10 CFR 35.13, License Amendments

License amendments A licensee shall apply for and must receive a license amendment-

a

(a) Before it receives, prepares, or uses byproduct material for a type of use that is permitted under this part, but is not authorized on the licensee's current license issued under this part; except that-

(1) A Government agency or a Federally recognized Indian Tribe licensee who possesses and uses accelerator-produced radioactive material or discrete sources of radium-226 may continue to use such material for medical uses permitted under this part until the date of the NRC's final licensing determination, provided that the licensee submits an amendment application on or before June 2, 2008.

(2) Except as provided in paragraph (a)(1) of this section, all other licensees who possess and use accelerator-produced radioactive material or discrete sources of radium-226 may continue to use those materials for medical uses permitted under this part until the date of the NRC's final licensing determination, provided that the person submits a medical use license amendment request within 6 months from the waiver expiration date of August 7, 2009 or within 6 months from the date of an earlier termination of the waiver as noticed by the NRC, whichever date is earlier.

b

(b) Before it permits anyone to work as an authorized user, authorized nuclear pharmacist, or authorized medical physicist under the license, except-

(1) For an authorized user, an individual who meets the requirements in §§ 35.59 and 35.190(a), 35.290(a), 35.390(a), 35.392(a), 35.394(a), 35.490(a), 35.590(a), and 35.690(a);

(2) For an authorized nuclear pharmacist, an individual who meets the requirements in §§ 35.55(a) and 35.59;

(3) For an authorized medical physicist, an individual who meets the requirements in §§ 35.51(a) and (c) and 35.59;

(4) An individual who is identified as an authorized user, an authorized nuclear pharmacist, or authorized medical physicist-

(i) On a Commission or Agreement State license or other equivalent permit or license recognized by NRC that authorizes the use of byproduct material in medical use or in the practice of nuclear pharmacy;

(ii) On a permit issued by a Commission or Agreement State specific license of broad scope that is authorized to permit the use of byproduct material in medical use or in the practice of nuclear pharmacy;

(iii) On a permit issued by a Commission master material licensee that is authorized to permit the use of byproduct material in medical use or in the practice of nuclear pharmacy; or

(iv) By a commercial nuclear pharmacy that has been authorized to identify authorized nuclear pharmacists.

(5) A physician, podiatrist, or dentist who used only accelerator-produced radioactive materials, discrete sources of radium-226, or both, for medical uses or a nuclear pharmacist who used only accelerator-produced radioactive materials in the practice of nuclear pharmacy at a Government agency or Federally recognized Indian Tribe before November 30, 2007 or at all other locations of use before August 8, 2009, or an earlier date as noticed by the NRC, and for only those materials and uses performed before these dates.

c

(c) Before it changes Radiation Safety Officers, except as provided in § 35.24(c);

d

(d) Before it receives byproduct material in excess of the amount or in a different form, or receives a different radionuclide than is authorized on the license;

e

(e) Before it adds to or changes the areas of use identified in the application or on the license, including areas used in accordance with either § 35.100 or § 35.200 if the change includes addition or relocation of either an area where PET radionuclides are produced or a PET radioactive drug delivery line from the PET radionuclide/PET radioactive drug production area. Other areas of use where byproduct material is used only in accordance with either § 35.100 or § 35.200 are exempt;

f

(f) Before it changes the address(es) of use identified in the application or on the license; and

g

(g) Before it revises procedures required by §§ 35.610, 35.642, 35.643, and 35.645, as applicable, where such revision reduces radiation safety.

Federal Register

71 FR 15008, Mar. 27, 2006; 72 FR 55930 Oct. 1, 2007]

External Links

NRC website 10 CFR 35.13

v t e Code of Federal Regulations
Title 10 Part 35 - MEDICAL USE OF BYPRODUCT MATERIAL
10 CFR: 1 2 4 5 7 9 10 11 12 13 14 15 16 19 20 21 25 26 30 31 32 33 34 35 36 37 39 40 50 51 52 54 55 60 61 62 63 70 71 72 73 74 75 76 81 95 100 140 150 160 170 171
1, General Information, Purpose and scope 2, Definitions 5, Maintenance of records 6, Provisions for the protection of human research subjects 7, FDA, other Federal, and State requirements 8, Information collection requirements: OMB approval 10, Implementation 11, License required 12, Application for license, amendment, or renewal 13, License amendments 14, Notifications 15, Exemptions regarding Type A specific licenses of broad scope 18, License issuance 19, Specific exemptions 24, General Administrative Requirements, Authority and responsibilities for the radiation protection program 26, Radiation protection program changes 27, Supervision 40, Written directives 41, Procedures for administrations requiring a written directive 49, Suppliers for sealed sources or devices for medical use 50, Training for Radiation Safety Officer 51, Training for an authorized medical physicist 55, Training for an authorized nuclear pharmacist 57, Training for experienced Radiation Safety Officer, teletherapy or medical physicist, authorized medical physicist, authorized user, nuclear pharmacist, and authorized nuclear pharmacist 59, Recentness of training 60, General Technical Requirements, Possession, use, and calibration of instruments used to measure the activity of unsealed byproduct material 61, Calibration of survey instruments 63, Determination of dosages of unsealed byproduct material for medical use 65, Authorization for calibration, transmission, and reference sources 67, Requirements for possession of sealed sources and brachytherapy sources 69, Labeling of vials and syringes 70, Surveys of ambient radiation exposure rate 75, Release of individuals containing unsealed byproduct material or implants containing byproduct material 80, Provision of mobile medical service 92, Decay-in-storage 100, Unsealed Byproduct Material-Written Directive Not Required, Use of unsealed byproduct material for uptake, dilution, and excretion studies for which a written directive is not required 190, Training for uptake, dilution, and excretion studies 200, Use of unsealed byproduct material for imaging and localization studies for which a written directive is not required 204, Permissible molybdenum-99, strontium-82, and strontium-85 concentrations 290, Training for imaging and localization studies 300, Unsealed Byproduct Material-Written Directive Required, Use of unsealed byproduct material for which a written directive is required 310, Safety instruction 315, Safety precautions 390, Training for use of unsealed byproduct material for which a written directive is required 392, Training for the oral administration of sodium iodide I-131 requiring a written directive in quantities less than or equal to 1.22 gigabecquerels (33 millicuries) 394, Training for the oral administration of sodium iodide I-131 requiring a written directive in quantities greater than 1.22 gigabecquerels (33 millicuries) 400, Manual Brachytherapy, Use of sources for manual brachytherapy 404, Surveys after source implant and removal 406, Brachytherapy sources accountability 410, Safety instruction 415, Safety precautions 432, Calibration measurements of brachytherapy sources 433, Decay of strontium-90 sources for ophthalmic treatments 457, Therapy-related computer systems 490, Training for use of manual brachytherapy sources 491, Training for ophthalmic use of strontium-90 500, Sealed Sources for Diagnosis, Use of sealed sources for diagnosis 590, Training for use of sealed sources for diagnosis 600, Photon Emitting Remote Afterloader Units, Teletherapy Units, and Gamma Stereotactic Radiosurgery Units, Use of a sealed source in a remote afterloader unit, teletherapy unit, or gamma stereotactic radiosurgery unit 604, Surveys of patients and human research subjects treated with a remote afterloader unit 605, Installation, maintenance, adjustment, and repair 610, Safety procedures and instructions for remote afterloader units, teletherapy units, and gamma stereotactic radiosurgery units 615, Safety precautions for remote afterloader units, teletherapy units, and gamma stereotactic radiosurgery units 630, Dosimetry equipment 632, Full calibration measurements on teletherapy units 633, Full calibration measurements on remote afterloader units 635, Full calibration measurements on gamma stereotactic radiosurgery units 642, Periodic spot-checks for teletherapy units 643, Periodic spot-checks for remote afterloader units 645, Periodic spot-checks for gamma stereotactic radiosurgery units 647, Additional technical requirements for mobile remote afterloader units 652, Radiation surveys 655, Five-year inspection for teletherapy and gamma stereotactic radiosurgery units 657, Therapy-related computer systems 690, Training for use of remote afterloader units, teletherapy units, and gamma stereotactic radiosurgery units 1,000, Other Medical Uses of Byproduct Material or Radiation From Byproduct Material, Other medical uses of byproduct material or radiation from byproduct material 2,024, Records, Records of authority and responsibilities for radiation protection programs 2,026, Records of radiation protection program changes 2,040, Records of written directives 2,041, Records for procedures for administrations requiring a written directive 2,060, Records of calibrations of instruments used to measure the activity of unsealed byproduct material 2,061, Records of radiation survey instrument calibrations 2,063, Records of dosages of unsealed byproduct material for medical use 2,067, Records of leaks tests and inventory of sealed sources and brachytherapy sources 2,070, Records of surveys for ambient radiation exposure rate 2,075, Records of the release of individuals containing unsealed byproduct material or implants containing byproduct material 2,080, Records of mobile medical services 2,092, Records of decay-in-storage 2,204, Records of molybdenum-99, strontium-82, and strontium-85 concentrations 2,310, Records of safety instruction 2,404, Records of surveys after source implant and removal 2,406, Records of brachytherapy source accountability 2,432, Records of calibration measurements of brachytherapy sources 2,433, Records of decay of strontium-90 sources for ophthalmic treatments 2,605, Records of installation, maintenance, adjustment, and repair of remote afterloader units, teletherapy units, and gamma stereotactic radiosurgery units 2,610, Records of safety procedures 2,630, Records of dosimetry equipment used with remote afterloader units, teletherapy units, and gamma stereotactic radiosurgery units 2,632, Records of teletherapy, remote afterloader, and gamma stereotactic radiosurgery full calibrations 2,642, Records of periodic spot-checks for teletherapy units 2,643, Records of periodic spot-checks for remote afterloader units further results Appendices:

10 CFR 35.13, License Amendments

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10 CFR 35.13, License Amendments

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g

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