Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007 Page: 3,139
3077-3422 p. ; 28 cm.View a full description of this periodical.
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accordance with this section. A person who receives, possesses, uses,
transfers, owns, or acquires radioactive material prior to receiving a
license is subject to the requirements of this chapter.
(b) Scope.
(1) In addition to the requirements of this section, all li-
censees, unless otherwise specified, are subject to the requirements of
289.201 of this title (relating to General Provisions for Radioactive
Material), 289.202 of this title (relating to Standards for Protection
Against Radiation from Radioactive Materials), 289.203 of this title
(relating to Notices, Instructions, and Reports to Workers; Inspections),
289.204 of this title (relating to Fees for Certificates of Registration,
Radioactive Material Licenses, Emergency Planning and Implementa-
tion, and Other Regulatory Services), 289.205 of this title (relating to
Hearing and Enforcement Procedures), 289.252 of this title (relating
to Licensing of Radioactive Material), and 289.257 of this title (relat-
ing 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
shall comply with the requirements of this section except for subsec-
tions (d), (dd) and (uuu) of this section.
(c) Definitions. The following words and terms when used in
this section shall have the following meaning unless the context clearly
indicates otherwise.
(1) Address of use--The building or buildings that are iden-
tified on the license and where radioactive material may be prepared,
received, used, or stored.
(2) Area of use--A portion of an address of use that has
been set aside for the purpose of preparing, receiving, using, or storing
radioactive material.
(3) Authorized medical physicist--An individual who
meets the following:
(A) the requirements in subsections (j) and (m) of this
section; or
(B) is identified as an authorized medical physicist or
teletherapy physicist on one of the following:
(i) a specific medical use license issued by the
agency, the United States Nuclear Regulatory Commission (NRC), an
agreement state, or licensing state;
(ii) a medical use permit issued by an NRC master
material licensee;
(iii) a permit issued by an NRC, agreement state, or
licensing state broad scope medical use licensee; or
(iv) a permit issued by an NRC master material li-
cense broad scope medical use permittee; and
(C) holds a current Texas license under the Medical
Physics Practice Act, Texas Occupations Code, Chapter 602, in ther-
apeutic radiological physics for uses in subsections (rr) and (ddd) of
this section.
(4) Authorized nuclear pharmacist--A pharmacist who
meets the following:
(A) the requirements in subsections (k) and (m) of this
section or;
(B) is identified as an authorized nuclear pharmacist on
one of the following;(i) a specific license issued by the agency, the NRC,
an agreement state, or licensing state that authorizes medical use or the
practice of nuclear pharmacy;
(ii) a permit issued by an NRC master material li-
censee that authorizes medical use or the practice of nuclear pharmacy;
(iii) a permit issued by the agency, the NRC, an
agreement state, or licensing state licensee with broad scope authoriza-
tion that authorizes medical use or the practice of nuclear pharmacy; or
(iv) a permit issued by an NRC master material li-
cense broad scope medical use permittee that authorizes medical use
or the practice of nuclear pharmacy;
(C) is identified as an authorized nuclear pharmacist by
a commercial nuclear pharmacy that has been authorized to identify
authorized nuclear pharmacists; or
(D) is designated as an authorized nuclear pharmacist
in accordance with 289.252(r) of this title; and
(E) holds a current Texas license under the Texas
Pharmacy Act, Chapters 551-566 and 568-569, Occupations Code, as
amended, and who is certified as an authorized nuclear pharmacist by
the Texas State Board of Pharmacy.
(5) Authorized user--An authorized user is defined as fol-
lows:
(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 Podi-
atric Medicine who:
(i) meets the requirements in subsections (m),
(gg)(1), (jj)(1), (nn)(1), (oo)(1), (pp)(1), (zz)(1), (ccc)(1) or (ttt)(1) of
this section; or
(ii) is identified as an authorized user on any of the
following:
(I) an agency, NRC, agreement state, or licensing
state license that authorizes the medical use of radioactive material;
(II) a permit issued by an NRC master material
licensee that is authorized to permit the medical use of radioactive ma-
terial;
(III) a permit issued by a specific licensee with
broad scope authorization issued by the agency, the NRC, an agree-
ment state, or licensing state authorizing the medical use of radioactive
material; or
(IV) a permit issued by an NRC master material
licensee with broad scope authorization that is authorized to permit the
medical use of radioactive material.
(B) for veterinary use, an individual who is, a veterinar-
ian 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 in accordance with subsec-
tions (gg), (ij), (oo), (pp) and (ttt) of this section as applicable; or
(iii) is identified as an authorized user on any of the
following:
(I) an agency, NRC, agreement state, or licensing
state license that authorizes the veterinary use of radioactive material;PROPOSED RULES June 8, 2007 32 TexReg 3139
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Texas. Secretary of State. Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007, periodical, June 8, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97400/m1/62/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.