reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part II - Registration of Radiation Machine Facilities and Services › Section 12VAC5-481-270 - Exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Electronic
				  equipment that produces radiation incidental to its operation is exempt from
				  the registration and notification requirements of this part, provided that the
				  dose equivalent rate averaged over an area of 10 square centimeters does not
				  exceed 5 [MICRO]Sv (0.5 mrem) per hour at five centimeters from any accessible
				  surface of such equipment. The production, testing, or factory servicing of
				  such equipment shall not be exempt.
B. Radiation machines while in transit or
				  storage incident thereto are exempt from the requirements of this
				  part.
C. Domestic television
				  receivers are exempt from the requirements of this part.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part II - Registration of Radiation Machine Facilities and Services › Section 12VAC5-481-280 - Shielding plan review

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to
				  construction, the floor plans, shielding specifications and equipment
				  arrangement of all new installations, or modifications of existing
				  installations, utilizing ionizing radiation machines shall be available to the
				  agency for review. The required information is found in
				  12VAC5-481-280 E.
B. The agency may require the applicant to
				  utilize the services of a private inspector to determine the shielding
				  requirements prior to the plan review.
C. The review of such plans shall not
				  preclude the requirement of additional modifications should a subsequent
				  analysis of operating conditions indicate the possibility of an individual
				  receiving a dose in excess of the limits prescribed in
				  12VAC5-481-640 and
				  12VAC5-481-680 through
				  12VAC5-481-730.
D. After installation of a radiation machine,
				  the registrant shall maintain for inspection by the agency:
1. The maximum rated technique factors of
				  each machine;
2. A scale drawing of
				  the room in which a stationary radiation machine system is located with such
				  drawing indicating the use of areas adjacent to the room and an estimation of
				  the extent of occupancy by an individual in such areas. In addition, the
				  drawing shall include:
a. The results of a
				  survey for radiation levels present at the operator's position and at pertinent
				  points outside the room at specified test conditions; or
b. The type and thickness of materials, or
				  lead equivalency, of each protective barrier.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part II - Registration of Radiation Machine Facilities and Services › Section 12VAC5-481-290 - Registration of radiation machine facilities

Current through Register Vol. 40, No. 24, July 15, 2024
Each person having a radiation machine facility
					 shall:
1. Apply for registration of
				  such facility with the agency within 30 days following installation of
				  equipment. Application for registration shall be completed on forms furnished
				  by the agency and shall contain all the information required by the form and
				  accompanying instructions. Registrations filed with the agency prior to
				  September 20, 2006, shall remain in effect until a renewal notice is issued by
				  the agency pursuant to
				  12VAC5-481-310.
2. Designate on the application form an
				  individual to be responsible for radiation protection .
3. Submit to the agency as part of any
				  application for registration or renewal of registration one copy of each
				  radiation survey or calibration report for which records are required to be
				  maintained pursuant to
				  12VAC5-481-1591 A 12 c. Records
				  submitted once need not be submitted again for renewal of
				  registration.
4. Have an initial
				  inspection by a private or state inspector no later than 30 days after the
				  registration of the equipment. Subsequent inspections shall be made
				  periodically in accordance with other parts of these regulations or whenever
				  the equipment is moved to a new location. The agency shall furnish a list of
				  private inspectors.
Statutory Authority: § 32.1-229 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part II - Registration of Radiation Machine Facilities and Services › Section 12VAC5-481-300 - Issuance of registration certificate

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon a determination that an applicant
				  meets the requirements of this chapter and has paid the appropriate
				  registration fee, the agency shall issue a registration certificate.
B. The agency may incorporate in the
				  registration certificate at the time of issuance or thereafter by appropriate
				  rule, regulation or order, such additional requirements and conditions with
				  respect to the registrant's receipt, possession, use and transfer of radiation
				  machines as he deems appropriate or necessary.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part II - Registration of Radiation Machine Facilities and Services › Section 12VAC5-481-310 - Renewal of registration and approval not implied

Current through Register Vol. 40, No. 24, July 15, 2024
A. Application for renewal of registration
				  shall be filed in accordance with
				  12VAC5-481-290.
B. In any case in which a registrant not less
				  than 30 days prior to the expiration of his existing registration certificate
				  has filed an application in proper form for renewal, such existing registration
				  certificate shall not expire until the application status has been finally
				  determined by the agency.
C. 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
				  12VAC5-481-290, and no person
				  shall state or imply that any activity under such registration has been
				  approved by the agency.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part II - Registration of Radiation Machine Facilities and Services › Section 12VAC5-481-320 - Expiration of registration certificate

Current through Register Vol. 40, No. 24, July 15, 2024
Except as provided by
					 12VAC5-481-310 B, each
					 registration certificate shall expire at the end of the specified day in the
					 month and year stated therein or upon notice issued to the registrant by the
					 agency.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part II - Registration of Radiation Machine Facilities and Services › Section 12VAC5-481-330 - Report of changes

Current through Register Vol. 40, No. 24, July 15, 2024
The registrant shall notify the agency in writing before
					 making any change that would render the information contained in the
					 application for registration and/or the notice of registration no longer
					 accurate.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part II - Registration of Radiation Machine Facilities and Services › Section 12VAC5-481-340 - Private inspector qualifications

Current through Register Vol. 40, No. 24, July 15, 2024
Any person desiring designation as a private inspector for
					 diagnostic x-ray, mammographic or therapeutic x-ray and teletherapy machines
					 must be qualified by training and experience to perform inspections or
					 calibrations according to the following criteria and must submit to the agency
					 a statement on the appropriate form certifying his specific qualifications. In
					 order to maintain designation as a private inspector, the individual must
					 maintain satisfactory performance of work performed in that capacity. The
					 agency shall disqualify any individual from this designation if the agency has
					 determined that the individual has demonstrated unsatisfactory performance as a
					 private inspector. The individual may request an informal hearing.
A. Private inspector, diagnostic x-ray
				  (except mammography). The person must have adequate knowledge, training and
				  experience to measure ionizing radiation, evaluate safety techniques, and
				  advise regarding radiation protection needs to assure compliance with Virginia
				  Rules and Regulations for Ionizing Radiation as evidenced by all of the
				  following:
1. Initial qualifications:
				  evidenced by one or more of the following:
a.
				  Certification by one of the following: American Board of Radiology either in
				  diagnostic or radiological physics, American Board of Health Physics in
				  comprehensive practice, or the American Board of Medical Physics in diagnostic
				  imaging physics.
b. Bachelor's
				  degree in one of the physical sciences or engineering and three years of
				  full-time experience in radiation safety including at least one year in
				  diagnostic x-ray safety. Advanced degrees in related areas may be substituted
				  for experience on an equal time basis, except that no substitution shall be
				  allowed for the required one year of experience in diagnostic x-ray
				  safety.
c. Those individuals listed
				  as private inspectors immediately prior to September 20, 2006, shall be
				  considered grandfathered.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part II - Registration of Radiation Machine Facilities and Services › Section 12VAC5-481-350 - Assembler or transfer obligation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person who sells, leases, transfers,
				  lends, disposes, assembles, or installs radiation machines or upon significant
				  service or modification thereof of any radiation machine (such as tube inserts,
				  generators, or collimators) in this state shall notify the agency within 15
				  days of:
1. The name and address of persons
				  who have received these machines;
2. The manufacturer, model, and serial number
				  of each radiation machine transferred; however, in the case of diagnostic x-ray
				  systems that contain certified components, a copy of the assembler's report
				  (Form FDA 2579) prepared in compliance with the requirements of the Food and
				  Drug Administration's Federal Diagnostic X-ray Standard (
				  21 CFR
				  1020.30(d) ) shall be
				  submitted and shall suffice in lieu of any other report by the assembler;
				  and
3. The date of transfer of each
				  radiation machine.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part II - Registration of Radiation Machine Facilities and Services › Section 12VAC5-481-360 - Reciprocal recognition of out-of-state radiation machines

Current through Register Vol. 40, No. 24, July 15, 2024
A. Whenever any
				  radiation machine is to be brought into the state, for any temporary use, the
				  person proposing to bring such machine into the state shall give written notice
				  to the agency at least two working days before such machine is to be used in
				  the state. The notice shall include:
1. The
				  type of radiation machine;
2. The
				  nature, duration, and scope of use;
3. The exact location(s) where the radiation
				  machine is to be used; and
4.
				  States in which this machine is registered.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part II - Registration of Radiation Machine Facilities and Services › Section 12VAC5-481-370 - Certification of X-ray systems

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Every owner or operator of an X-ray machine shall:
1. Have the machine certified by the agency
				  within 60 days of the date of installation and thereafter according to the
				  inspection schedule in Part VI (12VAC5-481-1580 et
				  seq.) of this chapter; and
2. Have
				  the machine inspected whenever the machine is moved to a new location or
				  according to the schedule in Part VI (12VAC5-481-1580 et seq.) of this
				  chapter, whichever occurs first, by a private or state inspector; and
3. Submit to the agency one copy of each
				  inspection or calibration report for which records are required to be
				  maintained pursuant to Part VI (12VAC5-481-1580 et
				  seq.) of this chapter. If the inspection was performed by a state inspector and
				  the inspection was not initiated by the agency pay the appropriate fee as
				  established by the board.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 1 - Purpose and Scope › Section 12VAC5-481-380 - Purpose and scope

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
					 part, and Parts V (12VAC5-481-1170 et seq.), VII
					 (12VAC5-481-1660 et seq.), XI
					 (12VAC5-481-2330 et seq.), XIII
					 (12VAC5-481-2950 et seq.), XIV
					 (12VAC5-481-3140 et seq.) and XVI
					 (12VAC5-481-3460 et seq.) of this
					 chapter, provide for the licensing of radioactive material. No person shall
					 receive, possess, use, transfer, own, or acquire radioactive material except as
					 authorized pursuant to this part or Parts V (12VAC5-481-1170 et seq.), VII
					 (12VAC5-481-1660 et seq.), XI
					 (12VAC5-481-2330 et seq.), XII
					 (12VAC5-481-2660 et seq.), XIII
					 (12VAC5-481-2950 et seq.), XIV
					 (12VAC5-481-3140 et seq.) and XVI
					 (12VAC5-481-3460 et seq.) of this
					 chapter, or as otherwise provided in these parts.
B. In addition to the requirements of this
					 part, all licensees are subject to the requirements of Parts I (12VAC5-481-10 et seq.), IV
					 (12VAC5-481-600 et seq.), X
					 (12VAC5-481-2250 et seq.), and XIII
					 (12VAC5-481-2950 et seq.) of this
					 chapter. Furthermore, licensees engaged in industrial radiographic operations
					 are subject to the requirements of Part V (12VAC5-481-1170 et seq.) of this
					 chapter, licensees using radionuclides in the healing arts are subject to the
					 requirements of Part VII (12VAC5-481-1660 et
					 seq.) of this chapter, licensees engaged in irradiator operations are subject
					 to the requirements of Part XII (12VAC5-481-2660 et
					 seq.) of this chapter, and licensees engaged in wireline and subsurface tracer
					 studies are subject to the requirements of Part XIV (12VAC5-481-3140 et seq.) of this
					 chapter.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 2 - Exemptions from the Regulatory Requirements › Section 12VAC5-481-400 - Radioactive material other than source material

Current through Register Vol. 40, No. 24, July 15, 2024
A. Exempt concentrations.
1. Except as provided in subdivisions 3 and 4
					 of this subsection, any person is exempt from the requirements for a license
					 set forth in this part to the extent that such person receives, possesses,
					 uses, transfers, owns, or acquires products or materials containing radioactive
					 material in concentrations not in excess of those listed in
					 12VAC5-481-3720.
2. This subsection shall not be deemed to
					 authorize the import of radioactive material or products containing radioactive
					 material.
3. A manufacturer,
					 processor, or producer of a product or material is exempt from the requirements
					 for a license set forth in this part to the extent that this person transfers
					 radioactive material (i) contained in a product or material in concentrations
					 not in excess of those specified in 12VAC5-481-3720 and (ii) introduced into
					 the product or material by a licensee holding a specific license issued by the
					 NRC expressly authorizing such introduction. This exemption does not apply to
					 the transfer of radioactive material contained in any food, beverage, cosmetic,
					 drug, or other commodity or product designed for ingestion or inhalation by or
					 application to a human being.
4. 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
					 this subsection or equivalent regulations by the NRC or another agreement state
					 except in accordance with a license issued under
					 12VAC5-481-480.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 3 - Licenses › Section 12VAC5-481-410 - Types of licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A radioactive materials license will be one of the
						following:
1. A general license is
					 provided by regulation, grants authority to a person for certain activities
					 involving radioactive material, and is effective without the filing of an
					 application with the agency or the issuance by the agency of licensing
					 documents to the particular person; although, the filing of a certificate with
					 the agency may be required by the particular general license. The general
					 licensee is subject to all applicable parts of this chapter and any limitations
					 of the general license.
2. A
					 specific license requires the submission of an application to the agency and
					 the issuance of a licensing document to a named person by the agency. A
					 licensee is subject to all applicable parts of this chapter as well as any
					 limitations specified in the licensing document.
Statutory Authority: §
													32.1-229
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 3 - Licenses › Section 12VAC5-481-420 - General licenses - source material

Current through Register Vol. 40, No. 24, July 15, 2024
A. Small quantities of source material.
1. A general license is hereby issued
					 authorizing commercial and industrial firms; research, educational, and medical
					 institutions; and federal, state, and local government agencies to receive,
					 possess, use, and transfer uranium and thorium, in their natural isotopic
					 concentrations and in the form of depleted uranium, for research, development,
					 educational, commercial, or operational purposes in the following forms and
					 quantities:
a. No more than 1.5 kg (3.3 lb)
					 of uranium and thorium in dispersible forms (e.g. gaseous, liquid, powder,
					 etc.) at any one time. Any material processed by the general licensee that
					 alters the chemical or physical form of the material containing source material
					 shall be accounted for as a dispersible form. A person authorized to possess,
					 use, and transfer source material under this subdivision may not receive more
					 than a total of 7 kg (15.4 lb) of uranium and thorium in any one calendar year;
					 and
b. No more than a total of 7 kg
					 (15.4 lb) of uranium and thorium at any one time. A person authorized to
					 possess, use, and transfer source material under this subdivision may not
					 receive more than a total of 70 kg (154 lb) of uranium and thorium in any one
					 calendar year. A person may not alter the chemical or physical form of the
					 source material possessed under this subdivision unless it is accounted for
					 under the limits of subdivision 1 a of this subsection; or
c. No more than 7 kg (15.4 lb) of uranium,
					 removed during the treatment of drinking water, at any one time. A person may
					 not remove more than 70 kg (154 lb) of uranium from drinking water during a
					 calendar year under this paragraph; or
d. No more than 7 kg (15.4 lb) of uranium and
					 thorium at laboratories for the purpose of determining the concentration of
					 uranium and thorium contained within the material being analyzed at any one
					 time. A person authorized to possess, use, and transfer source material under
					 this paragraph may not receive more than a total of 70 kg (154 lb) of source
					 material in any one calendar year.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 3 - Licenses › Section 12VAC5-481-421 - Requirements for license to initially transfer source material for use under the small quantities of source material general license

Current through Register Vol. 40, No. 24, July 15, 2024
A. An application for a specific license to
					 initially transfer source material for use under
					 12VAC5-481-420 A or equivalent
					 regulations of the NRC or another agreement state will be approved if:
1. The applicant satisfies the general
					 requirements specified in
					 12VAC5-481-450; and
2. The applicant submits adequate information
					 on, and the agency approves the methods to be used for quality control,
					 labeling, and providing safety instructions to recipients.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 3 - Licenses › Section 12VAC5-481-430 - General licenses - radioactive material other than source material

Current through Register Vol. 40, No. 24, July 15, 2024
A. Certain devices
					 and equipment.
1. A general license is hereby
					 issued to transfer, receive, acquire, own, possess, and use radioactive
					 material incorporated in the following devices or equipment that have been
					 manufactured, tested, and labeled by the manufacturer in accordance with a
					 specific license issued to the manufacturer by the agency or equivalent
					 requirements by the NRC or another agreement state for use pursuant to
					 12VAC5-481-480
					 B or C.
a. Devices designed for use as static
					 eliminators that contain, as a sealed source or sources, radioactive material
					 consisting of a total not more than 500 MCi (18.5 MBq) of polonium-210 per
					 device.
b. Devices designed for
					 ionization of air that contain, as a sealed source or sources, radioactive
					 material consisting of a total not more than 500 MCi (18.5 MBq) of polonium-210
					 per device or a total of not more than 50 mCi (1.85 GBq) of hydrogen-3 per
					 device.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 4 - Specific Licenses › Section 12VAC5-481-450 - General requirements for the issuance of specific licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. A license
					 application will be approved if the agency 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 these regulations 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;
4. The applicant has
					 described in the application how facility design and procedures for operation
					 will minimize, to the extent practicable, contamination of the facility and the
					 environment, facilitate eventual decommissioning, and minimize, to the extent
					 practicable, the generation of radioactive waste;
5. Licensees shall, to the extent practical,
					 conduct operations to minimize the introduction of residual radioactivity into
					 the site, including the subsurface, in accordance with this chapter;
					 and
6. The applicant satisfies any
					 applicable special requirements in
					 12VAC5-481-460,
					 12VAC5-481-470,
					 12VAC5-481-480,
					 or Part V (12VAC5-481-1170 et seq.),
					 Part VII (12VAC5-481-1660
					 et seq.), Part XI (12VAC5-481-2330
					 et seq.), Part XII (12VAC5-481-2660
					 et seq.), Part XIV (12VAC5-481-3140 et seq.),
					 or Part XVI (12VAC5-281-3460 et seq.) of this chapter.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 4 - Specific Licenses › Section 12VAC5-481-490 - Issuance of specific licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Upon a determination that an application meets the requirements of the Act and
					 the regulations of the agency, the agency will issue a specific license
					 authorizing the proposed activity in such form and containing such conditions
					 and limitations as it deems appropriate or necessary.
B. The agency 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 part as it deems appropriate or necessary in order to:
1. Minimize danger to public health and
					 safety or property;
2. 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
3. Prevent loss or theft of material subject
					 to this part.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 4 - Specific Licenses › Section 12VAC5-481-500 - Specific terms and conditions of licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each license issued pursuant to this part
					 shall be subject to all the provisions of the Act, now or hereafter in effect,
					 and to all rules, regulations, and orders of the agency.
B. No license issued or granted under this
					 part and no right to possess or utilize radioactive material granted by any
					 license issued pursuant to this part 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
					 agency shall, after securing full information find that the transfer is in
					 accordance with the provisions of the Act, now or hereafter in effect, and to
					 all valid rules, regulations, and orders of the agency, and shall give its
					 consent in writing.
A request for license transfer shall include (i) the
						identity, technical, and financial qualifications of the proposed transferee
						and (ii) financial assurance for decommissioning information required under
						12VAC5-481-450
						C.
C. Each person licensed
					 by the agency pursuant to this part shall confine use and possession of the
					 material licensed to the locations and purposes authorized in the
					 license.
D. Each licensee shall
					 notify the agency in writing when the licensee decides to permanently
					 discontinue all activities involving materials authorized under the
					 license.
E. Each licensee shall
					 notify the agency in writing immediately following the filing of a voluntary or
					 involuntary petition for bankruptcy under any Chapter of Title 11 (Bankruptcy)
					 of the United States Code by or against:
1.
					 The licensee;
2. An entity (as that
					 term is defined in
					 11
					 USC §
													101(15) )
					 controlling the licensee or listing the license or licensee as property of the
					 estate; or
3. An affiliate (as that
					 term is defined in
					 11
					 USC §
													101(2) ) of the
					 licensee.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 4 - Specific Licenses › Section 12VAC5-481-510 - Expiration and termination of licenses and decommissioning of sites and separate building or outdoor areas

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Except as provided in
					 12VAC5-481-520, a specific license
					 shall expire at the end of the specified day in the month and year stated in
					 the license. If an application for license renewal has been filed at least 30
					 days prior to the expiration date stated in the existing license and the agency
					 denies the renewal application, the license shall expire on the date as stated
					 in the determination of denial. If an application for license renewal is filed
					 less than 30 days from the expiration date stated in the existing license, the
					 agency may deny the renewal application and the license shall expire on the
					 expiration date stated in the license.
B. A specific license revoked by the agency
					 expires at the end of the day on the date of the agency's final determination,
					 or on the expiration date stated in the determination, or as otherwise provided
					 by an agency order.
C. A specific
					 license remains valid, with respect to possession of radioactive material,
					 until the agency notifies the licensee in writing that the license is
					 terminated. While the license is valid, the licensee shall do all of the
					 following:
1. Limit actions involving
					 radioactive material to those related to decommissioning and other activities
					 related to preparation for release for unrestricted use.
2. Continue to control entry to restricted
					 areas until they are suitable for release for unrestricted use and the agency
					 notifies the licensee in writing that the license is terminated.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 4 - Specific Licenses › Section 12VAC5-481-520 - Renewal of licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Applications for renewal of specific licenses shall be filed in accordance with
					 12VAC5-481-440.
B. 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 final action by
					 the agency.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 4 - Specific Licenses › Section 12VAC5-481-530 - Amendment of licenses at request of licensee

Current through Register Vol. 40, No. 24, July 15, 2024
Amendment requests for a license shall be filed in
						accordance with
						12VAC5-481-440 and shall specify
						the respects in which the licensee desires the license to be amended and the
						grounds for such amendment.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 4 - Specific Licenses › Section 12VAC5-481-540 - Agency action on applications to renew or amend

Current through Register Vol. 40, No. 24, July 15, 2024
In considering an application by a licensee to renew or
						amend the license, the agency will apply the criteria set forth in
						12VAC5-481-450 through
						12VAC5-481-480 and in Parts V
						(12VAC5-481-1170 et seq.), VII
						(12VAC5-481-1660 et seq.), XI
						(12VAC5-481-2330 et seq.), XII
						(12VAC5-481-2660 et seq.), XIV
						(12VAC5-481-3140 et seq.), or XVI
						(12VAC5-481-3460 et seq.) of this
						chapter, as applicable.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 5 - Licenses Held at the Time of the Effective Date of These Regulations › Section 12VAC5-481-550 - Persons possessing a license for source, byproduct, or special nuclear material in quantities not sufficient to form a critical mass on effective date of these regulations

Current through Register Vol. 40, No. 24, July 15, 2024
Any person who, on the effective date as stated in
						12VAC5-481-160, 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 NRC, shall
						be deemed to possess a like license issued under this part and the Act, such
						license to expire either 90 days after receipt from the agency of a notice of
						expiration of such license, or on the date or expiration specified in the NRC
						license, whichever is earlier.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 5 - Licenses Held at the Time of the Effective Date of These Regulations › Section 12VAC5-481-560 - Persons possessing NARM on effective date of these regulations

Current through Register Vol. 40, No. 24, July 15, 2024
Any person who, on September 20, 2006, possesses NARM for
						which a specific license is required by the Act or this part shall be deemed to
						possess such a license issued under the Act and this part. Such license shall
						expire 90 days after September 20, 2006; 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 agency.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 6 - Transfer of Material › Section 12VAC5-481-570 - Transfer of material

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 licensee shall transfer radioactive material except as authorized pursuant to
					 this section.
B. Except as
					 otherwise provided in the license and subject to the provisions of subsections
					 C and D of this section, any licensee may transfer radioactive material:
1. To the agency only after receiving prior
					 approval from the agency.
2. To the
					 United States Department of Energy;
3. To any person exempt from these
					 regulations to the extent permitted under such exemption;
4. 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 agency, the NRC, or
					 another agreement state, or to any person otherwise authorized to receive such
					 material by the federal government or any agency thereof, the agency, or
					 another agreement state; or
5. As
					 otherwise authorized by the agency in writing.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 7 - Records › Section 12VAC5-481-571 - Receipt, transfer and disposal records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Record retention
.
A
					 licensee shall retain records required by
					 12VAC5-481-100 or by license
					 condition. If a retention period is not otherwise specified by this chapter or
					 license condition, the record shall be retained until the agency terminates
					 each license.
B. Transfer of
					 records to the agency
.
Prior to license termination, a
					 licensee authorized to possess radioactive material, in an unsealed form, with
					 a half-life greater than 120 days, shall forward to the agency all records of
					 disposal of licensed material made under
					 12VAC5-481-910 to
					 12VAC5-481-950, including burials
					 authorized before January 28, 1981, and the results of measurements and
					 calculations required by
					 12VAC5-481-1000.
C. Transfer of records to new licensee.
1. If licensed activities are transferred or
					 assigned in accordance with
					 12VAC5-481-570, each licensee
					 authorized to possess radioactive material in unsealed form, with a half-life
					 greater than 120 days, shall transfer the following records to the new
					 licensee:
a. Records of disposal of licensed
					 material made under
					 12VAC5-481-910 to
					 12VAC5-481-950, including burials
					 authorized before January 28, 1981.
b. Records of the results of measurements and
					 calculations required by12VAC5-481-1000.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 8 - Modification and Revocation of Licenses › Section 12VAC5-481-580 - Modification and revocation of licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. 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,
					 regulations, and orders issued by the agency.
B. Any license may be revoked, suspended, or
					 modified, in whole or in part, for any 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 that would warrant the agency 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, regulation, or order of the agency.
C. 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 that may warrant such action shall have
					 been called to the attention of the licensee in writing and the licensee shall
					 have been accorded an opportunity to demonstrate or achieve compliance with all
					 lawful requirements.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 9 - Reciprocity › Section 12VAC5-481-590 - Reciprocal recognition of licenses

Current through Register Vol. 40, No. 24, July 15, 2024
Licenses of radioactive, source, and special nuclear
						material in quantities not sufficient to form a critical mass.
1. Subject to these regulations, any person
					 who holds a specific license from the NRC or another Agreement 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 the Commonwealth for a
					 period not in excess of 180 days during the one-year reciprocal approval
					 period, 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 agency using Applications for Reciprocal
					 Recognition of Out-of-State Radioactive Materials License and Reciprocity
					 Notification forms at least three 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 three-day period
					 would impose an undue hardship on the out-of-state licensee, the licensee may,
					 upon application to the agency, obtain permission to proceed sooner. The agency
					 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 this subdivision;
c.
					 The out-of-state licensee complies with all applicable regulations of the
					 agency and with all the terms and conditions of the licensing document, except
					 any such terms and conditions that may be inconsistent with applicable
					 regulations of the agency;
d. The
					 out-of-state licensee supplies such other information as the agency may
					 request;
e. The out-of-state
					 licensee shall not transfer or dispose of radioactive material possessed or
					 used under the general license provided in this subdivision except by transfer
					 to a person:
(1) Specifically licensed by the
					 agency, the NRC or another Agreement state to receive such material,
					 or
(2) Exempt from the requirements
					 for a license for such material under
					 12VAC5-481-400
					 A; and
f. The
					 out-of-state licensee submits the payment required by
					 12VAC5-490-40
					 to the agency.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part IV - Standards For Protection Against Radiation › Article 1 - General Provisions › Section 12VAC5-481-600 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
A. Part IV
					 (12VAC5-481-600 et seq.) of this
					 chapter establishes standards for protection against ionizing radiation
					 resulting from activities conducted pursuant to licenses or registrations
					 issued by the agency. These regulations are issued pursuant to the Act, as
					 amended.
B. The requirements of
					 Part IV (12VAC5-481-600 et seq.) of this
					 chapter are designed to control the receipt, possession, use, transfer, and
					 disposal of sources of radiation by any licensee or registrant so the total
					 dose to an individual, including doses resulting from all sources of radiation
					 other than background radiation, does not exceed the standards for protection
					 against radiation prescribed in Part IV (12VAC5-481-600 et seq.) of this
					 chapter. However, nothing in Part IV (12VAC5-481-600 et seq.) of this
					 chapter shall be construed as limiting actions that may be necessary to protect
					 health and safety in an emergency.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part IV - Standards For Protection Against Radiation › Article 1 - General Provisions › Section 12VAC5-481-610 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
Except as specifically provided in other parts of these
						regulations, Part IV (12VAC5-481-600 et
						seq.) of this chapter applies to persons licensed or registered by the agency
						to receive, possess, use, transfer, or dispose of sources of radiation. The
						limits in Part IV (12VAC5-481-600 et seq.) of this
						chapter do not apply to doses due to background radiation, to exposure of
						patients to radiation for the purpose of medical diagnosis or therapy, or to
						voluntary participation in medical research programs.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part IV - Standards For Protection Against Radiation › Article 1 - General Provisions › Section 12VAC5-481-620 - Implementation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any existing
					 license or registration condition that is more restrictive than Part IV
					 (12VAC5-481-600 et seq.) of this
					 chapter remains in force until there is an amendment or renewal of the license
					 or registration.
B. If a license or
					 registration condition exempts a licensee or registrant from a provision of
					 Part IV (12VAC5-481-600 et seq.) of this
					 chapter in effect on or before September 20, 2006, it also exempts the licensee
					 or registrant from the corresponding provision of Part IV (12VAC5-481-600 et seq.) of this
					 chapter.
C. If a license or
					 registration condition cites provisions of Part IV (12VAC5-481-600 et seq.) of this
					 chapter in effect prior to September 20, 2006, which do not correspond to any
					 provisions of Part IV (12VAC5-481-600 et
					 seq.) of this chapter, the license or registration condition remains in force
					 until there is an amendment or renewal of the license or registration that
					 modifies or removes this condition.
Statutory Authority
§ 32.1-229 of the Code of Virginia.