machine has been certified by the United States
				  Food and Drug Administration for human use; or
(2) A radiation machine that produces
				  ionizing radiation unless he or she provides written notice to the Division
				  before the installation; or
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Generally › Section 459.152 - Exemptions from requirements

Current through June 11,
				  2024
1. Except as
				  otherwise provided in subsection 5, electronic equipment that produces
				  radiation incidental to its operation for other purposes is exempt from the
				  requirements of registration and notification in NAC
				  459.150 to
				  459.166, inclusive, if the dose
				  equivalent rate, averaged over an area of 10 square centimeters, does not
				  exceed 0.5 mrem per hour at 5 cm from any accessible surface of the equipment.
				  The production, testing or factory servicing of the equipment is not
				  exempt.
2. Radiation machines
				  which:
(a) Are in transit or in storage
				  incident to transportation; or
(b)
				  Have been previously registered and are disassembled or in storage, are exempt
				  from the requirements of NAC
				  459.150 to
				  459.166, inclusive.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Generally › Section 459.154 - Applications for registration; temporary use of portable machine

Current through June 11, 2024
1. Except as otherwise provided in subsection
				  2, each person who controls an unregistered, operational radiation machine,
				  regardless of whether the radiation machine is in actual service as intended,
				  shall apply to the Division for registration of the machine within 30 days
				  after installing the machine.
2. A
				  person who brings a portable machine into this State for a temporary use of 180
				  days or less in any calendar year:
(a) Must
				  apply to the Division for registration of the machine for a temporary use at
				  least 3 working days before using it in this State;
(b) Shall comply with all other applicable
				  provisions of NAC
				  459.010 to
				  459.950, inclusive, and sections
				  5 to 12, inclusive, of this regulation;
(c) Shall furnish the Division with any other
				  information it may reasonably request; and
(d) Shall not use the machine in this State
				  more than 180 days per calendar year.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Generally › Section 459.156 - Registration certificate: Issuance; incorporation of additional requirements and conditions

Current through June 11,
				  2024
1. Upon a
				  determination that an applicant meets the requirements of NAC 459.150 to
				  459.166, inclusive, the Division shall issue a registration certificate for the
				  radiation machine or for the person installing, servicing or repairing
				  radiation machines on the appropriate form.
2. The Division may incorporate in the
				  registration certificate at the time of issuance or thereafter by appropriate
				  regulations or order any additional requirements and conditions with respect to
				  the receipt, possession, use and transfer of radiation machines by the
				  registrant as it deems appropriate or necessary.
Bd. of Health, Radiation Control
				  Reg. §§ 2.4-2.4.2, eff. 2-28-80-NAC A
				  4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Generally › Section 459.158 - Registration certificate: Expiration

Current through June 11,
				  2024
Except as provided by NAC 459.160, each
				  registration certificate expires on the last day of the month and year
				  indicated on the certificate or 30 days after notification of expiration by the
				  Division.
Bd. of Health, Radiation Control
				  Reg. § 2.5, eff. 2-28-80-NAC A 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Generally › Section 459.160 - Registration certificate: Renewal

Current through June 11,
				  2024
1. An application
				  for renewal of registration must be filed in accordance with NAC
				  459.154.
2. If a registrant files an application for
				  renewal of his or her registration accompanied by the appropriate fee at least
				  30 days before its expiration, his or her registration does not expire until
				  the status of his or her registration has been determined by the
				  Division.
Bd. of Health, Radiation Control
				  Reg. §§ 2.6 & 2.6.1, eff. 2-28-80; §2.6.2, eff. 2-28-80; A
				  10-15-81-NAC A 4-27-84; A by
				  R021-18A,
				  eff. 12/18/2019
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Generally › Section 459.161 - Fees; failure to submit fee

Current through June 11,
				  2024
1. Except as
				  otherwise provided in subsection 7, an application for the registration of a
				  radiation machine submitted pursuant to NAC
				  459.154 must be accompanied by a
				  nonrefundable fee for each X-ray tube, electron source or source of ionizing
				  radiation which is installed in the radiation machine, as follows:
(a) Medical use, other than mammography,
				  $500.
(b) Veterinary use,
				  $150.
(c) Dental use,
				  $140.
(d) Industrial use,
				  $200.
(e) Academic use,
				  $150.
(f) Accelerator,
				  $550.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Generally › Section 459.162 - Report of changes

Current through June 11,
				  2024
The registrant shall electronically notify the
				  Division in the form prescribed by the Division before making any change which
				  would render the information contained in his or her application for
				  registration or his or her registration certificate, or both, no longer
				  accurate.
Bd. of Health, Radiation Control
				  Reg. §2.7, eff. 2-28-80; A by
				  R043-20A,
				  eff. 12/29/2020
NRS
				  439.200,
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Generally › Section 459.164 - Advertisement

Current through June 11, 2024
No person
				  may advertise the fact that the person or his or her facility is registered
				  with the Division pursuant to the provisions of NAC 459.150 to 459.166,
				  inclusive, or imply that any activity under the registration has been approved
				  by the Division.
Bd. of Health, Radiation Control
				  Reg. § 2.8, eff. 2-28-80-NAC A 4-27-84
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Generally › Section 459.166 - Transfer, loan, disposal, assembly or installation of machine, supplies or equipment

Current through June 11,
				  2024
1. Any person who
				  sells, leases, transfers, lends, disposes, assembles or installs radiation
				  machines in this State or sells, leases, transfers or disposes of a radiation
				  machine currently registered in this State shall, within 15 days, notify the
				  Division of:
(a) The name and address of each
				  person who has received such a machine;
(b) The manufacturer, model and serial number
				  of each:
(1) Control console or any other
				  assembly approved by the Division; and
(2) X-ray tube transferred, installed,
				  disassembled or disposed of;
(c) The type of service performed;
				  and
(d) The date of transfer,
				  installation, disassembly or disposal of each machine.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Invasive Intervention Radiation Machines to Perform Federally Exempt Radiography › Section 459.170 - Additional requirements for registration certificate; notice of certain changes to Division; retention and provision of documentation

Current through June 11, 2024
1. In addition to any other requirements for
				  obtaining a registration certificate for an invasive intervention radiation
				  machine issued by the Division pursuant to NAC
				  459.156, an applicant for such a
				  registration certificate must submit to the Division documentation evidencing
				  that each person who will operate the invasive intervention radiation machine
				  to perform federally exempt radiography satisfies the requirements set forth in
				  NAC 459.172.
2. As part of the notification required
				  pursuant to NAC
				  459.162, the registrant for an
				  invasive intervention radiation machine shall notify the Division if:
(a) A person for whom documentation was
				  submitted pursuant to subsection 1 will no longer be operating the invasive
				  intervention radiation machine to perform federally exempt radiography;
				  or
(b) A person for whom
				  documentation was not submitted pursuant to subsection 1 will be operating the
				  invasive intervention radiation machine to perform federally exempt
				  radiography. The registrant must retain documentation evidencing that the
				  person who will operate the invasive intervention radiation machine to perform
				  federally exempt radiography satisfies the requirements set forth in NAC
				  459.172 and provide the
				  documentation to the Division upon request.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Invasive Intervention Radiation Machines to Perform Federally Exempt Radiography › Section 459.172 - Qualifications of person to operate machine

Current through June 11,
				  2024
A person is qualified to operate an invasive
				  intervention radiation machine to perform federally exempt radiography if the
				  person:
1. Is currently certified by
				  the American Registry of Radiologic Technologists;
2. Has a current certificate of authorization
				  to operate a radiation machine for mammography issued by the Division pursuant
				  to
				  NRS
				  457.183; or
3. Has:
(a)
				  Documentation evidencing that the person received training which consisted of
				  performing at least five hands-on procedures using the type of invasive
				  intervention radiation machine for which registration is sought while
				  supervised by a person who:
(1) Satisfied the
				  qualifications set forth in subsection 1 or 2;
(2) Was trained in the operation of the type
				  of invasive intervention radiation machine for which registration is sought by
				  a person who satisfied the qualifications set forth in subsection 1 or
				  2;
(3) Was trained in the operation
				  of the type of invasive intervention radiation machine for which registration
				  is sought by a person who received training which consisted of performing at
				  least five hands-on procedures using the type of invasive intervention
				  radiation machine for which registration is sought while supervised by a person
				  who was trained pursuant to subparagraph (2); or
(4) Was trained in the operation of the type
				  of invasive intervention radiation machine for which registration is sought by
				  a person who received training which consisted of performing at least five
				  hands-on procedures using the type of invasive intervention radiation machine
				  for which registration is sought while supervised by a person who was trained
				  pursuant to subparagraph (1), (2) or (3); or
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Invasive Intervention Radiation Machines to Perform Federally Exempt Radiography › Section 459.174 - Duties of registrant

Current through June 11,
				  2024
The registrant for an invasive intervention
				  radiation machine shall:
1. Establish
				  and maintain policies and procedures to ensure the safe operation of each
				  invasive intervention radiation machine for which the Division has issued a
				  registration certificate to the registrant pursuant to NAC
				  459.156. The policies and
				  procedures established pursuant to this subsection must require that tests of
				  an invasive intervention radiation machine are performed in accordance with the
				  frequency required and consistent with the requirements of the manufacturer of
				  the radiation machine.
2. Ensure
				  that:
(a) The results of the tests required by
				  subsection 1 are analyzed to determine if there are any problems requiring
				  correction;
(b) The necessary
				  corrective action is taken whenever the results of a test for quality assurance
				  indicate that such action is required; and
(c) If necessary corrective action is taken,
				  the action is taken before the radiation machine is used to perform any
				  examination on a patient.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Invasive Intervention Radiation Machines to Perform Federally Exempt Radiography › Section 459.176 - Examination of machine; written record of findings; corrective action

Current through June 11, 2024
1. An invasive intervention radiation machine
				  must be examined to verify that the invasive intervention radiation machine is
				  operating in accordance with the specifications of the manufacturer of the
				  invasive intervention radiation machine and that the invasive intervention
				  radiation machine satisfies the requirements of the standards set forth in
				  21 C.F.R. §
										900.12(b) and
				  21 C.F.R. §
										900.12(e) that would apply
				  to the invasive intervention radiation machine if the invasive intervention
				  radiation machine were used to perform mammography as defined in
				  21 C.F.R. §
										900.2(aa):
(a) Before the invasive intervention
				  radiation machine is placed into service and at least annually
				  thereafter;
(b) After the invasive
				  intervention radiation machine is disassembled and reassembled at the same or a
				  new location; and
(c) After a major
				  component of the invasive intervention radiation machine is changed or
				  repaired.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Invasive Intervention Radiation Machines to Perform Federally Exempt Radiography › Section 459.178 - Posting of techniques chart required

Current through June 11,
				  2024
A copy of the techniques chart described in
				  21 C.F.R. §
										900.12(e)(5) must be posted
				  by the control console or any other assembly approved by the Division of an
				  invasive intervention radiation machine, for each examination performed on a
				  patient.
Added to NAC by Bd. of
				  Health by
				  R021-18A,
				  eff. 12/30/2019
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Registration of Radiation Machines: Invasive Intervention Radiation Machines to Perform Federally Exempt Radiography › Section 459.179 - Prohibition on use of machine for screening or diagnostic mammography; exception

Current through June 11,
				  2024
1. Except as
				  otherwise provided in subsection 2, an invasive intervention radiation machine
				  may not be used to perform screening or diagnostic mammography
				  services.
2. A registrant for the
				  invasive intervention radiation machine may use such a machine to perform
				  screening or diagnostic mammography services if:
(a) The registrant revokes his or her
				  registration certificate issued pursuant to NAC
				  459.156 for the invasive
				  intervention radiation machine;
(b)
				  The registrant applies for and receives a valid certificate of authorization
				  issued pursuant to
				  NRS
				  457.184 for the invasive intervention
				  radiation machine; and
(c) The
				  invasive intervention radiation machine satisfies the requirements for a
				  radiation machine for mammography set forth in chapters 457 of NRS and
				  NAC.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.180 - Applicable provisions; exceptions

Current through June 11,
				  2024
1. The provisions
				  of NAC 459.180 to
				  459.313, inclusive, and sections
				  7 to 27, inclusive provide for the licensing of radioactive materials. No
				  person may receive, possess, use, transfer, own, acquire, manufacture or
				  produce radioactive material except as authorized in a specific or general
				  license issued pursuant to NAC
				  459.180 to
				  459.313, inclusive, and sections
				  7 to 27, inclusive,, or as otherwise provided in those sections with the
				  following exceptions:
(a) A licensee who
				  possesses and uses accelerator-produced radioactive material or discrete
				  sources of radium-226 for which a license amendment is required to authorize
				  the activities in this section may continue to use such materials for uses
				  allowed pursuant to this section until the date of the Nuclear Regulatory
				  Commission's final licensing determination, so long as the licensee submitted
				  an amendment application within 6 months after the waiver expiration date of
				  August 7, 2009, or within 6 months after the date of an earlier termination of
				  the waiver as noticed by the Nuclear Regulatory Commission, whichever is
				  earlier.
(b) A person who possesses
				  and uses accelerator-produced radioactive material or discrete sources of
				  radium-226 for which a specific license is required by this section may
				  continue to use such material for uses allowed pursuant to this section until
				  the date of the Nuclear Regulatory Commission's final licensing determination,
				  so long as the person submits a license application within 12 months after the
				  waiver expiration date of August 7, 2009, or within 12 months after the date of
				  an earlier termination of the waiver as noticed by the Nuclear Regulatory
				  Commission, whichever is earlier.
(c) Persons exempt as provided in this
				  section. (d) Persons exempt pursuant to the applicable sections of 10 C.F.R.
				  Part 150.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.181 - Compliance with federal regulations in transport of licensed material

Current through June 11, 2024
1. Each licensee who transports licensed
				  material outside the site of usage, as specified in the license issued by the
				  Executive Secretary, the United States Nuclear Regulatory Commission or an
				  agreement state, or where transport is on public highways, or who delivers
				  licensed material to a carrier for transport, shall comply with the applicable
				  requirements of the regulations of the United States Department of
				  Transportation set forth in 49 C.F.R. Parts 107, 171 to 180, inclusive, and 390
				  to 397, inclusive, appropriate to the mode of transport.
2. The licensee shall particularly note those
				  regulations specified in the following areas:
(a) Accident reporting-
				  49 C.F.R.
				  §§
											171.15 and
				  171.16.
(b) Hazardous material employee training-
				  49 C.F.R. §§
											172.700 to
				  172.704,
				  inclusive.
(c) Hazardous material
				  shipper or carrier registration-
				  49
				  C.F.R. §§
											107.601 to
				  107.606, inclusive
				  (Subpart G).
(d) Marking and
				  labeling-
				  49
				  C.F.R. §§
											172.300 to
				  172.338,
				  inclusive, 172.400 to 172.407, inclusive, and 172.436 to 172.441, inclusive, of
				  Subpart E.
(e) Packaging-
				  49 C.F.R. §§
											173.1 to
				  173.13,
				  inclusive, 173.21 to 173.40, inclusive, and 173.401 to 173.477,
				  inclusive.
(f) Placarding-
				  49 C.F.R. §§
											172.500 to
				  172.560,
				  inclusive, and Appendices B and C.
(g) Security plans-
				  49 C.F.R. §§
											172.800 to
				  172.804,
				  inclusive.
(h) Shipping papers and
				  emergency information-
				  49
				  C.F.R. §§
											172.200 to
				  172.205,
				  inclusive, and 172.600 to 172.606, inclusive.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.182 - Exemptions for source materials

Current through June 11,
				  2024
1. Any person is
				  exempt from NAC
				  459.180 to
				  459.313, inclusive, to the extent
				  that he or she 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 0.05 percent of the mixture, compound, solution or
				  alloy.
2. Any person is exempt from
				  NAC 459.180 to
				  459.313, inclusive, to the extent
				  that he or she receives, possesses, uses or transfers unrefined and unprocessed
				  ore containing source material. Except as authorized in a specific license,
				  such a person may not refine or process such ore.
3. Any person is exempt from the requirements
				  for a license set forth in NAC
				  459.180 to
				  459.374, inclusive, and NAC
				  459.780 to
				  459.794, inclusive, to the extent
				  that he or she receives, possesses, uses or transfers any of the following:
(a) Any quantities of thorium contained in:
(1) Incandescent gas mantles;
(2) Vacuum tubes;
(3) Welding rods;
(4) Electric lamps for illuminating purposes
				  if each lamp does not contain more than 50 milligrams of thorium;
(5) Germicidal lamps, sunlamps and lamps for
				  outdoor or industrial lighting if each lamp does not contain more than 2 grams
				  of thorium;
(6) 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
(7) Personnel neutron dosimeters if each
				  dosimeter does not contain more than 50 milligrams of thorium.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.184 - Exemption for certain concentrations and quantities of radioactive material other than source material

Current through June 11,
				  2024
1. Except as
				  otherwise provided in subsection 3, any person is exempt from NAC
				  459.180 to
				  459.313, inclusive, and sections
				  7 to 27, inclusive,, to the extent that he or she receives, possesses, uses,
				  transfers, owns or acquires products or materials containing:
(a) Radioactive material in concentrations
				  not in excess of those listed in NAC
				  459.186; or
(b) Naturally occurring radioactive material
				  that contains less than 5 picocuries (0.185 becquerels) of radium-226 per gram
				  of material.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.190 - Miscellaneous exemptions: Certain timepieces, lock illuminators, precision balances, automobile shift quadrants, marine navigational instruments, ionization chamber smoke detectors, thermostats, electron tubes and ionizing radiation measuring instruments

Current through June 11,
				  2024
1. Except for
				  persons who apply radioactive material to, or persons who incorporate
				  radioactive material into, the following products, any person is exempt from
				  NAC 459.010 to
				  459.950, inclusive, and sections
				  4 to 28, inclusive to the extent that he or she receives, possesses, uses,
				  transfers, owns or acquires the following products:
(a) Timepieces, hands or dials containing not
				  more than the following specified quantities of radioactive material and not
				  exceeding the following specified levels of radiation:
(1) Twenty-five millicuries (925
				  megabecquerels) of tritium per timepiece.
(2) Five millicuries (185 megabecquerels) of
				  tritium per hand.
(3) Fifteen
				  millicuries (555 megabecquerels) of tritium per dial. If bezels are used, they
				  are considered part of the dial.
(4) One hundred microcuries (3.7
				  megabecquerels) of promethium-147 per watch or 200 microcuries (7.4
				  megabecquerels) of promethium-147 per other timepiece.
(5) Twenty microcuries (740 kilobecquerels)
				  of promethium-147 per watch hand or 40 microcuries (1.48 megabecquerels) of
				  promethium-147 per other timepiece hand.
(6) Sixty microcuries (2.22 megabecquerels)
				  of promethium-147 per watch dial or 120 microcuries (4.44 megabecquerels) of
				  promethium-147 per other timepiece dial. If bezels are used, they are
				  considered part of the dial.
(7)
				  Notwithstanding these quantities, the levels of radiation from hands and dials
				  containing promethium-147 or radium-226 must not exceed, when measured through
				  50 milligrams per square centimeter of absorber:
(I) For wrist watches, 0.1 millirad (1
				  microgray) per hour at 10 centimeters from any surface;
(II) For pocket watches, 0.1 millirad (1
				  microgray) per hour at 1 centimeter from any surface, also radium must not be
				  used for pocket watches; and
(III)
				  For any other timepiece, 0.2 millirad (2 micrograys) per hour at 10 centimeters
				  from any surface.
(8)
				  One microcurie (37 kilobecquerels) of radium-226 per timepiece in intact
				  timepieces manufactured before November 30, 2010.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.194 - Types of licenses

Current through June 11,
				  2024
Licenses for radioactive materials are of two
				  types:
1. General licenses which grant
				  authority to persons for certain activities involving radioactive materials and
				  are effective without the filing of applications with the Division or the
				  issuance of licensing documents to the particular persons, although the filing
				  of a certificate with the Division may be required by the particular general
				  license. Except as otherwise provided in the specific provisions of a general
				  license, including, without limitation, a provision concerning NAC 459.357, a
				  general license is subject to all other applicable portions of these
				  regulations and any limitations of the general license.
2. Specific licenses which are issued by the
				  Division to a named person who files an application for a license pursuant to
				  the provisions of NAC 459.180 to 459.313, inclusive. A specific license is
				  subject to all applicable portions of these regulations as well as any
				  limitations specified in the licensing document.
Bd. of Health, Radiation Control
				  Reg. §§ 3.3-3.3.1.2, eff. 2-28-80-NAC A by R085-06, 11-13-2006;
				  R149-07, 1-30-2008
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.195 - Application for license: Evaluation or emergency plan required for certain quantities of radioisotopes

Current through June 11,
				  2024
1. Except as
				  otherwise provided in this subsection, each application for a license to
				  possess radioactive materials in unsealed form, on foils, in plated sources or
				  sealed in glass in excess of the quantities specified in the table set forth in
				  NAC 459.1951 must contain:
(a) An evaluation
				  showing that the maximum dose a person not on the premises of the facility
				  where the radioactive material is located would receive due to a release of
				  radioactive materials would not exceed 1 rem effective dose equivalent or 5
				  rems to the thyroid; or
(b) An
				  emergency plan for responding to a release of radioactive material.
An
				  application for a license to possess a combination of radioactive materials
				  must include an emergency plan if, pursuant to the table set forth in NAC
				  459.1951, the sum of the ratios of the quantity of each radioactive material
				  for which the license is sought to the quantity listed for that material
				  exceeds one.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.1955 - Preparation for decommissioning: Plan for financing; financial assurance; records

Current through June 11,
				  2024
1. A plan for
				  financing decommissioning, as described in subsection 10, must be submitted by
				  each applicant for a license authorizing the possession and use of:
(a) Unsealed radioactive materials with a
				  half-life of more than 120 days in quantities that exceed
				  105 times the applicable quantities set forth in NAC
				  459.362; or
(b) The involvement of a combination of
				  radionuclides when R divided by 105 is greater than
				  1.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.196 - Issuance of specific licenses

Current through June 11,
				  2024
1. Upon a
				  determination that an application meets the requirements of chapter 459 of NRS
				  and the regulations of the Division, the Division will issue a specific license
				  authorizing the proposed activity in a form and containing such conditions and
				  limitations as it deems appropriate or necessary.
2. The Division may incorporate in any
				  license at the time of issuance and thereafter, by appropriate regulation or
				  order, additional requirements and conditions with respect to the licensee's
				  receipt, possession, use and transfer of radioactive material subject to NAC
				  459.180 to
				  459.313, inclusive, and sections
				  7 to 27, inclusive as it deems appropriate or necessary in order to:
(a) Minimize danger to public health and
				  safety or property;
(b) Require
				  such reports and the keeping of such records, and to provide for such
				  inspections of activities under the licenses as may be appropriate or
				  necessary; and
(c) Prevent loss or
				  theft of material subject to NAC
				  459.180 to
				  459.313, inclusive, and sections
				  7 to 27, inclusive,.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.197 - Specific licenses: Appointment of radiation safety officer required; exception

Current through June 11,
				  2024
1. In addition to
				  any other requirements for obtaining a specific license issued by the Division,
				  an applicant for a specific license must, except as otherwise provided in NAC
				  459.272, appoint a radiation
				  safety officer to implement and oversee a radiation safety program for the use
				  of radioactive material specified in the application for the specific
				  license.
2. Before a radiation
				  safety officer is appointed pursuant to subsection 1 or the licensee obtains
				  licensed radioactive material, whichever occurs later, the radiation safety
				  officer must satisfy the training and experience requirements set forth in NAC
				  459.3141 to 459.3154, inclusive, as applicable, and any other training deemed
				  by the Division to be necessary to minimize danger to the public health and
				  safety or property.
Added to NAC by Bd. of
				  Health by
				  R144-13A,
				  eff. 10/13/2016
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.198 - Terms and conditions of licenses

Current through June 11,
				  2024
1. Each license
				  issued pursuant to NAC
				  459.180 to
				  459.950, inclusive, and sections
				  7 to 28, inclusive, :
(a) Is subject to all
				  the provisions of chapter 459 of NRS, now or hereafter in effect, and to all
				  regulations and orders of the Division ;
(b) Except as otherwise provided in the
				  license, includes a right to receive, possess and utilize radioactive material;
				  and
(c) Is governed by the
				  provisions adopted pursuant to NAC
				  459.1997 with regard to the
				  preparation for shipment and transportation of radioactive material.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.1985 - Nationally tracked sources: Assignment of unique serial numbers

Current through June 11, 2024
Each
				  licensee who manufactures a nationally tracked source on or after January 30,
				  2008, shall assign a unique serial number to each nationally tracked source.
				  Each unique serial number must be composed only of alpha-numeric
				  characters.
Added to NAC by Bd. of Health by
				  R149-07, eff. 1-30-2008
NRS
				  459.201
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.199 - Nationally tracked sources: Reporting requirements; reconciliation of inventory with data in National Source Tracking System

Current through
				  June 11, 2024
1. Each
				  licensee who manufactures a nationally tracked source shall complete and submit
				  to the National Source Tracking System a National Source Tracking Transaction
				  Report which must include, without limitation:
(a) The name, address and license number of
				  the licensee;
(b) The name of the
				  person preparing the report;
(c)
				  The manufacturer, model number and serial number of the nationally tracked
				  source;
(d) The radioactive
				  material contained in the nationally tracked source;
(e) The initial source strength in becquerels
				  (curies) of the nationally tracked source at the time of manufacture;
				  and
(f) The date of manufacture of
				  the nationally tracked source.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 459.1997 - Adoption by reference and revision of certain provisions of federal regulations regarding packaging and transportation of radioactive material

Current through June 11, 2024
1. The provisions of
				  10 C.F.R. §§
										71.0(c),
				  71.1(a),
				  71.3,
				  71.4,
				  71.14(a),
				  71.15,
				  71.17,
				  71.21,
				  71.22,
				  71.23,
				  71.47,
				  71.83
				  to
				  71.89,
				  inclusive, 71.91(c), 71.91(d), 71.97, 71.101(a), 71.101(b), 71.101(c),
				  71.101(g), 71.103(a), 71.103(b), 71.105, 71.106, 71.127 to 71.137, inclusive,
				  and Appendix A to Part 71 are hereby adopted by reference, subject to the
				  following:
(a) The exclusion of the following
				  definitions from
				  10
				  C.F.R. §
											71.4:
(1) "Close reflection by water";
(2) "Licensed material";
(3) "Optimum interspersed hydrogenous
				  moderation";
(4) "Spent nuclear
				  fuel or spent fuel"; and
(5)
				  "State."