# 25 Tex. Admin. Code § 289.256: 25 TAC § 289.256. Medical and Veterinary Use of Radioactive Material

> Texas · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C289_S289_256

## Section

- **Citation:** 25 Tex. Admin. Code § 289.256
- **Heading:** 25 TAC § 289.256. Medical and Veterinary Use of Radioactive Material
- **Jurisdiction:** Texas
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Texas Administrative Code / Title 25 HEALTH SERVICES / Part 1 DEPARTMENT OF STATE HEALTH SERVICES / Chapter 289 RADIATION CONTROL / 25 TAC § 289.256

## Text

(a) Purpose.
(1) This section establishes requirements for medical and veterinary use of radioactive material and the issuance of specific licenses authorizing medical and veterinary use of radioactive material. Unless otherwise exempted, persons must not manufacture, produce, receive, possess, use, transfer, own, or acquire radioactive material for medical or veterinary use except as authorized in a license issued as specified in this section.
(2) A person who manufactures, produces, receives, possesses, uses, transfers, owns, or acquires radioactive material before receiving a license is subject to the requirements of this chapter.
(3) A specific license is not needed for a person who:
(A) receives, possesses, uses, or transfers radioactive material as specified in this chapter under the supervision of an authorized user as provided in subsection (s) of this section, unless prohibited by license condition; or
(B) prepares unsealed radioactive material for medical or veterinary use as specified in this chapter under the supervision of an authorized nuclear pharmacist or authorized user as provided in subsection (s) of this section, unless prohibited by license condition.
(b) Scope.
(1) In addition to the requirements of this section, all licensees, unless otherwise specified, are subject to the requirements of:
(A) §289.201 of this chapter (relating to General Provisions for Radioactive Material);
(B) §289.202 of this chapter (relating to Standards for Protection Against Radiation from Radioactive Materials);
(C) §289.203 of this chapter (relating to Notices, Instructions, and Reports to Workers; Inspections);
(D) §289.204 of this chapter (relating to Fees for Certificates of Registration, Radioactive Material Licenses, Emergency Planning and Implementation, and Other Regulatory Services);
(E) §289.205 of this chapter (relating to Hearing and Enforcement Procedures);
(F) §289.252 of this subchapter (relating to Licensing of Radioactive Material); and
(G) §289.257 of this subchapter (relating to Packaging and Transportation of Radioactive Material).
(2) Veterinarians who receive, possess, use, transfer, own, or acquire radioactive material in the practice of veterinary medicine must comply with the requirements of this section except for subsections (d), (dd), and (uuu) of this section.
(3) An entity that is a "covered entity" as that term is defined in HIPAA (the Health Insurance Portability and Accountability Act of 1996, 45 Code of Federal Regulations (CFR) Parts 160 and 164) may be subject to privacy standards governing how information identifying a patient can be used and disclosed. Failure to follow HIPAA requirements may result in the department making a referral of a potential violation to the United States Department of Health and Human Services.
(4) In accordance with the requirements of the Texas Medical Board, 22 Texas Administrative Code (TAC) Chapter 160, medical licensees must use the services of a licensed medical physicist for activities falling within the medical physicist scope of practice as identified in 22 TAC §160.17 unless exempted under 22 TAC §160.5.
(c) Definitions. The following words and terms when used in this section have the following meaning unless the context clearly indicates otherwise.
(1) Address of use--The building or buildings identified on the license where radioactive material may be prepared, received, used, or stored.
(2) Area of use--A portion of an address of use set aside for the purpose of preparing, receiving, using, or storing radioactive material.
(3) Associate radiation safety officer (ARSO)--An individual who:
(A) meets the requirements in subsections (h) and (m) of this section; and
(B) is currently identified as an ARSO for the types of use of radioactive material for which the individual has been assigned duties and tasks by the radiation safety officer (RSO) on:
(i) a specific medical or veterinary use license issued by the department, the United States Nuclear Regulatory Commission (NRC), or an agreement state; or
(ii) a medical use permit issued by an NRC master material licensee.
(4) Authorized medical physicist--An individual who:
(A) meets the requirements in subsections (j) and (m) of this section; or
(B) is identified as an authorized medical physicist or teletherapy physicist on:
(i) a specific medical or veterinary use license issued by the department, the NRC, or an agreement state;
(ii) a medical use permit issued by an NRC master material licensee;
(iii) a permit issued by an NRC or agreement state broad scope medical use licensee; or
(iv) a permit issued by an NRC master material license broad scope medical use permittee; and
(C) holds a current Texas license under the Medical Physics Practice Act, Texas Occupations Code Chapter 602, in therapeutic radiological physics for uses in subsections (rr) and (ddd) of this section.
(5) Authorized nuclear pharmacist--A pharmacist who:
(A) meets the requirements in subsections (k) and (m) of this section; or
(B) is identified as an authorized nuclear pharmacist on:
(i) a specific license issued by the department, the NRC, or an agreement state authorizing medical use or the practice of nuclear pharmacy;
(ii) a permit issued by an NRC master material licensee authorizing medical use or the practice of nuclear pharmacy;
(iii) a permit issued by the department, the NRC, or an agreement state licensee of broad scope authorizing medical use or the practice of nuclear pharmacy; or
(iv) a permit issued by an NRC master material license broad scope medical use permittee authorizing medical use or the practice of nuclear pharmacy; or
(C) is identified as an authorized nuclear pharmacist by a commercial nuclear pharmacy authorized to identify authorized nuclear pharmacists; or
(D) is designated as an authorized nuclear pharmacist as specified in §289.252(r) of this subchapter; and
(E) holds a current Texas license under the Texas Pharmacy Act, Texas Occupations Code Chapters 551 - 566, 568, and 569, as amended, and who is certified as an authorized nuclear pharmacist by the Texas State Board of Pharmacy.
(6) Authorized user--An authorized user is defined as follows:
(A) for human use, a physician licensed by the Texas Medical Board; or a dentist licensed by the Texas State Board of Dental Examiners; or a podiatrist licensed by the Texas State Board of Podiatric Medicine who:
(i) meets the requirements in subsection (m) and subsections (gg), (jj), (nn) - (qq), (zz), (aaa), (ccc), or (ttt) of this section; or
(ii) is identified as an authorized user on:
(I) a department, NRC, or agreement state license authorizing the medical use of radioactive material;
(II) a permit issued by an NRC master material licensee authorizing the medical use of radioactive material;
(III) a permit issued by a specific licensee of broad scope issued by the department, the NRC, or an agreement state authorizing the medical use of radioactive material; or
(IV) a permit issued by an NRC master material licensee of broad scope authorizing the medical use of radioactive material.
(B) for veterinary use, an individual who is a veterinarian licensed by the Texas State Board of Veterinary Medical Examiners; and
(i) is certified by the American College of Veterinary Radiology for the use of radioactive materials in veterinary medicine; or
(ii) has received training as specified in subsections (gg), (jj), (nn) - (qq), (zz), (aaa), (ccc), and (ttt) of this section as applicable; or
(iii) is identified as an authorized user on:
(I) a department, NRC, or agreement state license authorizing the veterinary use of radioactive material;
(II) a permit issued by an NRC master material licensee authorizing the medical use of radioactive material;
(III) a permit issued by a specific licensee of broad scope issued by the department, the NRC, or an agreement state authorizing the medical or veterinary use of radioactive material; or
(IV) a permit issued by an NRC master material licensee of broad scope authorizing the medical use of radioactive material.
(7) Brachytherapy--A method of radiation therapy in which plated, embedded, activated, or sealed sources are utilized to deliver a radiation dose at a distance of up to a few centimeters, by surface, intracavitary, intraluminal, or interstitial application.
(8) Brachytherapy sealed source--A sealed source or a manufacturer-assembled source train or a combination of these sources designed to deliver a therapeutic dose within a distance of a few centimeters.
(9) High dose-rate remote afterloader--A device remotely delivering a dose rate more than 1200 rads (12 gray (Gy)) per hour at the point or surface where the dose is prescribed.
(10) Institutional Review Board (IRB)--Any board, committee, or other group formally designated by an institution and approved by the United States Food and Drug Administration (FDA) to review, approve the initiation of, and conduct periodic review of biomedical research involving human subjects.
(11) Low dose-rate remote afterloader--A device remotely delivering a dose rate of less than or equal to 200 rads (2 Gy) per hour at the point or surface where the dose is prescribed.
(12) Management--The chief executive officer or other individual delegated the authority to manage, direct, or administer the licensee's activities.
(13) Manual brachytherapy--A type of brachytherapy in which the sealed sources, for example, seeds and ribbons, are manually inserted either into the body cavities in close proximity to a treatment site or directly in the tissue volume.
(14) Medical event--An event meeting the criteria in subsection (uuu)(1) of this section.
(15) Medical institution--An organization in which several medical disciplines are practiced.
(16) Medical use--The intentional internal or external administration of radioactive material, or the radiation from radioactive material, to patients or human research subjects under the supervision of an authorized user.
(17) Medium dose-rate afterloader--A device remotely delivering a dose rate greater than 200 rads (2 Gy) and less than or equal to 1200 rads (12 Gy) per hour at the point or surface where the dose is prescribed.
(18) Mobile nuclear medicine service--A licensed service authorized to transport radioactive material to, and medical or veterinary use of the material at, the client's address. Services transporting calibration sources only are not considered mobile nuclear medicine licensees.
(19) Ophthalmic physicist--An individual who:
(A) meets the requirements in subsections (m) and (xx)(1)(B) of this section; and
(B) is identified as an ophthalmic physicist on:
(i) a specific medical use license issued by the department, the NRC, or an agreement state;
(ii) a permit issued by a department, NRC, or agreement state broad scope medical use licensee;
(iii) a medical use permit issued by an NRC master material licensee; or
(iv) a permit issued by an NRC master material licensee broad scope medical use permittee.
(20) Output--The exposure rate, dose rate, or a quantity related in a known manner to these rates from a teletherapy unit, a brachytherapy source, a remote afterloader unit, or a gamma stereotactic radiosurgery unit, for a specified set of exposure conditions.
(21) Patient--A human or animal under medical care and treatment.
(22) Patient intervention--Actions by the patient or human research subject, whether intentional or unintentional, such as dislodging or removing treatment devices or prematurely terminating the administration.
(23) Permanent facility--A building or buildings identified on the license within the State of Texas and where radioactive material may be prepared, received, used, or stored. This may also include an area or areas where administrative activities related to the license are performed.
(24) Preceptor--An individual who provides, directs, or verifies the training and experience required for an individual to become an authorized user, an authorized medical physicist, an authorized nuclear pharmacist, an RSO, or an ARSO.
(25) Prescribed dosage--The specified activity or range of activity of unsealed radioactive material as documented in a written directive or specified in the directions of the authorized user for procedures in subsections (ff) and (hh) of this section.
(26) Prescribed dose--Prescribed dose means:
(A) for gamma stereotactic radiosurgery, the total dose as documented in the written directive;
(B) for teletherapy, the total dose and dose per fraction as documented in the written directive;
(C) for brachytherapy, either the total sealed source strength and exposure time, or the total dose, as documented in the written directive; or
(D) for remote afterloaders, the total dose and dose per fraction as documented in the written directive.
(27) Pulsed dose-rate remote afterloader--A special type of remote afterloading device using a single sealed source capable of delivering dose rates greater than 1200 rads (12 Gy) per hour, but is approximately one-tenth of the activity of typical high dose-rate remote afterloader sealed sources and is used to simulate the radiobiology of a low dose-rate remote afterloader treatment by inserting the sealed source for a given fraction of each hour.
(28) Radiation safety officer (RSO)--For purposes of this section, an individual who:
(A) meets the requirements in subsections (h) and (m) of this section; or
(B) is identified as an RSO on:
(i) a specific license issued by the department, the NRC, or an agreement state authorizing the medical or veterinary use of radioactive material; or
(ii) a permit issued by an NRC master material licensee authorizing the medical or veterinary use of radioactive material.
(29) Sealed source and device registry--The national registry containing all registration certificates, generated by both the NRC and agreement states, summarizing the radiation safety information for sealed sources and devices and describing the licensing and use conditions approved for the product.
(30) Stereotactic radiosurgery--The use of external radiation in conjunction with a guidance device to very precisely deliver a dose to a tissue volume using three-dimensional coordinates.
(31) Technologist--A person (nuclear medicine technologist) skilled in the performance of nuclear medicine procedures under the supervision of a physician.
(32) Teletherapy--Therapeutic irradiation in which the sealed source is at a distance from the patient or human or animal research subject.
(33) Therapeutic dosage--The specified activity or range of activity of radioactive material intended to deliver a radiation dose to a patient or human or animal research subject for palliative or curative treatment.
(34) Therapeutic dose--A radiation dose delivered from a sealed source containing radioactive material to a patient or human or animal research subject for palliative or curative treatment.
(35) Treatment site--The anatomical description of tissue intended to receive a radiation dose, as described in a written directive.
(36) Type of use--Use of radioactive material as specified under:
(A) uptake, dilution, and excretion studies in subsection (ff) of this section;
(B) imaging and localization studies in subsection (hh) of this section;
(C) therapy with unsealed radioactive material in subsection (kk) of this section;
(D) manual brachytherapy with sealed sources in subsection (rr) of this section;
(E) sealed sources for diagnosis in subsection (bbb) of this section;
(F) sealed source in a remote afterloader unit, teletherapy unit, or gamma stereotactic radiosurgery unit in subsection (ddd) of this section; or
(G) other medical or veterinary uses of radioactive material or a radiation source approved for medical or veterinary use in subsection (q) of this section.
(37) Unit dosage--A dosage prepared for medical or veterinary use for administration as a single dosage to a patient or human or animal research subject without any further modification of the dosage after it is initially prepared.
(38) Veterinary use--The intentional internal or external administration of radioactive material, or the radiation from radioactive material, to animal patients under the supervision of an authorized user.
(39) Written directive--An authorized user's written order for the administration of radioactive material or radiation from radioactive material to a specific patient or human research subject, as specified in subsection (t) of this section.
(d) Provisions for research involving human subjects.
(1) A licensee may conduct research involving human subjects only if it uses the radioactive materials specified on its license for the uses authorized on the license.
(2) The licensee may conduct research specified in paragraph (1) of this subsection provided:
(A) the research is conducted, funded, supported, or regulated by a federal agency implementing the Federal Policy for the Protection of Human Subjects as required by
10 CFR §35.6
(Federal Policy); or
(B) the licensee has applied for and received approval of a specific amendment to its license before conducting the research.
(3) Before conducting research as specified in paragraph (1) of this subsection, the licensee must obtain:
(A) "informed consent," as defined and described in the Federal Policy, from the human research subjects; and
(B) review and approval of the research from an Institutional Review Board (IRB) as required by
45 CFR Part 46
, and
21 CFR Part 56
, and in accordance with the Federal Policy.
(4) Nothing in this subsection relieves licensees from complying with the other requirements of this chapter.
(e) Implementation.
(1) If a license condition exempted a licensee from a provision of this section or §289.252 of this subchapter on the effective date of this rule, then the license condition continues to exempt the licensee from the requirements in the corresponding provision until there is a license amendment or license renewal modifying or removing the license condition.
(2) When a requirement in this section differs from the requirement in an existing license condition, the requirement in this section governs.
(3) Licensees must continue to comply with any license condition requiring implementation of procedures required by subsections (ggg) and (mmm) - (ooo) of this section until there is a license amendment or renewal modifying the license condition.
(f) Specific requirements for the issuance of licenses. In addition to the requirements in §289.252(e) of this subchapter and subsections (n) - (q) of this section, as applicable, a license is issued if the department determines:
(1) the applicant satisfies any applicable special requirement in this section;
(2) qualifications of the designated RSO as specified in subsection (h) of this section are adequate for the purpose requested in the application; and
(3) the information submitted by the applicant is approved, including:
(A) an operating, safety, and emergency procedures manual to include specific information on:
(i) radiation safety precautions and instructions;
(ii) methodology for measurement of dosages or doses to be administered to patients or human or animal research subjects;
(iii) calibration, maintenance, and repair of instruments and equipment necessary for radiation safety; and
(iv) waste disposal procedures; and
(B) any additional information required by this chapter requested by the department to assist in its review of the application; and
(C) qualifications of the:
(i) RSO as specified in subsection (c)(28) of this section;
(ii) authorized users as specified in subsection (c)(6) of this section as applicable to the uses being requested;
(iii) authorized medical physicist as specified in subsection (c)(4) of this section, if applicable;
(iv) authorized nuclear pharmacist as specified in subsection (c)(5) of this section, if applicable;
(v) ophthalmic physicist as specified in subsection (c)(19) of this section, if applicable;
(vi) Radiation Safety Committee (RSC), as specified in subsection (i) of this section, if applicable; and
(vii) ARSO as specified in subsection (c)(3) of this section, if applicable; and
(4) the applicant's permanent facility is located in Texas.
(g) Authority and responsibilities for the radiation protection program.
(1) In addition to the radiation protection program requirements of §289.202(e) of this chapter, a licensee's management must approve in writing:
(A) requests for a license application, renewal, or amendment before submittal to the department; and
(B) any individual before being allowed to work as an authorized user, authorized nuclear pharmacist, or authorized medical physicist.
(2) A licensee's management must appoint an RSO who agrees, in writing, to be responsible for implementing the radiation protection program. The licensee, through the RSO, must ensure radiation safety activities are being performed according to licensee-approved procedures and regulatory requirements. A licensee's management may appoint, in writing, one or more ARSO to support the RSO. The RSO, with written agreement of the licensee's management, must assign the specific duties and tasks to each ARSO. These duties and tasks are restricted to the types of use for which the ARSO is listed on a license. The RSO may delegate duties and tasks to the ARSO but must not delegate the authority or responsibilities for implementing the radiation protection program.
(3) Every licensee must establish in writing the authority, duties, and responsibilities of the RSO and ensure the RSO is provided sufficient authority, organizational freedom, time, resources, and management prerogative to perform the following duties:
(A) establish and oversee operating, safety, emergency, and as low as reasonably achievable (ALARA) procedures, and to review them at least annually to ensure procedures are current and conform with this chapter;
(B) ensure required radiation surveys and leak tests are performed and documented as specified in this chapter, including any corrective measures when levels of radiation exceed established limits;
(C) ensure individual monitoring devices are used properly by occupationally exposed personnel, records are kept of the monitoring results, and timely notifications are made as specified in §289.203 of this chapter;
(D) investigate and report an individual or radiation level detected over the limits established by this chapter and each theft or loss of sources of radiation, to determine the causes, and take steps to prevent a recurrence;
(E) investigate and report to the department for each known or suspected case of release of radioactive material to the environment over the limits established by this chapter;
(F) have a thorough knowledge of management policies and administrative procedures of the licensee;
(G) identify radiation safety problems;
(H) assume control and initiate, recommend, or provide corrective actions, including shutdown of operations when necessary, in emergency situations or unsafe conditions;
(I) verify implementation of corrective actions;
(J) ensure records are maintained as required by this chapter;
(K) ensure proper storing, labeling, transport, use, and disposal of sources of radiation, storage, and transport containers;
(L) ensure inventories are performed in accordance with the activities for which the license application is submitted;
(M) ensure personnel are complying with this chapter, the conditions of the license, and the operating, safety, and emergency procedures of the licensee; and
(N) serve as the primary contact with the department.
(4) The RSO must ensure duties listed in paragraph (3)(A) - (N) of this subsection are performed.
(5) The RSO must be onsite periodically, commensurate with the scope of licensed activities, to satisfy the requirements of paragraphs (3) and (4) of this subsection.
(6) The RSO, or staff designated by the RSO, must be capable of physically arriving at the licensee's authorized use sites within a reasonable time of being notified of an emergency situation or unsafe condition.
(7) For up to 60 days each calendar year, a licensee may permit an authorized user or an individual qualified to be an RSO, under subsections (h) and (m) of this section, to function as a temporary RSO and to perform the duties of an RSO as specified in paragraph (3) of this subsection, provided the licensee takes the actions required in paragraphs (2), (3), and (9) of this subsection, and notifies the department as specified in subsection (r)(5) of this section. Records of qualifications and dates of service must be maintained as specified in subsection (xxx) of this section for inspection by the department.
(8) A licensee may simultaneously appoint more than one temporary RSO as specified in paragraph (7) of this subsection, if needed to ensure the licensee has a temporary RSO satisfying the requirements to be an RSO for each of the different types of uses of radioactive material permitted by the license.
(9) The licensee must maintain records, as specified in subsection (xxx) of this section, as follows.
(A) A licensee must retain a record of actions taken by the licensee's management as specified in paragraph (1) of this subsection. The record must include a summary of the actions taken and a signature of licensee management.
(B) The authority, duties, and responsibilities of the RSO as required by paragraph (3) of this subsection, and a signed copy of each RSO's agreement to be responsible for implementing the radiation safety program, as required by paragraph (2) of this subsection. The records must include the signature of the RSO and licensee management.
(C) A copy of the written document appointing the ARSO, for each ARSO appointed under paragraph (2) of this subsection. The record must include the signature of licensee management.
(h) Training for an RSO and ARSO. Except as provided in subsection (l) of this section, the licensee must require the individual fulfilling the responsibilities of an RSO or an individual assigned duties and tasks as an ARSO as specified in subsection (g) of this section for licenses for medical or veterinary use of radioactive material, to be an individual who:
(1) is certified by a specialty board whose certification process has been recognized by the department, the NRC, or an agreement state and who meets the requirements in paragraph (4) of this subsection. The names of board certifications recognized by the department, the NRC, or an agreement state are posted on the NRC's Medical Uses Licensee Toolkit web page.
(A) To have its certification process recognized, a specialty board must require all candidates for certification to:
(i) hold a bachelor's or graduate degree from an accredited college or university in physical science or engineering or biological science with a minimum of 20 college credits in physical science;
(ii) have five or more years of professional experience in health physics (graduate training may be substituted for no more than two years of the required experience) including at least three years in applied health physics; and
(iii) pass an examination, administered by diplomates of the specialty board evaluating knowledge and competence in radiation physics and instrumentation, radiation protection, mathematics pertaining to the use and measurement of radioactivity, radiation biology, and radiation dosimetry; or
(B) to have its certification process recognized, a specialty board must require all candidates for certification to:
(i) hold a master's or doctoral degree in physics, medical physics, other physical science, engineering, or applied mathematics from an accredited college or university;
(ii) have two years of full-time practical training or supervised experience in medical physics as follows:
(I) under the supervision of a medical physicist who is certified in medical physics by a specialty board recognized by the department, the NRC, or an agreement state; or
(II) in clinical nuclear medicine facilities providing diagnostic or therapeutic services under the direction of physicians who meet the requirements for authorized users in subsections (l), (jj), or (nn) of this section; and
(iii) pass an examination, administered by diplomates of the specialty board, assessing knowledge and competence in clinical diagnostic radiological or nuclear medicine physics and in radiation safety; or
(2) has:
(A) completed a structured educational program consisting of both:
(i) 200 hours of classroom and laboratory training in:
(I) radiation physics and instrumentation;
(II) radiation protection;
(III) mathematics pertaining to the use and measurement of radioactivity;
(IV) radiation biology; and
(V) radiation dosimetry; and
(ii) one year of full-time radiation safety experience under the supervision of the individual identified as the RSO on a department, NRC, or agreement state license or on a permit issued by an NRC master material licensee authorizing similar types of use of radioactive material. An ARSO may provide supervision for those areas for which the ARSO is authorized on a department, NRC, or an agreement state license or a permit issued by an NRC master material licensee. The full-time radiation safety experience must involve:
(I) shipping, receiving, and performing related radiation surveys;
(II) using and performing checks for proper operation of instruments used to determine the activity of dosages, survey meters, and instruments used to measure radionuclides;
(III) securing and controlling radioactive material;
(IV) using administrative controls to avoid mistakes in the administration of radioactive material;
(V) using procedures to prevent or minimize radioactive contamination and using proper decontamination procedures;
(VI) using emergency procedures to control radioactive material; and
(VII) disposing of radioactive material; and
(B) obtained written attestation, signed by a preceptor RSO or ARSO experienced with the radiation safety aspects of similar types of use of radioactive material for which the individual is seeking approval as an RSO or an ARSO. The written attestation must state the individual has satisfactorily completed the requirements in paragraphs (2)(A) and (4) of this subsection, and is able to independently fulfill the radiation safety-related duties as an RSO or as an ARSO for a medical or veterinary use license; or
(3) meets one of the following:
(A) is a medical physicist certified by a specialty board whose certification process has been recognized by the department, the NRC, or an agreement state as specified in subsection (j)(1) of this section, has experience with the radiation safety aspects of similar types of use of radioactive material for which the licensee is seeking approval of the individual as the RSO or ARSO, and meets the requirements in paragraph (4) of this subsection;
(B) is an authorized user, authorized medical physicist, or authorized nuclear pharmacist identified on a department, NRC, or another agreement state's license; a permit issued by an NRC master material licensee; a permit issued by the department, the NRC, or another agreement state licensee of broad scope; or a permit issued by an NRC master material license broad scope permittee, has experience with the radiation safety aspects of similar types of use of radioactive material for which the licensee is seeking the approval of the individual as the RSO or ARSO, and who meets the requirements in paragraph (4) of this subsection; or
(C) has experience with the radiation safety aspects of the types of use of radioactive material for which the individual is seeking simultaneous approval both as the RSO and the authorized user on the same new medical or veterinary use license or new medical use permit issued by an NRC master material licensee. The individual must also meet the requirements in paragraph (4) of this subsection; and
(4) has training in the radiation safety, regulatory issues, and emergency procedures for the types of use for which a licensee seeks approval, and this training requirement may be satisfied by completing training supervised by an RSO, an ARSO, authorized medical physicist, authorized nuclear pharmacist, or authorized user, as appropriate, who is authorized for the types of use for which the licensee is seeking approval.
(i) Radiation safety committee (RSC). Licensees of broad scope and licensees who are authorized for two or more different types of uses of radioactive material requiring a written directive under subsections (q), (kk), (rr), and (ddd) of this section, or two or more types of therapeutic units under subsections (q) and (ddd) of this section, must establish an RSC to oversee all uses of radioactive material permitted by the license.
(1) The RSC must be composed of the following individuals:
(A) an authorized user of each type of use permitted by the license;
(B) the RSO;
(C) a representative of the nursing service, if applicable;
(D) a representative of management who is neither an authorized user nor the RSO; and
(E) other members as the licensee deems appropriate.
(2) Duties and responsibilities of the RSC.
(A) For licensees without broad scope authorization, the duties and responsibilities of the RSC include:
(i) meeting as often as necessary to conduct business but no less than three times a year;
(ii) reviewing summaries of information presented by the RSO, including:
(I) doses over the occupational or public limits;
(II) significant incidents, including spills, contamination, or medical events; and
(III) items of non-compliance following an inspection;
(iii) reviewing the program for maintaining doses ALARA, and providing any necessary recommendations to ensure doses are ALARA; and
(iv) reviewing the audit of the radiation safety program and acting upon the findings.
(B) For licensees of broad scope, the duties and responsibilities of the RSC include the items in subparagraph (A) of this paragraph and:
(i) reviewing the overall compliance status for authorized users;
(ii) sharing responsibility with the RSO to conduct periodic audits of the radiation safety program;
(iii) developing criteria to evaluate training and experience of new authorized user applicants;
(iv) evaluating and approving authorized user applicants who request authorization to use radioactive material at the facility; and
(v) reviewing and approving permitted program and procedural changes before implementation.
(3) Records documenting the RSC meetings must be made and maintained for inspection by the department as specified in subsection (xxx) of this section. The record must include the date, names of individuals in attendance, minutes of the meeting, and any actions taken.
(j) Training for an authorized medical physicist. Except as provided in subsection (l) of this section, the licensee must require the authorized medical physicist to be:
(1) an individual certified by a specialty board whose certification process has been recognized by the department, the NRC, or an agreement state and who meets the requirements in paragraph (3) of this subsection. The names of board certifications recognized by the department, the NRC, or an agreement state are posted on the NRC's Medical Uses Licensee Toolkit web page. To have its certification process recognized, a specialty board must require all candidates to:
(A) hold a master's or doctoral degree in physics, medical physics, other physical science, engineering, or applied mathematics from an accredited college or university;
(B) complete two years of full-time practical training or supervised experience in medical physics as follows:
(i) under the supervision of a medical physicist who is certified in medical physics by a specialty board whose certification process has been recognized by the department, the NRC, or an agreement state; or
(ii) in clinical radiation facilities providing high-energy, external beam therapy (photons and electrons with energies greater than or equal to 1 million electron volts) and brachytherapy services under the direction of physicians meeting the requirements for authorized users in subsections (l), (zz), or (ttt) of this section; and
(C) pass an examination, administered by diplomates of the specialty board, assessing knowledge and competence in clinical radiation therapy, radiation safety, calibration, quality assurance, and treatment planning for external beam therapy, brachytherapy, and stereotactic radiosurgery; or
(2) an individual who:
(A) holds a post graduate degree and experience, including:
(i) a master's or doctoral degree in physics, medical physics, other physical science, engineering, or applied mathematics from an accredited college or university; and
(ii) completion of one year of full-time training in medical physics and an additional year of full-time work experience under the supervision of an individual meeting the requirements for an authorized medical physicist for the types of use for which the individual is seeking authorization. This training and work experience must be conducted in clinical radiation facilities providing high-energy, external beam therapy (photons and electrons with energies greater than or equal to 1 million electron volts) and brachytherapy services and must include:
(I) performing sealed source leak tests and inventories;
(II) performing decay corrections;
(III) performing full calibration and periodic spot checks of external beam treatment units, stereotactic radiosurgery units, and remote afterloading units as applicable; and
(IV) conducting radiation surveys around external beam treatment units, stereotactic radiosurgery units, and remote afterloading units as applicable; and
(B) has obtained written attestation the individual has satisfactorily completed the requirements in paragraphs (2)(A) and (3) of this subsection and is able to independently fulfill the radiation safety-related duties as an authorized medical physicist for each type of therapeutic medical unit for which the individual is requesting authorized medical physicist status. The written attestation must be signed by a preceptor authorized medical physicist meeting the requirements in subsection (l) of this section, this subsection, or equivalent NRC or agreement state requirements for an authorized medical physicist for each type of therapeutic medical unit for which the individual is requesting authorized medical physicist status; and
(3) an individual trained for the types of use for which authorization is sought, including hands-on device operation, safety procedures, clinical use, and the operation of a treatment planning system. This training requirement may be satisfied by satisfactorily completing either a training program provided by the vendor or by training supervised by an authorized medical physicist authorized for the types of use for which the individual is seeking authorization.
(k) Training for an authorized nuclear pharmacist. Except as provided in subsection (l) of this section, the licensee must require the authorized nuclear pharmacist to be a pharmacist who:
(1) is certified by a specialty board whose certification process has been recognized by the department, the NRC, or an agreement state. The names of board certifications recognized by the department, the NRC, or an agreement state are posted on the NRC's Medical Uses Licensee Toolkit web page. To have its certification process recognized, a specialty board must require all candidates for certification to:
(A) have graduated from a pharmacy program accredited by the Accreditation Council for Pharmacy Education or have passed the Foreign Pharmacy Graduate Examination Committee examination;
(B) hold a current, active license to practice pharmacy in the State of Texas;
(C) provide evidence of having acquired at least 4000 hours of training/experience in nuclear pharmacy practice. Academic training may be substituted for no more than 2000 hours of the required training and experience; and
(D) pass an examination in nuclear pharmacy, administered by diplomates of the specialty board, assessing knowledge and competency in procurement, compounding, quality assurance, dispensing, distribution, health and safety, radiation safety, provision of information and consultation, monitoring patient outcomes, and research and development; or
(2) has:
(A) completed a 700-hour structured educational program, including both:
(i) 200 hours of classroom and laboratory training in:
(I) radiation physics and instrumentation;
(II) radiation protection;
(III) mathematics pertaining to the use and measurement of radioactivity;
(IV) chemistry of radioactive material for medical use; and
(V) radiation biology; and
(ii) supervised practical experience in a nuclear pharmacy involving:
(I) shipping, receiving, and performing related radiation surveys;
(II) using and performing checks for proper operation of instruments used to determine the activity of dosages, survey meters, and, if appropriate, instruments used to measure alpha- or beta-emitting radionuclides;
(III) calculating, assaying, and safely preparing dosages for patients or human research subjects;
(IV) using administrative controls to avoid medical events in the administration of radioactive material; and
(V) using procedures to prevent or minimize radioactive contamination and using proper decontamination procedures; and
(B) obtained written attestation, signed by a preceptor authorized nuclear pharmacist, the individual has satisfactorily completed the requirements in paragraph (2)(A) of this subsection and is able to independently fulfill the radiation safety-related duties as an authorized nuclear pharmacist.
(l) Training for experienced RSO, teletherapy or medical physicist, authorized medical physicist, authorized user, nuclear pharmacist, and authorized nuclear pharmacist.
(1) An individual identified on a department, NRC, or an agreement state license or a permit issued by the department, the NRC, or an agreement state broad scope licensee or master material license permit, or by a master material license permittee of broad scope as an RSO, a teletherapy or medical physicist, an authorized medical physicist, a nuclear pharmacist, or an authorized nuclear pharmacist on or before January 14, 2019, need not comply with the training requirements of subsections (h), (j), and (k) of this section, respectively, except the RSO and authorized medical physicists identified in this paragraph must meet the training requirements in subsections (h)(4) or (j)(3) of this section, as appropriate, for any material or uses for which they were not authorized before this date.
(2) Any individual certified by the American Board of Health Physics in Comprehensive Health Physics; American Board of Radiology; American Board of Nuclear Medicine; American Board of Science in Nuclear Medicine; Board of Pharmaceutical Specialties in Nuclear Pharmacy; American Board of Medical Physics in radiation oncology physics; Royal College of Physicians and Surgeons of Canada in nuclear medicine; American Osteopathic Board of Radiology; or American Osteopathic Board of Nuclear Medicine on or before October 24, 2005, need not comply with the training requirements of subsection (h) of this section to be identified as an RSO or as an ARSO on a department, NRC, or agreement state license or NRC master material license permit for those materials and uses these individuals performed on or before October 24, 2005.
(3) Any individual certified by the American Board of Radiology in therapeutic radiological physics, Roentgen ray and gamma ray physics, x-ray and radium physics, or radiological physics, or certified by the American Board of Medical Physics in radiation oncology physics, on or before October 24, 2005, need not comply with the training requirements for an authorized medical physicist described in subsection (j) of this section, for those materials and uses these individuals performed on or before October 24, 2005.
(4) An RSO, a medical physicist, or a nuclear pharmacist who used only accelerator-produced radioactive materials, discrete sources of radium-226, or both, for medical or veterinary uses or 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, need not comply with the training requirements of subsections (h), (j), or (k) of this section, respectively, when performing the same uses. A nuclear pharmacist who prepared only radioactive drugs containing accelerator-produced radioactive materials, or a medical physicist who used only accelerator-produced radioactive materials, at the locations and during the time period identified in this paragraph, qualifies as an authorized nuclear pharmacist or an authorized medical physicist, respectively, for those materials and uses performed before these dates, for the purposes of this chapter.
(5) An individual identified as a physician, dentist, podiatrist, or veterinarian authorized for the medical or veterinary use of radioactive material.
(A) Physicians, dentists, podiatrists, or veterinarians identified as authorized users for the medical or veterinary use of radioactive material on a license issued by the department, the NRC, or an agreement state; a permit issued by an NRC master material licensee; a permit issued by the department, the NRC, or an agreement state broad scope licensee; or a permit issued by an NRC master material license broad scope permittee on or before January 14, 2019, who perform only those medical or veterinary uses for which they were authorized on or before that date need not comply with the training requirements of subsections (gg) through (ttt) of this section.
(B) Physicians, dentists, podiatrists, or veterinarians identified as authorized users for the medical or veterinary use of radioactive material on a license issued by the department, the NRC, or an agreement state; a permit issued by an NRC master material licensee; a permit issued by the department, the NRC, or an agreement state broad scope licensee; or a permit issued under an NRC master material broad scope license on or before October 24, 2005, need not comply with the training requirements of subsections (gg) through (ttt) of this section for those materials and uses these individuals performed on or before October 24, 2005, as follows:
(i) for uses authorized under subsections (ff) or (hh) of this section, or oral administration of sodium iodide I-131 requiring a written directive for imaging and localization purposes, a physician who was certified on or before October 24, 2005, in nuclear medicine by the American Board of Nuclear Medicine; diagnostic radiology by the American Board of Radiology; diagnostic radiology or radiology by the American Osteopathic Board of Radiology; nuclear medicine by the Royal College of Physicians and Surgeons of Canada; or American Osteopathic Board of Nuclear Medicine in nuclear medicine;
(ii) for uses authorized under subsection (kk) of this section, a physician who was certified on or before October 24, 2005, by the American Board of Nuclear Medicine; the American Board of Radiology in radiology, therapeutic radiology, or radiation oncology; nuclear medicine by the Royal College of Physicians and Surgeons of Canada; or the American Osteopathic Board of Radiology after 1984;
(iii) for uses authorized under subsections (rr) or (ddd) of this section, a physician who was certified on or before October 24, 2005, in radiology, therapeutic radiology, or radiation oncology by the American Board of Radiology; radiation oncology by the American Osteopathic Board of Radiology; radiology, with specialization in radiotherapy, as a British "Fellow of the Faculty of Radiology" or "Fellow of the Royal College of Radiology"; or therapeutic radiology by the Canadian Royal College of Physicians and Surgeons; and
(iv) for uses authorized under subsection (bbb) of this section, a physician who was certified on or before October 24, 2005, in radiology, diagnostic radiology, therapeutic radiology, or radiation oncology by the American Board of Radiology; nuclear medicine by the American Board of Nuclear Medicine; diagnostic radiology or radiology by the American Osteopathic Board of Radiology; or nuclear medicine by the Royal College of Physicians and Surgeons of Canada.
(C) Physicians, dentists, podiatrists, or veterinarians who used only accelerator-produced radioactive materials, discrete sources of radium-226, or both, for medical or veterinary uses performed 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, need not comply with the training requirements of subsections (gg) through (ttt) of this section when performing the same medical or veterinary uses. A physician, dentist, podiatrist, or veterinarian who used only accelerator-produced radioactive materials, discrete sources of radium-226, or both, for medical or veterinary uses at the locations and time period identified in this paragraph, qualifies as an authorized user for those materials and uses performed before these dates, for the purposes of this chapter.
(6) Individuals who need not comply with training requirements in this subsection may serve as preceptors for, and supervisors of, applicants seeking authorization on a department, NRC, or agreement state license for the same uses for which these individuals are authorized.
(m) Recentness of training. The training and experience specified in subsections (h), (j), and (gg) - (ttt) of this section for medical and veterinary use must have been obtained within the seven years preceding the date of application or the individual must have had related continuing education and experience since the required training and experience was completed.
(n) Licenses for medical and veterinary uses of radioactive material without broad scope authorization. In addition to the requirements of subsection (f) of this section, a license for medical and veterinary use of radioactive material as described in the applicable subsections (ff), (hh), (kk), (rr), (bbb), and (ddd) of this section is issued if the department approves documentation showing:
(1) the physicians or veterinarians designated on the application as the authorized users are qualified as specified in subsections (gg), (jj), (nn) - (qq), (zz), (aaa), (ccc), and (ttt) of this section, as applicable;
(2) the radiation detection and measuring instrumentation is appropriate for performing surveys and procedures for the uses involved;
(3) the radiation safety operating procedures are adequate for the handling and disposal of the radioactive material involved in the uses; and
(4) an RSC has been established as specified in subsection (i) of this section, if applicable.
(o) License for medical and veterinary uses of radioactive material with broad scope authorization. In addition to the requirements of subsection (f) of this section, a license for medical or veterinary use of radioactive material with broad scope authorization is issued if the department approves documentation showing:
(1) the review of authorized user qualifications by the RSC is as specified in subsections (gg), (jj), (nn) - (qq), (zz), (aaa), (ccc), and (ttt) of this section, as applicable;
(2) the application is for a license authorizing unspecified forms or multiple types of radioactive material for medical research, diagnosis, and therapy;
(3) the radiation detection and measuring instrumentation is appropriate for performing surveys and procedures for the uses involved;
(4) the radiation safety operating procedures are adequate for the handling and disposal of the radioactive material involved in the uses;
(5) staff has substantial experience in the use of a variety of radioactive material for a variety of human and animal uses;
(6) the full-time RSO meets the requirements of subsection (h) of this section; and
(7) an RSC has been established as specified in subsection (i)(1) of this section.
(p) License for the use of remote afterloader units, teletherapy units, or gamma stereotactic radiosurgery units. In addition to the requirements of subsection (f) of this section, a license for the use of remote afterloader units, teletherapy units, or gamma stereotactic radiosurgery units is issued if the department approves documentation showing:
(1) the physicians designated on the application as the authorized users are qualified as specified in subsection (ttt) of this section;
(2) the radiation detection and measuring instrumentation is appropriate for performing surveys and procedures for the uses involved;
(3) the radiation safety operating procedures are adequate for the handling and disposal of the radioactive material involved in the uses;
(4) the radioactive isotopes to be possessed;
(5) the sealed source manufacturer names and the model numbers of the sealed sources to be installed;
(6) the maximum number of sealed sources of each isotope to be possessed, including the activity of each sealed source;
(7) the manufacturer and model designation of the following units, as applicable:
(A) remote afterloader unit;
(B) teletherapy unit; or
(C) gamma stereotactic radiosurgery unit;
(8) the authorized medical physicist designated on the application is qualified as specified in subsection (j) of this section;
(9) the safety procedures and instructions as required by subsection (ggg) of this section;
(10) the spot check procedures as required by subsections (mmm) - (ooo) of this section, as applicable; and
(11) an RSC has been established as specified in subsection (i) of this section, if applicable.
(q) License for other medical or veterinary uses of radioactive material or a radiation source approved for medical or veterinary use not specifically addressed in this section. In addition to the requirements of subsection (f) of this section, a licensee may use radioactive material or a radiation source approved for medical or veterinary use not specifically addressed in this section if:
(1) the department approves the following documentation submitted by the applicant:
(A) any additional aspects of the medical or veterinary use of the material applicable to radiation safety not addressed in, or different from, requirements in this section;
(B) identification of and commitment to follow the applicable radiation safety program requirements in this section appropriate for the specific medical or veterinary use;
(C) any additional specific information on:
(i) radiation safety precautions and instructions;
(ii) methodology for measurement of dosages or doses to be administered to patients or human or animal research subjects; and
(iii) calibration, maintenance, and repair of instruments and equipment necessary for radiation safety; and
(D) any other information requested by the department in its review of the application; and
(2) the applicant or licensee has received written approval from the department in a license or license amendment and the licensee uses the material in accordance with the regulations and specific conditions the department considers necessary for the medical or veterinary use of the material.
(r) License amendments and notifications.
(1) Requests for amendment of a license or deletion of an authorized use site must be filed as specified in §289.252(aa) of this subchapter.
(2) A licensee must apply for and must receive a license amendment before:
(A) receiving or using radioactive material for a type of use authorized by this section, but not authorized on their current license issued under this section;
(B) permitting anyone to work as an authorized user, authorized nuclear pharmacist, authorized medical physicist, or ophthalmic physicist under the license except an individual who is identified as an authorized user, an authorized nuclear pharmacist, authorized medical physicist, or an ophthalmic physicist:
(i) on a department, NRC, or agreement state license or other equivalent permit or license recognized by the department authorizing the use of radioactive material in medical or veterinary use or in the practice of nuclear pharmacy;
(ii) on a permit issued by a department, NRC, or agreement state specific license of broad scope authorized to permit the use of radioactive material in medical or veterinary use or in the practice of nuclear pharmacy;
(iii) on a permit issued by an NRC master material licensee authorized to permit the use of radioactive material in medical use or in the practice of nuclear pharmacy; or
(iv) by a commercial nuclear pharmacy authorized to identify authorized nuclear pharmacists.
(C) changing RSOs, except as provided in subsection (g)(7) of this section;
(D) receiving radioactive material more than the amount or in a different form, or receiving a different radionuclide than authorized on the license;
(E) adding or changing the areas where radioactive material is used or stored and identified in the application or on the license, including areas used as specified in subsection (ff) or (hh) of this section if the change includes addition or relocation of either an area where positron emission tomography (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 radioactive material is used only as specified in either subsection (ff) or (hh) of this section, are exempt;
(F) changing the addresses of use identified in the application or on the license;
(G) changing operating, safety, and emergency procedures; however, a licensee may revise its radiation protection program without the department's approval if the revision does not require a license amendment under the other provisions of this paragraph; and
(i) the revision does not reduce the safety of an affected facility;
(ii) the revision is in compliance with the rules in this chapter and the license;
(iii) the revision has been reviewed and approved by the RSO and licensee management;
(iv) the affected individuals are instructed on the revised program before the changes are implemented;
(v) all changes to the radiation protection program are submitted to the department after the provisions of this subparagraph are completed; and
(vi) the licensee retains a record of each change to the radiation protection program as specified in §289.202(mm) of this chapter.
(H) before permitting anyone to work as an ARSO, or before the RSO assigns duties and tasks to an ARSO differing from those for which this individual is authorized on the license; and
(I) before receiving a sealed source from a different manufacturer or of a different model number than authorized by its license unless the sealed source is used for manual brachytherapy, is listed in the Sealed Source and Device Registry, and is in a quantity and for an isotope authorized by the license.
(3) A licensee possessing a Type A specific license of broad scope for medical or veterinary use, issued under §289.252(h)(2) of this subchapter, is exempt from:
(A) the provisions of subsection (q)(1) of this section regarding the need to file an amendment to the license for medical or veterinary use of radioactive material;
(B) the provisions of paragraph (2)(B) of this subsection;
(C) the provisions of paragraph (2)(E) of this subsection regarding additions to or changes in the areas of use at the addresses identified in the application or on the license;
(D) the provisions of paragraph (4) of this subsection;
(E) the provisions of paragraph (5)(A) of this subsection for an authorized user, an authorized nuclear pharmacist, an authorized medical physicist, or an ophthalmic physicist;
(F) the provisions of paragraph (5)(C) of this subsection; and
(G) the provisions of subsection (u)(1) of this section.
(4) A licensee must notify the department in the form of a license amendment request no later than 30 days after the date that the licensee permits an individual to work under the provisions of this subsection as an authorized user, authorized medical physicist, ophthalmic physicist, or authorized nuclear pharmacist providing the individual is authorized on a license for the same use. A licensee includes with the notification the following documentation:
(A) a copy of the department, NRC, or agreement state license;
(B) the permit issued by an NRC master material licensee;
(C) the permit issued by the department, the NRC, or an agreement state licensee of broad scope; or
(D) the permit issued by an NRC master material license broad scope permittee.
(5) A licensee must notify the department in the form of a license amendment request no later than 30 days after:
(A) an authorized user, an authorized nuclear pharmacist, an RSO, an ARSO, an authorized medical physicist, or an ophthalmic physicist permanently discontinues performance of duties under the license or has a name change;
(B) the licensee permits an individual qualified to be an RSO under subsections (h) and (m) of this section to function as a temporary RSO and to perform the functions of an RSO as specified in subsection (g)(6) of this section;
(C) the licensee has added to or changed the areas of use identified in the application or on the license where radioactive material is used as specified in either subsection (ff) or (hh) of this section, if the change does not include 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; or
(D) the licensee obtains a sealed source for use in manual brachytherapy from a different manufacturer or with a different model number than authorized by its license for which it did not require a license amendment as provided in paragraph (1) of this subsection. The notification must include the manufacturer and model number of the sealed source, the isotope, and the quantity per sealed source.
(s) Supervision. A licensee may permit the receipt, possession, use, or transfer of radioactive material by an individual under the supervision of an authorized user, unless prohibited by license condition.
(1) A licensee who permits the receipt, possession, use, or transfer of radioactive material by an individual under the supervision of an authorized user must:
(A) instruct the supervised individual in the licensee's written operating, safety, and emergency procedures, written directive procedures, requirements of this chapter, and license conditions with respect to the use of radioactive material; and
(B) require the supervised individual to follow the instructions of the supervising authorized user for medical or veterinary uses of radioactive material, written operating, safety, and emergency procedures established by the licensee, written directive procedures, requirements of this chapter, and license conditions with respect to the medical or veterinary use of radioactive material.
(2) A licensee who permits the preparation of radioactive material for medical or veterinary use by an individual under the supervision of an authorized nuclear pharmacist or authorized user must:
(A) instruct the supervised individual in the preparation of radioactive material for medical or veterinary use, as appropriate to that individual's involvement with radioactive material; and
(B) require the supervised individual to follow the instructions of the supervising authorized user or authorized nuclear pharmacist regarding the preparation of radioactive material for medical or veterinary use, the written operating, safety, and emergency procedures established by the licensee, the requirements of this chapter, and license conditions.
(3) A licensee who permits supervised activities as specified in paragraphs (1) and (2) of this subsection is responsible for the acts and omissions of the supervised individual.
(4) Only an authorized user may authorize the medical or veterinary use of radioactive material.
(t) Written directives.
(1) A written directive must be dated and signed by an authorized user before any administration of sodium iodide I-131 greater than 30 microcuries (µCi) (1.11 megabequerels (MBq)), administration of any therapeutic dosage of unsealed radioactive material, or administration of any therapeutic dose of radiation from radioactive material. If, because of the emergent nature of the patient's condition, a delay to provide a written directive would jeopardize the patient's health, an oral directive is acceptable. The information contained in the oral directive must be documented in writing as soon as possible in the patient's record. A written directive must be prepared and signed by the authorized user within 48 hours of the oral directive.
(2) The written directive must contain the patient or human research subject's name and the following information for each application.
(A) For any administration of quantities greater than 30 µCi (1.11 MBq) of sodium iodide I-131: the dosage.
(B) For an administration of a therapeutic dosage of a radiopharmaceutical other than sodium iodide I-131: the radiopharmaceutical, the dosage, and the route of administration.
(C) For gamma stereotactic radiosurgery: the total dose, the treatment site, and the values for the target coordinate settings per treatment for each anatomically distinct treatment site.
(D) For teletherapy: the total dose, the dose per fraction, the number of fractions, and the treatment site.
(E) For high-dose rate remote afterloading brachytherapy: the radionuclide, the treatment site, the dose per fraction, the number of fractions, and the total dose.
(F) For permanent implant brachytherapy:
(i) before implantation: the treatment site, the radionuclide, and the total source strength; and
(ii) after implantation but before the patient leaves the post-treatment recovery area: the treatment site, the number of sources implanted, the total source strength implanted, and the date.
(G) For all other brachytherapy, including low, medium, and pulsed rate afterloaders:
(i) before implantation: the treatment site, the radionuclide, and the dose;
(ii) after implantation but before completion of the procedure: the radionuclide, the treatment site, the number of sealed sources, the total sealed source strength, exposure time (or the total dose), and the date.
(3) A written revision to an existing written directive.
(A) A written revision to an existing written directive may be made if the revision is dated and signed by an authorized user before the administration of the dosage of unsealed radioactive material, the brachytherapy dose, the gamma stereotactic radiosurgery dose, the teletherapy dose, or the next fractional dose.
(B) If, because of the patient's condition, a delay to provide a written revision to an existing written directive would jeopardize the patient's health, an oral revision to an existing written directive is acceptable. The oral revision must be documented as soon as possible in the patient's record. A revised written directive must be signed by the authorized user within 48 hours of the oral revision.
(4) The licensee must retain the written directive as specified in subsection (xxx) of this section for inspection by the department.
(5) Procedures for administrations requiring a written directive.
(A) For any administration requiring a written directive, the licensee must develop, implement, and maintain written procedures to provide high confidence:
(i) the patient's or human research subject's identity is verified before each administration; and
(ii) each administration is in accordance with the written directive.
(B) The procedures required by subparagraph (A) of this paragraph must, at a minimum, address the following items applicable for the licensee's use of radioactive material:
(i) verifying the identity of the patient or human research subject;
(ii) verifying the administration is in accordance with the treatment plan, if applicable, and the written directive;
(iii) checking both manual and computer-generated dose calculations;
(iv) verifying any computer-generated dose calculations are correctly transferred into the consoles of therapeutic medical units authorized by subsections (q) and (ddd) of this section;
(v) determining if a medical event, as defined in subsection (uuu) of this section, has occurred; and
(vi) determining, for permanent implant brachytherapy, within 60 calendar days from the date the implant was performed, the total source strength administered outside of the treatment site compared to the total source strength documented in the post-implantation portion of the written directive, unless a written justification of patient unavailability is documented.
(C) A licensee must maintain a copy of the procedures required by subparagraph (A) of this paragraph as specified in subsection (xxx) of this section.
(u) Suppliers for sealed sources or devices for medical or veterinary use. A licensee may only use the following for medical or veterinary use:
(1) sealed sources or devices manufactured, labeled, packaged, and distributed as specified in a license issued under §289.252(o) of this subchapter or equivalent requirements of the NRC or an agreement state;
(2) sealed sources or devices non-commercially transferred from an NRC or agreement state medical or veterinary use licensee; or
(3) teletherapy sources manufactured and distributed as specified in a license issued by the department, the NRC, or an agreement state.
(v) Possession, use, and calibration of dose calibrators to measure the activity of unsealed radioactive material.
(1) For direct measurements performed as specified in subsection (x) of this section, the licensee must possess and use instrumentation to measure the activity of unsealed radioactive material before it is administered to each patient or human or animal research subject.
(2) The licensee must calibrate the instrumentation specified in paragraph (1) of this subsection in accordance with nationally recognized standards or the manufacturer's instructions.
(3) The calibration required by paragraph (2) of this subsection must include tests for constancy, accuracy, linearity, and geometry dependence, as appropriate to demonstrate proper operation of the instrument. The tests for constancy, accuracy, linearity, and geometry dependence must be conducted at the following intervals:
(A) constancy at least once each day before assay of patient dosages;
(B) linearity at installation, repair, relocation, and at least quarterly thereafter;
(C) geometry dependence at installation; and
(D) accuracy at installation and at least annually thereafter.
(4) The licensee must maintain a record of each instrument calibration as specified in subsection (xxx) of this section. The record must include:
(A) model and serial number of the instrument and calibration sources;
(B) complete date of the calibration including the month, day, and year;
(C) results of the calibration; and
(D) name of the individual who performed the calibration.
(w) Calibration of survey instruments. A licensee must calibrate the survey instruments used to show compliance with this subsection and with §289.202 of this chapter before first use, annually, and following a repair affecting the calibration. A licensee must:
(1) calibrate all scales with readings up to 10 millisieverts (mSv) (1000 millirem (mrem)) per hour with a radiation source;
(2) calibrate two separated readings on each scale or decade used to show compliance;
(3) conspicuously note on the instrument the complete date of the calibration including the month, day, and year;
(4) not use survey instruments if the difference between the indicated exposure rate and the calculated exposure rate is more than 20 percent; and
(5) maintain a record of each survey instrument calibration as specified in subsection (xxx) of this section.
(x) Determination of dosages of unsealed radioactive material for medical or veterinary use.
(1) Before medical or veterinary use, the licensee must determine and record the activity of each dosage.
(2) For a unit dosage, this determination must be made by:
(A) direct measurement of radioactivity; or
(B) a decay correction, based on the activity or activity concentration determined by:
(i) a manufacturer or preparer licensed as specified in §289.252(r) of this subchapter, or under an equivalent NRC or agreement state license;
(ii) an NRC or agreement state licensee for use in research in accordance with a Radioactive Drug Research Committee-approved protocol or an Investigational New Drug (IND) protocol accepted by the FDA; or
(iii) a PET radioactive drug producer licensed as specified in §289.252(kk) of this subchapter or equivalent NRC or agreement state requirements.
(3) For other than unit dosages, this determination must be made by:
(A) direct measurement of radioactivity;
(B) combination of measurement of radioactivity and mathematical calculations; or
(C) combination of volumetric measurements and mathematical calculations, based on the measurement made by:
(i) a manufacturer or preparer licensed as specified in §289.252(r) of this subchapter, or under an equivalent NRC or agreement state license; or
(ii) a PET radioactive drug producer licensed as specified in §289.252(kk) of this subchapter or equivalent NRC or agreement state requirements.
(4) Unless otherwise directed by the authorized user, a licensee must not use a dosage if the dosage does not fall within the prescribed dosage range or if the dosage differs from the prescribed dosage by more than 20 percent.
(5) A licensee restricted to only unit doses prepared as specified in §289.252(r) of this subchapter need not comply with paragraph (2) of this subsection unless the administration time of the unit dose deviates from the nuclear pharmacy's pre-calibrated time by 15 minutes or more.
(6) A licensee must maintain a record of the dosage determination required by this subsection as specified in subsection (xxx) of this section for inspection by the department. The record must include:
(A) the radiopharmaceutical;
(B) patient's or human or animal research subject's name or identification number, if one has been assigned;
(C) prescribed dosage;
(D) determined dosage or a notation the total activity is less than 30 µCi (1.1 MBq);
(E) the date and time of the dosage determination; and
(F) the name of the individual who determined the dosage.
(y) Authorization for calibration, transmission, and reference sources.
(1) Any licensee authorized by subsections (n), (o), (p), or (q) of this section for medical or veterinary use of radioactive material may receive, possess, and use any of the following radioactive material for check, calibration, transmission, and reference use:
(A) sealed sources, not exceeding 30 millicuries (mCi) (1.11 gigabecquerel (GBq)) each, manufactured and distributed by a person licensed under §289.252(o) of this subchapter or equivalent NRC or agreement state regulations;
(B) sealed sources, not exceeding 30 mCi (1.11 GBq) each, redistributed by a licensee authorized to redistribute the sealed sources manufactured and distributed by a person licensed under §289.252(o) of this subchapter or equivalent NRC or agreement state regulations, provided the redistributed sealed sources are in the original packaging and shielding and are accompanied by the manufacturer's approved instructions;
(C) any radioactive material with a half-life not longer than 120 days in individual amounts not to exceed 15 mCi (0.56 GBq);
(D) any radioactive material with a half-life longer than 120 days in individual amounts not to exceed the smaller of 200 µCi (7.4 MBq) or 1000 times the quantities in §289.202(ggg)(3) of this chapter; and
(E) technetium-99m in amounts as needed.
(2) Radioactive material in sealed sources authorized by this subsection must not be:
(A) used for medical or veterinary use as defined in subsection (c) of this section except as specified in the requirements in subsection (bbb) of this section; or
(B) combined (i.e., bundled or aggregated) to create an activity greater than the maximum activity of any single sealed source authorized under this section.
(3) A licensee using calibration, transmission, and reference sources as specified in the requirements in paragraph (1) or (2) of this subsection need not list these sources on a specific medical or veterinary use license.
(z) Requirements for possession of sealed sources and brachytherapy sealed sources. A licensee in possession of any sealed source or brachytherapy source must:
(1) follow the radiation safety and handling instructions supplied by the manufacturer and the leakage test requirements as specified in §289.201(g) of this chapter and reporting requirements in §289.202(bbb) of this chapter; and
(2) conduct a physical inventory at intervals not to exceed six months to account for all sealed sources in its possession. Records of the inventory must be made and maintained for inspection by the department as specified in subsection (xxx) of this section and must include:
(A) model number of each source and serial number if one has been assigned;
(B) identity of each source and its nominal activity;
(C) location of each source;
(D) date of the inventory; and
(E) name of the individual who performed the inventory.
(aa) Labeling of vials and syringes. Each syringe and vial containing a radiopharmaceutical must be labeled to identify the radioactive drug. Each syringe shield and vial shield must also be labeled unless the label on the syringe or vial is visible when shielded.
(bb) Surveys for ambient radiation exposure rate.
(1) In addition to the requirements of §289.202(p) of this chapter and except as provided in paragraph (2) of this subsection, a licensee must survey, with a radiation detection survey instrument, at the end of each day of use, all areas where radioactive material requiring a written directive was prepared for use or administered.
(2) A licensee is not required to perform the surveys required by paragraph (1) of this subsection in an area where patients or human research subjects are confined when they cannot be released as specified in subsection (cc) of this section or an animal that is confined. Once the patient or human or animal research subject is released from confinement, the licensee must survey with a radiation survey instrument the area in which the patient or human or animal research subject was confined.
(3) A record of each survey must be retained as specified in subsection (xxx) of this section for inspection by the department. The record must include:
(A) date of the survey;
(B) results of the survey;
(C) manufacturer's name, model, and serial number of the instrument used to make the survey; and
(D) name of the individual who performed the survey.
(cc) Release of individuals containing radioactive drugs or implants containing radioactive material.
(1) The licensee may authorize the release from its control, any individual administered radioactive drugs or implants containing radioactive material if the total effective dose equivalent (TEDE) to any other individual from exposure to the released individual is not likely to exceed 0.5 rem (5 mSv).
(2) The licensee must provide the released individual, or the individual's parent or guardian, with written instructions on actions recommended to maintain doses to other individuals ALARA if the TEDE to any other individual is likely to exceed 0.1 rem (1 mSv). If the TEDE to a nursing infant or child could exceed 0.1 rem (1 mSv), assuming there was no interruption of breast-feeding, the instructions must include:
(A) guidance on the interruption or discontinuation of breast-feeding; and
(B) information on the potential consequences, if any, of failure to follow the guidance.
(3) The licensee must maintain for inspection by the department, a record as specified in subsection (xxx) of this section of each patient released according to paragraph (1) of this subsection. The record must include:
(A) the basis for authorizing the release of an individual; and
(B) the instructions provided to a breast-feeding woman if the radiation dose to the infant or child from continued breast-feeding could result in a TEDE exceeding 0.5 rem (5 mSv).
(dd) Mobile nuclear medicine service. A license for a mobile nuclear medicine service for medical or veterinary use of radioactive material is issued if the department approves the documentation submitted by the applicant as specified in the requirements of subsections (f) and (n) of this section. The clients of the mobile nuclear medicine service must be licensed if the client receives or possesses radioactive material to be used by the mobile nuclear medicine service.
(1) A licensee providing mobile nuclear medicine service must:
(A) obtain a letter signed by the management of each client for which services are rendered permitting the use of radioactive material at the client's address and clearly delineating the authority and responsibility of the licensee and the client;
(B) check instruments used to measure the activity of unsealed radioactive material for proper function before medical or veterinary use at each client's address or on each day of use, whichever is more frequent. As a minimum, the check for proper function required by this subparagraph must include a constancy check;
(C) have at least one fixed facility where records are maintained and radioactive material is delivered by manufacturers or distributors each day before the mobile nuclear medicine licensee dispatches its vehicles to client sites;
(D) agree to have an authorized physician user directly supervise each technologist at a reasonable frequency;
(E) check survey instruments for proper operation with a dedicated check source before use at each client's address; and
(F) before leaving a client's address, survey all areas of use to ensure compliance with the requirements of §289.202 of this chapter.
(2) A mobile nuclear medicine service must not have radioactive material delivered from the manufacturer or the distributor to the client unless the client has a license allowing possession of the radioactive material. Radioactive material delivered to the client must be received and handled in conformance with the client's license.
(3) A licensee providing mobile nuclear medicine services must maintain records, for inspection by the department, as specified in subsection (xxx) of this section including the letter required in paragraph (1)(A) of this subsection and the record of each survey required in paragraph (1)(F) of this subsection.
(ee) Decay-in-storage.
(1) The licensee may hold radioactive material with a physical half-life of less than or equal to 120 days for decay-in-storage and dispose of it without regard to its radioactivity if the licensee:
(A) monitors radioactive material at the surface before disposal and determines its radioactivity cannot be distinguished from the background radiation level with an appropriate radiation detection survey meter set on its most sensitive scale and with no interposed shielding; and
(B) removes or obliterates all radiation labels, except for radiation labels on materials within containers and handled as biomedical waste after it has been released from the licensee.
(2) The licensee must retain a record of each disposal as required by paragraph (1) of this subsection as specified in subsection (xxx) of this section for inspection by the department. The record must include:
(A) date of the disposal;
(B) manufacturer's name, model number, and serial number of the survey instrument used;
(C) background radiation level;
(D) radiation level measured at the surface of each waste container; and
(E) name of the individual who performed the survey.
(ff) Use of unsealed radioactive material for uptake, dilution, and excretion studies not requiring a written directive. Except for quantities that require a written directive as specified in subsection (t) of this section, a licensee may use any unsealed radioactive material prepared for medical or veterinary use for uptake, dilution, or excretion studies:
(1) obtained from:
(A) a manufacturer or preparer licensed as specified in §289.252(r) of this subchapter or equivalent NRC or agreement state requirements; or
(B) a PET radioactive drug producer licensed as specified in §289.252(kk) of this subchapter or equivalent NRC or agreement state requirements; or
(2) excluding production of PET radionuclides, prepared by:
(A) an authorized nuclear pharmacist; or
(B) a physician or veterinarian who is an authorized user and who meets the requirements specified in subsections (jj) or (nn) and (jj)(3)(A)(ii)(VII) of this section; or
(C) an individual under the supervision, as specified in subsection (s) of this section, of the authorized nuclear pharmacist in subparagraph (A) of this paragraph, or the physician or veterinarian who is an authorized user in subparagraph (B) of this paragraph; or
(3) obtained from and prepared by an NRC or agreement state licensee for use in research in accordance with a Radioactive Drug Research Committee-approved protocol or an IND protocol accepted by the FDA; or
(4) prepared by the licensee for use in research in accordance with a Radioactive Drug Research Committee-approved application or an IND protocol accepted by the FDA.
(gg) Training for uptake, dilution, and excretion studies. Except as provided in subsection (l) of this section, the licensee must require an authorized user of unsealed radioactive material for the uses authorized in subsection (ff) of this section to be:
(1) a physician certified by a medical specialty board whose certification process is recognized by the department, the NRC, or an agreement state. The names of board certifications recognized by the department, the NRC, or an agreement state are posted on the NRC's Medical Uses Licensee Toolkit web page. To have its certification recognized, a specialty board must require all candidates for certification to:
(A) complete 60 hours of training and experience in basic radionuclide handling techniques and radiation safety applicable to the medical use of unsealed radioactive material for uptake, dilution, and excretion studies as described in paragraph (3)(A) of this subsection; and
(B) pass an examination, administered by diplomates of the specialty board, assessing knowledge and competence in radiation safety, radionuclide handling, and quality control; or
(2) an authorized user as specified in subsections (jj) or (nn) of this section or equivalent NRC or agreement state requirements; or
(3) a physician or veterinarian who:
(A) completes 60 hours of training and experience, including a minimum of eight hours of classroom and laboratory training, in basic radionuclide handling techniques applicable to the medical or veterinary use of unsealed radioactive material for uptake, dilution, and excretion studies. The training and experience must include:
(i) classroom and laboratory training in:
(I) radiation physics and instrumentation;
(II) radiation protection;
(III) mathematics pertaining to the use and measurement of radioactivity;
(IV) chemistry of radioactive material for medical or veterinary use; and
(V) radiation biology; and
(ii) work experience, under the supervision of an authorized user meeting the requirements of this subsection, subsections (l), (jj), or (nn) of this section, or equivalent NRC or agreement state requirements involving:
(I) ordering, receiving, and unpacking radioactive materials safely and performing the related radiation surveys;
(II) performing quality control procedures on instruments used to determine the activity of dosages and performing checks for proper operation of survey meters;
(III) calculating, measuring, and safely preparing patient or human or animal research subject dosages;
(IV) using administrative controls to prevent a medical event involving the use of unsealed radioactive material;
(V) using procedures to contain spilled radioactive material safely and using proper decontamination procedures; and
(VI) administering dosages of radioactive drugs to patients or human or animal research subjects; and
(B) obtains written attestation the individual has satisfactorily completed the requirements in subparagraph (A) of this paragraph and is able to independently fulfill the radiation safety-related duties as an authorized user for the medical or veterinary uses authorized under subsection (ff) of this section. The attestation must be obtained from either:
(i) a preceptor authorized user who meets the requirements of subsection (l) of this section, this subsection, or subsections (jj) or (nn) of this section, or equivalent NRC or agreement state requirements; or
(ii) a residency program director affirming in writing the attestation represents the consensus of the residency program faculty where at least one faculty member is an authorized user who meets the requirements in subsections (l), (gg), (jj), or (nn) of this section, or equivalent NRC or agreement state requirements, and concurs with the attestation provided by the residency program director. The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in subparagraph (A) of this paragraph.
(hh) Use of unsealed radioactive material for imaging and localization studies not requiring a written directive. Except for quantities requiring a written directive as specified in subsection (t) of this section, a licensee may use any unsealed radioactive material prepared for medical or veterinary use for imaging and localization studies:
(1) obtained from:
(A) a manufacturer or preparer licensed as specified in §289.252(r) of this subchapter or equivalent NRC or agreement state requirements; or
(B) a PET radioactive drug producer licensed as specified in §289.252(kk) of this subchapter or equivalent NRC or agreement state requirements; or
(2) excluding production of PET radionuclides prepared by:
(A) an authorized nuclear pharmacist; or
(B) a physician or veterinarian who is an authorized user and who meets the requirements specified in subsections (jj) or (nn) and (jj)(3)(A)(ii)(VII) of this section; or
(C) an individual under the supervision, as specified in subsection (s) of this section, of the authorized nuclear pharmacist in subparagraph (A) of this paragraph, or the physician or veterinarian who is an authorized user in subparagraph (B) of this paragraph; or
(3) obtained from and prepared by an NRC or agreement state licensee for use in research in accordance with a Radioactive Drug Research Committee-approved protocol or an IND protocol accepted by the FDA; or
(4) prepared by the licensee for use in research in accordance with a Radioactive Drug Research Committee-approved application or an IND protocol accepted by the FDA.
(ii) Permissible molybdenum-99, strontium-82, and strontium-85 concentrations.
(1) The licensee may not administer to humans a radiopharmaceutical containing:
(A) more than 0.15 µCi of molybdenum-99 per mCi of technetium-99m (0.15 kilobecquerel (kBq) of molybdenum-99 per MBq of technetium-99m); or
(B) more than 0.02 µCi of strontium-82 per mCi of rubidium-82 chloride (0.02 kBq of strontium-82 per MBq of rubidium-82 chloride) injection; or
(C) more than 0.2 µCi of strontium-85 per mCi of rubidium-82 (0.2 kBq of strontium-85 per MBq of rubidium-82 chloride) injection.
(2) The licensee using molybdenum-99/technetium-99m generators for preparing a technetium-99m radiopharmaceutical must measure the molybdenum-99 concentration in each eluate from a generator to demonstrate compliance with paragraph (1) of this subsection.
(3) The licensee using a strontium-82/rubidium-82 generator for preparing a rubidium-82 radiopharmaceutical must, before the first patient use of the day, measure the concentration of radionuclides strontium-82 and strontium-85 to demonstrate compliance with paragraph (1) of this subsection.
(4) If the licensee is required to measure the molybdenum-99 or strontium-82 and strontium-85 concentrations, the licensee must retain a record of each measurement as specified in subsection (xxx) of this section for inspection by the department. The record must include:
(A) for each measured elution of technetium-99m:
(i) the ratio of the measures expressed as µCi of molybdenum-99 per mCi of technetium-99m (kBq of molybdenum-99 per MBq of technetium-99m);
(ii) time and date of the measurement; and
(iii) name of the individual who made the measurement.
(B) for each measured elution of rubidium-82:
(i) the ratio of the measures expressed as µCi of strontium-82 per mCi of rubidium (kBq of strontium-82 per MBq of rubidium-82);
(ii) the ratio of the measures expressed as µCi of strontium-85 per mCi of rubidium (kBq of strontium-85 per MBq of rubidium-82);
(iii) time and date of the measurement; and
(iv) name of the individual who made the measurement.
(5) The licensee must report any measurement that exceeds the limits in paragraph (1) of this subsection at the time of generator elution, as specified in subsection (www) of this section.
(jj) Training for imaging and localization studies. Except as provided in subsection (l) of this section, the licensee must require an authorized user of unsealed radioactive material for the uses authorized in subsection (hh) of this section to be:
(1) a physician certified by a medical specialty board whose certification process is recognized by the department, the NRC, or an agreement state. The names of board certifications recognized by the department, the NRC, or an agreement state are posted on the NRC's Medical Uses Licensee Toolkit web page. To have its certification process recognized, a specialty board must require all candidates for certification to:
(A) complete 700 hours of training and experience in basic radionuclide handling techniques and radiation safety applicable to the medical use of unsealed radioactive material for imaging and localization studies as described in paragraph (3) of this subsection; and
(B) pass an examination, administered by diplomates of the specialty board, assessing knowledge and competence in radiation safety, radionuclide handling, and quality control; or
(2) an authorized user as specified in subsection (nn) of this section and who meets the requirements of paragraph (3)(A)(ii)(VII) of this subsection or equivalent NRC or agreement state requirements; or
(3) a physician or veterinarian who:
(A) completes 700 hours of training and experience, including a minimum of 80 hours of classroom and laboratory training, in basic radionuclide handling techniques applicable to the medical or veterinary use of unsealed radioactive material for imaging and localization studies. The training and experience must include:
(i) classroom and laboratory training in:
(I) radiation physics and instrumentation;
(II) radiation protection;
(III) mathematics pertaining to the use and measurement of radioactivity;
(IV) chemistry of radioactive material for medical or veterinary use; and
(V) radiation biology; and
(ii) work experience under the supervision of an authorized user who meets the requirements in subsection (l) of this section, this subsection, or paragraph (3)(A)(ii)(VII) of this section, and subsection (nn) of this section, or equivalent NRC or agreement state requirements. An authorized nuclear pharmacist who meets the requirements in subsections (k) or (l) of this section may provide the supervised work experience for subclause (VII) of this clause. Work experience must involve:
(I) ordering, receiving, and unpacking radioactive materials safely and performing the related radiation surveys;
(II) performing quality control procedures on instruments used to determine the activity of dosages and performing checks for proper operation of survey meters;
(III) calculating, measuring, and safely preparing patient or human or animal research subject dosages;
(IV) using administrative controls to prevent a medical event involving the use of unsealed radioactive material;
(V) using procedures to contain spilled radioactive material safely and using proper decontamination procedures;
(VI) administering dosages of radioactive drugs to patients or human or animal research subjects; and
(VII) eluting generator systems appropriate for preparation of radioactive drugs for imaging and localization studies, measuring and testing the eluate for radionuclide purity, and processing the eluate with reagent kits to prepare labeled radioactive drugs; and
(B) obtains written attestation the individual has satisfactorily completed the requirements in this paragraph and is able to independently fulfill the radiation safety-related duties as an authorized user for the medical or veterinary uses authorized under subsections (ff) and (hh) of this section. The attestation must be obtained from either:
(i) a preceptor authorized user meeting the requirements of subsection (l) of this section, this subsection, or paragraph (3)(A)(ii)(VII) of this subsection, and subsection (nn) of this section, or equivalent NRC or agreement state requirements; or
(ii) a residency program director affirming in writing the attestation represents the consensus of the residency program faculty where at least one faculty member is an authorized user meeting the requirements in subsections (l), (jj), or (nn) of this section and paragraph (3)(A)(ii)(VII) of this subsection, or equivalent NRC or agreement state requirements, and concurs with the attestation provided by the residency program director. The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in this paragraph.
(kk) Use of unsealed radioactive material requiring a written directive. A licensee may use any unsealed radioactive material identified in subsection (nn)(2)(A)(ii)(VI) of this section prepared for medical or veterinary use requiring a written directive:
(1) obtained from:
(A) a manufacturer or preparer licensed as specified in §289.252(r) of this subchapter or equivalent NRC or agreement state requirements;
(B) a PET radioactive drug producer licensed as specified in §289.252(kk) of this subchapter or equivalent NRC or agreement state requirements; or
(2) excluding production of PET radionuclides prepared by:
(A) an authorized nuclear pharmacist; or
(B) a physician or veterinarian who is an authorized user and meets the requirements specified in subsections (jj) or (nn) of this section; or
(C) an individual under the supervision, as specified in subsection (s) of this section, of the authorized nuclear pharmacist in subparagraph (A) of this paragraph, or the physician or veterinarian who is an authorized user in subparagraph (B) of this paragraph; or
(3) obtained from and prepared by an NRC or agreement state licensee for use in research in accordance with an IND protocol accepted by the FDA; or
(4) prepared by the licensee for use in research in accordance with an IND protocol accepted by the FDA.
(ll) Safety instruction to personnel.
(1) The licensee must provide radiation safety instruction, initially and at least annually, to personnel caring for patients or human or animal research subjects who cannot be released as specified in subsection (cc) of this section. The instruction must be appropriate to the personnel's assigned duties and include:
(A) patient or human or animal research subject control; and
(B) visitor control, including:
(i) routine visitation to hospitalized individuals or animals as specified in §289.202(n) of this chapter;
(ii) contamination control;
(iii) waste control; and
(iv) notification of the RSO, or his or her designee, and an authorized user if the patient or the human or animal research subject has a medical emergency or dies.
(2) The licensee must maintain a record for inspection by the department, as specified in subsection (xxx) of this section, of individuals receiving instruction. The record must include:
(A) list of the topics covered;
(B) date of the instruction or training;
(C) names of the attendees; and
(D) names of the personnel who provided the instruction.
(mm) Safety precautions. For each human patient or human research subject who cannot be released as specified in subsection (cc) of this section, the licensee must:
(1) provide a private room with a private sanitary facility; or
(2) provide a room with a private sanitary facility with another individual who also has received therapy with an unsealed radioactive material and who also cannot be released as specified in subsection (cc) of this section;
(3) post the patient's or the research subject's room with a "Radioactive Materials" sign and note on the door and in the patient's or research subject's chart where and how long visitors may stay in the patient's or the research subject's room; and
(4) either monitor material and items removed from the patient's or the research subject's room to determine their radioactivity cannot be distinguished from the natural background radiation level with a radiation detection survey instrument set on its most sensitive scale and with no interposed shielding, or, handle such material and items as radioactive waste; and
(5) notify the RSO, or his or her designee, and the authorized user immediately if the patient or research subject has a medical emergency or dies.
(nn) Training for use of unsealed radioactive material requiring a written directive. Except as provided in subsection (l) of this section, the licensee must require an authorized user of unsealed radioactive material for the uses authorized in subsection (kk) of this section to be:
(1) a physician certified by a medical specialty board whose certification process is recognized by the department, the NRC, or an agreement state and who meets the requirements in paragraph (2)(A)(ii)(VI) of this subsection. The names of board certifications recognized by the department, the NRC, or an agreement state are posted on the NRC's Medical Uses Licensee Toolkit web page. To be recognized, a specialty board must require all candidates for certification to:
(A) successfully complete residency training in a radiation therapy or nuclear medicine training program or a program in a related medical specialty. These residency training programs must include 700 hours of training and experience as described in paragraph (2)(A)(i) - (2)(A)(ii)(V) of this subsection. Eligible training programs must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, or the Council on Postdoctoral Training of the American Osteopathic Association; and
(B) pass an examination, administered by diplomates of the specialty board assessing knowledge and competence in radiation safety, radionuclide handling, quality assurance, and clinical use of unsealed radioactive material for which a written directive is required; or
(2) a physician or veterinarian who:
(A) completes 700 hours of training and experience, including a minimum of 200 hours of classroom and laboratory training, in basic radionuclide handling techniques applicable to the medical or veterinary use of unsealed radioactive material requiring a written directive. The training and experience must include:
(i) classroom and laboratory training in:
(I) radiation physics and instrumentation;
(II) radiation protection;
(III) mathematics pertaining to the use and measurement of radioactivity;
(IV) chemistry of radioactive material for medical or veterinary use; and
(V) radiation biology; and
(ii) work experience, under the supervision of an authorized user meeting the requirements of subsection (l) of this section, this subsection, or equivalent NRC or agreement state requirements. A supervising authorized user meeting the requirements of this paragraph must have experience in administering dosages in the same dosage category or categories (i.e., subclause (VI) of this clause) as the individual requesting authorized user status. The work experience must involve:
(I) ordering, receiving, and unpacking radioactive materials safely and performing the related radiation surveys;
(II) performing quality control procedures on instruments used to determine the activity of dosages and performing checks for proper operation of survey meters;
(III) calculating, measuring, and safely preparing patient or human or animal research subject dosages;
(IV) using administrative controls to prevent a medical event involving the use of unsealed radioactive material;
(V) using procedures to contain spilled radioactive material safely and using proper decontamination procedures; and
(VI) administering dosages of radioactive drugs to patients or human or animal research subjects from the three categories in the following items. Radioactive drugs containing radionuclides in categories not included in this paragraph are regulated under subsection (q) of this section. For each category in which the individual is requesting authorized user status, the work experience must involve a minimum of three cases in:
(-a-) oral administration of less than or equal to 33 mCi (1.22 GBq) of sodium iodide I-131, for which a written directive is required;
(-b-) oral administration of greater than 33 mCi (1.22 GBq) of sodium iodide I-131 (experience with at least three cases in this item also satisfies the requirement of item (-a-) of this subclause); and
(-c-) parenteral administration of any radioactive drug that contains a radionuclide primarily used for its electron emission, beta radiation characteristics, alpha radiation characteristics, or photon energy of less than 150 kiloelectron volts (keV) for which a written directive is required; and
(B) obtains written attestation the individual has satisfactorily completed the requirements of paragraph (2)(A) of this subsection and is able to independently fulfill the radiation safety-related duties as an authorized user for the medical or veterinary uses authorized under subsection (kk) of this section for which the individual is requesting authorized user status. The attestation must be obtained from either:
(i) a preceptor authorized user meeting the requirements of subsection (l) of this section, this subsection, or equivalent NRC or agreement state requirements and has experience in administering dosages in the same dosage category or categories as the individual requesting authorized user status; or
(ii) a residency program director affirming in writing the attestation represents the consensus of the residency program faculty where at least one faculty member is an authorized user meeting the requirements in subsections (l) or (nn) of this section, or equivalent NRC or agreement state requirements, has experience in administering dosages in the same dosage category or categories as the individual requesting authorized user status, and concurring with the attestation provided by the residency program director. The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in this paragraph.
(oo) Training for the oral administration of sodium iodide I-131 requiring a written directive in quantities less than or equal to 33 mCi (1.22 GBq). Except as provided in subsection (l) of this section, the licensee must require an authorized user for the oral administration of sodium iodide I-131 requiring a written directive in quantities less than or equal to 33 mCi (1.22 GBq) to be:
(1) a physician certified by a medical specialty board whose certification process includes all the requirements of paragraph (3)(A) of this subsection and whose certification is recognized by the department, the NRC, or an agreement state (names of board certifications recognized by the department, the NRC, or an agreement state are posted on the NRC's Medical Uses Licensee Toolkit web page); or
(2) an authorized user as specified in subsection (nn) of this section for uses listed in subsection (nn)(2)(A)(ii)(VI)(-a-) or (-b-) of this section, or subsection (pp) of this section, or equivalent NRC or agreement state requirements; or
(3) a physician or veterinarian who:
(A) successfully completes 80 hours of classroom and laboratory training and work experience applicable to the medical or veterinary use of sodium iodide I-131 for procedures requiring a written directive. The training and experience must include:
(i) classroom and laboratory training, including:
(I) radiation physics and instrumentation;
(II) radiation protection;
(III) mathematics pertaining to the use and measurement of radioactivity;
(IV) chemistry of radioactive material for medical or veterinary use; and
(V) radiation biology; and
(ii) work experience, under the supervision of an authorized user meeting the requirements of subsection (l) of this section, this subsection, subsection (nn) or subsection (pp) of this section, or equivalent NRC or agreement state requirements. A supervising authorized user meeting the requirements in subsection (nn)(2) of this section must also have experience in administering dosages as specified in subsection (nn)(2)(A)(ii)(VI)(-a-) or (-b-) of this section. The work experience must involve:
(I) ordering, receiving, and unpacking radioactive materials safely and performing the related radiation surveys;
(II) performing quality control procedures on instruments used to determine the activity of dosages and performing checks for proper operation of survey meters;
(III) calculating, measuring, and safely preparing patient or human or animal research subject dosages;
(IV) using administrative controls to prevent a medical event involving the use of unsealed radioactive material;
(V) using procedures to contain spilled radioactive material safely and using proper decontamination procedures; and
(VI) administering dosages of radioactive drugs to patients or human or animal research subjects that includes at least three cases involving the oral administration of less than or equal to 33mCi (1.22 GBq) of sodium iodide I-131; and
(B) obtains written attestation the individual has satisfactorily completed the requirements of paragraph (3)(A) of this subsection and is able to independently fulfill the radiation safety-related duties as an authorized user for oral administration of less than or equal to 33 mCi (1.22 GBq) of sodium iodide I-131 for medical or veterinary uses authorized under subsection (kk) of this section. The attestation must be obtained from either:
(i) a preceptor authorized user meeting the requirements of subsection (l) of this section, this subsection, subsection (nn) or subsection (pp) of this section, or equivalent NRC or agreement state requirements and has experience in administering dosages as specified in subsection (nn)(2)(A)(ii)(VI)(-a-) or (-b-) of this section; or
(ii) a residency program director affirming in writing that the attestation represents the consensus of the residency program faculty where at least one faculty member is an authorized user meeting the requirements in subsections (l), (nn), (oo), or (pp) of this section, or equivalent NRC or agreement state requirements, has experience in administering dosages as specified in subsection (nn)(2)(A)(ii)(VI)(-a-) or (-b-), and concurring with the attestation provided by the residency program director. The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in this paragraph.
(pp) Training for the oral administration of sodium iodide I-131 requiring a written directive in quantities greater than 33 mCi (1.22 GBq). Except as provided in subsection (l) of this section, the licensee must require an authorized user for the oral administration of sodium iodide I-131 requiring a written directive in quantities greater than 33 mCi (1.22 GBq) to be:
(1) a physician certified by a medical specialty board whose certification process includes all the requirements in paragraph (3)(A) of this subsection and whose certification is recognized by the department, the NRC, or an agreement state (names of board certifications recognized by the department, the NRC, or an agreement state are posted on the NRC's Medical Uses Licensee Toolkit web page); or
(2) an authorized user as specified in subsection (nn) of this section or equivalent NRC or agreement state requirements for uses listed in subsection (nn)(2)(A)(ii)(VI)(-b-) of this section; or
(3) a physician or veterinarian who:
(A) successfully completes 80 hours of classroom and laboratory training applicable to the medical or veterinary use of sodium iodide I-131 for procedures requiring a written directive. The training and experience must include:
(i) classroom and laboratory training, including:
(I) radiation physics and instrumentation;
(II) radiation protection;
(III) mathematics pertaining to the use and measurement of radioactivity;
(IV) chemistry of radioactive material for medical or veterinary use; and
(V) radiation biology; and
(ii) work experience, under the supervision of an authorized user meeting the requirements of subsection (l) of this section, subsections (nn) or (pp) of this section, or equivalent NRC or agreement state requirements. A supervising authorized user meeting the requirements of subsection (nn)(2) of this section must also have experience in administering dosages as specified in subsection (nn)(2)(A)(ii)(VI)(-b-) of this section. The work experience must involve:
(I) ordering, receiving, and unpacking radioactive materials safely and performing the related radiation surveys;
(II) performing quality control procedures on instruments used to determine the activity of dosages and performing checks for proper operation of survey meters;
(III) calculating, measuring, and safely preparing patient or human or animal research subject dosages;
(IV) using administrative controls to prevent a medical event involving the use of unsealed radioactive material;
(V) using procedures to contain spilled radioactive material safely and using proper decontamination procedures; and
(VI) administering dosages of radioactive drugs to patients or human or animal research subjects that includes at least three cases involving the oral administration of greater than 33 mCi (1.22 GBq) of sodium iodide I-131; and
(B) obtains written attestation the individual has satisfactorily completed the requirements of paragraph (3)(A) of this subsection and is able to independently fulfill the radiation safety-related duties as an authorized user for oral administration of greater than 33 mCi (1.22 GBq) of sodium iodide I-131 for medical or veterinary uses authorized under subsection (kk) of this section. The attestation must be obtained from either:
(i) a preceptor authorized user meeting the requirements in subsections (l) or (nn) of this section, this subsection, or equivalent NRC or agreement state requirements and has experience in administering dosages as specified in subsection (nn)(2)(A)(ii)(VI)(-b-) of this section; or
(ii) a residency program director affirming in writing that the attestation represents the consensus of the residency program faculty where at least one faculty member is an authorized user meeting the requirements in subsections (l), (nn), or (pp) of this section, or equivalent NRC or agreement state requirements, has experience in administering dosages as specified in subsection (nn)(2)(A)(ii)(VI)(-b-) of this section, and concurring with the attestation provided by the residency program director. The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate
Medical Education, the Royal College of Physicians and Surgeons of Canada, or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in this paragraph.
(qq) Training for the parenteral administration of unsealed radioactive material requiring a written directive.
(1) Except as provided in subsection (l) of this section, the licensee must require an authorized user for the parenteral administration of unsealed radioactive materials requiring a written directive to be:
(A) an authorized user as specified in subsection (nn) of this section for uses listed in subsection (nn)(2)(A)(ii)(VI)(-c-) of this section or equivalent NRC or agreement state requirements; or
(B) an authorized user under subsections (zz) or (ttt) of this section or equivalent NRC or agreement state requirements and meeting the requirements of paragraph (2) of this subsection; or
(C) a physician certified by a medical specialty board whose certification process is recognized by the department, the NRC, or an agreement state as specified in subsections (zz) or (ttt) of this section, and meets the requirements of paragraph (2) of this subsection.
(2) The physician or veterinarian must also:
(A) successfully complete 80 hours of classroom and laboratory training applicable to parenteral administrations listed in subsection (nn)(2)(A)(ii)(VI)(-c-) of this section.
(B) complete training and experience to include:
(i) classroom and laboratory training, including:
(I) radiation physics and instrumentation;
(II) radiation protection;
(III) mathematics pertaining to the use and measurement of radioactivity;
(IV) chemis

[Text truncated at 120,000 characters. The full text is on the page linked above.]

## Nearby sections

- [25 Tex. Admin. Code § 289.251 25 TAC § 289.251. Exemptions, General Licenses, and General License Acknowledgements](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C289_S289_251.md)
- [25 Tex. Admin. Code § 289.252 25 TAC § 289.252. Licensing of Radioactive Material](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C289_S289_252.md)
- [25 Tex. Admin. Code § 289.253 25 TAC § 289.253. Radiation Safety Requirements for Well Logging Service Operations and Tracer Studies](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C289_S289_253.md)
- [25 Tex. Admin. Code § 289.255 25 TAC § 289.255. Radiation Safety Requirements and Licensing and Registration Procedures for Industrial Radiography](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C289_S289_255.md)
- [25 Tex. Admin. Code § 289.256 25 TAC § 289.256. Medical and Veterinary Use of Radioactive Material](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C289_S289_256.md)
- [25 Tex. Admin. Code § 289.257 25 TAC § 289.257. Packaging and Transportation of Radioactive Material](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C289_S289_257.md)
- [25 Tex. Admin. Code § 289.258 25 TAC § 289.258. Licensing and Radiation Safety Requirements for Irradiators](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C289_S289_258.md)
- [25 Tex. Admin. Code § 289.259 25 TAC § 289.259. Licensing of Naturally Occurring Radioactive Material (NORM)](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C289_S289_259.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C289_S289_256. Check the current official text before relying on it. Not legal advice.
