30-672

30-672. Licensing and registration of sources
of radiation; exemptions

A. The agency by rule shall provide for general or specific licensing of
by-product, source, special nuclear materials or devices or equipment utilizing such
materials. The rules shall provide for amendment, suspension or revocation of the
licenses. The agency shall require from the applicant satisfactory evidence that the
applicant is using methods and techniques which are demonstrated to be safe and that the
applicant is familiar with the rules adopted by the agency under section 30-654,
subsection B, paragraph 5 relative to uniform radiation standards, total occupational
radiation exposure norms, labels, signs and symbols, storage, waste disposal and shipment
of radioactive materials. The agency may require that before the agency issues a license
the employees or other personnel of an applicant who may deal with sources of radiation
receive a course of instruction approved by the agency concerning agency rules. The
agency shall require that the applicant's proposed equipment and facilities be adequate
to protect health and safety and that his proposed administrative controls over the use
of the sources of radiation requested be adequate to protect health and safety.

B. The agency may require registration or licensing of other sources of radiation
if it has been determined necessary to protect public health or safety.

C. The agency may exempt certain sources of radiation or kinds of uses or users
from the licensing or registration requirements set forth in this section when it finds
that the exemption of such sources of radiation or kinds of uses or users will not
constitute a significant risk to the health and safety of the public.

D. The agency shall not require persons licensed in this state to practice as a
dentist, chiropodist or veterinarian or licensed in this state to practice medicine,
surgery, osteopathy, chiropractic or naturopathy to obtain any other license for the use
of an X-ray machine, but these persons are governed by their own licensing acts.

E. Persons licensed by the federal communications commission with respect to the
activities for which they are licensed by that commission are exempted from this chapter.

F. Rules adopted pursuant to this chapter may provide for recognition of other
state or federal licenses as the agency deems desirable, subject to such registration
requirements as the agency prescribes.

G. Any licenses issued by the agency shall state the nature, use and extent of use
of the source of radiation. If at any time subsequent to the issuance of a license, the
licensee desires any change in the nature, use or extent, the licensee shall seek an
amendment or a new license under this section.

H. The agency shall prescribe by rule requirements for financial security as a
condition for licensure under this article. The agency shall deposit all amounts posted,
paid or forfeited as financial security into the radiation regulatory and perpetual care
fund under section 30-694.

I. Persons applying for licensure shall provide notice to the city or town where
the applicant proposes to operate as part of the application process.

J. Any facility which provides diagnostic or screening mammography examinations by
or under the direction of a person exempted from further licensure under subsection D of
this section shall obtain certification by the agency. The agency shall prescribe by
rule the requirements of certification in order to assure the accuracy and safety of
diagnostic and screening mammography.