ML19238A295

CA Published Regulations

ML19238A295
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Issue date:	10/01/2021
From:	Michelle Beardsley NRC/NMSS/DMSST
To:	State of CA
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Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30100 Subchapter 4.

Radiation Group 1.

General Article 1.

Definitions

§ 30100.

General Definitions.

As used in subchapter 4:

(a) "Act" means the "Radiation Control Law", Health and Safety Code, Division 104, Part 9, chapter 8, sections 114960 et seq.

(b) "Agreement State" means any state with which the United States Atomic Energy Commission or Nii clear Regulatory Commission has en-tered into an effective agreement under section 2746 of the Atomic Ener-gy Act of 1954, Title 42, United States Code, section 202 l(b) (formerly section 274(b)).

(c) "Decommission" means to remove safely from service and reduce residual radioactivity to a level thatpennits release of the property for un-restricted use and termination of the license.

(d) "Department" means the California Depmtment of Public Health.

(e) "Depleted uranium" means the source material uranium in which the isotope uranium-235 is less than 0.711 weight percent of the total ura-nium present. Depleted uranium does not include special nuclear materi-al.

(f) "Hazardous radioactive material," as used in section 33000 of the California Vehicle Code and I 14820(d) of the Health and Safety Code means any "highway route controlled quantity" of radioactive material as sucb material is defined in title 49, Code of Federal Regulations, sec-tion 173.403.

(g) "Human use" means the internal or external administration of radi-ation or radioactive materials to human beings.

(h) "Installation" means the location where one or more reportable sources of radiation are possessed.

(i) "License," except where otherwise specified, means a license is-sued pursuant to group 2, Licensing of Radioactive Material.

U) "Other official agency specifically designated by the Department

means an agency with whicb the Department has entered into an agreeM ment pursuant to section 114990 of the Health and Safety Code.

(k) "Person" means any individual, corporation, partnership, limited liability company, firm, association, trust, estate, public or private insti-ttltion, group, agency, political subdivision of this State, any other state or political subdivision or agency thereof, and any legal successor, repre-sentative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, the United States Depmtment of Ener-gy, or any successor thereto, and other than Federal Government agen-cies licensed by the United States Nuclear Regulatory Commission, un-der prime contract to the United States Department of Energy, or any successor thereto.

(!) "Personnel monitoring equipment" means devices designed to be worn or carried by an individual for the purpose of measuring the dose received by that individual (e.g., film badges, pocket chambers, pocket dosimeters, film rings, etc.).

(m) "Possess" means to receive, possess, use, transfer or dispose ofra-dioactive material pursuant to this regulation.

(n) "Possessing a reportable source of radiation" means having physi-cal possession of, or otherwise having control of, a reportable source of radiation in the State of California.

(o) "Radiation" (ionizing radiation) means gamma rays and X-rays; alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultraviolet light.

(p) "Radiation machine" means any device capable of producing radi-ation when the associated control devices are operated, but excluding de-vices which produce radiation only by the use of radioactive material.

(q) "Radioactive material" means any material which emits radiation spontaneously.

(r) "Registrant" means any person who is registering or who has regis-tered with the Department pursuant to group 1.5, Registration of Sources of.Radiation.

(s) "Reportable sources of radiation" means either of the following:

(1) Radiation machines, when installed in such manner as to be capa-ble of producing radiation.

(2) Radioactive material contained in devices possessed pursuant to a ge_neral license under provisions of sections 30192.1 and 30192.6.

(t) "Research and developillent" means theoretical analysis, explora~

tion, experimentation or the extension of investigative findings and scientific or technical theories into practical application for experimental or demonstration purposes, including the experimental production and testing of models, prototype devices, materials and processes; but shall not include human use.

(u) "Sealed source" means any radioactive material that is permanent-ly encapsulated in such manner that the radioactive material will *not be released under the most severe conditions likely to be encountered by tbe source.

(v) "Source of radiation" means a discrete or separate quantity of ra-dioactive material or a single radiation machine.

(w) _"Special nuclear material" means:

(I) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the is_otope 235, and any other material which the Department declares by rule to be special nuclear material after the United States Nuclear Reg-ulatory Cornffiiss!on, or any successor thereto, has determined the mate-rial to be s_uch, but does not include source material; or (2) Any material artificia_lly enriched by any of the foregoing, but does not include source material.

(x) "Specific license" means a license or the equivalent document is-sued to a named person by the Department or by the Nuclear Regulatory C-:ommission or by any other Agreement State.

(y) "This regulation" means: Califo1i1ia Code of Regulation$, Title 17, Division 1, Chapter 5, Subchapter 4.

(z) "User" means any person who is licensed to possess radioactive material or who has registered as possessing a repo11able source of radi-ation pursuant to groups 1.5 and 2 of this subchapter, or who otherwise possesses a source of radiation which is subject to such Ii censure or regis-tration.

(aa) "Worker" means any individual engaged in activities subject to this regulation and controlled by a user, but does not include the user.

NOTE: Authority cited: Sections 114975, 115000 and I 31200, Health and Safety Code.

Reference:

Sections 114965, 114970, 114985, I 15060, I 3 ! 050, l 31051 and 131052, Health and Safety Code.

HISTORY I. Repealer of group 1 and new group I (,;ections 30100 through 30 J 46) filed I 1-29-65; effective thirtieth day thercaller (Register 65, No. 23). For prior his-tories, sec Registers 62, No. l a11d 62, No. 8.

2. Repealer and new section filed 11-25-85; effective lhirtieth day thereafter (Register 85, No. 48).

3. Change without regulatory effect of subsection (ac)(2) (Register 88, No. 6).

4. Amendment of subsection (j), relcttering of former subsections (p)-(ap) to sub-

<>cctions (q)-(aq), and new subsection (p) filed 9-5-89; operative 10-5-89 (Register 89, No. 36).

5. New subsection (k) andredcsignalion of former sections (k) through (aq) tosub-seclions ({) through (ar) filed 4-19--91; operative 5-19-9 I (Register 91, No.

20).

6. Editorial correction of printing error in subsections (q)-(ar) (Register 91, No.

30).

7. Change without regulatory effect amending subsection (an) filed I 1-!-91 pur-suant to section I 00, title 1, California Code of Regulations (Rcgisler 92, No.

5).

8. Amendment of section and NOTE filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9), A Certificate of Compliance must be transmilted to OAL by 7-1-94 or emergency language will be repealed by operation of law on the following day.

9. Certificate of Compliance as to 3-3--94 order transmitted to OAL 6-7-94 allC[

liled 7-14-94 (Register 94, No. 28).

JO. Amendment of subsection (a), new subsection (c) and subsection rclcttcring filed I 0-! 6--95 as an emergency; operative ! 0-! 6--95 (Register 95, No. 42), A Page 175 Register 2015, No. 25; 6-19-2015

§ 30102 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 Certificate of Compliance musl be transmitted to OAL by 2-13-96 or emergen-cy language will be repealed by operatlon of law on the following day,

11. Certificate of Compliance as to I 0-16-95 order, including amendment of sub-sections (a), (f) and (k) and of Nor£, transmlttcd to OAL 2-9-96 and filed 3-25-96 (Register 96, No. 13).

12. Amendment of subsection (q) and NoTE filed 6--22-2005 as an emergency; op-erative 6-22-2005 (Register 2005, No. 25), A Certificate of Compliance must be transmitted to OAL by 10-20-2005 or emergency language will be repealed by operation of law on the following day.

13. Certificate of Compliance as to 6-22-200,5 order transmitted to OAL 9-20-2005 and filed 10-18-2005 (Register 2005, No. 42).

14. Amendment of subsection (a) filed 7-20-2006; operative 8-19-2006 (Regis-ter 2006, No. 29).

1 5. Amendment of subsections (d) and (f) and NOTE filed 4-24-2009; operative 5-24-2009 (Register 2009, No. 17).

16. Repcalciof subsections U)-U)(6), subsection rele'ttering, amendment of newly designated subsections (k), (s)(2), (y) and (na) and amendment of NOTE filed 10-]3-2010; operative 1-1-201 l (Register 2010, No.-42).

§ 30102.

Registration Requirement. [Repealed]

HISTORY I. Renumbering and amendment of former Section 30 I 02 to Section JO l 08 filed

] 1-25-85; effective thirtieth day tl1ercaftcr (Register 85, No. 48).

§ 30103.

Communications. [Repealed]

HISTORY I. Amendment fi.1ed 1-22-76; effective thirtieth day thereafter (Register 76, No.

4).

2. Repealer filed 1 !-25-85; effective thirtieth day thereafter(Registcr 85,No. 48).

Article 2.

Exemptions and Enforcement

§ 30104.

Exemptions.

(a) The Department may, upon application by any user, or upon its own initiative, grant such exemptions from the requirements ofthis regu-lation as it detennines are authorized by law and will not result in undue hazard to health, life or property. Applications for exemptions shall spec-ify why such exemption is necessary.

(b) Before granting an exemption, the Depa11ment shall determine that there is reasonable and adequate assurance that:

(I) the doses to any individual in any controlled area will not exceed those specified in Section 30265; (2) the dose to the whole body of any individual in an uncontrolled area will not exceed 0.5 rem in a year; (3) The deposition ofra<lioactive material in the body ofany individual will not likely result in a greater risk to the individual than would be ex-pected from the dose specified in Section 30104 (b )(1) or (2), as appropri-ate, based on guidance from such bodies as the International Commission on Radiological Protection, and the National Council on Radiation Pro-tection and Measurements; and (4) there is no significant hazard to life or property.

NOTE: Authority cited: Sections l l 4975, 115000 and 131200, Health and Safety Code.

Reference:

Sections 115060, 115235, 131050, 131051 and ! 31052, Health and Safety Code.

HISTORY

1. Renumbering and amendment of fom1er section 30345 to article 2 (section 30104) filed l l-25-85; effective thirtieth day thereafter (Register 85, No. 48).

2. Change without rcgulato1y effect of subsection (b)(3) (Register 87, No. 4).

3. Change without regulatory effocl amending subsections (b) and (b)(3) filed l ]-1-91 pursuant lo section 100, title 1, California Code of Regulations (Regis-ter 92, No. 5).

4. Repealer and new NOTE filed 6-15-2015; operative 6-15-2015. Submilted to OAL for filing and printing only pursuant to Health and Safety Code section l 00425 (Register 2015, No. 25).

§ 30105.

Deliberate Misconduct.

(a) A user, applicant for a license or registration, employee of a user or applicant, or any contractor (including a supplier or consultant), sub~

contractor, employee of a contractor or subcontractor of any user or ap-plicant for a license or registration, who \\mowingly provides to any user, applicant, contractor, or subcontractor, any components, equipment, ma-terials, or other goods or services that relate to a user's or applicant's acti-vities subject to this regulation, shall not:

{ 1) Engage in deliberate misconduct, as defined in subsection (c), that ca11ses or would have caused, if not detected, a user or applicant to be in violation of any rule, regulation, or order;,or any term, condition, or li-mitation of any license issued by the Depaftment;-or (2) Deliberately submit tci the Department, a l1ser, an applicant, or a user's or applicant's contractor or subcontractor, information that the person submitting the infonnation knows to be _incomplete or inaccurate in some respect material to the Department, (b) A person who violates subsection (a) shall be subject to enforce-ment action in accordance with the Act.

(c) For the purposes of subsection (a), deliberate misconduct by a per-son means an intentional act or omission that the person knows:

( I) Would cause a user or applicant to be in violation of any rule, regu-lation, or order, or any tem1, condition, or limitation, or any license or registration issued by the Department; or (2) Constih1tes a violation of a requirement, procedure, instruction, contract, purchase order, or policy ofa user, applicant, contractor, or sub-contractor.

NOTE: Authority cited: Sections 100170, 100275, 115000, 115230 and 115235, Health and Safety Code. Refere1H;e°; Sections 114965,"* J l-4970, 115000, 11521 ~.

115230 and 1 ! 5235, Health and Safety Code.

HISTORY I. New section filed 12-29-2005; operative 1-28-2006 (Register 2005, No. 52).

For prior history of former article 2. (section 30105), see Register 85, No. 48.

Group 1.5.

Registration of.Sources of Radiation Article 1.

Registration Procedure

§ 30108.

Registration Requirement.

Every person possessing a reportable source of radiation shall register with the Department in accordance with the provisions of this Group.

NOTE: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code.

Reference:

Sections 115060, 131050, 13 I 051 and 131052, Health and Safe-ty Code.

HISTORY I. Renumbering and amendment of former Section 30 l 02 to Section 30 I 08 and designation of new Group 1.5 (Sections 30108-30146, not consecutive) filed l 1-25-85; effective thirtieth day thereafter (Register 85, No. 48).

2. Amendment of section and NOTE filed 6-8-2011; opcrative7-8-201 l (Register 2011, No. 23).

§ 30108.1.

Registration and General Provisions for Persons Possessing Devices Under Sections 30192.1 and 30192.6.

(a) A person required to register pursuant to sections 30192.1 (d)( 1) or 30192.6(b)( I) shall, within 30 calendar days of taking possession of a de-vice or product, submit to the Department the following:

(1) Legal name, mailing address, and telephone number of the register-ing person. If renewing registration, the registration number previously issued to the registrant shall also be included; (2) For each device subject to section 30192.1:

(A) The manufacturer's name, serial number, model number, the ra-dioisotope, and the radioisotope's activity (as indicated on the device's label). For devices used in a fixed location, the physical address of each location where a device is used and the total number of devices at each location shall be submitted. For portable devices, the physical address of each primary place of storage and the total number of devices stored at each location shall be submitted. If renewing registration and there has b'een no change in the previously indicated devices, indicate that no change has occurred; (B) Name, title, and telephone number, if different than the number specified in subsection (a)(l), of the individual appointed pursuant to section 30192.l(d)(IS);

Page 176 Register 2015, No. 2.5; 6-19-2015

Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30118 (C) Name and license number of the distdbutor from whom the device was obtained; and (D) Signature and date of signature of the individual identified in sub-section (a)(2)(B ), attesting to the following statement:

"I [insert name as it appears in response to subsection (a)(2)(B)] attest that I am aware of the requirements of the general license specified in sec-tion 30192.1 of title 17, California Code of Regulations, and that the in-formation provided concerning the device or product has been verified through a physical inventory and checking of label information."

(3) For persons possessing devices subject to section 30192,6:

(A) A statement that the registrant has, pursuant to section 30192.6(b)(3), developed, implemented, and will continue to maintain procedures designed to establish physical control over the depleted ura-nium described in section 30192.6(a), and designed also so as to prevent transfer of such depleted uranium in any form, including metal scrap, to persons not authorized to receive the depleted uranium; and (B) Name, title, and telephone number, if different than the number specified in subsection (a)(l), of the individual appointed pursuant to section 30192.6(b)(4);

(4) Except for persons possessing devices pursuant to section 30192.6, the registration fee specified in section 30145.

(b) Each person shall renew registration annually on or before the cur-rent registration's expiration date, by submitting to the Department all re-quired items in subsection (a).

(c) In lieu of the requirements in section 30115, within 30 calendar days of the occurrence of the event, each person registered pursuant to this section shall notify the Department of any change in the information submitted in response to subsecti.on (a), including discontinuance of use of a device or product.

NOTE: At1thority cited: Sections l 14975, J 15000 and l 31200, Health and Safety Code,

Reference:

Sections l [5000, 115060, 115065, 115230, 115235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY

l. New section file<l 6-8-2011; operative 7-8-2011 (Register 2011, No. 23).

§ 30110.

Initial Registration.

(a) Every person not already registered who acquires a reportable source of radiation shall register with and pay the fee as specified in Sec-tion 30145 to the Department within 30 days of the dale of acquisition.

(b) Every person who intends to acquire a radiation machine capable of operating at a potential in excess of 500 kVp shall notify the Depart-ment at least 60 days prior to his/her possession of the machine or at least 60 days prior to the commencement of constrnction or reconstruction of the room which will house the machine, whichever occurs first. This equipmenL shall not be used to treat patients until written approval of pro-visions for radiation safety has been obtained by the user from the De-partment.

(c) Every person who registers or renews a registration shall complete a separate registration form furnished by the Department for each sepa-rate installation.

NOTE: Authority cited: Sections 114975, I 15000(c), 115080, 115085 and 131200, Health and Safety Code.

Reference:

Sections l 15060(b), 131050, 13 !051 and 131052, Health and Safety Code.

HISTORY

1. Amendment filed 6-24-80; effective th~rtieth day thereafter (Register 80, No.

26).

2. Amendment filed 11-25-85; effective thirtieth clay thereafter (Register 85, No.

48)

3. Amcn<lmenl of subsection (a) filed 11-1-93 as an emergency; operative 11-l-93 (Register 93, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-1-94 or emergency language will be repealed_ by operation o[ :aw on the following day.

4. Ce11ificate of Compliance as to l 1-1-93 order transmitted to OAL 2-24-94; disapproved by OAL 4-7-94 (Register 94, No. 27).

5. Amendment of subsection (a) refiled 7-D-94 as an emergency; operative 7-6-94 (Register 94, No. 27). A Certifirnte of Compliance must be transmitted to OAL by \\ l-3-94 or emergency language will be repealed by operation of law on the following day.

6. Ce11ificate of Compliance as to 7-6-94 order transmitted to OAL 6-30-94 and filed 7-20-94 (Register 94, No. 29).

7. Repealer and new Norn liled 6-15-2015; operative 6-15-2015. Submitted to OAL for filing and printing only pursuant to Health and Safety Code section I 00425 (Register 20 l5, No. 25).

§ 30111. Renewal of Registration.

Every person already registered pursuant to 301 l O shall renew such registration annually and pay the fee as specified in Section 30145 to the Department on or before the registration renewal date.

NOTE: Authority cited: Sections 100275 and 115000(c), Health and Safety Code.

Reference:

Section 115060(b), Health and Safety Code, HISTORY

1. Amendment filed l l-25-85; effective thirtieth day thereafter (Register 85, No.

48).

2. Repealer and new section and amendment of NoTE liled l-20-99; operative 2-19-99 (Register 99, No. 4).

§ 30112. Registration Form. [Repealed]

HISTORY I. Repealer filed 11-25-85; effective thiitieth day thereafter (Register 85, No. 48).

§ 30113. Separate Installations. [Repealed]

HISTORY

1. Repealer filed 11-25-85; effective thirtieth day thereafter (Register 85, No. 48).

§ 30115.

Report of Change.

Except for persons subject to section 30108.1, the registrant shall re-port in w1iting to the Department, within 30 days, any change in: regis-trant's name, registrant's address, location of the installation, or receipt, sale, transfer, disposal, or discontinuance of use of any reportable source of radiation.

NOTE: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code.

Reference:

Sections l 15060, 131050, 131051 and 131052, Health and Safe-ty Code.

HISTORY

l. Amendment filed 6-24-80; effective thirlieth day thereafter (Register 80, No.

26).

2. Amendment filed 11-25-85; effective thirtieth clay thereafter (Register 85, No, 48).

3. Amendment of section and NOTE filed 6-8-201 l; operative 7-8-2011 (Register 201 I. No. 23).

§ 30116. Report of Discontinuance. [Repealed]

HISTORY

1. Repealer filed 11-25-85; effective thirtieth day thereafter (Register 85, No. 48).

§ 30117. Registration Shall Not Imply Approval. [Repealed]

HISTORY

1. Repealer filed 11-25-85; effective thittieth day thereafter (Register 85, No. 48).

§ 30118.

Vendor Obligation.

(a) Any manufaclurer, distributor, retailer, agent, or any other person who sells, leases, transfers or lends a radiation machine to any person who may be required to register such machine shall notify the Depart-ment on a form approved by the Department no later than 30 days after the end of each calendar quarter of:

(1) The names and addresses of persons who have received such ma-chines.

(2) The manufacturer and model of each such machine.

(3) The date of transfer of each radia!:lon machine.

(4) Other related information as may be required by the Department.

(b) The vendor shall inform the receiver of each machine of the regis-tralion requirements of Section 301-08 of these regulations.

NOTE: Authority cited: Sections 114975, l 15000(c_) and 131200, Health and Safe-ty Code.

Reference:

Sections 115060(b), 131050, 131051 and 131052, Health and Safety Code.

HISTORY I. New section filed 9-4-73 as an emergency; effective upon filing (Register 73, No. 36). Approved by State Building Standards Commission 11-30-73.

2. Ce1iificate of Compliance filed 12-28-73 (Register 73, No. 52).

3. Editorial correction of NOTE filed 7-12-84 (Register 84, No. 28).

4. Change without regulatory effect of subsection (b) (Register 88, No. 6).

5. Repealer and new NOTE filed 6-15-2015; operative 6-15-2015. Submitted to OAL for filing and printing only pursuant to Health and Safety Code section I 00425 (Register 2015, No. 25).

Page 177 Regi~ter 20\\S. No. l I; 3-16-2018

§ 30120 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17

§ 30120. Reportable Sources of Radiation. [Repealed]

HISTORY

1. Repealer of Article 4 (Section 30120) filed 11-25-85; effective thirtieth day thereafter (Register 85, No. 48).

Article 2.

Exclusions from Registration

§ 30125.

Excluded Material and Devices.

The following devices and materials do not require registration:

(a) E1ectrical equipment that produces radiation incidental to its opera-tion for other purposes, but which does not produce radiation in any area accessible to individuals such that there is a reasonable likelihood that any individual will receive a radiation dose to the whole body, head and trunk, gonads, or lens of the eye or active blood-forming organs in excess of 0.5 rem in a year.

(b) All radioactive materials except as specified in sections 30192.1 and 30192.6.

NOTE: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code.

Reference:

Sections 1 l 5060(c), 131050, 131051 and 131052, Health and Safety Code.

HISTORY

l. New NoTE filed 7-12-84 (Register 84, No. 28).

2. Editorial renumbeting of former article 5 to article 2 (Register 85, No. 48).

3. Change without regulatory effect amending subsection (b) filed 11-1-91 pur-suant to section 100, title l, California Code of Regulations (Register 92, No.

5).

4. Amendment of section and NOTE filed 6-8-20[ l; operative 7-8-2011 (Register 2011, No. 23).

§ 30126.

Exempt Possessors.

Common and contract carriers are exempt from the requirement to reg-ister to the extent that they transport or store reportable sources of radi-ation in the regular course of their caniage for another or storage incident thereto.

NOTE: Authority cited: Sections 114975, I 15000(c) and 131200, Heallh mH.l Safe-ty Code.

Reference:

Sections 115060(b), 131050, 131051 and I 31052, Health and Safety Code.

HISTORY

1. Amendment filed 11-25-85; effective thirtieth day thereafter (Register 85, No.

48).

2. Repealer and new Norn f11ed 6-15-2015; operative 6-15-2015. Submitted to OAL for filing and printing only pursuant to Health and Safety Code section I 00425 (Register 2015, No. 25).

Article 3.

Records [Repealed]

§ 30130.

Radiation Protection Standards. [Repealed]

HISTORY

1. Repealer of Section 30130 and renumbering of Article 6 to Article 3 filed 11-25-85; effeclive thi1tieth day thereafter (Register 85, No. 48).

§ 30131.

Records to be Maintained. [Repealed]

Norn: Aulhorily cited: Sections 100275 and 115000, Health and Safety Code.

Reference:

Section 115060, Health and Safety Code.

HISTORY

1. Amendment 111cd 11-25-85; effective thi1tieth day thereafter (Register 85, No.

48).

2. Repealer of section and amendment of NOTE filed 9-9-97; operative 10-9-97 (Register 97, No. 37).

§ 30140.

Violations. [Repealed]

HISTORY

1. Repealer of Article 7 (Section 30140) 11lcd 11-25-85; effective thirtieth day thereafter (Register 85, No. 48).

Article 4.

Fees

§ 30145.

Registration Fees.

(a) Each radiation machine that is a reportable source of radiation as defined in section 30100, is classified as one of the following:

(1) "High priority radiation machine," a radiation machine, which has high potential for exposing humans by means of heavy use, high radi-ation exposure, specialized use for radiosensitive areas of the human body, or misadjustment or malfunction of radiation safety features. A high priority radiation machine is further defined as one of the following machine types, or a machine that is used by any of the following catego-ries of users:

(A) Orthopedist.

(B) Radiologist.

(C) Chiropractor.

(D) Hospital.

(E) Medical clinic, (F) Portable X-ray service (human use).

(G) Fluoroscope used on humans.

(H) Chest photofluorography (minifilm unit),

(I) Non-human use particle accelerator with maximum energy capa-ble of equaling or exceeding 10 MeV.

(J) Non-human use radiation machine used in field radiography, as de-fined in section 30330.

(2) "Medium priority radiation machine," a radiation machine not cov-ered by subsections (a)(1), (a)(3) or (a)(4).

(3) "Dental pdority radiation machine," a radiation machine used ex-clusively in dental radiography of human beings.

(4) "Special priodty radiation machine," a radiation machine used for mammography.

(b) When a radiation machine is equipped with two or more tubes that can be used separately, each tube shall be considered as a single radiation machine.

(c) For registration or renewal of registration as a general licensee pur-suant to section 30192. l, the fee shall be $104.00 for each device in pos-session, except that persons possessing such devices under a specific li-cense shall be exempt from this fee.

(d) Except as provided in subsection (e), initial registration shall be valid for a period of one year.

(e) The initial registration period for a reportable source of radiation bci:ig registered by a person who has a reportable source of radiation al-ready registered with the Department shall be coterminous with the exist-ing registration.

(f) Any fees collected for a radiation machine or a device for any regis-tration period shall be transferred to any replacement radiation machine or device for the remainder of the registration period, (g) For initial registration or renewal of registration, the fees shall be

$319.00 annually for each high priority radiation machine, $256.00 an-nually for each medium priority radiation machine, $118.00 annually for each dental pdority radiation machine and, except as provided in section 30145.1, $709.00 annually for each special priority radiation machine.

Where the initial registration period is less than one year pursuant to sub-section (e), the initial registration fee shall be prorated, based on the priority classification and number of full months in the initial registration period in accordance with the following formula:

lnitial Registration Fee~ Ax [Bl (12 Months)]

Where:

A = Annual fee as specified above, dollars per year B = Number of full months remaining in coterminous pe1iod (h) The total registration fee paid by a registrant for high priority, me-dium priority, special priority, and dental priority radiation machines, whtch are at the same installation, shall not exceed $8,949.00 per year.

(_i) A late fee of 25% of the annual fee shall be charged for any registra-tion fee which is 30 days past due.

(j) Fees required by this section shall be nonrefundable.

NOTE: Authority cited: Sections 114975, 115000, [ 15060, 115065, 115080, 115085 and 131200, Health and Safety Code.

Reference:

Sections [ 14980, 115065, 115080, 115085, 115165, 131050, 131051 and 131052, Health and Safe-ty Code.

HISTORY I. Amendment of subsection (a) filed 7-I-75; effective thi1tieth day thereafter (Register 75, No. 27).

Page 178 Register 2018, No. 11; 3-16-20!8

Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30180

2. Amendment filed 4-30-76; effective thirtieth day thereafter (Register 76, No.

I 8).

3. AmeJ1dment filed 7-3-79 as an emergency; effective upon filing (Register 79, No. 27).

4. Certificate of Compliance transmitted to OAL 10-26-79 and filed l l-2-79 (Register 79, No. 44).

5. Amendment filed 11-25-85; effeclive thi1tieth day thereafter (Regisler 85, No.

48).

6. Change without regulatory effect of subsections (a) and (a)(l)(k) (Register 88, No. 6).

7. Amendment of subsection (a) filed 4-19-91; operative 5-19-91 (Register 91, No. 20).

8. Amendment of subsection (a) and NOTE, and adoption of subsections (d)-(f) filed 11-1-93 as an emergency; operative 11-1-93 (Register 93, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-1-94 or emergency language will be repealed by operation of law on the following day.

9. Certificate of Compliance as to 11-1-93 order transmitted to OAL 2-24-94; dlsapproved by OAL 4-7-94 (Register 94, No. 27).

10. Amendment of subsection (a) and Non~ and new subsections (d)-(t) refiled 7-6-94 as an emergency; operative 7-6-94 (Register 94, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-3-94 or emergency language will be repealed by operation of law on the following day.

l l. Certificate of Compliance as to 7-6-94 order transmitted to OAL 6-30-94 and filed 7-20-94 (Register 94, No. 29).

12. Amendment of section and Non: filed 1-20-99; operative 2-19-99 (Register 99, No. 4).

13. Amendment of section heading, section and NOTE filed 6-22-2005 as an emer-gency; operative 6-22-2005 (Register 2005, No. 25). A Certificate of Com-pliance must be transmitted to OAL by !0-20-2005 or emergency language will be repealed by operation of law on the following day.

J 4. Certificate of Compliance as to 6-22-2005 order transmitted to OAL 9-20-2005 and filed 10-18-2005 (Register 2005, No. 42).

15. New subsection (c), subsection relettering, amendment of newly designated subsections (d), (f) and (g) and amendment of NOTE filed 6-8-2011; operative 7-8-2011 (Register 2011, No. 23).

!6. Amendment of subsections (a), (c), (g) and (h) filed 6-15-2015; operative 6-15-2015. Submitted to OAL for filing and plinting only pursuant to Health and Safety Code section 100425 (Register 2015, No. 25).

17. Amendment of subsections (a)(l)(B), (a)(l)(J), (c), (g) and (h) filed 3-JS-2018; operative 3-15-2018. Submitted to OAL for filing and printing only ptlrsuant to Health and Safety Code section 100425 (Register 2018, No.

11).

§ 30145.1.

Registration Fee, Mammography Exception.

The fe.e shall be $421.00 annually for each special priority radiation machine accredited by an independent accrediting agency recognized under the federal Mammography Quality Standards Act [42 U.S.C.

263(b)].

NOTE: Authority cited: Sections 114975, 115000(c), 115080, 115085 and 131200, Health and Safety Code.

Reference:

Sections 115080, I 15085, 131050, 13[051 and 131052, Health and Safety Code.

HISTORY I. New section filed 1-20-99; operative 2-19-99 (Register 99, No. 4).

2. Amendment filed 6-22-2005 as an emergency; operative 6-22-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-20-2005 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as lo 6-22-2005 order transmitted to OAL 9-20-2005 and filed 10-18-2005 (Register 2005, No. 42).

4. Amendment of section and NOTE filed 6-15-2015; operative 6-15-2015. Sub-mitted to OAL for filing and printing only pursuant to Health and Safety Code section 1.00425 (Register 2015, No. 25),

5. Amendment filed 3-15-2018; operative 3-15-2018. Submitted to OAL for fil-ing and printing only pursuant to Health and Safety Code section 100425 (Reg-ister 2018, No. 11).

§ 30146.

Payment of Fee.

Each registration or registralion renewal which reports possession of a radiation machine, and each report of change reporting the receipt of an additional radiation machine, shall be accompanied by an amount to pay the fee for the period to the next regularly scheduled registration re-newal date.

NOTE: Authority cited: Sections I 14975, 1 !5000(c) and 131200, Health and S,Je-ty Code.

Reference:

Sections 115080, 131050, 131051 anJ 13!052, Health and Safety Code.

H[STORY I. Amendment filed 7 75; effective thirtieth t!ay thereafter (Register 75, No 27).

2. Amendment filed 4-30-76; effective thirtielh day thereafter (Register 76, No.

18).

3. New NOTE filed 7-12-84 (Register 84, No. 28).

4. Repealer and new NOTE filed 6-15-20! 5; operative 6-15-2015. Submitted to OAL for filing and printing only pursuant to Health and Safety Code section I 00425 (Register 2015, No. 25).

Group 2.

Licensing of Radioactive Materials Article 1.

General [Repealed]

HISTORY J. Repealer of Article 1 (Sections 30170 through 30173) and new A1ticle I (Sec-tions 30170, 30172 and 30173) filed 11-29-65; effective thirtieth day thereafter (Register 65, No. 23). For prior history, see Registers 62, No. 1 and 62, No. 8.

2. Repealer of article I (Sections 30170-30173) filed 7-8-87; operative 8-7-87 (Register 87, No. 29).

Article 2.

Definitions [Repealed]

HISTORY

1. Repealer and new section filed 11-29-65; effective thirtieth day thereafter (Register 65, No. 23). For prior history, see Registers 62, No. 1 and 62, No. 8.

2. Amendment filed 1-22-76; effective thirtieth day thereafter (Register 76, No.

4).

3. Repealer of article 2 (section 30175) filed 7-8-87; operative 8-7-87 (Register 87, No. 29).

Article 3.

Exemptions

§ 30180. Carriers, Federal Licensees and Prime Contractors.

(a) Common and contract carriers, freight forwarders, warehousemen, and the U.S. Postal Service are exempt from the requirements for a li-cense specified in section 30190 and sections 30191 through 30235, and from Group 3 of this subchapter, to the extent that they transport or store n1dioactive material in the regular course of carriage for another entity or storage incident thereto. Such carriers are subject to the prnvisions of Group 4, TransgorlaLion of Radioactive Material. This exemption does not authorize the export from, or import into, the United States of byprod-uct, source, or special nuclear material.

(b) A pen,on is exempt from this Group if that person is licensed by the United States Nuclear Regulatory Commission (NRC) under Title 10, Code of Federal Regulations, Part 150, Seclion 150.15, Continued Com-mission Regulatory Authority in Agreement States, or as otherwise spe-cified per an agreement between the Department and NRC.

(c) A person is exempt from the requirements for a license set forth in the Act and from section 30190 and sections 30191 through 30235, and from Group 3 of this subchapter to the extent that such person, operating within the confines of the person's prime contract with the NRC or the United States Department of Energy (DOE), manufactures, produces, transfers, receives, acquires, owns, possesses, or uses radioactive materi-al for:

( l) The performance of work for the NRC or DOE at a United States Government-owned (federally-owned) or controlled site, including the transportation of radioactive material to or from such site; (2) The performance of contract services during temporary interrnp-tions of the transportation of radioactive material under paragraph (1 );

(3) Research in, or development, manufacture, storage, testing or transportation of, atomic weapons or components thereof: or

( 4) The operation of nuclear reactors or other nuclear devices in a fed-erally-owned vehicle or vessel.

(d) 1n addition to subsection (c), a p1irne contraclor or subcontractor of the NRC or DOE is exempt from the requirements for a license set forth in the Act and from section 30190 and sections 30191 through 30235, and from Group 3 of this subchapter, to the extent that such prime contractor or subcontractor manufactures, produces, transfers, receives, acquires, owns, possesses, or uses radioactive matctial under his piime contract or subcontract, or lo the extent that the Department and NRC or DOE jointly determine that the exemption of the p1ime contractor or sub-Page 179 Rcgistcr2018.No. l1;3-l6-2018

§ 30180.1 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 contractor is authorized by law and 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.

NOTE: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code.

Reference:

Sections l 14965, 1 [4970, 115000, ! [5060, 115165, 115230, 115235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY

!. Amendment of subsection (c)( l) and new subsection (d)(7) filed 10-12-72; ef-fective thirtieth day thereafter (Register 72, No. 42). For ptior history, see Reg-ister 71, No. 30.

2. Amendment filed 7-7-86; effective thirtieth day thereafter (Register 86, No.

28).

3. Change without regulat01y effect of subsections (b)(15) and (c)(2)-(4) (Register 88, No. 6).

4. Change without regulatory effect amending subsections (b)(l), (b)(l 7), (b)(28),

and (d)(2) filed l \\-J-91 pursuant to section 100, title I, California Code of Reg-ulations (Register 92, No. 5).

5. Editorial cotTection reinserting inadve1tently omitted subsections (c)-(c)(4)

(Register 92, No. 44).

6. Editorial c01Tection of subsection (b)(28)(B) (Register 2003, No. 29).

7. Amendment of section and repealer and new NoTE filed 7-28-2006; operative 8-27-2006 (Register 2006, No. 30).

8. Amendment of section heading, repealer and new section and amendment of NOTE filed 12-30-2014; operative 4-1-2015 (Register 2015, No. I).

§ 30180.1.

Exempt Concentrations.

(a) A person is exempt from the requirements for a license specified in section 30190, sections 30191 through 30235, and from Group 3 of this subchapter, to the extent that such person receives, possesses, uses, trans-fers, owns or acquires products or materials containing radioactive mate-rial in concentrations not in excess of those listed in section 30237.

(b) This section shall not be deemed to authorize the impmt of radioac-tive material or products containing radioactive material.

(c) A manufacturer, processor, or producer of a product or material is exempt from the requirements for a license specified in section 30190 and sections 30191 through 30235, and from Group 3 of this subchapter, to the extent that such person transfers radioactive material contained in a product or material in concentrations not in excess of those specified in section 30237 and introduced into the product or material by a licensee holding a specific license issued by the U.S. Nuclear Regulatory Com-mission (NRC), expressly authorizing such introduction.

(d) The exemptions in this section do not apply to the transfer of radio-active material contained in any food, beverage, cosmetic, dmg, or other commodity or product designed for ingestion or inhalation by, or applica-tion to, a human being.

(e) A person may not introduce radioactive material into a product or material, knowing or having reason Lo believe that it will be transferred to persons exempt under this section, except in accordance with a specific license issued by the NRC pursuant to section 32.11 in title l 0, Code of Federal Regulations, Part 32 ( l O CFR 32). This provision shall not be constmed Lo incorporate by reference 10 CFR 32, section 32.11.

(f) A person is exempt from this subchapLer to the extent that such per-son receives, possesses, uses, transfers, owns or acquires naturally occur-ring radioactive material in concentrations which occur naturally. Refin-ing and processing arc not exempt.

NOTE: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code.

Reference:

Sections 114965, 114970, 115000, 115060, l 15165, 115230, J 15235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY

l. New section filed I 2-30-2014; operative 4-1-20 l5 (Register 2015, No. 1).

§ 30180.2. Certain Items Containing Radioactive Material.

(a) A person who possesses or transfers a timepiece, or a component thereof, which is described as follows is exempt from the requirements for a license specified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter, notwithstanding the fact Lhat the timepiece or component contains radioactive material:

(l) The timepieces or its component hands or dials contains tritium which does not exceed:

(A) 25 millicuries of tritium per timepiece; (B) Five millicuries of tritium per hand; (C) 15 millicuries of tritium per dial (bezels when used shall be consid-ered as part of the dial).

(2) The timepiece, or its component hands or dials, conLains prome-thium 147 which does not exceed:

(A) 100 microcmies per watch or 200 microcuries per any other time-piece; (B) 20 microcuries per watch hand or 40 microcuries per other time-piece hand; (C) 60 microcuries per watch dial or 120 microcuries per other time-piece dial (bezels when used shall be considered as part of the dial).

(3) The hands or dials of the timepiece contain promethium 147 which, when measured through 50 milligrams per square centimeter of absorber, does not exceed:

(A) 0.1 millirad per hour at 10 centimeters from any surface for wrist watches; (B) 0.1 millirad per hour at one centimeter from any surface for pocket watches; and (C) 0.2 millirad per hour at 10 centimeters from any surface for any other timepiece.

(4) An intact timepiece manufactured prior to November 30, 2007 containing radium-226 which does not exceed one microcurie.

(b) A person w~ossesses or transfers a devic~tJ;!.... s.sJcllo..~----*-**a..,

or who possesse~n a device received or acqufred1before December 30, 2014, under the general license then providecfmse'ction 30192, is ex-empt from the requirements for a license specified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter:

C) Static elimination devices containing not more than 500 microcu-ries of polonium-210 per device; (2) Ion generating tubes designed for ionization of air containing not more than 500 microcuries of polonium-210 per device or not more than 50 millicmies of hydrogen-3 (tritium) per device; (c) A person who possesses or transfers a balance of precision contain-ing radioactive tritium is exempt from the requirements for a license spe-

)

cified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter, provided that the balance contains no more than 0.1 millicude of tritium or no more than 0.5 millicmie of tritium per balance part, and was manufactured before December 17, 2007.

(d) A person who possesses or transfers a marine compass, or other marine navigational instrument, is exempt from the requirements for a li-cense specified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter, provided that the marine compass con-tains no more than 750 rnillicuries of ttitinm gas and other marine naviga-tional instr-uments contain no more than 250 millicuries of tritium gas, and was manufactured before December 17, 2007.

(e) A person who possesses or transfers a smoke detector containing ameiicium-241 is exempt from the requirements for a license specified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter, provided that not more than one microcurie of ameri-cium-241 is incorporated into the detector in the form of a foil and de-signed to protect life and prope1iy from fires.

(f) A person who possesses or transfers an electron tube (tube) contain-ing radioactive material is exempt from the requirements for a license specified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter:

(]) Provided that the tube does not exceed the following microcurie limits:

(A) l O millicmics for tubes containing tritium; except, if the tube is a microwave receiver protector tube, 150 mil!icuries of tritium; (B) 1 microcmic for tubes containing cobalt-60; (C) 5 microcuries for tubes containing nickel-63; (D) 30 microcuries for tubes containing krypton-85; (E) 5 microcuries for tubes containing cesium-137; (F) 30 microcuries for tubes containing promethium-147; and (2) Provided that the levels of radiation from the electron tube contain-ing radioactive material do not exceed one millirad per hour at one centi-Page 180 Register 2018, No. 11; 3-16-2018

Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30180.2 meter from any surface when measured through seven milligrams per square centimeter of absorber.

(3) For purposes of subsection (f) "electron tubes" include spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, mi-crowave tubes, indicator tubes, pickup tubes, radiation detection tubes, and any other completely sealed tube that is designed to conduct or con-trol electrical cu1Tents.

(g) A person who possesses or transfers a measuring instrument, which contains one or more sources of radioactivity for purposes of inter-nal calibration or standardization is exempt from the requirements for a license specified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter, provided that:

(1) Each source of radioactivity in the instrument which is comprised of a single radionuclide does not exceed the limit set forth in section 30235 for that radionuclide; and (2) Each instrument contains no more than 10 of the radionuc1ides listed in section 30235; (3) For purposes of this subsection, an instrument's radioactive source(s) may contain either one type or different types of radionuclides and an individual exempt quantity may be composed of fractional parts of one or more of the exempt quantities in section 30235, provided that the sum of such fractions shall not exceed unity; (4) For purposes of the exemptions provided in this subsection, the limit for a radioactive source consisting of americium-241 is 0.05 micro-curies, and this limit is deemed to be an exempt quantity under section 30235.

(h) The exemptions provided in this section do not apply to persons who apply or incorporate radioactive material into any product described in this section during the manufacture of such product, or who transfer

[The next page is 181.]

Page 180.1 Register 2018, No.\\ I; 3-I 6-20!8

Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30180.7 or transport such a product up through its first sale. This subsection does not apply to subsequent transfers or sales of such a product.

NOTE: Authority cited: Sections 114975, 115000 and 131200, Health and Safety

• ,de,

Reference:

Sections 114965, 114970, 115000, 115060, I 15165, !15230, l 5235, I 31050, 131051 and 131052, Health and Safety Code.

HISTORY

l. New section filed l 2r-30-2014; operative 4-l-2015 (Register 2015, No. I).

§ 30180.3.

Exempt Quantities.

(a) Except as provided in subsections (c), (d) and (e), a person is ex~

empt from the requirements for a Hcense specified in section 30190 and sections 30191 through 30231 and 30237, and from Group 3 of this sub-chapter, to the extent that such person receives, possesses, uses, transfers, owns, or acquires radioactive material in individual quantities, each of which does not exceed the applicable quantity set forth in section 30235.

(b) A.person, who possesses radioactive material received or acquired before November 12, 1972, under the general Iicens_e then provided in section 30192(a)(2), is exempt from the requirements for a license speci-fied in section 301_90, sections 30191 through 30237, and from Group 3 of this subchapter to the extent that this person possesses, uses, transfers, or owns radioactive material.

(c) This section does not authorize, for purposes of commercial dis-tribution, the.packaging, repackaging, or transfer ofradioactive material, or the incorporation of radioactive material into a product' intended for commercial distribution.

(d) A person may 11ot, for purposes of commercial distribution, trans-fer radioactive material in the individual quantities set forth in section 30235, knowing or having reason to believe that such quantities of radio-active material will be transferred to persons exempt under this section, except in accordance with a specific license issued by the U.S. Nuclear Regulatory Commission pursuant to section 32.18 in title t 0, Code of Federal Regulations, Part 32 (10 CFR 32). This provision shall not be constrned to incoq:iomte by reference 10 CFR 32, section 32.18.

(e) A person may not, for purposes of producing an increased radiation level, combine quantities ofradioactive material covered by this exemp-tion so that the aggregate quantity exceeds the limits set forth in section 30235, except for radioactive material combined within a device placed in use before May 3, 1999, or as otherwise specified in this regulation.

NOTE: Authority cited: Sections 114975, 115000 a11d 131200, Health and Safety Code.

Reference:

Sections 114965, 114970, 115000, 115060, l 15165, 115230,

\\15235, 131050, 131051 and 131052,HeallhandSafctyCode.

HISTORY

t. New section filed 12-30-2014; operative 4-1-2015 (Register 2015, No. 1).

§ 30180.4. Self-Luminous Products Containing Tritium, Krypton-85, or Promethium-147.

(a) A person is exempt from the requirements for a license specified in section 30190 and sections 30 l 91 through 3023 7, and from Group 3 of this subchapter, to the extent that such person receives, possesses, uses, transfers, owns, or acquires a self-luminous product containing tri-tium, krypion-85, or promethium-147, provided that such product was manufacmred, processed, produced, or initially transferred in accor-dance with a specific license issued by the U.S. Nuclear Regulatory Com-mission pursuant to section 32.22 in title 10, Code of Federal Regula-tions, Part 32 (10 CFR 32). This provision shall not be construed to incorporate by reference 10 CFR 32, section 32.22.

(b) The exemption provided in subsection (a) does not apply to persons who manufacture or process such a product for sale or distribution.

(c) The exemption provided in subsection (a) does not apply to prod-11cts primarily used for frivolous purposes or as toys or adornments, con-taining tritium, krypton-85, or promethium-147.

NOTE: Authority cited: Sccliotrn 1 \\4975, 115000 and 131200, Hctl!th and Safety Code.

Reference:

Section:: ! '4%5, l 1 4970, l 15000, I I 5060, I 15 \\ 65, I 15230, 115235, 13!050, 131051 c11:,:113!U52, Health 1111dSafoty Code.

HISTORY I. New section filed 12-30--2014; operative 4-1-2015 (Register 2015, No. I).

§ 30180.5.

Gas and Aerosol Detectors Containing Radioactive Material.

(a) A person is exempt from the requirements for a license specified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter, to the extent that such person possesses or transfers radioactive material in gas and aerosol detectors designed to protect health, safety, or property, provided the detector is manufactured, pro-cessed, produced, or initially transferred in accordance with either a spe-cific license issued by the Department prior to Noven:iber 30, 2007, or by the U.S. Nuclear Regulatory Commission issued in accordance with sec-tion 32.26 in title 10, Code ofFederal Regulations, Part 32 (10 CFR 32).

This provision shall not be constmed to incorporate by reference IO CFR 32, section 32.26.

(b) The exemption in subsection (a) does not apply to persons who manufacture, process, or produce the product specifir;d in subsection (a),

o~ who initially transfer or distdbute such a product.

1:'\\QTE: Authority cited: Sections l 14975, 115000 and 131200, Health and Safety Code.

Reference:

Sections 114965, 1 14970, l 15000, 115060, l 15165, 115230, 115235, 131050, 131051 and 131052,HealthandSafetyCode.

HISTORY

1. New section filed 12-30-2014; operative 4-1-2015 (Register 2015, No. 1}.

§ 30180.6. Radioactive Drug: Capsules Containing Carbon-14 Urea for 11ln Vivo" Diagnostic Use for Humans.

(a) A person who receives, possesses, uses, transfers, owns, or ac-quires capsules containing urea impregnated with carbon-14, which are manufactured for "in vivo" diagnostic use in humans, is exempt from the requirements for a license specified in section 30190 and sections30-191

hrough 30237, and from Group 3 of this subchapter, provided that each capsule does not exceed one microcurie (allowing for nominal variation that may occur during the manufacturing process) of carbon-14.

(b) Any person who desires to use a capsule described in subsection (a) for research involving human subjects shall hold a specific license is-stied pursuant to section.10195 authorizing the medical use of radioactive material.

(c) This section shall not be deemed to authorize the manufacturing, preparation, processing, producing, packaging; repackaging, or transfer-ring for commercial distribution of such capsules.

( d) Nothing in this section relieves persons from complying with ap-plicable U.S. Food and Drug Administration requirements, or other Fed-eral and State requirements, governing the receipt, administration, and use of drugs.

NOTE: Authority cited: Sections 114975, l 15000 and l31200, Heallh and Safety Code.

Reference:

Sections l 14965, 114970, 115000, I 15060, 115 \\65, J l 5230, 115235, 131050, ! 31051 and 131052, Health and Safety Code.

H1STORY

1. New section filed 12-30-2014; operative4-1-2015 (Register 2015, No.!).

§ 30180.7.

Certain Industrial Products.

(a) A person is exempt from the requirements for a license specified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter, to the extent that such person possesses or tnmsfers radioactive material in industrial devices designed and manufactured for detecting, measuring, gauging or controlling thickness, density, level, in-terface location, radiation, leakage, or qualitative or quantitative chemi-cal composition, or for producing an ionized atmosphere, provided the device is manufach1red, processed, produced, or it1itially transferred in accordance with a specific license issued by the U.S. Nuclear Regulatory Commission in accordance with section 32.30 in title 10, Code of Federal Regulations, Part 32 (10 CFR 32). This provision shall not be construed to incorporate by reference l O CFR 32, section 32.30.

(b) The exemption in subsection (a):

( l) Does not cover radioactive material not incorporated into a device, such as calibration and reference sources; and (2) Does not apply to persons who ma1mfacture, process, or produce the device specified in subsection (a), or who initially transfer or distrib-ute such a product.

Page 181 Register 2015, No. 1; 1-2-2(ll5

§ 30181 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 NoTE: Authority cited; Sections l 14975, 115000 and 131200, Health and Safety Code,

Reference:

Sections 114965, 114970, 115000, 115060, 115165, 115230, 115235, ]31050, 131051 and 131052,HealthandS'afetyCode.

HISTORY I. New section filc<l 12-30-2014; operative 4-1-2015 (Register 2015, No. l ).

§ 30181.

Products Containing and Quantities of Source Material.

(a) A person ii exempt from the requirements for a ljcense specified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter, to the extent that such person receives, possesses, uses, transfers or de,livers source material in any chemical mixture, com-pound, sblution, or alloy in.which the source material is *by weight less than one-twentieth of one percent (0.05 percent) of the Illixh1re, com~

• pound, solution or alloy.

(b) A person is exempt froni the requirements. for_ a ifocirise specified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter, to the extent that such person receives, possesses, uses, or transfers unrefined and unprocessed ore containing source mate-rial, provided that, except as authorized in a specific license*, such person shall not refine or process such ore, (c) A person is exempt from the requirements for a license specified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter, to the extent that such person receives, possesses, uses, or transfers:

(1) The following items or materials containing thorium or uranium; (A) Incandescent gas mantles, vacuum tubes, welding rods, or electric larilps for illuminating purposes, which do not contain more than 50 mil~

ligrams of thorium per item; (B) Gennicidal lamps, sunlamps, and lamps for outdbor or industrial lighting, which do not contain more than 2 grams of thorium per item; (C) Rare earth metals and compounds, mixhm,s, and products, which do not contain more than 0.25 percent by weight of thorium, uranium, or any combination of these two radioactive materials; or (D) Neutron-detecting dosimeters, which do not contain more than 50 milligrams of thorium per dosimeter.

(2) Source material contained in the following products:

(A) Glazed ceramic tableware, provided that the glaze contains not more than 20 percent by weight sourbe material; (B) Piezoelectric* ceramic containing not more than 2 percent by weight source material; (C) Glassware containing not more than 10 percent by weight source material; but not including commercially manufactured glass brick, pane glass, ceramic tile, or _other glass or ceramic used in constrnction; (D) Glass enamel or glass enamel frit containing not more than 10 per-cent by weight source material imported or ordered for importation into the United States, or initially distributed by manufach1rers in the United States, before July 25, I 983.

(3) Photographic film, negatives, and prints containing uranium or thorium.

(4) Any finished product or part fabricated of, or containing hmgsten or magnesinm-thoriurn alloys, provided that the thorium content of the alloy does not exceed 4 percent by weight. The exemption contained in this subparagraph shall not be deemed _to authorize the chemical, physical or metallurgical treatment or processing of any such product or part.

(5) Subject to subsection (d), counterweights which contain uranium and which are designed for installation in aircraft, rockets, projectiles, and missiles, or stored or handled in connection with installation or re-moval of such counterweights, provided that the following requirements are met:

(A)The counterweights arc manufactured in accordance with a specif-ic license issued by the Department; (B) Each counterweight manufactured on or after December 31, 1969 has been impressed with the following legend clearly legible through any plating or other covering: "Depleted Uranim'n"; and (C) Each counterweight manufactured on or after December 31, 1969 is durably and legibly labeled or marked with the identification of the manufacturer, and the statement: "Unauthorized Alterations Prohib-ited";

(6) A shipping container, orpari thereof, containing uranium, whether or not depleted, provided that:

(A) The shipping container is conspicuously and legibly impressed with the legend: "CAUTION-RADIOACTIVE SHIELDING-URA-NIUM"; and (B) The *uranium metal is encased in mild steel or eqlm1ly fire resistant metftl_ofminimum y,,all thickness 0f~ne-eighth irlch (3.2 mm);

(7) Subject to subsection (e), finlShed optical lenses containing tho-rium, provided that each lens does not contain more than 30 percent by weight of thorium.

(8) Any finished aircraft engine part containing thorium in a nickel-thoria alloy, provided that:

(A) The thorium is dispersed in* the nickel-thoria alloy in the fonn of finely divided thoria (thorium dioxide); and (B) The thorium content in the nickel-thoria alloy does not exceed four percent by weight.

(d) The exemption contained in subsection (c)(5) shall not be deemed to authorize the chemical, physical, or metallurgical treatment or proces-sing of any such counterweights, other than the repair or restoration of any plating or other covering.

( e) The exemption conta_ined in subsection (c)(7) shall not be deemed to authorize either:

(1) The shaping, grindillg or poliShing of such lens or manufacturing processes, other than the assembly of such lens into optical systems and devices without any alteration of the lens; or (2) The receipt, possession, use, or _transfer, of thorium contained in contact lenses, or in spectacles, or fo eyepieces in binoculars or other op-tical instnnnents.

(f) The exemptions in subsection (c) do not authorize the manufacture of any of the products described therein.

(g) A person is exempt from the requirements for a li~ense specified in section 30190 and sections 30'1_91 through 30237, and from Group 3 of this subchapter, to the extent that such person receiyes, possesses, uses, or transfers detector heads, used in fire detection units, which con-tain uranium, provided that each detector head contains not more than 0.005 microcurie of uranium. This exemption docs not authorize the manufach1re of any detector head containing uranium.

NOTE: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code.

Reference:

Sections 114965, 114970, 115000, 115060, I 15165, l 15230, 115235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY I. 1'<ew section filed 12-30-2014; operative 4-1-2015 (Register 2015, No. I). For prior history, sec Register 86, No. 28.

§ 30182.

Other Exemptions.. [Repealed]

HISTORY Repealer filed J 1-25-85; effective thirtieth day thereafter (Register 85, No. 48).

Article 4.

Licenses

§ 30190.

Types of Licenses.

(a) Department licenses for radioactive material are of two types: gen-era! and specific.

(b) General licenses provided in this regulation are effective without the filing of an application with the Department or the issuance of licens-ing documents to particular persons, except that any person to whom a general license is issued pursuant to sections 30192.1 and 30192.6 shall be subject to the registration requirements specified in section 30108.1.

(c) Specific licenses are issued to named persons upo11 approval ofan application filed pursuant to this regulation, A specific license issued by the Department is required by any person to possess any radioactive ma-terial in this state, except as otherwise provided in sections 30180, 30 l 80. l, 301 80.2, 30 l 80.3, 30180.4, 30180.5, 30 l 80.6, 30 I 80. 7, 30181, 30191, 30192. l, 30 l 92.2, 30192.3, 30192.4, 30192.5, 30192.6, 30192. 7, 30225, or 30226.

Page 182 Register 2015, No. 1; 1-2-20]5

Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30192.1 (d) Every specific and general license is subject to all applicable provi-sions of this reg1.1lation and, except as otherwise specified, to the provi-c;ions of Group 3 of this subchapter (Standards for Protection Against Ra-

iation).

1'-l"OTE: Authority cited: Sections 114970, l 14975, 115000 and I 31200, Health and Safety Code.

Reference:

Sections 114970, 115060, 115165, 115235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY

1. Repealer of Article 4 (Sections 30190 through 30205) and nev.: Arti~le. 4 (Sec-tions 30190 through 30198 and 30205) filed 11-29-65; effective thirtieth day thereafter (Register 65, No. 23). For prior history, see Register 62, No. \\.

2. Amendment of subsections (b) and ( c) and new NOTE filed 6-8-2011; *operative 7-8-2011 (Register 2011, No. 23).

3. Amendment subsection (c) filed 12-30--2014; operative 4-1-2015 (Register 2015, No. I).

§ 30191. General Licenses-Source Materia!. LfO, Z "2-,

. (a) A general license is hereby issued to_ commercial firms, education~l institutions, and medical institutiOns and government -agencies, authorizing the possession, use, and transfer of not more than l 5 pounds of source material at any one time, for research, development, education-al, commercial or operational purposes. Per~ons authorized_ to possess, use, or transfer source material pursuant to this general.license may not receive more than a total of 1 SO pounds of source material in any one cal-endar year. With respect to such source material, any person shall be ex-empt from the provisions of Group 3 of this subchapter, except.for sec-tions 30254 and 30293(a), unless such person also possesses source material under a specific license.

(b) A general license described in subsection (a) shall not authorize bu-an use, or the use in any device or article which is intended to be placed n or in the human body, or the use of any instrument or apparatus (in-uding component parts and accessories thereto) intended for human

e.

\\

NOTE: Au.thority cited: Sectio.ns 114975, 115000 and 131200, Health and Safety Code.

Reference:

Sections 114965, 114970, 114985(g), 115000, 115060, 115165, I

115235, 131050, 131051 and 13 I 0)2, Health and Safety Code.

HISTORY

/ l. New NOTE lilcd 8-22-84 (Register 84, No. 34).

42. Amendment filed 7-7-86; effective thitiieth day thereafter (Rciiistcr 86, No.

28).

§ 30192.1.

General Licenses-Gauging and Controlling. ?, /, S (a) A general license is hereby issued to commercial and industrial >

7_ :f5;/

firms, research, educational and medical institutions, individuals in the conduct of their business, and gove111ment agencies, to acquire, receive, possess, use or transfer, in accordance with this section, radioactive maw te:fal contained in devices designed and manufach1red for the purpose of detecting, measuring, gauging or controlling thicktiess, density, level, inw terface location, radiation, leakage, or qualitative or quantitative chemiw cal composition, or for producing light or an ionized atmosphere.

(b) The general license issued pursuant to subsection (a) applies only to radioactive material contai11ed in devices which have been maimfac-tured or initially transferred and labeled in accordance with the provi-sions of;

( 1) A specific license, which authorizes distribution of the device, isw sued by the Department pursuant to section 30196; (2) An equivalent specific license issued by an Agreement State Other than this State; *or (3) A specific license issued by the United States Nuclear Regulatory Commission (NRC) under section 32.51 of title 10, Code of Federal Reg-ulations (10 CFR), Part 32.

(c) Devices described in subsection (a) shall have been received from one of the specific licensees desc1ibed in subsection (b), or through a transfer made pursuant to subsection (d)(l2).

(d) Persons who acquire, receive, possess, use or transfer a device 1m-der the general license issued pursuant to subsection (a) shall:

(l) Register and renew registration pursuant to section 30108.1 any devices containing at least l O millicuries (mCi) of cesium-137, 0.1 mCi of strontium-90, 1 mCi of cobalt----60, 0.1 mCi of radium-226, or 1 mCi of americium-241 or any other transuranic (i.e., an element with atomic number greater than uranium (92)), based on the activity indicated on the label. The licensee shall be subject to the reporting requirement in section 30108.l(e) for such devices; (2) Ensure that all label_s affixed to the device at the time ofreceipt and bearing a statement that removal of the lahel is prohibited are maintained thereon, and comply with all instrnctions and precautions provided by such labels; (3) Ensure that the device is tested for leakage of radioactive material and that the on-off mechanism and indicator, if any, operate as designed.

3. Change without regulatory effect inserting (a) to first paragraph filed 11-1-91 pursuant to section I 00, title 1, Califo111i.a Code ofRegulations (Register 92, No.

5).

These tests shall be perfotmed at intervals no longer than six months or

4. Amendment of subsection (a) and NOTE filed 9--9-97; operative 10-9-97 {Reg-at such other intervals as are specified in the device's label. However:

istcr 97, No. 37). 7oZ,.4-.S Qe\\e..~e& \\

(A) Devices containing only krypton need not be tested for leakage;

5. Amendment of scctio1\\{11d NOTE filed 6-8--2011; operative 7-8-2011 (Register and 2011, No. 23), '0~ *~ o7

-e>('.)t!.,

/ '7.,o l <J.O~?\\ *1/47Sl;A (B) Devices containing only tritium, or not more than 100 microcuries

§ 30192.

General Li~enses--:-Static,Elimmaticii.J ~r-;tlJrt r) yOJV (uCi) of other beta and/or gamma emitting material or 10 uCi of a. lpha Generation Devices. [Repealed] _... I vW) l(,,r emitting material, and devices held in storage in the original shipping NOTE: Authority cited: Sections 114975, 115000 and 131200, Health and Safety container prior to initial installation, need not be tested for any purpose; Code.

Reference:

Sections 114965, I 14970, 114985(g), l 15060, 1 !5165, 115235, (4) Ensure that the tests required by subsection (d)(3) and any testing 131050 131051 and 131052, l-lealthandSafctyCode.

HTSTORY mstallatton, serv1cmg, and removal from mstal\\at10n mvolvmgthe rad10-

l. Amendment of subsection (c) and new subsection (f) filed 11-16-67; effective active material, its shielding, or containment, are performed:

thirtieth day thereafler (Register 67, No. 46).

(A) ln accordance with the instructions provided by the device's la-

2. Amendment of subsection (c)(l) filed 5-13-66; effeclivc thirtieth day thereafter bels; or (Register 69, No. 20).

(B) By a person holding a specific license issued by the Department 3, Repealer of subsections (a)(! )(B) and (a)(\\ )(C), renumbering of (a)(l)(DJ to h"

l,*.

(a)(l)(B), new subs~ction (a)(3) and amcnct:11cnt of subsection (b) filed OI an Agreement ?t~~e other than t ts State, aut1011zmg the licensee to 7-22-71; effective thirtieth day thereafter (Register 71, No. 30).

perform those act1v1t1es;

4. Repealernf subsections (a)(2) and (b)(2) filed l 0---12-72; effective thirtieth day (5) Maintain records showing compliance with the requirements of thereafter (Register 72, No. 42).

subsections (d)(3) and (d)(4), to include the results of tests, the dates of

5. Amcndr,:icnt of subsection (a)(3) filed IO-l l-74; effective thirttcth day tbercaf-performance of tests, and the names of the persons performing testing, tcr (Register 74, No. 41).

Jr d

fr I

• II

• d'

6. Repealer and new section filcd 7-7-86; effective thirtieth day thereafter (Regis-ms!a 1.ng, s~rvt~mg, an re~ovmg om t :e tnsta at10n ra.10act1ve ma-ter 86, No. 28).

ten al, its sh1eldmg,* or contamment. The licensee shall retam records of

7. Amcndtnent of subsection (b) and NOTE filed 9-9-97; operative 10---9-97 tests required by:

(Register 97, No. 37).

(A) Subsection (d)(3) for three years after the next required test for

8. Editorial co1-rcclion restoring inadvertently deleted HrSTORIEs (Register97, No.

leakage and test of the on-off mechanism and indicator is performed, or 45).

f dN fil d6 8 2011 t*

7 8 2011 (R. t until the sealed source is transferred or disposed of; a1.1d 9 Amcndmcnto scctlon an om I c

opera 1vc - -

cg1s c1*

• 2011 No. 2]).

(B) Subsection (d)(4) for three years from the date of the recorded

\\ o. Rcp~aler filed 12-J0-20 J 4; opcralivc 4-1--2015 (Rcgistcc* 2015, No. ! ).

event or other test, or until the device is transfon*ed or disposed of; Page 183 Register 2015, No. 1; 1-2-2015

§ 30192.2 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 (6) Immediately suspend operation of the device ifthere is a failure of, or damage to, or any indication of a possible failure of or damage to, the shielding of the radioactive material or the on-off mechanism or indica-tor, or11pon the detection of0.005 uCi or more of removable radioactive material. The device shall not be operated until it has been repaired by the manufacturer or a person holding a specific license issued by the De-partment,-the NRC, or an Agreement State other than this State, authoriz-ing the_l,icensee to.repair the device. T~e device, and any radioactive ma-terial froffi the device, may only be disposed,,of in accordance with subsection (d)(!O);

(7) Within 30 calendar days of an event specified in subsection ( d)(6),

submit a repo1t to the Department Containing:

(A) A brief description of the event and the remedial action taken;.and (B) If removable radioactive material greater than or.equal to 0.005 uCi has been detected, or failure of or damage to a sealed source is likely to result in contamination of the premises or.the environs, a plan to ensure that the premises and environs are acceptable for unrestricted use; (8) Not abandon the device; (9) Not export the device except in accordance with an export license issued by the NRCpmsuant to IO CFR, Part 110. This.provision shall-not be constrned to incorporate by reference 10 CFR, Part 11 O; (I 0) Transfer or dispose of the device only:

(A) By export as provided by subsection (d)(9);

(B) By transfer to a specific licensee authorized to receive such device or another general licensee as authorize,d in subsection (d)(l2); or (C) After obtaining written Department approval authorizing transfer or disposal to any other_ specific licensee not specifically identified in subsection (d)(JO)(A) or (BJ, except that a holder of a specific license may transfer a device for possession and use under its own specific li-cense without prior approval, if the holder:

I, Verifies that the specific license authorizes the possession and use, or purnuant to section 30194.2 applies for and obtains an amendment to the license authorizing the possession and use;

2. Removes, alters, covers, or clearly and unambiguously augments the existing label (otherwise required by subsection (d)(2)), so that the device is labeled in compliance with section 20, 1904 of l O CFR, Part 20, incorporated by reference in section 30253; however, the mam1fachirer, model number, and serial number shall be retained;

3. Obtains the manufacturer's or initial transferor's infonnation con-cerning maintenance that would be applicable under the specific license (such as leak testing procedures); and

4. Repmts the transfer under subsection ( d)(l 1 );

(11) Within 30 calendar days after transfer of a device pursuant to sub-section (d)(l 0), submit a report to the Department containing the:

(A) Identification of the device by manufacturer's ( or initial transfer-or's) name, model number, and s6rial number; (B) Name, address, and license number of the person receiving the de-vice (license number not applicable if exported); and

( C) Date of the transfer;

~

( l 2) Transfer the device to another g(;:neral licensee only if:

~)

(A) The device remains in use at a particular location. In this case, the

,.. >--ffiihs~r~~r slfa.t\\:c::::?c*ve the transferee a copy of this section, sections 30108.1, 30254, 0257 and 30293(a) of this subchaptcr, sections 20.2201 a.cl10-d: 02 of 10 CFR, Part 20, incorporated by reference in section 30253, and any safety documents identified in the label of the de-vice. Within 30 calendar days of the transfer, the transferor shall submit a report to the Department containing:

I. The man11fach1rer's ( or initial transferor's) name;

2. The model number and the serial number of the device transferred;

3. The transferee's name and mailing address for the location of use; and

4. The name, title, and phone number of the responsible individual identified by the transferee pursuant to subsection ( d)( 15); or (B) The device is held in storage by an intermediate person in the origi-nal shipping container at its intended location of use, prior to initial use by a general licensee; (13) Comply with sections 20.2201 and 20.2202 of 10 CFR, Part 20, incorporated by reference in section 30253, for reporting radiation inci-dents, theft or loss of licensed material, but shall be exempt from other requirements in Group 3 of this subchapter, except for sections 30257 and 30293(a);

(14) Upon Department request, provide infonnation relating to the general license within 30 calendar days of the date of the request, or other t_ime specifiecl.in the request. ff the general licenseej 0s unable-.to_provide the-requested inforlllation withill the allotted time, a fequest.for extend-ing that time shall be submitted prior to the end of the allotted time, and ths request for an extension of time shall include a Vvritten justification as to why the allotted time should be extended; (15) Appoint all individual responsible for having knowledge-.ofre-quired actions and authority for taking required actions, so as to comply with this section and all sections cited or referenced within this section.

Appointment of the responsible individual does not relieve the general licensee of any of its ow11 responsibility for complying with-the-Act and this subchapter; and (16) Not hold devices that are not in use for longer than t\\1/o years. If devices with shutters are not being used, the shutter shall be Jocked in the closed position. The testing required by subsection ( d)(3) need not be perfonned during the period of storage. However, when devices are put back into service or transferred to another person, and have not been tested within the requited test interval, they shall be tested for leakage be-fore use or transfer, and the shutter tested before use. Devices kept in standby for fuh1re use are excluded from the two-year time limit if the general licensee performs qumterlyphysical inventories of these devices while they are in standby.

(e) The general license issued pursuant to this section does*not autho-rize the manufachlfe or import of devices containing radioactive materiw al.

NOTE: Authority cit~U: Sections I 14975, 115000 and 131200, Health and Safety Code.

Reference:

Sections 114965, I 14970, l 14985(g), 115060,J 15165, 115230, 115235, 131050, 131051 and 131052, Health and Safety Code.*

H1s'foRY I. New section filed 7-7-86; effective thirtieth day thereafter (Register 86, No.

28).

2. Change without regulatory effect of subsection (b)(5) (Register 88, No, 6).

3. Amendment of subsection (c) and NOTE filed 9-9-97; operative I 0-9-97 (Reg-ister 97, No. 37).

4. Repealer and new section and amendment of NOTE filed 6--8-2011; operative 7-8-2011 (Register 2011, No. 23).

5. Amendment subsection (b)(I) filed 12-30-2014; operative 4-1-2015 (Register 2015, No. J).

§ 30192.2. General Licenses-Aircraft Safety Devices.3111 (a) A general license is hereby issued to any person to possess, own, receive, acquire and use tritium orprornethium-147 contained within lu-minous safety devices designed for use in aircraft, provided that each such device contains not more than 10 curies of tritium or 300 millicuries of promethium-147 and provided further that each such device has been manufach1red, assembled, initially transferred or imported in accordance with a specific license authorizing distribution to general licensees.

(b) The general license issued pursuant to subsection (a) does not au-thorize:

(1) The manufachire, assembly, disassembly, repair, import or dispos-al of such devices; (2) The export ofluminous safety devices containing tritium or prome-thium-147; (3) The use of such devices other than in aircraft; and (4) The possession, ownership, receipt, acquisition, or use ofprome-thium-147 contained in instrnment dials,

( c) Persons who possess a device under the general license issued pur-suant to subsection (a) shall, with respect thereto, be exempt fi:_.om.tb.~ re-quirements of Group 3 of this subchapter except for sectionQ.?t?.f~ml 30293(a) of this subchapter and sections 20.220 I and 20.2202 qftitle I 0, Code ofFedern! Regulations, Part 20, incorporated by refere1ke in sec-tion 30253.

ioJ..t;'l/{~

Page 184 Register 2015, No.1; 1-2-2015

Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30192.5 NOTE: Authority cited: Sections 114975, l 15000 and 131200, Health and Safety Code. Reference; Sections 114965, 114970, l 14985(g), I 15000, 115060, 115165,

!15235, 131050, 131051 and 131052,HealthandSafetyCodc.

HISTORY

. New section filed 7-7-86; effective thirtieth day thereafter (Register 86, No, 28).

2. Amendment of subsection (c) and NoTE filed 9-9-97; operative 10-9-97 (Register 97, No. 37).

3. Amendment of section and NOTE filed 6-8-2011; operative 7-8-2011 (Register 2011, No. 23).

§ 30192.3. General Licenses-;,.Calibration or Reference Sources. ":3, /, If (a) A general license is hereby issued to persons who hold either a spe-cific license issued by the Department for any radioactive materia~ or a specific license issued by the United States Nuclear Regulatory Commis-sion for any radioactive material, to possess americium-241, plutonium, or radium-226 in the form of calibration or reference sources, Calibra-tion or reference sources shall be manufactured in accordance with the specifications contained in an appropriate specific license, which autho-rizes distribution under a general license. Each source possessed pur-suant to the general license or its storage container shall bear a label, which includes the information required in the following statement; "The receipt, possession, use and transfer of this source, Model-*.,

Serial No. __, are subject to a general license or its equivalent, and are further subject to the regulations of the United States Nuclear Regulatory Commission or a state with which the United States Nuclear Regulatory Commission has entered into an agreement for the exercise of regulatory authority. Removal of this label is prohibited.

CAUTION~RADIOACTIVE MATERlAL---THIS SOURCE CONTAINS (AMER!C!UM-241, PLUTON!UM, OR RAD!UM-226, whichever is appropriate). DO NOT TOUCH RADIOACTIVE POR-TION OF THIS SOURCE.

(Name of Manufacturer or Importer)

(b) Persons who possess a somce under the general license issued pur-sua11t to subsection (a) shall:

(1) Not have, at any one time, at any one location of storage or use, mote tha11 5 microcuries of americium-241, 5 mici-ocuries of plutonium, or 5 microcuries of radium-226 contained in such sources.

(2) Not transfer, abandon or dispose of such sources, except by transfer to a person authorized by a license to receive the source.

(3) With respect to each such source when not in use, store the source in a closed container adequately designed and constructed to contain any of the radioactive material in the event the source is rnptured or leaks.

(4) Not use such somce for any purpose other than calibration of radi-ation detectors or standardization ofotber sources.

(c) Persons who possess a source under the general license issued pur-suant to subsection (a) shall, ~ith respect thereto, be exempt,from the re-ii-ement of-Group 3 of this subchapter, except for sections 30253,

(')

254, 30255, 30275(a) and (b), 30293, and 30295.

(d) The general license issued pursuant to subsection (a) does not au-thorize the manufacture, import, or export of calibration or reference sources containing americiurn-241, plutonium, or radium-226 or the introduction of americium-241, plutonium, or radium-226 into any product or material.

NOTE: Authorily cited: Sections 114975, 1 l 5000 and 131200, Health and Safely Code.

Reference:

Sections 114965, 114970, l 14985(g), 115000, 115060, J 15165, 115230, 115235, I 31050, I 3 1051 and 13 I 052, Health and Safety Code.

HISTORY

1. New section filed 7-7-86; effective thirtieth day thereafter (Register 86, No.

28).

"-.,n,:udmcnt of subsection (c) ~nrl NoTE filed 9--9-97; operative 10-9--97 (Rcgi:<-~r97, No. 37).

3. Amcndmcntof section and NOTE filed 6-8-2011; operative 7-8--2011 (Register 2011, No. 23).

§ 30192.4. General Licenses-Ice Detection Devices. ".!,. / * / cJ (a) A general license is hereby issued to any person to possess, own, receive, acquire, use, or transfer strontium-90 contained in ice detection devices, provided that each device contains not more than 50 microeuries of strontiurri-90, and provided further that each device has been man-ufactured or imported in accordance with a specific license which autho-rizes distribution under a general license.

(b) Persons-who possess, own, receive, acquire, use or transfer a de-vice under the general license issued pursuant to subsection (a) shall:

(1) Assure that all labels affixed to the device at the time of receipt, and which bear a statement that prohibits removal of the labels, are main~

tained thereon; and (2) Immediately upon occurrence of damage, discontinue use of the device until it has been inspected, tested for leakage, and repaired by a person holding a specific license authorizing such testing or repair; or dispose of the device pursuant to section 20.200 l of title l O,Code of Fed-eral Regulations, Part 20 (10 CFR 20), incorporated by reference in sec-

/

tion 30253.

-*-( <'.\\.)

( c) Persons who possess, own, receive, acquire, use, or !r.an-s-fef; de-

- /

vice.under the general license issued pursuant to.,..subS"eciion (a) shall, with respect thereto, be exempt ~mvth~.!.e uireinents of Group 3 of this subchapter, except for section~ 30254 a 30293(a) of this subchapter and sections 20.2001, 20.2201 'and-W:2 02 of 10 CFR 20, incorporated by reference in section 30253.

(d) This general license does not authorize the manufacture, assembly, disassembly,.repair, or import of ice detection devices containing stron-tium-90.

NOTE: Authority cited: Sections 114975, l 15000 and 131200, Health and Safety Code.

Reference:

Sections 114965, 114970, l 14985(g), 115060, 115165, I 15230, I.I 5235, 131050, 131051 and 131052, Health and Safety_ Code, HISTORY I. New section filed 7-7-86; effective thirtieth day thereafter (Register 86, No.

28).

2. Amendment of subsection (c) and NOTE filed 9*-9-97; operative 10-9-97 (Register 97, No. 37).

3. Amendment of section and NOTE filed6-8-2011; operative 7-8-2011 (Register 2011, No. 23).

§ 30192.5.

General Licenses-In Vitro Testing. ::, I, / /

(a) A general license is hereby issued to any physician, veterinarian, clinical laboratory or hospital to possess and \\1se radioactive material in prepackaged units for in vitro clinical testing, not exceeding the follow-ing:

Radionuclide Tritium Carbon-14 lron-59 Selcnium-75 Cobalt-57 Iodine-125 or Iodine-! 31 Mock lodi11c-l25 Reference Source Maximum uCi* per unit 50 10 20 10 10 10 lodinc-129 0.05 Amcricium-241 0.005

• microeurie (uCi)

Maximum uCi total 2,000 2,000 200 200 200 200 (b) The general licensee shall not possess or use radioactive material under the general license issued pursuant to subsection (a):

( 1) Except as pmpackaged units which are labeled in accordance with the provisions of a specific license issued by the United States Nuclear Regulat01y Commission or a state with which the United States Nuclear Regulatory Commission has entered into an agreement for the exercise of regulatory authority; and (2) Unless the prepackaged unit bears a label or is accompanied by a package insert containing the following or a substantially similar state-ment:

"This radioactive material may be received and used only by physi-cians, vetcritiat'ians, clinical laboi*atorics or hospitals, and 011\\y for in yj..

ti-o clinical or laboratory tests not involving internal or cxtcmai adminis~

lration of the material or the radiation therefrom to human beings or Page 185 Registec W15, No.1; 1-2-W15

§ 30192.6 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 animals. The receipt, possession, use and transfer of this material is suPw ject to the regulations and general.license of the United States Nuclear Regulatory Commission or a state-with which the Commission. has enw tered into an agreement for the exercise ofregula.tory authority."

( c) Persons who possess radioactive material under the general license issued pursuant to subsection (a), shall, with resp_ect ther_eto, be exempt from the requirements of Group 3 of this subchapter, except that persons using Mock Jodine-125 shall comply with sections 20.2001, 20.2201

• and 20.2202 of title 10, Code of Federal Regulations, Part 20, incorpo-rated by reference in section 30253.

NOTE: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code. Reference; Sections 1 ]4965, *114970, l 14985(g), 115000, 115060, 115165, 1 I 5230, 115235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY

1. New section filed 7-7-86; effective thirtieth day thereafier (Register 86, No.

28).

2. Amendment of subsection (c) and NOTE filed 9-9-97; operative 10---9-97 (Register 97, No. 37),

3. Amendment of section and NOTE filed 6--8-2011; operative 7-8-2011 (Register 2011, No. 23).

4. Editorial correction amending column heading in subsection (a) (Registcr201 }J No. 24).

"1 0 I 1:7 t

§ 30192.6. General Licenses-Depleted Uranium. C\\~*&>

( a) A general license is hereby issued to any person to receive, acquire, transfer, possess or use depleted uranium contained in industrial products or devices, for the purpose of providing a concentrated mass of the prod-uct or device, when such products or devices are manufactured pursuant to a specific license authorizing distribution to general licensees.

(b) Persons who receive, acquire, use, transfer or possess depleted ura-nium under the general license issued pursuant to subsection (a) shall:

(I) Register in accordance with section 30108.1; (2) Not introduce such depleted uranium into any chemical, physical or metallurgical treatment or process, other than a treatment or pro~ess for repair or restoration of any plating or other covering of the depleted uranium; (3) Develop, implement and maintain procedures designed to estab-lish physical control over such depleted uranium in order to prcve11t its unauthorized use or transfer in any form, including metal scrap; (4) Appoint an individual responsible for having knowledge of re-quired actions and authority for taking required actions, so as to comply with this section and all sections cited or referenced within this section.

Appointment of the responsible individual does not relieve the general licensee of any of its own responsibility for complying with the Act and this subchapter; (5) Not abandon such depleted uranium; (6) Transfer or dispose of such depleted uranium only by transfer in accordance with sections 30210 and 30210.1.

(7) Within 30 calendar days of any transfer, report in writing to the De-partment the transferee's name and address.

( c) Persons who possess, receive, acquire, transfer or use depleted ura-nium under the general lic'ense issued pursuant to subsection (a) shall, with respect thereto, be exempt from the requirements of Group 3 of this st1bchapter.

NOTE: Authority cited: Sections 114975, I 15000 and 131200, Health and Safety Code,

Reference:

Sections I 14965, 114970, l 14985(g), 115060, I l 5165, 115230, 115235, 131050, 131051 and 131052, Health and Safety Code, HISTORY I. New section filed 7--7-86; qffective thirtieth day thereafter (Register 86, No.

28).

2. Amendment of subsection (c) and NOTE filed 9-9-97; operative 10-9-97 (Register 97, No. 37).

3. Amendment of section and NOTE filed 6-8-2011; operative 7-8-20 l 1 (Register 2011, No. 23).

§ 30192.7.

General Licenses -

Items and Self-Luminous Products Containing Radium-226. 1, \\, 11.

(a) A genera] license is hereby issued to any person to acquire, receive, possess, use,- or transfer, in accordance with s-ubsections (b), (c), and (d),

radium-226 contained in the following products manufachtred prior to November 30, 2007:

(1) Antiquities originally intended for use by the genera! public. For the-purposes. of this paragraph, antiquities mean products originally in~

tended for use by the general public aI'ld distributed in the late 19th-and early 20th cent11ries, such as radium emanator jars, revigators, radium water jars, radon generators,.refrigerator cards, radium bath salts, and healing pads; (2) !ntact timepieces contain,ing greater than one microcurie, nonintact timepieces, and timepiece hands and dials no l?nger installed in time~

pieces; (3) Lt1minous items installed in air, marine, or land vehicles;

( 4) All other luminous products, provided that no more than 100 items are used or stored at the same location at any one time; and (5) Small radium sources cont_aining not more than one microcurie of radit~m-226. For purposes of this paragraph, "small radium sources" means discrete survey instrument check sources, sources contained in radiation measuring instniments, Sources used in educational demonstra-tions (such as cloud chambers and spinthariscopes), electron tubes, light-ning rods, ionization sources, static eliminators, or other sources as des*

ignated by the U.S. Nuclear Regulatory Commission (NRC).

(b) Persons who acquire, receive, possess, usei or transfor radioactive material under the general license issued pursuant to this section are eX-empt from the provisions of Group 3 of this subchapter, to the extent that the receipt, possession, use, or transfer of radioactive material is within the terms of the general license; provided, however, that this exemption sha!l not be deemed to apply to any such person specifically licensed un~

der this subchapter.

(c) Any person who acquires, receives, possesses, uses,:or transfers ra*

dioactive material in accordance with the general license issued pursuant to subsection (a) shall:

(1) Notify t~e Department should there be any indication of possible damage to the product so that it appears it could result in a loss of the ra-dioactive material. A report containing a brief descript.ion of the event, and the remedial action taken, shall be submitted within 30 days of the event; (2) Not abandon products containing radium-226. The product, and any radioactive material from the product, may only be disposed of by transfer to a person authorized pursuant to a specific license to receive the radium-226 in the product, or as otherwise approved by the Depart-ment; (3) Not export products containing radium-226 except in accordance with an export license issued byNRC pursuant to 10 CFR Part 110. This provision shall not be constrned to incotporate by reference 10 CFR Part 110;

( 4) Dispose of products containing radium-226 by transfer to a person authorized to receive radium-226 pursuant to a specific license issued by the Department or NRC, or equivalent regulations of an Agreement State, or as otherwise approved by the Department; and (5) Upon Department request, provide infomiation relating to the gen-eral license.within 30 calendar days of the date of the request, or such oth-er time specified in the request. If the general licensee is unable to provide the requested information within the allotted time, a request for extend~

ing that time shall be submitted prior to the end of the allotted time, and the request for an extension of time shall include a written justification as to why the allotted time should be extended.

(d) The general license issued pursuant to this section does not autho-rize the manufacture, assembly, disassembly, repair, or import ofprocl~

ucts containing radium-226, except that timepieces may be disas-sembled _and repaired.

Page 186 Rcgisl~r 2015, No. 1; 1-2-2015

Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30195 NOTE: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code.

Reference:

Sections 114965, 114970, \\ 14985(g), 115000, 115060, 115165, 115230, 115235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY

'. New section filed 12-30-2014; operative 4-1-2015 (Register 2015, No. 1).

§ 30193.

Application for Specific Licenses and Amendments. [Repealed]

NOTE: Authority cited: Sections 102, 208 and 25811, Health and Safety Code.

Reference:

Sections 25801, 25802, 25805, 25815, 25855, 25875 and 25876, Health and Safety Code.

HISTORY

l. Repealer filed 7-8-87; operative 8-7-87 (Register 87, No. 29).

§ 30194. Approval of Applications and Specific Terms and Conditions for Specific Licenses.

(a) An application for a new specifiq license or for renewal or amend~

ment of an existing license will be approved if the Department deter*

mines that:

(1) the applicant or his specified persontlel are qualified by reason of training and expetience to use radioactive material of the kinds and quan**

tities and for the purposes requested, in such a manner as to provide rea-sonable and adequate assurance of protection to health, life, and proper-ty; (2) the applicant's equipment, facilities, proposed uses and procedures are such as to provide reasonable and adequate assurance of protection to health, life, and property; (3) the issuance of the license will not jeopardize the health and safety of the public;

( 4) the applicant satisfies all applicable requirements of the Act and regulations thereunder.

(b) Prior to issuing, amending or renewing a license pursuant to the provisions of this subchapter, the Department may inspect at any reason-able time the place ofbusiness, or premises a11d facilities of any applicant in order to verify information contained in the applil.:ation orto obtain ad-ditional information for the purpose of completing the application.

(c) No license or any right under a license shall be assigned or other-wise transferred unless approved in advance by the Department. The re-*

quest for transfer of a license shall include the identity and technical and financial qualifications of the proposed transferee, and the financial as*

surance for decommissioning infonnation required by section 30195.1.

(d) Each licensee shall restrict possession of licensed material to the locations and conditions of the use authorized in the license.

(c) Each specific license shall expire on the expiration date specified as a condition of the license. However, the license shall continue to be valid if a timely application for renewal is filed. An application for re-newal shall be timely if filed at least 30 days prior to the expiration date.

The existing license shall not expire until the department has taken final action on the timely filed application for renewal.

(f) Applications and documents submitted shall be made avaHable for public inspection except where the applicant identifies portions of the application as "trade secret" and the Department finds that the informa-tion is "trade secret" purs1mnt to provisions of the Public Records Act and Evidence Code Section 1060.

(g) As provided by Sectio11 30195.1, certain applications for specific licenses filed under Group 2 shall contain a proposed decommissioning funding plan or a certification of financial assurance for decommission-ing.

NOTE: Authority cited: Sections l 14975, I 15000 and 131200, Health and Safely Code.

Reference:

Sections 114965, 114970, 115060, 115165, I 15230, 115235,

! 31050, 131051 and 131052, Health and Safety Code.

HISTORY

1. Amendment filed 7-8-87; operative 8-7-87 (Regi.<;tcr 87, No. 29).

2. New subsection (g) filed 10-16--95 as a11 emergency; operative I 0-16-95 (Reg-ister 95, No. 42). A Ccrlificalc of Compliance nmst he trnn~mitted to OAL by 2--13--96 orcn1crgc11cy language will bi:\\\\;.,.;led b;,,,.-* _\\lion ofbw on i\\w fol-lowing day.

3. Certificate of Compliance as to l0--16---95 order, includi11g amendment of NOTE, transmitted to OAL 2-9-96 and filed 3-25-96 (Register 96, No. 13).

4. Amendment section heading, subsections (c) and (g) and NOTE filed 12-30-2014; operative 4-1-2015 (Register 2015, No. 1).

§ 30194.1. Criteria for Authorizing Multiple Locations of Use.

Criteria for authorizing more than one location of use on a specific li-cense shall be as follows:

(a) All locations shall be undet the same business entity.

(b) The radiation protection program required by section 20. t 101 of Title 10, Code of Federal Regulations, Part 20 as incorporated by refer-ence in section 30253 shall.demonstrate that use of radioactive tnaterials at each location shall be in accordance with this regulation.

(c) A single location where licensing and compliance records will be maintained for Department review shall be designated.

(d) The nahue of radioactive materials use and the operations shall be the same at all locations.

NOTE: Authority cited: Sections I 00275 and l 15000, Health and Safety Code.

Reference:

Sections 114965, 114970, 115060 and I 15165, Health and Safety Code.

HISTORY New*section filed 6-22_:_2005 as an emergency; operative 6-:i2_:_2005_(Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 1 G--20-2005 or emergency language will be repealed by operation oflaw on the following day.

2. Certificate of Compliance as to 6-22-2005 order transmitted to OAL 9-20-2005 and filed 10-18-2005 (Register 2005, No. 42),

§ 30194.2. Amendment Requests.

To amend an existing license, a licensee shall submit a written request to the Department containing; (a) The licensee's name and license number as shown on the specific license.

(b) The nature and scope of the request.

(c) The reasons for the request and supporting justifications including any_documents relied upon.

(d) If the request proposes to increase the maximum possession limit specified on the license, the request shall include the fee specified in sec-tion 3023l(c).

NOTE: Authority cited: Section.'! 100275 and 115000, Health and Safety Code.

Reference:

Sections 114965, 114970, l 15060 and l i5165, Health and Safety Code.

HISTORY

1. New section filed 6-22-2005 us an emergency; operative 6-22-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by l 0-20--2005 or emergency language will be repealed by operation oflaw on the following day.

2. Certificate of Compliance as to 6-22-2005 order transmitted to OAL 9-20-2005 and filed 10-18-2005 (Register 2005, No. 42).

§ 30195. Special Requirements for Issuance of Specific Licenses.

In addition to the requirements set forth in Section 30194, specific li-censes for certain specialized uses will be issued only if the following conditions are met:

(a) For human use ofradioactive material limited to medical purposes, the applicant submits documentation demonstrating that they are capable of complying with the regulations governing the medical use of radioac-tive material in title 10, Code of Federal Regulations, Part 35 ( l O CFR

35) (January 1, 2013), which is hereby incorporated by reference with the exceptions listed at subsections (a)(l) through (a)(l5) below, and upon issuance of a license maintains compliance with said regulations:

(I) Title IO. Code of Federal Regulations. sections 35.1, 35.5, 35.7, 35.8, 35.10, 35.ll(c), 35.12. 35.13. 35.14, 35.15, 35.18, 35.19, 35.26, 35.65, 35.4001, and 35.4002 are not incorporated by reference.

(2) Any references to the United States Nuclear Regulatory Commis-sion (NRC) or any component thereof shall be deemed to be a reference to the "Department" as defined in section 30100 of this regulation.

(3) Any rcferet1ce to 10 CFR 35, section 35.5 shal\\ be deemed to be a reference to section 30293 of this regulatiot1.

(4) Any refereL1ce to "Person in 10 CFR 35 shal\\ be deemed t() be a reference to the term "Person" as defined in section l l4985(c) of the Health and Safety Code.

Page 187 Register 20L5, No. 1; 1-2-2015

§ 30195 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 (5) Any reference to "Licensee" in 10 CFR 35 shall be deemed to be a reference to the term "User" as defined in section 30100 of this regula-tion.

(6) Any reference to "Byproduct material" in 10 CFR 35 is replaced by the term "Radioactive Material" as defined in section 30100 of this regulation.

(7) The definition of the tenn "Agreement State" in IO CFR 35, section 35,2 is -replaced-by the definition. of the tenn "Agreement-State" as de-fined in section 30100 of this regulation.

(8) The definition of the term "Sealed source" in 10 CFR 35, section 35.2 is replaced by the definition of the tenn "Sealed source" as defined in section 30 I 00 of this regulation.

(9) The definition of the term. "Dentist" in IO CFR 35, section 35.2 is modified to mean an individual possessing a current and vii.lid license to practice as a dentist pursuant to the California Dental Practice Act speci-fied in Business and Professions Code Section 1600 et seq.

(10) The definition of the term Pharmacist" in 10 CFR 35, section 35.2 is modified to mean an individual possessing a current and valid li-cense to practice as a pharmacist pursuant to.the California Pharmacy Law specified in Business and Professions Code Section 4000 et seq.

(11) The definition of the tenn "Podian*ist" in 10 CFR 35, section 35.2 is modified to mean an individual possessing a current and valid license to practice as a podiatrist pursuant to California Business and Professions Code sections 2460 et seq.

( 12) The definition of the term "Physician" in 10 CFR 35, section 35.2 is modified to mean an individual possessing a current and valid license to practice as a physician and surgeon or as an osteopathic physician and surgeon pursuant to the California Medical Practice Act specified in Business and Professions Code Section 2000 et seq.

(13) The reference to section 19.12 found in 10 CFR 35, section 35.27(b)(l) shall be deemed to be a reference to section 30255 of this reg-ulation.

(14) The date January 1,2011 is substituted for the date October 24, 2002 found in 10 CFR 35, section 35.57(a)(l) and (b)(l). Subdivisions (a)(2) and (b)(2) of 10 CFR 35, section 35.57 are replaced by the follow-ing:

(A) "An individual identified as a Radiation Safety Officer, an autho-rized medical physicist, or an authorized nuclear pharmacist, and physi-cians, dentists, or podiatrists identified as authorized users for the medi-cal use ofradioactiVernaterial on a license or an NRC or Agreement State license or a permit issued by a Department, NRC or Agreement State broad scope licensee or NRC master material license pern1it or by an NRC master material license permittee of broad scope before J anuaiy 1, 2011 who perfonn only those medical uses for which they were autho-rized, need not comply with the training requirements of IO CFR 35, sec-tions 35.50, 35.51, or 35.55, and subparts D through Hof 10 CFR 35, re-spectively."

(15) Nothing in this incorporation by reference shall be construed to authorize the Department to approve of specialty boards or medical spe-cialty boards for meeting training requirements specified in 10 CFR 35.

(b) For use of nrn!tiple quantities of types of radioactive material f9r research and development or for processing for distribution:

(I) The applicant has a radiation safety committee of at least three members which must evaluate all proposals for, and maintain surveil-lance over, all uses ofradioactive material. Committee members shall be knowledgeable and experienced in pertinent kinds ofradioactive materi-al use and in radiation safety.

(2) The applicant has a radiation safety officer, who is a member of the radiation safety committee, and who is supported by a staff of a size and degree of competence appropriate to deal with radiation safety problems that might be encountered, (3) The applicant furnishes a detailed statement of the qualifications, duties, mtthority, and responsibilities of the radiation safety committee and of the staff radiation safety group.

( c) Except as provided in paragraphs ( l ), (2), and (3), for use of radio-active material in the form of a sealed source or in a device that contains th~ sealed source, the application either identifies the sollfce or device by the manufach1rer and model number _by which the source or device was registered with either the Department, pursuant to section 32.21 O of title 10, Code ofFederal Regulations, Part 32 (10 CFR 32.210), incorporated by reference in section 30196, the U.S.NuclearRegulatory Commission (NRC), or an Agreement State other than this state; or provides the in-formation identified in 10 CFR 32.210(c), incorporated by reference in section 30196:

(1) For sources or devices rilanufach1red before*October 23, 2012 that are not registered with the Department under.10 CFR 32.210, incorpo-rated by reference in section 30196, or with an Agreement State, and for which the applicant is unable to provide,all.categories of information spe-cified in 10 CFR 32.210(c), the appHcant provides:

(A) All available information identified in IO CFR 32.21 O(c), incorpo-rated by reference in section 30 I 96, regarding the source, and, if applica-ble, the device; and (B) Sufficient additional information to demonst_rate that there ls rea-sonable assurance that the radiation safyty properties of the source or de-vice are adequate to protect health.and minimize danger to life and prop-erty. Such information shall include a description.of the source or.device, a description of radiation safety features, the intended use and associated operating experience of the applicant, and the results ofa recent leak test; (2) For sealed sources and devices allowed to be distributed without registration of safety information in accordance with 10 CFR 32.210(g)(-l), *incorporated by reference in section 30196, the applicant may supply only the manufachirer, model number, and radionuclide and quantity; and (3) If it is not feasible to identify each sealed source and.device individ-ually, the applicant may propose constraints on the number and type of sealed sources and devices to be used and the conditions under which they will be used, in lieu of identifying each sealed source and device.

(d) An application from a medical facility or educational institution to produce Positron Emission Tomography (PET) radioactive dnigs for noncommercial transfer to licensees in its consortium, as defined in sec-tion 30195.4(b), that are authorized for medical use pursuant to subsec-tion (a), includes:

(1) A request for authorization for the production of PET radionu-clides, or evidence of an existing license issued by the Department, the NRC under 10 CFR 30, or an Agreement State other than this State for a PET radionuclide production facility within its consortium from which it receives PET radionuclides; (2) Evidence that the applicant is qualified to produce radioactive drngs for medical use by meeting one of the criteria in l O CFR 32,72(a)(2), incorporated by reference in section 30196; (3) Infonnation identified in 10 CFR 32.72(a)(3), incorporated by ref-erence in section 30196 regarding the PET drugs to be noncommercially transferred to members of its consortium; and (4) Ifthc applicant is a pharmacy, in addition to satisfying the require-ments in paragraphs (1), (2), and (3), the applicant shall also provide identification of all individuals authorized to prepare the PET radioactive dmgs and documentation that each individual meets the requirements of an authorized nuclear phaimacist as specified in t O CFR 32.72(b)(2), in-corporated by reference in section 30196.

NOTE: Authority cited; Sections 114975, J 15000,rnd 131200, Health and Safely Code.

Reference:

Sections 114965, l 14970, 115060, I 15165, 115235, 131050, 13 ! 05 l and 131052, Health and Safety Code.

HISTORY I. Repealer and new subsection (e) filed I 0--12-72; effective thirtieth day thereaf-ter (Register 72, No. 42).

2. Repealer of subsection (e) filed 7-7-86; effective thirtieth day tbereaftcr(Regis-tcr 86, No. 28).

3. Change without regulaloty effect amending subsection (d) filed ! 1--1-91 pm-suant to section I 00, title 1, California Code of Regulations (Register 92, No.

5).

4. Repealer of subsections (a)-(b)(2), new subsections (a)-(a)( 15), subsection re-lettering and amendment ofNoTE filed l 0-! 3-2010; operative 1-1-201 l (Reg-ister 2010, No. 42).

5. Editorial corrcclion of subsection (a)( 14) (Register 20 JO, No. 45).

Page 188 Register 2015, No. I; 1-2-2015

Title 17 Radiation-Radiologic Technology-Nuclear Medicine TeChno1ogy

6. Amendment subsections (a), (a)(l4) and (a)(l4)(A), repealer of subsections (c)-(c)(2) and new subsections (c)-(d)(4) filed 12-30-2014; operative 4-1-2015 (Register 2015, No.\\).

, 30195.1.

Special Requirements for Issuance of Specific Licenses-Financial Surety for Decommissioning.

(a) The regulations governing financial assurance for decommission-ing in Title 10, Code of Federal Regulations (10 CFR), section 30.35 (January \\, 2007) and Appendices A through E of\\ 0 CFR Part 30 refer-enced in section 30.35, are hereby incorporated by reference with the fol-lowing exceptions:

(1) Subsection 30.35(g) is not incorporated by reference.

(2) The phrase "byproduct material" shall include all "radioactive ma-terial" as defined in Title 17, California Code of Regulations, section 30 l 00, except source material which shall be governed by subsection (b ).

(3) The date "January 1, 1996" is substituted for the date "July 27,

\\990."

( 4) Any reference to the United States Nuclear Regulatory Comm"is-sion (NRC) or any component thereof shall be deemed to be a reference to the Department.

(5) Any reference to IO CFR section 30.37 shall be.deemed to be a ref-erence to Section 30194.

(6) The date "January 1, 1998" is substituted for the date "November 24, 1995."

(7) The date "January 1, 2010" is substituted for the date "December 2, 2004."

(8) The date "July I, 20\\0" is substituted for the date "June 2, 2005."

(9) The date "Ja11uary 1, 2011 is substituted for the date "December 2, 2005."

(10) The reference to 10 CFR section 20.303 found in the Note of Ap-pendix B of 10 CFR Part 30 shall be deemed a reference to 10 CPR sec-tion 20.2003.

(11) Provisions relating only to power reactor lice11sees found in the following appendices *are not incorporated:

(A) Appendix A, Il.A. l.(ii);

(B) Appendix A, II.A. !.(iv);

(C) Appendix A, II.A.2.(ii);

(D) Appendix A, Jl.A.2.(iv);

(E) Appendix C, II.A(!); and (F) Appendix C, ll.A(2).

(b) The regulations governing financial assurance for decommission-ing in 10 CFR section 40.36 (January 1, 2007) are hereby incorporated by reference with the following exceptions:

(1) Subsection 40.36([) is not incorporated by reference, (2) The date "January l, 1996" is substituted for the date "July 27, 1990."

(3) Any reference to the NRC or any component thereof shall be deemed to be a reference to the Department.

(4) Any reference to 10 CFR section40.43 shall be deemed to be a ref-erence to Section 30194.

(5) The date "January 1, 1998" is substituted for the date "November 24, 1995."

(6) The date "January 1_, 2009" is substituted for the date "Decembet 2, 2004."

(7) The date "July I, 2009" is substituted for the date "June 2, 2005."

(8) Appendix A referenced in section 40.36 is not incorporated by ref-erence.

(c) The following persons shall be exempt from the requirements of this section:

( 1) Persons authorized to possess no more than 1,000 times the quanti-ty specified for each licensed material specified in Appendix B to Part 30 of Title 10, Code of Federal Regulations; (2) Perso11s authorized to possess hydrogen 3 contained in hyc\\rogi.::n gas in a scaled somce; (3) Persons authorized to possess radioactive noble gases in sealed sources with no radioactive daughter product with half-life greater than 30 days; or

( 4) Persons authorized to possess no more than t O mCi of source mate-rial in any fo1m and source material in any quantity in a non-dispersible form.

NOTE: Authority cited: Sections 115000, 115091, 131055 and 131200, Health and

• safety Code.

Reference:

Sections 114965, 114970, 115060, 115091, 1 l 5092 and 115235, Health and Safety Code.

HISTORY

1. New section filed 7-7-86; effective thirtieth day thereafter (Register 86, No.

28).

2. Amendment of subsection (c) filed 7-12-89; operative 8-11-89 (Register 89, No. 28).

3. Rcnumbering*offormersection30J 95. l to new section 30195.3 and new section filed 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergen-cy language will be repealed by operation oflaw on the following day.

4. Certificate of c;ompliance as to 10-16-95 order, including amendment of sub-section (c)(l) at1d NOTE, transmitted to OAL 2-9-96 and filed 3-25-96 (Regis-ter 96, No, 13).

5. Amendment of subsections (a) and(b), new subsections (a)(5), (a)(6), (b)(4) and (b )(5), and amendment of NOTE filed 9-9-97; operative 10-9-97 (Register 97, No. 37).

6. Amendment of subsections (a), (a)(2), (a)(4)-(5), (b) and (b)(3)-(4), new sub-sections (a)(7)-(1 l)(F) and (b)(6)-(8) and amendment of NOTE filed 12-30-2008; operative 1-29-2009 (Register 2009, No. t).

§ 30195.2. Special Requirements for Issuance of Specific Licenses-Emergency Plans.

(a) In addition to meeting the requirements set forth in sections 30194, 30195, 30\\ 95.1 and 30 \\ 95.3, specific licenses shall be issued only if the req11irements specified in subsection (b) are met.

(b) The regulations governing application for specific licenses in Title 10, Code of Federal Regulations, section 30.32, subsection (i) (10 CFR 30.32(i)) (January\\, 2013) incll!ding section 30.72 referenced in \\0 CFR 30.32(i), are hereby cldopted by reference with the following exceptions:

( l) The phrase "radioactive material" as defined in Title 17, California Code of Regulations, section 30 l 00 is substituted for the phrase ' 1bypro-duct material."

(2) Any reference to the Nuclear Regulatory Commission or any com~

ponent thereof shall be deemed to be a reference to the Department.

NOTE: Authority ci.tcd: Sections 114975, 115000 and 131200, Health and Safety Code.

Reference:

Sections 114965, 114970, 115000, ll5060, 115165, 115230, l 15235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY

1. New section filed 10-16-95 asan emergency; operative 10-16-95 (Regisler 95, No. 42). A Ce1tificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 10-16----95 order, including amendmetllofNOTE, transmitted to OAL 2-9-96 and filed 3-25-96 (Register 96, No. 13),

3. Amendment of section and NOTE filed 12-30-2014; operative 4-1-2015 (Reg-i1,ter 2015, No. 1).

§ 30195.3. Special Requirements for Issuance of Specific Licenses for Use of Sealed Sources in Industrial Radiography.

(a) The definitions of sections 30100 and 30330 apply to this section.

(b) An applicant for a specific license for the use of sealed sources in industrial radiography shall submit

( 1) A description of the applicant's training program that meets the re~

quirements of section 30333(a) and (b). Copies of typical examinations and correct answers shall be submitted. Instructors shall, at a minimum, meet the requirements of section 30333.0S(a)(l). Instructor qualifica-tions shall be submitted; (2) If the applicant proposes to be a radiation safety training provider, the information required by section 3033 l(a)(3) through (a)(S) and the fee required by section 30331 (a)(6) in addition to any fee required by sec-tion 30230. This infon~.,,.1_iu1 + ' l_1c clearly identified as being sub-mitted for compliance with section Jl.l33 l; Page 189 Register 2015, No. l; 1-2----2015

§ 30195.4 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 (3) Procedures for verifying and documenting the certification status of radiographers and ensuring that the certification of each radiographer remains valid; (4) A description of the applicant's overall organizational struch1re as it applies to the radiation safety responsibilities in radiography. using sealed sources, including spe~ified delegation of authority and responsi-bility; (5) Operating and emergency procedures th_at meet the requirements of section 30333.1; (6) A description of the internal inspection system used to assure that radiographers and radiographers' assistants comply with Department regulations and license conditions and the applicant's operating and emergency procedures as required by section 30333(e);

(7) The name(s) and qualification(s) of the individual(s) designated as the radiation safety officer (RSO) and potential designees responsible for ensuring that the licensee's radiation safety program is implemented in accordance with Department regulations and license conditions and the applicant's operating and emergency procedures. The designated RSO shall, at a minimum, meet the requirements specified in section 30333.07. Potential designees shall, at a minimum, meet the require-ments specified in section 30333.05; and (8) The location and a description of the location of each field station and permanent radiographic installation.

NOTE: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code,

Reference:

Sections 114965, 114970, l 15060, 115165, 115235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY Renumbering of former section 30195. I to new section 30195.3 filed 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be h*ansmitted to OAL by 2-13-96 or emergency language will be repealed by operation ciflaw on the following dny.

2. Certificate of Compliance as to l 0-16--95 order,includingamendment ofNoTE, transmitted to OAL 2-9-96 and filed 3-25-96 (Register 96, No. 13).

3. Amcndmenl of section heading, section and NOTE filed 4-11-2008; operative 5-11-2008 (Register 2008, No. 15).

4. Amendment of subsection (6)(6) and Norn filed 12-30-2014; operative 4--1-2015 (Register 2015, No, 1).

§ 30195.4.

Additional Requirements for Specific Licenses Authorized Pursuant to Section 30195(d).

(a) Specific licenses authorizing, pursuant to section 30195(d), the production of positron emission tomography (PET) radioactive drugs for noncommercial transfer to licensees holding a specific license issued pursuant to section 30195(a) in its consortfum, as defined in subsection (b ), shall be subject to the following:

(1) Authorization does not relieve the licensee from complying with applicable FDA requirements, or other Federal, and State requirements governing radioactive drugs.

(2) The licensee shall:

{A) Satisfy the labeling requirements in title 10, Code of Federal Regu-lations section 32.72(a)(4) (IO CFR 32.72(a)(4)), incorporated by refer-ence in section 30196, for each PET radioactive drng transport radiation shield and each syringe, vial, or other container used to hold a PET radio-active drug intended for noncommercial distribution to members of its consortium; and (B) Possess and use instrumentation to measure the radioactivity of the PET radioactive drugs intended for noncommercial distribution to mem-hers of its conso1tium and meet the procedural, radioactivity measure-ment, instrnment test, instrnment check, and instrnment acljustment re-quirements in 10 CFR 32.72(c), incorporated by reference in section 30196.

(3) If the licensee is a phannacy, the licensee shall require that any in-d,ividual that prepares PET radioactive drugs be:

(A) An authorized nuclear pharmacist who meets 1 0 CFR 32.72(b)(2),

incorporated by refere_nce in _section 30196; or (B) An fodividual-who is under the supervision of an authorized nu-clear pharmacist as specified in 10 CFR 35.27, incorporated by reference in section 30195(a).

(4) If the licensee is a phatmacy_who allows an individual to work as an authorized nuclear pharmacist, the licensee shall ensure. the individual meets 10 CFR 32. 72(b )(5), incorporated by reference in seetion 30196.

(b) For purposes of subsection (a) and section 30 l 95(d), "consortium" mean_s an association of licensees authorized for medical use pursuant to section 30195(a) and a PET radionuclide production facility in the same geographical area that jointly own or share in the operation and mainte-nance cost of.the PET radionuclide production facility that produces PET radionuclides. for use in producing radioactive drngs within the consor-tium for noncommercial distributions among its associated members for medical use, The PET radionuclide production facility within the consor-tium may only be located at an educational institution or a medical facil-ity.

Norn: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code,

Reference:

Sections 114965, 114970, 115060, 115165, 115235, l 31050, 131051 and 131052, Health and Safety Code, HISTORY

1. New section filed 12~30-2014; operative 4-1~2015 (Register 2015, No. ] ).

§ 30196.

Special Requirements for Issuance of Specific Licenses to Manufacture or Transfe'i-Certain Items Containing Radioactive Matetial.

(a) The regulations governing manufacturing or iTiitia'.,ly transfeITing items containing radioactive material for sale or distributi0n in Title 1 O, Code of Federal Regulations (10 CFR), Part 32 (10 CFR32) (January 1, 2013) are hereby incorporated by reference with the following excep-tions; (I) Title 10, Code ofFederal Regulations, sections 32.1, 32.3, 32.8, 32.11, 32.12, 32.]4, 32.15, 32.16, 32.18, 32.19, 32.20, 32.2], 32.21a, 32.22, 32.23, 32.25, 32.26, 32,27, 32.28, 32.29, 32.101, 32.l 02, 32.103, 32.110, 32.30 I, and 32.303 and NR.C Form 653 referenced in section 32.52 are not incorporated by reference.

(2) Any reference to "byproduct materif}X.,.,1;i IO CFR 32 is replaced by the term "radloactive material" as defin&d Ti'tle 17, California Code of Regulations (17 CCR), section 30100.

\\,A'"~~.<{\\"

(3) Any reference to the United States Nuclear Regulatory Commis-sion (NRC) or any component thereof shall be deemed to be a reference to the Department.

(4) Any reference to tl1e term "Agreement State" shall be deemed to be a reference to the term "Agreement State" as defined in 17 CCR sec-tion 30100.

(5) Any reference to the below identified federal re!,11.ilation cited with-in 10 CFR 32 shall be deemed to be a reference to the below identified Department regulation in this subchapter; Page 190 Register 2015, No.1; 1-2-2015

Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30210 Federal regulation cited within 1 O CFR32

§ 30.34(h)

§ 30.33

§ 30.36

§ 30.51

§31.2

§ 31.5

§ 31.7

§ 31.8

§ 31.10

§ 31.11 1 0 CFR 20 (any section)

(6) Any reference within 10 CPR 32 tu sections found in 10 CFR 35 shall be deemed to be a reference to J 7 CCR section 30 l 95(a) except that IO CFR 35.65 (January 1, 2013) cited within 10 CFR 32.74 is incorpo-rated by reference in this section for the purpose ot" issuing a specific li-cense pursuant to this section. Section 35.65 of 10 CPR is not incorpo-rated by reference for purposes of issuing a specific license pursuant to 17 CCR section 30195(a).

NOTE: Authority cited: Sections 114975, 1!5000, 115091 and 131200, Health and Safely Code.

Reference:

Sections 114965, 114970, 115060, 115091, 115092, 115235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY I. New section filed 12-30-2014; operative 4-1-2015 (Register 2015, No. I). For prior history, see Register 87, No. 29.

§ 30197. Specific Terms and Conditions of Licenses.

[Repealed]

NOTE: Authority cited: Sections 102,208 and 25811, Health and Safety Code.

Reference:

Sections 25801, 25802, 25805, 25815, 25855, 25875 and 25876, Health and Safety Code.

HISTORY

1. Amendment filed 11-16-67; effective thirtieth day thereafter (Registef 67, No.

46).

2. Repealer filed 7-8-87; operative 8-7-87 (Register 87, No. 29).

§ 30198.

Expiration of Licenses. [Repealed]

NOTE: Autho1ity cited: Sections 102,208 and 25811, Health and Safety Code.

Reference:

Sections 25801, 25802, 25805, 25815, 25855, 25875 and 25876, Health and Safety Code.

HISTORY I. Repealer f11cd 7-8-87; operative 8-7-87 (Register 87, No. 29).

§ 30205.

Modification, Suspension, Revocation and Termination of Licenses.

(a) All licenses shall be subject to modificalion, suspension, or revoca-tion by regulations or orders issued by the department.

(b) Any license may be modified, suspended, or revoked by the depart-ment:

(I) for any mate1ial false statement in the application or in any required report; (2) because of conditions revealed by any means which would warrant refusal to grant such a license on an original application; or Department regulation within this subchapter

§ 30257

§ 30194

§ 30256

§ 30293

§ 30190

§30192.1

§ 30192.2

§ 30192.3

§ 30192.4

§ 30192.5

§ 30253 (3) for violation of any terms and conditions of the Act, of the license, or of any relevant regulation or or'der of the department, including non-payment of license fee pursuant to Sections 30230-30232 of this regula-tion.

(c) Piior to the institution of proceedings to modify, suspend, or revoke a license, facts or conduct which may waffant such action shall be called to the attention of the licensee in writing and the licensee shall be ac-corded reasonable opportunity to demonstrate or achieve compliance, except in cases of willful violation or those in which the public health or safety requires otherwise.

(d) A specific license may be terminated by mutual consent between the licensee and the department.

NOTI\\: Authority cited: Sections l l 4975, 115000, 115060 and 13 [200, Health and Safcty Code.

Reference:

Sections 114965, 114970, 114980, 115060, 115230, 115235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY I. Amenc\\menl of subsection (b)(3) filed 10-12-72; effective thirtieth clay thereaf-ter (Register 72, No. 42).

2. New NOTE filed 8-22-84 (Register 84, No. 34).

3. Amendment of NOTE filed 3-15-2018; operative 3-[5-2018. Submitted to OAL for filing and printing only pursuant to Health and Safety Code section 100425 (Register 20l8, No. l l).

Article 5.

Transfer of Material

§ 30210.

Authorization for Transfer.

(a) A licensee may transfer radioactive material only lo persons listed below and only following acceptance of such lransfer:

(1) the Department; (2) any person who is exempt from this regulalion to the extent per-mitted under such exemption; or (3) any person licensed or authorized to receive the material by the United States Nuclear Regulatory Commission, the Department, or any other Agreement State.

(b) This section does not authorize the commercial distribution of ra-dioactive material other than those items listed in Section 30192 through 30192.6, except when such distribution is authorized by a specific li-cense.

Page 191 Rcgistu201&,No.11;3-16-20\\8

§ 30210.1 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 NOTE: Authority cited: Sections 102,208 and 258il, Health and Safety Code,

Reference:

Sections 25801, 25802, 25815, 25855, 25875 and 25876, Health and Safety Code.

HISTORY I. Repealer of Article 5 (Section 30210 and 30211) and new A1ticle_ 5 (Section 30210) filed 11-29-65; effective thirtieth day thereafter (Register 65, No. 23).

For prior history, see Register 62, No. 1.

2. Amendment filed 11-16-67; effective thirtieth day thereafter (Register 67, No.

46).

3. Amendment filed 5-13-69; effective thirtieth day thereafter (Register 69, No.

20).

4. Amendment filed 7-8-87; operative 8-7-87 (Register 87, No. 29).

§ 30210.1. Verification Required.

(a) Before transferring radioactive material to a licensee, the licensee transferring the material shall velify license authorization for the receipt of the type, form and quantity of radioactive material to be transferred.

(b) The transfeffer shall utilize methods of verification and maintain records of verification required by subsection (a) as specified in 1 0CFR30.41 (38FR33968).

NOTE: (l) Authority cited: Sections 208 and 25811, Health and Safety Code. Ref-erence: Sections 25801, 25802, 25811, 25815, 25855, 25875 and 25876, Health and Safety Code.

(2) Copies of Title l 0, Code of Federal Regulations -Energy, are for sale by lhe Superintendent of Documents, U.S. Government Pdnting Of-fice, Washington, D.C. 20402.

HISTORY

t. New section filed 7-7-86; effective thirtieth day thereafter (Register 86, No.

28).

2. Change without regulatoty effect of NOTE (Register 88, No. 6).

§ 30210.2. Labeling Requirements for the Manufacture, Preparation or Transfer for Commercial Distribution of Drugs Containing Radioactive Material for Human Use as Authorized by a Specific License. [Repealed]

NOTE: Authority ciLed: Sections 100275 and 115000, Hea!th and Safety Code.

Reference:

Sections 114965, t14970, 115060, 115165 and 115235, Health and Safely Code.

1-IISTORY

1. New section filed 10-13-99; operative l J-12-99 (Register 99, No. 42).

2. Repealer filed 12-30-2014; operative 4-1-2015 (Register 2015, No. 1).

Article 6.

Enforcement

§ 30220. Violations. [Repealed]

NOTE: Authority cited: Sections 102, 208 and 25811, Health and Safety Code.

Reference:

Sections 25801, 25802, 25815, 25855, 25875 and 25876, Health and Safety Code.

HISTORY Repealer of Article 6 (Sections 30215 through 30217) and new Atticle 6 (Sec-tion 30220) filed l l-29-65; effective thirtieth day thereafter (Register 65, No.

23). For prior histmy, sec Register 62, No. 21.

2. Repealer filed 7-8-87; operative 8-7-87 (Register 87, No. 29).

Article 7.

Reciprocal Recognition of Licenses

§ 30225. Persons Specifically Licensed by Other Agencies.

(a) Any person who holds a specific license issued by the Uniled States Nuclear Regulatory Commission (NRC), by any other Agreement State, or by any state that has been either provisionally or finally designated as a Licensing State by the Conference of Radiation Control Program Direc~

tors, Inc. (CRCPD), other than this State, may conduct activities of the kind therein authorized with.in this State for a period not in excess of 180 days in any calendar year without obtaining a specific license from the Department, provided that (1) The person maintains an office for directing the licensed activity, at which radiation safety records are normally maintained, in a location under jurisdiction of the agency which issued the specific license; (2) The license does not limit the authorized activity to specified in-stallations or locations; (3) The person provides written notice to the Department at least three days prior to engaging in such activity. Such notice shall indicate the lo-cation, specific time period, and type of proposed possession and use within this state, and shaJl be accompanied by a copy of the pertinent li-cense. If, for a specific case, the 3-day period would impose an undue hardship on the person, the person may make application to the Depart-ment to proceed sooner; (L) The person complies with all applicable regulations of the Depart-ment and with all the terms and conditions of lhe license, except such terms and conditions as may be inconsistent with said regulations; (5) The person supplies such other information as the Department may request; and (6) The person pays a fee in accordance With section 30230(f) to the Department, prior to the engagement of activities within the state.

(b) Any person who holds a specific license issued by the NRC, by any other Agreement State or by any state that has been either provisionally or finally designated as a Licensing State by the CRCPD, other than this State, authorizing the holder to manufacture, install or service a*device described in section 30192.l(a), is hereby issued a general license to in-stall or service such device in this State, provided that:

(l) The person files a rep01t with the Department within 30 days after the end of each calendar quarter in which any device is transferred to or installed in this State, identifying each device recipient by name and ad-dress, identifying the type of device transfeffed or installed, and identify-ing the quantity and type of radioaclive matedal contained in each de-vice; (2) The device has been manufactured and labeled and is installed and serviced in accordance with applicable provisions of the specific license; (3) The person assures that any labels required to be affixed to the de-vice, under regulations of the authority which licensed manufacture of the device, are affixed and bear a statement that "Removal of this label is prohibited;" and (4) The person furnishes to each device recipient in this State to whom he or she transfers such a device, or on whose premises he or she installs the device, a copy of the regulations contained in Group l.5 of this sub-chapter and sections 30192.1, 30254, 30257, 30293(a)(2) and 30295 of Group 3 of this subchapter, and sections 20.2201 and 20.2202 of title 10, Code of Federal Regulations, Part 20, incorporated by reference in sec-tion 30253.

(c) The Department may withdraw, limit, or qualify its acceptance of any license specified in subsection (a) or (b) upon determining that such action is necessary to protect health or to minimize danger lo life or prop-erty.

(d) Authorization granted pursuant Lo this section does not authorize a person to conduct activilies in areas within this State that are under ex-clusive federal jurisdiction.

NOTE: Authority ciLed: Sections 114975, 115000, 115060 and 131200, Health and Safety Code.

Reference:

Sections 114965, 114970, 114985, 114990, 115060, 115065, tt5090, 115093, lt5to5, 115110, 115120, tt5165, 115230, 115235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY I. Repealer of mticle 7 (section 30220) and new article 7 (section 30225) filed 11-29-65; effective thhtieth day thereafter (Register 65, No. 23). For prior his-tory, see Register 62, No. 21.

2. Amendment of subsection (a) filed 7-22-71; effective thirtieth day thereafter (Register 71, No. 30).

3. Amendment of subsection (a) 11led 10-12-72; effoclive thirLieth day thereafter (Register 72, No. 42).

4. New NOTE filed 8-22-84 (Register 84, No. 34).

5. Amendment filed 7-7-86; effective thi1tieth day thereafter (Register 86, No.

28).

6. New subseclion (a)(6) and amendment of NOTE filed 10-23-91; operative 11-22-91 (Register 92, No. 5).

7. Amendment of section and NOTE filed l0-15-2001; operative 11-14-2001 (Register 2001, No. 42),

8. Amendment of subsection (a)(6) filed 6-22-2005 as an emergency; operative 6-22-2005 (Register 2005, No. 25). A Certificate of Compliance must be trans-Page 192 Rcgistcr2018,No. l1;3-16-2018

Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30231 mitted to OAL by 10-20-2005 or emergency language will be repeal~d by op-eration of law on the following day.

9. Certificate of Compliance as to 6-22-2005 order transmitted to OAL 9-20-2005 and filed 10-18-2005 (Register 2005, No. 42).

JO. Amendment of section heading, section and NOTE filed 6-8-2011; opera'.ive 7-8-201 l (Register 2011, No. 23).

§ 30226.

Persons Generally Licensed by Other Agencies.

(a) A person generally licensed by the United States Nuclear Regulato-ry Commission (NRC), or an Agreement State other than this State, is not subject to the registration requirements specified in section 30192.1 (d)(l) if the device is used in areas subject to the Department's jurisdiction for a period less than 180 days in any calendar year.

(b) Authorization granted pursuant to this section shall not authorize a person to conduct activities in areas within this State that are under ex-clusive federal jmisdiction within this State.

NOTE: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code.

Reference:

Sections 115060, 115230, 115235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY

!. New section filed 6-8-2011; operative 7-8-201 l (Register 2011, No. 23)

Article 8.

License Fees

§ 30231.

Fee Schedule.

(a) The annual fee shall be calculated in accordance with the following formula and shall not exceed $37,290.00 for any one license:

Annual fee (rounded to the nearest dollar) = A + (A x B x C)

Where:

A= [Sum of the license fee specified in subsection (b)( l ), the fee for unsealed sources specified in subsection (b )(2) and the fee for sealed sources specified in subsection (b)(3)]

B = [Number of authorized use locations minus one as specified in subsection (b)(4)] -

C = [0.2 as specified in subsection (b)(4)J.

(b) The annual fee for each specific license shall consist of the follow-ing components:

(I) A fee of $1,658.00 for each license; (2) A fee for the unsealed sources authorized to be possessed at any one time by the license provided such unsealed sources have a combined total strength of over 10 millicuries (mCi), as follows:

Over 10 mCi, but not over 100 mCi

$948.00 Over l 00 mCi, but not over 500 mCi

$1,896.00 Over 500 mCi, but not over 1 curie (Ci)

$3,793.00 Over 1 Cl, but not over 10 Ci.

$5,689.00 Over 10 Ci, but not over 100 Ci...

$7,585.00 Oved00 Ci

$9,482.00; (3) A fee for the sealed sources authorized to be possessed at any one time by the license provided such sealed sources have a combined total strength of over I 00 mCi, as follows:

§ 30230.

License Fees.

Over 100 mCi, but not over I Ci

........... $948.00 (a) Except as provided in subsection (b), each applicant for a specific Over 1 Ci, but not over 5 Ci

$1,896.00 license pursuant to the provisions of this group shall include with the ap-Over 5 Ci, but not over 10 Ci.

$3,793.00 f dbl~

h' h.

l h

]~

tr th OverlOCi,butnotoverl00Ci..

$5,689.00 plicationanonreun a e ee,w IC isequa tot eannua eeasse or OverJ00Ci,butnotoverl,000Ci

$7,585.00 in section 30231, and if the specific license is granted, the application fee Over l,000 Ci.

$9,482.00; and shall constitute the annual fee for the first year of the license.

(4) A fee for each location of use greater than one, auth01ized in a spe-(b) Each applicant for a specific license for commercial distributior. of cific license pursuant to section 30194.1, which is determined by multi-sealed sources or devices containing sealed sources.,~uests-~ plying the number of authorized use locations minus one by the sum of ati.QJl.-..Ofahe information submitted pursuant tq__--Se"ction 30195(d)(l) and _)the values of subsections (b)(l) through (3) and by 0.2.

.,....--'Td)(2), ball include with llie applicaliou, a nonrefuridafile~ree-;-whTch-IB (c) The amount of additional fee required pursuant section 30230(d),

e

, to the annual fee, and a nonrefundable evaluation fee as set forth except as limited by this section, shall be lhe difference between the cur-in section _30231. If the specific license is granted, the fee equal_ to the rent annual fee and the total annual fees required for the new limits re-annual fee shall constilllte the annual fee for the first y~ar of l~c l1cen_se.

quested.

(c) Each licensee ~hall pay an annual fe~, as set forth m.sectton 3023 l, (d) Any licensee who fails to pay the.annual fee by the anniversary of on or before the anmversary o! th~ effective date of the licen_s:..

the effective date of the license shall immediately cease use of all sources (d) Each licensee, V:ho applies to~* an ~m_endment t_o a specific.license of radiation by placing the sources in storage until such time a5 the annual th~t increases the max:mum possession h~its of the hcense sh~~ mclucte fee and a late fee of 25 percent of the annual fee has been paid.

with the request submitted pursuant to s.ection _30194.2, an additrnnal fee (e) The fee for persons authorized to operate under section 30225(a) for each sucl_1 amendment,.as set fmih 111 secti~n 30231 (c).

shall be equal to the annual fee as specified in subsection (a) for the com-(e) Each licensee authonzed pursuant _to sectrnn :~195(d) to commer-bined total strength of radioactive material that will be possessed while cially distribute sealed sources or de~i~es _contai?111g sealed sources in this state. The fees shall be effective for lhe period in which reciprocity shall, in addition t? the annual '.~.c s~ec1fie~ m sectrnn 30231 (a), pay:

is granted under section 30225.

(I) The evaluatrnn fees specified m sectrnn 302~ l(f)(l) t~rou?h (3),

(t) The fees required by subseclions (b) and (e) of section 30230 shall specific to the type of evaluation, when a request for evaluation ts sub-be as follows:

mitted to the Department; and (2) The annual fee specified in section 30231(0(4).

(f) Each person authorized to conduct activities within the state pur-SL1ant to section 30225(a) shall pay a fee as specified in section 30231(e).

NOTE: Authority cited: Seclions 100275, 115000, 115060 and I! 5065, Health J_nd Safety Code.

Reference:

Sections 114965, 114970, 114980 and I 15165, Health and Safety Code.

HISTORY I. Amendment filed 8-1-62*, effective thittieth day thereafter (Register 62, No.

16).

2. Renumbering from article 9 lo article 8, filed 11-29-65 (Register 65, No. 23).

3. New NoTE filed 8-22-84 (Register 84, No. 34).

4. New subsection (d) and amendment of NOTE filed 10-23-91; operative l 1-22-9 l (Register 92, No, 5).

5. Amendment of section and NUTE filed 6-22-2005 as an emergency; operative 6-12-2005 (Register 2005, No. 25). A Certificate of Compliance must be trans-mitted to OAL by l 0-20-2005 or emergency language will be repealed by op-eration of law on the following clay.

6. Certificate of Compliance as to 6-22-2005 order transmitted to OAL 9-20-2005 and filed I 0-18-2005 (_Register 2005, No. 42 ).

(1) $6,370.00 for evalualion of each device and sealed source; (2) $4,878.00 for evaluation of each device only; (3) $1,492.00 for evaluation of each sealed source only; and (4) $597.00, annually, for each registry certificate maintained by the Departmenl indicating that the scaled source or device is commercially manufactured and/or distributed and includes evaluations of modifica-tions of the source or device identified on the ce1tificate.

(g) Fees required by this section shall be nonrefundable.

Non:;:: Autholity cited: Sections 114975, 115000. I 15060, 115065 and 131200, Health and Safety Code.

Reference:

Sections 114965, 114970, 114980, l 15 ! 65, 131050, 131051 and 131052, Heallh and Safety Code.

HISTORY I. Amendment filed 8-1-62; effective thirtieth day thereafter (Register 62, No.

16).

2. Amendment filed 7-2-82; effective thirtieth day thereafter (Register 82, No.

27).

3. Editorial correction ofNoTE filed 8-22-84 (Register 84, No. 34),

4. Amendment filed 7-7-86 as an emergency; effeclive upon filing (Register 86, No. 28). A Ce1tificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-4-86.

Page 193 Rcgistcr2018,No.1!;3-lfi-20!8

§ 30232 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17

5. Certificate of Compliance transmilled to OAL 10-9-86 and filed 11-7-86 (Register 86, No. 45).

6. Amendment filed 3-6-89 as an emergency; operative 3-6-89 (Register 89, No.

10). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-5-89.

7. Certificate of Compliance transmitted to OAL 6-12-89 and filed 6-28-89 (Register 89, No. 26).

8. New subsection (e) and amendment of Norn filed 10-23-91; operative l l-22-91 (Register 92, No. 5).

9, Amendment of subsections (a)-(c) and (e) and NOTE filed 3-1-94as an emer-gency; operative 3-1-94 (Register 94, No. 9). A Cettificate of Compliance must be transmitted to OAL by 6-28-94 or emergency language will be repealed by operation of law on the following day.

10. Certificate of Compliance as to 3-1-94 order transmitted to OAL 6-7-94 nnd filed 7-14-94 (Register 94, No. 28).

11. Repealer and new section and amendment of Norn filed 6-22-2005 as an emergency; operative 6-22-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-20-2005 or emergency lan-guage will be repealed by operation of law on the following day.

12. Certificate of Compliance as to 6-22-2005 order transmitted to OAL 9-20-2005 and filed 10-18-2005 (Register 2005, No. 42).

13. Editorial correction of subsection (b)(2) (Register 2014, No. 38).

14. Amendment of subsections (a), (b)(l)-(3) and (f)( l)-(4) and amendment of NoTE filed 6-15-2015; operative 6-15-2015. Submitted to OAL for filing and printing only pursuant to Health and Safety Code section 100425 (Register 2015, No. 25).

15. Amendment of subsections (a), (b)(l)-(3) and (f)(l)-(4) filed 3-l 5-2018; op-erative 3-15-2018. Submitted to OAL for filing and plinting only pursuant to Health and Safety Code section 100425 (Register 2018, No. 11).

§ 30232, Fee Limitations. [Repealed]

NOTE: Authority cited: Sections 208, 25811 and 25816, Health and Safety Code.

Reference:

Sections 25801, 25802, 25815, 25816, 25875 and 25876, Health and Safety Code.

HISTORY I. Amendment filed 7-2-82; effective thittieth day thereafter (Register 82, No.

27).

2. Editorial correction of NoTE filed 8-22-84 (Register 84, No. 34),

3. Amendment filed 7-7-86 as an emergency; effective upon filing (Re~ster 86, No. 28). A Cettificate of Compliance must be transmitted to OAL wuhin 120 days or emergency language will be repealed on 11-4-86.

4. Ce1tificate of Compliance transmilted to OAL 10-9-86 and filed 11-7-86 (Register 86, No. 45).

5. Amendment filed 3-6-89 as an emergency; operative 3-6-89 (Register 89, No, I 0). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-5-89.

6. Certificate of Compliance transmitted to OAL 6-12-89 and filed 6-28-89 (R~gister 89, No. 26).

7. Amendment of subsections (a), (c)-(f) and NOTE filed 3-1-94 as an emergency; operative 3-1-94 (Register 94, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-28-94 or emergency language will be repealed by op-eration of law on the following day.

8. Ce1tificale of Compliance as to 3-1-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

9. Repealer filed 6-22-2005 as an emergency; operative 6-22-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitled to OAL by 10-20-2005 or emergency language will be repealed by operation of law on the following day.

10. Certificate of Compliance as to 6-22-2005 order transmitted to OAL 9-20-2005 and filed 10-18-2005 (Register 2005, No. 42),

Page 194 Register 2018, No. J l; 3-16-2018

Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30235 Article 9.

Schedules

§ 30235.

Schedule A. Exempt Quantities.

Radionuclide Antimony 122 (Sb 122)

Antimony 124 (Sb 124)

Antimony 125 (Sb 125)

Arsenic 73 (As 73)

Arsenic 74 (As 74)

Arsenic 76 (As 76)

Arsenic 77 (As 77)

Barium 131 (Ba 131)

Barium 133 (Ba 133)

Barium 140 (Ba 140)

Bismuth 210 (Bi 210)

Bromine 82 (Br 82)

Cadmium 109 (Cd 109)

Cadmium 115m (Cd 115m)

Cadmium 115 (Cd 115)

Calcium 45 (Ca 45)

Calcium 47 (Ca 47)

Carbon 14 (C 14)

Cerium 141 (Ce 141)

Cerium 143 (Ce 143)

Cerium 144 (Ce 144)

Page 195 Microcuries 100 10 10 100 10 10 100 10 10 10 1

10 10 10 100 10 100 100 100 100 1

Register 2015, No. l; 1-2-2015

§ 30235 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 Cesium 129 (Cs 129) 100 Cesium 131 (Cs 131) 1,000 Cesium 134m (Cs 134m) 100 Cesium 134 (Cs 134) 1 Cesium 135 (Cs 135) 10 Cesium 136 (Cs 136) 10 Cesium 137 (Cs 137) 10 Chlorine 36 (C1 36) 10 Chlorine 38 (Cl 38) 10 Chromium 51 (Cr 51) 1,000 Cobalt 57 (Co 57) 100 Cobalt 58m (Co 58m) 10 Cobalt 58 (Co 58) 10 Cobalt 60 (Co 60) 1 Copper 64 (Cu 64) 100 Dysprosium 165 (Dy 165) 10 Dysprosium 166 (Dy 166) 100 Erbium 169 (Er 169) 100 Erbium 171 (Er 171) 100 Europium 152 9.2 h (Eu 152 9.2 h) 100 Europium 152 13 yr (Eu 152 13 yr) 1 Europium 154 (Eu 154) 1 Europium 155 (Eu 155) 10 Fluorine 18 (F 18) 1,000 Gadolinium 153 (Gd 153) 10 Gadolinium 159 (Gd 159) 100 Gallium 67 (Ga 67) 100 Gallium 72. (Ga 72.)

10

~-----

Page 196 Register 2015, No.1; 1-2-201S

Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30235 Germanium 68 (Ge 68) 10 Germanium 71 (Ge 71) 100 Gold 195 (Au 195) 10 Gold 198 (Au 198) 100 Gold 199 (Au 199) 100 Hafnium 181 (Hf 181) 10 Holmium 166 (Ho 166) 100 Hydrogen 3 (H 3) 1,000 Indium 111 (In 111) 100 Indium 113m (In 113m) 100 Indium 114m (In 114m) 10 Indium 115m (In 115m) 100 Indium 115 (In 115) 10 Iodine 123 (I 123) 100 Iodine 125 (I 125) 1 Iodine 129 (I 129) 1 Iodine 131 (1131) 0.1 Iodine 132 (I 132) 10 Iodine 133 (I 133) 1 Iodine 134 (I 134) 10 Iodine 135 (I 135) 10 Iridium 192 (Ir 192) 10 Iridium 194 (Ir 194) 100 Iron 52 (Fe 52) 10 Iron 55 (Fe 55) 100 Iron 59 (Fe 59) 10 Krypton 85 (Kr 85) 100 Krypton 87 ( Kr 87) 10 Page 197 Register W15, No.1; 1-2-2015

§ 30235 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 Lanthanum 140 (La 140) 10 Lutetium 177 (Lu 177) 100 Manganese 52 (Mn 52) 10 Manganese 54 (Mn 54) 10 Manganese 56 (Mn 56) 10 Mercury 197m (Hg 197m) 100 Mercury 197 (Hg 197) 100 Mercury 203 (Hg 203) 10 Molybdenum 99 (Mo 99) 100 Neodymium 147 (Nd 147) 100 Neodymium 149 (Nd 149) 100 Nickel 59 (Ni 59) 100 Nickel 63 (Ni 63) 10 Nickel 65 (Ni 65) 100 Niobium 93m (Nb 93m) 10 Niobium 95 (Nb 95) 10 Niobium 97 (Nb 97) 10 Osmium 185 (Os 185) 10 Osmium 191m (Os 191m) 100 Osmium 191 (Os 191) 100 Osmium 193 (Os 193) 100 Palladium 103 (Pd 103) 100 Palladium 109 (Pd 109) 100 Phosphorus 32 (P 32) 10 Platinum 191 (Pt 191) 100 Platinum 193m (Pt 193m) 100 Platinum 193 (Pt 193) 100 Page 198 Register 2015, No. 1; 1-2-2015

Title 17 Radiation-Radiologic Technology-~uclear Medicine Technology

§ 30235 Platinum 197m (Pt 197m) 100 Platinum 197 (Pt 197) 100 Polonium 210 (Po 210) 0.1 Potassium 42 (K 42) 10 Potassium 43 (K 43) 10 Praseodymium 142 (Pr 142) 100 Praseodymium 143 (Pr 143) 100 Promethium 147 (Pm 147) 10 Promethium 149 (Pm 149) 10 Rhenium 186 (Re 186) 100 Rhenium 188 (Re 188) 100 Rhodium 103m (Rh 103m) 100 Rhodium 105 (Rh 105) 100 Rubidium 81 (Rb 81) 10 Rubidium 86 (Rb 86) 10 Rubidium 87 (Rb 87) 10 Ruthenium 97 (Ru 97) 100 Ruthenium 103 (Ru 103) 10 Ruthenium 105 (Ru 105) 10 Ruthenium 106 (Ru 106) 1 Samarium 151 (Sm 151) 10 Samarium 153 (Sm 153) 100 Scandium 46 (Sc 46) 10 Scandium 47 (Sc 47)

-100 Scandium 48 (Sc 48) 10 Selenium 75 (Se 75) 10

~

Silicon 31 (Si 31) 700 Silver 105 (Ag 105) 10 Page 199 Res:is(er Wl5, No. 1; 1-2-2015

§ 30235 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 Silver 11 Om (Ag 11 Om) 1 Silver 111 (Ag 111) 100 Sodium 22 (Na 22) 10 Sodium 24 (Na 24) 10 Strontium 85 (Sr 85) 10 Strontium 89 (Sr 89) 1 Strontium 90 (Sr 90) 0.1 Strontium 91 (Sr 91) 10 Strontium 92 (Sr 92) 10 Sulphur 35 (S 35) 100 Tantalum 182 (Ta 182) 10 Technetium 96 (Tc 96) 10 Technetium 97m (Tc 97m) 100 Technetium 97 (Tc 97) 100 Technetium 99m (Tc 99m) 100 Technetium 99 (Tc 99) 10 Tellurium 125m (Te 125m) 10 Tellurium 127m (Te 127m) 10 Tellurium 127 (Te 127) 100 Tellurium 129m (Te 129m) 10 Tellurium 129 (Te 129) 100 Tellurium 131m (Te 131m) 10 Tellurium 132 (Te 132) 10 Terbium 160 (Tb 160) 10 Thallium 200 (Tl 200) 100 Thallium 201 (Tl 201) 100 Thallium 202 (Tl 202) 100 Thallium 204 (Tl 204) 10 Page200 Register 2015, No.1; 1-2-2015

Title 17 Radiation-Racliologic Technology-Nuclear Medicine Technology

§ 30235 Thulium 170 (Tm 170) 10 Thulium 171 (Tm 171) 10 Tin 113 (Sn 113) 10 Tin 125 (Sn 125) 10 Tungsten 181 (W 181) 10 Tungsten 185 (W 185) 10 Tungsten 187 (W 187) 100 Vanadium 48 (V 48) 10 Xenon 131m (Xe 131m) 1,000 Xenon 133 (Xe 133) 100 Xenon 135 (Xe 135) 100 Ytterbium 175 (Yb 175) 100 Yttrium 87 (Y 87) 10 Yttrium 88 (Y 88) 10 Yttrium 90 (Y 90) 10 Yttrium 91 (Y 91) 10 Yttrium 92 (Y 92) 100 Yttrium 93 (Y 93) 100 Zinc 65 (Zn 65) 10 Zinc 69m (Zn 69m) 100-Zinc 69 (Zn 69) 1,000 Zirconium 93 (Zr 93) 10 Zirconium 95 (Zr 95) 10 Zirconium 97 (Zr 97) 10 Any radioactive material not listed above other than 0.1 I alpha emitting byproduct material.

NoTE.: Authorily cited: Sections l 14975, 115000 and 131200, Health and Safety

2. Amcndtnc1\\l filed 10-12-72; effective thirtieth day thcrcaficr (Register 72 No.

Code. Rcfc,cncc Sections 114965, 114970, 115000, 115060, 115165, I 15230, 42).

11 > 1_** ~ I_', '050, 131051 imd 1:1 \\052, Hcr.1~h flfl<l S;,_f.. :_.,. r*r,r1.:

3, Amendment ntcd 7-7--86; cffccfr,*c thirtieth cluy thcrcaf!c:* (i<qi,istcr 8G, lo.

HISTORY 28).

1, New Schedule A fik.'<I 7- -71; effective thirtieth day tlmrcaflcr (Register 7 !,

4. Amendment of Nor£ filed 7-28-2006; operative 8-27-2006 (Register 2006, No. 30). [ior history of former section, sec Register 62, No. 16.

No. 30).

Page 2-01 Re~ister 2015, Na. l; 1-2-2015

§ 30236 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17

5. Amendment of section and NoTE filed 12-30-2014; operative 4-1-2015 (Reg-ister 2015, No. 1).

§ 30236.

Schedule B, Table I, In Vitro Clinical Tests.

[Repealed]

NOTE; Authority cited: Sections 208 and 25811, Health and Safety Code, Refer-ence: Sections 25801, 25802, 25811, 25815, 25855, 25875 and 25876, Health and Safoty Code.

HISTORY

1. New Schedule B filed 7-7-86; effective thirtieth day thereafler (Register 86, No. 28). For history of former Scl1edulc B, sec Registers 72, No. 42, and 67, No.

46.

2. Repealer filed 6-8-2011; operative 7-8-2011 (Register 2011, No, 23),

Page 202 Rcgister2015, No.1; 1-2-2015

Title 17 Radiation-Radiologic Technology-Nuclear Medicine Teclmology S 3U2SI

§ 30237.

Schedule C. Exempt Concentrations.

Column I Column II i

Element (atomic number)

Isotope Gas Liquid and Solid i

Concentration Concentration

µCi/ml1

µCi/ml2

Antimony (51)

Sb 122 3E-43 I

Sb 124 2E-4

_J.

I

\\sb 125 1E-3 I I

Argon (18) 1A37 1E-3 I

I I

A 41 4E-7 I

I I

Arsenic (33)

As 73 I

5E-3 I

~

4 5E-4 I

6 2E-4 As 77 8E-4 Barium (56)

Ba 131 2E-3 I

I Ba 140 3E-4 i

I :

'Beryllium (4)

Be 7 2E-2 I

I I

1 Bismuth (83)

• • • • - _ -- _ I Bi 206 4E-4 i

Bromine (35)

Cadmium (48)

I

---~- -----------* --------****----....

Calcium (20)

'Carbon (6)

Cerium (58)

Cesium (55)

Chlorine (17)

\\Br 82 i4E-7 3E-3 I

iCd I

109 2E-3 I

I

!Cd 115M I

3E-4 I

i Cd 115 I 3E-4 I

I i

I 1Ca 45 9E-5 I

t

\\

.ca 47 i5E-4

-*-T*---- *************-------*---.,- ----~'- -------------

.. :;/l~~-=-*-:*1-~--6______

I__ 4_ __ ~- =:* ----- __j Ce 143

'4E-4

,Cs 134m Cs 134 Cl :,s 8f:'-7 Page 202.1 1 E-4 2E-2 6E-2 9E-5 4E-3 Register 2015, No.1; 1-2-2015

§ 30237 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 Chromium (24)

Cr 51 2E-2 Cobalt (27)

Co 57 5E-3 Co 58 1E-3 Co60 5E-4 Copper (29)

Cu64 3E-3 Dysprosium (66)

Dy 165 4E-3 I

Dy166 4E-4 I

Erbium (68)

Er169 9E-4 Er171 1E-3 j

!Europium (63)

Eu 152 6E-4 (T/2=9.2 hrs)

Eu 155 2E-3 j

Fluorine (9)

F18 2E-6 8E-3

!Gadolinium (64)

Gd 153 2E-3 I

Gd 159 8E-4 I

'I Gallium (31)

Ga 72 4E-4

• ==J I Germanium (32)

Ge71 2E-2

'. Gold (79) 1Au 196 2E-3 I

Au 198 I5E-4 Au 199 2E-3 i

i Hafnium (72)

Hf 181 7E-4

[ Hydrogen (1)

H3 5E-6 3E-2

• • --**-J

!Indium (49)

In 113M 1 Ec2 In 114M 2E-4 l

! Iodine (53)

I 126 3E-9 2E-5 I

I

..,, ______ ]

I 131 3E-9 2E-5 I

I

• -*-*-**--*.J I 132 8E-8 6E-4 I

I 133 1 E-8 I ?E-5 __ ----

I I

l I

I 134 2E-7

'IE-3

---

1 r-**... ---------

I Page 202.2 Register 2015, No.1; 1-2-2015

Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30237 Iridium (77) i Ir 194 Iron (26)

IFe 55 j6E-4

!Fe 59 Krypton (36)

Kr 85M 1 E-6 I

--*-------*-j

!Kr 85 r3E-6 Lanthanum (57)

,La 140 l2E-4 Lead (82)

Lutetium (71) ----

Manganese (25)

Pb 203 jLu 177

'Mn 52

!Mn 54

_Mn 56 4E-3

, 1 E-3

3E-4 11 E-3

1 E-3 Mercury (80) i Hg 197M

!2E-3 Molybdenum (42)

Neodymium (60) 1Hg 197

'Hg 203 iMo 99

,Nd 147 Nd 149 Nickel (28)

Ni 65 Niobium (Columbium) (41)

Nb 95 3E-3

. *-***---**------**~--

2 E-4

2E-3 6E-4 3E-3 1 E-3

.1E-3 Nb97 9E-3 Osmium (76)

Palladium (46)

Phosphorus (15)

Os 185 Os 191M

'Os 191 Os 193

Pd 103 Pd 109 P 32 Page202.2(a) 7E-4 3E-2 2E-3.

6E-4 3E-3 9E-4 2E-4 Register 2015, No.1; 1-2-2015

§ 30237 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 r-----*-*-----*

i Platinum (78)

I I

Polonium (84)

Potassium (19) 1----

Praseodymium (59)

Promethium (61)

Rhenium (75)

Rhodium (45)

Ruthenium (44)

Samarium (62)

Scandium (21)

Seieniurn (34)

Silicon ('14)

!Pt 197M Pt 197 Po 210 jK42 IPr142

[Pr143

',Sc46 Sc47

• sc 48

,Se 75

..... ----r*-: ****- -*-.. ----*-*-*-..,..... -.--,,*---*

Si 31 Page 202.2(b) i 1 E-3 I

I 1 E-2 1 E-2 1 E-3 7E-4 3E-3 f3E-4 i5E-4

__J i

_I

---..J

.J i

---

*** _.i I2E-3 I

• ~---------,__J i4E-4 1 E-7 18E-4

• • • • • 1 -

14E-4 9E-4 3E-4 3E-3 9E-3 Register 2015, No.1; 1-2-2015

Title 17 Silver (47)

Sodium (11)

Strontium (38)

Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30237 I

1E-3 Ag 105 i

Ag 110M I

3E-4 I

Ag 111 j4E-4 I

I I

\\2E-3 Na 24 I

I 1 E-4 Sr85 I

i i I i1E-4 Sr89 I

I I

--*****--*--.. ---*-----, ________ }

I7E-4 i

.... 1

... ~

j lsr 91

Sr 92 i?E-4

_s_-~_lf~_---~-_(1_--6_)_--_--------------~~-=-----;i_s_3_5_---~i 9_E_-_8 ___ ~l?E-4 Tantalum (73)

/Ta 182

/4E-4

---

~--------~---------1 Technetium(43)

ITc96M I1E-1 Tc 96 1E-3 iTe 125M l2E-3 Tellurium (52)

! Te 127M

[6E-4 iTe 127 13&i 4

---

~~~=~---~

!Te129M

~

\\Te 131M

[6E-4 j;~b-iu~-i~~~-~=--:=-~ -_ =::.. ~J~;:);i_~= =~-:--= ________ ~:::-=----

ThaIIium (81)

!Tl 200

4E-3

!Tl 201 I3E-3 iTI 202 I 1E 3

'~;;:. -....

-1;g-Thulium (69)

-- ----*-****-*----*-**** -** --*-*-**--** --*--T*----*--* *-----*-*--.,--.---****--*,------~

Tin (50)

Sn 113 I9E-4 Sn 125 2E-4 Tungsten (Wolfram) (74)

w 181 4E-3

W187 7E-4 Vanadium (23)

• v 48

.3E-4 Page 202.2(c)

Regillter 2015, No. l; 1-2-2015

§ 30250 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 Xenon (54)

Xe 131M Xe 133 Xe 135 Ytterbium (70)

Yb 175 Yttrium (39)

Y 90 Y91M Y 91 Y 92 Y 93 Zinc (30)

Zn 65 Zn69M Zn 69 Zirconium (40)

Zr95 Zr97 Beta and/or gamma emitting radioactive material not listed above with half-life less than three years Footnotes to Schedule C.

1, Values arc given only for those materials nonnally used as gases.

2. ~tCi/gm for solids.

3. Numerical value expressed in "E notation" where the letter "E" represents "times ten raised to the power of," thus, replacing the "x 10" in scientific11otation, followed by the value of the exponent. (e.g. I x 102 = IE2; 1 x 10-2 = I E-2)

NOTE: I: Many radioisotopes disintegrate into isotopes which are also radioac-tive. 111 expressing the concentrations in Schedule C, the activity slated is that of the parent isotope and takes into account the daughters.

NOTE: 2: Where there is involved a combination ofisotopes, the limit for the com-bination should be derived as follows: Determine for each isotope in the product the ratio between the concentration present in the product and the exempt con-centration established in Schedule C for tho specific isotope when not in combina-tion. The sum of such ratios may not exceed "1" (i.e., unity).

EXAMPLE:

Conconlral\\on of !so lope A in Product Concentrate of Isotope B irt Product I

---

~-----+-----------S Exempt conccnlmlio11 of Jso!opc A Exempt conccnlmlion offaolopc B NOTE: Authority cited; Sections 114975, 115000 and _131200, Heallh and Safety Code,

Reference:

Sections l 14965, 114970, 115000, 115060, l 15165, 115230, 115235, 131050, 131051 and 131052, l-Icalth and Safety Code.

HISTORY

l. Amendment filed 7-22-71; effective thirtieth day thcrcaflcr (Register 71, No.

30),

2. Chnnge without regulatory effect amending Arsenic and Beryllium and adop-tion of NOTE filed 11-1-9! pursuant to section 100, title l, California Code of Regulations (Register 92, No. 5).

3, Arncndmenl of!lstings for argon and platinum and arnendmenl of foolnole 2 and Norn filed 7-28-2006; operative 8-27-2006 (Register 2006, No. 30),

4. Repcnler and new section filc_d 12-30-2014; operative 4-1-2015 (Register 2015, No. I),

4E-6 I

3E-6 i

1 E-6 I

i 1E-3 2E-4

_I 3E-2 I

3E-4 i I 6E-4 i

3E-4 I I 1E*3

' ' I 7E-4 i

2E-2 6E-4 2E-4 i

I 11 E-1 0 1 E-6 i

I I

I Group 3.

Standards for Protection Against Radiation Article 1.

General

§ 30250. Authority. [Repealed]

NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code. Refer-ence: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.

HISTORY

1. Repealer of Arliclc 1 and new Article 1 (30250 through 30255) filed 11-29-65; effective thirtieth day thcreafier (Register 65, No. 23). For fonncr Article J, sec Register 62, No. I,

2. Repealer filed 6-18-87; operative 7-18-87,(Register 87, No, 28),

§ 30251. Purpose. [Repealed]

NOTE: Authority cited: Sections 208 and 25811, Health and Safely Code, Refer-ence: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.

HISTORY

l. Repealer filed 6--18-87; operative 7-18-87 (Register 87, No. 28).

§ 30252. Scope and Purpose.

(a) Group 3 regulations apply to all persons who possess sources ofra~

diation, except as exempt from the licensing and registration require~

ments or otherwise specifically exempted by the provisions of Group 1 and Group 2 of this snbchapter.

(b) The Emits in Group 3 do not apply to doses due to background radi-ation, to exposure of patients to radiation for the purpose of medical diag-nosis or therapy, or to voluntary participation in medical research pro-grams.

Page 202.2(d)

Register 2015, No, 1; 1-2-2015

Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30254 NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code. Refer~

ence: Sections 25801, 25802, 25811 and 25815, Health and Safety Code.

HISTORY Repealer and new subsection (b) filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emergency language will be repealed by operation oflaw on the following day. For prior history, see Register 87, No. 28.

2. Certificate of C:Omp\\iance as to 3-3-94 order transmitted to OAL 6----7-94 and filed 7-14-94 (Register 94, No. 28).

3. Editorial correction deleting HI.STORY l and amending and redesignating HISTO-RY 2 (Register 94, No. 28).

§ 30253.

Standards for Protection Against Radiation.

(a) The regulations governing standards for protection against radi-ation in title l 0, Code ofFederal Regulations, part 20, (l O CPR 20) sec-tions 20.1001 throl1gh 20.2402 and Appendices A through G, (January 1, 2013) are hereby incorporated by reference With the following excep7 tions:

(l) Title l 0, Code of Federal Regulatious. sections 20. !001, 20. l 002, 20.1006, 20.1007, 20.1008, 20.1009, 20.1401, 20.1402, 20.1403, 20.1404, 20.1405, 20.1406, 20.\\905(g), 20.2106(d), 20.2203(c),

20.2206, 20.2302, 20.240 l, and 20.2402, and Appendix D are not incor-porated by reference.

(2) Any references to the United States Nuclear Regulatory Comtnis-sion (NRC) or any component thereof shall be deemed to be a reference to the California Department of Public Health.

(3) The definition of the term "Byproduct material" in l O CFR 20, sec-tion 20.1003 *is replaced by the definition of the term radioactive materi-al" as defined in section 30100 of this regulation.

(4) The d~finition of the term "License" in l O CFR 20, section 20.1003 is replaced by the definition of the tenn "License" as defined in section 30100 of this regulation.

(5) The definition of the term "Licensed material" in 10 CFR 20, sec-tion 20.1003 is modified to mean any radioactive material (including source material, special nuclear material, or byproduct material) re-ceived, possessed, used, trarn,-feJTed or disposed of under a genera 1 or spe-cific license issued by the NRC, or by any other Agreement State or by any state that has been either provisionally or finally designated as a Li-censing State by the Conference of Radiation Control Program Directors, Inc. With respect to dos*e limits and reporting requirements, the term "Li-censed material" is to be construed broadly in context to include any source of ionizing radiation subject to the requirements of this regulation.

(6) The definition of the term "Licensee" ~s defined in 10 CPR 20, sec-tion 20.1003 is replaced by the definition of the term "User" as set forth in section 30100 of this regulation.

(7) The definition of the term "Person" as defined in 10 CFR 20, sec-tion 2.0.1003 is. replaced by the definition of the term Person" as set forth in section l 14985(c) of the Health and Safety Code.

(8) The definition of the term "Radiation (ionizing radiation)" as de-fined in 10 CFR 20, section 20.1003 is replaced by the definition of the term "Ionizing radiation" as set forth in section J 14985(b) of the Health and Safety Code:

(9) The definition of the term "Special nuclear materials" as defined in 1 O CFR 20, section 20.1003 is replaced by the definition of the term "Special nuclear material" as set forth in section 114985(£) of the Health and Safety Code.

(10) Reports of transactions and inventories required in l O CFR 20, section 20.2207 shall be submitted to the National Source Tracking Sys-tem maintained by NRC as specified in section 20.2207. Methods of re~

porting specified in section 20.2207(£) arc identified on NRC 's form, ref-et*enced in section 20.2207([)(4).

(l l) Sections 30.35(g), 40.36([), and 70.25(g), as cited in 10 CPR 20.lSOI(b), shall be deemed to reference section 30256(a); sections 50.75(g) and 72.30( d), as cited in IO CPR 20. 150 l(b ), are not incorpo-rated by reference.

(b) The terms defined ih 10 CFR 20, section 20. 1003, as incorporated by *reference, shall apply to this 1*egulation, except that:

(l) The term "Act" as defined in 10 CFR 20, section 20.1003 is limited to the textual material incorporated by reference in subsection (a) above.

The meaning of the term "Act" elsewhere in this regulation, is as defined in section 30100 of this regulation.

(2) The term "Department" as defined in l O CFR 20, section 20.1003 is limited to the provisions incorporated by reference in subsection (a).

The meaning of the term "Department" elsewhere in this regulation, is as defined in section 30100 of this regulation.

NOTE: Authority cited: Sections 114975, I l 5000 and 131200, Health and Safely Code.

Reference:

Sections 114960, 114965, 114970, 114985, 114990, 115060, 115105, 115110, 115120. 115165. 115230, 115235. 13 1050, 131051 aod 131052 Health and Safety Code.

HISTORY

1. Repealer and new section filed 3-3-94 as an emergency; operative 3-J---94 (Register 94, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emergency language wi!\\ be.repealed by operation of la_w on the following day. For prior history, see Register 86, No. 28.

2. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6---7-94 and filed 7-14-94 (Register 94, N_o. 28).

3. Editorial correction de\\Cting HISTORY 1 and amending and redesignatingH1sr0-RY 3 (Register 94, No. 28).

4. Editorial correction of sectio11 heading (Register 99, No. 8).

5. Amendment of section and Norn filed 10-15-2001; operative 11-14-2001 (Register 2001, No. 42).

6. Cha1_1gewithoutregulatory cffectamendingsubsection (a)(!) andrcpeaiing sub-secttons (a)(I0)-(12) filed 8-8-2002 pursuant to section 100, title I, Ca\\ifomia Code of Regulations (Register 2002, No. 32).

7. Amendment filed 7-20-2006; operative 8-19-2006 (Register 2006, No. 29).

8. Amendment of subsections (a)-(a)(3) and (a)(S), new subsection (a)(l0),

amendment of subsections (b)(l)-(2) and amendment of NoTE filed 11-9-2010; operative 12-9-2010 (Register 2010, No. 46)'.

9. Amendment of subscctio11 (a), new Sllbsectio11 (a)( 11) and amendment of NOTE filed 12-30-2014; operativc4-l-2015 (Register 2015, No. 1).

Article 2.

Notices, Instructions, and Reports to Workers; Inspections and Investigations

§ 30254. Inspection.

(a) Each user shall afford to the DeparLment or other official agency specifically designated by the Department, at all reasonable times, op-*

portunity to inspect materials, machines, activities, facilities, premises, and records pursuant to these regulations.

(b) During an inspection, inspectors may consult privately with work-ers as specified below. The user may accompany inspectors dming other phases of an inspection.

(1) Inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applica~

ble provisions of Department regulatkms and licenses to the extent the inspectors deem necessary for the conduct of an effective and thorough inspection.

(2) During the course of an inspection any worker may bring privately to the attention of the inspectors, either orally or in writing, any past or present condition which he has reason to believe may have contributed to or caused any violation of the Radiation Control Law, these regula-tions, or license condition, or any unnecessary exposure of an individual to radiation from licensed radioactive material or a registered radiation machine under the user's control. Any such notice in writing shall com-ply with the requirements of subsection (h) hereof.

(3) The provision of paragraph (b )(2) of this section shall not be inter-preted as authorization to disregard instructions pursuant to Section 30255(b)(l).

(c) If, at the time of inspection, an individual has been authorized by the workers to represent them during inspections, the user shall notify the inspectors of such a_uthorization and shall give the workers' representa-tive an opportunity to accompany the inspectors during the inspection of physical working conditions.

(d) Each worker's representative shall be routinely engaged in work under control oftb.e user and sh ail have received instructions as specified in Section 30255(b )(I).

(e) Differet1t reJ)resentatives of users and worken; may accompany the inspectors during different phases of an inspection if there is no resulti11g Page 202.2(e)

Register 2015, No. 1; 1---2---2015

§ 30255 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 interference with the conduct of the inspection. However, only one work-ers' representative at a time may accompany the inspectors.

(f) With the approval of the user and the workers' representative, an individual who is not routinely engaged in work under control of the user, for example, a consultant to the user 01: to the workers' representative, shall be afforded the opportunity to accompany inspectors during the in-spection ofphysica1 working conditions.

(g) Notwjthstanding the other provisions of this section, inspectors are authorized to refuse to peimit accompaniment by an individual who de-liberately interferes with a fair and orderly inspection. With regard to any area con,taining proprietary information, the workers' representative for that area shall be an. individual previously authorized by the user to enter that area.

• (h) Any worker or representative of Workers who believes that a viOla-tion of the Radiation Control Law, t_hese regulations or license conditions exists, or has occurred in work under a license or registration with regard to radiological working conditions in which the worker is engaged, may request an inspection by giving notice of the alleged violation to the De-partment or other official agency specifically designated by the Depart-ment. Any such notice shall be in writing, shall set forth the specific grounds for the notice, and shall be signed by the worker or representa-tive of the workers. A copy shall be provided to the user by the Depart-ment no later than at the time of inspection except that, upon the request of the worker giving such n0tice, his name and the name of individuals referred to therein shall not appear in Such copy or on any record pub-lished, released, or made available by the Department except for good cause shown.

(i) If, upon receipt of such notice, the Chief, Radiologic Health Branch, of the Department, determines that the complaint meets the re-quirements set forth in s11bsection (h) hereof, and that there are reason-able grounds to believe that the alleged violation exists or has occurred, he shall cause an inspection to be made as soon as practicable, to deter-mine if such alleged violation exists or has occurred. Inspections pur-suant to this section need not be limited to matters referred to in the com-plaint.

G) No user shall discharge or in any manner discriminate against any worker because such worker has filed any cOmplaint or instih1ted or caused to be instituted any proceeding under these regulations or bastes-tified or is about to testify in any such proceeding or because of the exer-ci.se by such worker on behalf of himself or others of any option afforded by this section.

(k) Ifthe Chief, Radiologic Health Branch, of the Department, deter-mines with respect to a complaint under subsection (h) hereof that an in-spection is not warranted because there are no reasonable grounds to be-lieve that a violation exists or has occurred, the complainant shall be notified in writing of such determination. The complainant may obtain review of suCh determination by submitting a written statement of posi-tion to the Director of the Department, who will provide the user with a copy of such statement by certified mail, excluding, a*t the request of the complainant, the name of the complainant. The user may submit an op-posing written statement of position with the Director of the Department who will provide the complainant with a copy of such statement by certi-fied mail. Upon the request of the complainant, the Director of the De-partment, or his designee, may hold an informal conference in which the complainant and the user may orally present their views. An informal conference may also be held at the request of the user, but disclosure of the identity of the complainant will be made only following receipt of written authorization from the complainant. After considering all vrritten or oral views presented, the Director of the Department shall affirm, modify, or reverse the detennination of the Chief, Radiologic Health Branch, of the Depaitment, and furnish the complainant and the user a written notification of his decision and the reason therefor.

({) lfthe Department detem1ines that an inspection is not warranted be-cause the requirements of subsection (h) hereofhave not been met, it shall notify the coP.1plainant in writing of such determination. Such determina-tion shall be without prejudice to the filing of a new complaint meeting the requirements of subsection (h) hereof.

Norn: Authority cited: Sections 114975, 115000 and 13 1200, Health and Safety Code,

Reference:

Sections 114965, 114970, 115000,. 115060, 115165, 115230, 115235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY 1, Repealer and new section filed 8-19-75 as an emergency; effective upon filing (Register 75, No. 34). Approved by CAL/OSHA Standards Board 12-16--75.

2. Ce'rtificate of Compliance filed 11-28-75 (Register 75, No, 48).

3. Amendment of subsections (b)(3) and (d) filed 8-23-76; effective thirtieth day thereafter (Register 76, No. 35).

4. Amendment of subsections (h), (i) and (k) filed 6--18-87; operative 7-18-87 (Register 87, No. 28).

New article 2 heading and amendment of subsection (b)(3) filed 3-3-94 as an emergency; operativc3-3-94 (Register 94, No, 9). A 'Certificate of Compliance must be transmitted to OAL by 7-1-94 or emergency language will be repealed by operation of law 011 the following day.

6. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

7. Amendment of subsection (d) and amendment of Norn filed 12-30-2014; op-erative 4--1-2015 (Register 2015, No. 1).

§ 30255.

Notices, Instructions, and Reports to Personnel.

(a) This section establishes requirements for notices, instructions, and reports by users to individuals engaged in work under a license or regis-tration and options available to such individuals in connection with De-partment inspections of liyensees or regiStrants to ascertain compliance with the provisions of the Radiation Control Law and regulations, orders, and licenses issued thereunder regardiqg radiological working condi-tions. The requirements in this section apply to all persons _who receive, possess, use, own or transfer material licensed by or registered with the Department.

(b) Each user shall:

(1) Inform all individuals working in or frequenting.any-portion ofa controlled area of the storage, transfer, or use ofradioaqti.vo materials or of radiation in such portions of the controlled area; instruct such individu-als in the health protection problems associated with expo.sure to such ra-dioactive materials or radiation, in precautions or procech.1res to mini-mize exposure, and in the purposes and functions of prciiective devices employed; instrnct such individuals in, and instmct theill' to observe, to the extent within their control, the applicable provisions of Department regulations and license conditions for the protection of personnel from exposures to radiation or radioactive materials occurring in such areas; instruct such individuals of theirresponsibility to report promptly to.the licensee or registrant any condition which may lead to or cause a viola-tion of department regulations or license conditions or unnecessary expo-sure to radiation or radioactive material, and of the inspection provisions of Section 30254; instruct such individuals in the appropriate response to warnipgs made in the event of any unusual occurrence or malfunction that may involve exposure to radiation or radioactive materials; and ad-vise such individuals as to the radiation exposure reports which they may request pursuant to this section. The extent of these instmctions shall be commensurate with potential radiological health protection problems in the controlled area.

(2) Conspicuously post a current copy of this regulation, a copy of applicable licenses for radioactive material, and a copy of operating and emergency procedures applicable to work with sources of radiation. If posting of documents specified in this paragraph is not practicab1c the user may post a notice which describes the document and states where it may be examined.

(3) Conspicuously post a current copy of Department Form RH-2364 (Notice to Employees) in a sufficient number of places to permit individ-uals working in or frequenting any portion of a controlled area to observe a copy on the way to or from such area.

(4) Conspicuously post any" notice of violation involving radiological.

working conditions or any order issued pursuant to the Radiation Control Law and any required response from the user. Department documents posted pmsuant to this paragraph shall be posted within two working days after receipt of the documents from the Department; the user's re-sponse, if any, shall be posted within two working days afler dispatch by the user. Such documents shall remain posted for a minimum of five working days or until action correcting the violation has been completed, whichever is later.

Page 202.2(1)

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Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30256 (5) Assure that documents, notices, or forms posted pursuant to this

2. Cettificate of Compliance as to 3-3-94 order transmitted to OAL 6----7-94 and section shall appear in a sufficient number of places to permit individuals filed 7-14--94 (Register 94, No. 28).

engaged in work under the license or registration to observe them on the

3. Amendment of subsections (a)(6)-(a)(6)(D) and amendment of NOTE filed

,way to or from any particular work location to which the document ap~

11-9-2010; operative 12-9-2010 (Register 2010, No. 46).

plies, shall be conspicuous, and shall be replaced if defaced or altered.

(6) Provide reports to any individual of their radiation exposure data

§ 30256. Vacating Installations: Records and Notice.

and the results of any measurements, analyses, and calculations Of radio-(a) Each person granted a specific license pursuant to Group 2 of this active material deposited or retained in the body of that individual as spe-Subchapter shall keep records of infonnation important to the decommis-cified in this section. The information reported shall include data and re-sioning of a facility in an identified location utltil the site is released for suits obtained pursuant to Department regulations, orders, or license unrestricted use by the Department. Before licensed activities are trans-conditions, as shown in records maintaiued by the user pursuant to De-ferred or assigned in accordance with 30194( c), licensees shall transfer partment regulations. Each notification and report shall: be in writing; in-all records described in this section to the new licensee. In this case, the elude appropriate identifying data such as the name of the user, the name new licensee shall be responsible for maintaining.these records until the of the individual', the individual's Social Security number; include the in-lic~n_se is terminated. If records important to the decommissioning of a dividual's exposure information; and contain the following statement:

fac1l1ty are kept for other purposes, reference to these records and their "This report is furnished to you under the provisions of the California locations may be used, The records shall inch.14e the following infonna-State Department of Public Health Regulations: Standards for Protection tion important to decommissioning:

Against Radiation. You should preserve this report for fuh1re reference."

( 1) Records of spilis or other unusual occurrences involving the spread These reports shall be provided as follows:

of contamination in and around the facility, equipm_ent, or site. These re-(A) Each user shall advise each worker arinually of the worker's dose cords shall include but not be limited to a description of any instances as shown in records maintained by the user pursuant to title 10, Code of when contamination remains after any cleanup procedures or when there Federal Regulations, part 20, (l O CFR 20), section 20.2106 as incorpo-is reasonable likelihood that contaminants rriay have spread to inaccessi-rated by reference in section 30253. The user shall provide an annual re-ble areas, as for example, possible seepage into porous materials such as port to each monitored individual pursuant to section 20.1502, incorpo-concrete. These records shall include any known information on identifi-rated by reference in section 30253, of the dose received in that cation of involved nuclides, quantities, forms, and concentrations.

monitoring year if:

(2) As-built drawings and modification drawings of structures and

l. The individual's occupational dose exceeds 100 mrem total effec-equipment in restricted areas where radioactive materials are used or tive dose equivalent or 100 mrem to any individual organ or tissue; or stored, and of locations of possible inaccessible contamination such as 2, The individual requests his or her annual dose report.

buried pipes which may be subject to contamination. If required draw-(B) At the request of a work.er formerly engaged in work controlled by ings are referenced, each relevant document need not be indexed individ-the user, the user.shall furnish to the worker a report of the worker's ex-ually. If drawings are not avail.able, the licensee shall substih1te appropri-posure to radiation or radioactive material as shown in records main-ate records of available information concerning these areas and taineU by the user pursuant to 10 CFR 20, section 20.2106 that has been locations.

incorporated by reference ill section 30253, for_ each year the worker was (3) Except for areas containing only sealed sources (provided the required to be monitored pursuant to section 20.1502 and for each year sources have not leaked or no contamination remains after any leak) or the worker was required to be monitored under the monitoring require-a.ny radio_acti~e ma~rials having only half-lives of less than 65 days, a ments in effect prior to March 3, 1994._ Such report shall be furnished hst contamed ma smgle document and updated eve1y 2 years, of the fol-within 30 days from the time the request is made, or within 30 clays after lowing:

the exposure of the individual has been determined by the user, whichev-(A) All areas designated and formerly designated restricted areas as er is later. This repmtshall cover the period of time thatthe worker's acti-defined in Title 10, Code ofFed~!,JZegulations, Section 20.1003 incor-vities involved exposure to radiation from radioactive material licensed porated by referenGe~t!ursuant fol Title 17, California Code of Regula- ---

by, or radiation machines registered with, the Department and shall in-tions, Section 30253;)

/---

elude the dates and locations of work under the license or registration in (B) All areas outstde restricted areas that require documentation under which the worker partiCipated during this period.

(a)(l );

(C) When a user is required pursuant to l O CFR 20, sections 20.2202, (C) All areas outside of restricted at-eas where current and previous 20.2203, or 20.2204, as incorporated by reference in section 30253, to wastes have been buried as documented under Title l 0, Code of Federal report to the Department any exposure of an individual to radiation or ra-Rcgula~ions: Section 20.2108 incorporated by refi2!!~1ce pursuantto,,TTt1e r--

dioactive material, the user shall also provide the individual a report 011 17, Cahforn1a Code of Regulations, Section 30253]and his exposure data included therein. Such reports shall be transmitted at (D) All areas outside of restricted areas whi~ntain material such a time not later than the transmittal to the Department.

that, if the license expired, the licensee would be required to either decon-(D) At the request of a worker who is terminating employment with taminate the area to unrestricted release levels or apply for approval for the user that involved exposure to radiation or radioactive materials, dur-disposal under Title 10, Code of Fe~ Regulations, Section 20.2002 ing the current calendar quarter or the current year, each user shall pro-incorporated by refeince pursuant t~

17, California Code ofRegu-vide at te1mination to each worker, or-to the worker's designee, a written lations, Section 30253, report regarding the radiation dose received by that worker from opera-(4~ Records ofth cost estima~e perfonned for the decommissioning tions of the user during the cunent year or fraction thereof. If the most fund mg plan or of the ammmt certified for decommissioning, and records recent individual monitoring results are not available at that time, a writ-of the funding method used for assuring funds if either a funding plan or ten estimate of the dose must be provided together with a clear indicatimt certi.f~tion is used pursuant to S_ecti~n 30195. 1.

that this i~ an estimate.

c'i(b) Jbch person granted a specrfic hcense pursuant to Group 2 ofthis NOTE: Authority cited: Sections 114975, 115000, 131051, J 31052, 131055 and/ ~ibchapter shall, no less than 30 days before vacating any installation l 3 l 200, Health and Safety Code.

Reference:

Sections 114940, 114965, 11500o' which may have been contaminated with radioactive material as a result I I 5060, 1151 I 0, 1 ! 5230 and l 15235, Health and Safety Code.

[

of the hcensee's activities, notrfy the depaltment m writing of mtent to HISTORY

\\,

t Tl I II b b

d vaca e us nottce s 1a e su m1tte on form CDPH 5314 (06/09), en-

\\. Rc11u111bcrin?,,11:J,m1cndrncnt of former section 30?,80 to section 30255 fHc<f t ti d "C t fi t fD fM I "

3"-J--94 as ;u1,..,;_:**gcucy; opcrttti *,..: :', -~--94 (Register 94, No. 9). A Ccflificatc\\

1 e et I tea e o Lspos1tton o atc1 m s, winch ts mcorpotatcd by of Co111plia11cc 111nst be tnmsmittcd to ;,)AL by 7-1-94 or emergency \\anguagd refct-ence l1ctem, and shall addtess all requucments speclflcd rn subscc-will be rcpcalc<l by opcmtio11 of law on the following: day.

tion (c).

.-rl

("

/- >Ade::(!' ed,

,, b1-'.li' Page 202,2(g)

( i' ~5"'"(V-Pq (,f) ('JJ, ;ii ! R,gist,c201s, No. I; H-20ts

§ 30257 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 (c) Jf a licensee does not submit an application for license renewal un-der section 30194, the licensee shall on or before the expiration date spe-cified in the license:

(I) Terminate use ofradi9Cctiv material; (2) Remove radioactive cont;nnrn tion to the extent practicable except for those procedures covered ~y Su section (d) of this section; (3) Dispose of radioactive mater* I in accordance with applicable reg-ulations; (4) Submit a completed form CDPH 5314 (06/09), which cetiifies in-formation concerning the disposition of materials; and (5) Conduct a radiation survey of the premises where the iicensed acti-vities were carried out and submit a report of the results of.this survey, unless the licensee demonstrates that the premises are suitable for release for unrestricted use in some other manner. The licensee shall, as appro-priate:

(A) Report levels of radiaticin in units of microrads per hour of beta and gamma radiation at one centimeter and gamma radiation_ at one meter from surfaces, and repo1t levels ofradioactivity, including. alpha, in units of disintegrations per minute (or rnicrocuries) per 100 square centimeters removable and fixed for surfaces, microcuries per milliliter for water, and picocuries per gram for solids such as soils or concrete; and (B) Specify the survey instmment(s) used and certAat each instni-ment is properly calibrated and tested.

(fc... -...1 (d) In addition to the information required undef St~lJ'.sections (c)(4) and (5), the licensee shall submit a plan for completidp 09.1ecommission-ing if the procedures necessary to cany out decomrrtissioning have not been previously approved by the Departinent and could increase poten-tial health and safety impacts to workers or to the public such as in any of the following cases:

(1) Procedures would involve techniques not applied routinely during cleanup or maintenance operations; or (2) Workers would be entering areas not normally occupied where sur-face contamination and radiation levels are significantly higher than rou-tinely encountered during operation; or (3) Procedures could result in significantly greater airborne concentra-tions of radioactive materials than are present during operation; or (4) Procedures could result in significantly greater releases of radioac-tive material to the environment than those associated with operation.

(e) Procedures with potential health and safety imp~shall not be carried out prior to approval of the decommissioning p)a"rt. i (t) The proposed decommissioning plan, if required(by Su}Jsection ( d) of this section or by license condition, shall include:

/

(1) Description of planned decommissioning activities, *

(2) Description of methods used to assure protection of workers and the environment against radiation-h_a"ZafdS.di.lf_fg decommissionin.g; (3) A _deseripti~t of the pl~na-!Tnalradia~on survey; (4) _Tifelinforma[ion requited in (a)-(3) m~d any other information re-quired y (a) that}s considei~d necessary_)O support the adequacy of tbe decom; issionip'g plan for apl)r~~!;_,arrd (5) A.::,p,s!a1ed detailed cost estimate for decommissioning, compari-son of that estimate with present funds set aside for decommissioning, and plan for assuring the availability of adequate funds for completion of decommissioning.

(g) The proposed decommissioning plan will be approved by the De-partment if the Department determines that the decommissioning will be completed as soon as is reasonable and that the health and safety of work-ers and the public will be adequately protected.

(h) Upon approval of the decommissioning plan by the Department, the licensee shall complete decommissioning in accordance with the ap-proved plan. As a final step in decommissioning, the licensee shall again submit the information req11ircd in subsection ( c)(5) and shall certify the disposition of accumulated wastes from decommissioning by complet-ing form CDPH 5314 (06/09).

(i) If the information submitted under subsection (c)(S) or (h) does not a~equately demonstrate that the premises arc suitable for release for un-restricted use, the Department shall inform the licensee of the appropriate further actions required for termination of license.

U) Each specific license continues in effect, beyond the expiration date if necessary, with _respect to possession of residual radioactive material present as contamination until the Department notifies the licensee in writing that the license is terminated. During this time, the licensee shall:

(1) Limit actions involving radioactive material to those related to de-commissioning; and (2) Continue to control entry to restricted areas until they are suitable for release for unrestricted use and the Department notifies the licensee in writing that the license is terminated.

(k) Specific licenses shall be terminated by written notice to the licens-ee when the Department.determines that (I) Radioactive material has been properly disposed; (2) Reasonable effort has been made to eliminate residual radioactive contamination, if present; and

• (3) A radiation*survey has been performed which demonstrates that the premises are suitable for release for unrestricted use; or other infonnation submitted by the licensee is sufficient to demonstrate that the premises are suitable for release for unrestricted us*e.

NOTE: Authority cited: Sections 114975, 115000, 131051, 131052, -131055 and 131200, Health and Safety Code.

Reference:

Sections 114965, 114970, 115060, 115230 and 115235, Health and Safety Code.

HISTORY I. Renumbering of former section 30298 to section 30256 filed 3-3-94 as an emer-gency; operative 3-3-94 (Register 94, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emergency language will be repealed by operation oflaw on the following day.

2. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

3. Amendment of section heading and section filed 10-16-95 -as-an emergency; operative 10-16-95 (Register95,No, 42). A Certificate ofCo:q1pliance must be transmitted to OAL by 2-13-96 or emergency 1anguage will bC;repealed by op-oratio11 of law on the following day.

4. Certificate of Compliance as to 10-16-95 order, including amendment ofsub-sectiq11s (a), (c)(4) and (f)(3), new {f)(4) and subsection renumbering, and amendment of subsection (h) and NOTE, transmitted to OAL 2'--9-96 and filed 3-25-96 (Register 96, No. 13).

5. Amendment of subsection (a) filed 9-9-97; operative 10-9-97 (Register 97, No. 37).

6. Amendment of subsections (b), (c)(4) and (h) and amendment of NOTE filed 11-9-2010; operative 12-9-2010 (Register 2010, No. 46).

§ 30257.

Bankruptcy Notification.

(a) Each general licensee required to register pursuant to sections 30192.l(d)(l) or 30192.6(6)(1), and each specific licensee, shall notify the Department in writing immediately following the filing of a voluntary or invohmtary petition for bankruptcy under any chapter of title 11 (Bankn,ptcy) of the United States Code (11 U.S.C.) by or against:

(I) The licensee; (2) An entity (as that term is defined in 11 U.S.C. 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 U.S.C. I 01 (2)) of the li-censee.

(b) The notification to the Department shall indicate; (1) The bankniptcy court in which the petition for bankrnptcy was filed; and (2) The date of the filing of the petition.

NOTE: Authority cited: Sections 114975, 115000 and 131200, Healtl1 and Safety Code,

Reference:

Sections 114965, l 14970, l 15060, 115175, 115205, l 15230, 115235, 131050, 131051 and 131052, Hcalih and Safety Code.

HISTORY I. Renumbering of former section 30299 to section 30257 filed 3-3-94as an emer-gency; operative 3-3-94 (Register 94, No. 9). A CertificaleofCompliance mus!

be trunsmitted to OAL by 7-1-94 or emergency language will be repealed by operation of law on the following day.

2. Certificate ofComrliancc as to 3-3-94 order transmitted lo OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

3, Amendment of section and NOTE filed 6-8-2011; operative 7-8-20 l l (Register 2011, No. 23).

4. Amendment of subsection (a)(2) filed 12-30-2014; operative 4-1-2015 (Reg- **

ister2015,No.1).

Page 202.2(h)

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Title 17 Radiation-Radiologic Technology-Nuclear Medicine Technology

§ 30275

§ 30258.

General Definitions. [Repealed]

NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code. Refer-ence: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.

HISTORY

l. Repealer of article 2 and new rutic\\e 2 (section 30258) filed 11-29-65; effective thirtieth day thereafter (Register 65, No. 23). For former ruticle 2, see Register 62, No. 1.

2. Amendment filed 1-22-76; effective thiitieth day thereafter (Register 76, No.

4).

3. Repealer filed 6-18-87; operative 7-18-87 (Register 87, No. 28).

4. Editorial correction deleting article heading (Register 94, No. 15).

Article 3.

Surveys and Tests

§ 30265.

Occupational Dose Limits. [Repealed]

NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code. Refer-ence: Sections 25801, 25802, 25811, 25815, 25875 and 25876, Health and Safety Code.

HISTORY I. Repealer of article 3 and new article 3 (sections 30265 and 30266)

• filed 11-29-65; effective thirtieth day thereafter (Register 65, No. 23). For prior his-tory of article 3, see Register 62, No. 1.

2. Repealer of subsection (c) filed 7-7-86; effective thirtieth day thereafter (Regis-ter 86, No. 28).

3. Amendment of article heading and repealer of section filed 3-3-94 as an en;er-gency; operative 3-3-94 (Register 94, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

§ 30265.1. Determination of Prior Dose. [Repealed]

NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code. Refer-ence: Sections 25801, 25802, 25811, 25815, 25875 and 25876, Health and Safety Code.

HISTORY

1. New section 7-7-86; effective thirtieth day thereafter (Register 86, No. 28).

2. Change without regulatory effect of subsection (b) (Register 87, No. 6).

3. Repealer filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9).

A Certificate of Compliance musl be transmitted to OAL by 7-1-94 or eJT.er-gency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 3-3-94 order transmi!ted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

§ 30266.

Exposure of Individuals to Concentrations of Radioactive Material in Controlled Areas.

[Repealed]

NOTE: Authority cited: Sections 208 and 258 t I, Health and Safety Code. Refer-ence: Sections 25801, 25802, 2581 l, 25815, 25875 and 25876, Health ad Safety Code.

HISTORY

1. Amendment filed 7-7-86; effective thlltielh day thereafter (Register 86, No. 8).

2. Change without regulatory effect of Norn (Register 88, No. 6).

3. Repealer and arnendmenl of Norn filed 3-3-94 a5 an emergency; operative 3-3-94 (Register 94, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emergency language will be repealed by operation of law on the following day.

4. Ce1tificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

§ 30268.

Permissible Levels of Radiation in Uncontrolled Areas. [Repealed]

NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code. Refer-ence: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.

HISTORY I. Change without regulatory effect adding Norn (Register 87, No. 11 ).

2. Change without regulatory effect of subsection (a) (Register 88, No. 6).

3. Editorial cmTection of printing error restoring inadvertantly deleted HISTORY 2 (Register 92, No. 34).

4. Repealer filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9).

A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emer-gency language will be repealed by operation oflaw on the following day.

5. Certificate of Compliance us to 3-3-94 order transmitted to OA.L 6-7-94 and filed 7-14-94 (Register 94. No. 28).

§ 30269. Concentrations in Effluents to Uncontrolled Areas. [Repealed]

NOTE: Authority cited: Sections 208 and 2581 l, Health and Safety Code. Refer-ence: Sections 25801, 25802, 25811, 25815, 25875 and 25876, Health and Safety Code.

HISTORY

1. Change without regulatory effect adding NOTH (Register 87, No. 11).

2. Change without regulatory effect of subsection (a) (Register 88, No. 6).

3. Editorial correction of printing error restoring inadvertently deleted section (Register 92, No. 34).

4. Repealer filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9).

A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emer-gency language will be repealed by operation of law on the following clay.

5. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

§ 30275. Surveys and Tests.

(a) Each user shall make or cause to be made such surveys as are neces-sary for compliance with all provisions of this regulation.

(b) Upon instruction from the Department or other official agency spe-cifically designated by the Department, each user shall perform or cause to have perfonned, and shall permit the Department or said agency to per-form, such reasonable tests as the Department or said agency deems nec-essary for the protection of life, health, or property, 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.

(4) Other equipment and devices used in connection with utilization or storage of sources of radiation.

(c) Bach sealed source other than sources listed below, shall be tested for contamination prior to initial use and for leakage at least every six months:

(1) Hydrogen-3 or krypton-85 sources.

(2) Sealed sources containing licensed radioactive material in gaseous form.

(3) Source material.

( 4) Sources containing radioactive matc1ial with a half life of 30 days or less.

(5) Sources of beta-and/or gamma-~mitling radioact:.,~ material with an activity of 100 microcuries or less.

(6) Sources of alpha and/or neutron-emitting radioactive material with an activity of 10 microcuries or less.

In the absence of a certificate from a transferor indicating that a test has been made piior to the transfer, Lhe sealed source shall not be put into use until tested. If there is reason to suspect that a source might have been damaged, it shall be tested for leakage before further use. Contamination and leak tests shall be capable of determining the presence of 0.005 mi-crocuries of removable contamination. When any contamination or leak test reveals the presence of 0.005 microcuries or more of removable con-tamination the user shall immediately withdraw the source from use and shall cause it to be decontaminated and repaired or to be disposed of in accordance with applicable provisions of Group 2 of this subchapter.

Two copies of a report shall be filed, within 5 days of the test, with the Deparlment or other official agency specifically designated by the De-partment, describing the source involved, the test results, and the cmTec-tive action taken.

(d) The test sample shall be taken from the surface of the source, or source holder, or from the surface of the device in which the source is stored or mounted and on which one might expect contamination to accu-mulate. Where sealed sources are permanently mounted in devices or equipment, alternate tests for contamination and leakage may be ap-proved by the Department.

(e) Tests for contamination and leakage, decontamination, and repair of sealed sources shall be performed only by persons specifically autho-rized by the Department to do so in accordance with provisions of Group 2 of this subchapler.

(t) Records of leak tests shall be maintained as specified in United States, title l 0, Code of Federal Regulations, part 20, subpart Las incor-porated by reference in section 30253..

Page 202.2(i)

Rcgi:;!er 201g, No. I I; 3-lf,-2018

§ 30276 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 17 NOTE: Authority cited: Sections ! 14975, J 15000, 115060 and 13 [200, Heallh and Safety Code.

Reference:

Sections 114965, 114970, I 14980, 115060, 115230, l 15235, 131050, 131051 and 131052, Health and Safety Code.

HISTORY I. Repealer of article 4 and new wticle 4 (sections 30275 through 30281) filed 1 l-29-65; effective thirtieth day thereafter (Register 65, No. 23). For former article 4, see Register 62, No. 1.

2. Change without regulatory effect adding NOTE (Register 87, No. 11).

3. Amendment filed 11-4-91; operative 12-4-91 (Register 92, No. 5).

4. Editorial correction of printing error restoring inadvertantly deleted article heading {Register 92, No. 34).

5. Repealer of article heading and amendment of subsection (f) filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9). A Certificate of Com-pliance must be transmitted to OAL by 7-1-94 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

7. Amendment of No11~ filed 3-15-2018; operalive 3-15-2018. Submitted to OAL for filing and printing only pursuant to Health and Safety Code section 100425 (Register 2018, No. 11).

§ 30276.

Personnel Monitoring. [Repealed]

NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code. Refer-ence: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.

HISTORY

1. Change without regulatory effect adding NOTE (Register 87, No. 11).

2. Amendment of subsection (a), new subsection (b) and subsection renumbering filed 10-10-91; operative 11-9-91 (Register 91, No. 52).

3. Repealer filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9).

A Ce1tificate of Compliance must be transmitted to OAL by 7-1-94 or emer-gency language will be repealed by operation of law on the following day.

4. Certificate of Compliance a~ to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

§ 30277.

Bio-Assays and Medical Review. [Repealed]

NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code. Refer-ence: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.

HISTORY J. Amendment filed 9-4-73 as an emergency; effective upon filing (Register 73, No. 36). Approved by State Building Standards Commission 11-30-73.

2. Ce1tificatc Compliance 111ed 12-28-73 (Register 73, No. 52).

3. Change without regulatory effect adding NOTE (Register 87, No. 11 ).

4. Repealer filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9).

A CertificaLe of Compliance must be transmitted to OAL by 7-1-94 or emer-gency language wUJ be repealed by operation of law on the following clay.

5. Ce1tificate of Compliance as to 3-3-94 order transmiLled to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

§ 30278.

Caution Signs and Labels. [Repealed]

NOTE: AuthoriLy cited: Sections 208 and 25811, Health and Safety Code. Refer-ence: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.

HlSTORY

l. Amendment filed 11-16-67; effective thhtieth day thereafter (Regisler 67, No. 46).

§ 30279. Special Requirements for High Radiation Areas and Radiation Machines Capable of Producing High Radiation Areas. [Repealed]

NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code, Refer-ence: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.

HISTORY

1. Amendment filed 7-22-71; effective thirtieth day thereafter (Register 71, No, 30).

2. Change without regulatory effect adding NOTE (Register 87, No. 11).

3. Repealer filed 3-3-94 a5 an emergency; operative 3-3-94 (Register 94, No. 9).

A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emer-gency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 3-3-94 order transmitted lo OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

§ 30279.1.

Additional Special Requirements for Very High Radiation Areas. [Repealed]

NOTE: (1) Authority cited: Sections 208 and 2581 l, Health and Safety Code. Ref-erence: Sections 25801, 25802, 25811, 25875 and 25876, Health and Safety Code.

HISTORY

1. New section 7-7-86; effective thiitieth day thereafter (Register 86, No. 28).

2. Clmnge without regulato1y effect of NoTE (Register 88, No. 6).

3. Repealer and amendment of Norn filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9). A Ce1tificate of Compliance must be transmitted to OAL by 7-1-94 or emergency language will be repealed by operation of law on the following day.

4. Ce1tificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No, 28).

§ 30280.

Notices, Instructions, and Reports to Personnel.

[Renumbered]

NOTE: Authority cited: Section 208 and 25811, Health and Safety Code, Refer-ence: Sections 25801, 25802, 25811, 25815, 25826, 25875 and 25876, Health and Safety Code.

HISTORY

1. Amendment filed 8-19-75 as an emergency; effective upon filing (Register 75, No. 34). Approved by CAL/OSHA Standards Board 12-16-75.

2. Cettificate of Compliance filed 11-28-75 (Register 75, No, 48).

3. Amendment filed 7-7-86; effective thirtieth day thereafter (Register 86, No. 28).

4. Change without regulatory effect of subsections (b)(4) and (b)(6)(B) (Register 83, No. 6).

5. Renumbering of former section 30280 to new section 30255 filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emergency language will be repealed by opcralion of law on the following day.

6. Ce1tificate of Compliance as to 3-3-94 order transmitted to OAL G-7-94 and filed 7-14-94 (Register 94, No. 28).

§ 30281.

Storage and Control of Radioactive Material.

[Repealed]

NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code. Refer-ence: Sections 25801, 25802, 25811, 25875 and 25876, Health and Safety Code.

HISTORY I. Amendments filed 7-7-86; effeclive thi1tieth day thereafler (Register 86,

2. Change without regulatory effect adding NOTE (Register 87, No. I 0).

No. 28).

3. Repealer filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9).

2, Repealer filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9).

A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emer-A Cctttficate of Comphance must be trnnsmitted lo OAL by 7-1-94 or eme1-gency language will be repealed by operation oflaw on the [allowing day.

geney language will be repealed by opeiat10n of law on the fotlowmg day

4. Certificate of Compliance as to 3-3-94 or<ler transmitted to OAL 6-7-94 and

3. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and

,)iled.:5,!;!:-94 (Register 94:-~~-2!~,,,__ CCJ.../\\, \\U J:/, \\gQ;p,,P-a_Q 7 filed 7-14-94 (Register 94. No. 28).

~ 30278.1)Removal of Caution Labels from Empty r

§ 30282.

Procedures for Opening Packages. [Repealed]

Containers.

Norn: Authollty cited: Sections 208 and 25811, Health and Safety Code. Refer-Ea~i{-~JSer shall, prior to disposal of an empty uncontaminated contain-cnce: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.

1-IISTORY er to unrestricted areas, remove or deface the radioactive material label or otherwise clearly indicate that the container no longer contains radio-active materials.

NOTE: Authority cited; Sections 114975, 115000, 115060 and 131200, Health and Safety Code.

Reference:

Sections 114965, 114970, 114980, 115060, 115230, 1 !5235, 131050, 131051 and 131052, Health and Safety Code.

HJSTORY

1. New section filed 3-6-87; effective upon filing pursuant to Government Code Section l l 346.2(d) (Register 87, No. 10).

2. Amendment of NOTE filed 3-[5-2018; operative 3-15-2018. Submitted to OAL for filing and printing only pursuant to Health and Safety Code section 100425 (Register 2018, No. 11).

1. New section filed 6-19-73; effective thirtieth day thereafter (Register 73, No. 25).

2. Change without regulatoiy effect adding NOTE (Register 87, No. 11).

3. Repealer filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9).

A Certificate of Compliance must be transmitted lo OAL by 7-1-94 or emer-gency language will be repealed by operation of law on the fol!owing day.

4. Ce1tificate of Compliance as to 3-3-94 order 1ransmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

§ 30285.

General Requirement. [Repealed]

Norn: Authority cited: Sections 208 and 25811, Heallh and Safety Code. Refer-ence: Sections 25801, 25802, 2581 J, 258 l 2 and 25815, Health and Safety Code.

Page 202.2(j)

Rcgistcr2018,No. !1:3-16-2018

Title 17 Radiation-Radiologic Teclmology-Nuclear Medicine Technology

§ 30295 HISTORY

1. Repealer of article 5 and new article 5 (sections 30285, 30287, 30288) filed 11-29-65; effective thittieth day thereafter (Register 65, No. 23). For former article 5, see Register 62, No. 1.

2. Amendment filed 6-18-87; operative 7-18-87 (Register 87, No. 28).

3. Repealer of article heading and section filed 3-3-94 as an emergency; opera-tive 3-3-94 (Register 94, No. 9). A Certificate of Compliance must be trans-mitted to OAL by 7-1-94 or emergency language will be repealed by operation of law on the following day.

4. Ce1tificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

§ 30287.

Disposal by Release into Sanitary Sewerage Systems. [Repealed]

NOTE: Authority cited: Sections 208 and 258 t 1, Health and Safety Code. Refer-ence: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.

HISTORY

l. Change without regulatory effect adding NOTE (Register 87, No. 11 ).

2. Repealer filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9).

A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emer-gency language will be repealed by operation of law on the following day,

3. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

§ 30288.

Disposal by Burial in Soil. [Repealed]

HISTORY

1. Repealer filed 7-7-86; effective thirtieth day thereafter (Register 86, No. 28).

§ 30289.

Treatment or Disposal by Incineration. [Repealed]

NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code. Refer-ence: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.

HISTORY J. New secLion filed 7-22-71; effective thirtieth day thereafter (Register 71, No JO).

2. Change without regulatory effect adding NOTE (Register 87, No. 11).

3. Repealer filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9)

A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emer" gency hmguage will he repealed hy operation oflaw on the following day.

4. Ce1tificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

Article 3.1.

Records and Notification

§ 30293.

Records.

(a) Each user shall keep records showing the receipt, transfer, and dis-posal of each source of radiation which is subject to licensurc or registra-tion pursuant to groups 1.5 and 2 of this subchapter as follows:

(1) The user shall retain each record of receipt of a source ol' radiation as long as the source of radiation is possessed and for three years follow-ing transfer or disposal of the source of radiation.

(2) The user who transferred the source of radiation shall retain each record of transfer for three years after each transfer unless a specific re-quirement in another part of the regulations in this subchapter dictates otherwise.

(3) The user who disposed of the radioactive material shall retain each record of disposal of the radioactive material until the Depaitment termi-nates each license that authorizes disposal of the radioactive material.

(b) The user shall retain each record that is required by the regulations ln this subchapter or by license condilion for the period specified by the appropdate regulation or license condition. U a retention period is not otherwise specified by regulation or license condition, the record shall be retained until the Department tenninates each license that authorizes the activity that is subject to the recordkeeping requirement.

(c) Records which shall be maintained pursuant to this subchapter may be the original or a reproduced copy or microform if such reproduced copy or microfonn is duly authenlicated by authorized personnel and the microform is capable of producing a clear and legible copy after storage for the period specified by department regulations. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Re-cords such as letters, drawings, specifications, shall include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records.

(d) If there is a conflict between the Department's regulations in this subchapter, license condition, or other written Department approval or authorization pertaining to the retention period for the same type of re-cord, the retention period specified in the regu1ations in this subchapter for such records shall apply unless the Department, pursuant to 30104, has granted a specific exemption from the record retention requirements specified in the regulations in this subchapter.

(e) Prior to license termination, each licensee authorized to possess ra-dioactive material with a half-life greater than 120 days, in an unsealed form, shall, if requested by the Department, forward the following re-cords to the Department:

(1) Records of disposal of licensed material made under Title l 0, Code of Federal Regulations, sections 20.2002, 20.2003. 20.2004, 20.2005. in-corporated by reference in section 30253; and (2) Records required by Title 10, Code of Federal Regulations section 20.2103(b)(4), incorporated by reference in section 30253.

(f) If licensed activities are transferred or assigned in accordance with section 30l 94(c), each licensee authodzed to possess radioactive materi-al, with a half-life greater than 120 days, in an unsealed fonn, shall trans-fer the following records to the new licensee and the new licensee will be responsible for maintaining these records until the license is termi-nated:

(1) Records of disposal of licensed material made under Title 1.0, *code of Federal Regulations, sections 20.2002. 20.2003, 20.2004, 20.2005, in-corporated by reference in section 30253; and (2) Records required by Title 10, Code of Federal Regulations, section 20.2103(b)(4). incorporated by reference in section 30243.

(g) Prior to license termination, each licensee shall, if requested by the Depm*tment, forward the records required by section 30256(a) to the De-partmenl.

NOTE: Authority cited: Sections 100275 and 115000. Heahh,mrl S,1fety Code.

Reference:

Sections 114965, 114970, 115105, 115110, and 115235, Health and Safety Code.

HISTORY

l. New article 3.1 (sections 30293 ;md 30295) and seclion filed 9-9-97; operative l0-9-97 (Regisler 97, No. 37). For prior history, sec Register 94, No. 28.

§ 30294.

Reports of Theft or Loss of Sources of Radiation.

[Repealed]

NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code. Refer-ence: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.

HISTORY

1. Amendment of subsections (a) and (c) filed 6-19-73; effective thiitieth day thereafter (Register 73, No. 25}.

2. Amendment filed 1-22-76; effective thirtieth day thereafter (Register 76, No.

4).

3. Amendment filed 6-18-87; operative 7-18-87 (Register 87, No. 28).

4. Repealer filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9).

A Ccrlificatc of Compliance must be transmitted to OAL by 7-1-94 or emer-gency language wUI be repealed by operation of law on the following day.

5. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

§ 30295.

Notification of Incidents.

(a) Each user shall notify the Department as soon as possible but not later than four hours after the discovery of an event lhat prevents immedi-ate protective actions necessary to avoid exposures to radiation or radio-active materials that could exceed regulatory limits.

(b) Each user shall notify the Depa1tment within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the dis-covery of any of the following events involving radiation or radioactive materials:

(l) An unplanned contamination event involving licensed radioactive material that:

(A) Requires access to the contaminated area by workers or the public, to be restricted for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> by imposing additional radiolog-ical controls or by prohibiting entry into Lhe area; (B) Involves a quantity of material greater than five times the lowest annual limit on intake specified in Appendix B of Tille lO, Code of Feder-Page 202.2(k)

Rcgi~tcr 2018, No. 29; 7-20-2018

§ 30297 BARCLAYS CALIFORNIA CODE OF REGULATIONS Tille 17 al Regulations, part 20, incorporated by reference in section 30253 for the material; and (C) Has access to the area restlicted for a reason other than to allow isotopes with a half-life of less than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to decay prior to decontami-nation.

(2) An event in which equipment is disabled or fails to function as de-signed when:

(A) The equipment is required by regulation or license condition to prevent releases exceeding regulatory limits, to prevent exposures to ra-diation and radioactive materials exceeding regulatory limits, or to miti-gate the consequences of an accident; (B) The equipment is required to be available and operable when it is disabled or fails to function; and (C) No redundant equipment is available and operable to perform the required safety function.

(3) An event that requires unplanned medical treatment at a medical facility of an individual with spreadable radioactive contamination on the individual's clothing or body.

(4) An unplanned fire or explosion damaging any licensed material or any device, container, or equipment containing licensed material when:

(A) The quantity of material involved is greater than five times the lowest annual limit on intake specified in Appendix B of Title 10, Code of Federal Regulations, part 20, incorporated by reference in section 30253 for the material; and (B) The damage affects the integrity of the licensed material or its con-tainer.

(c) Reports made by users in response to the requirements of this sec-tion shall be made as follows:

Each user shall make reports required by subsections (a) and (b) by telephone to the Department. To the extent thal the information is avail-able at the time of notification, the information provided in these reports shall include:

(1) The caller's name and call back telephone number; (2) A description of the event, including date and time; (3) The exact location of the event; (4) The isotopes, quantities, and chemical and physical form of the li-censed material involved; and (5) Any personnel radiation exposure data available.

(d) Each user who makes a report required by this section shall submit a written follow-up report within 30 days of the initial report. These Writ-ten reports shall be sent to the Department and include:

(1) A description of the event, including the probable cause and the manufacturer and model number (if applicable) of any equipment that failed or malfunctioned; (2) The exact location of the event; (3) The isotopes, quantities, and chemical and physical form of the li-censed material involved; (4) Date and time of the event; (5) Corrective actions taken or planned and the results of any evalua-tion or assessment; and (6) The extent of exposure of indivictllals to radiation or to radioactive materials without identification of individuals by name.

NOTE: Authorily cited: Sections 114975, 115000, 131050, 131051 and 131200, Health and Safely Code.

Reference:

Sections 114965, 114970, 115105, 115110, and 115235, Health and Safely Code.

HISTORY

1. New section filed 9-9-97; operative 10-9-97 (Register 97, No. 37). For prior history, see Register 94, No. 28.

2. Amendment of section and NOTE filed 4-11-2008; operative 5-11-2008 (Reg-ister 2008, No. 15).

§ 30297.

Reports of Overexposures and Excessive Levels and Concentrations. [Repealed]

NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code. Refer-ence: Sections 2580 l, 25802, 25815, 25875 and 25876, Health and Safely Code.

HISTORY

1. New subsections (c) and (d) filed 5-13-69; effective thirtieth day thereafter (Register 69, No. 20).

2. Amendment of subsections (a) and (b) filed 10-12-72; effective thirtieth day thereafter (Register 72, No. 42),

. 3. Amendment of subsection (a) filed 1-22-76; effective Lbirtieth day thereafter (Register 76, No. 4).

4. Amendment of subsection (a) filed 6-18-87; operative 7-18-87 (Register 87, No. 28).

5. Repealer filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9).

A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emer-gency language will be repealed by operation of law on the following day.

6. Ce11ificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No, 28),

§ 30298. Vacating Installations. [Renumbered]

NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code. Refer-ence: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.

HISTORY

1. Change without regulatory effect adding NOTE (Register 87, No. 11).

2. Renumbe1ing of former section 30298 to new section 30256 filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emergency language will be repealed by operation oflaw on the following day.

3. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).

§ 30299.

Bankruptcy Notification. [Renumbered]

NOTE: Authority cited: Sections 208 and 25811, Health and Safety Code. Refer-ence: Sections 28501, 28502, 25815, 25860, 25863, 25875 and 25876, Health and Safety Code.

HISTORY

1. New section filed 4-19-91; operative 5-19-91 (Register 9 l, No. 20).

2. Renumbering of former section 30299 to new section 30257 filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6-7~94 and filed 7-14-94 (Register 94. No. 28).

Article 4.

Special Requirements for the Use of X-Ray in the Healing Arts

§ 30305.

General Provisions.

(a)(l) This article pertains to use of X-rays in medicine, dentistry, os-teopathy, chiropractic, podiatry, and veterinary medicine. The provi-sions of this article are in addition to, and not in substitution for, other applicable provisions of this regulation and of Group 1 of this subchapter.

(2) Any existing machine or installation need not be replaced or sub-stantially modified to conform lo the requirements of this regulation pro-vided that the user demonstrates to the Department's satisfaction achievement of equivalent protection through other means.

(3) No person shall make, sell, lease, transfer, lend, or install X-ray or fluoroscopic equipment or the supplies used in connection with such equipment unless such supplies and equipment, when properly placed in operation or properly used, will meet the requiremenls of this regulation.

This includes responsibility for the delivery of cones or collimators, fil-ters, adequate timers and fluoroscopic shutters (where applicable).

(4) For X-ray equipment manufactured after July 31, 1974, the user shall provide sufficient maintenance to keep the equipment in com-pliance with all applicable radiation protection sections of the Code of F~deral Regulations, Title 21, Chapter I, Subchapter J, Part 1020, Sec-tions 1020.30. 1020.31, and 1020.32.

(5) Each installation shall be provided with such primary baffiers,md/

o:- secondary barriers as are necessary to ensure compliance with title 10, Code of Federal Regulations, part 20, (10 CFR 20) subparts C and Din-corporated by reference in sectioi1 30253. Special requirements are con-tained in title 24, California Code of Regulations, Part 2, Chapter 31 C, sections 3101C through 3104C.

(b) Use.

Page 202.2(1)

Register 2018, No. 29; 7-20-2018