CHAPTER 35. RADIATION: RADIATION CONTROL
IC 16-41-35
Chapter 35. Radiation: Radiation Control
IC 16-41-35-1
Public policy
Sec. 1. Whereas radiation may improve the health, welfare, andproductivity of the public if properly utilized but may impair thehealth of the public and the industrial and agricultural potentials ofIndiana if improperly utilized, it is declared to be the public policyof Indiana to encourage the constructive uses of radiation and tocontrol harmful effects of radiation.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-2
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-3
Atomic energy
Sec. 3. As used in this chapter, "atomic energy" means all formsof energy released in the course of nuclear fission or nucleartransformation.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-4
Byproduct material
Sec. 4. As used in this chapter, "byproduct material" means anyradioactive material, except special nuclear materials, yielded in ormade radioactive by exposure to the radiation incident to the processof producing or utilizing special nuclear materials.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-5
Electronic products
Sec. 5. As used in the chapter, "electronic products" means amanufactured product or device or a component part of a product ordevice that has an electronic circuit that can generate or emit aphysical field of radiation.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-6
General license
Sec. 6. As used in this chapter, "general license" means a licenseeffective under rules promulgated by the state department withoutfiling an application to transfer, acquire, own, possess, or usequantities of or devices or equipment utilizing byproduct, source,special nuclear materials, or other radioactive material occurringnaturally or produced artificially.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-7
Production facility
Sec. 7. As used in this chapter, "production facility" means:
(1) any equipment or device capable of producing specialnuclear material in a quantity significant to the common defenseand security or in a manner that affects the health and safety ofthe public; or
(2) any important component part especially designed for thatequipment or device.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-8
Radiation
Sec. 8. As used in this chapter, "radiation" means the following:
(1) Ionizing radiation, including gamma rays, x-rays, alphaparticles, beta particles, and other atomic or nuclear particles orrays.
(2) Electromagnetic radiation generated during the operation ofelectronic products.
(3) Sonic, ultrasonic, or infrasonic waves that are emitted froman electronic product as a result of the operation of anelectronic circuit in that product that may produce a hazard tohealth.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-9
Radiation machine
Sec. 9. As used in this chapter, "radiation machine" is anyequipment or device that produces ionizing radiation when theassociated control devices are operated.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-10
Radioactive material
Sec. 10. As used in this chapter, "radioactive material" is anysolid, liquid, or gas material that emits radiation spontaneously.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-11
Source material
Sec. 11. As used in this chapter, "source material" means:
(1) uranium, thorium, or any other material that the statedepartment declares to be source material after the UnitedStates Nuclear Regulatory Commission has determined thematerial to be source material; or
(2) ores containing at least one (1) of the materials described insubdivision (1) in the concentration that the state departmentdeclares to be source material after the United States NuclearRegulatory Commission has determined the material in thatconcentration to be source material.As added by P.L.2-1993, SEC.24. Amended by P.L.144-1996, SEC.9.
IC 16-41-35-12
Special nuclear material
Sec. 12. As used in this chapter, "special nuclear material" means:
(1) plutonium, uranium enriched in the isotope 233 or in theisotope 235, and any other material that the state departmentdeclares to be special nuclear material after the United StatesNuclear Regulatory Commission has determined the material tobe special nuclear material; or
(2) any material artificially enriched by any of the materialdescribed in subdivision (1).
As added by P.L.2-1993, SEC.24. Amended by P.L.144-1996,SEC.10.
IC 16-41-35-13
Specific license
Sec. 13. As used in this chapter, "specific license" means a licenseissued after application to use, manufacture, produce, transfer,receive, acquire, own, or possess quantities of or devices orequipment utilizing byproduct, source, special nuclear materials, orother radioactive material occurring naturally or producedartificially.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-14
Unnecessary radiation
Sec. 14. As used in this chapter, "unnecessary radiation" meansthe use of radiation in a manner that is injurious or dangerous tohealth, life, or property.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-15
Utilization facility
Sec. 15. As used in this chapter, "utilization facility" means:
(1) any equipment or device, except an atomic weapon, capableof making use of special nuclear materials in a quantitysignificant to the common defense and security, or in a mannerthat affects the health and safety of the public, or peculiarlyadapted for making use of atomic energy in a quantitysignificant to the common defense and security, or in a mannerthat affects the health and safety of the public; or
(2) any important component part especially designed for suchequipment or device.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-16
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-17
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-18
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-19
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-20
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-21
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-22
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-23
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-24
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-41-35-25
Inspections and investigations; assistance
Sec. 25. The state department or the state department's agent mayenter at all reasonable times any private or public property for thepurpose of inspecting and investigating conditions relating toradiation control. The state department may call upon any stateofficer, employee, board, department, school, university, or otherstate institution to receive any assistance considered necessary tocarry out this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-26
Licenses; registration
Sec. 26. (a) The state department shall issue general or specificlicenses for at least one (1) of the following:
(1) Byproduct material.
(2) Source material.
(3) Special nuclear material. (4) Other radioactive materials occurring naturally or producedartificially.
(5) Devices or equipment utilizing this material.
(b) A license shall be issued only when the state department findsthat the items described under subsection (a) may produce radiationsufficient to result in hazard or injury to health, life, or property.
(c) The state department shall adopt rules under this chapterproviding for granting, suspending, revoking, or amending licenses.No licensing of materials, devices, or equipment now under thejurisdiction of the United States Nuclear Regulatory Commissionshall be made effective before the effective date of an agreement thatdiscontinues the federal government's regulation of sources ofradiation involved, as provided in section 27(c) of this chapter.
(d) A person who is not required to have a general or specificlicense may not produce radiation or produce, use, store, sell, orotherwise dispose of radioactive materials, radiation machines, orelectronic products, unless the person registers in writing with thestate department, giving the pertinent information the statedepartment requires, in accordance with the procedures prescribedby the state department.
As added by P.L.2-1993, SEC.24. Amended by P.L.144-1996,SEC.11.
IC 16-41-35-27
Registration and license expiration; fees
Sec. 27. (a) A registration under section 26(d) of this chapter iseffective until there is a change that may significantly increase thenumber of sources, source strength, or output of energy of radiationproduced. A registration that includes at least one (1) source thatsubsequently requires licensing under section 26(a) of this chapterexpires with respect to that particular source upon the effective dateof the license. If a change occurs, the change shall be registered withthe state department within thirty (30) days as an amendment to theoriginal registration, unless exempted under rules adopted under thischapter.
(b) The state department shall specify the expiration date for alicense in the license.
(c) The governor may, on behalf of the state, enter into anagreement with the federal government providing for discontinuanceof certain of the federal government's responsibilities with respect tosources of radiation and the assumption of those responsibilities bythe state.
(d) A person who, on the effective date of an agreement undersubsection (c), possesses a license issued by the federal governmentis considered to possess an equivalent license issued under thischapter that expires:
(1) ninety (90) days after receipt from the state department ofa notice of expiration of the license; or
(2) on the date of expiration specified in the federal license;
whichever is earlier. (e) The term of a license issued under this section by the statedepartment is twenty-four (24) months.
(f) The license fee for a new or renewal license is two hundredfifty dollars ($250).
As added by P.L.2-1993, SEC.24.
IC 16-41-35-28
Production, transportation, use, and disposition rules
Sec. 28. (a) The state department shall adopt rules under IC 4-22-2concerning the production, transportation, use, storage, sale, or otherdisposition of radioactive material, radiation machines, or electronicproducts to do the following:
(1) Prohibit and prevent unnecessary radiation.
(2) Carry out this chapter.
(b) Standards relative to unnecessary radiation included in therules must be in general conformance with the recommendations ofthe National Council on Radiation Protection and Measurements andperformance standards promulgated by appropriate federal agencies.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-29
Radiation machines; operation; licenses; inspection; penalty
Sec. 29. (a) The state department shall adopt rules under IC 4-22-2to regulate who may operate a radiation machine and what level oftraining and experience the operator must have. Rules adopted by thestate department must exempt from testing to establish initialqualifications an individual who:
(1) holds a valid certificate issued by; and
(2) is currently registered with;
the American Registry of Radiologic Technologists.
(b) The state department may by rule exempt an individual who:
(1) is currently licensed in another state as a radiologictechnologist; or
(2) performs the function of a radiologic technologist in anotherstate that does not require the licensure of a radiologictechnologist;
from testing to establish initial qualifications.
(c) The state department shall issue a license to an individualmeeting the requirements of the rules adopted under subsection (a)for a radiologic technologist upon the payment to the statedepartment of a sixty dollar ($60) fee and the cost of testing toestablish initial qualifications. The license is valid for twenty-four(24) months. The state department shall establish a fee for therenewal or duplication of a license issued under this section not toexceed sixty dollars ($60). In addition to the renewal fee, a penaltyfee of sixty dollars ($60) shall be imposed by the state department forprocessing an application for license renewal received after theexpiration of the previous license. The state department may waivethe penalty fee for a showing of good cause.
(d) An individual who applies for a license issued under
subsection (c) or who holds a license issued under subsection (c)shall provide the individual's Social Security number to the statedepartment.
(e) The state department shall collect and release the applicant'sor licensee's Social Security number as provided in state or federallaw.
(f) Notwithstanding IC 4-1-10-3, the state department may allowaccess to the Social Security number of each person who is licensedunder this section or has applied for a license under this section to:
(1) a testing service that provides the examination for licensureas a radiologic technologist to the state department; or
(2) an individual state regulatory board of radiologic technologyor an organization composed of state regulatory boards ofradiologic technology for the purpose of coordinating licensureand disciplinary activities among the individual states.
(g) Every owner of a radiation machine, including an industrialradiation machine, shall have the machine inspected in accordancewith procedures and standards established by the state department.The state department shall adopt rules under IC 4-22-2 establishingthe procedures and standards applicable to inspections of radiationmachines.
As added by P.L.2-1993, SEC.24. Amended by P.L.104-2003, SEC.6;P.L.168-2003, SEC.3; P.L.157-2006, SEC.5.
IC 16-41-35-30
Mammography rules
Sec. 30. The state department shall adopt rules under IC 4-22-2concerning screening mammographies.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-1994, SEC.11.
IC 16-41-35-31
Design and shielding plans and specifications
Sec. 31. The state department may require the submission of plansand specifications on the design and shielding for radiation sourcesfor the purpose of determining possible radiation hazards.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-32
Radiation hazard and protection knowledge acquisition anddissemination
Sec. 32. The state department shall provide facilities andpersonnel for inspection, investigation, and dissemination ofknowledge concerning radiation hazards and protection.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-33
Application of chapter
Sec. 33. A person may not produce radiation or produce, use,store, sell, or otherwise dispose of radioactive materials, radiationmachines, or electronic products, except in accordance with this
chapter and rules adopted under this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-34
Footwear fitting devices using radiation prohibited
Sec. 34. A person may not operate or maintain in Indiana a fittingdevice or machine that uses fluoroscopic, x-ray, or radiationprinciples for the purpose of fitting or selling footwear throughcommercial outlets.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-35
Authorized exposure to radiation
Sec. 35. This chapter does not limit intentional exposure ofpersons to radiation for the purpose of diagnosis, therapy, andmedical or dental research as authorized by law.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-36
Cooperation of state health department with other entities;acceptance and administration of funds
Sec. 36. The state department shall advise, consult, and cooperatewith other state agencies, the federal government, other states,interstate agencies, and affected groups, political subdivisions, andindustries in furtherance of the purposes of this chapter. The statedepartment may accept and administer grants or other funds or giftsfrom the federal government and from other sources, public orprivate, for carrying out functions under this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-37
Approval of local ordinances and resolutions
Sec. 37. An ordinance or a resolution concerning unnecessaryradiation adopted by a municipality, county, or local board of healthis not effective until a certified copy of the ordinance or a resolutionhas been submitted to the state department and approved by the statehealth commissioner. An ordinance or a resolution may not beapproved unless the ordinance or resolution is consistent with thischapter or a rule adopted under this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-38
Application of laws
Sec. 38. The powers, duties, and functions of the state departmentunder this chapter do not affect the powers, duties, and functions ofthe state department or the water pollution control board under anyother law.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-39 Transportation of nuclear waste
Sec. 39. (a) Upon receiving advance notification, under 10 CFR71.5a and 71.5b, of the transport of any nuclear waste to, through, oracross the boundary of Indiana:
(1) the governor; or
(2) the governor's designee for the transport of nuclear waste;
shall provide to the sheriff of each county through which the nuclearwaste is to be transported the notification required by subsection (b).
(b) The notification provided to each sheriff must include thefollowing information from the notification given to the governor orthe governor's designee if the information has been made availableto the governor or the governor's designee:
(1) The name, address, and telephone number of the shipper,carrier, and receiver of the nuclear waste shipment.
(2) A description of the nuclear waste contained in theshipment.
(3) The point of origin of the shipment and the seven (7) dayperiod during which departure of the shipment is estimated tooccur.
(4) The seven (7) day period during which arrival of theshipment at state boundaries is estimated to occur.
(5) The destination of the shipment and the seven (7) day periodduring which arrival of the shipment is estimated to occur.
(6) A point of contact with a telephone number for currentshipment information.
(7) Information regarding necessary safety steps to be taken ifan accident occurs during shipment of the nuclear waste.
(c) The notification prescribed by subsection (b) must be given inwriting delivered by first class mail or by a faster means of deliveryto the sheriff of each county through which the shipment of nuclearwaste is to pass within twenty-four (24) hours after the governor orthe governor's designee receives advance notification of the shipmentunder 10 CFR 71.5a and 71.5b.
(d) If the governor or the governor's designee is notified under 10CFR 71.5a and 71.5b that the schedule for a shipment of nuclearwaste will not be met or that a shipment of nuclear waste has beencanceled, the governor or the governor's designee shall notify eachsheriff previously notified about the shipment as to the delay orcancellation. The notification given by the governor or the governor'sdesignee under this subsection must be provided under the samerequirements prescribed in subsection (c) for the initial notificationof sheriffs.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-40
Violations
Sec. 40. A person who:
(1) produces radiation; or
(2) produces, uses, stores, sells, or otherwise disposes ofradioactive materials, radiation machines, or electronic
products;
in violation of this chapter commits a Class B misdemeanor. Eachday a violation continues, after notification in writing of the offenseby the state department, constitutes a separate offense.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-41
Enforcement
Sec. 41. The state department may bring an action at law or inequity to enforce this chapter, and the court in the action hasjurisdiction to compel or enforce this chapter by injunction. Theaction shall be brought in the name of the state.
As added by P.L.2-1993, SEC.24.
IC 16-41-35-42
Civil penalties and orders of compliance
Sec. 42. (a) In addition to other penalties provided under thischapter, the state department shall adopt rules under IC 4-22-2 thatestablish a schedule of civil penalties that may be levied upon aperson for the violation of this chapter.
(b) A penalty included in the schedule of civil penalties adoptedunder this chapter may not exceed one thousand dollars ($1,000) foreach violation per day.
(c) The state department may issue an order of compliance,impose a civil penalty included in the schedule of civil penaltiesadopted under subsection (a), or both, against a person who:
(1) fails to comply with this section or a rule adopted under thissection; or
(2) interferes with or obstructs the state department or thedepartment's designated agent in the performance of dutiesunder this section.
(d) An order of compliance may be issued under IC 4-21.5-3-6,IC 4-21.5-3-8, or IC 4-21.5-4. A civil penalty may be imposed onlyin a proceeding under IC 4-21.5-3-8.
(e) A proceeding commenced to impose a civil penalty may beconsolidated with any other proceeding commenced to enforce thischapter or a rule adopted under this chapter.
As added by P.L.2-1993, SEC.24.