reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.12 - LABORATORIES › Subchapter 37.12.4 - Fees for Laboratory Analyses › Rule 37.12.401 - LABORATORY FEES FOR ANALYSES

Current through Register Vol. 13, July 5, 2024
(1) Fees for
				clinical and environmental analyses performed by the laboratory of the
				department are set to reflect the actual costs of the tests and services
				provided.
(2) The department will
				maintain a list of all tests available from the lab and the price of each test.
				The department adopts and incorporates by reference the Public Health
				Laboratory Testing Fee Schedule and the Environmental Laboratory Testing Fee
				Schedule effective December 1, 2023, which are available on the web site of the
				Department of Public Health and Human Services at
https://dphhs.mt.gov/publichealth/LaboratoryServices/index
,
				and by mail upon request to the lab at the Department of Public Health and
				Human Services, Public Health and Safety Division, P.O. Box 6489, Helena, MT
				59604-6489.
(3) The fee for a
				specific lab test will be lowered by the department to a level not exceeding
				the cost to the department of the test in question whenever a change of
				analysis method warrants lower fees.
(4) Fees for analyses other than those listed
				will be established at the level of comparable analyses.
AUTH:
					 50-1-202, MCA; IMP:
					 50-1-202, MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.12 - LABORATORIES › Subchapter 37.12.6 - Premarital Serological Tests › Rule 37.12.601 - CERTIFICATE FORM (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 40-1-206, MCA; IMP:
					 40-1-203,
					 40-1-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.12 - LABORATORIES › Subchapter 37.12.6 - Premarital Serological Tests › Rule 37.12.603 - PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 40-1-206, MCA; IMP:
					 40-1-203,
					 40-1-204,
					 40-1-206,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.12 - LABORATORIES › Subchapter 37.12.6 - Premarital Serological Tests › Rule 37.12.608 - EXEMPTIONS FROM REQUIREMENT FOR SEROLOGICAL TESTING (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 40-1-206, MCA; IMP:
					 40-1-206,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.12 - LABORATORIES › Subchapter 37.12.8 - Prenatal Care Serological Tests › Rule 37.12.801 - APPROVED TESTS

Current through Register Vol. 13, July 5, 2024
(1) The approved
				tests shall include a standard serological test for syphilis, rubella immunity,
				and blood group including O, A, B, AB, and Rho(D).
Sec.
					 50-19-101,
					 MCA; IMP, Sec.
					 50-19-101,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.12 - LABORATORIES › Subchapter 37.12.8 - Prenatal Care Serological Tests › Rule 37.12.802 - APPROVED LABORATORY

Current through Register Vol. 13, July 5, 2024
(1) The required
				prenatal tests shall be done in a laboratory approved by the department of
				public health and human services.
Sec.
					 50-19-104,
					 MCA; IMP, Sec.
					 50-19-104,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.1 - General Provisions › Rule 37.14.101 - POLICY

Current through Register Vol. 13, July 5, 2024
(1) Except as otherwise specifically
				provided, this chapter applies to all persons who receive, possess, use,
				transfer, own or acquire any source of radiation; provided, however, that
				nothing in these rules shall apply to any person to the extent such person is
				subject to regulation by the United States nuclear regulatory commission.
				Regulation by Montana of source material, byproduct material, and special
				nuclear material in quantities not sufficient to form a critical mass is
				subject to the provisions of the agreement between Montana and the United
				States nuclear regulatory commission and to 10 CFR Part 150 of its
				regulations.
Sec.
					 75-3-201,
					 MCA; IMP, Sec.
					 75-3-201,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.1 - General Provisions › Rule 37.14.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this chapter, these terms have the definitions set
				  forth below. Additional definitions used only in a certain subchapter will be
				  found in that subchapter.
(1)
				"Accelerator-produced material" means any material made radioactive by a
				particle accelerator.
(2) "Act"
				means Title 75, chapter 3, MCA.
(3)
				"Agreement state" means any state with which the US nuclear regulatory
				commission or the US atomic energy commission has entered into an effective
				agreement under subsection 274b. of the Atomic Energy Act of 1954, as amended
				(73 Stat. 689).
(4) "Airborne
				radioactive material" means any radioactive material dispersed in the air in
				the forms of dusts, fumes, mists, vapors, or gases.
(5) "Airborne radioactivity area" means:
(a) any room, enclosure, or operating area in
				which airborne radioactive material exists in concentrations in excess of the
				amounts specified in Appendix A, Table I, Column 1, of subchapter 7;
				or
(b) any room, enclosure, or
				operating area in which airborne radioactive material exists in concentrations
				which, averaged over the number of hours in any week during which individuals
				are in the area, exceed 25% of the amounts specified in Appendix A, Table I,
				Column 1 of subchapter 7.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.1 - General Provisions › Rule 37.14.106 - EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) The department may, upon application
				therefor or upon its own initiative, grant such exemptions or exceptions from
				the requirements of this chapter as it determines are authorized by law and
				will not result in undue hazard to public health and safety or
				property.
(2) Common and contract
				carriers, freight forwarders, and warehousemen, who are subject to the rules
				and regulations of the US department of transportation or the US postal service
				(39 CFR Parts 14 and 15), are exempt from this chapter 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 US department of transportation are exempt
				from this chapter 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 US department of transportation or the US postal service are
				subject to the applicable rules of this chapter.
(3) Any US department of energy contractor or
				subcontractor and any US nuclear regulatory commission contractor or
				subcontractor of the following categories operating within Montana is exempt
				from this chapter to the extent that such contractor or subcontractor under his
				contract receives, possesses, uses, transfers or acquires sources of radiation:
(a) prime contractors performing work for the
				US department of energy at US 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;
(b) prime
				contractors of the US department of energy performing research in, or
				development, manufacture, storage, testing or transportation of, atomic weapons
				or components thereof;
(c) prime
				contractors of the US department of energy using or operating nuclear reactors
				or other nuclear devices in a United States government-owned vehicle or vessel;
				and
(d) any other prime contractor
				or subcontractor of the US department of energy or of the US nuclear regulatory
				commission when the department and the 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.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.1 - General Provisions › Rule 37.14.107 - RECORDS

Current through Register Vol. 13, July 5, 2024
(1) 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 this
				chapter.
Sec.
					 75-3-201 and
					 75-3-204,
					 MCA; IMP, Sec.
					 75-3-201 and
					 75-3-204,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.1 - General Provisions › Rule 37.14.108 - INSPECTIONS

Current through Register Vol. 13, July 5, 2024
(1) Each licensee and registrant shall afford
				the department at all reasonable times opportunity to inspect sources of
				radiation and the premises and facilities wherein such sources of radiation are
				used or stored.
(2) Each licensee
				and registrant shall make available to the department for inspection, upon
				reasonable notice, records maintained pursuant to this chapter.
Sec.
					 75-3-201 and
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-107,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.1 - General Provisions › Rule 37.14.115 - TESTS

Current through Register Vol. 13, July 5, 2024
(1) Each licensee and registrant shall
				perform upon instructions from the department, or shall permit the department
				to perform, such reasonable tests as the department 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.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.1 - General Provisions › Rule 37.14.116 - PROHIBITED USES

Current through Register Vol. 13, July 5, 2024
(1) No person may
				use hand-held fluoroscopic screens or shoe-fitting fluoroscopic
				devices.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-204,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.3 - Registration of Radiation Machine Facilities › Rule 37.14.301 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) This subchapter provides for the
				registration of radiation machine facilities.
(2) In addition to the requirements of this
				subchapter, all registrants are subject to the applicable provisions of other
				rules of this chapter.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.3 - Registration of Radiation Machine Facilities › Rule 37.14.302 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) For purposes of this subchapter
				"facility" means the location at which 1 or more devices or sources are
				installed and/or located within 1 building, vehicle, or under 1 roof and are
				under the same administrative control.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.3 - Registration of Radiation Machine Facilities › Rule 37.14.306 - EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) Electronic equipment that produces
				radiation incidental to its operation for other purposes is exempt from the
				registration and notification requirements of this subchapter, providing 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 such equipment. The
				production, testing, or factory servicing or such equipment shall not be
				exempt.
(2) Radiation machines
				while in transit or storage incident thereto are exempt from the requirements
				of this subchapter.
(3) Domestic
				television receivers are exempt from the requirements of this
				subchapter.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.3 - Registration of Radiation Machine Facilities › Rule 37.14.307 - REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) The owner or person having possession of
				any radiation machine shall:
(a) Register
				such machine with the department within 30 days following the effective date of
				this chapter or after acquisition of such machine and prior to its use.
				Registration shall be on forms available from the department.
(b) Designate an individual who will be
				responsible for radiation protection for the machine. Such individuals shall:
(i) be qualified by training and experience
				concerning all hazards and precautions involved in operating the machine for
				which he is responsible;
(ii) upon
				request by the department provide a detailed program of radiation safety for
				effective compliance with the applicable requirements of this
				chapter;
(iii) give instructions
				concerning hazards and safety practices to individuals who may be
				occupationally exposed to radiation from the machine; and
(iv) make surveys and carry out other
				procedures as required by this chapter.
(c) When, in the opinion of the department,
				the individual designated to be responsible for radiation safety does not have
				qualifications sufficient to insure such safety, the department may order the
				registrant to designate another individual who meets the requirements of this
				subsection.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.3 - Registration of Radiation Machine Facilities › Rule 37.14.315 - OUT-OF-STATE RADIATION MACHINES

Current through Register Vol. 13, July 5, 2024
(1)
				Whenever any radiation machine is to be brought into Montana, for any temporary
				use, the person proposing to bring such machine into Montana shall give written
				notice to the department at least 2 working days before such machine is to be
				used in Montana. The notice shall include:
(a) the type of radiation machine;
(b) the nature, duration, and scope of use;
				and
(c) the exact location(s) where
				the radiation machine is to be used.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.501 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) This subchapter provides for the
				licensing of radioactive material. No person shall receive, possess, use,
				transfer, or acquire radioactive material except as authorized in a specific or
				general license issued pursuant to this subchapter or as otherwise provided in
				this subchapter.
(2) In addition to
				the requirements of this subchapter, all licensees are subject to the
				requirements of ARM Title 37, chapter 14, subchapters 1, 7 and 17. Licensees
				engaged in industrial radiographic operations are subject to the requirements
				of ARM Title 37, chapter 14, subchapter 8, and licensees using sealed sources
				in the healing arts are subject to the requirements of ARM Title 37, chapter
				14, subchapter 11.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202 and
					 75-3-404,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.505 - EXEMPTIONS: SOURCE MATERIAL

Current through Register Vol. 13, July 5, 2024
(1) Any person
				is exempt from this subchapter to the extent that such person receives,
				possesses, uses, 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% (0.05%) of the mixture, compound, solution, or alloy.
(2) Any person is exempt from this subchapter
				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.
(3) Any person is exempt
				from this subchapter to the extent that such person receives, possesses, uses,
				or transfers:
(a) 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% 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;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.506 - EXEMPTIONS: RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL

Current through Register Vol. 13, July 5, 2024
(1)
(a)
				Except as provided in (b) below, any person is exempt from this subchapter to
				the extent that such person receives, possesses, uses, transfers, or acquires
				products or materials containing radioactive material in concentrations not in
				excess of those listed in Schedule A of this subchapter, with the exception of
				radium 226 for which the exempt concentration is 5 x
				10-6 mCi/ml (u Ci/gm).
(b) 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 (a) above or equivalent regulations
				of the US nuclear regulatory commission, any agreement state or licensing
				state, except in accordance with a specific license issued pursuant to ARM
				37.14.542(1) or
				the general license provided in ARM
				37.14.551.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.510 - LICENSES: TYPES OF LICENSES

Current through Register Vol. 13, July 5, 2024
(1) Licenses for
				radioactive materials are of 2 types: general and specific. General licenses
				provided in this subchapter are effective without the filing of applications
				with the department or the issuance of licensing documents to the particular
				persons, although the filing of a certificate with the department may be
				required by the particular general license. The general license is subject to
				all other applicable portions of this chapter and any limitations of the
				general license.
(2) Specific
				licenses require the submission of an application to the department and the
				issuance of a licensing document by the department. The licensee is subject to
				all applicable portions of this chapter as well as any limitations specified in
				the licensing document.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.511 - GENERAL LICENSES: SOURCE MATERIAL

Current through Register Vol. 13, July 5, 2024
(1)
				A general license is hereby issued authorizing use and transfer of not more
				than 15 pounds of source material at any 1 time by persons in the following
				categories:
(a) Pharmacists using the source
				material solely for the compounding of medicinals.
(b) Physicians using the source material for
				medicinal purposes.
(c) Persons
				receiving possession of source material from pharmacists and physicians in the
				form of medicinals or drugs.
(d)
				Commercial and industrial firms, and research, educational, and medical
				institutions, and state and local governmental agencies for research,
				development, educational, commercial or operational purposes.
(e) And provided, that no such person shall,
				pursuant to this general license, receive more than a total of 150 pounds of
				source material in any 1 calendar year.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.512 - GENERAL LICENSES: RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL

Current through Register Vol. 13, July 5, 2024
(1) A general license is hereby issued to
				transfer, receive, acquire, 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 US nuclear regulatory commission for use pursuant to 10 CFR
				Part 31, section 31.3. This general license is subject to the provisions of ARM
				37.14.107,
				37.14.108,
				37.14.115,
				37.14.116,
				37.14.506(1) (b),
				37.14.526,
				37.14.547,
				37.14.550,
				37.14.552, and Title 37, chapter
				14, subchapters 7 and 17.
(a) 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.
(b) 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.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.513 - GENERAL LICENSES: INTRASTATE TRANSPORTATION OF RADIOACTIVE MATERIAL

Current through Register Vol. 13, July 5, 2024
(1) A general license is hereby issued to any
				common or contract carrier to transport and store radioactive material in the
				regular course of their carriage for another or storage incident thereto,
				provided the transportation and storage is in accordance with the applicable
				requirements of the regulations, appropriate to the mode of transport, of the
				US department of transportation insofar as such regulations relate to the
				loading and storage of packages, placarding of the transporting vehicle, and
				incident reporting. Any notification of incidents referred to in those
				requirements shall be filed with, or made to, the department. Persons who
				transport and store radioactive material pursuant to the general license in
				this subsection are exempt from the requirements of ARM Title 37, chapter 14,
				subchapters 7 and 17.
(2) A general
				license is hereby issued to any private carrier to transport radioactive
				material, provided the transportation is in accordance with the applicable
				requirements of the regulations, appropriate to the mode of transport, of the
				US department of transportation insofar as such regulations relate to the
				loading and storage of packages, placarding of the transporting vehicle, and
				incident reporting. Any notification of incidents referred to in those
				requirements shall be filed with, or made to, the department.
(a) Persons who transport radioactive
				material pursuant to the general license in (2) are exempt from the
				requirements of ARM Title 37, chapter 14, subchapters 7 and 17, to the extent
				that they transport radioactive material.
(b) Physicians, as defined in ARM
				37.14.102 are exempt from the
				requirements of (2) to the extent that they transport radioactive material for
				use in the practice of medicine.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.520 - SPECIFIC LICENSES: FILING APPLICATION FOR SPECIFIC LICENSES

Current through Register Vol. 13, July 5, 2024
(1) Applications for specific licenses shall
				be filed on a form prescribed by the department.
(2) The department 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 department to determine
				whether the application should be granted or denied or whether a license should
				be modified or revoked.
(3) Each
				application shall be signed by the applicant or licensee or a person duly
				authorized to act for and on his behalf.
(4) An application for a license may include
				a request for a license authorizing 1 or more activities.
(5) In his application, the applicant may
				incorporate by reference information contained in previous applications,
				statements, or reports filed with the department provided such references are
				clear and specific.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.521 - SPECIFIC LICENSES: GENERAL REQUIREMENTS FOR THE ISSUANCE OF SPECIFIC LICENSES

Current through Register Vol. 13, July 5, 2024
A license application will be approved if the department
				  determines that:
(1) the applicant is
				qualified by reason of training and experience to use the material in question
				for the purpose requested in accordance with this chapter in such a manner as
				to minimize danger to public health and safety or property;
(2) the applicant's proposed equipment,
				facilities, and procedures are adequate to minimize danger to public health and
				safety or property;
(3) the
				issuance of the license will not be inimical to the health and safety of the
				public; and
(4) the applicant
				satisfies any applicable special requirements in ARM
				37.14.540,
				37.14.541, or
				37.14.542.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.522 - SPECIFIC LICENSES: ISSUANCE OF

Current through Register Vol. 13, July 5, 2024
(1) Upon
				a determination that an application meets the requirements of the act and the
				rules of the department, the department will issue a specific license
				authorizing the proposed activity in such form and containing such conditions
				and limitations as it deems appropriate or necessary.
(2) The department may incorporate in any
				license at the time of issuance, or thereafter by appropriate rule, regulation,
				or order, such additional requirements and conditions with respect to the
				licensee's receipt, possession, use, and transfer of radioactive material
				subject to this subchapter 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 license as may be appropriate or necessary;
				and
(c) prevent loss or theft of
				material subject to this subchapter.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.526 - SPECIFIC LICENSES: SPECIFIC TERMS AND CONDITIONS OF LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Each license issued pursuant to this
				subchapter shall be subject to all the provisions of the act, now or hereafter
				in effect, and to all rules, regulations, and orders of the
				department.
(2) No license issued
				or granted under this subchapter and no right to possess or utilize radioactive
				material granted by any license issued pursuant to this subchapter shall be
				transferred, assigned, or in any manner disposed of, either voluntarily or
				involuntarily, directly or indirectly, through transfer of control of any
				license to any person unless the department shall, after securing full
				information find that the transfer is in accordance with the provisions of the
				act, and shall give its consent in writing.
(3) Each person licensed by the department
				pursuant to this subchapter shall confine his use and possession of the
				material licensed to the locations and purposes authorized in the
				license.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.527 - SPECIFIC LICENSES: EXPIRATION OF LICENSES

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in ARM
				37.14.528(2),
				each specific license shall expire at the end of the day, in the month and year
				stated therein.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.528 - SPECIFIC LICENSES: RENEWAL OF LICENSE

Current through Register Vol. 13, July 5, 2024
(1)
				Applications for renewal of specific licenses shall be filed in accordance with
				ARM 37.14.520.
(2) In any case in which a licensee, not less
				than 30 days prior to expiration of his existing license, has filed an
				application in proper form for renewal or for a new license authorizing the
				same activities, such existing license shall not expire until the application
				has been finally determined by the department.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.529 - SPECIFIC LICENSES: AMENDMENT OF LICENSES AT REQUEST OF LICENSEE

Current through Register Vol. 13, July 5, 2024
(1) Applications for amendment of a license
				shall be filed in accordance with ARM
				37.14.520 and shall specify the
				respects in which the licensee desires his license to be amended and the
				grounds for such amendment.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.535 - SPECIFIC LICENSES: DEPARTMENT ACTION ON APPLICATIONS TO RENEW AND AMEND

Current through Register Vol. 13, July 5, 2024
(1) In considering an application by a
				licensee to renew or amend his license, the department will apply the criteria
				set forth in ARM
				37.14.521,
				37.14.540,
				37.14.541 or
				37.14.542, as
				applicable.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.540 - SPECIFIC LICENSES: SPECIAL REQUIREMENTS FOR ISSUANCE OF CERTAIN SPECIFIC LICENSES FOR RADIOACTIVE MATERIAL

Current through Register Vol. 13, July 5, 2024
(1) In
				addition to the requirements set forth in ARM
				37.14.521, a specific license for
				human use of radioactive material in institutions will be issued if:
(a) the applicant has appointed a medical
				isotopes committee of at least 3 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;
(b) the applicant possesses adequate
				facilities for the clinical care of patients;
(c) 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
(d) if 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.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.541 - SPECIFIC LICENSES: SPECIAL REQUIREMENTS FOR SPECIFIC LICENSES OF BROAD SCOPE

Current through Register Vol. 13, July 5, 2024
(1) This rule
				prescribes requirements for the issuance of specific licenses of broad scope
				for radioactive material ("broad licenses") and certain rules governing holders
				of such licenses. Authority to transfer possession of control by the
				manufacturer, processor, or producer of any equipment, device, commodity, or
				other product containing by-product material whose subsequent possession, use,
				transfer, and disposal by all other persons are exempted from regulatory
				requirements may be obtained only from the US Nuclear Regulatory Commission,
				Washington, DC 20555.
(2) The
				different types of broad licenses are set forth below:
(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 purposes. The quantities specified are usually in
				the multi-curie range.
(b) A "Type
				B specific license of broad scope" is a specific license authorizing receipt,
				acquisition, ownership, possession, use and transfer of any chemical or
				physical form of radioactive material specified in Schedule D of this
				subchapter, for any authorized purposes. The possession limit for a Type B
				broad license, if only 1 radionuclide is possessed thereunder, is the quantity
				specified for that radionuclide in Schedule D, Column I. If 2 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, Column
				I, for that radionuclide. The sum of the ratios for all radionuclides possessed
				under the license shall not exceed unity.
(c) A "Type C specific license of broad
				scope" is a specific license authorizing receipt, acquisition, ownership,
				possession, use and transfer of any chemical or physical form of radioactive
				material specified in Schedule D of this subchapter, for any authorized
				purpose. The possession limit for a Type C broad license, if only 1
				radionuclide is possessed thereunder, is the quantity specified for that
				radionuclide in Schedule D, Column II. If 2 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, Column II for that radionuclide. The sum of
				the ratios for all radionuclides possessed under the license shall not exceed
				unity.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.542 - SPECIFIC LICENSES: SPECIAL REQUIREMENTS FOR A SPECIFIC LICENSE TO MANUFACTURE, ASSEMBLE, REPAIR, OR DISTRIBUTE COMMODITIES, PRODUCTS, OR DEVICES WHICH CONTAIN RADIOACTIVE MATERIAL

Current through Register Vol. 13, July 5, 2024
(1)
(a) In addition to the requirements set forth
				in ARM 37.14.521, a specific license
				authorizing the introduction of radioactive material into a product or material
				owned by or in the possession of the licensee or another to be transferred to
				persons exempt under ARM
				37.14.506(1) (b) 
				will be issued if:
(i) the applicant submits
				a description of the product or material into which the radioactive material
				will be introduced, intended use of the radioactive material and the product or
				material into which it is introduced, method of introduction, initial
				concentration of the radioactive material in the product or material, control
				methods to assure that no more than the specified concentration is introduced
				into the product or material, estimated time interval between introduction and
				transfer of the product or material, and estimated concentration of the
				radioactive material in the product or material at the time of transfer;
				and
(ii) the applicant provides
				reasonable assurance that the concentrations of radioactive material at the
				time of transfer will not exceed the concentrations in Schedule A of this
				subchapter, that reconcentrating of the radioactive material in concentrations
				exceeding those in Schedule A is not likely, that use of lower concentrations
				is not feasible, and that the product or material is not likely to be
				incorporated in any food, beverage, cosmetic, drug or other commodity or
				product designed for ingestion or inhalation by, or application to, a human
				being.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.543 - SPECIFIC LICENSES: PERSONS POSSESSING A LICENSE FOR SOURCE, BYPRODUCT, OR SPECIAL NUCLEAR MATERIAL IN QUANTITIES NOT SUFFICIENT TO FORM A CRITICAL MASS

Current through Register Vol. 13, July 5, 2024
(1) Any person who,
				on the effective date of this chapter, possesses a general or specific license
				for source, byproduct, or special nuclear material in quantities not sufficient
				to form a critical mass, issued by the US nuclear regulatory commission, shall
				be deemed to possess a like license issued under this subchapter and the act,
				such license to expire either 90 days after receipt from the department of a
				notice of expiration of such license, or on the date of expiration specified in
				the US nuclear regulatory commission license, whichever is earlier.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.546 - EXISTING SPECIFIC LICENSES: NARM

Current through Register Vol. 13, July 5, 2024
(1) Any
				person who, on the effective date of this chapter, possesses NARM for which a
				specific license is required by the act or this subchapter shall be deemed to
				possess such a license issued under the act and this subchapter. Such license
				shall expire 90 days after the effective date of this chapter; provided,
				however, that if within the 90 days the person possessing such material files
				an application in proper form for a license, such existing license shall not
				expire until the application has been finally determined by the
				department.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.547 - SPECIFIC LICENSES: TRANSFER OF MATERIAL

Current through Register Vol. 13, July 5, 2024
(1) No licensee shall transfer radioactive
				material except as authorized pursuant to this rule.
(2) Except as otherwise provided in his
				license and subject to the provisions of (3) and (4) of this rule, any licensee
				may transfer radioactive material:
(a) to the
				department. A licensee may transfer material to the department only after
				receiving prior approval from the department;
(b) to the US department of energy;
(c) to any person exempt from the provisions
				of this subchapter to the extent permitted under such exemption;
(d) to any person authorized to receive such
				material under terms of a general license or its equivalent, or a specific
				license or equivalent licensing document, issued by the department, the US
				nuclear regulatory commission, any agreement state or any licensing state, or
				to any person otherwise authorized to receive such material by the federal
				government or any agency thereof, the department, any agreement state or any
				licensing state; or
(e) as
				otherwise authorized by the department in writing.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.550 - SPECIFIC LICENSES: MODIFICATION, REVOCATION, AND TERMINATION

Current through Register Vol. 13, July 5, 2024
(1) The terms and conditions of all licenses
				shall be subject to amendment, revision, or modification or the license may be
				suspended or revoked by reason of amendments to the act, or by reason of rules
				and orders issued by the department.
(2) Any license may be revoked, suspended, or
				modified, in whole or in part, for any material false statement in the
				application or any statement of fact required under provisions of the act, or
				because of conditions revealed by such application or statement of fact or any
				report, record, or inspection or other means which would warrant the department
				to refuse to grant a license on an original application, or for violation of,
				or failure to observe any of the terms and conditions of the act, or of the
				license, or of any rule or order of the department.
(3) Except in cases of willfulness or those
				in which the public health, interest or safety requires otherwise, no license
				shall be modified, suspended, or revoked unless, prior to the institution of
				proceedings therefor, facts or conduct which may warrant such action shall have
				been called to the attention of the licensee in writing and the licensee shall
				have been afforded an opportunity to demonstrate or achieve compliance with all
				lawful requirements.
(4) The
				department may terminate a specific license upon request submitted by the
				licensee to the department in writing.
Sec.
					 75-3-202,
					 MCA; IMP, Sec.
					 75-3-202,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.551 - RECIPROCITY

Current through Register Vol. 13, July 5, 2024
(1) Subject to this chapter, any person who
				holds a specific license from the US nuclear regulatory commission or any
				agreement state or licensing state, and issued by the agency having
				jurisdiction where the licensee maintains an office for directing the licensed
				activity and at which radiation safety records are normally maintained, is
				hereby granted a general license to conduct the activities authorized in such
				licensing document within this state for a period not in excess of 180 days in
				any calendar year provided that:
(a) the
				licensing document does not limit the activity authorized by such document to
				specified installations or locations;
(b) the out-of-state licensee notifies the
				department in writing at least 3 days prior to engaging in such activity. Such
				notification shall indicate the location, period, and type of proposed
				possession and use within the state, and shall be accompanied by a copy of the
				pertinent licensing document. If, for a specific case, the 3-day period would
				impose an undue hardship on the out-of-state licensee, he may, upon application
				to the department, obtain permission to proceed sooner. The department may
				waive the requirement for filing additional written notifications during the
				remainder of the calendar year following the receipt of the initial
				notification from a person engaging in activities under the general license
				provided in (1).
(c) the
				out-of-state licensee complies with all applicable rules of the department and
				with all the terms and conditions of his licensing document, except any such
				terms and conditions which may be inconsistent with applicable rules of the
				department;
(d) the out-of-state
				licensee supplies such other information as the department may request;
				and
(e) the out-of-state licensee
				shall not transfer or dispose of radioactive material possessed or used under
				the general license provided in (1) except by transfer to a person:
(i) specifically licensed by the department
				or by the US nuclear regulatory commission to receive such material,
				or
(ii) exempt from the
				requirements for a license for such material under ARM
				37.14.506(1).
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.14 - RADIATION CONTROL › Subchapter 37.14.5 - Licensing of Radioactive Material › Rule 37.14.552 - TRANSPORTATION: PREPARATION OF MATERIAL

Current through Register Vol. 13, July 5, 2024
(1) For
				the purposes of this rule, a licensee who transports his own licensed material
				as a private carrier is considered to have delivered such material to a carrier
				for transport.
(2) No licensee
				shall deliver any radioactive material to a carrier for transport, unless:
(a) the licensee complies with the applicable
				requirements of the regulations, appropriate to the mode of transport, of the
				US department of transportation insofar as such regulations relate to the
				packaging of radioactive material, and to the monitoring, marking and labeling
				of those packages;
(b) the licensee
				has established procedures for opening and closing packages in which
				radioactive material is transported to provide safety and to assure that, prior
				to the delivery to a carrier for transport, each package is properly closed for
				transport; and
(c) prior to
				delivery of a package to a carrier for transport, the licensee shall assure
				that any special instructions needed to safely open the package are sent to or
				have been available to the consignee.