Agency 28, Article 35 — RADIATION

Persons registered. Any per- son possessing a registrable item shall register with the department in accordance with the rules and regulations in this part. (Authorized by and implementing K.S.A. 1984 Supp. 48-1607; effec- tiveJan.1,1970;amendedMay1,1976;amended, T-85-43, Dec. 19…

Initial registration. Any per- son who is not registered and who acquires pos- session of a registrable item shall register with the department, within 30 days of the date of acquir- ing the item. (Authorized by and implementing K.S.A. 1984 Supp. 48-1607; effective Jan. 1, 1970; …

Renewal of registration. Each registrant who possesses a radiation-producing device shall reregister with the department annu- ally. This registration shall be submitted on or be- fore March 1 of each year. (Authorized by and im- plementing K.S.A. 48-1607; effective Jan. 1, 1970;…

Registration form. Registra- tion shall be made upon forms devised and fur- nished by the department. Each registrant shall provide all the information called for by the form and any additional information requested by the department. (Authorized by and implementing K.S.A. 1984 S…

Separate installations. Ex- cept as otherwise provided in K.A.R. 28-35-157, and any amendment to that rule and regulation, a separate registration form shall be completed for each installation. (Authorized by and implement- ing K.S.A. 1984 Supp. 48-1607; effective Jan. 1, 1970; a…

Special registration. If the re- porting of each installation, or other information called for, is impractical, the secretary, upon the written request of a person and upon a finding that the public health and safety would not be ad- versely affected, may approve registration in …

Report of change. If a change is made on any x-ray equipment or other device producing radiation, or to any installation, so that information on file with the department is no lon- ger accurate, the registrant shall notify the depart- ment, in writing, of the change, within 30 da…

Registration shall not imply approval. A person shall not refer, in any form of advertisement, to the fact a registrable item is registered with the department, or state or imply that any installation registered with the depart- ment is approved by the department. (Authorized by …

Vendor notification. (a) Each distributor, retailer, or other person who sells, leases, transfers, or lends any registrable item or items shall notify the department, at 90-day inter- vals, of the following: (1) The names and addresses of all persons who have received the item or…

Discontinuance of use. If a registrant ceases to use a registrable item or items, for any reason, the registrant or the duly autho- rized representative of the registrant’s estate shall give written notice to the department of the ces- sation of use. The notice shall be provided …

Exclusion from registration. The following equipment shall not be required to be registered: (a) Electronic equipment that pro- duces radiation incidental to its operation for other purposes, if the dose equivalent rate averaged over an area of 10 square centimeters does not exce…

Excluded possessors. (a) Ex- cept as provided in subsection (b), a common car- rier or contract carrier operating within this state who is in possession of a registrable item or items shall be exempt from the provisions of these regu- lations,ifthecarrierpossessestheregistrableit…

Temporary use or storage of registrable items. Any person desiring to bring a registrable item into this state for temporary use or storage shall give written notice to the depart- ment before bringing the item into this state. The notice shall be given to the department at least…

Disposal of registered items. Whenever any person disposes of a registrable item, or items, by any method, the person, or in the event of the person’s death, the representa- tive of the person’s estate, shall give written notice to the department of the disposal within 30 days. T…

Shoe fitting, fluoroscopic ma- chines; prohibition of. No person shall install, operate or maintain any device or machine with- in the state of Kansas which uses fluoroscopic, X-ray or radiation principles for the purpose of fitting shoes. (Authorized by and implementing K.S.A. 1…

Shielding plan for radiation- producing devices. (a) Before construction, the floor plan or plans, shielding specifications, and equipment arrangement of all new installations, or modifications of existing installations, utilizing ionizing radiation machines shall be submitted to…

Information on radiation shielding required for plan reviews. Each registrant shall submit the following information as specified in K.A.R. 28-35-167: (a)(1) Each plan showing, at a minimum, all of the following: (A) The normal location of the system’s radia- tion port; (B) the p…

Design requirements for an operator’s booth. (a) Space requirements. (1) Each operator shall be allotted adequate room to operate the unit effectively. (2) In determining whether the allotted space is adequate, any encumbrance by the control panel, overhang, cables, or other simi…

(Authorized by K.S.A. 1975 Supp. 48-1607; effective Jan. 1, 1970; amend- ed Jan. 1, 1972; amended May 1, 1976; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Persons licensed. (a) A li- censed person shall not manufacture, produce, re- ceive, use, possess, acquire, own, transfer, or dis- pose of radioactive material, except as authorized in a specific or general license issued pursuant to these regulations. Each manufacturer, producer…

(Authorized by K.S.A. 1975 Supp. 48-1607; effective Jan. 1, 1970; amended May 1, 1976; revoked, T-86-37, Dec. 11, 1985; re- voked May 1, 1986.)

Types of licenses. Licenses for radioactive materials shall be either of the fol- lowing types: 766 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-35-177 (a) Each general license shall be effective with- out the filing of an application with the depart- ment or the issuance of a licensi…

(Authorized by K.S.A. 48-1607; effective Jan. 1, 1970; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

General licenses; source material. (a) A general license is hereby issued authorizing commercial and industrial firms, re- search, educational, and medical institutions, and federal, state, and local government agencies to receive, possess, use, and transfer uranium and thorium, …

(Authorized by K.S.A. 1975 Supp. 48-1607; effective Jan. 1, 1970; amend- ed Jan. 1, 1972; amended May 1, 1976; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

General license; certain ionization devices. (a) Each commercial and in- dustrial firm, research, educational, and medical institution, individual in the conduct of the indi- vidual’s business, and federal, state, or local gov- ernment agency shall be deemed to have been is- sued…

General license; certain de- tecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere. (a)(1) Subject to the provisions of subsections (b) and (c), each commercial and industrial firm, research, educa- tional, and medica…

General license to install devices generally licensed in K.A.R. 28-35- 178b. Any person who holds a specific license issued by the U.S. nuclear regulatory commission or an agreement state authorizing the holder to manufacture, install, or service a device described in K.A.R. 28-3…

Luminous safety devices for use in aircraft. (a) A general license is here- by issued to acquire, possess, and use tritium or promethium-147 contained in luminous safety de- vices for use in aircraft if: (1) the device contains not more than 10 curies of tritium or 300 millicurie…

Americium-241 or radium- 226 in the form of calibration or reference sources. (a) A general license to acquire, possess, use and transfer, in accordance with the provi- sions of subsections (b) and (c), americium-241 or radium-226 in the form of calibration or reference sources i…

General license to own ra- dioactive material. A general license is hereby issued to own radioactive material without regard to quantity. However, a general licensee under this regulation is not authorized to manufacture, produce, transfer, receive, possess, use, import or export…

General license for stron- tium-90 in ice detection devices. (a) A general license is hereby issued to own, acquire, possess, use and transfer strontium-90 contained in ice de- tection devices if each device contains not more than 50 microcuries of strontium-90 and if each device…

General license for use of by-product material for certain in vitro clini- cal or laboratory testing. (a) A general license is hereby issued to any physician, veterinarian in the practice of veterinary medicine, clinical laborato- ry or hospital to acquire, possess, use and trans…

General licenses for certain units of radium-226. (a) Subject to the limita- tions in subsections (b), (c) and (d), a general li- cense is hereby issued to any person to acquire, possess, use, and transfer radium-226 contained in the following products if manufactured before the …

General license for use of ra- dioactive material for certain in vivo clinical or laboratory testing. (a) Except as provided in subsections (b) and (c), each person shall be ex- empt from the license requirements in part 3 and part 6 of these regulations if the person receives, p…

(Authorized by K.S.A. 48-1607; effective Jan. 1, 1970; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Application for specific li- cense; renewal or amendment. (a) Any person mayfileawrittenapplicationwiththesecretaryfor a specific license to acquire, possess, use, or trans- fer radioactive material. Each person shall file a written application with the secretary to renew or amen…

(Authorized by K.S.A. 48-1607; effective Jan. 1, 1970; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

General requirements for the issuance of specific licenses. Each appli- cation for a specific license shall be approved only if the application meets the requirements of these regulations. (a) Each applicant shall be required to be qual- ified by reason of training and experience…

Financial assurance for de- commissioning. (a) Each applicant for a specific license authorizing the possession and use of un- sealed radioactive material with a half-life greater than 120daysandinquantitiesexceeding105 times the applicable quantities specified in K.A.R. 28-35- 2…

(Authorized by K.S.A. 1975 Supp. 48-1607; effective Jan. 1, 1970; amend- ed Jan. 1, 1972; amended May 1, 1976; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Specific licenses for human use of radioactive material in medical insti- tutions. An application for a specific license for human use of radioactive material in institutions shall not be approved unless all of the following conditions are met: (a)Theapplicanthasappointedaradiati…

Specific licenses to individ- ual physicians for human use of radioactive material. (a) A specific license for the human use of radioactive materials outside of a medical insti- tution shall not be issued to an individual physi- cian unless: (1) The applicant has access to a hosp…

Specific license for human use of radioactive material in sealed sources. (a) A specific license for human use of radioactive materials in sealed sources shall not be issued un- less the applicant, or if the application is made by an institution, each individual user of the radio…

Specific licenses for one or more groups of medical uses. (a) Any institu- tion, person, or group of persons meeting the re- quirements of K.A.R. 28-35-181a or 28-35-181b may file a written application with the secretary foraspecificlicensetouseradioactivematerialfor any group or…

(Authorized by and imple- menting K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended Dec. 30, 2005; revoked March 18, 2011.)

Special licenses for the introduction of radioactive material into products in exempt concentrations. (a) An application for a specific license to introduce ra- 782 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-35-181g dioactive material into a product or material and to transfer the p…

Licensing for industrial ra- diography operations. (a) Each application for a specific license shall be considered for approv- al for the use of licensed material for industrial radiography only if the application contains the following: (1)Adescriptionofaprogramfortrainingradiog…

Specific licenses to manu- facture and distribute the devices specified in K.A.R. 28-35-178b. An application for a spe- cific license to manufacture and distribute one or more of the devices specified in K.A.R. 28-35- 178b shall not be approved unless the applicant meets the requ…

Special license to manufac- ture, distribute, assemble, or repair lumi- nous safety devices for use in aircraft. Each applicant for a specific license to manufacture, as- semble, or repair luminous safety devices contain- ing tritium or promethium-147, for use in aircraft, and to…