1. Each license
issued pursuant to NAC
459.180 to
459.950, inclusive, and sections
7 to 28, inclusive, :
(a) Is subject to all
the provisions of chapter 459 of NRS, now or hereafter in effect, and to all
regulations and orders of the Division ;
(b) Except as otherwise provided in the
license, includes a right to receive, possess and utilize radioactive material;
and
(c) Is governed by the
provisions adopted pursuant to NAC
459.1997 with regard to the
preparation for shipment and transportation of radioactive material.
2. No license issued or granted
under NAC
459.180 to
459.950, inclusive, and sections
7 to 28, inclusive,, or right to possess or utilize radioactive material
granted by any license issued pursuant to those provisions, may be transferred,
assigned or in any manner disposed of, either voluntarily or involuntarily,
directly or indirectly, through transfer of control of any license to any
person unless the Division, after securing full information, finds that the
transfer is in accordance with the provisions of chapter 459 of NRS and gives
its consent in writing.
3. A person
licensed by the Division pursuant to NAC
459.180 to
459.950, inclusive, and sections
7 to 28, inclusive may apply to the Division to transfer his or her license to
another person. The application for such a transfer must include, without
limitation:
(a) The identity and technical
qualifications of the proposed transferee;
(b) The financial qualifications of the
proposed transferee as determined by the Division based on the financial
reports or certified financial statements of the proposed transferee;
and
(c) The information concerning
financial assurance for decommissioning required by NAC
459.1955.
4. Each person licensed by the Division
pursuant to NAC
459.180 to
459.950, inclusive, and sections
7 to 28, inclusive,, or each person seeking a license, shall:
(a) Confine his or her use and possession of
the material licensed to the locations and purposes authorized in the
license.
(b) Inform the Division in
writing before the sale or lease of his or her business if the transaction
involves the transfer of a source of radiation to another person.
(c) Inform the Division, in writing,
immediately following the filing of a voluntary or involuntary petition for
bankruptcy under Title 11 of the United States Code or the appropriate chapter
of NRS by or against:
(1) The
licensee;
(2) An entity, as that
term is defined in
11
U.S.C. §
101(15), which
controls the licensee or which lists the licensee as a property of the estate
of the entity; or
(3) An affiliate,
as that term is defined in
11
U.S.C. §
101(2), of the
licensee.
The notice described in this paragraph must inform the Division
of the bankruptcy court in which and the date on which the petition for
bankruptcy was filed
(d) Keep records of information important to
the safe and effective decommissioning of the facility where the radioactive
material is located in a location identified to the Division until the license
is terminated by the Division. If records of information relevant to
decommissioning are kept for other purposes, references to those records and
their locations may be used. Such information must include:
(1) Records of spills or other unusual
occurrences involving the spread of contamination in or around the facility,
the equipment of the facility or the site of the facility. The records may be
limited to instances when contamination remains after any cleanup procedures or
when there is a reasonable likelihood that contaminants may have spread to
inaccessible areas, including possible seepage into porous materials such as
concrete. The records must include any information known to the licensee on the
identification of nuclides, quantities, forms and concentrations
involved.
(2) Any available
drawings of structures and equipment of the facility, as originally built and
as modified, which are located in restricted areas where radioactive materials
are used or stored, and of locations of inaccessible areas to which
contaminants may spread, such as buried pipes which may be subject to
contamination. If drawings are not available, the licensee shall provide to the
Division other appropriate records of information concerning these
areas.
(3) Records of any
performance of an estimate of the costs of decommissioning for incorporation in
a plan for financing the decommissioning and any records of the method used for
assuring the availability of money for the costs of decommissioning the
facility.
5.
Each person licensed by the Division pursuant to NAC
459.180 to
459.950, inclusive, and sections
7 to 28, inclusive who uses a portable gauge shall, when the gauge is not under
the control and constant surveillance of the licensee, use :
(a) A minimum of two independent physical
controls that form tangible barriers to secure the portable gauge from
unauthorized removal; and
(b) A
source-locking mechanism to prevent accidental exposure to radiation.
6. Each person licensed by the
Division pursuant to NAC
459.180 to
459.950, inclusive, and sections
7 to 28, inclusive shall conduct a physical inventory every 6 months to account
for all sources of radiation received and possessed under his or her license.
The licensee must retain records of the physical inventory for 3 years after
the date of the inventory for inspection by the Division. The records of the
physical inventory must indicate, without limitation, the quantity and kind of
radioactive material, the location of each source of radiation, the model
number and the name of the manufacturer of each source of radiation and the
date of the inventory.
7. Each
person licensed by the Division pursuant to NAC
459.180 to
459.950, inclusive, and sections
7 to 28, inclusive who prepares technetium-99m radiopharmaceuticals from
molybdenum-99 and technetium-99m generators or who prepares rubidium-82 from
strontium-82 and rubidium-82 generators shall:
(a) Test the generator eluates for
molybdenum-99 breakthrough or contamination by strontium-82 and strontium-85,
respectively, pursuant to
10
C.F.R. §
35.204;
(b) Record the results of each test and
retain each record for at least 3 years after the record is made; and
(c) Report to the Division and to the
manufacturer of the generator the levels of molybdenum-99, strontium-82 and
strontium-85 that are above the permissible limits set forth in
10
C.F.R. §
35.204.
8. Each person licensed by the Division
pursuant to NAC
459.300 who is required to
appoint a radiation safety officer described in section 26 shall ensure that
the radiation safety officer:
(a) Has the
authority to terminate any activity relating to the license if such activity is
deemed necessary to protect health and minimize danger to the public health and
safety without consulting the management of the licensee; and
(b) Has sufficient time and commitment from
the management of the licensee to fulfill his or her duties and
responsibilities with regard to ensuring that radioactive materials are
possessed and used in a safe manner.
9. Each licensee authorized pursuant to NAC
459.236 to produce positron
emission tomography radioactive drugs for noncommercial distribution to medical
use licensees in its consortium shall:
(a)
Satisfy the labeling requirements in paragraph (d) of subsection 1 of NAC
459.300 for each positron
emission tomography radioactive drug, transport radiation shield and each
syringe, vial or other container used to hold the positron emission tomography
radioactive drug;
(b) Possess and
use instrumentation to measure the radioactivity of the positron emission
tomography radioactive drug and meet the procedures, radioactivity measurement,
instrument test, instrument check and instrument adjustment requirements
pursuant to subsection 3 of NAC
459.300;
(c) If the licensee is a pharmacy, ensure
that any person who prepares positron emission tomography radioactive drugs:
(1) Is an authorized nuclear pharmacist who
meets the requirements of paragraph (b) of subsection 2 of NAC
459.300; or
(2) Is under the supervision of an authorized
nuclear pharmacist pursuant to
10
C.F.R. §
35.27; and
(d) If the licensee is a pharmacy that allows
a person to work as an authorized nuclear pharmacist, it shall meet the
requirements of paragraph (d) of subsection 2 of NAC
459.300.
Any
authorization obtained pursuant to NAC
459.236 to produce positron
emission tomography radioactive drugs for noncommercial distribution to medical
use licensees in a consortium does not relieve the licensee from the
requirement to comply with any applicable regulations of the United States Food
and Drug Administration, or other federal and state laws or regulations
governing radioactive drugs.