reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0100 - GENERAL PROVISIONS › Section 15 .0106 - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency may,
				upon application therefore, grant individual exemptions or exceptions from the
				requirements of these Rules if it will not result in radiation dose or
				contamination in excess of the limits prescribed in these Rules for the
				protection of public health, safety or property.
(b) Except as otherwise provided in this
				Rule, common and contract or other carriers, freight forwarders, and
				warehousemen, who are subject to the regulations of the U.S. Postal Service (39
				CFR Parts 14 and 15), are exempt from these Rules to the extent that they
				transport or store sources of radiation in the regular course of their carriage
				for another or storage incident thereto. Common, contract, or other carriers
				who are not exempt pursuant to this Rule are subject to the provisions of
				Rule.0316 of this Chapter. Notwithstanding these exemptions, common, contract
				or other carriers are required to comply with the provisions of Rule.0316(c) of
				this Chapter to the extent that these carriers are transporting spent nuclear
				fuel, as defined in Rule.0316(c) of this Chapter, upon the highways of North
				Carolina.
(c) Any U.S. Department
				of Energy contractor or subcontractor and any U.S. Nuclear Regulatory
				Commission contractor or subcontractor of the following categories operating
				within this state is exempt from these Rules to the extent that the contractor
				or subcontractor under his contract receives, possesses, uses, transfers or
				acquires sources of radiation:
(1) prime
				contractors performing work for the U.S. Department of Energy at U.S.
				government-owned or controlled sites, including the transportation of sources
				of radiation to or from such sites and the performance of contract services
				during temporary interruptions of such transportation;
(2) prime contractors of the U.S. Department
				of Energy performing research in, or development, manufacture, storage, testing
				or transportation of, atomic weapons or components thereof;
(3) prime contractors of the U.S. Department
				of Energy using or operating nuclear reactors or other nuclear devices in a
				United States government-owned vehicle or vessel; and
(4) any other prime contractor or
				subcontractor of the U.S. Department of Energy or of the U.S. Nuclear
				Regulatory Commission when the agency and the U.S. Nuclear Regulatory
				Commission jointly determine that:
(A) the
				exemption of the prime contractor or subcontractor in Subparagraph (c)(4) of
				this Rule is authorized by law, and
(B) 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.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0100 - GENERAL PROVISIONS › Section 15 .0107 - INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Each licensee and registrant shall, upon reasonable notice,
				  make available to the agency for inspection records maintained pursuant to
				  provisions of these Rules.
Authority
				  G.S.
				  104E-7;
				  104E-11(a);
Eff. February 1, 1980;
Amended Eff. November 1, 1989;
Transferred and Recodified from
				  10 NCAC
				  03G.2207 Eff. January 4, 1990;
Amended Eff. May 1, 1993'
Transferred and Recodified from
				  15A NCAC
				  11.0107 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0100 - GENERAL PROVISIONS › Section 15 .0108 - ADDITIONAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency may,
				by license condition, registration condition, or order, when not in conflict
				with any law, waive any requirement in these Rules or impose additional
				requirements in accordance with 46 FR 7540 as it deems appropriate or necessary
				to minimize danger to public health, safety or property. Such additional
				requirements are subject to appeal procedures contained in Section
				15A NCAC
				01B.0200.
(b) The Commission may by rule require
				radioactive material licensees to procure and file with the department such
				bond, insurance or other security as the Commission deems necessary to protect
				the state from costs for emergency response and perpetual
				maintenance.
Authority
				  G.S.
				  104E-7;
				  104E-18; 10 C.F.R. Chapter 1,
				  Commission Notices, Policy Statements, Agreement States, 46 F.R.
				  7540;
Eff. February 1, 1980;
Transferred and Recodified
				  from 10
				  NCAC 03G.2208 Eff. January 4,
				  1990;
Amended Eff. June 1, 1993;
Transferred and
				  Recodified from
				  15A NCAC
				  11.0108 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0100 - GENERAL PROVISIONS › Section 15 .0109 - IMPOUNDING

Current through Register Vol. 39, No. 2, July 15, 2024
Sources of radiation are subject to impounding by authorized
				  representatives of the agency pursuant to provisions of the
				  Act.
Authority
				  G.S.
				  104E-14;
Eff. February 1,
				  1980;
Transferred and Recodified from
				  10 NCAC
				  03G.2210 Eff. January 4, 1990;
Transferred and Recodified from
				  15A NCAC
				  11.0109 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0100 - GENERAL PROVISIONS › Section 15 .0110 - PROHIBITED USES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Hand-held
				fluoroscopic screens shall not be used.
(b) Shoe-fitting fluoroscopic devices shall
				not be used.
(c) Effective February
				1, 1981, plastic pointed position indicating devices on intraoral dental
				systems shall not be used.
(d)
				Effective February 1, 1983, mechanical timers on intraoral dental machines
				shall not be used.
(e) Dental
				fluoroscopy without image intensification shall not be used.
(f) Non-intensified photofluorographic
				equipment shall not be used.
Authority
				  G.S.
				  104E-7;
Eff. February 1,
				  1980;
Amended Eff. June 1, 1989;
Transferred and
				  Recodified from
				  10 NCAC
				  03G.2211 Eff. January 4, 1990;
Transferred and Recodified from
				  15A NCAC
				  11.0110 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0100 - GENERAL PROVISIONS › Section 15 .0111 - COMMUNICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as
				provided in Paragraph (b) of this Rule, all communications and reports
				concerning these Rules and applications filed thereunder shall be mailed to the
				agency at Radiation Protection Section, 1645 Mail Service Center, Raleigh,
				North Carolina 27699-1600 or delivered to the agency at its office located at
				5505 Creedmoor Road, Suite 100, Raleigh, North Carolina 27612.
(b) Except as specifically instructed
				otherwise by the agency, immediate telephone notification and reports required
				by the rules in this Chapter shall be directed to (919) 814-2250 from 8:00 a.m.
				to 5:30 p.m. on business days.
Authority
				  G.S.
				  104E-7;
Eff. February 1,
				  1980;
Amended Eff. June 1, 1989;
Transferred and
				  Recodified from
				  10 NCAC
				  03G.2212 Eff. January 4, 1990;
Amended Eff. August 1, 2002; April 1, 1999; May 1, 1993; May 1,
				  1992;
Transferred and Recodified from
				  15A NCAC
				  11.0805 Eff. February 1, 2015;
Amended Eff. January 1, 2016;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. June 22,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0100 - GENERAL PROVISIONS › Section 15 .0112 - DESIGNATION OF AUTHORIZED REPRESENTATIVE OF THE AGENCY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When an employee of the agency is
				qualified and is specifically designated by the agency, the employee shall be
				an authorized representative of the agency to conduct inspections, or tests, or
				surveys.
(b) When a public employee
				of other than the agency is determined by the agency to be qualified, the
				agency may designate the employee as an authorized representative of the agency
				to conduct specified inspections, or tests, or surveys.
Authority
				  G.S.
				  104E-7;
Eff. February 1,
				  1980;
Amended Eff. November 1, 1989;
Transferred and
				  Recodified from
				  10 NCAC
				  03G.2213 Eff. January 4, 1990;
Transferred and Recodified from
				  15A NCAC
				  11.0112 Eff. February 1, 2015;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. June 22,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0100 - GENERAL PROVISIONS › Section 15 .0113 - REPEALED - CLASSIFICATION OF RADIOACTIVE MATERIAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  104E-15;
Eff. February 1,
				  1980;
Amended Eff. June 1, 1989;
Transferred and
				  Recodified from
				  10 NCAC
				  03G.2214 Eff. January 4, 1990;
Amended Eff. May 1, 1993;
Transferred and Recodified from
				  15A NCAC
				  11.0113 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0100 - GENERAL PROVISIONS › Section 15 .0114 - TESTS FOR SPECIAL FORM

Current through Register Vol. 39, No. 2, July 15, 2024
Special form radioactive material as defined in Rule.0104 of
				  this Section must satisfactorily pass the following tests:
(1) a free drop through a distance of 30 feet
				onto a flat essentially unyielding horizontal surface, striking the surface in
				such a position as to suffer maximum damage;
(2) impact of the flat circular end of a
				one-inch diameter steel rod weighing three pounds, dropped through a distance
				on a sheet of lead, of hardness number 3.5 to 4.5 on the Vickers scale, and not
				more than one inch thick supported by a smooth essentially unyielding
				surface;
(3) heating in air to a
				temperature of 1,475 F. and remaining at that temperature for a period of ten
				minutes;
(4) immersion for 24 hours
				in water at room temperature at pH 6 to pH 8, with a maximum conductivity of
				ten micromhos per centimeter.
Authority
				  G.S.
				  104E-15;
Eff. February 1,
				  1980;
Amended Eff. November 1, 1989;
Transferred and
				  Recodified from
				  10 NCAC
				  03G.2215 Eff. January 4, 1990;
Amended Eff. May 1, 1993;
Transferred and Recodified from
				  15A NCAC
				  11.0114 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0100 - GENERAL PROVISIONS › Section 15 .0115 - RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
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 these Rules.
Authority
				  G.S.
				  104E-7;
				  104E-12(a);
Eff. February 1, 1980;
Transferred and Recodified from
				  10 NCAC
				  03G.2216 Eff. January 4, 1990;
Amended Eff. May 1, 1993;
Transferred and Recodified from
				  15A NCAC
				  11.0115 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0100 - GENERAL PROVISIONS › Section 15 .0116 - TESTS

Current through Register Vol. 39, No. 2, July 15, 2024
Each licensee and registrant shall perform upon instructions
				  from the agency, or shall permit the agency to perform, such reasonable tests
				  as the agency deems appropriate or necessary including, but not limited to,
				  tests of:
(1) sources of
				radiation;
(2) facilities wherein
				sources of radiation are used or stored;
(3) radiation detection and monitoring
				instruments; and
(4) other
				equipment and devices used in connection with utilization or storage of
				licensed or registered sources of radiation.
Authority
				  G.S.
				  104E-7;
				  104E-7(2);
				  104E-11(a);
Eff. February 1, 1980;
Transferred and Recodified from
				  10 NCAC
				  03G.2217 Eff. January 4, 1990;
Transferred and Recodified from
				  15A NCAC
				  11.0116 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0100 - GENERAL PROVISIONS › Section 15 .0118 - OPTIONAL EARLY COMPLIANCE WITH SECTION .1600

Current through Register Vol. 39, No. 2, July 15, 2024
Any licensee or registrant may choose to imple­ment
				  the rules in Section.1600 of this Chapter prior to the January 1, 1994
				  effective date of that Section, in lieu of the rules in Section.0400 of this
				  Chapter, provided such licensee or registrant shall:
(1) implement all rules in Section.1600 of
				this Chapter, except as exempted by the provisions of Rule.1602(c) of this
				Chap­ter;
(2) comply with
				the rules in Section.1600 of this Chapter in lieu of any rule in Section.0400
				of this Chapter that is cited in license or registration conditions, except as
				otherwise provided in Rule.1602 of this Chapter; and
(3) provide written notification of
				implemen­tation to the agency at the address in Rule.0111 of this
				Section.
Authority
				  G.S.
				  104E-7(a)(2);
				  104E-12(a);
Eff. May 1, 1993;
Transferred and Recodified from
				  15A NCAC
				  11.0118 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0200 - REGISTRATION OF RADIATION MACHINES: FACILITIES AND SERVICES › Section 15 .0201 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Section
				provides for the registration of radiation machines, radiation machine
				facilities and persons who provide other radiological services.
(b) For purposes of this Section, "facility"
				means the location at which one or more radiation machines are installed or
				located within one building, vehicle, or under one roof and are under the same
				administrative control.
(c) In
				addition to the requirements of this Section, all registrants are subject to
				the provisions of the other sections of this Chapter.
(d) Special requirements for registration of
				particle accelerators are provided in Section.0900 of this Chapter and are in
				addition to the requirements of this Section.
(e) In addition to the requirements of this
				Section, all registrants are subject to the annual fee provisions contained in
				Section.1100 of this Chapter.
Authority
				  G.S.
				  104E-7;
				  104E-9(8);
				  104E-19(a);
Eff. February 1, 1980;
Amended Eff. May 1, 1993; July 1,
				  1982;
Transferred and Recodified from
				  15A NCAC
				  11.0201 Eff. February 1, 2015;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. June 22,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0200 - REGISTRATION OF RADIATION MACHINES: FACILITIES AND SERVICES › Section 15 .0202 - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Electronic
				equipment that produces radiation incidental to its operation for other
				purposes is exempt from the registration and notification requirements of this
				Section provided that the dose equivalent rate average over an area of ten
				square centimeters does not exceed 0.5 mrem per hour at five centimeters from
				any accessible surface of the equipment when any external shielding is removed.
				The production, testing, or factory servicing of such equipment are not
				exempt.
(b) Radiation machines
				while in transit or storage incident thereto are exempt from the requirements
				of this Section.
(c) Domestic
				television receivers are exempt from the requirements of this
				Section.
Authority
				  G.S.
				  104E-7;
Eff. February 1,
				  1980;
Transferred and Recodified from
				  15A NCAC
				  11.0202 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0200 - REGISTRATION OF RADIATION MACHINES: FACILITIES AND SERVICES › Section 15 .0203 - APPLICATION: REGISTRATION: RADIATION MACHINES: FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Each person having an unregistered radiation machine or facility shall:
(1) apply for registration of such facility
				and each radiation machine within 30 days following initial operation of that
				facility and each radiation machine. Application for registration shall be
				completed on agency forms and shall contain all information required by the
				forms and accompanying instructions. The registration of the first radiation
				machine at a facility constitutes registration of the facility
				itself.
(2) designate on the
				application form an individual who shall be responsible for radiation
				protection.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0200 - REGISTRATION OF RADIATION MACHINES: FACILITIES AND SERVICES › Section 15 .0204 - PROHIBITED SERVICES AND INSTALLATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except
				as provided in Paragraph (b) of this Rule or otherwise authorized in writing by
				the agency, each person registered pursuant to Rule.0203 of this Section shall
				prohibit any person from furnishing equipment services described in Rule
				.0205(d) of this Section to his facility until such person provides evidence
				that he is currently registered with the agency as a provider of such services
				in accordance with Rule.0205 of this Section.
(b) No person registered pursuant to the
				provisions of Rule.0203 of this Section shall perform any services listed in
				Rule.0205(d) of this Section in his facility unless such person satisfies the
				applicable requirements in Rules.0205,.0213, and.0214 of this Section and has
				received written authorization from the agency to perform such
				services.
Authority
				  G.S.
				  104E-7;
Eff. February 1,
				  1980;
Amended Eff. June 1, 1989;
Transferred and
				  Recodified from
				  15A NCAC
				  11.0204 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0200 - REGISTRATION OF RADIATION MACHINES: FACILITIES AND SERVICES › Section 15 .0205 - APPLICATION FOR REGISTRATION OF SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each person
				who is engaged in the business of installing or offering to install radiation
				machines and machine components or is engaged in the business of furnishing or
				offering to furnish any equipment services listed in Paragraph (d) of this Rule
				in this state, to any agency licensee or registrant, shall apply for
				registration of such services with the agency prior to furnishing or offering
				to furnish any of these services.
(b) Application for registration shall be
				completed on appropriate form(s) provided by the agency and shall contain all
				information required by the agency as indicated on the form and accompanying
				instructions. This information shall include:
(1) the name, address and telephone number
				of:
(A) the individual or the company to be
				registered;
(B) the owner(s) of the
				company;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0200 - REGISTRATION OF RADIATION MACHINES: FACILITIES AND SERVICES › Section 15 .0206 - REPORTS OF INSTALLATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Persons,
				registered pursuant to Rule .0205 of this Section, who sell, lease, transfer,
				lend, dispose of, assemble or install radiation machines in this state shall,
				within 30 days after each calendar quarter, notify the agency at the address in
				Rule.0111 of this Chapter, of:
(1) whether any
				radiation machines were installed, transferred, or disposed of during the
				calendar quarter;
(2) the name and
				address of persons who received radiation machines during the calendar
				quarter;
(3) the manufacturer,
				model and serial number of each radiation machine transferred or disposed
				of;
(4) the date of transfer of
				each radiation machine.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0200 - REGISTRATION OF RADIATION MACHINES: FACILITIES AND SERVICES › Section 15 .0207 - ISSUANCE OF NOTICE OF REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				agency shall issue a notice of registration upon a determination that an
				applicant:
(1) is qualified by reason of
				education, training or experience in the use and hazards of radiation sources
				described in the application for registration;
(2) has facilities and equipment which meet
				the requirements in these Rules;
(3) has established a radiation protection
				program, appropriate to the registered activities, which assures compliance
				with radiation protection requirements in these Rules; and
(4) meets the applicable requirements in this
				Chapter.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0200 - REGISTRATION OF RADIATION MACHINES: FACILITIES AND SERVICES › Section 15 .0208 - PRIOR NOTIFICATION OF TRANSFER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Persons
				registered pursuant to Rule.0203 of this Section shall notify the agency in
				writing prior to transfer of a registered radiation machine to another person
				required to be registered pursuant to Rule.0203(a) of this Section. This Rule
				does not prohibit transfer without prior notification to sales and service
				companies registered pursuant to Rule.0205 of this Section.
(b) The notification shall include:
(1) the name and address of the transferee,
				and
(2) the manufacturer, model
				number and serial number of the radiation machine to be transferred.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0200 - REGISTRATION OF RADIATION MACHINES: FACILITIES AND SERVICES › Section 15 .0209 - REPORT OF CHANGES

Current through Register Vol. 39, No. 2, July 15, 2024
Any registrant shall notify the agency in writing when any
				  change will render the information contained in the application for
				  registration or notice of registration no longer accurate.
Authority
				  G.S.
				  104E-7;
				  104E-12;
Eff.
				  February 1, 1980;
Transferred and Recodified from
				  15A NCAC
				  11.0209 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0200 - REGISTRATION OF RADIATION MACHINES: FACILITIES AND SERVICES › Section 15 .0210 - OTHER PROHIBITED ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				person registered pursuant to Rule.0205 of this Section for x-ray sales or
				installations shall make, sell, lease, transfer, lend, assemble, or install
				radiation machines or equipment used in connection with such machines unless
				such machines and equipment when placed in operation shall meet the applicable
				requirements of these Rules.
(b) No
				person, in any advertisement, shall refer to the fact that he or his facility
				is registered with the agency pursuant to the provisions of Rule.0203 or.0205
				of this Section and no person shall state or imply that any activity under such
				registration has been approved by the agency.
(c) No person registered pursuant to Rule
				.0205 of this Section shall install radiation machines which are subject to
				provisions of Section.0600 of this Chapter unless the registrant first
				determines that the agency has issued written acknowledgement of receipt of any
				facility and shielding design required in Rule.0603 of this Chapter.
Authority
				  G.S.
				  104E-7;
				  104E-20;
Eff.
				  February 1, 1980;
Amended Eff. May 1, 1993; June 1,
				  1989;
Transferred and Recodified from
				  15A NCAC
				  11 .0210 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0200 - REGISTRATION OF RADIATION MACHINES: FACILITIES AND SERVICES › Section 15 .0211 - OUT-OF-STATE RADIATION MACHINES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No person
				shall bring any radiation machine into the state, for any temporary use, unless
				such person has given a written notice to the agency at least five working days
				before the machine is to be used in the state. The notice shall include the
				type of radiation machine; the nature, duration, and scope of use; and the
				exact location(s) where the radiation machine is to be used. If, for a specific
				case, the five working day period would impose an undue hardship on the person,
				he may, upon application to the agency, obtain permission to proceed
				sooner.
(b) The person in Paragraph
				(a) of this Rule shall:
(1) comply with all
				applicable rules in this Chapter, including registration pursuant to Rule.0203
				of this Section; and
(2) supply the
				agency with such other information as the agency may reasonably
				request.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0200 - REGISTRATION OF RADIATION MACHINES: FACILITIES AND SERVICES › Section 15 .0212 - MODIFICATIONS: REVOCATION: TERMINATION OF REGISTRANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				terms and conditions of all registrations are subject to amendment, revision or
				modification and all registrations are subject to suspension or revocation by
				reason of:
(1) rules adopted pursuant to
				provisions of the Act; or
(2)
				orders issued by the agency pursuant to provisions of the Act and rules adopted
				pursuant to provisions of the Act.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0200 - REGISTRATION OF RADIATION MACHINES: FACILITIES AND SERVICES › Section 15 .0213 - ADDITIONAL REQUIREMENTS: REGISTERED SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				applicant for registration of diagnostic area radiation survey, diagnostic
				radiation output measurements or therapeutic calibration services pursuant to
				Rule.0205 of this Section shall meet the following additional requirements:
(1) The applicant shall have adequate
				radiation survey and radiation measurement equipment appropriate to the
				services requested for authorization.
(2) The applicant shall ensure that the
				equipment in Subparagraph (a)(1) of this Rule is calibrated at least every 12
				months by persons registered to provide such services pursuant to Rule.0205 of
				this Section, except as provided in Subparagraph (a)(3) of this Rule. The
				agency may approve less frequent calibration of equipment used for therapy
				calibration, provided the applicant satisfies the agency that the proposed
				frequency and procedures will provide equivalent or better assurance of proper
				calibration.
(3) The applicant may
				perform the equipment calibrations required in Subparagraph (a)(2) of this Rule
				provided that:
(A) such calibrations are
				currently traceable to the National Institute of Standards and
				Technology;
(B) the calibration
				procedures are approved by the agency;
(C) the radiation sources used for such
				calibration are licensed or registered as required by the rules in this
				Chapter; and
(D) the equipment is
				labeled to indicate the date of calibration and records of the calibration are
				maintained.
(4) The
				applicant shall submit:
(A) a description of
				the procedures that will be used in performing area radiation surveys including
				a list of all guides and references to the employed;
(B) a copy of all forms, reports and
				documents that will be supplied to customers;
(C) samples of three different types of
				surveys;
(D) samples of three
				reports of diagnostic radiation output measurements; and
(E) samples of three therapeutic calibration
				reports.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0302 - GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Persons
				possessing generally licensed items, manufactured or initially transferred
				pursuant to Subpart B of 10 CFR 32, shall comply with the provisions of 10 CFR
				31, which are hereby incorporated by reference including subsequent amendments
				and editions, as follows:
(1) Reports,
				notifications, and responses to agency requests for information required by
				this Rule shall be made to the agency at the address shown in Rule .0111 of
				this Chapter unless directed otherwise by the agency;
(2)
										10 CFR
				31.1, "Purpose and scope;"
(3)
										10 CFR
				31.2, "Terms and conditions;"
(4)
										10 CFR
				31.5, "Certain detecting, measuring, gauging,
				or controlling devices and certain devices for producing light or an ionized
				atmosphere," except that the fee required by
				10 CFR
				170.31 shall not apply. Persons using devices
				described in 31.5(a) shall be registered with the agency. Device registration
				shall be made in accordance with Paragraph (b) of this Rule and shall contain
				the information required by 31.5(c)(13)(iii);
(5)
										10 CFR
				31.6, "General license to install devices
				generally licensed in 10 CFR
				31.5;"
(6)
										10 CFR
				31.7, "Luminous safety devices in
				aircraft;"
(7)
										10 CFR
				31.8, "Americium-241 and radium-226 in the
				form of calibration or reference sources;"
(8)
										10 CFR
				31.9, "General license to own byproduct
				material;"
(9)
										10 CFR
				31.10, "General license for strontium 90 in
				ice detection devices;"
(10)
										10 CFR
				31.11, "General license for use of byproduct
				material for certain in vitro clinical or laboratory testing," except that
				persons required by 31.11(b) to register devices with the agency shall comply
				with the provisions of Paragraph (b) of this Rule;
(11)
										10 CFR
				31.12, "General license for certain items and
				self-luminous products containing radium-226;" and
(12)
										10 CFR
				31.21, "Maintenance of
				records;"
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0303 - REPEALED - EXEMPT CONCENTRATIONS: OTHER THAN SOURCE MATERIAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  104E-7;
				  104E-10;
				  104E-20;
				  10 CFR
				  30.70;
Eff. February 1,
				  1980;
Amended Eff. October 1, 2013; May 1, 1993; June 1,
				  1989;
Transferred and Recodified from
				  15A NCAC
				  11.0303 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0304 - SPECIFIC LICENSES: MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All persons
				manufacturing or initially transferring items or devices containing exempt
				quantities or exempt concentrations of byproduct material, as described in Rule
				.0301(a)(11) and .0301(a)(13) of this Chapter, generally licensed and
				specifically licensed items or devices containing byproduct material, items or
				devices containing byproduct material for medical use in humans, and persons
				requesting safety evaluations of sealed sources or devices for registration
				with the national Sealed Source and Device Registry shall comply with the
				following requirements of 10 CFR 32 :
(1)
										10 CFR
				32.1(a), (b), and (c)(2),
				"Purpose and scope;"
(2)
										10 CFR
				32.2, "Definitions," the term "initially
				transfer" shall mean the "initial commercial transfer of items and devices to
				an end user or a commercial or retail reseller;"
(3)
										10 CFR
				32.3, "Maintenance of
				records."
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0305 - SPECIFIC DOMESTIC LICENSES OF BROAD SCOPE FOR BYPRODUCT MATERIAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Persons who have established
				administrative controls and provisions relating to organization and management,
				procedures, record keeping, material control and accounting, and management
				review that are necessary to assure safe operations in compliance with the
				rules of this Chapter shall comply with the provisions of 10 CFR 33, which are
				hereby incorporated by reference including subsequent amendments and editions,
				as follows:
(1)
										10 CFR
				33.1, "Purpose and scope;"
(2)
										10 CFR
				33.11(a), "Types of specific
				licenses of broad scope;"
(3)
										10 CFR
				33.12, "Applications for specific licenses of
				broad scope," except that the requirements of Paragraph (b) of this Rule shall
				be met;
(4)
										10 CFR
				33.13, "Requirements for the issuance of a
				Type A specific license of broad scope;"
(5)
										10 CFR
				33.16, "Application for other specific
				licenses;" and
(6)
										10 CFR
				33.17(a), (b), "Conditions
				of specific licenses of broad scope."
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0306 - TYPES OF LICENSES: GENERAL AND SPECIFIC

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General
				licenses provided in this Section are effective without the filing of
				applications with the agency or the issuance of licensing documents to the
				general licensee, although registration with the agency may be required by the
				particular general license. The general license is subject to all other
				applicable rules in this Chapter and any limitations contained in a general
				license document, if issued.
(b)
				Specific licenses require the submission of an application to the agency and
				the issuance of a licensing document by the agency. The licensee is subject to
				all applicable rules of this Chapter as well as any limitations and
				requirements specified in the licensing document.
Authority
				  G.S.
				  104E-7;
				  104E-10(b);
Eff. February 1, 1980;
Amended Eff. January 1, 2005;
Transferred and Recodified from
				  15A NCAC
				  11.0306 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0307 - MEDICAL USE OF BYPRODUCT MATERIAL IN HUMANS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All persons
				using radioactive materials for medical use in humans shall comply with the
				general information requirements of Subpart A to 10 CFR 35, as follows:
(1)
										10 CFR
				35.1, "Purpose and scope;"
(2)
										10 CFR
				35.2, "Definitions;"
(3)
										10 CFR
				35.5, "Maintenance of records;"
(4)
										10 CFR
				35.6, "Provisions for the protection of human
				research subjects;"
(5)
										10 CFR
				35.7, "FDA, other Federal, and State
				requirements;"
(6)
										10 CFR
				35.10, "Implementation;"
(7)
										10 CFR
				35.11, "License required," except that
				35.11(c)(1) shall not apply;
(8)
										10 CFR
				35.12, "Application for license, amendment,
				or renewal," except that the requirements in Paragraph (m) of this Rule shall
				be met;
(9)
										10 CFR
				35.13, "License amendments," except that
				35.13(a)(1) shall not apply;
(10)
										10 CFR
				35.14, "Notifications," except that
				notifications required by this rule shall be submitted to the agency at the
				address shown in Rule .0111 of this Chapter unless directed otherwise by the
				agency;
(11)
										10 CFR
				35.15, "Exemptions regarding Type A specific
				licenses of broad scope;"
(12)
										10 CFR
				35.18, "License issuance," except 35.18(a)(2)
				shall not apply; and
(13)
										10 CFR
				35.19, "Specific
				exemptions."
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0308 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Persons irradiating objects or materials
				using sealed sources containing radioactive materials shall comply with the
				provisions of 10 CFR 36, which are hereby incorporated by reference including
				subsequent amendments and editions, except that the requirements of 10 CFR 170
				shall not apply, as follows:
(1)
										10 CFR
				36.1, "Purpose and scope;"
(2)
										10 CFR
				36.2, "Definitions," except that references
				to common defense and security shall not apply;
(3)
										10 CFR
				36.11, "Application for a specific license,"
				except that the requirements of Paragraph (b) of this Rule shall be
				met;
(4)
										10 CFR
				36.13, "Specific licenses for
				irradiators;"
(5)
										10 CFR
				36.15, "Commencement of
				construction;"
(6)
										10 CFR
				36.17, "Applications for
				exemptions;"
(7)
										10 CFR
				36.19, "Requests for written
				statements;"
(8)
										10 CFR
				36.21, "Performance criteria for sealed
				sources;"
(9)
										10 CFR
				36.23, "Access control;"
(10)
										10 CFR
				36.25, "Shielding;"
(11)
										10 CFR
				36.27, "Fire protection;"
(12)
										10 CFR
				36.29, "Radiation monitors;"
(13) 10 CGR 36.31, "Control of source
				movement;"
(14)
										10 CFR
				36.33, "Irradiator pools;"
(15)
										10 CFR
				36.35, "Source rack protection;"
(16)
										10 CFR
				36.37, "Power failures;"
(17)
										10 CFR
				36.39, "Design requirements;"
(18)
										10 CFR
				36.41, "Construction monitoring and
				acceptance testing;"
(19)
										10 CFR
				36.51, "Training;"
(20)
										10 CFR
				36.53, "Operating and emergency
				procedures;"
(21)
										10 CFR
				36.55, "Personnel monitoring;"
(22)
										10 CFR
				36.57, "Radiation surveys;"
(23)
										10 CFR
				36.59, "Detection of leaking
				sources;"
(24)
										10 CFR
				36.61, "Inspection and
				maintenance;"
(25)
										10 CFR
				36.63, "Pool water quality;"
(26)
										10 CFR
				36.65, "Attendance during
				operations;"
(27)
										10 CFR
				36.67, "Entering and leaving the radiation
				room;"
(28)
										10 CFR
				36.69, "Irradiation of explosive or flammable
				materials;"
(29)
										10 CFR
				36.81, "Records and retention periods;"
				and
(30)
										10 CFR
				36.83, "Reports," except that reports
				required by this Rule shall be made to the agency at the address shown in Rule
				.0111 of this Chapter unless directed otherwise by the agency, in lieu of the
				United States Nuclear Regulatory Commission (NRC).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0311 - GENERAL LICENSES: LUMINOUS SAFETY DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A general
				license shall be issued to own, receive, acquire, possess, and use tritium or
				promethium-147 contained in luminous safety devices for use in aircraft,
				provided:
(1) each device contains not more
				than ten curies of tritium or 300 millicuries of promethium-147; and
(2) each device has been manufactured,
				assembled or imported in accordance with a specific license issued by the U.S.
				Nuclear Regulatory Commission, or each device has been manufactured or
				assembled in accordance with the specifications contained in a specific license
				issued by the agency or an agreement state to the manufacturer or assembler of
				the device pursuant to licensing requirements equivalent to those in Section
				32.53 of 10 CFR Part 32 of the regulations of the U.S. Nuclear Regulatory
				Commission.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0312 - REPEALED - GENERAL LICENSES: CALIBRATION AND REFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  104E-7;
				  104E-10(b);
Eff. February 1, 1980;
Amended Eff. January 1, 1994;
Transferred and Recodified from
				  15A NCAC
				  11.0312 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0313 - OWNERSHIP OF RADIOACTIVE MATERIAL

Current through Register Vol. 39, No. 2, July 15, 2024
A general license shall be issued to own radioactive material
				  without regard to quantity. This general license does not authorize the
				  manufacture, production, transfer, receipt, possession or use of radioactive
				  material.
Authority
				  G.S.
				  104E-7;
				  104E-10(b);
Eff. February 1, 1980;
Transferred and Recodified from
				  15A NCAC
				  11.0313 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0314 - REPEALED - GENERAL LICENSES: IN VITRO CLINICAL OR LABORATORY TESTING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  104E-7;
				  104E-10(b);
Eff. February 1, 1980;
Amended Eff. January 1, 1994;
Transferred and Recodified from
				  15A NCAC
				  11.0314 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0315 - REPEALED - GENERAL LICENSES: ICE DETECTION DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  104E-7;
				  104E-10(b);
Eff. February 1, 1980;
Amended Eff. January 1, 1994;
Transferred and Recodified from
				  15A NCAC
				  11.0315 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0316 - GENERAL LICENSES: TRANSPORTATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				person transporting or storing byproduct material for transportation shall be
				exempt as authorized by 10
				CFR 30.13.
(b) Any person transporting or storing source
				material for transportation shall be exempt as authorized by
				10 CFR
				40.12. Any person not exempt under
				10 CFR
				40.12 shall be issued a general license in
				accordance with Rule.0306(a) of this Section.
(c) Any person transporting or storing
				special nuclear material for transportation shall be exempt as authorized by
				10 CFR
				70.12. Any person not exempt shall be issued
				a general license in accordance with Rule.0306(a) of this Section.
(d) Any person preparing radioactive material
				for shipment or transporting radioactive material shall be subject to the
				provisions of 10 CFR Part 71 as applicable to the shipment and mode of
				transportation. Notwithstanding Rule.0117(a)(2)(J) of this Chapter,
				10 CFR
				71.85(a) through (c), and
				71.91(b) are
				excluded from incorporation by reference for the purposes of this
				Rule.
(e) Notifications required by
				10 CFR
				71.97 and
				10 CFR 73.37(b)(2) shall be made
				to the Governor's designee as follows:
(1)
				designee: N.C. Highway Patrol Headquarters, Operations Officer;
(2) mailing address: P.O. Box 27687, Raleigh,
				North Carolina 27611-7687;
(3)
				telephone: (919) 733-4030 from 8 a.m. to 5 p.m. Monday through Friday except
				State holidays, and (919) 733-3861 at all other times.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0317 - REPEALED - SPECIFIC LICENSES: FILING APPLICATION AND GENERAL REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  104E-7;
				  104E-10(b);
Eff. February 1, 1980;
Amended Eff. October 1, 2013; April 1, 1999;
				  May 1, 1992; November 1, 1989;
Transferred and Recodified from
				  15A NCAC
				  11.0317 Eff. February 1, 2015;
Amended Eff. March 1, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0318 - REPEALED - SPECIFIC LICENSES: GENERAL REQUIREMENTS FOR HUMAN USE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  104E-7;
				  104E-10(b);
				  10 CFR
				  35.2;
Eff. February 1,
				  1980;
Amended Eff. October 1, 2013; November 1, 2007; April 1,
				  1999; May 1, 1993; November 1, 1989;
Transferred and Recodified
				  from 15A
				  NCAC 11.0318 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0319 - REPEALED - SPECIFIC LICENSES: HUMAN USE IN HOSPITALS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  104E-7(2);
Eff.
				  February 1, 1980;
Amended Eff. October 1, 1984;
Transferred and Recodified from
				  15A NCAC
				  11.0319 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0320 - REPEALED - SPECIFIC LICENSES: HUMAN USE BY INDIVIDUAL PHYSICIANS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  104E-7;
				  104E-10(b);
Eff. February 1, 1980;
Amended Eff. November 1, 2007; August 1,
				  2002; November 1, 1989;
Transferred and Recodified from
				  15A NCAC
				  11.0320 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0321 - REPEALED - SPECIFIC LICENSES: GENERAL REQUIREMENTS FOR HUMAN USE OF UNSEALED RADIOACTIVE MATERIALS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  104E-7;
				  104E-10(b);
Eff. February 1, 1980;
Amended Eff. October 1, 2013; November 1,
				  2007; August 1, 2002; April 1, 1999; May 1, 1993;
Transferred and
				  Recodified from
				  15A NCAC
				  11.0321 Eff. February 1,
				  2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0322 - REPEALED - SPECIFIC LICENSES: HUMAN USE OF SEALED SOURCES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  104E-7;
				  104E-10(b);
Eff. February 1, 1980;
Amended Eff. October 1, 2013; November 1,
				  2007;
Transferred and Recodified from
				  15A NCAC
				  11.0322 Eff. February 1,
				  2015.