2a003 28-department of health and environment article 35 ...28-35-135a...

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and equipment. Contract documents shall be sub-mitted to the licensing department, if requested.The architect shall certify that contract documentsand final plans are in compliance with subsections(a) and (b) of this regulation.

(d) Access. Representatives of the licensing de-partment shall, at all reasonable times, have accessto work in preparation or progress, and the con-tractor shall provide proper facilities for this ac-cess and inspection. A complete set of plans andspecifications shall be available on the job site foruse by licensing department personnel. (Author-ized by and implementing K.S.A. 65-431; effectiveMay 1, 1986; amended, T-87-51, Dec. 19, 1986;amended May 1, 1987; amended Dec. 29, 1995;amended April 20, 2001.)

28-34-63 to 28-34-74. Reserved.

PART 3.—RECUPERATION CENTERS

28-34-75. (Authorized by K.S.A. 1973Supp. 65-431; effective Jan. 1, 1974; revokedMarch 23, 2001.)

28-34-76. (Authorized by K.S.A. 1979Supp. 65-428, 65-429, 65-431; effective Jan. 1,1974; amended May 1, 1980; revoked March 23,2001.)

28-34-77 through 28-34-93. (Author-ized by K.S.A. 1973 Supp. 65-431; effective Jan.1, 1974; revoked March 23, 2001.)

28-34-94. (Authorized by K.S.A. 1979Supp. 65-431; effective Jan. 1, 1974; amended, E-80-8, June 12, 1979; amended May 1, 1980; re-voked, T-87-51, Dec. 19, 1986; revoked May 1,1987.)

PART 4.—CONSTRUCTION STANDARDS

28-34-94a. (Authorized by and imple-menting K.S.A. 65-431; effective, T-87-51, Dec.19, 1986; effective May 1, 1987; revoked March23, 2001.)

28-34-95 to 28-34-124. Reserved.

28-34-125. (Authorized by and imple-menting K.S.A. 65-431; effective May 1, 1987; re-voked June 28, 1993.)

Article 35.—RADIATION

28-35-1 to 28-35-28. Reserved.

28-35-29 to 28-35-31. (Authorized by

K.S.A. 48-1607; effective Jan. 1, 1966; revokedJan. 1, 1970.)

28-35-32. (Authorized by K.S.A. 48-1607;effective Jan. 1, 1966; amended Jan. 1, 1967; re-voked Jan. 1, 1970.)

28-35-33 to 28-35-38. (Authorized byK.S.A. 48-1607; effective Jan. 1, 1966; revokedJan. 1, 1970.)

28-35-39. (Authorized by K.S.A. 48-1607,48-1611; effective Jan. 1, 1966; revoked Jan. 1,1970.)



28-35-55. (Authorized by K.S.A. 48-1607;effective Jan. 1, 1966; revoked Jan. 1, 1970.)



28-35-58 and 28-35-59. (Authorized byK.S.A. 48-1607; effective Jan. 1, 1966; amendedJan. 1, 1967; revoked Jan. 1, 1970.)




28-35-73 and 28-35-74. (Authorized byK.S.A. 48-1607; effective Jan. 1, 1966; amendedJan. 1, 1967; revoked Jan. 1, 1970.)



28-35-83 to 28-35-93. (Authorized by

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K.S.A. 48-1607; effective Jan. 1, 1966; revokedJan. 1, 1970.)




28-35-100 to 28-35-115. (Authorizedby K.S.A. 48-1607; effective Jan. 1, 1966; revokedJan. 1, 1970.)



28-35-118 and 28-35-119. (Authorizedby K.S.A. 48-1607; effective Jan. 1, 1966;amended Jan. 1, 1967; revoked Jan. 1, 1970.)

28-35-120 and 28-35-121. (Authorizedby K.S.A. 48-1607; effective Jan. 1, 1966; revokedJan. 1, 1970.)




28-35-125 to 28-35-129. (Authorizedby K.S.A. 48-1607; effective Jan. 1, 1966; revokedJan. 1, 1970.)



28-35-132. Reserved.

PART 1.—DEFINITIONS

28-35-133. Persons protected. Theseregulations state the requirements that shall be

applied in the use of all radiation, radiation ma-chines, and radioactive materials to ensure themaximum protection of the public health and themaximum safety to all persons at, or in the vicinityof, the place of use, storage, or disposal of sourcesof radiation. These regulations are intended to beconsistent with the best use of radiation machinesand radioactive materials, and to encourage theconstructive uses of radiation. (Authorized by andimplementing K.S.A. 1984 Supp. 48-1607; effec-tive Jan. 1, 1970; amended May 1, 1976; amended,T-85-43, Dec. 19, 1984; amended May 1, 1985.)

28-35-134. Persons regulated and ex-empted.Except as otherwise specified, these reg-ulations shall apply to all persons who receive,possess, use, transfer, own or acquire any sourceof radiation. However, nothing in these regula-tions shall apply to any person to the extent thatthe person is subject to regulation by the UnitedStates nuclear regulatory commission. Regulationby the secretary of source material, by-productmaterial, and special nuclear material in quantitiesnot sufficient to form a critical mass is subject tothe provisions of the agreement between the de-partment and the U.S. nuclear regulatory com-mission and to part 150 of the commission’s reg-ulations (10 CFR Part 150), as in effect on January29, 1982. The provisions of part 4 of these regu-lations shall not limit the exposure of patients toradiation for the purpose of diagnosis or therapy,by persons licensed to practice one or more of thehealing arts within the authority granted to themby the Kansas healing arts statutes, or by personslicensed to practice dentistry or podiatry withinthe authority granted to them by Kansas licensinglaws applying to dentists and podiatrists. (Author-ized by and implementing K.S.A. 1984 Supp. 48-1607; effective Jan. 1, 1970; amended May 1,1976; amended, T-85-43, Dec. 19, 1984; amendedMay 1, 1985.)

28-35-135. (Authorized by K.S.A. 1992Supp. 48-1607; implementing K.S.A. 1993 Supp.48-1603, 48-1607; effective Jan. 1, 1970; amendedMay 1, 1976; amended, T-85-43, Dec. 19, 1984;amended May 1, 1985; amended Sept. 20, 1993;amended Oct. 17, 1994; revoked Dec. 30, 2005.)

28-35-135a. Definitions.As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘A1’’means the maximum activity of special form ra-dioactive material permitted in a type A package.

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(b) ‘‘A2’’ means the maximum activity of radi-oactive material, other than special form radio-active material, permitted in a type A package.These values either are listed in table I in K.A.R.28-35-221b or may be derived in accordance withthe procedure specified in K.A.R. 28-35-221b ofthese regulations.

(c) ‘‘Absorbed dose’’ means the energy im-parted to matter by ionizing radiation per unitmass of irradiated material at the place of interest.The units of absorbed dose are the rad and thegray (Gy).

(d) ‘‘Absorbed dose rate’’ means the absorbeddose per unit of time or, for linear accelerators,the dose monitor unit per unit of time.

(e) ‘‘Accelerator-produced material’’ meansany material made radioactive by exposing it in aparticle accelerator.

(f) ‘‘Accessible surface’’ means the surface ofequipment or of an equipment part that can beeasily or accidentally touched by persons withoutthe use of a tool.

(g) ‘‘Accident’’ means an unintended event, in-cluding an operating error, equipment failure, andother mishap, that could result in either of thefollowing:

(1) A dose in excess of regulatory limits on siteor for the public; or

(2) consequences or potential consequencesthat cannot be ignored from the point of view ofprotection or safety, including an actual or poten-tial substantial degradation of the level of protec-tion or safety of the facility or the release of ra-dioactive material in sufficient quantity to warrantconsideration of protective actions.

(h) ‘‘Act’’ means the ‘‘nuclear energy develop-ment and radiation control act,’’ K.S.A. 48-1601et seq., and amendments thereto.

(i) ‘‘Activity’’ means the rate of disintegration,transformation, or decay of radioactive material.Activity is expressed in the SI unit of becquerel(Bq) or in the special unit of curie (Ci), or themultiples of either unit, or disintegrations ortransformations per unit of time as follows:

(1) One becquerel (Bq) equals one disintegra-tion or transformation per second (dps or tps); and

(2) one curie (Ci) equals 3.7E+10 disintegra-tions or transformations per second (dps or tps).One curie also equals 3.7E+10 becquerels (Bq).

(j) ‘‘Added filter’’ means the filter added to theinherent filtration.

(k) ‘‘Address of use’’ means the building orbuildings that are identified on the license and

each location where radioactive material could beproduced, prepared, received, used, or stored.

(l) ‘‘Adult’’ means an individual who is 18 ormore years of age.

(m) ‘‘Agreement state’’ means any state withwhich the United States nuclear regulatory com-mission enters, or has entered, into an effectiveagreement pursuant to 42 U.S.C.§ 2021, as in ef-fect on January 4, 1995.

(n) ‘‘Airborne radioactive area’’ means thefollowing:

(1) Any room, enclosure, or operating area inwhich airborne radioactive material exists in con-centrations in excess of the derived air concentra-tions (DAC) specified in ‘‘appendices to part 4:standards for protection against radiation,’’ effec-tive April 1994, published by the department andhereby adopted by reference; or

(2) any room, enclosure, or operating area inwhich airborne radioactive material exists in con-centrations such that an individual present in thearea without respiratory protective equipmentcould exceed, during the hours an individual ispresent in a week, an intake of 0.6 percent of theALI or 12 DAC-hours.

(o) ‘‘Airborne radioactive material’’ means anyradioactive material dispersed in the air in theform of dust, fumes, mists, vapors, or gases.

(p) ‘‘Air kerma (K)’’ means the kinetic energyreleased in air by ionizing radiation. Kerma is de-termined by dividing dE by dM, where dE is thesum of the initial kinetic energies of all thecharged ionizing particles liberated by unchargedionizing particles in air of mass dM. The SI unitof air kerma is joule per kilogram, and the specialname for the unit of kerma is the gray (Gy).

(q) ‘‘Alert’’ means a period during which oneof the following could lead to a release of radio-active material that is not expected to require aresponse by off-site response organizations to pro-tect persons off-site:

(1) Conditions have arisen that could cause anevent.

(2) An event is in progress.(3) An event has occurred.(r) ‘‘Aluminum equivalent’’ means the thick-

ness of type 1100 aluminum alloy that affords thesame attenuation, under specified conditions, asthat of the material in question. The nominalchemical composition of type 1100 aluminum al-loy is a minimum of 99.00 percent aluminum and0.12 percent copper.

(s) ‘‘Amendment’’ means any change to a li-

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cense or registration issued under theseregulations.

(t) ‘‘Analytical X-ray system’’ means a group oflocal and remote components utilizing X-rays todetermine the elemental composition or to ex-amine the microstructure of materials.

(1) Local components shall include those com-ponents that are struck by X-rays, including radi-ation source housings, port and shutter assem-blies, collimators, sample holders, cameras,goniometers, detectors, and shielding.

(2) Remote components may include powersupplies, transformers, amplifiers, readout de-vices, and control panels.

(u) ‘‘Annual limit on intake (ALI)’’ means thederived limit for the amount of radioactive ma-terial taken into the body of an adult worker byinhalation or ingestion in a year. ALI is the smallervalue of intake of a given radionuclide in a yearby the reference man that would result in a com-mitted effective dose equivalent of 5 rem (0.05 Sv)or a committed dose equivalent of 50 rem (0.5 Sv)to any individual organ or tissue. ALI values forintake by ingestion and by inhalation of selectedradionuclides are specified in appendix B, table I,published in ‘‘appendices to part 4: standards forprotection against radiation,’’ which is adopted byreference in this regulation.

(v) ‘‘Annual refresher safety training’’ means areview conducted or provided by the licensee orregistrant for its employees on radiation safety as-pects of industrial radiography. The review shallinclude, at a minimum, any results of internal in-spections, new procedures or equipment, new orrevised regulations, and accidents or errors thathave been observed. The review shall also provideopportunities for employees to ask safetyquestions.

(w) ‘‘ANSI’’ means the American national stan-dards institute.

(x) ‘‘Applicator’’ means a structure that deter-mines the extent of the treatment field at a givendistance from the virtual source.

(y) ‘‘Area of use’’ means a portion of a physicalstructure that has been set aside for the purposeof producing, preparing, receiving, using, or stor-ing radioactive material.

(z) ‘‘As low as is reasonably achievable(ALARA),’’ when used to describe exposures toradiation workers, means that every reasonable ef-fort has been made to maintain exposures to ra-diation workers as far below the dose limits spec-ified in these regulations as is practical, consistent

with the purpose for which the licensed or regis-tered activity is undertaken, taking the followinginto account:

(1) The state of technology;(2) the economics of improvements in relation

to the state of technology;(3) the economics of improvements in relation

to benefits to public health and safety and to othersocietal and socioeconomic considerations; and

(4) the economics of improvements in relationto the utilization of nuclear energy and licensedor registered sources of radiation in the publicinterest.

(aa) ‘‘Assembler’’ means any person engaged inthe business of assembling, replacing, or installingone or more components into an X-ray system orsubsystem. The term shall include the owner ofan X-ray system or any employee or agent of theowner who assembles components into an X-raysystem that is subsequently used to provide pro-fessional or commercial services.

(bb) ‘‘Associated equipment’’ means equip-ment that is used in conjunction with a radio-graphic exposure device that makes radiographicexposures and that drives, guides, or comes incontact with the source.

(cc) ‘‘Attenuation block’’ means a block orstack, with dimensions of 20 cm by 20 cm by 3.8cm, made of type 1100 aluminum alloy or othermaterials having equivalent attenuation.

(dd) ‘‘Authorized user’’ means an individualwho is identified as an authorized user on a licenseissued by the department for the use of radioac-tive material or an individual who is designated bya registered facility as a user of X-ray machines oraccelerators. This term shall not apply to part 6 ofthese regulations.

(ee) ‘‘Automatic exposure control’’ means a de-vice that automatically controls one or more tech-nique factors in order to obtain a required quan-tity of radiation, at one or more preselectedlocations. (Authorized by K.S.A. 48-1607; imple-menting K.S.A. 48-1603 and 48-1607; effectiveDec. 30, 2005; amended July 27, 2007.)

28-35-135b. Definitions.As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) (1)‘‘Background radiation’’ means the following:

(A) Radiation from cosmic sources;(B) naturally occurring radioactive materials,

including radon, except for those radioactive ma-

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terials that are a decay product of source materialor special nuclear material; and

(C) global fallout as it exists in the environmentfrom the testing of nuclear explosive devices.

(2) The term ‘‘background radiation’’ shall notinclude radiation from radioactive materials reg-ulated by the department.

(b) ‘‘Beam axis’’ means a line from the sourcethrough the centers of the X-ray fields.

(c) ‘‘Beam-limiting device’’ means a device thatprovides a means to restrict the dimensions of theX-ray field.

(d) ‘‘Beam-monitoring filter’’ means a filterused to scatter a beam of electrons.

(e) ‘‘Beam-monitoring system’’ means a systemdesigned to detect and measure the radiationpresent in the useful beam.

(f) ‘‘Beam-scattering foil’’ means a thin pieceof material, usually metallic, placed in a beam ofelectrons to scatter the beam in order to providemore uniform electron distribution in the usefulbeam.

(g) ‘‘Becquerel (Bq)’’ means the SI unit of ac-tivity. One becquerel is equal to one disintegrationper second (dps) or transformation per second(tps).

(h) ‘‘Bent-beam linear accelerator’’ means alinear accelerator in which the accelerated elec-tron beam must change direction by passingthrough a bending magnet.

(i) ‘‘Bioassay’’ means the determination ofkinds, quantities, or concentrations and, in somecases, the locations of radioactive material in thehuman body, whether by direct measurement, invivo counting, or analysis and evaluation of ma-terials excreted or removed from the human body.For purposes of these regulations, ‘‘radiobioassay’’shall be considered an equivalent term.

(j) ‘‘Brachytherapy’’ means a method of radia-tion therapy in which sealed sources are utilizedto deliver a radiation dose at a distance of up to afew centimeters, by surface, intracavitary, or in-terstitial application.

(k)(1) ‘‘Byproduct material’’ means thefollowing:

(A) Any radioactive material, except special nu-clear material, yielded in or made radioactive byexposure to the radiation incident to the processof producing or utilizing special nuclear material;and

(B) the tailings or wastes produced by the ex-traction or concentration of uranium or thoriumfrom ore processed primarily for its source ma-

terial content including discrete surface wastes re-sulting from uranium or thorium solution-extrac-tion processes. Underground ore bodies depletedby these solution-extraction processes shall notconstitute ‘‘byproduct material’’ within thisdefinition.

(2) For the purposes of part 6, ‘‘byproduct ma-terial’’ shall mean all radioactive material regu-lated by the department. (Authorized by K.S.A.48-1607; implementing K.S.A. 48-1603 and 48-1607; effective Dec. 30, 2005.)

28-35-135c. Definitions. As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘Cab-inet radiography using radiation machines’’ meansindustrial radiography that is conducted in an en-closed, interlocked cabinet that prevents the ra-diation machine from operating unless all open-ings are securely closed and that is sufficientlyshielded so that every location on the cabinet’sexterior meets the conditions for an unrestrictedarea as specified in K.A.R. 28-35-214a.

(b) ‘‘Cabinet X-ray system’’ means an X-ray sys-tem with the X-ray tube installed in an enclosure,called a ‘‘cabinet,’’ that is independent from exist-ing architectural structures except the floor onwhich the cabinet could be placed. The cabinet isintended for the following purposes:

(1) To contain at least that portion of a materialbeing irradiated;

(2) to provide radiation attenuation; and(3) to exclude personnel from the interior of

the cabinet during the generation of X-rays.Cabinet X-ray systems may include all X-ray

systems designed primarily for the inspection ofcarry-on baggage at airline, railroad, and bus ter-minals, and in similar facilities. An X-ray tube thatis used within a shielded part of a building, or X-ray equipment that may temporarily or occasion-ally incorporate portable shielding, shall not beconsidered a cabinet X-ray system.

(c) ‘‘Calendar quarter’’ means at least 12 butnot more than 14 consecutive weeks. The first cal-endar quarter of each year shall begin in January.Subsequent calendar quarters shall be arranged sothat no day is included in more than one calendarquarter and no day in any one year is omitted frominclusion within a calendar quarter. A licensee orregistrant shall not change the method of deter-mining and observing calendar quarters for pur-poses of these regulations except at the beginningof a calendar year.

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(d) ‘‘Calibration’’ means the determination ofeither of the following:

(1) The response or reading of an instrumentrelative to a series of known radiation values overthe range of the instrument; or

(2) the strength of a source of radiation relativeto a standard.

(e) ‘‘Camera’’ means a radiographic exposuredevice.

(f) ‘‘Central axis of the beam’’ means a linepassing through the virtual source and the centerof the plane figure formed by the edge of the firstbeam-limiting device.

(g) ‘‘Cephalometric device’’ means a device in-tended for the radiographic visualization andmeasurement of the dimensions of the humanhead.

(h) ‘‘Certifiable cabinet X-ray system’’ meansan existing, uncertified X-ray system that has beenmodified to meet the certification requirementsspecified in 21 CFR 1020.40, as in effect on April30, 1984.

(i) ‘‘Certified cabinet X-ray system’’ means acabinet X-ray system that has been certified asmanufactured and assembled as specified in 21CFR 1020.40, as in effect on April 30, 1984.

(j) ‘‘Certified components’’ means the compo-nents of X-ray systems that are subject to regula-tions promulgated under public law 90-602, theradiation control for health and safety act of 1968and amendments thereto.

(k) ‘‘Certified system’’ means any X-ray systemthat has one or more certified components.

(l) ‘‘Certifying entity’’ means an independentcertifying organization or state regulatory pro-gram meeting the requirements in K.A.R. 28-35-292.

(m) ‘‘Changeable filter’’ means any filter, ex-clusive of inherent filtration, that can be removedfrom the useful beam through any electronic, me-chanical, or physical process.

(n) ‘‘Chelating agent’’ means amine polycar-boxylic acids, hydroxycarboxylic acids, gluconic ac-ids, and polycarboxylic acids.

(o) ‘‘Class’’ means a classification scheme forinhaled material according to its rate of clearancefrom the pulmonary region of the lung. For thepurposes of these regulations, ‘‘lung class’’ and‘‘inhalation class’’ shall be considered equivalentterms. Materials are classified as D, W, or Y,which applies to the following range of clearancehalf-times:

(1) For class D, fewer than 10 days;

(2) for class W, from 10 through 100 days; and(3) for class Y, more than 100 days.(p) ‘‘Coefficient of variation’’ or ‘‘C’’ means the

ratio of the standard deviation to the mean valueof a population of observations. This ratio is esti-mated using the following equation:

C 5sx 5

1x(

n

i51

(xi!x)2

n-1 )1/2

wheres 5Estimated standard deviation of the

population.x 5Mean value of observations in sample.xi 5 ith observation in sample

(q) ‘‘Collective dose’’ means the sum of the in-dividual doses received in a given period of timeby a specified population from exposure to a spec-ified source of radiation.

(r) ‘‘Collimator’’ means a radiation shield thatis placed at the end of a guide tube or directlyonto a radiographic exposure device to restrict thesize of the radiation beam when the sealed sourceis cranked into position to make a radiographicexposure.

(s) ‘‘Committed dose equivalent (HT,50)’’ meansthe dose equivalent to organs or tissues of refer-ence (T) that will be received from an intake ofradioactive material by an individual during the50-year period following the intake.

(t) ‘‘Committed effective dose equivalent (HE,

50)’’ means the sum of the products of the weight-ing factors applicable to each of the body organsor tissues that are irradiated and the committeddose equivalent to each of these organs or tissues(HE,50 5 wTHT,50).

(u) ‘‘Computed tomography’’ means the pro-duction of a tomogram by the acquisition andcomputer processing of X-ray transmission data.

(v) ‘‘Contact therapy’’ means therapy in whichthe X-ray tube port is put in contact with, or withinfive centimeters of, the surface being treated.

(w) ‘‘Contact therapy system’’ means a thera-peutic radiation machine with a short target-to-skin distance (TSD), usually less than fivecentimeters.

(x) ‘‘Control cable’’ means the cable that is con-nected to the source assembly and used to drivethe source to and from the exposure location.

(y) ‘‘Control drive mechanism’’ means a devicethat enables the source assembly to be moved intoand out of the exposure device.

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(z) ‘‘Controlled area’’ means an area outside ofa restricted area but inside the site boundary, ac-cess to which can be limited by the licensee orregistrant for any reason.

(aa) ‘‘Control panel’’ means that part of the X-ray system where the switches, knobs, push but-tons, and other hardware necessary for manuallysetting the technique factors are mounted.

(bb) ‘‘Control tube’’ means a protective sheathfor guiding the control cable. The control tubeconnects the control drive mechanism to the ra-diographic exposure device.

(cc) ‘‘Cooling curve’’ means the graphical re-lationship between the heat units stored and thecooling time.

(dd) ‘‘Curie’’ means a unit of activity. One curie(Ci) is the quantity of radioactive material that de-cays at the rate of 3.7 2 1010 transformations persecond (tps). Commonly used submultiples of thecurie are the millicurie and the microcurie. Onemillicurie (mCi) 5 0.001 curie 5 3.7 2 107 tps.One microcurie ( Ci) 5 0.000001 curie 5 3.7 2

104 tps. (Authorized by K.S.A. 48-1607; imple-menting K.S.A. 48-1603 and 48-1607; effectiveDec. 30, 2005.)

28-35-135d. Definitions.As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a)‘‘Deadman switch’’ means a switch constructed sothat circuit closure can be maintained only by con-tinuous pressure by the operator.

(b) ‘‘Declared pregnant woman’’ means awoman who has voluntarily informed her em-ployer, in writing, of her pregnancy and the esti-mated date of delivery. The written declarationshall remain in effect until the declared pregnantwoman withdraws the declaration in writing or isno longer pregnant.

(c) ‘‘Decommission’’ means to remove a facilityor site safely from service and reduce residual ra-dioactivity to a level that permits either of thefollowing:

(1) The release of the property for unrestricteduse and the termination of the license; or

(2) the release of the property under restrictedconditions and the termination of the license.

(d) ‘‘Dedicated check source’’ means a radio-active source that is used to ensure the constantoperation of a radiation detection or measurementdevice over several months or years. This sourcemay also be used for other purposes.

(e) ‘‘Deep dose equivalent (Hd),’’ which applies

to external whole body exposure, means the doseequivalent to a tissue depth of one centimeter(1,000 mg/cm2).

(f) ‘‘Deliberate misconduct’’ means a person’sintentional act or omission about which the personknows one of the following:

(1) If not detected, the act or omission wouldcause a licensee, a registrant, or an applicant to bein violation of any statute, regulation, or order orany term, condition, or limitation of any licenseissued by the secretary.

(2) The act or omission constitutes a violationof a requirement, procedure, instruction, con-tract, purchase order, or policy of a licensee, reg-istrant, applicant, contractor, or subcontractor.

(3) The act or omission involves the person’sdeliberate submission to the department, a li-censee, a registrant, an applicant, or a licensee’scontractor or subcontractor of information relat-ing to a licensee’s, a registrant’s, or an applicant’soperations that the person knows to be incom-plete or inaccurate in some respect.

(g) ‘‘Dentistry’’ means the functions authorizedby K.S.A. 65-1421 et seq., and amendmentsthereto.

(h) ‘‘Department’’ means the department ofhealth and environment.

(i) ‘‘Depleted uranium’’ means source materialuranium in which the isotope uranium 235 is lessthan 0.711 percent of the total weight of uraniumpresent. This term shall not include special nu-clear material.

(j) ‘‘Derived air concentration (DAC)’’ meansthe concentration of a given radionuclide in airthat, if breathed by the reference man for a work-ing year of 2,000 hours under conditions of lightwork, results in an intake of one ALI. For pur-poses of these regulations, the condition of lightwork is an inhalation rate of 1.2 cubic meters ofair per hour for 2,000 hours in a year. The DACare values specified in ‘‘appendices to part 4:standards for protection against radiation,’’ effec-tive April 1994, which is adopted by reference inK.A.R. 28-35-135a.

(k) ‘‘Derived air concentration-hour (DAC-hour)’’ means the product of the concentration ofradioactive material in air, expressed as a fractionor multiple of the derived air concentration foreach radionuclide, and the time of exposure tothat radionuclide, in hours. A licensee or regis-trant may assume that a total of 2,000 DAC-hoursrepresents one ALI, which is equivalent to a com-

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mitted effective dose equivalent of 5 rem (0.05Sv).(l) ‘‘Diagnostic clinical procedures manual’’

means a collection of written procedures that de-scribes each method and other instructions andprecautions by which the licensee performs di-agnostic clinical procedures, each of which hasbeen approved by the authorized user and in-cludes the radiopharmaceutical, dosage, and routeof administration.(m) ‘‘Diagnostic source assembly’’ means the

tube housing assembly with a beam-limiting de-vice attached.(n) ‘‘Diagnostic-type tube housing’’ means an

X-ray tube housing constructed so that the leakageradiation, at a distance of one meter from the tar-get, does not exceed 100 milliroentgens in onehour when the tube is operated at the maximumrate of continuous tube current and the maximumrate of tube potential.(o) ‘‘Diagnostic X-ray imaging system’’ means

an assemblage of components for the generation,emission, and reception of X-rays and the trans-formation, storage, and visual display of the re-sultant X-ray image.(p) ‘‘Diagnostic X-ray system’’ means an X-ray

system designed for irradiation of any part of thehuman body for the purpose of diagnosis orvisualization.(q) ‘‘Direct scattered radiation’’ means scat-

tered radiation that has been deviated in directiononly by materials irradiated by the useful beam.(r) ‘‘Dose’’ is a generic term that means the ab-

sorbed dose, dose equivalent, effective doseequivalent, committed dose equivalent, commit-ted effective dose equivalent, total organ doseequivalent, or total effective dose equivalent. Forpurposes of these regulations, ‘‘radiation dose’’shall be considered an equivalent term.(s) ‘‘Dose equivalent (HT)’’ means the product

of the absorbed dose in tissue, quality factor, andall other necessary modifying factors at the loca-tion of interest. The units of dose equivalent arethe rem and sievert (Sv).(t) ‘‘Dose limits’’ means the permissible upper

bounds of radiation doses established in accord-ance with these regulations. For purposes of theseregulations, ‘‘limits’’ is an equivalent term.(u) ‘‘Dose-monitoring system’’ means a system

of devices for the detection, measurement, anddisplay of quantities of radiation.(v) ‘‘Dose monitor unit’’ means a unit response

from the dose-monitoring system from which theabsorbed dose can be calculated.(w) ‘‘Dosimetry processor’’ means an individ-

ual or an organization that processes and evaluatesindividual monitoring devices in order to deter-mine the radiation dose delivered to the monitor-ing devices.(x) ‘‘Doubly encapsulated sealed source’’

means a sealed source in which the radioactivematerial is sealed within an inner capsule and thatcapsule is sealed within an outer capsule.(y) ‘‘Drill’’ means a supervised, hands-on in-

struction period intended to test, develop, ormaintain a specific emergency response capabil-ity. A drill may be a component of an exercise.(Authorized by K.S.A. 48-1607; implementingK.S.A. 48-1603 and 48-1607; effective Dec. 30,2005; amended July 27, 2007.)

28-35-135e. Definitions. As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘Ef-fective dose equivalent (HE)’’ means the sum ofthe products of the dose equivalent to each organor tissue (HT) and the weighting factor (wT) ap-plicable to each of the body organs or tissues thatare irradiated (HE 5 WTHT).(b) ‘‘Embryo or fetus’’ means the developing

human organism at any stage of development untilthe time of birth.(c) ‘‘Emergency’’ means an event requiring

prompt action to mitigate a threat to the healthand safety of workers or the public or a threat ofdamage to the environment.(d) ‘‘Emergency planning zone’’ means a geo-

graphic area surrounding a specific facility forwhich special planning and preparedness effortsare carried out to ensure that prompt and effec-tive protective actions will reduce or minimize theimpact of releases of radioactive material on pub-lic health and safety or the environment.(e) ‘‘Energy compensation source (ECS)’’

means a small sealed source, with an activity notexceeding 3.7 Mbq (100 microcuries), used withina logging tool or other tool components to providea reference standard to maintain the tool’s cali-bration when in use.(f) ‘‘Entrance exposure rate’’ means the roent-

gens per unit of time at the point where the centerof the useful beam enters any individual.(g) ‘‘Entrance or access point’’ means any

opening through which an individual or extremityof an individual could gain access to radiation ar-

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eas or to licensed or registered radioactive mate-rials. This term shall include entry and exit portalsof sufficient size to permit human entry, irrespec-tive of the intended use.

(h) ‘‘Evacuation’’ means the urgent removal ofpeople from an area to avoid or reduce high-level,short-term exposure.

(i) ‘‘Event’’ means a situation reasonably dis-crete in time, location, and consequences.

(j) ‘‘Exercise’’ means a multifaceted activitythat test the plans, procedures, adequacy of train-ing, resources, and integrated capability of anemergency response system.

(k) ‘‘Existing equipment’’ means therapy sys-tems subject to K.A.R. 28-35-250a that were man-ufactured on or before January 1, 1985.

(l) ‘‘Explosive material’’ means any chemicalcompound, mixture, or device that produces asubstantial, instantaneous release of gas and heatspontaneously or by contact with sparks or flame.

(m) ‘‘Exposure’’ means the quotient of dQ di-vided by dm. ‘‘dQ’’ is the absolute value of thetotal charge of the ions of one sign produced inair when all the electrons, negatrons, and posi-trons liberated by photons in a volume element ofair having mass, expressed as ‘‘dm,’’ are com-pletely stopped in air. The special unit of exposureis the roentgen (R). One roentgen equals 2.58 x10-4 coulombs per kilogram of air.

(n) ‘‘Exposure head’’ means a device that lo-cates the sealed source in the selected workingposition. For the purposes of these regulations,‘‘source stop’’ is an equivalent term.

(o) ‘‘Exposure rate’’ means the exposure perunit of time, including roentgens per minute (R/min) and milliroentgens per hour (mR/hr).

(p) ‘‘External beam radiation therapy’’ meanstherapeutic irradiation in which the source of ra-diation is at a distance from the body.

(q) ‘‘External dose’’ means that portion of thedose equivalent received from any source of ra-diation outside the body.

(r) ‘‘Extremity dose’’ means the external doseequivalent to the hand, elbow, arm below the el-bow, foot, knee, and leg below the knee.

(s) ‘‘Eye dose equivalent’’ means the externaldose equivalent to the lens of the eye, at a tissuedepth of 0.3 centimeter or 300 mg/cm2. (Author-ized by K.S.A. 48-1607; implementing K.S.A. 48-1603 and 48-1607; effective Dec. 30, 2005.)

28-35-135f. Definitions. As used in theseregulations, each of the following terms shall have

the meaning assigned in this regulation: (a) ‘‘Fa-cility’’ means the specific location at which a per-son is licensed or registered to use radioactive ma-terial or radiation-producing devices. Separatephysical locations shall be considered to be sepa-rate facilities.

(b) ‘‘Fail-safe characteristic’’ means a designfeature that causes beam port shutters to close, orotherwise prevents emergence of the primarybeam, upon the failure of a safety or warningdevice.

(c) ‘‘Field emission equipment’’ means equip-ment that uses an X-ray tube in which electronemission from the cathode is due solely to the ac-tion of an electric field.

(d) ‘‘Field-flattening filter’’ means a filter usedto provide dose uniformity over the area of a use-ful beam of X-rays at a specified depth.

(e) ‘‘Field size’’ means the dimensions alongthe major axes of an area in a plane perpendicularto the specified direction of the beam of incidentradiation at the normal treatment distance. Fieldsize is defined by the intersection of the majoraxes and the 50 percent isodose line. Materialshall be placed in the beam so that the maximumdose is produced at the normal treatment distancewhen the field size is being determined.

(f) ‘‘Field station’’ means a facility where radi-oactive sources or radiation-processing devicesare stored or used and from which equipment isdispatched to temporary job sites.

(g) ‘‘Filter’’ means material placed in the pathof the useful beam of X-rays to selectively absorbthe less penetrating radiation.

(h) ‘‘Fluoroscopic imaging assembly’’ means acomponent that comprises a reception system inwhich X-ray photons produce a fluoroscopic im-age. This term shall include equipment housings,any electrical interlocks, the primary protectivebarrier, and structural material providing linkagebetween the image receptor and the diagnosticsource assembly.

(i) ‘‘Focal spot’’ means the area projected onthe anode of the X-ray tube by the electrons ac-celerated from the cathode and from which theuseful beam originates.

(j) ‘‘Full-cost reimbursement’’ means reim-bursement of the total cost of staff time and anycontractual support services expended. (Author-ized by K.S.A. 48-1607; implementing K.S.A. 48-1603 and 48-1607; effective Dec. 30, 2005.)

28-35-135g. Definitions. As used in these

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regulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘Gan-try’’ means that part of the system supporting andallowing possible movements of the radiationhead.

(b) ‘‘General emergency’’ means that an acci-dent has occurred or is in progress, involving ac-tual or imminent catastrophic reduction of facilitysafety systems with the potential for loss of con-tainment or confinement integrity or release ofradioactive material that can be reasonably ex-pected to exceed off-site protective action guides.

(c) ‘‘Generally applicable environmental radi-ation standards’’ means standards issued by theU.S. environmental protection agency (EPA) un-der the authority of the atomic energy act of 1954,as amended, that impose limits on radiation ex-posures or levels, or concentrations or quantitiesof radioactive material, in the general environ-ment outside the boundaries of locations underthe control of persons possessing or using radio-active material.

(d) ‘‘General purpose radiographic X-ray sys-tem’’ means any radiographic X-ray system that,by design, is not limited to the radiographic ex-amination of specific anatomical regions.

(e) ‘‘Gonadal shield’’ means a protective bar-rier for the testes or ovaries.

(f) ‘‘Gray (Gy)’’ means the SI unit of absorbeddose. One gray is equal to an absorbed dose ofone joule per kilogram. One gray is also equal to100 rads.

(g) ‘‘Group I’’ means prepared radiopharma-ceuticals that are used for diagnostic studies in-volving measurements of uptake, dilution, and ex-cretion, as specified in 10 CFR 35.100, which isadopted by reference in KA.R. 28-35-264.

(h) ‘‘Group II’’ means prepared radiopharma-ceuticals that are used for diagnostic studies in-volving imaging and tumor localizations and anyradioactive material in a radiopharmaeutical pre-pared from a group II kit or providing a singledose. With respect to radiopharmaceuticals pre-pared from group II kits or as single doses, groupII shall refer to the unsealed byproduct materialspecified in 10 CFR 35.200, which is adopted byreference in K.A.R. 28-35-264.

(i) ‘‘Group III’’ means generators and reagentkits that are used following the manufacturer’s in-structions for the preparation of diagnostic radi-opharmaceuticals. With respect to generators andreagent kits, group III shall refer to the unsealedbyproduct material specified in 10 CFR 35.200,

which is adopted by reference in K.A.R. 28-35-264.

(j) ‘‘Group IV’’ means prepared radiopharma-ceuticals that are used for certain therapeutic usesthat do not normally require hospitalization forpurposes of radiation safety. With respect to usesthat do not normally require hospitalization,group IV shall refer to the unsealed byproductmaterial specified in 10 CFR 35.300, which isadopted by reference in K.A.R. 28-35-264.

(k) ‘‘Group V’’ means prepared radiopharma-ceuticals for certain therapeutic uses that nor-mally require hospitalization for purposes of ra-diation safety. With respect to uses that normallyrequire hospitalization, group V shall refer to un-sealed byproduct material specified in 10 CFR35.300, which is adopted by reference in K.A.R.28-35-264.

(l) ‘‘Group VI’’ means sources and devices con-taining radioactive material used for medical di-agnosis and therapy, as specified in 10 CFR35.400, which is adopted by reference in K.A.R.28-35-264.

(m) ‘‘Guide tube’’ means a flexible or rigid tubefor guiding the source assembly and the attachedcontrol cable from the exposure device to the ex-posure head. This term may include the connec-tions necessary for attachment to the exposure de-vice and to the exposure head. (Authorized byK.S.A. 48-1607; implementing K.S.A. 48-1603and 48-1607; effective Dec. 30, 2005.)

28-35-135h. Definitions. As used inthese regulations, each of the following terms shallhave the meaning assigned in this regulation: (a)‘‘Half-life’’ means the time required for the activ-ity of any given radioisotope to decay to one-halfof its original activity.

(b) ‘‘Half-value layer (HVL)’’ means the thick-ness of specified material that attenuates thebeam of radiation to an extent that the exposurerate is reduced to one-half of its original value.

(c) ‘‘Hands-on experience,’’ as applied to in-dustrial radiology, means experience in all areasconsidered to be directly involved in the radiog-raphy process. This term shall include taking ra-diographs, the calibration of survey instruments,operational and performance testing of survey in-struments and devices, film development, theposting of radiation areas, transporting radiogra-phy equipment, the posting of records and radi-ation area surveillance, and other areas as appli-cable. A disproportionate amount of time spent in

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only one or two of these areas shall not be countedtoward the 2,000 hours of hands-on experiencerequired for a radiation safety officer or a radi-ographer.

(d) ‘‘Hazardous waste’’ shall have the meaningassigned in K.A.R. 28-31-3.

(e) ‘‘Healing arts’’ means the activities author-ized in K.S.A. 65-2801 et seq., and amendmentsthereto.

(f) ‘‘Healing arts screening’’ means the testingof human beings using X-ray machines for the de-tection or evaluation of health indications whenthe test is performed without any prior examina-tion and without any specific and individual orderby a licensed practitioner of the healing arts whois legally authorized to perform examinations andto prescribe X-ray tests for the purpose of diag-nosis or treatment.

(g) ‘‘Heat unit’’ means a unit of energy equalto the product of the peak kilovoltage, milliam-peres, and seconds (kVp 2 mA 2 second).

(h) ‘‘High dose-rate remote afterloader’’ meansa brachytherapy device that remotely delivers adose rate in excess of 12 grays (1,200 rads) perhour at the point or surface where the dose isprescribed.

(i) ‘‘High-radiation area’’ means any area thatis accessible to individuals, in which there existsradiation at such levels that a major portion of thebody could receive, in any one hour and at 30centimeters from the source of the radiation orany surface that the radiation penetrates, a doseto the whole body in excess of 100 millirems. Forpurposes of these regulations, rooms or areas inwhich diagnostic X-ray systems are used for heal-ing arts purposes shall not be considered high-radiation areas.

(j) ‘‘Human use’’ means the intentional internalor external administration of radiation or radio-active material to any individual. (Authorized byK.S.A. 48-1607; implementing K.S.A. 48-1603and 48-1607; effective Dec. 30, 2005.)

28-35-135i. Definitions. As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘Im-age intensifier’’ means a device that instantane-ously converts, by means of photoemissive sur-faces and electronic circuitry, an X-ray patterninto a light pattern of greater intensity than wouldhave been provided by the original X-ray pattern.

(b) ‘‘Image receptor’’ means any device, in-cluding a fluorescent screen and radiographic

film, that transforms incident X-ray photons intoa visible image or into another form that can bemade into a visible image by furthertransformations.

(c) ‘‘Image receptor support,’’ for mammo-graphic systems, means that part of the systemdesigned to support the image receptor in a hor-izontal plane during a mammographic examina-tion.

(d) ‘‘Immediate’’ means within not more than15 minutes or as otherwise defined in a licensecondition.

(e) ‘‘Incident’’ means an individual event or se-ries of related events that caused or threatened tocause any violation of these regulations or licenseconditions. For the purposes of part 13, ‘‘incident’’means any unintended event involving radioactivematerial for which the public dose is a fraction ofregulatory limits and safety provisions are suffi-cient, but further degradation of safety systemscould lead to an accident.

(f) ‘‘Independent certifying organization’’means an independent organization that meets allof the criteria specified in K.A.R. 28-35-292.

(g) ‘‘Individual’’ means any human being.(h) ‘‘Individual monitoring’’ means the assess-

ment of either of the following:(1) A dose equivalent by the use of individual-

monitoring devices or by the use of survey data;or

(2) a committed effective dose equivalent de-termined by bioassay or by computation of thenumber of DAC-hours to which an individual isexposed.

(i) ‘‘Individual-monitoring device’’ means anydevice designed to be worn by a single individualfor the assessment of dose equivalent. ‘‘Individ-ual-monitoring device’’ shall include any filmbadge, thermoluminescent dosimeter (TLD), op-tically stimulated dosimeter, pocket ionizationchamber, and personal air-sampling device. Forpurposes of these regulations, ‘‘personnel dosim-eter’’ and ‘‘dosimeter’’ shall be considered termsequivalent to ‘‘individual-monitoring device.’’

(j) ‘‘Industrial radiography’’ means the exami-nation of the structure of materials by nondestruc-tive methods utilizing sources of radiation.(k) ‘‘Inherent filtration’’ means the filtration

permanently mounted in the useful beam, includ-ing the window of the X-ray tube and any per-manent tube or source enclosure.

(l) ‘‘Injection tool’’ means a device used for

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controlled subsurface injection of radioactivetracer material.

(m) ‘‘Inspection’’ means an official examinationor observation that may include tests, surveys, andmonitoring to determine compliance with federalrules, state regulations, orders, requirements, andlicense and registration conditions.

(n) ‘‘Installation’’ means the location whereone or more sources of radiation are used, oper-ated, or stored.

(o) ‘‘Interlock’’ means a device for precludingaccess by an individual to an area of radiation haz-ard without warning, either by preventing admis-sion or by automatically removing the hazards.

(p) ‘‘Internal dose’’ means that portion of thedose equivalent received from radioactive mate-rial taken into the body.

(q) ‘‘Interruption of irradiation’’ means thestopping of irradiation with the possibility of con-tinuing irradiation without the resetting of oper-ating conditions at the control panel.

(r) ‘‘Ionizing radiation’’ means radiation capa-ble of producing an ionization event, includinggamma rays and X-rays, alpha and beta particles,high-speed electrons, neutrons, and other nuclearparticles.

(s) ‘‘Irradiation’’ means the exposure of matterto ionizing radiation.

(t) ‘‘Irradiator’’ means a facility that uses radi-oactive sealed sources for the irradiation of objectsor materials and in which radiation dose rates ex-ceeding five grays (500 rads) per hour exist at onemeter from the sealed radioactive sources in airor water, as applicable for the irradiator type. Thisterm shall not include any irradiator in which boththe sealed source and the area subject to irradia-tion are contained within a device and are not ac-cessible to personnel.

(u) ‘‘Irradiator operator’’ means an individualwho has successfully completed the requiredtraining and testing and is authorized by the termsof the license to operate an irradiator without asupervisor present.

(v) ‘‘Irretrievable well-logging source’’ meansany sealed source containing licensed materialthat is pulled off or not connected to the wirelinethat suspends the source in the well and for whichall reasonable effort at recovery has been ex-pended.

(w) ‘‘Isocenter’’ means a fixed point in spacethat is located at the center of the smallest spherethrough which the central axis of the beams passesunder all conditions. (Authorized by K.S.A. 48-

1607; implementing K.S.A 48-1603 and 48-1607;effective Dec. 30, 2005.)

28-35-135k. Definitions.As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘Kil-ovolts (kV)’’ means the energy equal to that ac-quired by a particle with one electron charge inpassing through a potential difference of 1,000volts in a vacuum.

(b) ‘‘Kilovolts peak (kVp)’’ has the meaning as-signed to ‘‘peak tube potential.’’

(c) ‘‘kWs’’ means kilowatt second. This term iscalculated using the following equation:

kWs 5 (X)kV 2 (Y)mA 2 (Z)s 2kWs

103kv 2 mA 2 s5

XYZ kWs

103

(Authorized by K.S.A. 48-1607; implementingK.S.A. 48-1603 and 48-1607; effective Dec. 30,2005.)

28-35-135l. Definitions. As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘Leadequivalent’’ means the thickness of lead affordingthe same attenuation, under specified conditions,as the material in question.

(b) ‘‘Leakage radiation’’ means radiation ema-nating from the device source assembly, exceptfor the following:

(1) The useful beam; and(2) radiation produced when the exposure

switch or timer is not activated for diagnosis ortherapy.

(c) ‘‘Leakage technique factors’’ means thetechnique factors associated with the tube housingassembly that are used in measuring leakage ra-diation. The leakage technique factors shall be de-fined as follows:

(1) For diagnostic source assemblies intendedfor capacitor energy storage equipment, the max-imum rated number of exposures in an hour foroperation at the maximum rated peak tube poten-tial, with the quantity of charge per exposure be-ing 10 millicoulombs or the minimum obtainablefrom the unit, whichever is larger;

(2) for diagnostic source assemblies intendedfor field emission equipment rated for pulsed op-eration, the maximum rated number of X-raypulses in an hour for operation at the maximumrated peak tube potential; and

(3) for all other diagnostic or therapeuticsource assemblies, the maximum rated peak tubepotential and the maximum rated continuous tube

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current for the maximum rated peak tubepotential.

(d) ‘‘License’’ means a document issued in ac-cordance with these regulations specifying theconditions of use of radioactive material.

(e) ‘‘Licensed or registered material’’ meansradioactive material received, possessed, used,transferred, or disposed of under a general or spe-cific license or registration issued by thedepartment.

(f) ‘‘Licensee’’ means any person who is li-censed in accordance with these regulations.

(g) ‘‘Licensing state’’ means any state that hasbeen granted final designation by the conferenceof radiation control program directors, inc., forthe regulatory control of NARM, as defined inK.A.R. 28-35-135n.

(h) ‘‘Light field’’ means that area of the inter-section of the light beam from the beam-limitingdevice and one plane in the set of planes parallelto and including the plane of the image receptor,whose perimeter is the locus of points at whichthe illumination is one-fourth of the maximum inthe intersection.

(i) ‘‘Line-voltage regulation’’ means the differ-ence between the no-load and the load line po-tentials, expressed as a percent of the load linepotential, using the following equation:

Percent line-voltage regulation 5100 (Vn-V1)/V1

whereVn 5 No-load line potential andV1 5 Load line potential.

(j) ‘‘Local component’’ means any part of ananalytical X-ray system. This term shall includecomponents that are struck by X-rays, includingradiation source housings, port and shutter assem-blies, collimators, sample holders, cameras, goni-ometers, detectors, and shielding. This term shallnot include power supplies, transformers, ampli-fiers, readout devices, and control panels.

(k) ‘‘Logging supervisor’’ means the individualwho uses sources of radiation or provides personalsupervision of the utilization of sources of radia-tion at a well site.

(l) ‘‘Logging tool’’ means a device used subsur-face to perform well logging.

(m) ‘‘Lost or missing licensed or registeredsource of radiation’’ means a licensed or registeredsource of radiation whose location is unknown. Thisterm shall include licensed or registered material

that has been shipped but has not reached itsplanned destination and whose location cannot bereadily traced in the transportation system.

(n) ‘‘Lot tolerance percent defective’’ meansthe poorest quality, expressed as the percentageof defective units, in an individual inspection lotthat may be accepted.

(o) ‘‘Low dose-rate remote afterloader’’ means abrachytherapy device that remotely delivers a doserate in excess of 12 grays per hour at the point orsurface where the dose is prescribed. (Authorizedby K.S.A. 48-1607; implementing K.S.A. 48-1603and 48-1607; effective Dec. 30, 2005.)

28-35-135m. Definitions. As used inthese regulations, each of following terms shallhave the meaning assigned in this regulation: (a)‘‘mA’’ means milliampere.

(b) ‘‘Major processor’’ means a user process-ing, handling, or manufacturing radioactive ma-terial exceeding type A quantities as unsealedsources or material, or exceeding four times thetype B quantities as sealed sources. This term shallnot include nuclear medicine programs, univer-sities, industrial radiographers, and small indus-trial programs. Type A and B quantities are spec-ified in K.A.R. 28-35-221b of these regulations.

(c) ‘‘Management’’ means the chief executiveofficer or other individual having the authority tomanage, direct, or administer the licensee’s activ-ities, or that person’s delegate or delegates.

(d) ‘‘Manual brachytherapy’’ means a type ofbrachytherapy in which the brachytherapysources, including seeds and ribbons, are manu-ally placed topically on or inserted either into thebody cavities that are in close proximity to a treat-ment site or directly into the tissue volume.

(e) ‘‘mAs’’ means the product of milliamperesand seconds.

(f) ‘‘Maximum line current’’ means the root-mean-square current in the supply line of an X-ray machine operating at its maximum rating.

(g) ‘‘Medical event’’ means an event that meetsthe criteria specified in part 6 of these regulations.

(h) ‘‘Medical institution’’ means an organiza-tion in which several medical disciplines arepracticed.

(i) ‘‘Medical use’’ means the intentional inter-nal or external administration of radioactive ma-terial, or radiation, to humans in the practice ofthe healing arts.

(j) ‘‘Medium dose-rate remote afterloader’’

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means a brachytherapy device that remotely de-livers a dose rate of greater than two grays, butless than 12 grays per hour at the point or surfacewhere the dose is prescribed.(k) ‘‘Megavolt (MV)’’ means the energy equal

to that acquired by a particle with one electroncharge in passing through a potential differenceof one million volts in a vacuum.(l) ‘‘Member of the public’’ means an individ-

ual, except when that individual is receiving anoccupational dose.(m) ‘‘Mineral logging’’ means logging per-

formed for the purpose of mineral explorationother than oil or gas.(n) ‘‘Minor’’ means an individual younger than

18 years of age.(o) ‘‘Mobile nuclear medicine service’’ means

the transportation and medical use of radioactivematerial.(p) ‘‘Mobile X-ray equipment’’ means X-ray

equipment mounted on a permanent base withwheels or casters, or both, for moving while com-pletely assembled. This term shall include X-rayequipment mounted in a vehicle.(q) ‘‘Monitoring’’ means the measurement of

radiation, radioactive material concentrations,surface area activities, or quantities of radioactivematerial and the use of the results of these meas-urements to evaluate potential exposures anddoses. For purposes of these regulations, ‘‘radia-tion monitoring’’ and ‘‘radiation protection moni-toring’’ shall be considered terms equivalent to‘‘monitoring.’’

(r) ‘‘Moving beam therapy’’ means radiationtherapy with relative displacement of the usefulbeam and the patient during irradiation, includingtherapy, skip therapy, and rotational therapy. (Au-thorized by K.S.A. 48-1607; implementing K.S.A.48-1603 and 48-1607; effective Dec. 30, 2005.)

28-35-135n. Definitions. As used inthese regulations, each of the following terms shallhave the meaning assigned in this regulation: (a)‘‘NARM’’ means any naturally occurring or accel-erator-produced radioactive material, not includ-ing byproduct, source, or special nuclear material.(b) ‘‘Nationally tracked source’’ means a sealed

source containing any quantity of radioactive ma-terial equal to or greater than any threshold listedin the table in this subsection. For purposes of thedefinition of ‘‘nationally tracked source,’’ ‘‘sealedsource’’ shall be defined as radioactive materialthat is sealed in a capsule or closely bonded, thatis in a solid form, and that is not exempt fromregulatory control. For purposes of the definitionof ‘‘nationally tracked source,’’ ‘‘sealed source’’shall not include any radioactive material encap-sulated solely for disposal and any nuclear mate-rial contained in any fuel assembly, subassembly,fuel rod, or fuel pellet. Category I nationallytracked sources contain radioactive material inquantities equal to or greater than the category 1threshold. Category 2 nationally tracked sourcescontain radioactive material in quantities equal toor greater than the category 2 threshold but lessthan the category 1 threshold.

Nationally tracked source thresholds

Radioactive materialCategory 1(TBq)*

Category 1(Ci)**

Category 2(TBq)*

Category 2(Ci)**

Actinium-227 20 540 0.2 5.4Americium-241 60 1,600 0.6 16Americium-241/Be 60 1,600 0.6 16Californium-252 20 540 0.2 5.4Cobalt-60 30 810 0.3 8.1Curium-244 50 1,400 0.5 14Cesium-137 100 2,700 1 27Gadolinium-153 1,000 27,000 10 270Iridium-192 80 2,200 0.8 22Plutonium-238 60 1,600 0.6 16Plutonium-239/Be 60 1,600 0.6 16Polonium-210 60 1,600 0.6 16Promethium-147 40,000 1,100,000 400 11,000Radium-226 40 1,100 0.4 11Selenium-75 200 5,400 2 154Strontium-90 1,000 27,000 10 270Thorium-228 20 540 0.2 5.4Thorium-229 20 540 0.2 5.4Thulium-170 20,000 540,000 200 5,400Ytterbium-169 300 8,100 3 81

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* The Terabecquerel (TBq) values are the regulatorystandard.

** The curie (Ci) values specified are obtained by convertingfrom the TBq value. The curie values are provided for prac-tical usefulness only and are rounded after conversion.

(c) ‘‘Natural radioactivity’’ means the radioac-tivity of naturally occurring nuclides.(d) ‘‘New equipment’’ means any system sub-

ject to K.A.R. 28-35-249 that was manufacturedafter January 1, 1985.(e) ‘‘Nonionizing radiation’’ means radiation

not capable of producing ionization, includingsound and radio waves and visible, infrared, orultraviolet light.(f) ‘‘Non-stochastic effect’’ means a health ef-

fect, the severity of which varies with the dose andfor which a threshold is believed to exist. For pur-poses of these regulations, ‘‘deterministic effect’’shall be considered an equivalent term.(g) ‘‘Normal operating procedures’’ means op-

erating procedures for conditions suitable for rou-tine purposes with shielding and barriers in place,including routine alignment procedures. Thisterm shall not include maintenance proceduresand routine and emergency radiation safetyconsiderations.(h) ‘‘Normal treatment distance’’ means either

of the following:(1) For electron irradiation, the distance from

the virtual source to the surface along the centralaxis of the useful beam, as specified by the man-ufacturer; or(2) for X-ray irradiation, the distance from the

virtual source to the isocenter along the centralaxis of the useful beam. For non-isocentric equip-ment, this distance shall be the distance specifiedby the manufacturer.(i) ‘‘Nuclear regulatory commission (NRC)’’

means the U.S. nuclear regulatory commission orits duly authorized representatives.(j) ‘‘NVLAP’’ means the national voluntary lab-

oratory accreditation program. (Authorized byK.S.A. 48-1607; implementing K.S.A. 48-1603and 48-1607; effective Dec. 30, 2005; amendedJuly 27, 2007.)

28-35-135o. Definitions.As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘Oc-cupational dose’’ means the dose received by anindividual in the course of employment in whichthe individual’s assigned duties involve exposureto radiation or radioactive material from licensed

or unlicensed sources of radiation. The term ‘‘oc-cupational dose’’ shall not include any dose re-ceived under any of the following circumstances:(1) As background radiation;(2) as a patient from medical practices;(3) from voluntary participation in medical re-

search programs; or(4) as a member of the public.(b) ‘‘Off-site response organization’’ means any

non-licensee off-site organization that could beneeded to respond to an emergency, including lo-cal fire, police, ambulance, and hospital emer-gency management services.(c) ‘‘Open-beam configuration’’ means an X-

ray system in which an individual could acciden-tally place some part of the individual’s body inthe primary beam path during normal operation.(d) ‘‘Output’’ means the exposure rate or dose

rate, or a quantity related in a known manner tothese rates from a teletherapy unit for a specifiedset of exposure conditions. (Authorized by K.S.A.48-1607; implementing K.S.A. 48-1603 and 48-1607; effective Dec. 30, 2005.)

28-35-135p. Definitions.As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘Pack-age’’ means a container and packing material, to-gether with the radioactive contents, as presentedfor transport.(b) ‘‘Panoramic dry-source-storage irradiator’’

means an irradiator in which the irradiations occurin air in areas potentially accessible to personneland in which the sources are stored in shieldsmade of solid materials. This term shall includebeam-type dry-source-storage irradiators in whichone narrow beam of radiation is produced for per-forming irradiations.(c) ‘‘Panoramic wet-source-storage irradiator’’

means an irradiator in which the irradiations occurin air in areas potentially accessible to personneland in which the sources are stored underwaterin a storage pool.(d) ‘‘Particle accelerator’’ means any machine

capable of accelerating electrons, protons, deu-terons, or other charged particles in a vacuum andof discharging the resultant particulate or otherradiation into a medium at energies usually in ex-cess of one mega electron volt (MeV).(e) ‘‘Patient’’ means an individual subjected to

examination, diagnosis, or treatment.(f) ‘‘Patient intervention’’ means any action by

the patient or human research subject, whether

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intentional or unintentional, that affects the pre-scribed treatment. This term shall include dis-lodging or removing any treatment device andprematurely terminating the prescribedtreatment.

(g) ‘‘Peak tube potential’’ means the maximumvalue of the potential differences across an X-raytube during an exposure. This term is also re-ferred to as ‘‘kilovolts peak (kVp).’’

(h) ‘‘Periodic quality-assurance check’’ means aprocedure that is performed to ensure that theprevious calibration continues to be valid.

(i) ‘‘Permanent radiographic installation’’means an enclosed, shielded room, cell, or vault,not located at a temporary job site, in which ra-diography is performed.

(j) ‘‘Person’’ means any individual, corporation,partnership, firm, association, trust, estate, publicor private institution, group, agency, political sub-division of this or any other state, or political sub-division or agency, excluding federal governmentagencies.

(k) ‘‘Personnel-monitoring equipment’’ meansany device designed to be carried or worn by anindividual and used to measure the exposure ofthat individual to radiation. For purposes of theseregulations, ‘‘PMD,’’ which means ‘‘personnel-monitoring device,’’ shall be an equivalent term.

(l) ‘‘Personnel supervision’’ means guidanceand instruction by the supervisor who is physicallypresent at the job site and who is watching theperformance of the operation in such proximitythat contact can be maintained and immediate as-sistance given, as required.

(m) ‘‘Phantom’’ means a volume of materialbehaving in a manner similar to that of tissue, withrespect to the attenuation and scattering ofradiation.

(n) ‘‘Pharmacist’’ means any individual licensedto practice pharmacy under K.S.A. 65-1626 etseq., and amendments thereto.

(o) ‘‘Phototimer’’ means a device used for con-trolling radiation exposures to image receptors bylimiting the amount of radiation that reaches aradiation-monitoring device or devices. The radi-ation-monitoring device or devices are part of anelectronic circuit that controls the period of timeduring which the tube is activated. For purposesof these regulations, ‘‘automatic exposure control’’is an equivalent term.

(p) ‘‘Physician’’ means any individual licensedto practice the healing arts specified in K.S.A. 65-

2869, K.S.A. 65-2870, or K.S.A. 65-2871, andamendments thereto.

(q) ‘‘Planned special exposure’’ means an infre-quent exposure to radiation, separate from and inaddition to the annual occupational dose limits.

(r) ‘‘Podiatry’’ means the activities authorizedand specified in K.S.A. 65-2001 et seq., andamendments thereto.

(s) ‘‘Pool irradiator’’ means any irradiator atwhich the sources are stored or used in a pool ofwater, including panoramic wet-source-storage ir-radiators and underwater irradiators.

(t) ‘‘Portable X-ray equipment’’ means X-rayequipment designed to be hand-carried.

(u) ‘‘Position indication device (PID)’’ means adevice on dental X-ray equipment used to indicatethe beam position and to establish a definitesource-to-skin-surface distance. A PID can incor-porate or serve as a beam-limiting device.

(v) ‘‘Positive beam limitation’’ means the au-tomatic or semiautomatic adjustment of an X-raybeam to the size of the selected image receptor.Exposures cannot be made without thisadjustment.

(w) ‘‘Practical examination’’ means a demon-stration by personnel through the application ofsafety principles, including the use of all proce-dures and equipment.

(x) ‘‘Preceptor’’ means an individual who pro-vides or directs the training and experience re-quired for another individual to become an au-thorized user, an authorized medical physicist, anauthorized nuclear pharmacist, or a radiationsafety officer.

(y) ‘‘Prescribed dosage’’ means the quantity ofradiopharmaceutical activity documented asfollows:

(1) In a written directive; or(2) either in the diagnostic clinical procedures

manual or in any appropriate record in accordancewith the directions of the authorized user for di-agnostic procedures.

(z) ‘‘Prescribed dose’’ means any of thefollowing:

(1) For gamma stereotactic radiosurgery, thetotal dose as documented in the written directive;

(2) for teletherapy, the total dose and dose perfraction as documented in the written directive;or

(3) for brachytherapy, either the total sourcestrength and exposure time or the total dose, asdocumented in the written directive.

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This term shall not apply to part 6 of theseregulations.(aa) ‘‘Primary beam’’ means ionizing radiation

that passes through an aperture of the sourcehousing by a direct path from the X-ray tube or aradioactive source located in the radiation sourcehousing.(bb) ‘‘Primary dose-monitoring system’’ means

a system that monitors the useful beam duringirradiation and that terminates irradiation when apreselected number of dose monitor units areacquired.(cc) ‘‘Primary protective barrier’’ means a bar-

rier of attenuating materials used to reduce theuseful X-ray beam to the required degree.(dd) ‘‘Product conveyor system’’ means a sys-

tem for moving the product to be irradiated to,from, and within the area where irradiation takesplace.(ee) ‘‘Projected dose’’ means a future dose cal-

culated for a specified time period on the basis ofestimated or measured initial concentrations of ra-dionuclides or exposure rates and in the absenceof protective actions.(ff) ‘‘Protective action’’ means an action taken

by members of the public to protect themselvesfrom radiation from an accident involving radio-active material. This term may include sheltering,evacuation, relocation, control of access, admin-istration of a radioprotective drug, decontamina-tion of persons, decontamination of land or prop-erty, and controls placed on food or water.(gg) ‘‘Protective action guide’’ means a pro-

jected dose from an accidental release of radio-active material at which protective action may beconsidered.(hh) ‘‘Protective apron’’ means an apron made

of radiation-absorbing materials used to reduceradiation exposure.(ii) ‘‘Protective barrier’’ means a barrier of at-

tenuating materials used to reduce radiation ex-posure to the required degree.(jj) ‘‘Protective glove’’ means a glove made of

radiation-absorbing materials used to reduce ra-diation exposure.(kk) ‘‘Public dose’’ means the dose received by

a member of the public from exposure to radia-tion, radioactive material released by a licensee orregistrant, or any other source of radiation underthe control of the licensee or registrant. This termshall not include an occupational dose, a dose re-ceived from background radiation, a dose receivedas a patient from medical practices, and a dose

received from voluntary participation in a medicalresearch program.(ll) ‘‘Pulse dose-rate remote afterloader’’

means a special type of remote afterloading brach-ytherapy device that meets all of the followingconditions:(1) The device uses a single source capable of

delivering more than 12 grays per hour.(2) The source activity of the device is approx-

imately one-tenth of the activity of typical highdose-rate remote afterloader sources.(3) The device is used to stimulate the radio-

biology of a low dose-rate treatment by insertingthe source for a given fraction of each hour.(mm) ‘‘Pyrophoric liquid’’ means any liquid

that ignites spontaneously in dry or moist air at orbelow 130 F (54.4 C).(nn) ‘‘Pyrophoric solid’’ means any solid ma-

terial, other than one classified as an explosive,that under normal conditions results in thefollowing:(1) Is liable to cause fires through friction or

retained heat from manufacturing or processing;(2) is ignited readily; and(3) if ignited, burns vigorously and persistently

enough to create a serious transportation, han-dling, or disposal hazard, including spontaneouslycombustible and water-reactive materials. (Au-thorized by K.S.A. 48-1607; implementing K.S.A.48-1603 and 48-1607; effective Dec. 30, 2005;amended July 27, 2007.)

28-35-135q. Definitions.As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘Qual-ified expert’’ means an individual having theknowledge and training to measure ionizing ra-diation, to evaluate safety techniques, and to ad-vise regarding radiation protection needs.(1) This term shall include any individual cer-

tified in the appropriate field by any of the follow-ing, or an individual with equivalent qualificationsas determined by the secretary:(A) The American board of radiology;(B) the American board of health physics; or(C) the American board of medical physics.(2) With reference to the calibration of radia-

tion therapy equipment, this term shall includeany individual having, in addition to the qualifi-cations specified in paragraph (1) of this subsec-tion, training and experience in the clinical appli-cations of radiation physics to radiation therapy,including any individual certified in either of the

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following, or an individual with equivalent quali-fications as determined by the secretary:

(A) Therapeutic radiological physics by theAmerican board of radiology; or

(B) X-ray and radium physics by the Americanboard of radiology.

(b) ‘‘Quality factor (Q)’’ means the modifyingfactor, as listed in tables I and II in K.A.R. 28-35-144a, used to derive the dose equivalent from theabsorbed dose.

(c) ‘‘Quarter’’ means a period of time that isequal to one-fourth of the year and is approxi-mately 13 consecutive weeks. The beginning ofthe first quarter in each year shall coincide withthe starting date of the year, and no day shall beomitted or duplicated in consecutive quarters.(Authorized by K.S.A. 48-1607; implementingK.S.A. 48-1603 and 48-1607; effective Dec. 30,2005.)

28-35-135r. Definitions. As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘Rad’’means the unit of absorbed dose. One rad equalsone-hundredth of a joule per kilogram of materialor the absorption of 100 ergs per gram of material.One millirad (mrad) equals 0.001 rad.

(b) ‘‘Radiation area’’ means any area that is ac-cessible to individuals, in which there exists radi-ation at such levels that, at 30 centimeters fromthe source of the radiation or any surface that theradiation penetrates, an individual could receive adose equivalent in excess of five millirems in onehour.

(c) ‘‘Radiation detector’’ means a device that,in the presence of radiation, provides a signal orother indication suitable for use in measuring oneor more quantities of incident radiation.

(d) ‘‘Radiation head’’ means the structure fromwhich the useful beam emerges.

(e) ‘‘Radiation machine’’ means either of thefollowing:

(1) Any device that is primarily intended toproduce, and is capable of producing, ionizing ra-diation; or

(2) any device that is not primarily intended toproduce, but does produce, ionizing radiation ata level greater than 0.5 mR/hr at any point fivecentimeters from its surface.

This term shall not mean any device that pro-duces ionizing radiation only by use of radioactivematerials.

(f) ‘‘Radiation room’’ means a shielded room in

which irradiations take place. Underwater irradi-ators shall not be deemed to have radiation rooms.

(g) ‘‘Radiation safety officer’’ means an individ-ual directly responsible for radiation protection.This term shall not apply to part 6 of theseregulations.

(h) ‘‘Radiation therapy simulation system’’means a radiographic or fluoroscopic X-ray systemintended for localizing the volume of tissue to beexposed during radiation therapy and confirmingthe position and size of the therapeutic irradiationfield.

(i) ‘‘Radioactive marker’’ means radioactivematerial placed subsurface or on a structure in-tended for subsurface use for the purpose ofdepth determination or direction orientation.

(j) ‘‘Radioactive material’’ means any material,in any chemical or physical form, that emits ra-diation spontaneously.

(k) ‘‘Radioactivity’’ means the disintegration ofunstable atomic nuclei by the emission ofradiation.

(l) ‘‘Radiograph’’ means an image receptor onwhich the image is created directly or indirectlyby an X-ray pattern that results in a permanentrecord.

(m) ‘‘Radiographer’’ means any individual whomeets the following conditions:

(1) Performs nonmedical radiographic opera-tions or, while in attendance at the site wherethose radiographic operations are being per-formed, personally supervises the operations; and

(2) is responsible to the licensee or registrant,or both, for ensuring compliance with the require-ments of these regulations or the conditions of thelicense, including any specific authorization by thedepartment to provide training to radiographictrainees.

(n) ‘‘Radiographer certification’’ means thewritten approval received from a certifying entitystating that an individual has satisfactorily met theradiation safety, testing, and experience criteria.

(o) ‘‘Radiographer’s assistant’’ means any indi-vidual who, under the personal supervision of aradiographer, uses radiation machines, radio-graphic exposure devices, sealed sources, or re-lated handling tools or survey instruments in in-dustrial radiography.

(p) ‘‘Radiographic exposure device’’ means anyinstrument with a sealed source fastened or con-tained in the instrument in which the sealedsource or shielding of the source can be moved orotherwise changed from a shielded to unshielded

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position for purposes of making a radiographicexposure.(q) ‘‘Radiographic imaging system’’ means any

system that produces a permanent or semiper-manent image on an image receptor by the actionof ionizing radiation.(r) ‘‘Radiographic operations’’ means all activ-

ities performed with a radiographic exposure de-vice or with a radiation machine. These activitiesshall include the following:(1) Transporting, except by common or con-

tract carriers;(2) storing at a temporary job site;(3) performing surveys to confirm the ade-

quacy of boundaries;(4) setting up equipment; and(5) any activity performed inside restricted

area boundaries.This term shall not include transporting a ra-

diation machine.(s) ‘‘Radiological physicist’’ means an individ-

ual who meets at least one of the followingrequirements:(1) Is certified by the American board of radi-

ology in any of the following:(A) Therapeutic radiological physics;(B) roentgen ray and gamma ray physics;(C) X-ray and radium physics; or(D) radiological physics;(2) is certified by the American board of med-

ical physics in radiation oncology physics; or(3) (A) Holds a master’s or doctoral degree in

physics, biophysics, radiological physics, or healthphysics; and(B) has completed one year of full-time train-

ing in therapeutic radiological physics and an ad-ditional year of full-time work experience underthe supervision of teletherapy physicist at a med-ical institution that includes duties that involveperforming calibration and spot checks of a med-ical accelerator or a sealed source teletherapyunit.(t) ‘‘Rating’’ means the operating limits speci-

fied by the component manufacturer.(u) ‘‘Recordable event’’ means the administra-

tion of any of the following:(1) A radiopharmaceutical or radiation without

a written directive if a written directive isrequired;(2) a radiopharmaceutical or radiation if a writ-

ten directive is required, without the daily record-ing of each administered radiopharmaceutical

dosage or radiation dose in the appropriaterecord;(3) a radiopharmaceutical dosage greater than

1.11 megabecquerels (30 Ci) of sodium iodideI-125 or I-131 if the administered dosage of bothdiffers from the prescribed dosage by more than10 percent of the prescribed dosage and if thedifference between the administered dosage andthe prescribed dosage exceeds 555 kilobecquerels(15 Ci);(4) a therapeutic radiopharmaceutical dosage,

other than sodium iodide I-125 or I-131, if theadministered dosage differs from the prescribeddosage by more than 10 percent of the prescribeddosage;(5) a teletherapy radiation dose if the calcu-

lated weekly administered dose exceeds theweekly prescribed dose by 15 percent or more ofthe weekly prescribed dose; or(6) a brachytherapy radiation dose if the cal-

culated administered dose differs from the pre-scribed dose by more than 10 percent of the pre-scribed dose.(v) ‘‘Recording’’ means producing a permanent

form of an image resulting from X-ray photons.(w) ‘‘Redundant beam-monitoring system’’

means a combination of two dose-monitoring sys-tems in which each system is designed to termi-nate irradiation in accordance with a preselectednumber of dose monitor units.(x) ‘‘Reference man’’ means a hypothetical ag-

gregation of human physical and physiologicalcharacteristics determined by international con-sensus. These characteristics may be used by re-searchers and public health workers to standard-ize the results of experiments and to relatebiological damage to a common base.(y) ‘‘Registrable item’’ means any radiation

machine.(z) ‘‘Registrant’’ means any person who is reg-

istered with the department and is legally obli-gated to register with the department accordingto these regulations.(aa) ‘‘Registration’’ means the process of com-

pleting and filing forms with the department asrequired by these regulations.(bb) ‘‘Relocation’’ means the removal or, after

a plume has passed, the continued exclusion ofpeople from contaminated areas to avoid a chronicradiation dose.(cc) ‘‘Rem’’ means the special unit of any of the

quantities expressed as dose equivalent. One mil-lirem (mrem) equals 0.001 rem.

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(dd) ‘‘Research and development’’ means ei-ther of the following:

(1) Theoretical analysis, exploration, or exper-imentation; or

(2) the extension of investigating findings andtheories of a scientific or technical nature intopractical application for experimental purposes,including the experimental production and testingof models, devices, equipment, materials, andprocesses.

Research and development, as used in theseregulations, shall not include the internal or ex-ternal administration of radiation or radioactivematerials to any individual.

(ee) ‘‘Respiratory protective equipment’’means any apparatus used to reduce an individ-ual’s intake of airborne radioactive materials.

(ff) ‘‘Response time’’ means the time requiredfor an instrument system to reach 90 percent ofits final reading when the radiation-sensitive vol-ume of the instrument system is exposed to a stepchange in radiation flux from zero to a level suf-ficient to provide a steady-state midscale reading.

(gg) ‘‘Restricted area’’ means any area to whichthe access is limited by the licensee or registrantto protect individuals against undue risks from ex-posure to sources of radiation. This term shall notinclude areas used as residential quarters. How-ever, separate rooms in a residential building maybe set apart and designated as a restricted area.(Authorized by K.S.A. 48-1607; implementingK.S.A. 48-1603 and 48-1607; effective Dec. 30,2005; amended July 27, 2007.)

28-35-135s. Definitions. As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘San-itary sewerage’’ means a system of public sewersto carry off waste water and refuse. This term shallexclude sewage treatment facilities, septic tanks,and leach fields owned or operated by the licenseeor registrant.

(b) ‘‘Scattered radiation’’ means radiation that,during its passage through matter, is deviated indirection.

(c) ‘‘Sealed source’’ means any radioactive ma-terial that is permanently encased in a capsule de-signed to prevent the leakage or escape of the ra-dioactive material.

(d) ‘‘Secondary dose-monitoring system’’means a system that terminates irradiation if theprimary system fails.

(e) ‘‘Secondary protective barrier’’ means a

barrier sufficient to attenuate stray radiation tothe required degree.

(f) ‘‘Secretary’’ means the secretary of the de-partment of health and environment.

(g) ‘‘Seismic area’’ means any area where theprobability of a horizontal acceleration in rock ofmore than 0.3 times the acceleration of gravity in250 years is greater than 10 percent, as designatedby the U.S. geological survey.

(h) ‘‘Shallow dose equivalent (Hs),’’ which ap-plies to the external exposure of the skin or anextremity, means the dose equivalent at a tissuedepth of 0.007 centimeter (7 mg/cm2) averagedover an area of one square centimeter.

(i) ‘‘Sheltering’’ means using a structure for ra-diation protection from an airborne plume con-taining radioactive material.

(j) ‘‘Shielded position’’ means the locationwithin the radiographic exposure device or storagecontainer that, by the manufacturer’s design, isthe proper location for storage of the sealedsource.

(k) ‘‘Shielded-room radiography using radia-tion machines’’ means industrial radiography us-ing radiation machines that meets the followingconditions:

(1) Is conducted in an enclosed room, the in-terior of which is not occupied during radio-graphic operations;

(2) is shielded so that every location on the ex-terior meets the conditions specified in K.A.R. 28-35-214a; and

(3) is accessible only through openings that areinterlocked so that the radiation machine will notoperate unless all openings are securely closed.

(l) ‘‘SI’’ means the abbreviation for the inter-national system of units.

(m) ‘‘Shutter’’ means a device attached to anX-ray tube housing assembly that can totally in-tercept the useful beam and that has a lead equiv-alency not less than that of the tube housingassembly.

(n) ‘‘Sievert’’ means the SI unit of any of thequantities expressed as a dose equivalent. Thedose equivalent in sieverts is equal to the ab-sorbed dose in grays multiplied by the quality fac-tor (1 Sv 5 100 rem).

(o) ‘‘Site area emergency’’ means an event thatcould occur, is in progress, or has occurred, thatcould lead to a significant release of radioactivematerial, and that could require a response by off-site response organizations to protect persons off-site.

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(p) ‘‘Site boundary’’ means that line beyondwhich the land or property is not owned, leased,or otherwise controlled by the licensee orregistrant.

(q) ‘‘Source’’ means the focal spot of the X-raytube.

(r) ‘‘Source assembly’’ means an assembly thatconsists of the sealed source and a connector thatattaches the source to the control cable.

(s) ‘‘Source changer’’ means a device designedand used for replacement of sealed sources in ra-diographic exposure devices, including those de-vices also used for transporting and storagingsealed sources.

(t) ‘‘Source holder’’ means a housing or assem-bly into which a radioactive source is placed forthe purpose of facilitating the handling and use ofthe source in well-logging operations.

(u) ‘‘Source-image receptor distance’’ and‘‘SID’’ mean the distance from the source to thecenter of the input surface of the image receptor.

(v) ‘‘Source material’’ means the following:(1) Uranium or thorium, or any combination of

these, in any physical or chemical form; or(2) ores that contain, by weight, 0.05 percent

or more of uranium, thorium, or any combinationof these.

The term ‘‘source material’’ shall not includespecial nuclear material.

(w) ‘‘Source material milling’’ means any activ-ity that results in the production of by-productmaterial.

(x) ‘‘Source of radiation’’ means any material,device, or equipment that emits or is capable ofproducing radiation.

(y) ‘‘Source-to-skin distance’’ and ‘‘SSD’’ meanthe distance between the source and the patient’sskin.

(z) ‘‘Special form’’ means any licensed materialthat meets either of the following conditions:

(1)(A) Is in solid form;(B) has at least one dimension measuring at

least five millimeters;(C) does not melt, sublime, or ignite in air at a

temperature of 1,000 F;(D) does not shatter or crumble if subjected to

the percussion test described in K.A.R. 28-35-144;and

(E) is not dissolved or converted into dispen-sable form to the extent of more than 0.005 per-cent by weight by immersion for one week in wa-ter at 68 F or in air at 86 F; or

(2)(A) Is in any physical form securely con-tained in a capsule;

(B) has at least one dimension measuring atleast five millimeters;

(C) will retain its contents if subjected to thetests described in K.A.R. 28-35-144; and

(D) is constructed of materials that do notmelt, sublime, or ignite in air at 1,475 F anddo not dissolve or convert into dispensable formto the extent of more than 0.005 percent byweight by immersion for one week in water at68 F or in air at 86 F.

(aa) ‘‘Special nuclear material’’ means either ofthe following:

(1) Plutonium, uranium-223, uranium en-riched in the isotope 233 or in the isotope 235,and any other material that the department de-clares by order to be special nuclear material afterthe U.S. nuclear regulatory commission, pursuantto the provisions of section 51 of the atomic en-ergy act of 1954, has determined the material tobe special nuclear material, except for source ma-terial; or

(2) any material artificially enriched as speci-fied in paragraph (aa)(1), except for sourcematerial.

(bb) ‘‘Special nuclear material in quantities notsufficient to form a critical mass’’ means any ofthe following:

(1) Uranium enriched in the isotope U-235, inquantities not exceeding 350 grams of containedU-235;

(2) uranium enriched in the isotope uranium-233, in quantities not exceeding 200 grams of con-tained U-233;

(3) plutonium not exceeding 200 grams; or(4) any combination of these special nuclear

materials in accordance with the followingformula:

grams ofcontainedU-235

grams ofcontainedU-233 gram of Pu+ + 1

350 200 200

The sum of the ratios for all of the kinds ofspecial nuclear material in combination shall notexceed one.

(cc) ‘‘Spot check’’ means a procedure that isperformed to ensure that a previous calibrationcontinues to be valid.

(dd) ‘‘Spot film’’ means a radiograph that ismade during a fluoroscopic examination or radi-

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ation therapy treatment to permanently recordconditions that exist during the procedure.

(ee) ‘‘Spot-film device’’ means a device in-tended either to transport and position a radio-graphic image receptor between the radiationsource and image receptor or to position a radio-graphic image receptor between the radiationsource and image receptor. This term shall in-clude a device intended to hold a cassette over theinput end of an image intensifier for the purposeof making a radiograph.

(ff) ‘‘Stationary beam therapy’’ means radiationtherapy without relative displacement of the use-ful beam and the patient during irradiation.

(gg) ‘‘Stationary X-ray equipment’’ means X-ray equipment that is installed in a fixed location.

(hh) ‘‘Stereotactic radiosurgery’’ means the useof external radiation in conjunction with a stere-otactic guidance device to very precisely deliver atherapeutic dose to a tissue volume.

(ii) ‘‘Stochastic effect’’ means a health effectthat occurs randomly and for which the probabil-ity of the occurrence of the effect, rather than theseverity of the effect, is assumed to be a linearfunction of dose without threshold. For purposesof these regulations, ‘‘probabilistic effect’’ shall beconsidered an equivalent term.

(jj) ‘‘Storage area’’ means any location, facility,or vehicle that is used to store, transport, or securea radiographic exposure device, radiation ma-chine, storage container, or sealed source whennot in use. Each storage area shall be locked orhave physical barriers to prevent accidental ex-posure, tampering, or unauthorized removal ofthe device, machine, sealed source, or container.

(kk) ‘‘Storage container’’ means a device inwhich radioactive materials are transported orstored.

(ll) ‘‘Stray radiation’’ means the sum of leakageradiation and scattered radiation.

(mm) ‘‘Structured educational program’’means an educational program designed to impartparticular knowledge and practical educationthrough interrelated studies and supervisedtraining.

(nn) ‘‘S-tube’’ means a tube through which theradioactive source travels when inside a radio-graphic exposure device.

(oo) ‘‘Subsurface studies’’ means the evalua-tion of parameters below the surface of the earth.

(pp) ‘‘Subsurface tracer study’’ means the re-lease of a substance tagged with radioactive ma-terial for the purpose of tracing the movement or

position of the tagged substance in the well boreor adjacent formation.

(qq) ‘‘Survey’’ means an evaluation of a radia-tion hazard resulting from the production, use,transfer, release, disposal, or presence of sourcesof radiation. This term shall include a physical sur-vey of the location of materials or equipment, orboth, and the measurements of levels of radiationcontamination or concentrations of radioactivematerials present. (Authorized by K.S.A. 48-1607;implementing K.S.A. 48-1603 and 48-1607; effec-tive Dec. 30, 2005.)

28-35-135t. Definitions. As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘Tar-get’’ means the part of a radiation head that bydesign intercepts a beam of accelerated particles,with the subsequent emission of other radiation.

(b) ‘‘Target-to-skin distance (TSD)’’ means thedistance measured along the beam axis from thecenter of the front surface of the X-ray target orelectron virtual source to the irradiated object orpatient.

(c) ‘‘Technique factors’’ means the conditionsof operation specified as follows:

(1) For capacitor energy storage equipment,peak tube potential in kV and quantity of chargein mAs;

(2) for field emission equipment rated forpulsed operation, peak tube potential in kV andnumber of X-ray pulses; and

(3) for all equipment not specified in para-graphs (c)(1) and (2), peak tube potential in kVand either the tube current in mA and the expo-sure time in seconds or the product of the tubecurrent and the exposure time in mAs.

(d) ‘‘Teletherapy’’ means therapeutic irradia-tion in which the source of radiation is located ata distance from the body.

(e) ‘‘Teletherapy physicist’’ means an individ-ual identified as the qualified teletherapy physiciston a department license.

(f) ‘‘Temporary job site’’ means a locationwhere operations are performed and wheresources of radiation may be stored, other than thelocation or locations of use authorized on the li-cense or registration.

(g) ‘‘Tenth-value layer (TVL)’’ means the thick-ness of a specified material that attenuates X-ra-diation or gamma radiation to the extent that theair kerma rate, exposure rate, or absorbed dose

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rate is reduced to one-tenth of the value measuredwithout the material at the same point.

(h) ‘‘Termination of irradiation’’ means thestopping of irradiation in a fashion not permittingthe continuance of irradiation without the reset-ting of operating conditions at the control panel.

(i) ‘‘Test’’ means the process of verifying com-pliance with an applicable regulation.

(j) ‘‘Therapeutic dosage’’ means a dosage ofunsealed byproduct material that is intended todeliver a radiation dose to a patient or human re-search subject for palliative or curative treatment.

(k) ‘‘Therapeutic dose’’ means a radiation dosedelivered from a source containing byproduct ma-terial to a patient or human research subject forpalliative or curative treatment.

(l) ‘‘Therapeutic-type tube housing’’ means thefollowing:

(1) For X-ray equipment not capable of oper-ating at 500 kVp or above, an X-ray tubehousing constructed so that the leakage radiation,at a distance of one meter from the source, doesnot exceed one roentgen in an hour when the tubeis operated at its maximum rated continuous cur-rent for the maximum rated tube potential; and

(2) for X-ray equipment capable of operatingat 500 kVp or above, an X-ray tube housing con-structed so that the leakage radiation, at a distanceof one meter from the source, does not exceed 0.1percent of the useful beam dose rate at one meterfrom the source for any of the tube’s operatingconditions.

Areas of reduced protection shall be acceptableif the average reading over any area of 100 cm2,at a distance of one meter from the source, doesnot exceed any of the values specified in thissubsection.

(m) ‘‘These regulations’’ means article 35 in itsentirety.

(n) ‘‘Tomogram’’ means the depiction of the X-ray attenuation properties of a section through thebody.

(o) ‘‘Total effective dose equivalent (TEDE)’’means the sum of the deep dose equivalent forexternal exposures and the committed effectivedose equivalent for internal exposures.

(p) ‘‘Total organ dose equivalent (TODE)’’means the sum of the deep dose equivalent andthe committed dose equivalent delivered to theorgan receiving the highest dose.

(q) ‘‘Traceable to a national standard’’ meansthat a quantity or a measurement has been com-pared to a national standard directly or indirectly

through one or more intermediate steps and thatall comparisons are documented.

(r) ‘‘Transport index’’ means the dimensionlessnumber, rounded up to the first decimal place,placed on the label of a package to designate thedegree of control to be exercised by the carrierduring transportation. The transport index is themaximum radiation level in millirems per hour atone meter from the external surface of thepackage.

(s) ‘‘Tritium neutron-generator-target source’’means a tritium source used within a neutron gen-erator tube to produce neutrons for use in well-logging applications.

(t) ‘‘Tube’’ means an X-ray tube, unless other-wise specified.

(u) ‘‘Tube housing assembly’’ means the tubehousing with a tube installed, including high-volt-age transformers or filament transformers, orboth, and other appropriate elements when con-tained within the tube housing.

(v) ‘‘Treatment site’’ means the anatomical de-scription of the tissue intended to receive a radi-ation dose, as specified in a written directive.

(w) ‘‘Tube rating chart’’ means the set of curvesthat describes the rated limits of operation of thetube in terms of the technique factors.

(x) ‘‘Type A package’’ means packaging that, to-gether with the radioactive contents limited to A1

or A2 as appropriate, is designed to retain the in-tegrity of containment and shielding under nor-mal conditions of transport as demonstrated bythe tests specified in 49 CFR 173.465 or 49 CFR173.466, as appropriate.

(y) ‘‘Type B package’’ and ‘‘type B transportcontainer’’ mean packaging that meets the appli-cable requirements specified in 10 CFR 71.51.(Authorized by K.S.A. 48-1607; implementingK.S.A. 48-1603 and 48-1607; effective Dec. 30,2005.)

28-35-135u. Definitions. As used inthese regulations, each of the following terms shallhave the meaning assigned in this regulation: (a)‘‘Underwater irradiator’’ means an irradiator inwhich the sources always remain shielded under-water and humans do not have access to the sealedsources or the space that is subject to irradiationwithout entering the pool.

(b) ‘‘Underwater radiography’’ means indus-trial radiography performed when the radio-graphic exposure device or the related equipmentis beneath the surface of the water.

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(c) ‘‘Unit dose’’ means a dosage prepared formedical use for administration to a patient or hu-man research subject as a single dosage, withoutany further manipulation of the dosage after thedosage is initially prepared.

(d) ‘‘Unrefined and unprocessed ore’’ meansore in its natural form before any processing, in-cluding grinding, roasting, beneficiating, orrefining.

(e) ‘‘Unrestricted area’’ means an area to whichaccess is neither limited nor controlled by the li-censee or registrant. For purposes of these regu-lations, ‘‘uncontrolled area’’ shall be considered anequivalent term.

(f) ‘‘Useful beam’’ means the part of the radi-ation that passes through a window, aperture,cone, or other collimating device. (Authorized byK.S.A. 48-1607; implementing K.S.A. 48-1603and 48-1607; effective Dec. 30, 2005.)

28-35-135v. Definitions.As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘Var-iable-aperture beam-limiting device’’ means abeam-limiting device that has the capacity forstepless adjustment of the X-ray field size at agiven SID.

(b) ‘‘Very high radiation area’’ means an areathat is accessible to individuals, in which radiationlevels could result in an individual receiving anabsorbed dose in excess of five Gy (500 rad) inone hour at one meter from a source of radiationor from any surface that the radiation penetrates.

(c) ‘‘Virtual source’’ means the point fromwhich radiation appears to originate.

(d) ‘‘Visible area’’ means that portion of the in-put surface of the image receptor over which in-cident X-ray photons produce a visible image.(Authorized by K.S.A. 48-1607; implementingK.S.A. 48-1603 and 48-1607; effective Dec. 30,2005.)

28-35-135w. Definitions. As used inthese regulations, each of the following terms shallhave the meaning assigned in this regulation: (a)‘‘Waste’’ means any low-level radioactive wastethat is acceptable for disposal in a land disposalfacility. Low-level radioactive waste shall mean ra-dioactive waste that meets both of the followingconditions:

(1) Is not classified as high-level radioactivewaste, spent nuclear fuel, byproduct material asdefined in the atomic energy act, uranium or tho-rium tailings, and waste; and

(2) is classified as low-level radioactive wasteconsistent with existing law and in accordancewith paragraph (a)(1) by the U.S. nuclear regula-tory commission.

(b) ‘‘Waste-handling licensee’’ means any per-son licensed to receive and store radioactivewastes before disposal, any person licensed to dis-pose of radioactive waste, or any person licensedto both receive and dispose of radioactive waste.

(c) ‘‘Wedge filter’’ means an added filter ef-fecting continuous, progressive attenuation of allor part of the useful beam.

(d) ‘‘Week’’ means seven consecutive days,starting on Sunday.

(e) ‘‘Weighting factor (wT) for an organ or tis-sue (T)’’ means the proportion of the risk of sto-chastic effects resulting from irradiation of thatorgan or tissue to the total risk of stochastic effectswhen the whole body is irradiated uniformly. Forcalculating the effective dose equivalent, the val-ues of wT shall be as follows:

ORGAN OR TISSUE DOSE WEIGHTING FACTORS

Organ orTissue (T) wT

Gonads 0.25Breast 0.15Red bone marrow 0.12Lung 0.12Thyroid 0.03Bone surfaces 0.03Remainder organs 0.30a

Whole body 1.00b

a 0.30 results from 0.06 for each of the five remainderorgans that receive the highest doses, excluding the skinand the lens of the eye.

b For the purpose of weighting the external whole bodydose in determining the total effective dose equivalent, asingle weighting factor, wT 5 1.0, is specified. The use ofother weighting factors for external exposure may be ap-proved by the secretary if the licensee or registrant dem-onstrates that the effective dose to be received is withinthe limits specified in these regulations.

(f) ‘‘Well bore’’ means a drilled hole in whichwireline service operations and subsurface tracerstudies are performed.

(g) ‘‘Well logging’’ means the lowering andraising of measuring devices or tools that couldcontain sources of radiation into well bores or cav-ities for the purpose of obtaining informationabout the well or adjacent formations.

(h) ‘‘Wet-source-change irradiator’’ means anirradiator whose sources are replaced underwater.

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(i) ‘‘Wet-source-storage irradiator’’ means anirradiator whose sources are stored underwater.

(j) ‘‘Whole body,’’ for purposes of external ex-posure, means the head and trunk, including themale gonads, and shall include the arms above theelbow and the legs above the knee.

(k) ‘‘Wireline’’ means a cable containing one ormore electrical conductors that is used to raiseand lower logging tools in the well bore.

(l) ‘‘Wireline service operation’’ means anyevaluation or mechanical service that is performedin the well bore using devices on a wireline.

(m) ‘‘Worker’’ means an individual, contractor,or subcontractor engaged in work that is per-formed under a license or registration, or both,issued by the department and that is controlled bya licensee or registrant, or both. This term shallnot include a specific licensee or registrant.

(n) ‘‘Working level (WL)’’ means any combi-nation of short-lived radon daughters in one literof air that will result in the ultimate emission of1.3E+5 MeV of potential alpha particle energy.The short-lived radon daughters are the following:

(1) For radon-222, the following:(A) Polonium-218;(B) lead-214;(C) bismuth-214; and(D) polonium-214; and(2) for radon-220, the following:(A) Polonium-216;(B) lead-212;(C) bismuth-212; and(D) polonium-212.(o) ‘‘Working-level month (WLM)’’ means an

exposure to one working level for 170 hours.(p) ‘‘Written directive’’ means a written order

for a specific patient that is dated and signed byan authorized user before the administration of aradiopharmaceutical or radiation and that con-tains any of the following sets of information:

(1) For any administration of quantities greaterthan 1.11 megabecquerels (30 Ci) of sodium io-dide I-125 or I-131, the radionuclide and dosage;

(2) for a therapeutic administration of a radi-opharmaeutical other than sodium iodide I-125 orI-131, the radiopharmaceutical, dosage, and routeof administration;

(3) for gamma stereotactic radiosurgery, thetarget coordinates, collimator size, plug pattern,and total dose;

(4) for teletherapy, the total dose, dose perfraction, treatment site, and overall treatmentperiod;

(5) for high dose-rate remote afterloadingbrachytherapy, the radionuclide, treatment site,and total dose; or

(6) for all other brachytherapy, the followinginformation:

(i) Before implantation, the radionuclide,number of sources, and source strengths; and

(ii) after implantation but before completion ofthe procedure, the radionuclide, treatment site,and either the total source strength and exposuretime or the total dose. (Authorized by K.S.A. 48-1607; implementing K.S.A. 48-1603 and 48-1607;effective Dec. 30, 2005.)

28-35-135x. Definitions.As used in theseregulations, each of the following terms shall havethe meaning assigned in this regulation: (a) ‘‘X-raycontrol’’ means a device that controls input powerto the X-ray high-voltage generator or the X-raytube, including timers, phototimers, automaticbrightness stabilizers, and similar devices thatcontrol the technique factors of an X-rayexposure.

(b) ‘‘X-ray equipment’’ means an X-ray systemor subsystem, or component of the system or sub-system, which may be mobile, stationary, orportable.

(c) ‘‘X-ray exposure control’’ means a device,switch, button, or other similar means by whichan operator initiates or terminates the radiationexposure. The X-ray exposure control may includeassociated equipment including timers andbackup timers.

(d) ‘‘X-ray field’’ means that area of the inter-section of the useful beam and any one of the setof planes parallel to and including the plane of theimage receptor, whose perimeter, as establishedby the beam-limiting device, is the locus of pointsat which the exposure rate is one-fourth of themaximum in the intersection.

(e) ‘‘X-ray high-voltage generator’’ means a de-vice that transforms electrical energy from the po-tential supplied by the X-ray control to the X-raytube. The device may also include the means fortransforming alternating current to direct current,filament transformers for the X-ray tube or tubes,high voltage switches, electrical protective de-vices, and other appropriate elements.

(f) ‘‘X-ray system’’ means an assemblage ofcomponents for the controlled production of X-rays. The X-ray system shall include, at a mini-mum, an X-ray high-voltage generator, an X-raycontrol, a tube housing assembly, a beam-limiting

28-35-140RADIATION

201

device, and supporting structures. Additionalcomponents that function with the system shall beconsidered integral parts of the system.(g) ‘‘X-ray table’’ means a patient-support de-

vice used during radiography and fluoroscopy.This term shall include any stretcher equippedwith a radiolucent panel and any table equippedwith a cassette tray or bucky, cassette tunnel, im-age intensifier, or spot-film device beneath thetabletop.(h) ‘‘X-ray tube’’ means any electron tube that

is designed for the conversion of electrical energyinto X-ray energy. (Authorized by K.S.A. 48-1607;implementing K.S.A. 48-1603 and 48-1607; effec-tive Dec. 30, 2005.)

28-35-135y. Definition. As used in theseregulations, ‘‘year’’ shall have the meaning as-signed in this regulation.‘‘Year’’ means the period of time beginning in

January and consisting of four consecutive quar-ters, as defined in K.A.R. 28-35-135q, that is usedto determine compliance with the provisions ofthese regulations. Any licensee or registrant maychange the starting date of the year used to de-termine compliance by the licensee or registrantif the change is made at the beginning of the yearand if no day is omitted or duplicated in any con-secutive year. (Authorized by K.S.A. 48-1607; im-plementing K.S.A. 48-1603 and 48-1607; effectiveDec. 30, 2005.)

28-35-136. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective Jan.1, 1970; amended Jan. 1, 1972; amended May 1,1976; amended, T-85-43, Dec. 19, 1984; amendedMay 1, 1985; revoked Dec. 30, 2005.)

28-35-137. Records.Each licensee or reg-istrant shall keep records showing the receipt,transfer, and disposal of all sources of radiation,and any other records specifically required bythese regulations. (Authorized by and implement-ing K.S.A. 1984 Supp. 48-1607; effective Jan. 1,1970; amended, T-85-43, Dec. 19, 1984; amendedMay 1, 1985.)

28-35-138. Inspections. (a) Each licenseeor registrant shall afford, at all reasonable times,the secretary or the secretary’s duly authorizedrepresentative the opportunity to inspect sourcesof radiation and the premises and installations inwhich such sources of radiation are used or stored.(b) Each licensee or registrant, upon reasona-

ble notice, shall make available, for inspection by

the secretary or the secretary’s duly authorizedrepresentative records maintained pursuant tothese regulations. (Authorized by K.S.A. 1984Supp. 48-1607; implementing K.S.A. 1984 Supp.48-1607, 48-1609; effective Jan. 1, 1970;amended, T-85-43, Dec. 19, 1984; amended May1, 1985.)

28-35-139. Testing and surveys. (a) Eachlicensee or registrant shall make, or cause to bemade, those surveys that are necessary for the li-censee or registrant to comply with theseregulations.(b) Each licensee or registrant shall perform,

upon instructions from the department, or shallpermit the department to perform, such reason-able tests as the department deems appropriate ornecessary, including, but not limited to, tests of:(1) Sources of radiation;(2) installations in which sources of radiation

are used or stored;(3) radiation detection and monitoring instru-

ments; and(4) other equipment and devices employed

during use or storage of licensed or registeredsources of radiation. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective Jan.1, 1970; amended, T-85-43, Dec. 19, 1984;amended May 1, 1985.)

28-35-140. Exemptions. (a) General pro-vision. The secretary, upon application for an ex-emption or upon the secretary’s own initiative,may grant exemptions or exceptions from therequirements of these regulations, if it is deter-mined that the exemption will not result in an un-due hazard to public health and safety, or toproperty.(b) Carriers. Common and contract carriers,

freight forwarders, and warehousemen, who aresubject to the rules and regulations of the U.S.department of transportation or the U.S. postalservice (39 CFR Parts 14 and 15), shall be exemptfrom these regulations to the extent that theytransport or store sources of radiation in the reg-ular course of their carriage for another. Privatecarriers who are subject to the rules and regula-tions of the U.S. department of transportationshall be exempt from these regulations to the ex-tent that they transport sources of radiation. Com-mon, contract, and private carriers who are notsubject to the rules and regulations of the U.S.department of transportation or the U.S. postal


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service shall be subject to applicable sections ofthese regulations.

(c) U.S. department of energy contractors andU.S. nuclear regulatory commission contractors.Any U.S. department of energy contractor or sub-contractor and any U.S. nuclear regulatory com-mission contractor or subcontractor operatingwithin this state shall be exempt from these reg-ulations to the extent that the contractor or sub-contractor, under the contract, receives, pos-sesses, uses, transfers or acquires sources ofradiation, and the contractor or subcontractor isincluded in one of the following categories:

(1) Prime contractors performing work for theU.S. department of energy at U.S. government-owned or controlled sites, including the transpor-tation of sources of radiation to or from such sitesand the performance of contract services duringtemporary interruptions of such transportation;

(2) prime contractors of the U.S. departmentof energy performing research in, or develop-ment, manufacture, storage, testing or transpor-tation of, atomic weapons or components ofatomic weapons;

(3) prime contractors of the U.S. departmentof energy using or operating nuclear reactors orother nuclear devices in a United States govern-ment-owned vehicle or vessel; and

(4) any other prime contractor or subcontrac-tor of the U.S. department of energy or the U.S.nuclear regulatory commission when the secretarydetermines that, under the terms of the contractor subcontract, there is adequate assurance thework can be accomplished without undue risk tothe public health and safety. (Authorized by andimplementing K.S.A. 1984 Supp. 48-1607; effec-tive Jan. 1, 1970; amended, T-85-43, Dec. 19,1984; amended May 1, 1985.)

28-35-141. Additional requirements. Atthe time of registration, at the time of action uponapplication for license or amendment to the li-cense, or upon inspection, the department shallspecify any requirements or conditions of use, orboth, that are necessary to ensure compliancewith these regulations under the particular usageto which the licensee or registrant proposes to putthe source of radiation. (Authorized by and im-plementing K.S.A. 1984 Supp. 48-1607; effectiveJan. 1, 1970; amended, T-85-43, Dec. 19, 1984;amended May 1, 1985.)

28-35-142. (Authorized by K.S.A. 1975Supp. 48-1607; effective Jan. 1, 1970; amended

May 1, 1976; revoked, T-85-43, Dec. 19, 1984;revoked May 1, 1985.)28-35-143. (Authorized by and imple-

menting K.S.A. 1984 Supp. 48-1607; effectiveMay 1, 1976; amended, T-85-43, Dec. 19, 1984;amended May 1, 1985; revoked Sept. 20, 1993.)28-35-144. Appendix B—Tests for spe-

cial form licensed material.(a) ‘‘Free Drop’’ means releasing material,

without thrust, from a point 30 feet above a flat,essentially unyielding, horizontal surface, so thatthe material strikes the surface.

(b) ‘‘Percussion’’ means impacting materialwith the flat, circular end of a one inch diametersteel rod weighing three pounds, by releasing thesteel rod a distance of forty inches above the sur-face of the material. The material shall be placedon a sheet of lead, of hardness number 3.5 to 4.5on the Vickers scale, and not more than one inchthick, supported by a smooth, essentially unyield-ing surface.

(c) Heating: heating in air to a temperature of1,475 F. and remaining at that temperature for aperiod of 10 minutes.

(d) Immersion: immersion for 24 hours in wa-ter at room temperature. The water shall be at pH6—pH 8, with a maximum conductivity of 10 mi-cromhos per centimeter. (Authorized by and im-plementing K.S.A. 1984 Supp. 48-1607; effectiveMay 1, 1976; amended, T-85-43, Dec. 19, 1984;amended May 1, 1985.)28-35-144a. (a) As used in these regula-

tions, the quality factors for converting absorbeddose to dose equivalent are shown in table I.

TABLE IQUALITY FACTORS AND ABSORBED DOSE

EQUIVALENCIES

TYPE OFRADIATION

Quality Factor

(Q)

Absorbed DoseEqual to

a Unit DoseEquivalenta

X, gamma, or betaradiation andhigh-speedelectrons 1 1

Alpha particles,multiple-charged parti-cles, fission frag-ments and heavyparticles of un-known charge 20 0.05

Neutrons of un-known energy 10 0.1

High-energyprotons 10 0.1

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203

a Absorbed dose in gray equal to 1 Sv or the absorbed dose in rad equal to 1

rem.

(b) If it is more convenient to measure the neu-tron fluence rate than to determine the neutrondose equivalent rate in sievert per hour or remper hour, as provided in K.A.R. 28-35-144a(a),0.01 Sv (1 rem) of neutron radiation of unknownenergies may, for purposes of these regulations,be assumed to result from a total fluence of 25million neutrons per square centimeter incidentupon the body. If sufficient information exists toestimate the approximate energy distribution ofthe neutrons, the licensee or registrant may usethe fluence rate per unit dose equivalent or theappropriate Q value from table II to convert ameasured tissue dose in gray or rad to dose equiv-alent in sievert or rem.

TABLE IIMEAN QUALITY FACTORS, Q, AND FLUENCE

PER UNIT DOSE EQUIVALENT FORMONOENERGETIC NEUTRONS

NeutronEnergy(MeV)

QualityFactor a

(Q)

Fluence per UnitDose Equivalent b

(neutronscm 2 rem 1)

Fluence per UnitDose Equivalent b

(neutronscm 2 Sv 1)

(thermal) 2.5E-8 2 980E+6 980E+81E-7 2 980E+6 980E+81E-6 2 810E+6 810E+81E-5 2 810E+6 810E+81E-4 2 840E+6 840E+81E-3 2 980E+6 980E+81E-2 2.5 1010E+6 1010E+81E-1 7.5 170E+6 170E+85E-1 11 39E+6 39E+81 11 27E+6 27E+82.5 9 29E+6 29E+85 8 23E+6 23E+87 7 24E+6 24E+8

10 6.5 24E+6 24E+814 7.5 17E+6 17E+820 8 16E+6 16E+840 7 14E+6 14E+860 5.5 16E+6 16E+81E+2 4 20E+6 20E+82E+2 3.5 19E+6 19E+83E+2 3.5 16E+6 16E+84E+2 3.5 14E+6 14E+8

a Value of quality factor (Q) at the point where the dose equivalent is maximumin a 30-centimeter diameter cylinder tissue-equivalent phantom.

a Value of quality factor (Q) at the point where the dose equivalent is maximumin a 30-centimeter diameter cylinder tissue-equivalent phantom.

b Monoenergetic neutrons incident normally on a 30-centimeter diameter cyl-inder tissue-equivalent phantom.

(Authorized by and implementing K.S.A. 1993Supp. 48-1607; effective Oct. 17, 1994.)

28-35-145. Initial license and registra-tion fees. (a) Each person required under part 3of these regulations to obtain a license for the useof radioactive, by-product, source, or special nu-clear materials shall submit to the department anapplication for a license and the applicable non-

refundable license fees specified in K.A.R. 28-35-147a.

(b) Each person required under part 2 of theseregulations to register a radiation machine shallsubmit to the department a registration form andthe applicable nonrefundable registration feesspecified in K.A.R. 28-35-147a. The fee for eachinitial registration made after March 31 shall beprorated by the department based on the numberof calendar quarters remaining in the annual reg-istration period.

(c) Each person paying an initial license fee orregistration fee specified in this regulation shallmake the payment by check, draft, credit card, ormoney order payable to the Kansas department ofhealth and environment. (Authorized by and im-plementing K.S.A. 48-1606, as amended by 2004SB 396, § 1, and K.S.A. 48-1607; effective May 1,1987; amended Oct. 8, 2004.)

28-35-146. Annual license and registra-tion fees. (a) Payment method. Each licensee orregistrant shall make annual fee payments bycheck, draft, credit card, or money order payableto the Kansas department of health andenvironment.

(b) Annual license fees. Each licensee shall sub-mit to the department the applicable nonrefund-able annual license fees specified in K.A.R. 28-35-147a on or before the last business day of themonth corresponding to the anniversary date ofthe license.

(c) Annual registration fees. Each registrantshall submit to the department a registration formand the applicable nonrefundable annual registra-tion fees specified in K.A.R. 28-35-147a on or be-fore March 1. If March 1 falls on a Saturday, Sun-day, or holiday, then the fee payment shall be dueon or before the next business day followingMarch 1. (Authorized by and implementingK.S.A. 48-1606, as amended by 2004 SB 396, § 1and K.S.A. 48-1607; effective May 1, 1987;amended May 1, 1988; amended Oct. 8, 2004.)

28-35-146a. Determination of hourlyrate and full cost; fee payments. (a) Hourlyrate. If the department charges a fee to providethe following and there is no established fee cat-egory in K.A.R. 28-35-147a, the hourly ratecharged shall be $55.00:

(1) Any radiation protection service that the de-partment provides to a nonlicensee or nonregis-trant; and

(2) any radiation control program activity.


204

(b) Full cost. For each full-cost category spec-ified in K.A.R. 28-35-147a(d)(1), the initial appli-cation fee, annual fee, and amendment fees shallbe paid in accordance with the followingrequirements:

(1) Each applicant shall pay a nonrefundableinitial application fee of $500,000 to cover the ac-tual costs incurred by the department to reviewthe initial license application.

(A) If the initial application fee exceeds the ac-tual cost of reviewing the initial application, theoverage shall be credited to the annual fee for thefollowing fiscal year.

(B) If the initial application fee is less than theactual cost of reviewing the initial application, thedifference shall be due within 30 days of receiptof written notification from the secretary. No li-cense shall be issued until all required fees arepaid in full.

(2) Each licensee shall pay a nonrefundable an-nual fee to cover the actual cost incurred by thedepartment to service the license and any amend-ments to the license.

(A) If the annual fee exceeds the actual cost ofservicing the license and any amendments, theoverage shall be credited to the annual fee for thefollowing fiscal year.

(B) If the annual fee paid for any fiscal year isless than the actual cost to the department, thedifference shall be due within 30 days of receiptof written notification from the secretary.

(c) Fee payments. Each fee payment specifiedin subsection (b) shall be made in accordance withthe following requirements:

(1) Each initial application for which a licensefee is required shall be accompanied by the fullamount of the fee. Any application for which a feeis not received may be returned to the applicant.

(2) On or before June 1 of the fiscal year pre-ceding the fiscal year for which the annual feeapplies, the licensee shall be notified by the sec-retary of the amount of the annual fee.

(3) Each fee payment shall be submitted within30 days of receipt of written notification from thesecretary of the annual fee, or by July 1, whicheverdate is earlier.

(4) Each fee payment shall be made by check,draft, money order, or electronic fund transferpayable to the department. (Authorized by andimplementing K.S.A. 48-1606, as amended by L.2004, ch. 106, § 1; effective Oct. 8, 2004.)

28-35-147. (Authorized by and imple-

menting K.S.A. 1990 Supp. 48-1606; effectiveMay 1, 1987; amended May 1, 1988; amendedMarch 16, 1992; revoked Oct. 8, 2004.)

28-35-147a. Schedule of fees. Each feefor an initial license application or registrationshall be equal to the sum of the annual fees for allapplicable categories. Each annual fee for a li-cense or registration shall be equal to the sum ofthe annual fees for all applicable categories. Thefollowing fees shall be paid as specified in K.A.R.28-35-145 and 28-35-146:

(a) Special nuclear material.(1) Licenses for possession and use of special

nuclear material in sealed sources contained indevices used in industrial measuring systems.

Annual fee ................................ $625.00(2) Any licenses not otherwise specified in this

regulation for possession and use of special nu-clear material, except licenses authorizing specialnuclear material in unsealed form in combinationthat would constitute a critical mass.

Annual fee ................................ $1,450.00(b) Source material.(1) Licenses that authorize only the possession,

use, or installation of source material for shielding.Annual fee ................................ $235.00(2) All other source material licenses not oth-

erwise specified in this regulation.Annual fee ................................ $3,650.00(c) Radioactive or by-product material.(1) Licenses of broad scope for possession and

use of radioactive or by-product material issuedfor processing or manufacturing items containingradioactive or by-product material for commercialdistribution.

Annual fee ................................ $7,000.00(2) Other licenses for possession and use of ra-

dioactive or by-product material issued for proc-essing or manufacturing items containing radio-active or by-product material for commercialdistribution.

Annual fee ................................ $2,150.00(3) Licenses authorizing the processing or man-

ufacturing and distribution or redistribution of ra-diopharmaceuticals, generators, reagent kits,sources, or devices containing radioactive or by-product material. This category shall include thepossession and use of source material for shieldingwhen included on the same license.

Annual fee ................................ $3,500.00(4) Licenses authorizing distribution or redis-

tribution of radiopharmaceuticals, generators, re-

28-35-147aRADIATION

205

agent kits, sources, or devices not involving proc-essing of radioactive or by-product material. Thiscategory shall include the possession and use ofsource material for shielding when included onthe same license.

Annual fee ................................ $1,525.00(5) Licenses for possession and use of radioac-

tive or by-product material in sealed sources forirradiation of materials in which the source is notremoved from its shield.

Annual fee ................................ $1,155.00(6) Licenses for possession and use of less than

10,000 curies of radioactive or by-product mate-rial in sealed sources for irradiation of materialsin which the source is exposed for irradiation pur-poses. This category shall include underwater ir-radiators for irradiation of materials in which thesource is not exposed for irradiation purposes.

Annual fee ................................ $2,115.00(7) Licenses for possession and use of more

than 10,000 curies of radioactive or by-productmaterial in sealed sources for irradiation of ma-terials in which the source is exposed for irradia-tion purposes. This category shall include under-water irradiators for irradiation of materials inwhich the source is not exposed for irradiationpurposes.

Annual fee ................................ $7,725.00(8) Licenses issued to distribute items contain-

ing radioactive or by-product material that requiredevice review to persons exempt from licensing,except specific licenses authorizing redistributionof items that have been authorized for distributionto persons exempt from licensing.

Annual fee ................................ $1,920.00(9) Licenses issued to distribute items contain-

ing radioactive or by-product material or quanti-ties of radioactive or by-product material that donot require device review to persons exempt fromlicensing, except for specific licenses authorizingredistribution of items that have been authorizedfor distribution to persons exempt from licensing.

Annual fee ................................ $1,950.00(10) Licenses issued to distribute items con-

taining radioactive or by-product material that re-quire a safety review of the sealed source or deviceto any person with a general license, except spe-cific licenses authorizing redistribution of itemsthat have been authorized for distribution to anyperson with a general license.

Annual fee ................................ $700.00(11) Licenses issued to distribute items con-

taining radioactive or by-product material or

quantities of radioactive or by-product materialthat do not require a safety review of the sealedsource or device to any person with a general li-cense, except specific licenses authorizing redis-tribution of items that have been authorized fordistribution to any person with a general license.

Annual fee ................................ $450.00(12) Licenses of broad scope for possession and

use of radioactive or by-product material issuedfor research and development that do not author-ize commercial distribution.

Annual fee ................................ $3,800.00(13) Other licenses for possession and use of

radioactive or by-product material issued for re-search and development that do not authorizecommercial distribution.

Annual fee ................................ $1,800.00(14) Licenses that authorize services for other

licensees, except the following:(A) Licenses that authorize only calibration or

leak testing services, or both, shall be subject tothe fee specified in paragraph (c)(16).

(B) Licenses that authorize waste disposal serv-ices shall be subject to the fees specified in thefee categories in subsection (d).

Annual fee ................................ $1,950.00(15) Licenses for possession and use of radio-

active or by-product material for industrial radi-ography operations. This category shall includethe possession and use of source material forshielding when authorized on the same license.

Annual fee ................................ $3,925.00(16) All other specific radioactive or by-product

material licenses not otherwise specified in thisregulation.

Annual fee ................................ $800.00(17) Registration of general licenses for devices

or sources specified in part 3 of this article, exceptthose authorized by K.A.R. 28-35-178f.

Annual fee ................................ $145.00(d) Waste disposal and processing.(1) Licenses authorizing the possession and use

of radioactive or by-product material, source ma-terial, or special nuclear material waste for a com-mercial, low-level radioactive waste disposalfacility.

Annual fee ................................ Full cost,as specified in K.A.R. 28-35-146a

(A) Amendment to license concerning safetyand environmental questions.

Amendment fee ......................... Full cost,as specified in K.A.R. 28-35-146a


206

(B) Amendment to license concerning admin-istration questions.

Amendment fee ......................... Full cost,as specified in K.A.R. 28-35-146a

(2) Licenses specifically authorizing the receiptof radioactive or by-product material, source ma-terial, or special nuclear material waste from otherpersons for the purpose of packaging or repack-aging the material. The licensee shall dispose ofthe material by transfer to another person au-thorized to receive or dispose of the material.

Annual fee ................................ $3,295.00(3) Licenses specifically authorizing the receipt

of prepackaged radioactive or by-product mate-rial, source material, or special nuclear materialwaste from other persons. The licensee shall dis-pose of the material by transfer to another personauthorized to receive or dispose of the material.

Annual fee ................................ $2,370.00(e) Well logging.(1) Licenses for possession and use of radioac-

tive or by-product material, source material, orspecial nuclear material for well logging, well sur-veys, and tracer studies other than field floodingtracer studies.

Annual fee ................................ $1,525.00(2) Licenses for possession and use of radioac-

tive or by-product material for field floodingtracer studies.

Annual fee ................................ $1,525.00(f) Nuclear laundries.Licenses for commercial collection and laundry

of items contaminated with radioactive or by-product material, source material, or special nu-clear material.

Annual fee ................................ $7,400.00(g) Medical licenses.(1) Licenses issued for human use of radioactive

or by-product material, source material, or specialnuclear material in sealed sources contained in te-letherapy devices. This category shall include thepossession and use of source material for shieldingwhen authorized on the same license.

Annual fee ................................ $3,520.00(2) Licenses of broad scope issued to medical

institutions or two or more physicians authorizingresearch and development, including human useof radioactive or by-product material, except li-censes for radioactive or by-product material,source material, or special nuclear material insealed sources contained in teletherapy devices.This category shall include the possession and useof source material for shielding when authorized

on the same license. Separate annual fees shall notbe assessed for pacemaker licenses issued to med-ical institutions who also hold nuclear medicinelicenses under categories in this paragraph or par-agraph (g)(3).

Annual fee ................................ $7,925.00(3) Other licenses issued for human use of ra-

dioactive or by-product material, source material,or special nuclear material, except licenses for ra-dioactive or by-product material, source material,or special nuclear material in sealed sources con-tained in teletherapy devices. This category shallinclude the possession and use of source materialfor shielding when authorized on the same li-cense. Separate annual fees shall not be assessedfor pacemaker licenses issued to medical institu-tions who also hold nuclear medicine licenses un-der categories in this paragraph or paragraph(g)(2).

Annual fee ................................ $1,475.00(h) Civil defense.Licenses for possession and use of radioactive

or by-product material, source material, or specialnuclear material for civil defense activities.

Annual fee ................................ $415.00(i) Device, product, or sealed source safety

evaluation.(1) Safety evaluation review of each device or

product containing radioactive or by-product ma-terial, source material, or special nuclear material,except any reactor fuel device, for commercial dis-tribution. This fee shall apply to each device orproduct.

Fee .......................................... $2,250.00(2) Safety evaluation review of each device or

product containing radioactive or by-product ma-terial, source material, or special nuclear materialmanufactured in accordance with the uniquespecifications of, and for use by, a single applicant,except any reactor fuel device. This fee shall applyto each device or product.

Fee .......................................... $2,250.00(3) Safety evaluation of each sealed source con-

taining radioactive or by-product material, sourcematerial, or special nuclear material, except re-actor fuel, for commercial distribution. This feeshall apply to each sealed source.

Fee .......................................... $725.00(4) Safety evaluation of each sealed source con-

taining radioactive or by-product material, sourcematerial, or special nuclear material manufac-tured in accordance with the unique specifications

28-35-158RADIATION

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of, and for use by, a single applicant. This fee shallapply to each sealed source.

Fee .......................................... $250.00(j) Reciprocity.(1) Licensees who conduct activities under a re-

ciprocal agreement.Annual fee ................................ $480.00(2) Registrants who conduct activities under a

reciprocal agreement.Annual fee ................................ $105.00(k) X-ray machines.(1) Base registration fee per facility.Annual fee ................................ $105.00(2) Registration fee for each x-ray tube at a fa-

cility. This fee shall be in addition to the base reg-istration fee.

Annual fee per x-ray tube ............ $25.00(l) Particle accelerators.Annual fee ................................ $100.00

(Authorized by and implementing K.S.A. 48-1606,as amended by 2004 SB 396, § 1; effective Oct. 8,2004.)

28-35-148. Deliberate misconduct. (a)This regulation shall apply to the following:

(1) Each licensee;(2) each registrant;(3) each applicant for a license;(4) each employee of a licensee, registrant, or

applicant; and(5) each contractor, including each supplier,

consultant, subcontractor, and employee of a con-tractor or subcontractor of any licensee, regis-trant, or applicant for a license.

(b) Each individual specified in subsection (a)who knowingly provides to any licensee, applicant,registrant, contractor, or subcontractor any com-ponents, equipment, materials, or other goods orservices that relate to a licensee’s, registrant’s, orapplicant’s activities in this article shall be prohib-ited from engaging in deliberate misconduct, asdefined in K.A.R. 28-35-135d.

(c) Any person who violates the requirementsof this regulation may be subject to enforcementaction pursuant to K.S.A. 48-1613, and amend-ments thereto. (Authorized by and implementingK.S.A. 48-1607 and 48-1613; effective Dec. 30,2005.)

28-35-149 to 28-35-151. Reserved.

PART 2.—RADIATION PRODUCING MACHINES

28-35-152. Persons registered. Any per-son possessing a registrable item shall register

with the department in accordance with the rulesand regulations in this part. (Authorized by andimplementing K.S.A. 1984 Supp. 48-1607; effec-tive Jan. 1, 1970; amendedMay 1, 1976; amended,T-85-43, Dec. 19, 1984; amended May 1, 1985.)

28-35-153. Initial registration. Any per-son who is not registered and who acquires pos-session of a registrable item shall register with thedepartment, within 30 days of the date of acquir-ing the item. (Authorized by and implementingK.S.A. 1984 Supp. 48-1607; effective Jan. 1, 1970;amended, T-85-43, Dec. 19, 1984; amended May1, 1985.)

28-35-154. Renewal of registration.Each registrant who possesses a radiation-produc-ing device shall reregister with the department an-nually. This registration shall be submitted on orbefore March 1 of each year. (Authorized by andimplementing K.S.A. 48-1607; effective Jan. 1,1970; amended, T-85-43, Dec. 19, 1984; amendedMay 1, 1985; amended Dec. 30, 2005.)

28-35-155. Registration form. Registra-tion shall be made upon forms devised and fur-nished by the department. Each registrant shallprovide all the information called for by the formand any additional information requested by thedepartment. (Authorized by and implementingK.S.A. 1984 Supp. 48-1607; effective Jan. 1, 1970;amended, T-85-43, Dec. 19, 1984; amended May1, 1985.)

28-35-156. Separate installations. Ex-cept as otherwise provided in K.A.R. 28-35-157,and any amendment to that rule and regulation, aseparate registration form shall be completed foreach installation. (Authorized by and implement-ing K.S.A. 1984 Supp. 48-1607; effective Jan. 1,1970; amended, T-85-43, Dec. 19, 1984; amendedMay 1, 1985.)

28-35-157. Special registration. If thereporting of each installation, or other informationcalled for, is impractical, the secretary, upon thewritten request of a person and upon a findingthat the public health and safety would not be ad-versely affected, may approve registration in suchspecial form as the secretary may prescribe. (Au-thorized by and implementing K.S.A. 1984 Supp.48-1607; effective Jan. 1, 1970; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985.)

28-35-158. Report of change. If a changeis made on any x-ray equipment or other device


208

producing radiation, or to any installation, so thatinformation on file with the department is nolonger accurate, the registrant shall notify the de-partment, in writing, of the change, within 30 daysof the date the change was made. (Authorized byand implementing K.S.A. 1984 Supp. 48-1607; ef-fective Jan. 1, 1970; amended, T-85-43, Dec. 19,1984; amended May 1, 1985.)

28-35-159. Registration shall not implyapproval. A person shall not refer, in any form ofadvertisement, to the fact a registrable item is reg-istered with the department, or state or imply thatany installation registered with the department isapproved by the department. (Authorized by andimplementing K.S.A. 1984 Supp. 48-1607; effec-tive Jan. 1, 1970; amended, T-85-43, Dec. 19,1984; amended May 1, 1985.)

28-35-160. Vendor notification. (a) Eachdistributor, retailer, or other person who sells,leases, transfers, or lends any registrable item oritems 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 items;(2) the name of the manufacturer and the

model number of the item or items transferred;and(3) the date on which the registrable item or

items were transferred.(b) No person shall make, sell, lease, transfer,

lend, assemble, or install radiation machines orthe supplies used in connection with these ma-chines unless the machines and supplies, whenproperly placed in operation and used, meet therequirements of these regulations. (Authorized byand implementing K.S.A. 48-1607; effective Jan.1, 1970; amended, T-85-43, Dec. 19, 1984;amended May 1, 1985; amended Dec. 30, 2005.)

28-35-161. Discontinuance of use. If aregistrant ceases to use a registrable item or items,for any reason, the registrant or the duly author-ized representative of the registrant’s estate shallgive written notice to the department of the ces-sation of use. The notice shall be provided within30 days of the date that the registrant ceases touse the registrable item or items, and shall statethe date on which use of the item or items wasdiscontinued and the manner in which the regis-trable item or items were disposed. (Authorizedby and implementing K.S.A. 1984 Supp. 48-1607;

effective Jan. 1, 1970; amended, T-85-43, Dec. 19,1984; amended May 1, 1985.)

28-35-162. Exclusion from registration.The following equipment shall not be required tobe registered: (a) Electronic equipment that pro-duces radiation incidental to its operation forother purposes, if the dose equivalent rate aver-aged over an area of 10 square centimeters doesnot exceed five Sv (0.5 millirem) per hour at fivecentimeters from any accessible surface of theequipment.(b) radiation-producing equipment that is in

transit or is in storage incident to transit; and(c) domestic television receivers. (Authorized

by and implementing K.S.A. 48-1607; effectiveJan. 1, 1970; amended May 1, 1976; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985;amended Dec. 30, 2005.)

28-35-163. Excluded possessors. (a) Ex-cept as provided in subsection (b), a common car-rier or contract carrier operating within this statewho is in possession of a registrable item or itemsshall be exempt from the provisions of these reg-ulations, if the carrier possesses the registrableitem or items for another person, solely for thepurpose of transporting or storing the item oritems.(b) Each common carrier or contract carrier

shall be subject to the provisions of K.A.R. 28-35-228a and 28-35-229a, and any amendments ofthose rules and regulations. (Authorized by andimplementing K.S.A. 1984 Supp. 48-1607; effec-tive Jan. 1, 1970; amended, T-85-43, Dec. 19,1984; amended May 1, 1985.)

28-35-164. Temporary use or storage ofregistrable items. Any person desiring to bringa registrable item into this state for temporary useor storage shall give written notice to the depart-ment before bringing the item into this state. Thenotice shall be given to the department at leastfive days before the item is to be brought into thisstate and shall include the type and energy of theradiation source, the nature and scope of the useor storage, the proposed duration of use or stor-age, and the exact location where the radiationsource is to be used or stored. If, in a specific case,the five day period would impose an undue hard-ship on the person, the person, upon applicationby letter or telegram to the department, may ob-tain permission to proceed at an earlier date.In addition, the person shall:

28-35-168RADIATION

209

(a) Comply with all applicable regulations forthe department; and

(b) supply the department with such other in-formation as it may request.

If a registrable item is kept in the state for atotal of 30 days, in a period of 12 consecutivemonths, it shall be considered to be permanentlylocated in the state and shall be subject to theregistration provision of these regulations. (Au-thorized by and implementing K.S.A. 1984 Supp.48-1607; effective Jan. 1, 1970; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985.)

28-35-165. Disposal of registereditems. Whenever any person disposes of a regis-trable item, or items, by any method, the person,or in the event of the person’s death, the repre-sentative of the person’s estate, shall give writtennotice to the department of the disposal within 30days. The notice shall include the date of disposal,the method of disposal, and, if transferred to an-other person, the name and address of the recip-ient. (Authorized by and implementing K.S.A.1984 Supp. 48-1607; effective Jan. 1, 1970;amended, T-85-43, Dec. 19, 1984; amended May1, 1985.)

28-35-166. Shoe fitting, fluoroscopicmachines; prohibition of. No person shall in-stall, operate or maintain any device or machinewithin the state of Kansas which uses fluoroscopic,X-ray or radiation principles for the purpose offitting shoes. (Authorized by and implementingK.S.A. 1984 Supp. 48-1607; effective Jan. 1, 1970;amended, T-85-43, Dec. 19, 1984; amended May1, 1985.)

28-35-167. Shielding plan for radiation-producing devices. (a) Before construction, thefloor plan or plans, shielding specifications, andequipment arrangement of all new installations,or modifications of existing installations, utilizingionizing radiation machines shall be submitted tothe department for review and consideration forapproval, with the information specified in K.A.R.28-35-168 and K.A.R. 28-35-169 of this part.(b) If the applicant is not a qualified expert,

then the applicant may be required to utilize theservices of a qualified expert to determine theshielding specifications before the secretary’s re-view and consideration for approval of the shield-ing plan.(c) The approval of the shielding specifications

shall not preclude the requirement of additional

modifications if a subsequent analysis of operatingconditions indicates the possibility that an individ-ual could receive a dose in excess of the limitsprescribed in K.A.R. 28-35-212a and K.A.R. 28-35-214a.(d) After installation of each radiationmachine,

the registrant shall maintain the following recordsfor inspection by the department:(1) The maximum rated technique factors of

the machine;(2) a scale drawing of the room in which the

stationary radiation machine system is located.This drawing shall indicate the use of areas adja-cent to the room and an estimation of the extentof occupancy by an individual in these areas. Thedrawing shall include either of the following:(A) The results of a survey for radiation levels

present at the operator’s position and at pointssurveyed outside the room, and the specific testconditions used; or(B) the type and thickness of materials, or the

lead equivalency, of each protective barrier.(e) A qualified expert, who shall be approved

by the department, shall be consulted in the de-sign of each particle accelerator installation andshall be called upon to perform a radiation surveywhen the accelerator is first capable of producingradiation.(f) Each particle accelerator installation shall

be provided with any primary or secondary bar-riers, or both, that are necessary to ensure com-pliance with the following:(1) K.A.R. 28-35-212a;(2) K.A.R. 28-35-212c;(3) K.A.R. 28-35-212d;(4) K.A.R. 28-35-212f;(5) K.A.R. 28-35-212g;(6) K.A.R. 28-35-213a;(7) K.A.R. 28-35-214a; and(8) K.A.R. 28-35-214b. (Authorized by and im-

plementing K.S.A. 48-1607; effective Dec. 30,2005.)

28-35-168. Information on radiationshielding required for plan reviews.Each reg-istrant shall submit the following information asspecified 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 port’s travel and traverse limits;


210

(C) the general direction or directions of theuseful beam;

(D) the locations of any windows and doorsand any other openings;

(E) the location of the operator’s booth; and(F) the location of the control panel;(2) the type and thickness of materials, or the

lead equivalency, of all walls, doors, partitions,floors, and ceilings of each room;

(3) the dimensions of each room;(4) the type of occupancy of all adjacent areas,

inclusive of the space above and below each room.If there is an exterior wall, the distance to theclosest area or areas where individuals are likelyto be present shall be shown;

(5) the make and model of the equipment, themaximum technique factors, and the energy wave-form; and

(6) each type of examination or treatment, orboth, that will be performed with the equipment;

(b) information on the anticipated workload ofthe system or systems in mA-minutes per week;and

(c) a report showing all basic assumptions usedin the development of the shielding specifications.(Authorized by and implementing K.S.A. 48-1607;effective Dec. 30, 2005.)

28-35-169. Design requirements for anoperator’s booth. (a) Space requirements.

(1) Each operator shall be allotted adequateroom to operate the unit effectively.

(2) In determining whether the allotted spaceis adequate, any encumbrance by the controlpanel, overhang, cables, or other similar encroach-ments shall be evaluated.

(3) The booth shall be located or constructedso that unattenuated direct scattered radiationoriginating on the examination table or at the wallcassette cannot reach the operator’s station in thebooth.

(b) Structural requirements. Shielding shall beprovided to meet the requirements of K.A.R. 28-35-211a through K.A.R. 28-35-234a of theseregulations.

(c) Control placement. The control for the sys-tem shall be fixed within the booth.

(1) The operation of the radiation-producingdevices shall be possible only from within thebooth.

(2) The location of the control shall allow theoperator to use the majority of the available view-ing systems.

(d) Viewing system requirements.(1) Each booth shall have at least one viewing

device positioned so that both of the followingconditions are met:

(A) The operator can view the patient duringany exposure.

(B) The operator can have full view of any oc-cupant of the room and anyone who enters theroom. If any door allowing access to the room can-not be seen from the booth, that door shall havean interlock control that prevents exposure if thedoor is not closed.

(2) If the viewing system is a window, the win-dow shall have the same lead equivalence as thatrequired for the booth’s wall in which the windowis mounted.

(3) If the viewing system is by mirrors, eachmirror shall be positioned so that the require-ments of K.A.R. 28-35-254(d)(1) are met.

(4) If the viewing system utilizes a camera,both of the following requirements shall be met:

(A) The camera shall be positioned so that therequirements of K.A.R. 28-35-254(d)(1) are met.

(B) An alternate viewing system shall be pro-vided as a backup for the primary system. (Au-thorized by and implementing K.S.A. 48-1607; ef-fective Dec. 30, 2005.)

28-35-170 to 28-35-174. Reserved.

PART 3.—LICENSING OF SOURCES OFRADIATION

28-35-175. (Authorized by K.S.A. 1975Supp. 48-1607; effective Jan. 1, 1970; amendedJan. 1, 1972; amended May 1, 1976; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

28-35-175a. Persons licensed. (a) A li-censed person shall not receive, use, possess,transfer, or dispose of radioactive material, exceptas authorized in a specific or general license issuedpursuant to these regulations. Each manufacturer,producer, or processor of any equipment, device,commodity, or other product containing source orbyproduct material for which subsequent posses-sion, use, transfer, and disposal by any other per-son is exempted from these regulations shall ob-tain authority to transfer possession or control tothe other person from the U.S. nuclear regulatorycommission.

(b) In addition to the requirements of this part,each licensee shall be subject to the requirementsof part 1, part 4, and part 10 of these regulations.In addition to being subject to part 1, part 4, and

28-35-177aRADIATION

211

part 10, specific licensees shall be subject to all ofthe following requirements:(1) Licensees using radioactive material in the

healing arts shall be subject to the requirementsof part 6.(2) Licensees using radioactive material in in-

dustrial radiography shall be subject to therequirements of part 7.(3) Licensees using radioactive material in

wireline and subsurface tracer studies shall besubject to the requirements of part 11 of theseregulations. (Authorized by and implementingK.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985;effective May 1, 1986; amended Dec. 30, 2005.)

28-35-176. (Authorized by K.S.A. 1975Supp. 48-1607; effective Jan. 1, 1970; amendedMay 1, 1976; revoked, T-86-37, Dec. 11, 1985;revoked May 1, 1986.)

28-35-176a. Types of licenses. Licensesfor radioactive materials shall be either of the fol-lowing types:(a) Each general license shall be effective with-

out the filing of an application with the depart-ment or the issuance of a licensing document toa particular person, although the filing of a certi-fication with the department may be a require-ment of the license. Each general licensee shallbe subject to all other applicable portions of theseregulations and any limitations of the general li-cense. Any licensee may be required by the sec-retary to register a general license to protect pub-lic health and safety and the environment.(b) Each specific license shall require the sub-

mission of an application to the department andthe issuance of a licensing document by the de-partment. Each specific licensee shall be subjectto all applicable portions of these regulations aswell as any limitations specified in the licensingdocument. (Authorized by and implementingK.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985;effective May 1, 1986; amended Dec. 30, 2005.)

28-35-177. (Authorized by K.S.A. 48-1607;effective Jan. 1, 1970; revoked, T-86-37, Dec. 11,1985; revoked May 1, 1986.)

28-35-177a. General licenses; sourcematerial. (a)(1) Each of the following personsshall be deemed to have been issued a generallicense authorizing the acquisition, possession,use, and transfer of not more than 15 pounds (6.8kg) of source material at any one time or the re-ceipt of a total of 150 pounds (68.2 kg) of source

material in any calendar year if the sourcematerialis used for research, development, education,commercial, or operational purposes:(A) Any commercial or industrial firm;(B) any research, educational, or medical insti-

tution; and(C) any state or local governmental agency.(2) Each person who acquires, possesses, uses,

or transfers source material pursuant to the gen-eral license specified in subsection (a) shall be ex-empt from parts 4 and 10 of these regulations tothe extent that the acquisition, possession, use, ortransfer is within the terms of the general license.This exemption shall not apply to any person whois also in possession of source material under aspecific license issued pursuant to theseregulations.(3) Each person who receives, possesses, uses,

or transfers source material pursuant to the gen-eral license specified in subsection (a) shall beprohibited from administering source material orthe radiation, either externally or internally, to hu-man beings except as may be authorized in a spe-cific license.(b) Each person receiving title to source ma-

terial shall be deemed to have been issued a gen-eral license without regard to quantity. This gen-eral license shall not authorize any person toreceive, possess, use, or transfer source material.(c)(1) Each person who meets the require-

ments of paragraphs (2), (3), and (4) of this sub-section shall be deemed to have been issued ageneral license to acquire, possess, use, or transferdepleted uranium contained in industrial productsor devices for the purpose of providing a concen-trated mass in a small volume of the product ordevice.(2)(A) Each person who acquires, possesses, or

uses depleted uranium pursuant to the general li-cense issued in this subsection shall file a formspecified by the department. The form shall befiled with the department within 30 days of thedate on which the depleted uranium is receivedor acquired. Each person filing a form shall pro-vide all the information requested by the form.(B) If any change in circumstances renders any

information provided on the form inaccurate, thedepartment shall be provided with a written no-tice of the change within 30 days of the date ofthe change.(3) A person who acquires, possesses, or uses

depleted uranium pursuant to the general license


212

specified in this subsection shall not perform anyof the following:

(A) Introduce depleted uranium, in any form,into a chemical, physical, or metallurgical treat-ment or process, except a treatment or process forthe repair or restoration of any plating or othercovering of the depleted uranium;

(B) abandon depleted uranium; or(C) export depleted uranium, except in accord-

ance with a license issued by the U.S. nuclear reg-ulatory commission.

(4)(A) Each person possessing depleted ura-nium pursuant to the general license specified inthis subsection shall transfer or dispose of the de-pleted uranium only by transfer in accordancewith K.A.R. 28-35-190a.

(B) When depleted uranium is transferred toany person in this state, the transferor shall pro-vide a copy of this regulation and the requiredform to the transferee.

(C) When depleted uranium is transferred toany person outside this state, the transferor shallfurnish the transferee with a copy of this regula-tion, the required form, and a written notice thatpossession or use of the depleted uranium is reg-ulated by the U.S. nuclear regulatory commissionor the state in which the person is located, underrequirements substantially the same as those inthis regulation.

(D) Each person who transfers depleted ura-nium pursuant to this subsection shall give writtennotice to the department of the name and addressof the person to whom the depleted uranium wastransferred. The notice shall be filed within 30days of the date of transfer.

(5) The general license specified in this sub-section shall apply only to industrial products ordevices that have been manufactured or initiallytransferred in accordance with a specific licensethat authorizes the manufacture of the productsor devices for distribution to persons generally li-censed by the NRC or an agreement state.

(d) Each person who acquires, possesses, uses,or transfers depleted uranium pursuant to sub-section (c) shall be exempt from parts 4 and 10 ofthese regulations with respect to the depleted ura-nium acquired, possessed, used, or transferred bythat person. (Authorized by and implementingK.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985;effective May 1, 1986; amended Dec. 30, 2005;amended July 27, 2007.)

28-35-178. (Authorized by K.S.A. 1975

Supp. 48-1607; effective Jan. 1, 1970; amendedJan. 1, 1972; amended May 1, 1976; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

28-35-178a. General license; certainionization devices. (a) Each commercial and in-dustrial firm, research, educational, and medicalinstitution, individual in the conduct of the indi-vidual’s business, and federal, state, or local gov-ernment agency shall be deemed to have beenissued a general license to acquire, receive, pos-sess, use, or transfer radioactive material incor-porated in any device or equipment as describedin this subsection, if the device or equipment ismanufactured, tested, and labeled by a manufac-turer in accordance with the specifications of aspecific license issued to the manufacturer by thesecretary, the U.S. nuclear regulatory commis-sion, or an agreement state. This general licenseshall apply to the following:

(1) Static elimination devices that are de-signed for ionization of air and that contain, as asealed source or sources, radioactive material con-taining a total of not more than 500 microcuriesof polonium-210 per device; and

(2) ion-generating tubes that are designed forionization of air and that contain, as a sealedsource or sources, radioactive material consistingof a total of not more than 500 microcuries ofpolonium-210 per device or a total of not morethan 50 millicuries of hydrogen-3 (tritium) perdevice.

(b) The general license specified in subsection(a) shall be subject to the following regulations:

(1) K.A.R. 28-35-137 through 28-35-139;(2) K.A.R. 28-35-192b;(3) K.A.R. 28-35-184a;(4) K.A.R. 28-35-190a;(5) K.A.R. 28-35-191a;(6) K.A.R. 28-35-196a; and(7) all of parts 4 and 10 of these regulations.

(Authorized by and implementing K.S.A. 48-1607;effective, T-86-37, Dec. 11, 1985; effective May1, 1986; amended Dec. 30, 2005; amended July27, 2007.)

28-35-178b. General license; certaindetecting, measuring, gauging, or controllingdevices and certain devices for producinglight or an ionized atmosphere. (a)(1) Subjectto the provisions of subsections (b) and (c), eachcommercial and industrial firm, research, educa-tional, and medical institution, individual in theconduct of the individual’s business, and federal,

28-35-178bRADIATION

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state, or local government agency shall be deemedto have been issued a general license to acquire,receive, possess, use, or transfer radioactive ma-terial that is contained in any device designed,manufactured, and used for one or more of thefollowing purposes:

(A) Detecting, measuring, gauging, or control-ling thickness, density, level interface location, ra-diation leakage, or qualitative or quantitativechemical composition; or

(B) producing light or an ionized atmosphere.(2) The general license specified in paragraph

(1) of this subsection shall apply only to radioac-tive material contained in any device that has beenmanufactured and labeled by a manufacturer inaccordance with the specifications of a specific li-cense issued to that manufacturer by the secre-tary, the U.S. nuclear regulatory commission, oran agreement state.

(3) The general license specified in paragraph(1) of this subsection shall not apply to radioactivematerial in any device containing at least 370MBq(10 mCi) of cesium-137, 3.7 MBq (0.1 mCi) ofstrontium-90, 37 MBq (1 mCi) of cobalt-60, or 37MBq (1 mCi) of americium-241 or any othertransuranic element, based on the activity indi-cated on the label.

(4) Each device shall have been received fromone of the specific licensees described in para-graph (a)(2) or through a transfer made under par-agraph (b)(9).

(b) Each person who acquires, receives, pos-sesses, uses, or transfers radioactive material in adevice pursuant to the general license specified insubsection (a) shall comply with all of the follow-ing requirements:

(1) Each person subject to this subsection shallensure that all labels affixed to the device at thetime of receipt and bearing a statement that re-moval of the label is prohibited are maintainedand shall comply with all instructions and precau-tions provided by these labels.

(2) Each person subject to this subsection shallensure that the device is tested for leakage of ra-dioactive material and proper operation of the on-off mechanism and indicator, if any, at no longerthan six-month intervals or at any other intervalsspecified in any manufacturer’s label affixed to thedevice, except as follows:

(A) The person shall not be required to testdevices containing only krypton for leakage of ra-dioactive material.

(B) The person shall not be required to test,

for any purpose, any device containing only trit-ium, not more than 100 microcuries of other beta-emitting or gamma-emitting material, or 10 mi-crocuries of alpha-emitting material or any deviceheld in storage in the original shipping containerbefore initial installation.

(3) Each person subject to this subsection shallensure that the tests required by paragraph (b)(2)and other operations involving testing, installa-tion, servicing, and removal from installation ofthe radioactive material, its shielding, or contain-ment, are performed in compliance with one ofthe following:

(A) In accordance with instructions providedon labels affixed to the device; or

(B) by a person holding a specific license is-sued under this part or equivalent regulations ofNRC or an agreement state to perform the testsand other operations.

(4)(A) Each person subject to this subsectionshall maintain records showing compliance withthe requirements of paragraphs (b)(2) and (b)(3).The records shall show the results of each test.The records also shall show the dates of the test-ing, installation, servicing, or removal from instal-lation of the radioactive material, its shielding, orcontainment and the name of each person per-forming one or more of these tests and otheroperations.

(B) Each person shall maintain records of testsfor leakage of radioactive material required byparagraph (b)(2) for three years after the next re-quired leak test is performed or until the sealedsource is transferred or disposed of. Each personshall maintain records of tests of the on-off mech-anism and indicator, as required by paragraph(b)(2), for three years after the next required testof the on-off mechanism and indicator is per-formed or until the sealed source is transferred ordisposed of. Each person shall maintain the rec-ords required by paragraph (b)(3) for three yearsfrom the date of the recorded event or until thedevice is transferred or disposed of.

(5) Upon a failure of or damage to, or any in-dication of a possible failure of or damage to, theshielding of the radioactive material or the on-offmechanism or indicator, or upon the detection of0.005 microcurie or more removable radioactivematerial, each person subject to this subsectionshall take the following actions:

(A) Immediately suspend operation of the de-vice until either of the following conditions is met:

(i) The device has been repaired by the man-

28-35-178b KANSAS DEPT. OF HEALTH AND ENVIRONMENT

214

ufacturer or other person holding a specific li-cense issued under this part or equivalent regu-lations of NRC or an agreement state to repair thedevice; or(ii) the device is transferred to a person au-

thorized by a specific license to receive the radi-oactive material contained in the device;(B) within 30 days, furnish to the secretary a

report containing a brief description of the eventand the remedial action taken; and(C) within 30 days, if contamination of the

premises or the environs is likely, furnish to thesecretary a plan for ensuring that the premises andenvirons are acceptable for unrestricted use. Thecriteria for unrestricted use specified in K.A.R.28-35-205 may be applicable, as determined bythe secretary.(6) A person subject to this subsection shall not

abandon the device.(7) A person shall not export any device con-

taining radioactive byproduct material except inaccordance with 10 CFR part 110.(8) (A) Each person shall transfer or dispose of

any device containing radioactive byproduct ma-terial only by export as provided in paragraph(b)(7), by transfer to another general licensee asauthorized in paragraph (b)(9), or to a person au-thorized to receive the device by a specific licenseissued under this part or equivalent regulations ofNRC or an agreement state.(B) Each person shall furnish a report to the

department within 30 days after the export of thedevice or the transfer of the device to a specificlicensee. The report shall contain the followinginformation:(i) The identification of the device by manu-

facturer’s name, model number, and serialnumber;(ii) the name, address, and license number of

the person receiving the device; and(iii) the date of the transfer.(C) Each person shall obtain written depart-

ment approval before transferring the device toany other specific licensee not specifically identi-fied in paragraph (b)(8)(A).(9) Any person subject to this subsection may

transfer the device to another general licenseeonly if either of the following conditions is met:(A) The device remains in use at a particular

location. In this case, the transferor shall give thetransferee a copy of this regulation and any safetydocuments identified in any label affixed to thedevice and, within 30 days of the transfer, provide

a written report to the secretary containing iden-tification of the device by manufacturer’s name,model number, and serial number; the name andaddress of the transferee; and the name, tele-phone number, and position of an individual whocan be contacted by the secretary concerning thedevice.(B) The device is held in storage in the original

shipping container at its intended location of usebefore initial use by a general licensee.(10) Each person subject to this subsection

shall comply with the provisions of K.A.R. 28-35-228a and K.A.R. 28-35-229a relating to reports ofradiation incidents, theft, or loss of licensed ma-terial, but shall be exempt from the other require-ments of parts 4 and 10 of these regulations.(11) Each person shall respond to all written

requests from the department to provide infor-mation relating to the general license within 30calendar days of the date of the request or on orbefore any other deadline specified in the request.If the person cannot provide the requested infor-mation within the allotted time, the person, withinthat same time period, shall request a longer pe-riod to supply the information by submitting a let-ter to the department and shall provide writtenjustification as to why the person cannot comply.(12) Each general licensee shall appoint an in-

dividual responsible for having knowledge of theappropriate regulations and requirements and theauthority for taking required actions to complywith appropriate regulations and requirements.The general licensee, through this individual, shallensure day-to-day compliance with the appropri-ate regulations and requirements. This appoint-ment shall not relieve the general licensee of anyof the licensee’s responsibility in this regard.(13)(A) Each person shall register, in accord-

ance with paragraph (b)(13)(B), each device gen-erally licensed as required by this regulation. Eachaddress for a location of use, as described in par-agraph (b)(13)(B)(iv), shall represent a separategeneral licensee and shall require a separate reg-istration and fee.(B) In registering each device, the general li-

censee shall furnish the following information andany other information specifically requested bythe department:(i) The name and mailing address of the gen-

eral licensee;(ii) information about each device as indicated

on the label, including the manufacturer’s name,

28-35-178dRADIATION

215

the model number, the serial number, and theradioisotope and activity;

(iii) the name, title, and telephone number ofthe responsible person appointed as a represen-tative of the general licensee under paragraph(b)(12);

(iv) the address or location at which each de-vice is used or stored, or both. For each portabledevice, the general licensee shall provide the ad-dress of the primary place of storage;

(v) certification by the responsible represen-tative of the general licensee that the informationconcerning each device has been verified througha physical inventory and a check of the label in-formation; and

(vi) certification by the responsible represen-tative of the general licensee that the person isaware of the requirements of the general license.

(14) Each person shall report any change in themailing address for the location of use, includingany change in the name of the general licensee,to the department within 30 days of the effectivedate of the change. For a portable device, a reportof address change shall be required only for achange in the primary place of storage of thedevice.

(15) No person may store a device that is notin use for longer than two years. If any device withshutters is not being used, the shutters shall belocked in the closed position. The testing requiredby paragraph (b)(2) shall not be required to beperformed during the period of storage only. Ifthe device is put back into service or transferredto another person and was not tested at the re-quired test interval, the device shall be tested forleakage before use or transfer, and all shuttersshall be tested before use. Each device kept instorage for future use shall be excluded from thetwo-year time limit if the general licensee per-forms quarterly physical inventories of the devicewhile the device is in storage.

(c) Nothing in this regulation shall be deemedto authorize the manufacture or import of any de-vice containing radioactive material.

(d) The general license specified in subsection(a) shall be subject to the provisions of K.A.R. 28-35-184a and K.A.R. 28-35-184b. (Authorized byand implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986;amended Nov. 1, 1996; amended March 24, 2006;amended July 27, 2007.)

28-35-178c. General license to install

devices generally licensed in K.A.R. 28-35-178b. Any person who holds a specific license is-sued by the U.S. nuclear regulatory commissionor an agreement state authorizing the holder tomanufacture, install, or service a device describedin K.A.R. 28-35-178b is hereby granted a generallicense to install and service such a device in thisstate, if:

(a) The device has been manufactured, la-beled, installed and serviced in accordance withthe provisions of the specific licenses issued in re-gard to manufacturing, labeling, installing andservicing the device; and

(b) Such person assures that all labels requiredto be affixed to the device are in place. (Author-ized by and implementing K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effectiveMay 1, 1986.)

28-35-178d. Luminous safety devicesfor use in aircraft. (a) A general license is herebyissued to acquire, possess, and use tritium or pro-methium-147 contained in luminous safety de-vices for use in aircraft if:

(1) the device contains not more than 10 curiesof tritium or 300 millicuries of promethium-147;and

(2) the device has been manufactured, assem-bled or imported in accordance with a specific li-cense, issued under the provisions of section 32.53of the regulations of the United States nuclearregulatory commission or manufactured or assem-bled in accordance with a specific license issuedby an agreement state, which authorizes manu-facture or assembly of the device for distributionto persons generally licensed by the agreementstate.

(b) Persons who acquire, possess or use lumi-nous safety devices pursuant to the general licenseissued in subsection (a) of this regulation shall beexempt from the requirements of parts 4 and 10of these regulations, except that they shall complywith the provisions of K.A.R. 28-35-228a and 28-35-229a.

(c) The general license issued in this regulationshall not authorize the manufacture, assembly orrepair, or the importation or exportation, of lu-minous safety devices containing tritium or pro-methium-147.

(d) The general license issued in this regulationshall not authorize the acquisition, possession oruse of promethium-147 contained in instrumentdials. (Authorized by and implementing K.S.A.

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216

1984 Supp. 48-1607; effective, T-86-37, Dec. 11,1985; effective May 1, 1986.)

28-35-178e. Americium-241 in the

form of calibration or reference sources. (a)A general license to acquire, possess, use andtransfer, in accordance with the provisions of sub-section (b) and (c) of this section, americium-241in the form of calibration or reference sources ishereby issued to any person who holds a specificlicense issued by the U.S. nuclear regulatory com-mission which authorizes the agency to acquire,possess, use and transfer by-product material,source material, or special nuclear material.(b) The general license issued in subsection (a)

of this section applies only to calibration or ref-erence sources which have been manufactured orinitially transferred in accordance with the speci-fications contained in a specific license issued bythe secretary, the U.S. nuclear regulatory com-mission or an agreement state.(c) The general license issued in subsection (a)

of this section is subject to the provisions ofK.A.R. 28-35-184a, and to all of the provisions ofparts 4 and 10 of these regulations. In addition,persons who acquire, possess, use, and transferone or more calibration or reference sources pur-suant to this general license:(1) Shall not possess, at any one time, at any

one location of storage or use, more than 5 mi-crocuries of americium-241 in such sources;(2) shall not receive, possess, use or transfer

such a source unless the source, or the storagecontainer, bears a label which includes the follow-ing statement or a substantially similar statementwhich contains the information called for in thefollowing statement:

‘‘The receipt, possession, use and transfer of this source,Model, Serial No. , are subject to a general license

and the regulations of the United States Nuclear RegulatoryCommission or of a State with which the commission has en-tered into an agreement for the exercise of regulatory author-ity. Do not remove this label.

CAUTION—RADIOACTIVE MATERIAL—THISSOURCE CONTAINS AMERICIUM-241. DO NOT

TOUCH RADIOACTIVE PORTION OF THIS SOURCE.

(Name of manufacturer or initial transferor)’’;

(3) shall not transfer, abandon, or dispose ofsuch source except by transfer to a person au-thorized by a license issued by the secretary, theU.S. nuclear regulatory commission or by anagreement state to receive the source;(4) shall store such source, except when the

source is being used, in a closed container de-signed and constructed to contain americium-241which might otherwise escape during storage; and(5) shall not use the source for any purpose

other than the calibration of radiation detectors orthe standardization of other sources.(d) The general license issued in this regulation

shall not authorize the manufacture, or the im-portation or exportation, of calibration or refer-ence sources containing americium-241. (Author-ized by and implementing K.S.A. 1984 Supp.48-1607; effective, T-86-37, Dec. 11, 1985; effec-tive May 1, 1986.)

28-35-178f. General license to own ra-

dioactive material. A general license is herebyissued to own radioactive material without regardto quantity. However, a general licensee underthis regulation is not authorized to manufacture,produce, transfer, receive, possess, use, import orexport radioactive material, except as authorizedin a specific license. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986.)

28-35-178g. General license for stron-

tium-90 in ice detection devices. (a) A generallicense is hereby issued to own, acquire, possess,use and transfer strontium-90 contained in ice de-tection devices if each device contains not morethan 50 microcuries of strontium-90 and if eachdevice is manufactured or initially transferred inaccordance with the specifications contained in alicense issued to the manufacturer by the secre-tary, the U.S. nuclear regulatory commission oran agreement state.(b) Persons who own, acquire, possess, use, or

transfer strontium-90 contained in ice detectiondevices pursuant to the general license issued insubsection (a) of this section:(1) Shall, if visually observable damage to the

device occurs, including a bend or crack or dis-coloration from overheating, discontinue use ofthe device until it has been inspected, tested forleakage and repaired by a person holding a spe-cific license issued by the secretary, the U.S. nu-clear regulatory commission or an agreement stateto manufacture or service the device, or shall dis-pose of the device pursuant to the provisions ofK.A.R. 28-35-223a;(2) Shall assure that all labels affixed to the de-

vice at the time of receipt, and which bear a state-ment that prohibits removal of the labels, aremaintained thereon;

28-35-178hRADIATION

217

(3) Shall be exempt from the requirements ofparts 4 and 10 of these regulations, except thatsuch persons shall comply with the provisions ofK.A.R. 28-35-223a, 28-35-228a and 28-35-229a.

(c) This general license shall not authorize themanufacture, assembly, disassembly or repair, orthe importation or exportation, of strontium-90 inice detection devices. (Authorized by and imple-menting K.A.R. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986.)

28-35-178h. General license for use ofby-product material for certain in vitro clin-ical or laboratory testing. (a) A general licenseis hereby issued to any physician, veterinarian inthe practice of veterinary medicine, clinical labo-ratory or hospital to acquire, possess, use andtransfer in accordance with the provisions of sub-sections (b), (c), (d), (e), and (f) of this section,the following radioactive materials in prepackagedunits for use in any of the following stated tests:

(1) Iodine-125, in units not exceeding 10 mi-crocuries each, for use in in vitro clinical or lab-oratory tests not involving internal or external ad-ministration of radioactive material, or theradiation therefrom, to human beings or animals.

(2) Iodine-131, in units not exceeding 10 mi-crocuries each, for use in in vitro clinical or lab-oratory tests not involving internal or external ad-ministration of radioactive material, or theradiation therefrom, to human beings or animals.

(3) Carbon-14, in units not exceeding 10 mi-crocuries each, for use in in vitro clinical or lab-oratory tests not involving internal or external ad-ministration of radioactive material, or theradiation therefrom, to human beings or animals.

(4) Hydrogen-3 (tritium), in units not exceed-ing 50 microcuries each, for use in in vitro clinicalor laboratory tests not involving internal or exter-nal administration of radioactive material, or theradiation therefrom, to human beings or animals.

(5) Iron-59, in units not exceeding 20 micro-curies each, for use in in vitro clinical or laboratorytests not involving internal or external administra-tion of radioactive material, or the radiation there-from, to human beings or animals.

(6) Selenium-75, in units not exceeding 10 mi-crocuries each, for use in in vitro clinical or lab-oratory tests not involving internal or external ad-ministration of radioactive material, or theradiation therefrom, to human beings or animals.

(7) Mock Iodine-125 reference or calibrationsources, in units not exceeding 0.05 microcuries

of Iodine-129 and 0.005 microcurie of americium-241 each, for use in in vitro clinical or laboratorytests not involving internal or external administra-tion of radioactive material, or the radiation there-from, to human beings or animals.

(8) Cobalt-57, in units not exceeding 10 micro-curies each, for use in in vitro clinical or labratorytests not involving internal or external administra-tion of radioactive material or the radiation there-from, to human beings or animals.

(b)(1) A person shall not acquire, possess, useor transfer radioactive material pursuant to thegeneral license issued in subsection (a) of this sec-tion until the person has filed form RH-31, ‘‘Reg-istration Certificate—In Vitro Testing with Radi-oactive Material Under General License,’’ withthe secretary and has received from the secretarya validated copy of the form, with a registrationnumber assigned, or until the person has been au-thorized pursuant to K.A.R. 28-35-181d(d) to useradioactive material under the general license is-sued in subsection (a) of this regulation.

(2) Each person who files a form RH-31 shallprovide all the information requested by thatform.

(c) Each person who acquires, possesses, oruses radioactive material pursuant to the generallicense issued in subsection (a) of this section:

(1) Shall not possess, at any one time, at anyone location of storage or use, a total amount ofiodine-125, iodine-131, selenium-75, cobalt-57 oriron-59 in excess of 200 microcuries;

(2) shall store the radioactive material, untilused, in the original shipping container or in acontainer providing equivalent radiationprotection;

(3) shall use the radioactive material only forthe uses authorized in subsection (a) of thissection;

(4) shall not transfer the radioactive materialexcept by transfer to a person authorized to re-ceive it under a license issued by the secretary,the U.S. nuclear regulatory commission or anagreement state, and shall not transfer the radio-active material in any manner other than in theunopened, labeled shipping container as receivedfrom a supplier; and

(5) shall dispose of mock iodine-125 referenceor calibration sources in accordance with therequirements of K.A.R. 28-35-223a.

(d) Each general licensee shall not receive, ac-quire, possess, or use radioactive material pursu-ant to subsection (a) of this section:

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(1) Except as prepackaged units which are la-beled in accordance with the provisions of a spe-cific license issued by the secretary, the U.S. nu-clear regulatory commission, or an agreementstate; and

(2) Unless the following statement, or a sub-stantially similar statement which contains the in-formation called for in the following statement,appears on a label affixed to each prepackagedunit or appears in a leaflet or brochure which ac-companies the package:

‘‘This radioactive material may be received, acquired, pos-sessed, and used only by physicians, veterinarians in the prac-tice of veterinary medicine, clinical laboratories or hospitalsand only for in vitro clinical or laboratory tests not involvinginternal or external administration of the material, or the ra-diation therefrom, to human beings or animals. Its receipt,acquisition, possession, use, and transfer are subject to the reg-ulations and a general license of the U.S. nuclear regulatorycommission or of a state with which the commission has en-tered into an agreement for the exercise of regulatoryauthority.

(Name of Manufacturer)’’

(e) Each person possessing or using radioactivematerials under the general license issued in sub-section (a) of this section shall file a written reportwith the secretary of any change in the informa-tion furnished on form RH-31. The report shallbe filed within 30 days after the effective date ofany change.

(f) Any person using radioactive material pur-suant to the general license issued in paragraph(1) of subsection (a) shall be exempt from therequirements of parts 4 and 10 of these regula-tions with respect to radioactive materials coveredby that general license, except that any person us-ing Mock Iodine-125 shall comply with the pro-visions of K.A.R. 28-35-223a, 28-35-228a and 28-35-229a. (Authorized by and implementing K.S.A.1984 Supp. 48-1607; effective, T-86-37, Dec. 11,1985; effective May 1, 1986.)

28-35-178i. General licenses for cer-tain units of radium-226. (a) Subject to the lim-itations prescribed in subsection (b), (c) and (d)of this regulation, a general license is hereby is-sued to commercial and industrial firms, and toresearch, educational, medical and governmentalinstitutions, to acquire, possess, use, and transferradium-226 in units not exceeding 0.1 microcurieeach.

(b) A person shall not acquire, possess, use ortransfer radium-226 pursuant to the general li-

cense issued in subsection (a) of this regulationuntil the person has filed form RH-37 with thesecretary and has received from the secretary avalidated copy of the form, with a certificationnumber assigned. Each person filing a form RH-37 shall provide all the information required bythat form.

(c) Each general licensee under this regulation:(1) Shall not possess, at any one time and at

any one location of storage or use, a total amountof radium-226 in excess of five microcuries;

(2) shall store the radium-226, until used, inthe original shipping container or in a containerproviding equivalent radiation protection;

(3) shall transfer the radioactive material onlyto a person who is authorized to receive it pur-suant to a license issued by the secretary, theUnited States nuclear regulatory commission oran agreement state; and

(4) shall not transfer the radioactive material inany manner other than in the unopened, labeledshipping container as received from the shipper.

(d) Each general licensee under this regulationshall file a written report with the secretary of anychanges in the information filed in form RH-37.The report shall be furnished within 30 days afterthe effective date of the change.

(e) Each general licensee under this regulationshall be exempt from the requirements of parts 4and 10 of these regulations with respect to theradioactive material covered by the generallicense.

(f) The general license issued in this regulationshall not authorize the manufacture, commercialdistribution or human use of radium-226. (Au-thorized by and implementing K.S.A. 1984 Supp.48-1607; effective, T-86-37, Dec. 11, 1985; effec-tive May 1, 1986.)

28-35-178j. General license for use ofbyproduct material for certain in vivo clinicalor laboratory testing. (a) Except as provided insubsections (b) and (c), each person shall be ex-empt from the license requirements in part 3 andpart 6 of these regulations if the person receives,possesses, uses, transfers, owns, or acquires anycapsules containing 37 kBq (1 Ci) of carbon-14urea, allowing for nominal variation that may oc-cur during the manufacturing process for in vivodiagnostic use for humans.

(b) Before using the capsules specified in sub-section (a) for research involving human subjects,each person shall apply and shall be considered

28-35-180aRADIATION

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for approval for a specific license. Each personshall be required to have a specific license beforeengaging in the research specified in thissubsection.

(c) Before manufacturing, preparing, process-ing, producing, packaging repackaging, or trans-ferring the capsules specified in subsection (a) forcommercial distribution, each person shall applyand shall be considered for approval for a specificlicense. Each person shall be required to have aspecific license before performing any of the ac-tions specified in this subsection.

(d Nothing in this regulation shall exempt anyperson from applicable FDA requirements, otherfederal requirements, and state requirements gov-erning receipt, administration, and use of drugs.(Authorized by and implementing K.S.A. 48-1607;effective Dec. 30, 2005.)


28-35-179a. Application for specific li-cense; renewal or amendment. (a) Any personmay file a written application with the secretaryfor a specific license to acquire, possess, use ortransfer radioactive material, and shall file a writ-ten application with the secretary to renew oramend any specific license. Each application for aspecific license, or a renewal or an amendment ofan existing license, shall be made on the appro-priate form prescribed and furnished by the sec-retary. Each person filing an application shall pro-vide all the information requested on theapplication form, and any additional informationrequested by the secretary.

(b) Each application filed with the secretaryshall be signed by the applicant or licensee, or bya person authorized to act for or on behalf of theapplicant or licensee.

(c) Any application may incorporate, by refer-ence, information provided in applications, re-ports or other documents previously filed with thesecretary. Any reference to information previouslyfiled with the secretary shall be clear and specific.

(d) An application for a specific license may in-clude a request for a license authorizing activityat one or more installations or locations. (Author-ized by and implementing K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effectiveMay 1, 1986.)

28-35-180. (Authorized by K.S.A. 48-1607;

effective Jan. 1, 1970; revoked, T-86-37, Dec. 11,1985; revoked May 1, 1986.)

28-35-180a. General requirements forthe issuance of specific licenses. Each appli-cation for a specific license shall be approved onlyif the application meets the requirements of theseregulations.

(a) Each applicant shall be required to be qual-ified by reason of training and experience to usethe material in question for the purpose re-quested, in accordance with these regulations, andin a manner that will protect public health andsafety and the environment.

(b) The proposed equipment, facilities, andprocedures used by each applicant shall protectpublic health and safety and the environment.

(c) A specific license shall be approved only ifthe secretary determines that the specific licensewill not be a detriment to the health and safety ofthe public.

(d) Each applicant shall meet the requirementsprescribed in these regulations for the particularlicense sought.

(e)(1) Each application for a license for com-mercial waste disposal, source material milling, orany other operation that the secretary determineswill affect the environment shall meet the require-ment specified in this paragraph. Each applicationshall include information that permits the secre-tary to weigh the environmental, economic, tech-nical, and other benefits against the environmen-tal costs and alternatives to ensure the protectionof public health and safety and the environment.

(2) The approval of each application specifiedin paragraph (e)(1) shall be based upon thefollowing:

(A) The information specified in paragraph(e)(1) and other information as necessary; and

(B) the applicable portions of 10 CFR part 51,subpart A, § 51.45, as in effect on April 30, 1992.

(f) Each applicant shall be authorized to beginconstruction only after the issuance of the license.Commencement of construction before issuanceof the license shall be grounds for denial of thelicense application. ‘‘Commencement of construc-tion,’’ as used in this regulation, shall mean anyclearing of land, excavation, or other substantialaction that would adversely affect the environ-ment of a site.

(g) Each applicant for a license, other than arenewal, shall describe in the application how thefacility design and procedures for operation will


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minimize, to the extent practicable, contaminationof the facility and the environment, facilitate even-tual decommissioning, and minimize, to the ex-tent practicable, the generation of radioactivewaste.(h) Each licensee who manufactures a nation-

ally tracked source shall assign a unique serialnumber to each nationally tracked source manu-factured by the licensee. Each serial number shallbe composed only of alphanumeric characters.(Authorized by and implementing K.S.A. 48-1607;effective, T-86-37, Dec. 11, 1985; effective May1, 1986; amended Sept. 20, 1993; amended Nov.1, 1996; amended Dec. 30, 2005; amended July27, 2007.)

28-35-180b. Financial assurance fordecommissioning. (a) Each applicant for a spe-cific license authorizing the possession and use ofunsealed radioactive material with a half-lifegreater than 120 days and in quantities exceeding105 times the applicable quantities specified inK.A.R. 28-35-201 shall submit a decommissioningfunding plan as described in subsection (e) of thisregulation. Each applicant shall also submit thedecommissioning funding plan if a combination ofisotopes is involved and if R divided by 105 isgreater than one, where R is defined here as thesum of the ratios of the quantity of each isotopeto the applicable value specified in K.A.R. 28-35-201.(b) Each applicant for a specific license au-

thorizing the possession and use of radioactivematerial with a half-life greater than 120 days andin quantities specified in table I of this regulationshall submit either of the following:(1) A decommissioning funding plan as de-

scribed in subsection (e) of this regulation; or(2) a certification that financial assurance for

decommissioning has been provided in theamount prescribed by table I, using one of themethods described in subsection (f) of this regu-lation. The certification may state that the appro-priate assurance is to be obtained after the appli-cation has been approved and the license has beenissued, but before the receipt of licensed material.If the applicant defers execution of the financialinstrument required under subsection (f) until af-ter the license has been issued, a signed originalof the financial instrument shall be submitted tothe department before the applicant receives thelicensed material. If the applicant does not deferexecution of the financial instrument required un-

der subsection (f) of this regulation, the applicantshall submit to the department, as part of the cer-tification, a signed original of the financialinstrument.(c) Each holder of a specific license that is a

type specified in subsection (a) or (b) shall providefinancial assurance for decommissioning in ac-cordance with the following requirements:(1) Each holder of a specific license that is a

type specified in subsection (a) shall submit a de-commissioning funding plan as specified in sub-section (e) or a certification of financial assurancefor decommissioning in an amount equal to atleast $750,000.00. Each licensee shall submit theplan or certification to the department in accord-ance with the criteria specified in this regulation.If the licensee submits a certification of financialassurance rather than a decommissioning fundingplan, the licensee shall include a decommissioningfunding plan in any application for licenserenewal.(2) Each holder of a specific license that is a

type specified in subsection (b) shall submit a de-commissioning funding plan as specified in sub-section (e) or a certification of financial assurancefor decommissioning. Each licensee shall submitthe plan or certification to the department, in ac-cordance with the requirements specified in thisregulation.(d) The amounts of financial assurance re-

quired for decommissioning, by quantity of ma-terial, shall be those specified in table I.

Table I

Financial assurance for decommissioningby quantity of material

If the possession limit is greater than 104

but less than or equal to 105 times the ap-plicable quantities specified in K.A.R. 28-35-201, in unsealed form . . . . . . . . . . . . . . . . . $1,125,000.00For a combination of isotopes, if R, as de-fined in subsection (a), divided by 104 isgreater than one, but R divided by 105 isequal to or less than one . . . . . . . . . . . . . . . . . . $1,125,000.00If the possession limit is greater than 103

but less than or equal to 104 times the ap-plicable quantities specified in K.A.R. 28-35-201, in unsealed form . . . . . . . . . . . . . . . . . $225,000.00For a combination of isotopes, if R, as de-fined in subsection (a), divided by 103 isgreater than one, but R divided by 104 isless than or equal to one . . . . . . . . . . . . . . . . . . $225,000.00If the possession limit is greater than 1010

times the applicable quantities specified inK.A.R. 28-35-201, in sealed sources orfoils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $113,000.00

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For a combination of isotopes, if R, as de-fined in subsection (a), divided by 1010 isgreater than one . . . . . . . . . . . . . . . . . . . . . . . . . . . $113,000.00

(e) Each decommissioning funding plan shallcontain the following:

(1) A cost estimate for decommissioning;(2) a description of the method of ensuring

funds for decommissioning, selected from themethods specified in subsection (f);

(3) a description of the means for periodicallyadjusting cost estimates and associated fundinglevels over the life of the facility;

(4) a certification by the licensee that financialassurance for decommissioning has been providedin the amount of the cost estimate for decommis-sioning; and

(5) a signed original of the financial instrumentobtained to satisfy the requirements specified insubsection (f).

(f) Each licensee shall provide financial assur-ance for decommissioning by one or more of thefollowing methods.

(1) Prepayment. ‘‘Prepayment’’ shall meancash or liquid assets that meet the followingcriteria:

(A) Before the start of operation, are depositedinto an account that is segregated from the li-censee’s assets and outside of the licensee’s ad-ministrative control; and

(B) consist of an amount that is sufficient topay decommissioning costs.

The prepayment may be in the form of a trust,escrow account, government fund, certificate ofdeposit, or deposit of government securities.

(2) A surety instrument, insurance policy, orother guarantee method. The licensee may use asurety instrument, insurance policy, or other sim-ilar means to guarantee that decommissioningcosts will be paid. A surety instrument may be inthe form of a surety bond, letter of credit, or lineof credit. A parent company’s guarantee of fundsfor decommissioning costs based on a financialtest may be used if the guarantee and test meetthe requirements of K.A.R. 28-35-203. A parentcompany’s guarantee shall not be used in combi-nation with other financial methods to meet therequirements in this regulation. A guarantee offunds by the applicant or licensee for decommis-sioning costs based on a financial test may be usedif the guarantee and test meet the requirementsof K.A.R. 28-35-203. A guarantee by the applicantor licensee shall not be used in combination withany other financial methods to meet the require-

ments in this regulation or in any situation inwhich a parent company of the applicant or li-censee holds majority control of the voting stockof the company. Each surety instrument or insur-ance policy used to provide financial assurance fordecommissioning shall contain the followingconditions:(A) The surety instrument or insurance policy

shall be open-ended or, if written for a specifiedterm, shall be renewed automatically, unless 90days or more before the renewal date, the insurernotifies the department, the beneficiary, and thelicensee of the insurer’s intention not to renew.The surety instrument or insurance policy shallalso provide that the full face amount will be paidto the beneficiary automatically before the expi-ration without proof of forfeiture if the licenseefails to provide a replacement that meets therequirements of this regulation within 30 days af-ter receipt of notification of cancellation.(B) The surety instrument or insurance policy

shall be payable to an approved trust establishedfor decommissioning costs. The trustee may in-clude an appropriate state or federal agency or anentity that has the authority to act as a trustee andwhose trust operations are regulated and exam-ined by a federal or state agency.(C) The surety instrument or insurance policy

shall remain in effect until the license is termi-nated by the department.(3) External sinking fund. A licensee may pro-

vide financial assurance for decommissioningthrough an external sinking fund in which depositsare made at least annually, coupled with a suretyinstrument or insurance policy. The value of thesurety instrument or insurance policy may de-crease by the amount accumulated in the sinkingfund. ‘‘External sinking fund’’ shall mean a fundthat meets both of the following conditions:(A) Is established and maintained by setting

aside funds periodically in an account segregatedfrom the licensee’s assets and outside the li-censee’s administrative control; and(B) contains a total amount of funds sufficient

to pay the decommissioning costs when termina-tion of the operation is expected. An external sink-ing fund may be in the form of a trust, escrowaccount, government fund, certificate of deposit,or deposit of government securities. The surety orinsurance provisions shall meet the requirementsspecified in this subsection.(4) Statement of intent. Any federal, state, or

local government licensee may submit a statement


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of intent containing a cost estimate for decom-missioning or an amount based on table I of thisregulation and indicating that funds for decom-missioning will be obtained when necessary.

(g) Each person licensed under subsections (a)through (g) shall keep records of all informationthat is relevant to the safe and effective decom-missioning of the facility. The records shall bekept in an identified location until the license isterminated by the department. If records of rel-evant information are kept for other purposes, thelicensee may refer to these records and the loca-tion of these records within the records kept pur-suant to this subsection.

(h) Each licensee shall maintain decommis-sioning records, which shall consist of the follow-ing information:

(1) Records of spills or other unusual occur-rences involving the spread of contamination inand around the facility, equipment, or site. Theserecords may be limited to records of instances inwhich contamination remains after any cleanupprocedures or when there is reasonable likelihoodthat contaminants could have spread to inacces-sible areas. These records shall include any knowninformation identifying the nuclides, quantities,forms, and concentrations involved in the spill oroccurrence;

(2) drawings of the following, both as originallybuilt and, if applicable, as modified:

(A) The structures and equipment in restrictedareas where radioactive materials are used orstored, or both; and

(B) the locations of possible inaccessible con-tamination. If the licensee refers to requireddrawings other than those kept pursuant to thisregulation, the licensee shall not be required toindex each relevant document individually. Ifdrawings are not available, the licensee shall sub-stitute available information concerning these ar-eas and locations;

(3) a list of the following information, whichshall be contained in a single document and up-dated every two years:

(A) All areas designated and formerly desig-nated as restricted areas;

(B) all areas outside of restricted areas that re-quire the documentation specified in thissubsection;

(C) all areas outside of restricted areas wherecurrent and previous wastes have been buried anddocumented as specified in K.A.R. 28-35-227j;and

(D) all areas outside of restricted areas thatcontain material so that, if the license expired, thelicensee would be required either to decontami-nate the area to unrestricted release levels or toapply for approval for disposal as specified inK.A.R. 28-35-225a.

Those areas containing sealed sources only shallnot be included in the list if the sources have notleaked, no contamination remains in the area afterany leak, or the area contains only radioactive ma-terials having half-lives of less than 65 days; and

(4) the following records:(A) Records of the cost estimate performed for

the decommissioning funding plan or records ofthe amount certified for decommissioning; and

(B) if either a funding plan or certification isused, records of the funding method used for as-suring funds.

(i) Each applicant for a specific license shallmake arrangements for a long-term care fund pur-suant to K.S.A. 48-1623, and amendmentsthereto. Each applicant for any of the followingtypes of specific licenses shall establish the long-term fund before the issuance of the license orbefore the termination of the license if the appli-cant chooses, at the time of licensure, to providea surety instrument in lieu of a long-term carefund:

(1) Waste-handling licenses;(2) source material milling licenses; and(3) licenses for any facilities formerly licensed

by the U.S. atomic energy commission or the U.S.nuclear regulatory commission, if required.

(j)(1) Each applicant shall agree to notify thedepartment, in writing, immediately following thefiling of a voluntary or involuntary petition forbankruptcy under any chapter of title 11, bank-ruptcy, of the United States code by or against anyof the following:

(A) The licensee;(B) any person controlling the licensee or list-

ing the license or licensee as property of the es-tate; or

(C) any affiliate of the licensee.(2) The bankruptcy notification shall indicate

the following:(A) The name of the bankruptcy court in which

the petition for bankruptcy was filed; and(B) the date on which the petition was filed.

(Authorized by and implementing K.S.A. 48-1607;effective Dec. 30, 2005.)


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Supp. 48-1607; effective Jan. 1, 1970; amendedJan. 1, 1972; amended May 1, 1976; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

28-35-181a. Specific licenses for mate-rials, human use of radioactive material inmedical institutions. An application for a spe-cific license for human use of radioactive materialin institutions shall not be approved unless:(a) The applicant has appointed a radiation

safety committee of at least three members tooversee the licensed radioactive material through-out the institution and to review the institution’sradiation safety program. Membership of thecommittee shall include at least the following: anauthorized user for each type of use permitted bythe license, a representative of the nursing staff,a representative of the institution’s management,and a radiation safety officer;(b) the applicant possesses adequate facilities

for the clinical care of patients;(c) the physician or physicians designated on

the application as the user or users have substan-tial experience in handling and administering ra-dioactive materials, and where applicable, clinicalmanagement of radioactive patients; and(d) if the application is for a license to use un-

specified quantities or multiple types of radioac-tive material, the applicant or applicant’s staff hassubstantial experience in the use of a variety ofradioactive materials for a variety of human uses.(Authorized by and implementing K.S.A. 1984Supp. 48-1607; effective, T-86-37, Dec. 11, 1985;effective May 1, 1986.)

28-35-181b. Specific licenses to indi-vidual physicians for human use of radioac-tivematerial. (a) A specific license for the humanuse of radioactive materials outside of a medicalinstitution shall not be issued to an individual phy-sician unless:(1) The applicant has access to a hospital and

adequate facilities are available for the hospitali-zation and monitoring of the applicant’s radioac-tive patients when such action is advisable; and(2) the applicant has extensive experience in

the proposed use, handling and administration ofradioactive material, and where applicable, clini-cal management of radioactive patients. The phy-sician shall furnish evidence of this experiencewith the application for the specific license.(b) The secretary shall not approve an appli-

cation by an individual physician or group of phy-sicians for a specific license to receive, possess, or

use radioactive material on the premises of a med-ical institution unless:(1) The use of radioactive material is limited

to:(A) The administration of radiopharmaceuti-

cals for diagnostic or therapeutic purposes;(B) the performance of diagnostic studies on

patients to whom a radiopharmaceutical has beenadministered;(C) the performance of in vitro diagnostic stud-

ies; and(D) calibration and quality control checks of

radioactive assay instrumentation, radiation safetyinstrumentation and diagnostic instrumentation;(2) the physician brings the radioactive mate-

rial to the institution for each use and removes theradioactive material from the institution after eachuse; and(3) the medical institution or institutions at

which the radioactive materials are to be used bythe physician or physicians do not hold a specificlicense under K.A.R. 28-35-181a. (Authorized byand implementing K.S.A. 1984 Supp. 48-1607; ef-fective, T-86-37, Dec. 11, 1985; effective May 1,1986.)

28-35-181c. Specific license for humanuse of radioactive material in sealed sources.(a) A specific license for human use of radioactivematerials in sealed sources shall not be issued un-less the applicant, or if the application is made byan institution, each individual user of the radio-active material:(1) Has specialized training in the diagnostic or

therapeutic use of the sealed source device or ex-tensive experience in the use of the device; and(2) is a physician.(b) The applicant shall furnish evidence of the

training or experience required by subsection (a)at the time of filing the application for the specificlicense. (Authorized by and implementing K.S.A.1984 Supp. 48-1607; effective, T-86-37, Dec. 11,1985; effective May 1, 1986.)

28-35-181d. Specific licenses for one ormore groups of medical uses. (a) Any institu-tion, person, or group of persons meeting therequirements of K.A.R. 28-35-181a or 28-35-181bmay file a written application with the secretaryfor a specific license to use radioactive materialfor any group or groups of medical uses. Eachapplication shall meet the requirements of K.A.R.28-35-179a and shall designate the intended


224

group or groups of uses for the radioactivematerial.

(b) Each application for a specific license touse radioactive material for any group or groupsof medical uses shall meet all of the followingrequirements:

(1) The applicant, or the physician or physi-cians designated in the application as the individ-ual user or users, has adequate clinical experiencein performing the medical use or uses for whichapplication is made.

(2) The applicant’s proposed radiation detec-tion instrumentation is adequate for conductingthe medical procedures specified in the group orgroups of uses for which application is made.

(3) The applicant’s radiation safety operatingprocedures are adequate for the proper handlingand disposal of radioactive material involved in thegroup or groups of uses for which application ismade.

(4) The applicant, or the physician or physi-cians designated in the application as the individ-ual user or users, and all other personnel who willbe involved in the preparation and use of the ra-dioactive material have adequate training and ex-perience in the handling of radioactive material.The training and experience shall be appropriatefor the conduct of the uses included in the groupor groups of uses for which application is made.

(c) Each licensee who is licensed under thisregulation shall be subject to the followinglimitations:

(1) A licensee who has been issued a licensefor group I, II, IV, or V uses shall not receive,possess, or use radioactive material, except thoseradiopharmaceuticals manufactured in the formto be administered to the patient, and labeled,packaged, and distributed in accordance with aspecific license issued by the secretary, or theUnited States nuclear regulatory commission oran agreement state.

(2) A licensee who has been issued a licensefor group III uses shall not receive, possess, or usegenerators or reagent kits containing radioactivematerial and shall not use reagent kits that do notcontain radioactive material to prepare radiophar-maceuticals containing radioactive material, ex-cept for the following:

(A) Reagent kits not containing radioactive ma-terial that are approved by the secretary, theUnited States nuclear regulatory commission, oran agreement state for use by persons licensed

pursuant to this regulation for group III medicaluses; or

(B) generators or reagent kits containing radi-oactive material that are manufactured, labeled,packaged, and distributed in accordance with aspecific license issued by the secretary, the UnitedStates nuclear regulatory commission, or anagreement state.

(3) Each licensee who has been issued a licensefor group III uses and who uses generators or re-agent kits shall elute the generator or process ra-dioactive material with the reagent kit in accord-ance with instructions that are approved by thesecretary, the United States nuclear regulatorycommission, or an agreement state and furnishedby the manufacturer on the label attached to, orin the leaflet or brochure that accompanies, thegenerator or reagent kit.

(4) Each licensee who has been issued a licensefor groups I, II, or III uses and who uses the ra-dioactive material for clinical procedures otherthan those specified in the product labeling orpackage insert shall comply with the product la-beling regarding the following:

(A) Chemical and physical form;(B) route of administration; and(C) dosage range.(5) A licensee who has been issued a license

for group IV uses shall not receive, possess, or useradioactive material unless contained in a sourceor device that has been manufactured, labeled,packaged, and distributed in accordance with aspecific license issued by the secretary, the UnitedStates nuclear regulatory commission, or anagreement state.

(d) Each licensee who is licensed under thisregulation shall be authorized to use radioactivematerial under the general license issued inK.A.R. 28-35-178h for the specified in vitro uses,without filing form RH-31 as otherwise requiredby that regulation. However, the licensee shall besubject to the other requirements of K.A.R. 28-35-178h.

(e) Each licensee who is licensed under thisregulation shall be authorized, subject to the pro-visions of subsections (f) and (g), to receive, pos-sess, and use the following for calibration and ref-erence standards:

(1) Any radioactive material listed in groups I,II, or III that has a half-life of 100 days or less, inamounts not exceeding 15 millicuries;

(2) any radioactive material listed in group I,

28-35-181eRADIATION

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II, or III that has a half-life greater than 100 days,in amounts not exceeding 200 microcuries;

(3) technetium-99m, in amounts not exceeding30 millicuries; and

(4) any radioactive material, in amounts not ex-ceeding three millicuries per source, contained incalibration or reference sources that have beenmanufactured, labeled, packaged, and distributedin accordance with a specific license issued by thesecretary, the United States nuclear regulatorycommission, or an agreement state.

(f)(1) Each licensee who possesses sealedsources as calibration or reference sources pur-suant to subsection (e) shall cause each sealedsource containing radioactive material, other thanhydrogen 3, that has a half-life greater than 30days and that is in any form other than gas to betested for leakage, contamination, or both at in-tervals not exceeding six months. In the absenceof a certificate from a transferor indicating that aleak test has been made within six months beforethe transfer of a particular sealed source, thatsealed source shall not be used until tested, unlessone of the following conditions is met:

(A) The source contains 100 microcuries orless of beta-emitting, gamma-emitting, or beta-emitting and gamma-emitting material, or 10 mi-crocuries or less of alpha-emitting material.

(B) The sealed source is stored and is not beingused.

(2) Each leak test required under paragraph(f)(1) shall be capable of detecting the presenceof 0.005 microcurie of radioactive material on thetest sample. The test sample shall be taken fromsealed source or from the surfaces of the devicein which the sealed source is permanentlymounted or stored and on which contaminationmight be expected to accumulate. Records of leaktest results shall be kept in units of microcuriesand shall be maintained for inspection by thedepartment.

(3) If the leak test reveals the presence of 0.005microcurie or more of removable contamination,the licensee shall immediately withdraw thesealed source from use and shall cause it to bedecontaminated and repaired, or to be disposedof in accordance with parts 3 and 4 of these reg-ulations. A report shall be filed with the secretarywithin five days of the test, describing the equip-ment involved, the test results, and the correctiveaction taken.

(g) Each licensee who possesses and uses cal-

ibration and reference sources pursuant to sub-section (e) shall perform the following:

(1) Follow radiation safety and handling in-structions that are approved by the secretary, theUnited States nuclear regulatory commission, oran agreement state and furnished by the manu-facturer on the label attached to the source, orpermanent container thereof, or in the leaflet orbrochure that accompanies the source;

(2) maintain the instructions referenced in par-agraph (g)(1) in a legible and conveniently avail-able form; and

(3) conduct a quarterly physical inventory toaccount for all sources received and possessed.Records of the inventories shall be maintained forinspection by the department and shall includethe quantities and kinds of radioactive material,location of sources, and the date of the inventory.(Authorized by and implementing K.S.A. 48-1607;effective, T-86-37, Dec. 11, 1985; effective May1, 1986; amended July 27, 2007.)

28-35-181e. Specific licenses for cer-tain items containing radioactive materialother than source, byproduct, or special nu-clear material. (a) (1) Each applicant for any ofthe following types of specific licenses shall sub-mit in the application the information specified inparagraph (a)(2):

(A) A specific license to apply radioactive ma-terial other than source, byproduct, or special nu-clear material to products specified in K.A.R. 28-35-192c(a);

(B) a specific license to incorporate radioactivematerial, other than source, byproduct, or specialnuclear material into products specified in K.A.R.28-35-192c(a); and

(C) a specific license to import products thatare specified in K.A.R. 28-35-192c(a) and thatcontain radioactive material other than source, by-product, or special nuclear material.

(2) Each applicant shall include the followinginformation in the application:

(A) The chemical and physical form and max-imum quantity of radioactive material in eachproduct;

(B) the details of construction and design ofeach product;

(C) the method of containment or binding ofthe radioactive material in the product;

(D) the procedures for and the results of pro-totype testing to demonstrate that the materialwill not become detached from the product and


226

that the radioactive material will not be releasedto the environment under the most severe con-ditions likely to be encountered during normal useof the product;

(E) the quality control procedures to be fol-lowed in the fabrication of production lots of theproduct and the quality control standards that theproduct will be required to meet;

(F) the proposed method of labeling or mark-ing each unit, except timepieces, hands, and dialscontaining tritium or promethium-147, and eachunit’s container with the identification of the man-ufacturer or initial transferor of the product andthe radioactive material in the product;

(G) for products for which limits on levels ofradiation are specified in this part, the radiationlevel and the method of measurement; and

(H) any additional information, including ex-perimental studies and tests, required by the sec-retary to facilitate a determination of the safety ofthe product.

(b)(1) Each person licensed under subsection(a) of this regulation shall file an annual reportwith the secretary regarding items transferred toother persons for use under K.A.R. 28-35-192c(a).Each report shall include the following:

(A) A description or identification of the typeof each product transferred;

(B) for each radionuclide in each type of prod-uct, the total quantity of radionuclide transferred;and

(C) the number of units of each type of prod-uct transferred during the reporting period.

(2) If no transfers of radioactive material havebeen made as specified in K.A.R. 28-35-192c(a)during a reporting period, the report shall indicatethis fact.

(3) Each report shall cover the 12-month pe-riod commencing on July 1 and ending on the fol-lowing June 30 and shall be filed on or before July31 of each year. (Authorized by and implementingK.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985;effective May 1, 1986; amended Dec. 30, 2005.)

28-35-181f. Special licenses for the in-troduction of radioactive material into prod-ucts in exempt concentrations. (a) An applica-tion for a specific license to introduce radioactivematerial into a product or material and to transferthe product or material to any person who is ex-empt from regulation under K.A.R. 28-35-192b(a)shall not be approved unless the applicant submitswith the application for the specific license:

(1) A description of the product or materialinto which the radioactive material is to beintroduced;

(2) an explanation of the intended use of theradioactive material;

(3) the method by which the radioactive ma-terial is to be introduced;

(4) the concentration of the radioactive mate-rial to be introduced;

(5) the control method or methods to be em-ployed to assure that no more than the specifiedconcentration is introduced;

(6) the estimated time interval between intro-duction of radioactive material into the product ormaterial and the transfer of the product ormaterial;

(7) the estimated concentration of radioactivematerial that will be present in the product or ma-terial at the time of transfer; and

(8) reasonable assurances that:(A) the concentrations of radioactive material

at the time of transfer will not exceed the limita-tions prescribed in K.A.R. 28-35-198a, ScheduleC;

(B) reconcentration of the radioactive materialconcentrations exceeding the limitations pre-scribed in K.A.R. 28-35-198a, Schedule C is notlikely to occur;

(C) use of lower concentrations of radioactivematerial is not practical or feasible; and

(D) the product or material is not likely to beincorporated in any food, beverage, cosmetic,drug or other commodity or product designed foringestion or inhalation by, or application to, a hu-man being.

(b)(1) Each person licensed under subsection(a) of this regulation shall file an annual reportwith the secretary describing the type and quan-tity of each product or material into which radio-active material has been introduced during the re-porting period; the name and address of theperson to whom possession of the product of ma-terial into which radioactive material has been in-troduced was transferred; the type and quantityof radioactive material which was introduced intoeach product or material; and the initial concen-tration of radioactive material in the product ormaterial at time of transfer of the radioactive ma-terial by the licensee.

(2) If no transfers of radioactive materials havebeen made during a reporting period, the reportshall indicate this fact.

(3) Each report shall cover the 12-month pe-

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riod commencing on July 1 of each year. (Author-ized by and implementing K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effectiveMay 1, 1986.)

28-35-181g. Licensing for industrial ra-diography operations. (a) Each application fora specific license shall be considered for approvalfor the use of licensed material for industrial ra-diography only if the application contains thefollowing:

(1) A description of a program for training ra-diographers and radiographer’s assistants thatmeets the requirements of part 7 in theseregulations;

(2) the procedures for verifying and docu-menting the certification status of radiographersand for ensuring that the certification of individ-uals acting as radiographers remains valid;

(3) the written operating and emergency pro-cedures as specified in part 7 in this article;

(4) a description of a program for inspectionsof the job performance of each radiographer andradiographer’s assistant at intervals not to exceedsix months;

(5) a program for inspection and maintenanceof radiographic exposure devices, equipment, andstorage containers to ensure proper functioning;

(6) a description of the applicant’s overall or-ganizational structure as it applies to the radiationsafety responsibilities in industrial radiography,including specified delegation of authority andresponsibility;

(7) the qualifications of the individual desig-nated as the radiation safety officer;

(8) if the applicant intends to perform leaktesting of sealed sources or exposure devices con-taining depleted uranium (DU) shielding, a de-scription of the procedures for performing thetest. The description shall include the following:

(A) The methods of collecting the samples;(B) the qualifications of the individual who an-

alyzes the samples;(C) the instruments to be used; and(D) the methods of analyzing the samples;(9) if the applicant intends to perform calibra-

tions of survey instruments and alarming rate-meters, a description of the methods to be usedand the experience of each person who will per-form the calibrations. All calibrations shall be per-formed according to the procedures describedand at the intervals specified in part 7 in theseregulations;

(10) identification and description of the loca-tion of each field station and permanent radio-graphic installation;

(11) identification of each location where allrecords required by this part and the other partsof these regulations will be maintained; and

(12) if the applicant intends to perform under-water radiography, a description of the following:

(A) Radiation safety procedures and radiogra-pher responsibilities unique to the performanceof underwater radiography;

(B) radiographic equipment and radiationsafety equipment unique to underwater radiog-raphy; and

(C) methods of gas-tight encapsulation ofequipment.

(b) Each licensee shall retain the records ofeach inspection for review by the department, fortwo years from the date the inspection is per-formed. (Authorized by and implementing K.S.A.48-1607; effective, T-86-37, Dec. 11, 1985; effec-tive May 1, 1986; amended Dec. 30, 2005.)

28-35-181h. Specific licenses to manu-facture and distribute the devices specified inK.A.R. 28-35-178b. An application for a specificlicense to manufacture and distribute one or moreof the devices specified in K.A.R. 28-35-178b shallnot be approved unless the applicant meets therequirements of subsections (a) and (b) of thisregulation in addition to meeting all of the addi-tional applicable requirements specified in theseregulations.

(a) Each applicant shall submit informationabout the design, manufacture, prototype testing,quality control, labels, proposed uses, installation,servicing, leak testing, operating and safety in-structions, and potential hazards of the device toprovide reasonable assurance that the followingconditions are met:

(1) The device can be safely operated by indi-viduals not having training in radiologicalprotection;

(2) under ordinary conditions of handling, stor-age, and use of the device, the radioactive materialcontained in the device will not be released orinadvertently removed from the device, and it isunlikely that any individual will receive a dose inexcess of 10 percent of the limits specified inK.A.R. 28-35-212a; and

(3) under accident conditions, including fireand explosion, associated with handling, storage,and use of the device, it is unlikely that any indi-

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vidual will receive an external radiation dose ordose commitment in excess of the following organdoses:

(A) Whole body; head and trunk; active blood-forming organs; gonads; or lens of eye

15 rems

(B) Hands and forearms; feet and ankles; local-ized areas of skin averaged over areas nolarger than 1 square centimeter

200 rems

(C) Other organs 50 rems.

(b)(1) Each device shall bear a durable, legible,clearly visible label or labels that contain, in clearlyidentified and separate statements, the followinginformation:

(A) Instructions and precautions necessary toensure safe installation, operation, and servicingof the device. Operating and service manuals maybe identified in the label and used to provide thisinformation;

(B) specification of whether or not leak testingor testing of any on-off mechanism and indicatoris required. The information shall include themaximum allowable time intervals between testsand shall identify the radioactive material by iso-tope, quantity of radioactivity, and date that thequantity was determined; and

(C) the information required in one of the fol-lowing statements, as appropriate, in the same ora substantially similar form:

(i) ‘‘The receipt, possession, use, and transfer of this device,model , serial no. , are subject to a general li-cense or the equivalent and the regulations of the U.S. nuclearregulatory commission or a state with which the U.S. nuclearregulatory commission has entered into an agreement for theexercise of regulatory authority. This label shall be maintainedon the device in a legible condition. Removal of this label isprohibited.

CAUTION—RADIOACTIVE MATERIAL

(Name of manufacturer or distributor)’’;or

(ii) ‘‘The receipt, possession, use, and transfer of this de-vice, model , serial no. , are subject to a generallicense or the equivalent, and the regulations of a licensingstate. This label shall be maintained on the device in a legiblecondition. Removal of this label is prohibited.

CAUTION—RADIOACTIVE MATERIAL

(Name of manufacturer or distributor)’’

(2) The model, serial number, and name of themanufacturer or distributor may be omitted fromthe requirements specified in paragraphs(b)(1)(C)(i) and (ii) if the information is elsewherespecified in labeling affixed to the device.

(3) Each device having a separate source hous-ing that provides the primary shielding for thesource shall also bear, on the source housing, adurable label containing the device model num-ber and serial number, the isotope and quantity,the words ‘‘Caution — Radioactive Material,’’ theradiation symbol described in part 4 of these reg-ulations, and the name of the manufacturer or in-itial distributor.

(4) Each device containing at least 370 Mbq(10 mCi) of cesium-137, 3.7 Mbq (0.1 mCi) ofstrontium-90, 37 Mbq (1 mCi) of americium-241or any other transuranic element based on the ac-tivity indicated on the label shall meet the follow-ing criteria:

(A)(i) Bear a permanent label affixed to thesource housing if the source housing is separable,including the words ‘‘Caution — Radioactive Ma-terial’’; or

(ii) bear a permanent label affixed to the deviceif the source housing is not separable, includingthe words ‘‘Caution — Radioactive Material’’; and

(B) if practicable, bear the radiation symboldescribed in part 4 of these regulations.

(c) If the device is required to be tested at in-tervals longer than six months, either for properoperation of the on-off mechanism and indicator,if any, or for leakage of radioactive material, or forboth, the applicant shall include in the applicationsufficient information to demonstrate that thelonger interval is justified by the performancecharacteristics of the device or of similar devicesand by design features that have a significant bear-ing on the probability or consequences of leakageof radioactive material from the device or failureof the on-off mechanism and indicator. In deter-mining the acceptable interval for the test forleakage of radioactive material, the applicant shalladdress the following in the application:

(1) The primary containment of the sourcecapsule;

(2) protection of the primary containment;(3) the methods of sealing the primary

containment;(4) the containment construction materials;(5) the form of contained radioactive material;(6) the maximum temperature withstood dur-

ing prototype tests;(7) the maximum pressure withstood during

prototype tests;(8) the maximum quantity of contained radio-

active material;

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(9) the radiotoxicity of contained radioactivematerial; and

(10) any prior operating experience with iden-tical devices or similarly designed and constructeddevices.

(d) If the general licensee under K.A.R. 28-35-181b, or under equivalent regulations of an agree-ment state, is authorized to install the device, col-lect the sample to be analyzed by a specificlicensee for leakage of radioactive material, serv-ice the device, test the on-off mechanism and in-dicator, or remove the device, the applicant shallinclude in the application the written instructionsto be followed by the general licensee, the esti-mated calendar-quarter doses associated witheach operation, and the bases for the estimates.The submitted information shall demonstrate thatperformance of the specified operations by an in-dividual untrained in radiological protection, inaddition to other handling, storage, and use of de-vices under the general license, is unlikely tocause that individual to receive a dose in excess of10 percent of the annual limits specified in part 4of these regulations. (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.)

28-35-181i. Special license to manufac-ture, distribute, assemble or repair luminoussafety devices for use in aircraft. An applica-tion for a specific license to manufacture, assem-ble, or repair luminous safety devices containingtritium or promethium-147, for use in aircraft,and to distribute such devices to persons generallylicensed under K.A.R. 28-35-178c shall not be ap-proved unless the applicant meets the require-ments of sections 32.53, 32.54, 32.55, 32.56 and32.101 of 10 CFR Part 32, as in effect on May 31,1984. (Authorized by and implementing K.S.A.1984 Supp. 48-1607; effective, T-86-37, Dec. 11,1985; effective May 1, 1986.)

28-35-181j. Special licenses to manu-facture and distribute calibration sourcescontaining americium-241 or plutonium. Anapplication for a specific license to manufacturecalibration sources containing americium-241 orplutonium and to distribute those sources to per-sons generally licensed under K.A.R. 28-35-178eshall not be approved unless the applicant meetsthe requirements of sections 32.57, 32.58, 32.59and 32.102 of 10 CFR Part 32, as in effect on May31, 1984, and the requirements of section 70.39

of 10 CFR Part 70, as in effect on May 31, 1984.(Authorized by and implementing K.S.A. 1984Supp. 48-1607; effective, T-86-37, Dec. 11, 1985;effective May 1, 1986.)

28-35-181k. Specific licenses to manu-facture and distribute ice detection devices.An application for a specific license to manufac-ture ice detection devices and to distribute thosedevices to persons generally licensed underK.A.R. 28-35-178g shall not be approved unlessthe applicant meets the requirements of sections32.61, 32.62, and 32.103 of 10 CFR Part 32, as ineffect on May 31, 1984. (Authorized by and im-plementing K.S.A. 1984 Supp. 48-1607; effective,T-86-37, Dec. 11, 1985; effective May 1, 1986.)

28-35-181l. Specific licenses to manu-facture and distribute industrial productsand devices containing depleted uranium. (a)An application to manufacture industrial productsand devices containing depleted uranium formass-volume applications and to distribute thoseproducts or devices to persons generally licensedunder K.A.R. 28-35-177a(c) shall not be approvedunless all of the following conditions, in additionto all of the applicable requirements specified inthese regulations, are met:

(1) The applicant submits sufficient informa-tion relating to the design, manufacture, proto-type testing, quality control procedures, labelingor marking, proposed uses, and potential hazardsof the industrial product or device to provide rea-sonable assurance that the possession, use, ortransfer of the depleted uranium in the productor device is not likely to cause any individual toreceive a radiation dose in excess of 10 percent ofthe limits specified in K.A.R. 28-35-212a.

(2) The applicant submits sufficient informa-tion regarding the industrial product or device andthe presence of depleted uranium for a mass-vol-ume application in the product or device to pro-vide reasonable assurance that unique benefitswill accrue to the public because of the usefulnessof the product or device.

(3) The secretary finds that the product or de-vice combines a high degree of utility with a lowprobability of uncontrolled disposal or dispersal ofsignificant quantities of depleted uranium into theenvironment.

(4) The application states clearly the use oruses for which the product or device is intended.

(b) Each person licensed pursuant to subsec-

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tion (a) of this regulation shall meet the followingrequirements:

(1) In the manufacture of the industrial prod-uct or device and in the installation of the de-pleted uranium into the product or device, main-tain the level of quality control required by thelicense;

(2) label or mark each unit to meet the follow-ing requirements:

(A) Identify the manufacturer of the productor device and the number of the license underwhich the product or device was manufactured,identify the fact that the product or device con-tains depleted uranium, and indicate the quantityof depleted uranium in each product or device;and

(B) state that the receipt, possession, use, andtransfer of the product or device are subject to ageneral license and the regulations issued by thesecretary, the U.S. nuclear regulatory commis-sion, or an agreement state;

(3) ensure that the depleted uranium, beforebeing installed in each product or device, has beenimpressed with the following legend clearly legi-ble through any plating or other covering: ‘‘de-pleted uranium’’;

(4)(A) Furnish a copy of K.A.R. 28-35-177aand a form specified by the department to eachperson to whom the applicant transfers depleteduranium in a product or device for use pursuantto the general license issued under K.A.R. 28-35-177a(c); or

(B) furnish the following to each person towhom the applicant transfers depleted uranium ina product or device for use pursuant to a generallicense issued by the U.S. nuclear regulatory com-mission or an agreement state:

(i) A copy of the regulation of the U.S. nuclearregulatory commission or an agreement state thatis equivalent to K.A.R. 28-35-177a(c) and a copyof the certificate of the U.S. nuclear regulatorycommission or agreement state;

(ii) a copy of K.A.R. 28-35-177a and a copy ofthe form specified by the department; and

(iii) a note explaining that the use of the prod-uct or device is regulated by the U.S. nuclear reg-ulatory commission or an agreement state underrequirements substantially the same as those inK.A.R. 28-35-177a;

(5) report to the department all transfers of in-dustrial products or devices to another person foruse under the general license specified in K.A.R.28-35-177a(c). This report shall identify each gen-

eral licensee by providing the following informa-tion:

(A) The name and address;(B) the name of an individual, by name and

position, if any, who shall be a point of contactbetween the department and the general licensee;

(C) the type and model number of the devicetransferred; and

(D) the quantity of depleted uranium con-tained in the product or device. Each licenseeshall submit a report within 30 days after the endof each calendar quarter. If no transfers have beenmade to persons generally licensed under K.A.R.28-35-177a(c) during the reporting period, the re-port shall indicate this fact;

(6)(A) Report to the U.S. nuclear regulatorycommission all transfers of industrial products ordevices to persons for use under a U.S. nuclearregulatory commission general license that isequivalent to the license specified in K.A.R. 28-35-177a(c);

(B) report to the appropriate state agency ofeach agreement state all transfers of devicesmanufactured and distributed pursuant to thisregulation for use under a general license issuedby that particular agreement state; and

(C) identify the following in each report re-quired under paragraph (b) (6)(A) or (b) (6)(B):

(i) Each general licensee by name and address;(ii) the name of an individual, by name and po-

sition, if any, who shall be a point of contact be-tween the commission or state agency and thegeneral licensee;

(iii) the type and model number of the devicetransferred; and

(iv) the quantity of depleted uranium con-tained in the product or device.

Each licensee shall submit the report within 30days after the end of each calendar quarter. If notransfers are made to U.S. nuclear regulatorycommission licensees during any reporting pe-riod, this information shall be reported to the U.S.nuclear regulatory commission. If no transfers aremade to general licensees within a particularagreement state during the reporting period, thisinformation shall be reported to the appropriateagency of the agreement state;

(7) keep and maintain, for two years, recordsshowing the name, address, and point of contactfor each general licensee to whom a transfer ofdepleted uranium in industrial products or de-vices has been made, including the date of the

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transfer and the quantity of depleted uranium inthe product or device transferred; and

(8) keep and maintain, for two years, recordsshowing compliance with the reporting require-ments of this subsection. (Authorized by and im-plementing K.S.A. 48-1607; effective, T-86-37,Dec. 11, 1985; effective May 1, 1986; amendedDec. 30, 2005.)

28-35-181m. Specific licenses to man-ufacture, prepare, or distribute radiophar-maceuticals containing radioactive materialfor medical use. An application for a specific li-cense to manufacture, prepare, or distribute ra-diopharmaceuticals containing radioactive mate-rial and used by persons as specified in part 6 ofthese regulations shall not be approved unless theapplicant meets the requirements of this regula-tion and all other applicable requirements of theseregulations.

(a) The applicant shall meet the requirementsspecified in K.A.R. 28-35-180a.

(b) The applicant shall submit evidence of ei-ther of the following:

(1) The radiopharmaceutical containing radio-active material is subject to the federal food, drugand cosmetic act or the public health service actand will be manufactured, labeled, and packagedin accordance with a new drug application (NDA)approved by the food and drug administration(FDA), a biologic product license issued by theFDA, or a ‘‘notice of claimed investigational ex-emption for a new drug’’ (IND) accepted by theFDA.

(2) The manufacture and distribution of the ra-diopharmaceutical containing radioactive materialis not subject to the federal food, drug, and cos-metic act or the public health service act.

(c) Each applicant shall submit evidence of atleast one of the following:

(1) The applicant is registered or licensed withthe U.S. food and drug administration as a drugmanufacturer.

(2) The applicant is registered or licensed witha state agency as a drug manufacturer.

(3) The applicant is licensed as a pharmacy bythe state board of pharmacy.

(4) The applicant is operating as a nuclearpharmacy within a federal medical institution.

(d) The applicant shall submit the following in-formation on the radionuclide:

(1) The chemical and physical form of thematerial;

(2) the packaging in which the radionuclide isshipped, including the maximum activity perpackage; and

(3) evidence that the shielding provided by thepackaging of the radioactive material is appropri-ate for the safe handling and storage of radiophar-maceuticals by group licensees.

(e)(1) The applicant shall submit a descriptionof the following:

(A) A label that shall be affixed to each trans-port radiation shield, whether the shield is con-structed of lead, glass, plastic, or other material,of a radioactive drug to be transferred for com-mercial distribution. The label shall include thefollowing:

(i) The radiation symbol and the words ‘‘CAU-TION — RADIOACTIVE MATERIAL’’ or‘‘DANGER — RADIOACTIVE MATERIAL’’;

(ii) the name of the radioactive drug and theabbreviation; and

(iii) the quantity of radioactivity at a specifieddate and time. For radioactive drugs with a half-life greater than 100 days, the time may be omit-ted; and

(B) a label that shall be affixed to each syringe,vial, or other container used to hold a radioactivedrug to be transferred for commercial distribu-tion. The label shall include the radiation symboland the words ‘‘CAUTION — RADIOACTIVEMATERIAL’’ or ‘‘DANGER — RADIOACTIVEMATERIAL’’ and an identifier that ensures thatthe syringe, vial, or other container can be cor-related with the information on the transport ra-diation shield label.

(2) The labels, leaflets, or brochures requiredby this regulation shall be made in addition to thelabeling required by the FDA. The labels, leaflets,or brochures may be separate from the FDA la-beling, or with the approval of the FDA, the la-beling may be combined with the labeling re-quired by the FDA.

(f) All of the following shall apply to each li-censee described in paragraph (c)(3) or (c)(4), orboth:

(1) The licensee may prepare radioactive drugsfor medical use, if each radioactive drug is pre-pared by either an authorized nuclear pharmacist,as specified in paragraphs (2) and (4) of this sub-section, or an individual under the supervision ofan authorized nuclear pharmacist.

(2) The licensee may allow a pharmacist towork as an authorized nuclear pharmacist if atleast one of the following conditions is met:

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(A) The pharmacist qualifies as an authorizednuclear pharmacist.

(B) The pharmacist meets the requirementsspecified in 10 CFR 35.55 (b) and 35.59, and thelicensee has received an approved license amend-ment identifying this individual as an authorizednuclear pharmacist.

(C) The pharmacist is designated as an author-ized nuclear pharmacist in accordance with para-graph (4) of this subsection.

(3) The actions authorized in paragraphs (1)and (2) of this subsection shall be permitted inspite of more restrictive language in licenseconditions.

(4) The licensee may designate a pharmacist asan authorized nuclear pharmacist if the individualwas identified on or before December 2, 1994 asan ‘‘authorized user’’ on a nuclear pharmacy li-cense issued under this part.

(5) Each licensee shall provide the following tothe department no later than 30 days after thedate that the licensee allows, pursuant to para-graphs (2)(A) and (2)(C) of this subsection, theindividual to work as an authorized nuclearpharmacist:

(A) A copy of each individual’s certification bythe board of pharmaceutical specialties, the de-partment or agreement state license, or the per-mit issued by a licensee of broad scope; and

(B) a copy of the state pharmacy license orregistration.

(g) Each licensee shall possess and use instru-mentation to measure the radioactivity of radio-active drugs. Each licensee shall have proceduresfor using the instrumentation. Each licensee shallmeasure, by direct measurement or by combina-tion of measurements and calculations, theamount of radioactivity in dosages of alpha-, beta-,or photon-emitting radioactive drugs before trans-fer for commercial distribution. Each licenseeshall meet the following requirements:

(1) Perform tests before initial use, periodi-cally, and following repair on each instrument foraccuracy, linearity, and geometry dependence, asappropriate for the use of the instrument, andmake adjustments if necessary; and

(2) check each instrument for constancy andproper operation at the beginning of each day ofuse.

(h) Nothing in these regulations shall exemptthe licensee from the requirement to comply withapplicable FDA requirements and other federaland state requirements governing radioactive

drugs. (Authorized by and implementing K.S.A.48-1607; effective, T- 86-37, Dec. 11, 1985; effec-tive May 1, 1986; amended Dec. 30, 2005;amended July 27, 2007.)

28-35-181n. Specific licenses to manu-facture and distribute generators or reagentkits for preparation of radiopharmaceuticalscontaining radioactive material. Each appli-cation for a specific license to manufacture anddistribute generators or reagent kits containing ra-dioactive material for preparation of radiophar-maceuticals by persons licensed as specified inK.A.R. 28-35-181d for the uses listed in group IIIshall meet the requirements of subsections (a),(b), (c), and (d).

(a) Each applicant shall meet the generalrequirements specified in K.A.R. 28-35-180a.

(b) Each applicant shall submit documentationof one of the following:

(1) The generator or reagent kit is subject tothe federal food, drug and cosmetic act or thepublic health service act and will be manufac-tured, labeled, and packaged in accordance witha new drug application (NDA) approved by thefood and drug administration (FDA), a biologicproduct license issued by FDA, or a ‘‘notice ofclaimed investigational exemption for a new drug’’(IND) accepted by FDA.

(2) The manufacture and distribution of thegenerator or reagent kit is not subject to the fed-eral food, drug, and cosmetic act and the publichealth service act.

(c) Each applicant shall submit information onthe following:

(1) The radionuclide;(2) the chemical and physical form of the

material;(3) packaging, including maximum activity per

package; and(4) shielding provided by the packaging of the

radioactive material contained in the generator orreagent kit.

(d) The label affixed to the generator or re-agent kit shall contain information on the radio-nuclide, quantity, and date of assay.

(e) The label affixed to the generator or re-agent kit, or the leaflet or brochure that accom-panies the generator or reagent kit, shall containthe following:

(1) Adequate information, from a radiationsafety standpoint, on the procedures to be fol-lowed and the equipment and shielding to be used

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in eluting the generator or processing radioactivematerial with the reagent kit; and

(2) a statement that ‘‘this generator or reagentkit, as appropriate, is approved for use by personslicensed by the department according to K.A.R.28-35-181d for group III uses, or under equiva-lent licenses of the United States nuclear regula-tory commission or another agreement state.’’ Thelabels, leaflets, or brochures required by this par-agraph shall be in addition to the labeling requiredby the FDA. The labels, leaflets, or brochures maybe separate from FDA labeling, or with the ap-proval of FDA, the labeling may be combinedwith the labeling required by the FDA. (Author-ized by and implementing K.S.A. 48-1607; effec-tive, T-86-37, Dec. 11, 1985; effective May 1,1986; amended July 27, 2007.)

28-35-181o. Specific licenses to manu-facture and distribute sources and devices foruse as a calibration or reference source or forcertain medical uses. (a) Each application for aspecific license to manufacture and distributesources and devices containing radioactive mate-rial to persons licensed as specified in K.A.R. 28-35-181d for use as a calibration or referencesource or for one or more of the uses listed ingroup VI shall include the following informationregarding each type of source or device:

(1) The radioactive material contained, itschemical and physical form, and amount;

(2) details of design and construction of thesource or device;

(3) procedures for, and results of, prototypetests to demonstrate that the source or device willmaintain its integrity under stresses likely to beencountered in normal use and in accidents;

(4) for devices containing radioactive material,the radiation profile for a prototype device;

(5) details of quality control procedures to en-sure that the production sources and devices meetthe standards of the design and prototype tests;

(6) procedures and standards for calibratingsources and devices;

(7) legend and methods for labeling sourcesand devices as to their radioactive content;

(8) radiation safety instructions for handlingand storing the source or device. These instruc-tions shall be included on a durable label attachedto the source or device. However, instructionsthat are too lengthy for the label may be sum-marized on the label and printed in detail on abrochure that is referenced on the label; and

(9) the label that is to be affixed to the sourceor device or to the permanent storage containerfor the source or device. The label shall containinformation on the radionuclide, quantity, anddate of assay, and a statement that the source ordevice is licensed by the department for distri-bution to persons licensed under K.A.R. 28-35-181d or under an equivalent license of the U.S.nuclear regulatory commission or an agreementstate. Labeling for sources that do not requirelong-term storage may be on a leaflet or brochurethat is to accompany the source.

(b) (1) If the applicant wants to have thesource or device required to be tested for leakageof radioactive material at intervals longer than sixmonths, the applicant shall include in the appli-cation sufficient information to demonstrate thatthe longer interval is justified by performancecharacteristics of the source or device, or similarsources or devices, and by design features thathave a significant bearing on the probability orconsequences of leakage of radioactive materialfrom the source.

(2) In determining the acceptable interval be-tween tests for leakage of radioactive material, in-formation that includes the following shall be con-sidered by the secretary:

(A) The nature of the primary containment;(B) the method for protection of the primary

containment;(C) the method of sealing the containment;(D) containment construction materials;(E) the form of the contained radioactive

material;(F) the maximum temperature withstood dur-

ing prototype tests;(G) the maximum pressure withstood during

prototype tests;(H) the maximum quantity of contained radi-

oactive material;(I) the radiotoxicity of contained radioactive

material; and(J) the applicant’s operating experience with

identical sources or devices or with similarly de-signed and constructed sources or devices. (Au-thorized by and implementing K.S.A. 48-1607; ef-fective, T-86-37, Dec. 11, 1985; effective May 1,1986; amended July 27, 2007.)

28-35-181p. Specific license to manu-facture or distribute radioactive material foruse by persons generally licensed underK.A.R. 28-35-178h. An application for a specific

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license to manufacture or distribute, or to manu-facture and distribute radioactive material for useby persons generally licensed under K.A.R. 28-35-178h, shall not be approved unless the applicantmeets the requirements of subsections (a),(b),(c),and (d) of this regulation.

(a) The radioactive material shall be preparedfor distribution in prepackaged units of:

(1) iodine-125 in units not exceeding 10 micro-curies each;

(2) iodine-131 in units not exceeding 10 micro-curies each;

(3) carbon-14 in units not exceeding 10 micro-curies each;

(4) hydrogen-3 (tritium) in units not exceeding50 microcuries each;

(5) iron-59 in units not exceeding 20 microcu-ries each;

(6) selenium-75 in units not exceeding 10 mi-crocuries each;

(7) mock iodine-125 in units not exceeding0.05 microcuries of iodine-129 and 0.005 micro-curies of americum-241; or

(8) cobalt-57 in units not exceeding 10 micro-curies each.

(b) Each prepackaged unit shall bear a durableclearly visible label:

(1) identifying the radioactive contents as tochemical form and radionuclide, and indicatingthat the amount of radioactivity does not exceed:

(A) 10 microcuries of iodine-125, iodine-131,carbon-14, cobalt-57, or selenium-75;

(B) 50 microcuries of hydrogen-3 (tritium);(C) 20 microcuries of iron-59; or(D) 0.05 microcurie of iodine-129 and 0.005

microcurie of americium-241 each; and(2) Displaying the radiation caution symbol de-

scribed in K.A.R 28-35-219a and the words,‘‘CAUTION—RADIOACTIVE MATERIAL’’,and ‘‘not for internal or external use in humans oranimals’’.

(c) The following statement, or a substantiallysimilar statement, shall appear on a label affixedto each prepackaged unit, or in a leaflet or bro-chure to accompany the package:

‘‘The radioactive material may be received, acquired, pos-sessed, and used only by physicians, clinical laboratories orhospitals and only for in vitro clinical or laboratory tests notinvolving internal or external administration of the material orthe radiation therefrom, to human beings or animals. Its re-ceipt, acquisition, possession, use, and transfer are subject tothe regulations and a general license of the United States nu-clear regulatory commission or of a state with which the com-

mission has entered into an agreement for the exercise of reg-ulatory authority.

Name of manufacturer’’

(d) The label to be affixed to the unit, or a leaf-let or brochure which is to accompany the pack-age, shall contain information concerning the pre-cautions to be observed in handling and storingthe radioactive material and regarding the wastedisposal requirements of K.A.R. 28-35-223a. (Au-thorized by and implementing K.S.A. 1984 Supp.48-1607; effective, T-86-37, Dec. 11, 1985; effec-tive May 1, 1986.)

28-35-181q. Special licenses concern-ing gas and aerosol detectors containing ra-dioactive material other than by-product,source or special nuclear material. (a) An ap-plication for a specific license to manufacture,process, produce or transfer gas and aerosol de-tectors which contain radioactive material otherthan source, by-product, or special nuclear ma-terial, and which are designed to protect life orproperty from fires and airborne hazards, shall notbe approved unless the applicant submits the in-formation required by the United States nuclearregulatory commission under 10 CFR sections32.26 and 32.27, as in effect on March 31, 1983,for similar devices containing by-product material.

(b) Each person issued a license under subsec-tion (a) of this regulation shall:

(1) develop and carry out adequate controlprocedures in the manufacture of the product toassure that each production lot meets quality con-trol standards approved by the department;

(2) agree to label or mark each unit so that themanufacturer of the product and the radioactivematerial in the product can be identified and pro-vide other information with each unit that may berequired by the department, including disposal in-struction when appropriate; and

(3) agree to file an annual report with the de-partment, which shall include the following infor-mation on products imported for sale or distri-bution or transferred to other persons for useunder K.A.R. 28-35-192a or an equivalent regu-lation of the United States nuclear regulatorycommission or an agreement state:

(A) A description or identification of the typeof each product imported or transferred;

(B) for each radionuclide in each type of prod-uct, the total quantity of the radionuclide im-ported or transferred; and

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(C) the number of units of each type of prod-uct imported or transferred during the reportingperiod. If no imports or transfers of radioactivematerial have been made during a reporting pe-riod, the report shall so indicate.

(c) The report required by paragraph (3) ofsubsection (b) of this regulation shall cover the 12-month period commencing on July 1, and endingon June 30, and shall be filed by July 31 of eachyear. (Authorized by and implementing K.S.A.1984 Supp. 48-1607; effective, T-86-37, Dec. 11,1985; effective May 1, 1986.)

28-35-181r. Special licenses to manu-facture, process, import, distribute or trans-fer certain radioactivematerial to persons ex-empt from regulation pursuant to K.A.R.28-35-192a. (a) An application for a specific li-cense to manufacture, process, produce, import,package, repackage, or transfer quantities of ra-dioactive material other than source, byproduct,or special nuclear material for commercial distri-bution to persons exempt from these regulationspursuant to K.A.R. 28-35-192a or an equivalentregulation of the United States nuclear regulatorycommission or an agreement state shall not be ap-proved unless the applicant submits the informa-tion required in 10 CFR sections 32.18 and 32.19,as in effect on March 31, 1983.

(b) Each person licensed under subsection (a)of this regulation shall maintain records identify-ing, by name and address, each person to whomthe licensee transfers radioactive material andstating the kinds and quantities of radioactive ma-terial transferred. An annual summary report stat-ing the total quantity of each isotope transferredshall be filed with the department. Each reportshall cover the 12-month period commencing onJuly 1 and ending June 30 and shall be filed byJuly 31 of each year. If no transfers of radioactivematerial have been made during a reporting pe-riod, the report shall indicate this fact. (Author-ized by and implementing K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effectiveMay 1, 1986.)

28-35-181s. Specific licenses for welllogging. Each application for a specific licensefor the use of licensed material in well loggingshall be considered for approval only if the appli-cation contains the following:

(a) A description of the training program forlogging supervisors and logging assistants that in-cludes the following:

(1) The content of and method for initialtraining;

(2) on-the-job training;(3) annual safety reviews provided by the

licensee;(4) the means that the applicant will use to

demonstrate the logging supervisor’s knowledgeand understanding of and ability to comply withthese regulations, the license conditions, and theapplicant’s operating and emergency procedures;and

(5) the means that the applicant will use todemonstrate the logging assistant’s knowledgeand understanding of and ability to comply withthe applicant’s operating and emergencyprocedures;

(b) a copy of the written operating and emer-gency procedures required by K.A.R. 28-35-383or an outline or a summary of the procedures thatincludes the radiation safety aspects;

(c) a description of the program, which shallinclude records, for annual inspections of the jobperformance of each logging supervisor to ensurethat these regulations, the license conditions, andthe applicant’s operating and emergency proce-dures are followed. The inspection records shallbe retained for three years after each annual in-ternal inspection;

(d) a description of the applicant’s overall or-ganizational structure as it applies to the radiationsafety responsibilities in well logging, includingany delegation of authority and responsibility; and

(e) the manufacturer’s name and model num-bers of the leak test kits to be used, if an applicantdesires to perform leak testing of the sealedsources. If the applicant desires to analyze the ap-plicant’s own wipe samples, the application shallinclude a copy of the procedures to be followed.The procedures shall include the following:

(1) The instruments to be used;(2) the methods of performing the analysis;

and(3) the applicable experience of the person

who will analyze the wipe samples. (Authorizedby and implementing K.S.A. 48-1607; effectiveDec. 30, 2005.)


28-35-182a. Specific licenses of broadscope; types of specific licenses. (a) A ‘‘type Aspecific license of broad scope’’ is a specific li-


236

cense which is issued to a person who meets therequirements of K.A.R. 28-35-182b and which au-thorizes that person to acquire, own, possess, useand transfer radioactive material in a quantity notexceeding the quantity specified in the license.

(b)(1) A ‘‘type B specific license of broadscope’’ is a specific license issued to a person whomeets the requirements of K.A.R. 28-35-182c andwhich authorizes that person to acquire, own, pos-sess, use and transfer a specified amount of oneor more of the radionuclides listed in K.A.R. 28-35-200a.

(2) If only one radionuclide is acquired, owned,possessed, used and transferred, the quantity al-lowed under a type B specific license of broadscope shall be the quantity specified in column Iof K.A.R. 28-35-200a.

(3) If two or more radionuclides are acquired,owned, possessed, used and transferred, thequantity of all the radionuclides allowed shall bedetermined as follows:

(A) Determine the ratio of the quantity of eachradionuclide to the quantity of that radionuclidespecified in column I of K.A.R. 28-35-200a.

(B) Add the ratios.(C) The sum of those ratios shall not exceed

unity.(c)(1) A ‘‘type C specific license of broad

scope’’ is a specific license which is issued to aperson who meets the requirements of K.A.R. 28-35-182d and which authorizes that person to ac-quire, own, possess, use and transfer a specifiedamount of one or more of the radionuclides listedin K.A.R. 28-35-200a.

(2) If only one radionuclide is acquired, owned,possessed, used and transferred, the quantity al-lowed under a type C specific license of broadscope shall be the quantity specified in column IIof K.A.R. 28-35-200a.

(3) If two or more radionuclides are acquired,owned, possessed, used and transferred, thequantity of all radionuclides allowed shall be de-termined as follows:

(A) Determine the ratio of the quantity of eachradionuclide to the quantity of that radionuclidespecified in column II of K.A.R. 28-35-200a.

(B) Add the ratios.(C) The sum of the ratios shall not exceed

unity. (Authorized by and implementing K.S.A.1984 Supp. 48-1607; effective, T-86-37, Dec. 11,1985; effective May 1, 1986.)

28-35-182b. Qualifications for a type A

specific license of broad scope. A type A spe-cific license of broad scope shall be issued only toan applicant who:

(a) has previously engaged in activities involv-ing the use of radioactive materials. The applicantshall submit a summary of the previous activitiesthat involved the use of radioactive materials; and

(b) has established administrative controls andprovisions relating to organization and manage-ment, procedures, record-keeping, material con-trol and accounting, and management review toassure safe operations. These controls shallinclude:

(1) The establishment of a radiation safetycommittee composed of a radiation safety officer,a representative of management, and personstrained and experienced in the safe use of radio-active material;

(2) the appointment of a radiation safety officerwho is qualified by training and experience in ra-diation protection, and who is available for adviceand assistance on radiation safety matters; and

(3) the establishment of appropriate adminis-trative procedures. These procedures shall assurethat:

(A) the procurement and use of radioactivematerial is controlled;

(B) safety evaluations of proposed uses of ra-dioactive material are completed. These evalua-tions shall take into consideration the adequacy offacilities and equipment, training and experienceof the user, and proper operating or handling pro-cedures; and

(C) prior to the use of the radioactive material,the safety evaluation of proposed uses, preparedin accordance with paragraph (3)(B) of this sub-section, is reviewed, approved and recorded bythe radiation safety committee. (Authorized byand implementing K.S.A. 1984 Supp. 48-1607; ef-fective, T-86-37, Dec. 11, 1985; effective May 1,1986.)

28-35-182c. Qualifications for a type Bspecific license of broad scope. A type B spe-cific license of broad scope shall be issued only toan applicant who has established controls and pro-visions relating to organization and management,procedures, recordkeeping, material control andaccounting, and management review that are suf-ficient to ensure safe operation. These controlsand provisions shall include the following:

(a) The appointment of a radiation safety offi-cer who is qualified by training and experience in

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radiation protection and who is available for ad-vice and assistance on radiation safety matters;and

(b) the establishment of appropriate adminis-trative procedures. These procedures shall ensurethat all of the following conditions are met:

(1) The procurement and use of radioactivematerial are controlled.

(2) Safety evaluations of proposed uses of ra-dioactive material are completed. These evalua-tions shall take into consideration the adequacy offacilities and equipment, training and experienceof the user, and proper operating or handlingprocedures.

(3) Before use of the radioactive material, thesafety evaluation of proposed uses, prepared inaccordance with paragraph (b)(2), is reviewed, ap-proved, and recorded by the radiation safety of-ficer. (Authorized by and implementing K.S.A.48-1607; effective, T-86-37, Dec. 11, 1985; effec-tive May 1, 1986; amended July 27, 2007.)

28-35-182d. Qualifications for a type Cspecific license of broad scope. A type C spe-cific license of broad scope shall be issued only toan applicant who:

(a) submits a statement that radioactive mate-rial will only be used by, or under the direct su-pervision of, an individual or individuals who have:

(1) at least a bachelor’s degree or equivalenttraining and experience in a physical or biologicalscience or in engineering; and

(2) at least 40 hours of training and experiencein the safe handling of radioactive materials, andin the characteristics of ionizing radiation, units ofradiation dose and quantities, radiation detectioninstrumentation, and biological hazards of expo-sure to radiation. Such training and experienceshall be appropriate to the type and forms of ra-dioactive material to be used; and

(b) has established administrative controls andprovisions relating to procurement of radioactivematerials, procedures, record-keeping, materialcontrol and accounting, and management reviewto assure safe operations. These control provisionsshall include appropriate administrative proce-dures which assure that:

(1) procurement and use of radioactive mate-rial is controlled; and

(2) safety evaluations of proposed uses of ra-dioactive material are completed. Such evalua-tions shall take into consideration the adequacy offacilities and equipment and proper operating or

handling procedures. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986.)

28-35-182e. Restrictions on specific li-censes of broad scope. (a) Any person who hasbeen issued any type of specific license of broadscope shall not:

(1) Conduct tracer studies in the environmentinvolving direct release of radioactive material;

(2) receive, acquire, own, possess, use, ortransfer devices containing 100,000 curies ormore of radioactive material as sealed sourcesused for irradiation of materials;

(3) conduct activities for which a particularspecific license is required; or

(4) add, or cause the addition of, radioactivematerial to any food, beverage, cosmetic, drug, orother product designed for ingestion or inhalationby, or application to, a human being.

(b) Any radionuclide or radionuclides pos-sessed under a type A specific license of broadscope shall be only used by, or under the directsupervision of, a person or persons approved by alicensee’s radiation safety committee.

(c) Any radionuclide or radionuclides pos-sessed under a type B specific license of broadscope shall be only used by, or under the directsupervision of, a person or persons approved by alicensee’s radiological safety officer.

(d) Any radionuclide or radionuclides pos-sessed under a type C specific license of broadscope shall be used only by, or under the directsupervision of, a person or persons who meet therequirements of K.A.R. 28-35-182d(a). (Author-ized by and implementing K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effectiveMay 1, 1986.)


28-35-183a. Conditions imposed uponany specific license. (a) Upon determining thatan application meets the requirements of the actand these regulations, the secretary shall issue aspecific license authorizing the activity proposedby the applicant and may impose any limitationsor conditions to the specific license as the secre-tary deems appropriate or necessary.

(b) The secretary may incorporate in any li-cense, at the time of its issuance or thereafter, any


238

requirements and conditions with respect to thelicensee’s receipt, possession, use, or transfer ofradioactive material as the secretary deems appro-priate or necessary in order to:

(1) Protect health or to minimize danger to lifeand property;

(2) assure the proper reporting, record-keep-ing and inspection of activities by the licensee; and

(3) prevent loss or theft of material subject tothese regulations. (Authorized by and implement-ing K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986.)


28-35-184a. Specific conditions on alllicenses. (a) No license and no right under anylicense shall be assigned or otherwise transferredexcept as authorized under the act or theseregulations.

(b) Each person authorized under these regu-lations shall confine the use and possession of theradioactive material licensed to the locations andpurposes authorized in the license.

(c) No person shall introduce radioactive ma-terial into any product or material knowing or hav-ing reason to believe that the product or materialwill be transferred to a person exempt from theseregulations under K.A.R. 28-35-192a, 28-35-192b,28-35-192c, 28-35-192d, 28-35-192e, 28-35-192f,or 28-35-192g or the equivalent regulations of theUnited States nuclear regulatory commission oran agreement state, except in accordance with aspecific license issued under K.A.R. 28-35-181f orthe general license issued under K.A.R. 28-35-194a.

(d) Each licensee shall file written notice withthe secretary 30 days before vacating any facilitywhen the licensee decides to permanently discon-tinue all activities involving licensed materials au-thorized in that facility under the license.

(e) Each licensee authorized under K.A.R. 28-35-181h to distribute devices to generally licensedpersons shall perform the following:

(1) Report to the department all sales or trans-fers of those devices to persons generally licensedunder K.A.R. 28-35-178b. The report shall iden-tify each general licensee by name and address,the type of device transferred, and the quantityand type of radioactive material contained in the

device. A report shall be submitted within 90 daysof the sale or transfer; and

(2) furnish, to each general licensee to whomthe licensee transfers any such device, a copy ofthe general license issued under K.A.R. 28-35-178b.

(f)(1) Each general licensee that is required bythis part to register and each specific licensee shallnotify the department, in writing, immediately fol-lowing the filing of a voluntary or involuntary pe-tition for bankruptcy under any chapter of title 11,bankruptcy, of the United States code by oragainst the following:

(A) The licensee;(B) any person controlling the licensee or list-

ing the license or licensee as property of the es-tate; or

(C) any affiliate of the licensee.(2) The notification specified in paragraph

(f)(1) shall indicate the following:(A) The name of the bankruptcy court in which

the petition for bankruptcy was filed; and(B) the date of the filing of the petition.(g) Each portable gauge licensee shall use at

least two independent physical controls that formtangible barriers to secure each portable gaugefrom unauthorized removal whenever the porta-ble gauge is not under the control and constantsurveillance of the licensee. (Authorized by andimplementing K.S.A. 48-1607; effective, T-86-37,Dec. 11, 1985; effective May 1, 1986; amendedDec. 30, 2005; amended July 27, 2007.)

28-35-184b. Reporting requirements.(a) Immediate report. Each licensee shall notifythe department as soon as possible but not laterthan four hours after the discovery of any of thefollowing types of events:

(1) An event that prevents immediate protec-tive actions necessary to avoid exposures to radi-ation or radioactive materials that could exceedregulatory limits; or

(2) an event involving a release of licensed ma-terial that could exceed regulatory limits.

(b) Twenty-four hour report. Each licenseeshall notify the department within 24 hours afterthe discovery of any of the following events in-volving licensed material:

(1) An unplanned contamination event inwhich the following conditions are met:

(A) Access to the contaminated area, by work-ers or the public, is restricted for more than 24

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239

hours by imposing additional radiological controlsor by prohibiting entry into the area;(B) the quantity of material involved is greater

than five times the lowest annual limit on intakespecified for the material in appendix B of the‘‘Appendices to part 4: standards for protectionagainst radiation,’’ effective April 1994; and(C) access to the area is restricted for a reason

other than to allow isotopes with a half-life of lessthan 24 hours to decay before decontamination;(2) an event in which equipment is disabled or

fails to function as designed when the followingconditions are met:(A) The equipment is required by regulation or

license condition to prevent releases exceedingregulatory limits, to prevent exposures to radiationand radioactive materials exceeding regulatorylimits, or to mitigate the consequences of anaccident;(B) the equipment is required to be available

and operable at the time the equipment is disa-bled or fails to function; and(C) no redundant equipment is available and

operable to perform the required safety function;(3) an event that requires unplanned medical

treatment at a medical facility of an individualwith spreadable radioactive contamination on theindividual or the individual’s clothing; and(4) an unplanned fire or explosion damaging

any licensed material or any device, container, orequipment containing licensed material when thefollowing conditions are met:(A) The quantity of material involved is greater

than five times the lowest annual limit of intakespecified for the material in appendix B of the‘‘appendices to part 4: standards for protectionagainst radiation,’’ effective April 1994; and(B) the damage affects the integrity of the li-

censed material or its container.(c) Preparation and submission of reports.

Each report made by a licensee submitting re-ports in response to the requirements of this reg-ulation shall meet the following requirements:(1) Each licensee shall submit the reports re-

quired by subsections (a) and (b) of this regulationby telephone to the Kansas department of healthand environment, bureau of air and radiation, ra-diation control program. Each report shall includethe following information, to extent it is available.(A) The caller’s name and a callback number;(B) a description of the event, including the

date and time;(C) the exact location of the event;

(D) the isotopes, quantities, and chemical andphysical forms of the licensed material involved;and(E) any personnel radiation exposure data

available.(2) Each licensee submitting any report re-

quired by subsection (a) or (b) of this regulationshall submit a written follow-up report within 30days of each initial report. A written report sub-mitted pursuant to other requirements of theseregulations shall be considered to fulfill this re-quirement if the report contains all of the infor-mation required by this paragraph. The reportshall include the following:(A) A description of the event, including the

probable cause, and the name of the manufac-turer and the model number, if applicable, of anyequipment that failed or malfunctioned;(B) a description of the exact location of the

event;(C) the isotopes, quantity, and chemical and

physical form of the licensed material involved;(D) the date and time of the event;(E) a description of the corrective actions

taken or planned and the results of any evaluationsor assessments; and(F) a description of the extent to which indi-

viduals were exposed to radiation or to radioactivematerials, without identifying any individuals byname. (Authorized by and implementing K.S.A.48-1607; effective Nov. 1, 1996; amended Dec.30, 2005.)


28-35-185a. Expiration of licenses. (a)Except as provided in K.A.R. 28-35-186a(b), eachspecific license shall expire at end of the day, inthe month and year stated on the license.(b) With respect to the possession of radioac-

tive material and residual radioactive contamina-tion, each specific license shall continue in effectbeyond the expiration date until the departmenthas notified the licensee, in writing, that the li-cense is terminated, even if any of the followingoccurs:(1) The licensee decides not to renew the

license.(2) No application for license renewal is

submitted.(3) An application for renewal is denied.


240

(4) The department modifies or suspends alicense.

(c) After the expiration date specified in the li-cense, each licensee to whom this regulation ap-plies who possesses radioactive material, includingresidual radioactive material, shall meet the fol-lowing requirements:

(1) Limit the licensee’s actions involving radi-oactive material to those related to decommis-sioning; and

(2) continue to control entry to restricted areasuntil the areas meet the requirements of K.A.R.28-35-205 or K.A.R. 28-35-205a. (Authorized byand implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986;amended Dec. 30, 2005.)


28-35-186a. Renewal of licenses. (a)Each application for the renewal of a specific li-cense shall be filed in accordance with K.A.R 28-35-179a.

(b) When a licensee, not less than 30 days priorto the expiration of the licensee’s existing license,has filed an application in proper form for renewalof the existing license, the existing license shall notexpire until final action on the application hasbeen made by the secretary. (Authorized by andimplementing K.S.A. 1984 Supp. 48-1607; effec-tive, T-86-37, Dec. 11, 1985; effective May 1,1986.)


28-35-187a. Amendment of licenses atrequest of licensee. Each application for theamendment of an existing license shall be filed inaccordance with K.A.R. 28-35-179a and shallspecify the respects in which the licensee desiresthe license to be amended and the grounds forthe amendment. (Authorized by and implement-ing K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986.)


28-35-188a. Department action on ap-plication to renew or amend. In consideringwhether to grant or deny an application to renew

an existing license, the secretary shall apply thecriteria which are applied to determine whetheran initial license should be granted or denied. (Au-thorized by and implementing K.S.A. 1984 Supp.48-1607; effective, T-86-37, Dec. 11, 1985; effec-tive May 1, 1986.)


28-35-189a. Advance notification oftransport of nuclear waste. (a) Prior to thetransport of any nuclear waste outside the con-fines of the licensee’s facility or any other place ofuse or storage, or prior to the delivery of any nu-clear waste to a carrier for transport, each licenseeshall provide advance notification of such trans-port to the governor, or the governor’s designee,of each state through which the waste will betransported. For the purpose of this regulation,‘‘nuclear waste’’ means any large quantity ofsource, by-product, or special nuclear material re-quired to be in type B packaging while trans-ported to, through, or across state boundaries toa disposal site, or to a collection point for transportto a disposal site.

(b) Each advance notification required by thisregulation shall contain the following information:

(1) the name, address, and telephone numberof the shipper, carrier and receiver of theshipment;

(2) a description of the nuclear waste con-tained in the shipment as required by regulationof the U.S. department of transportation 49 CFR172.202 and 172.203(d), as in effect July 1, 1984;

(3) the point of origin of the shipment and theseven day period during which departure of theshipment is estimated to occur;

(4) the seven day period during which arrivalof the shipment at state boundaries is estimatedto occur;

(5) the destination of the shipment, and theseven day period during which arrival of the ship-ment is estimated to occur; and

(6) a point of contact with a telephone numberfor current shipment information.

(c) The notification required by this regulationshall be made in writing to the office of each ap-propriate governor or the governor’s designee andto the Kansas department of health and environ-ment. A notification delivered by mail shall bepostmarked at least seven days before the begin-ning of the seven day period during which depar-

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ture of the shipment is estimated to occur. A no-tification delivered by messenger shall reach theoffice of each governor, or the governor’s desig-nee, at least four days before the beginning of theseven day period during which departure of theshipment is estimated to occur. A copy of the no-tification shall be retained by the licensee for oneyear.

(d) The licensee shall notify each appropriategovernor, or the governor’s designee, and theKansas department of health and environment ofany changes to the schedule information providedpursuant to this regulation. Such notification shallbe by telephone to a responsible individual in theoffice of each appropriate governor, or to the gov-ernor’s designee. The licensee shall maintain forone year a record of the name of the individualcontracted.

(e) Each licensee who cancels a nuclear wasteshipment for which advance notification has beensent shall send a cancellation notice to the gov-ernor, or the governor’s designee, of each appro-priate state and to the Kansas department ofhealth and environment. A copy of the notice shallbe retained by the licensee for one year.

(f) A list of the mailing addresses of each gov-ernor and each designee is available upon requestfrom the director, office of state programs, U.S.nuclear regulatory commission, Washington, D.C.20555. (Authorized by and implementing K.S.A.1984 Supp. 48-1607; effective, T-86-37, Dec. 11,1985; effective May 1, 1986.)


28-35-190a. Transfer of material. (a) Alicensee shall not transfer radioactive material ex-cept as authorized in this regulation.

(b) Any licensee may transfer radioactive ma-terial, subject to the acceptance of the transferee:

(1) To the department;(2) to the United States nuclear regulatory

commission or its successor;(3) to any person exempt from these regula-

tions under K.A.R. 28-35-192a, 28-35-192b, 28-35-192c, 28-35-192d, 28-35-192e, 28-35-192f and28-35-192g, as permitted under those regulations;

(4) to any person authorized to receive the ma-terial under an appropriate general or specific li-cense issued by the secretary, the United Statesnuclear regulatory commission or an agreement

state, or to any person otherwise authorized toreceive the material by the federal government orany agency thereof, the secretary or an agreementstate; or

(5) as otherwise authorized in writing by thesecretary; or

(6) to the U.S. department of energy.(c) Before transferring radioactive material to

a specific licensee or to a general licensee who isrequired to register with the department, theUnited States nuclear regulatory commission, oran agreement state, the licensee transferring thematerial shall verify that the transferee’s licenseauthorizes receipt of the type, form, and quantityof radioactive material to be transferred.

(d) The following methods for the verificationrequired by subsection (c) shall be acceptable.

(1) The transferor may obtain, and read, a cur-rent copy of the transferee’s specific license orregistration certificate.

(2) The transferor may obtain a written certi-fication by the transferee that the transferee is au-thorized by license or registration certificate to re-ceive the type, form, and quantity of radioactivematerial to be transferred, specifying the licenseor registration certificate number, issuing agency,and expiration date;

(3) For emergency shipments, the transferormay accept oral certification by the transferee thatthe transferee is authorized by license or registra-tion certificate to receive the type, form, andquantity of radioactive material to be transferred.The oral certification shall include the license orregistration certificate number, the issuingagency, and expiration date. The oral certificationshall be confirmed in writing within 10 days fol-lowing the oral certification.

(4) The transferor may obtain other sources ofinformation compiled by a reporting service fromofficial records of the department, United Statesnuclear regulatory commission, or an agreementstate as to the identity of licensees and the scopeand expiration dates of licenses and registration.

(5) When none of the methods of verificationdescribed in paragraphs (1) to (4) are readily avail-able, or when a transferor desires to verify thatinformation received by one of those methods iscorrect or up-to-date, the transferor may obtainand record confirmation, from the department,the United States nuclear regulatory commissionor an agreement state, that the transferee is li-censed to receive the radioactive material.

(e) The radioactive material shall be prepared


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for shipment and transport in accordance withK.A.R. 28-35-196a. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986.)


28-35-191a. Modification, revocation,and termination of licenses. (a) Any licensemay be suspended or revoked by reason ofamendment to the act or these regulations or byan order of the secretary.

(b) Any license may be revoked, suspended, ormodified, in whole or in part:

(1) For any material false statement in the ap-plication or any statement of fact required underprovision of the act or these regulations;

(2) because of any condition, revealed by theapplication, or any statement of fact, or any report,record, or inspection or other means, which wouldwarrant the denial of an original application; or

(3) for violation of, or failure to observe, any ofthe terms and conditions of the license, or anyrequirement of the act, or any rule and regulationor order of the secretary.

(c) Except in cases in which the public health,interest, or safety requires otherwise, no licenseshall be modified, suspended, or revoked unless,prior to the institution of such proceedings:

(1) those facts or conduct which appear to war-rant such action have been called to the attentionof the licensee in writing; and

(2) the licensee has been accorded an oppor-tunity to demonstrate or achieve compliance withall lawful requirements.

(d) The secretary may revoke a specific licenseupon written request of a licensee. (Authorized byand implementing K.S.A. 1984 Supp. 48-1607; ef-fective, T-86-37, Dec. 11, 1985; effective May 1,1986.)


28-35-192a. Exemptions; source mate-rial. (a) Any person shall be exempt from theseregulations to the extent the person acquires, pos-sesses, uses or transfers source material in anychemical mixture, compound, solution, or alloy inwhich the source material, by weight, is less than

0.05 percent of the mixture, compound, solution,or alloy.

(b) Any person shall be exempt from these reg-ulations to the extent the person acquires, pos-sesses, uses or transfers unrefined and unproc-essed ore containing source material and does notrefine or process the ore.

(c) Any person shall be exempt from these reg-ulations to the extent the person acquires, pos-sesses, uses, or transfers:

(1) Any quantities of thorium contained in:(A) Incandescent gas mantles;(B) vacuum tubes;(C) welding rods;(D) electric lamps for illuminating purposes, if

each lamp does not contain more than 50 milli-grams of thorium;

(E) germicidal lamps, sunlamps, and lamps foroutdoor or industrial lighting, if each lamp doesnot contain more than two grams of thorium;

(F) rare earth metals and compounds,mixtures, and products containing not more than0.25 percent thorium or uranium, or both, byweight; or

(G) personnel neutron dosimeters, if each do-simeter does not contain more than 50 milligramsof thorium;

(2) Source material contained in:(A) Glazed ceramic tableware, if the glaze con-

tains not more than 20 percent source material,by weight;

(B) glassware, containing not more than 10percent source material by weight. This exemp-tion shall not include commercially manufacturedglass brick, pane glass, ceramic tile or other glass,or ceramic used in construction; and

(C) glass enamel or glass enamel frit that con-tains not more than 10 percent source material,by weight, and that was imported or ordered forimportation into the United States, or initially dis-tributed by manufacturers in the United States,before July 25, 1983; or

(D) piezoelectric ceramic containing not morethan two percent source material by weight;

(3) photograhic film, negatives, and prints con-taining uranium or thorium;

(4) any finished product or part of a productfabricated of, or containing, tungsten or magne-sium-thorium alloys if the thorium content of thealloy does not exceed four percent, by weight. Theexemption contained in this paragraph shall notbe deemed to authorize the chemical, physical, or

28-35-192cRADIATION

243

metallurgical treatment or processing of any prod-uct or part of a product;(5) uranium contained in counterweights in-

stalled in aircraft, rockets, projectiles or missilesor stored or handled in connection with installa-tion or removal of these counterweights when:(A) the counterweights are manufactured in

accordance with the specifications contained in aspecific license issued by the secretary, the UnitedStates nuclear regulatory commission or an agree-ment state, and when distribution by the licenseeis authorized pursuant to this paragraph or anequivalent provision of the regulations of theUnited States nuclear regulatory commission oran agreement state;(B) each counterweight has been impressed in

a manner that is clearly legible through any platingor covering with the following legend: ‘‘DE-PLETED URANIUM’’; and(C) each counterweight is durably and legibly

labeled or marked with the identification of themanufacturer, and the statement: ‘‘UNAUTHOR-IZED ALTERATIONS PROHIBITED’’. The ex-emption contained in this paragraph shall not bedeemed to authorize the chemical, physical, ormetallurgical treatment or processing of any coun-terweights, other than repair or restoration of anyplating or other covering;(6) uranium used as shielding and constituting

part of any shipping container. The uraniumshielding shall be conspicuously and legible im-pressed with the legend ‘‘CAUTION—RADIO-ACTIVE SHIELDING—URANIUM’’ and shallbe enclosed in mild steel, or another equally fireresistant metal, with a minimum wall thickness ofone-eighth inch (3.2 mm);(7) thorium contained in finished optical

lenses, if each lens does not contain more than 30percent of thorium by weight. The exemptioncontained in this paragraph shall not be deemedto authorize either:(A) The shaping, grinding, or polishing of the

lens or any manufacturing processes other thanthe assembly of the lens into optical systems anddevices without any alteration of the lens; or(B) the receipt, possession, use or transfer of

thorium contained in contact lenses, or in spec-tacles, or in eyepieces in binoculars or other op-tical instruments;(8) uranium contained in detector heads for

use in fire detection units, if each detector headcontains not more than 0.005 microcurie of ura-nium; and

(9) thorium contained in any finished aircraftengine part containing nickel-thoria alloy, if:(A) The thorium is dispersed in the nickel-tho-

ria alloy in the form of finely divided thoria (tho-rium dioxide); and(B) the thorium content in the nickel-thoria al-

loy does not exceed four percent by weight.(d) The exemptions provided in this regulation

shall not authorize the manufacture, processing orproduction of any of the products described in thisregulation. (Authorized by and implementingK.S.A. 1984 Supp. 48-1607; effective, T-86-37,Dec. 11, 1985; effective May 1, 1986.)

28-35-192b. Exemptions; exempt con-centrations of radioactive materials. (a) Ex-cept as provided in K.A.R. 28-35-184a(e), any per-son shall be exempt from these regulations to theextent the person acquires, possesses, uses, ortransfer products or materials containing radio-active material in concentrations not exceedingthose specified in K.A.R. 28-35-198a.

(b) Any person shall be exempt from these reg-ulations to the extent the person acquires, pos-sesses, uses, or transfers products containing nat-urally occurring radionuclides of elements with anatomic number less than 82, in isotopic concen-trations not in excess of those which occurnaturally.

(c) No person shall introduce radioactive ma-terial into a product or material knowing, or hav-ing reason to believe, that it will be transferred toa person exempt from these regulations undersubsection (a) or under an equivalent regulationof the U.S. nuclear regulatory commission or anagreement state, except in accordance with a spe-cific license issued under K.A.R. 28-35-181e orthe general license issued in K.A.R. 28-35-194a.(Authorized by and implementing K.S.A. 1984Supp. 48-1607; effective, T-86-37, Dec. 11, 1985;effective May 1, 1986.)

28-35-192c. Exceptions; other radioac-tive material. Except for persons who apply trit-ium, promethium-147 or radium to, or personswho incorporate tritium, promethium-147 or ra-dium into, the products listed in this regulation,any person shall be exempt from these regulationsto the extent the person acquires, possesses, uses,or transfers the products listed in this subsection:

(a) Timepieces or hands or dials containing ra-dium, or timepieces, hands or dials containing notmore than the following specified quantities ofother radioactive materials:


244

(1) 25 millicuries of tritium per time piece;(2) 5 millicuries of tritium per hand;(3) 15 millicuries of tritium per dial. Bezels,

when used, shall be considered as part of the dial;(4) 100 microcuries of promethium-147 per

watch or 200 microcuries of promethium-147 perany other timepiece;

(5) 20 microcuries of promethium-147 perwatch hand or 40 microcuries of promethium-147per hand on other timepieces; and

(6) 60 microcuries of promethium-147 perwatch dial or 120 microcuries of promethium-147per dial on other time pieces. Bezels, when used,shall be considered as part of the dial. The levelsof radiation from hands and dials containing pro-methium-147 shall not exceed, when measuredthrough 50 milligrams per square centimeter ofabsorber:

(A) For wrist watches, 0.1 millirad per hour at10 centimeters from any surface;

(B) for pockect watches, 0.1 millirad per hourat one centimeter from any surface; and

(C) for any other timepiece, 0.2 millirad perhour at 10 centimeters from any surface;

(b) lock illuminators containing not more than15 millicures of tritium or not more than two mil-licuries of promethium-147 installed in automo-bile locks. The level of radiation from each lockilluminator containing promethium-147 shall notexceed one millirad per hour at one centimeterfrom any surface when measured through 50 mil-ligrams per square centimeter of absorber;

(c) balances of precision containing not morethan one millicurie of tritium per balance or notmore than 0.5 millicurie of tritium per balancepart;

(d) automobile shift quadrants containing notmore than 25 millicuries of tritium.

(e) marine compasses containing not morethan 750 millicuries of tritium gas and other ma-rine navigational instruments containing not morethan 250 millicuries of tritium gas;

(f) thermostat dials and pointers containing notmore than 25 millicuries of tritium perthermostat;

(g) electron tubes, if each tube does not con-tain more than one of the following specifiedquantities of radioactive material:

(1) 150 millicuries of tritium per microwave re-ceiver protector tube or 10 millicuries of tritiumper any other electron tube;

(2) 1 microcurie cobalt-60;(3) 5 microcurie nickel-63;

(4) 30 microcurie krypton-85;(5) 5 microcurie cesium-137; or(6) 30 microcuries promethium-147. The lev-

els of radiation from each electron tube containingradioactive material shall not exceed one milliradper hour at one centimeter from any surface whenmeasured through seven milligrams per squarecentimeter of absorber. For purposes of this par-agraph, ‘‘electron tubes’’ include spark gap tubes,power tubes, gas tubes, gas tubes including glowlamps, receiving tubes, microwave tubes, indica-tor tubes, pickup tubes, radiation detection tubesand any other completely sealed tube that is de-signed to conduct or control electrical currents.

(h) ionizing radiation measuring instrumentscontaining, for purposes of internal calibration orstandardization, sources of radioactive material.No source shall exceed the applicable quantity setforth in K.A.R. 28-35-197a. No single instrumentshall contain more than 10 sources. For the pur-poses of this paragraph, 0.05 uCi of Am-241 shallbe considered an exempt quantity; and

(i) spark gap irradiators containing not morethan 1 microcurie of cobalt-60 per spark gap ir-radiator for use in electrically ignited fuel oil burn-ers having a firing rate of at least three gallon (11.4liters) per hour. (Authorized by and implementingK.S.A. 1984 Supp. 48-1607; effective, T-86-37,Dec. 11, 1985; effective May 1, 1986.)

28-35-192d. Exceptions; resins contain-ing scandium-46 and designed for sand con-solidation in oil wells. Any person shall be ex-empt from these regulations to the extent theperson acquires, possesses, uses, or transfers syn-thetic plastic resins containing scandium-46 whichare designed for sand consolidation in oil wells.These resins shall have been manufactured or im-ported in accordance with a specific license issuedby the secretary, the United States nuclear regula-tory commission, or an agreement state. This ex-emption shall not authorize the manufacture of anyresins containing scandium-46. (Authorized by andimplementing K.S.A. 1984 Supp. 48-1607; effec-tive, T-86-37, Dec. 11, 1985; effective May 1, 1986.)

28-35-192e. Exemptions; gas and aero-sol detectors containing radioactive material.(a) Except for persons who manufacture, process,or produce gas and aerosol detectors containingradioactive material or who import these prod-ucts, any person shall be exempt from these reg-ulations to the extent the person acquires, pos-sesses, uses or transfers radioactive material in gas

28-35-194RADIATION

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and aerosol detectors designed to protect life orproperty from fires and airborne hazards. Eachdetector shall have been manufactured, proc-essed, produced, imported, or transferred in ac-cordance with a specific license issued by the sec-retary pursuant to K.A.R. 28-35-181q or a licenseissued by the United States nuclear regulatorycommission, or an agreement state pursuant to anequivalent regulation of the U.S. nuclear regula-tory commission or an agreement state.

(b) Gas and aerosol detectors previously man-ufactured and distributed to general licensees inaccordance with a specific license issued by anagreement state shall be exempt under subsection(a) if the device is labeled in accordance with thespecific license authorizing distribution of thegeneral licensed device, and if the detectors meetthe requirements of K.A.R. 28-35-181(r). (Au-thorized by and implementing K.S.A. 1984 Supp.48-1607; effective, T-86-37, Dec. 11, 1985; effec-tive May 1, 1986.)

28-35-192f. Exemptions; self-luminousproducts containing tritium, krypton-85 orpromethium-147. (a) Except for persons whomanufacture, process, or produce self-luminousproducts containing tritium, krypton-85, or pro-methium-147 and except as provided in subsec-tion, (b) any person shall be exempt from theseregulations to the extent that person acquires,possesses, uses, or transfers, tritium, krypton-85,or promethium-147 in self-luminous productsmanufactured, processed, produced, imported, ortransferred in accordance with a specific licenseissued by the United States nuclear regulatorycommission pursuant to Section 32.22 of Title 10CFR 31, which authorizes the transfer of theproduct to persons who are exempt from regula-tory requirements.

(b) The exemption in subsection (a) shall notapply to tritium, krypton-85, or promethium-147used in toys, adornments, or similar items. (Au-thorized by and implementing K.S.A. 1984 Supp.48-1607; effective, T-86-37, Dec. 11, 1985; effec-tive May 1, 1986.)

28-35-192g. Exemptions; exempt quan-tities. (a) Except as provided in subsections (c)and (d), any person shall be exempt from theseregulations to the extent the person acquires, pos-sesses, uses, or transfers radioactive material inindividual quantities which do not exceed the ap-plicable quantity specified in K.A.R. 28-35-197a.

(b) Any person who possesses radioactive ma-

terial received or acquired prior to January 1, 1972under the general license then provided in K.A.R.28-35-178(A) shall be exempt from these regula-tions to the extent the person possesses, uses, ortransfers that radioactive material. This exemptiondoes not apply to radium-226.

(c) This regulation shall not authorize the pro-duction, packaging or repackaging of radioactivematerial for purposes of commercial distribution,or the incorporation of radioactive material intoproducts intended for commercial distribution.

(d) No person shall, for purposes of commer-cial distribution, transfer radioactive material inthe individual quantities specified in K.A.R. 28-35-197a knowing, or having reason to believe, thatthose quantities of radioactive material will betransferred to a person exempt from these regu-lations under this regulation or an equivalent reg-ulation of the U.S. nuclear regulatory commission,or an agreement state, except in accordance witha specific license issued by the secretary underK.A.R. 28-35-181r, an equivalent regulation of theUnited States nuclear regulatory commission, oran agreement state. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986.)


28-35-193a. Pre-licensing inspections.The department may request verification of infor-mation provided in any application or request ad-ditional information that is necessary to make adetermination as to whether a license should begranted or denied and whether any special con-ditions should be attached to the license. This in-formation may be obtained by visiting the facilityor location where radioactive materials would bepossessed or used, and by discussing details ofproposed possession or use of the radioactive ma-terial with the applicant or the applicant’s desig-nated representatives. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective,T-86-37, Dec. 11, 1985; effective May 1, 1986.)

28-35-193b. (Authorized by and imple-menting K.S.A. 48-1607; effective Nov. 1, 1996;revoked Dec. 30, 2005.)



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28-35-194a. Reciprocal recognition oflicenses. (a)(1) Subject to other provisions in thisregulation, any person who possesses a specificlicense issued by the United States nuclear regu-latory commission or an agreement state, otherthan this state, is issued a general license to con-duct the activities authorized in the specific li-cense within this state without obtaining a specificlicense from the secretary, if:

(A) The specific license does not limit the ac-tivity authorized to a specified installation or lo-cation; and

(B) the person notifies the department in writ-ing at least five days prior to engaging in the ac-tivity. The notification shall indicate the location,period, and type of proposed possession and usewithin the state, and shall be accompanied by acopy of the specific license. If, for a specific case,the five day period would impose an undue hard-ship, the person may, upon application to the de-partment, obtain permission by letter or telegramto proceed;

(C) the person complies with all applicableregulations of the secretary and with all the termsand conditions of the specific license, except anyterm or condition of the license which is inconsis-tent with these regulations;

(D) the person supplies any information re-quested by the department; and

(E) the person does not transfer or dispose ofradioactive material possessed or used under thegeneral license provided in this regulation exceptby transfer to a person;

(i) specifically licensed by the department orthe United States nuclear regulatory commissionto receive the material; or

(ii) who is exempt from the requirements for alicense for that material under K.A.R. 28-35-192a,28-35-192b, 28-35-192c, 28-35-192d, 28-35-192e,28-35-192f or 28-35-192g.

(b) Any person who holds a specific license is-sued by the U.S. nuclear regulatory commission,or an agreement state which authorizes the personto manufacture, transfer, install, or service a de-vice described in K.A.R. 28-35-178b within areassubject to the jurisdiction of the licensing body isissued a general license to manufacture, install,transfer, or service those devices in this state sub-ject to the following conditions.

(1) The person shall satisfy the requirementsof K.A.R. 28-35-184a(e)(1) and (2).

(2) The device shall be manufactured, labeled,

installed, and serviced in accordance with the pro-visions of the specific license issued to the personby the United States nuclear regulatory commis-sion or the agreement state.

(3) The person shall assure that any labels re-quired to be affixed to the device, under regula-tions of the authority which licensed the manu-facture of the device, and which bear thestatement ‘‘Removal of this label is prohibited’’,are affixed to the device.

(4) The person shall furnish to each general li-censee to whom the person transfers the device,or on whose premises the person installs the de-vice, a copy of the general license issued in K.A.R.28-35-178b.

(c) The secretary may withdraw, limit, or qual-ify acceptance of any specific license recognizedunder this regulation, or any product distributedpursuant to such a license, upon determining thatthe action is necessary in order to protect healthor minimize danger to life or property. (Author-ized by and implementing K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effectiveMay 1, 1986.)


28-35-195a. Intrastate transportationof radioactive materials. (a) Each common orcontract carrier shall be deemed to have been is-sued a general license to transport and store ra-dioactive material in the regular course of its car-riage for another, if the transportation and storageare performed in accordance with the regulationsof the U.S. department of transportation. Eachperson who transports and stores radioactive ma-terial pursuant to the general license specified inthis subsection shall be exempt from the require-ments of parts 4 and 10 of these regulations.

(b) Each private carrier shall be deemed tohave been issued a general license to transportradioactive material, if the transportation is per-formed in accordance with the regulations of theU.S. department of transportation. Each personwho transports radioactive material under thegeneral license issued in this subsection shall beexempt from the requirements of parts 4 and 10of these regulations.

(c) Each physician shall be exempt from therequirements of subsection (b) of this regulation

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to the extent that the physician transports radio-active material for use in the practice of medicine.(Authorized by and implementing K.S.A. 48-1607;effective, T-86-37, Dec. 11, 1985; effective May1, 1986; amended Dec. 30, 2005.)

28-35-196. (Authorized by K.S.A. 1975Supp. 48-1607; effective May 1, 1976; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

28-35-196a. Preparation of radioactivematerial for transport. (a) A licensee shall notdeliver any radioactive material to a carrier fortransport, or transport radioactive material as aprivate carrier, unless:

(1) The licensee complies with the applicablerequirements of the regulations of the U.S. de-partment of transportation that are appropriate tothe mode of transport and that are related to thepacking of radioactive material, and to the moni-toring, marking, and labeling of those packages;

(2) the licensee has established procedures foropening and closing packages in which radioactivematerial is transported to provide safety and toassure that, prior to the delivery to a carrier fortransport, each package is properly closed fortransport; and

(3) prior to delivery of a package to a carrierfor transport, the licensee has assured that anyspecial instructions needed to safely open thepackage are sent to, or are available to, theconsignee.

(b) The requirements in subsection (a) of thisregulation shall not apply to the transportation oflicensed material, or to the delivery of licensedmaterial to a carrier for transport, when the trans-portation is subject to regulations of the U.S.postal service. (Authorized by and implementingK.S.A. 1984 Supp. 48-1607; effective, T-86-37,Dec. 11, 1985; effective May 1, 1986.)

28-35-196b. Transportation of radioac-tive material. (a) No person shall deliver radio-active material to a carrier for transport or trans-port radioactive material except as authorized ina general or specific license issued by the depart-ment unless:

(1) That person’s activities are exempted fromlicensure by Section 28-35-140(b) of theseregulations;

(2) each of the packages delivered to a carrierfor transport or transported contains radioactivematerials bearing a specific activity of less than, orequal to, 0.002 microcurie (74 Bq) per gram; or

(3) the packages delivered to a carrier fortransport are subject to the regulations of the U.S.Postal Service. (Authorized by and implementingK.S.A. 1984 Supp. 48-1607; effective, T-86-37,Dec. 11, 1985; effective May 1, 1986.)


28-35-197a. Schedule B; Exempt quan-tities of radioactive material.

Micro- Micro-Radioactive Material curies Radioactive Material curies

Antimony 122 (Sb 122) 100 Osmium 191 (Os 191) 100Antimony 124 (Sb 124) 10 Osmium 193 (Os 193) 100Antimony 125 (Sb 125) 10 Palladium 103 (Pd 103) 100Arsenic 73 (As 73) 100 Palladium 109 (Pd 109) 100Arsenic 74 (As 74) 10 Phosphorous 32 (P 32) 10Arsenic 76 (As 76) 10 Platinum 191 (Pt 191) 100Arsenic 77 (As 77) 100 Platinum 193m (Pt 193m) 100Barium 131 (Ba 131) 10 Platinum 193 (Pt 193) 100Barium 133 (Ba 133) 10 Platinum 197m (Pt 197m) 100Barium 140 (Ba 140) 10 Platinum 197 (Pt 197) 100Bismuth 210 (Bi 210) 1 Polonium 210 (Po 210) 0.1Bromine 82 (Br 82) 10 Potassium 42 (K 42) 10Cadmium 109 (Cd 109) 10 Potassium 43 (K 43) 10Cadmium 115m (Cd Praseodymium 142 (Pr

115m) 10 142) 100Cadmium 115 (Cd 115) 100 Praseodymium 143 (PrCalcium 45 (Ca 45) 10 143) 100Calcium 47 (Ca 47) 10 Promethium 147 (PmCarbon 14 (C 14) 100 147) 10Cerium (Ce 141) 100 Promethium 149 (PrCerium 143 (Ce 143) 100 149) 10Cerium 144 (Ce 144) 1 Rhenium 186 (Re 186) 100Cesium 129 (Cs 129) 100 Rhenium 188 (Re 188) 100Cesium 131 (Cs 131) 1,000 Rhodium 103m (RhCesium 134m (Cs 134m) 100 103m) 100Cesium 134 (Cs 134) 1 Rhodium 105 (RhCesium 135 (Cs 135) 10 105) 100Cesium 136 (Cs 136) 10 Rubidium 81 (Rb 81) 10Cesium 137 (Cs 137) 10 Rubidium 86 (Rb 86) 10Chlorine 36 (Cl 36) 10 Rubidium 87 (Rb 87) 10Chlorine 38 (Cl 38) 10 Ruthenium 97 (Ru 97) 100Chromium 51 (Cr 51) 1,000 Ruthenium 103 (RuCobalt (Co 57) 100 103) 10Cobalt 58m (Co 58m) 10 Ruthenium 105 (RuCobalt 58 (Co 58) 10 105) 10Cobalt 60 (Co 60) 1 Ruthenium 106 (RuCopper 64 (Cu 64) 100 106) 1Dysprosium 165 (Dy Samarium 151 (Sm

165) 10 151) 10Dysprosium 166 (Dy Samarium 153 (Sm

166) 100 153) 100Erbium 169 (Er 169) 100 Scandium 46 (Sc 46) 10Erbium 171 (Er 171) 100 Scandium 47 (Sc 47) 100Europium 152 9.2 h Scandium 48 (Sc 48) 10

(Eu 152 9.2 h) 100 Selenium 75 (Se 75) 75Europium 152 13 yr Silicon 31 (Si 31) 100

(Eu 152 13 yr) 1 Silver 105 (Ag 105) 10Europium 154 (Eu 154) 1 Silver 110m (Ag 110m) 1Europium 155 (Eu 155) 10 Silver 111 (Ag 111) 100Fluroine 18 (F 18) 1,000 Sodium 22 (Na 22) 10Gadolinium 153 (Gd Sodium 24 (Na 24) 10

153) 10 Strontium 85 (Sr 85) 10


248

Micro- Micro-Radioactive Material curies Radioactive Material curies

Gadolinium 159 (Gd Strontium 89 (Sr 89) 1159) 100 Strontium 90 (Sr 90) 0.1

Gallium 67 (Ga 67) 100 Strontium 91 (Sr 91) 10Gallium 72 (Ga 72) 10 Strontium 92 (Sr 92) 10Germanium 71 (Ge 71) 100 Sulphur 35 (S 35) 100Gold 198 (Au 198) 100 Tantalum 182 (Ta 182) 10Gold 199 (Au 199) 100 Technetium 96 (Tc 96) 10Hafmium 181 (Hf 181) 10 Technetium 97m (TcHolmium 166 (Ho 166) 100 97m) 100Hydrogen 3 (H 3) 1,000 Technetium 97 (Tc 97) 100Indium 111 (In 111) 100 Technetium 99m (TcIndium 113m (In 113m) 100 99m) 100Indium 114m (In 114m) 100 Technetium 99 (Tc 99) 10Indium 115m (In 115m) 100 Tellurium 125m (TeIndium 115 (In 115) 10 125m) 10Iodine 123 (I 123) 100 Tellurium 127m (TeIodine 125 (I 125) 1 127m) 10Iodine 126 (I 126) 1 Tellurium 127 (Te 127) 100Iodine 129 (I 129) 0.1 Tellurium 129m (TeIodine 131 (I 131) 1 129m) 10Iodine 132 (I 132) 10 Tellurium 129 (Te 129) 100Iodine 133 (I 133) 1 Tellurium 131m (TeIodine 134 (I 134) 10 131m) 10Iodine 135 (I 135) 10 Tellurium 132 (Te 132) 10Iridium 192 (Ir 192) 10 Terbium 160 (Tb 160) 10Iridium 194 (Ir 194) 100 Thallium 200 (Tl 200) 100Iron 52 (Fe 52) 10 Thallium 201 (Tl 201) 100Iron 55 (Fe 55) 100 Thallium 202 (Tl 202) 100Iron 59 (Fe 59) 10 Thallium 204 (Tl 204) 10Krypton 85 (Kr 85) 100 Thulium 170 (Tm 170) 10Krypton 87 (Kr 87) 10 Thulium 171 (Tm 171) 10Lanthanum 140 (La Tin 113 (Sn 113) 10

140) 10 Tin 125 (Sn 125) 10Lutetium 177 (Lu 177) 100 Tungsten 181 (W 181) 10Manganese 52 (Mn 52) 10 Tungsten 185 (W 185) 10Manganese 54 (Mn 54) 10 Tungsten 187 (W 187) 100Manganese 56 (Mn 56) 10 Vanadium 48 (V 48) 10Mercury 197m (Hg Xenon 131m (Xe 131m) 1,000

197m) 100 Xenon 133 (Xe 133) 100Mercury 197 (Hg 197) 100 Yttrium 175 (Yb 175) 100Mercury 203 (Hg 203) 10 Yttrium 87 (Y 87) 10Molybdenum 99 (Mo Yttrium 90 (Y 90) 10

99) 100 Yttrium 91 (Y 91) 10Neodymium 147 (Nd Yttrium 92 (Y 92) 100

147) 100 Yttrium 93 (Y 93) 100Neodymium 149 (Nd Zinc 65 (Zn 65) 10

149) 100 Zinc 69m (Zn 69m) 100Nickel 59 (Ni 59) 100 Zinc 69 (Zn 69) 1,000Nickel 63 (Ni 63) 10 Zirconium 93 (Zr 93) 10Nickel 65 (Ni 65) 100 Zirconium 95 (Zr 95) 10Niobium 93m (Nb 93m) 10 Zirconium 97 (Zr 97) 10Niobium 95 (Nb 95) 10 Any radioactive materialNiobium 97 (Nb 97) 10 not listed above otherOsmium 185 (Os 185) 10 than alphaemittingOsmium 191m (Os 191m) 100 radioactive material. . . . . . 0.1

(Authorized by and implementing K.S.A. 1984Supp. 48-1607; effective, T-86-37, Dec. 11,1985; effective May 1, 1986.)


28-35-198a. Schedule C; Exempt con-centrations.

Column ColumnI II

Liquid andGas Con- solid con-

Element (atomic centration centrationnumber) Isotope uCi/ml1 uCi/ml2

Antimony (51) Sb 122 3210 4

Sb 124 2210 4

Sb 125 1210 3

Argon (18) Ar 37 1210 3

Ar 41 4210 7

Arsenic (33) As 73 5210 3

As 74 5210 4

As 76 2210 4

As 77 8210 4

Barium (56) Ba 131 2210 3

Ba 140 3210 4

Beryllium (4) Be 7 2210 2

Bismuth (83) Bi 206 4210 4

Bromine (35) Br 82 4210 7 3210 3

Cadmium (48) Cd 109 2210 3

Cd 115m 3210 4

Cd 115 3210 4

Calcium (20) Ca 45 9210 5

Ca 47 5210 4

Carbon (6) C 14 1210 6 8210 3

Cerium (58) Ce 141 9210 4

Ce 143 4210 4

Ce 144 1210 4

Cesium (55) Cs 131 2210 2

Cs 134m 6210 2

Cs 134 9210 5

Chlorine (17) Cl 38 9210 7 4210 3

Chromium (24) Cr 51 2210 2

Cobalt (27) Co 57 5210 3

Co 58 1210 3

Co 60 5210 4

Copper (29) Cu 64 3210 3

Dysprosium (66) Dy 165 4210 3

Dy 166 4210 4

Erbium (68) Er 169 9210 4

Er 171 1210 3

Europium (63) Eu 152 6210 4

(T/259.2 Hrs)Eu 155 2210 3

Fluorine (9) F 18 2210 6 8210 3

Gadolinium (64) Gd 153 2210 3

Gd 159 8210 4

Gallium (31) Ga 72 4210 4

Germanium (32) Ge 71 2210 2

Gold (79) Au 196 2210 3

Au 198 5210 4

Au 199 2210 3

Hafnium (72) Hf 181 7210 4

Hydrogen (1) H 3 5210 6 3210 2

Indium (49) In 113m 1210 2

In 114m 2210 4

Iodine (53) I 126 3210 9 2210 5

I 131 3210 9 2210 5

I 132 8210 8 6210 4

I 133 1210 8 7210 5

I 134 2210 7 1210 3

Iridium (77) Ir 190 2210 3

Ir 192 4210 4

Ir 194 3210 4

Iron (26) Fe 55 8210 3

Fe 59 6210 4

Krypton (36) Kr 85m 1210 6

Kr 85 3210 6

Lanthanum (57) La 140 2210 4

Lead (82) Pb 203 4210 3

Lutetium (71) Lu 177 1210 3

Manganese (25) Mn 52 3210 4

28-35-199aRADIATION

249

Column ColumnI II



Mn 54 1210 3

Mn 56 1210 3

Mercury (80) Hg 197m 2210 3

Hg 197 3210 3

Hg 203 2210 4

Molybdenum (42) Mo 99 2210 3

Neodymium (60) Nd 147 6210 4

Nd 149 2210 3

Nickel (28) Ni 65 1210 3

Niobium (Columbium)(41) Nb 95 1210 3

Nb 97 9210 3

Osmium (76) Os 185 7210 4

Os 191m 3210 2

Os 191 2210 3

Os 193 6210 4

Palladium (46) Pd 103 3210 3

Pd 109 9210 4

Phosphorus (15) P 32 2210 4

Platinum (78) Pt 191 1210 3

Pt 193m 1210 2

Pt 197m 1210 2

Pt 197 1210 3

Polonium (84) Po 210 7210 6

Potassium (19) K 42 3210 3

Praseodymium (59) Pr 142 3210 4

Pr 143 5210 4

Promethium (61) Pm 147 2210 3

Pm 149 4210 4

Radium (88) Ra 226 1210 7

Ra 228 3210 7

Rhenium (75) Re 183 6210 3

Re 186 9210 4

Re 188 6210 4

Rhodium (45) Rh 103m 1210 1

Rh 105 1210 3

Rubidium (37) Rb 86 7210 4

Ruthenium (44) Ru 97 4210 3

Ru 103 8210 4

Ru 105 1210 3

Ru 106 1210 4

Samarium (62) Sm 153 8210 4

Scandium (21) Sc 46 4210 4

Sc 47 9210 4

Sc 48 3210 4

Selenium (34) Se 75 3210 3

Silicon (14) Si 31 9210 3

Silver (47) Ag 105 1210 3

Ag 110m 3210 4

Ag 111 4210 4

Sodium (11) Na 24 2210 3

Strontium (38) Sr 89 1210 4

Sr 85 1210 3

Sr 91 7210 4

Sr 92 7210 4

Sulfur (16) S 35 9210 8 6210 4

Tantalum (73) Ta 182 4210 4

Technetium (43) Tc 96m 1210 1

Tc 96 1210 3

Tellurium (52) Te 125m 2210 3

Te 127m 6210 4

Te 127 3210 3

Te 129m 3210 4

Te 131m 6210 4

Te 132 3210 4

Terbium (65) Tb 160 4210 4

Thallium (81) Tl 200 4210 3

Column ColumnI II



Tl 201 3210 3

Tl 202 1210 3

Tl 204 1210 3

Thulium (69) Tm 170 5210 4

Tm 171 5210 3

Tin (50) Sn 113 9210 4

Sn 125 2210 4

Tungsten (Wolf ram 74) W 181 4210 3

W 187 7210 4

Vanadium (23) V 48 3210 4

Xenon (54) Xe 131m 4210 6

Xe 133 3210 6

Xe 135 1210 6

Ytterbium (70) Yb 175 1210 3

Yttrium (39) Y 90 2210 4

Y 91m 3210 2

Y 91 3210 4

Y 92 6210 4

Y 93 3210 4

Zinc (30) Zn 65 1210 3

Zn 69m 7210 4

Zn 69 2210 2

Zirconium (40) Zr 95 6210 4

Zr 97 2210 4

Beta or gamma or both emit-ting radioactive material notlisted above with half-lifeless than 3 years. 1210 10 1210 6

NOTE 1: Many radioisotopes disintegrate intoisotopes which are also radioactive. In express-ing the concentrations in 28-35-198a, ScheduleC, the activity state is that of the parent isotopeand takes into account the daughters.

NOTE 2: For purposes of 28-35-192b, when acombination of isotopes is involved, the limit forthe combination shall be derived as follows: De-termine for each isotope in the product the ratiobetween the concentration present in the prod-uct and the exempt concentration established in28-35-198a, Schedule C, for the specific isotopewhen not in combination. The sum of those ra-tios may not exceed ‘‘1’’ (i.e., unity).

1 Values are given only for those materials nor-mally used as gases.

2 uCi/gm for solids. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective,T-86-37, Dec. 11, 1985; effective May 1,1986.)


28-35-199a. (Authorized by and imple-menting K.S.A. 1993 Supp. 48-1607; effective, T-


250

86-37, Dec. 11, 1985; effective May 1, 1986;amended Oct. 17, 1994; revoked Dec. 30, 2005.)


28-35-200a. Schedule E; Possessionlimits authorized under types b & c specificlicenses of broad scope.

RADIOACTIVEMATERIAL

Column ICURIES

Column IICURIES

Antimony 122 1 0.01Antimony 124 1 0.01Antimony 125 1 0.01Arsenic 73 10 0.1Arsenic 74 1 0.01Arsenic 76 1 0.01Arsenic 77 10 0.1Barium 131 10 0.1Barium 140 1 0.01Beryllium 7 10 0.1Bismuth 210 0.1 0.001Bromine 82 10 0.1Cadmium 109 1 0.01Cadmium 115m 1 0.01Cadmium 115 10 0.1Calcium 45 1 0.01Calcium 47 10 0.1Carbon 14 100 1.Cerium 141 10 0.1Cerium 143 10 0.1Cerium 144 0.1 0.001Cesium 131 100 1.Cesium 134m 100 1.Cesium 134 0.1 0.001Cesium 135 1 0.01Cesium 136 10 0.1Cesium 137 0.1 0.001Chlorine 36 1 0.01Chlorine 38 100 1.Chromium 51 100 1.Cobalt 57 10 0.1Cobalt 58m 100 1.Cobalt 58 1 0.01Cobalt 60 0.1 0.001Copper 64 10 0.1Dysprosium 165 100 1.Dysprosium 166 10 0.1Erbium 169 10 0.1Erbium 171 10 0.1Europium 152 9.2 h 10 0.1Europium 152 13 y 0.1 0.001Europium 154 0.1 0.001Europium 155 1 0.01Fluorine 18 100 1.Gadolinium 153 1 0.01Gadolinium 159 10 0.1Gallium 72 10 0.1Germanium 71 100 1.Gold 198 10 0.1Gold 199 10 0.1

RADIOACTIVEMATERIAL

Column ICURIES

Column IICURIES

Hafnium 181 1 0.01Holmium 166 10 0.1Hydrogen 3 100 1.Indium 113m 100 1.Indium 114m 1 0.01Indium 115m 100 1.Indium 115 1 0.01Iodine 125 0.1 0.001Iodine 126 0.1 0.001Iodine 129 0.1 0.001Iodine 131 0.1 0.001Iodine 132 10 0.1Iodine 133 1 0.01Iodine 134 10 0.1Iodine 135 1 0.01Iridium 192 1 0.01Iridium 194 10 0.1Iron 55 10 0.1Iron 59 1 0.01Krypton 85 100 1.Krypton 87 10 0.1Lanthanum 140 1 0.01Lutetium 177 10 0.1Manganese 52 1 0.01Manganese 54 1 0.01Manganese 56 10 0.1Mercury 197m 10 0.1Mercury 197 10 0.1Mercury 203 1 0.01Molybdenum 99 10 0.1Neodymium 147 10 0.1Neodymium 149 10 0.1Nickel 59 10 0.1Nickel 63 1 0.01Nickel 65 10 0.1Niobium 93m 1 0.01Niobium 95 1 0.01Niobium 97 100 1.Osmium 185 1 0.01Osmium 191m 100 1.Osmium 191 10 0.1Osmium 193 10 0.1Palladium 103 10 0.1Palladium 109 10 0.1Phosphorus 32 1 0.01Platinum 191 10 0.1Platinum 193m 100 1.Platinum 193 10 0.1Platinum 197m 100 1.Platinum 197 10 0.1Polonium 210 0.01 0.0001Potassium 42 1 0.01Praseodymium 142 10 0.1Praseodymium 143 10 0.1Promethium 147 1 0.01Promethium 149 10 0.1Radium 226 0.01 0.0001Rhenium 186 10 0.1Thenium 188 10 0.1Rhodium 103m 1,000 10.Rhodium 105 10 0.1Rubidium 86 1 0.01

28-35-201RADIATION

251

RADIOACTIVEMATERIAL

Column ICURIES

Column IICURIES

Rubidium 87 1 0.01Ruthenium 97 100 1.Ruthenium 103 1 0.01Ruthenium 105 10 0.1Ruthenium 106 0.1 0.001Samarium 151 1 0.01Samarium 153 10 0.1Scandium 46 1 0.01Scandium 47 10 0.1Scandium 48 1 0.01Selenium 75 1 0.01Silicon 31 10 0.1Silver 105 1 0.01Silver 110m 0.1 0.001Silver 111 10 0.1Sodium 22 0.1 0.001Sodium 24 1 0.01Strontium 85m 1,000 10.Strontium 85 1 0.01Strontium 89 1 0.01Strontium 90 0.01 0.0001Strontium 91 10 0.1Strontium 92 10 0.1Sulphur 35 10 0.1Tantalum 182 1 0.01Technetium 96 10 0.1Technetium 97m 10 0.1Technetium 97 10 0.1Technetium 99m 100 1.Technetium 99 1 0.01Tellurium 125m 1 0.01Tellurium 127m 1 0.01Tellurium 127 10 0.1Tellurium 129m 1 0.01Tellurium 129 100 1.Tellurium 131m 10 0.1Tellurium 132 1 0.01Terbium 160 1 0.01Thallium 200 10 0.1Thallium 201 10 0.1Thallium 202 10 0.1Thallium 204 1 0.01Thulium 170 1 0.01Thulium 171 1 0.01Tin 113 1 0.01Tin 125 1 0.01Tungsten 181 1 0.01Tungsten 185 1 0.01Tungsten 187 10 0.1Vanadium 48 1 0.01Xenon 131m 1,000 10.Xenon 133 100 1.Xenon 135 100 1.Ytterbium 175 10 0.1Yttrium 90 1 0.01Yttrium 91 1 0.01Yttrium 92 10 0.1Yttrium 93 1 0.01Zinc 65 1 0.01Zinc 69m 10 0.1Zinc 69 100 1.Zirconium 93 1 0.01

RADIOACTIVEMATERIAL

Column ICURIES

Column IICURIES

Zirconium 95 1 0.01Zirconium 97 1 0.01Any radioactive materialother than alpha emitting ra-dioactive material not listedabove. 0.1 0.001

(Authorized by and implementing K.S.A. 1984Supp. 48-1607; effective, T-86-37, Dec. 11, 1985;effective May 1, 1986.)

28-35-201. Schedule F. (a) Single isotopequantities.

Material Microcuries

Americium-241 ................................. .01Antimony-122 ................................... 100Antimony-124 ................................... 10Antimony-125 ................................... 10Arsenic-73 ........................................ 100Arsenic-74 ........................................ 10Arsenic-76 ........................................ 10Arsenic-77 ........................................ 100Barium-131 ...................................... 10Barium-133 ...................................... 10Barium-140 ...................................... 10Bismuth-210 ..................................... 1Bromine-82 ...................................... 10Cadmium-109 ................................... 10Cadmium-115m ................................ 10Cadmium-115 ................................... 100Calcium-45 ....................................... 10Calcium-47 ....................................... 10Carbon-14 ........................................ 100Cerium-141 ...................................... 100Cerium-143 ...................................... 100Cerium-144 ...................................... 1Cesium-131 ...................................... 1,000Cesium-134m ................................... 100Cesium-134 ...................................... 1Cesium-135 ...................................... 10Cesium-136 ...................................... 10Cesium-137 ...................................... 10Chlorine-36 ...................................... 10Chlorine-38 ...................................... 10Chromium-51 ................................... 1,000Cobalt-58m ...................................... 10Cobalt-58 ......................................... 10Cobalt-60 ......................................... 1Copper-64 ........................................ 100Dysprosium-165 ................................ 10Dysprosium-166 ................................ 100Erbium-169 ...................................... 100


252

Material MicrocuriesErbium-171 ...................................... 100Europium-152 9.2hr .......................... 100Europium-152 13yr ........................... 1Europium-154 .................................. 1Europium-155 .................................. 10Fluorine-18 ...................................... 1,000Gadolinium-153 ................................ 10Gadolinium-159 ................................ 100Gallium-72 ....................................... 10Germanium-71 .................................. 100Gold-198 .......................................... 100Gold-199 .......................................... 100Hafnium-181 .................................... 10Holmium-166 ................................... 100Hydrogen-3 ...................................... 1,000Indium-113m .................................... 100Indium-114m .................................... 10Indium-115m .................................... 100Indium-115 ...................................... 10Iodine-125 ........................................ 1Iodine-126 ........................................ 1Iodine-129 ........................................ 0.1Iodine-131 ........................................ 1Iodine-132 ........................................ 10Iodine-133 ........................................ 1Iodine-134 ........................................ 10Iodine-135 ........................................ 10Iridium-192 ...................................... 10Iridium-194 ...................................... 100Iron-55 ............................................ 100Iron-59 ............................................ 10Krypton-85 ....................................... 100Krypton-87 ....................................... 10Lanthanum-140 ................................. 10Lutetium-177 .................................... 100Manganese-52 ................................... 10Manganese-54 ................................... 10Manganese-56 ................................... 10Mercury-197m .................................. 100Mercury-197 ..................................... 100Mercury-203 ..................................... 10Molybdenum-99 ................................ 100Neodymium-147 ............................... 100Neodymium-149 ............................... 100Nickel-59 ......................................... 100Nickel-63 ......................................... 10Nickel-65 ......................................... 100Niobium-93m ................................... 10Niobium-95 ...................................... 10Niobium-97 ...................................... 10Osmium-185 ..................................... 10Osmium-191m .................................. 100

Material MicrocuriesOsmium-191 ..................................... 100Osmium-193 ..................................... 100Palladium-103 ................................... 100Palladium-109 ................................... 100Phosphorus-32 .................................. 10Platinum-191 .................................... 100Platinum-193m ................................. 100Platinum-193 .................................... 100Platinum-197m ................................. 100Platinum-197 .................................... 100Plutonium-239 .................................. .01Polonium-210 ................................... .1Potassium-42 .................................... 10Praseodymium-142 ............................ 100Praseodymium-143 ............................ 100Promethium-147 ............................... 10Promethium-149 ............................... 10Radium-226 ...................................... .01Rhenium-186 .................................... 100Rhenium-188 .................................... 100Rhodium-103m ................................. 100Rhodium-105 .................................... 100Rubidium-86 .................................... 10Rubidium-87 .................................... 10Ruthenium-97 ................................... 100Ruthenium-103 ................................. 10Ruthenium-105 ................................. 10Ruthenium-106 ................................. 1Samarium-151 ................................... 10Samarium-153 ................................... 100Scandium-46 ..................................... 10Scandium-47 ..................................... 100Scandium-48 ..................................... 10Selenium-75 ..................................... 10Silicon-31 ......................................... 100Silver-105 ......................................... 10Silver-110m ...................................... 1Silver-111 ......................................... 100Sodium-24 ........................................ 10Strontium-85 .................................... 10Strontium-89 .................................... 1Strontium-90 .................................... .1Strontium-91 .................................... 10Strontium-92 .................................... 10Sulfur-35 .......................................... 100Tantalum-182 ................................... 10Technetium-96 .................................. 10Technetium-97m ............................... 100Technetium-97 .................................. 100Technetium-99m ............................... 100Technetium-99 .................................. 10Tellurium-125m ................................ 10

28-35-203RADIATION

253

Material MicrocuriesTellurium-127m ................................ 10Tellurium-127 ................................... 100Tellurium-129m ................................ 10Tellurium-129 ................................... 100Tellurium-131m ................................ 10Tellurium-132 ................................... 10Terbium-160 ..................................... 10Thallium-200 .................................... 100Thallium-201 .................................... 100Thallium-202 .................................... 100Thallium-204 .................................... 10Thorium (natural)1 ............................. 100Thulium-170 ..................................... 10Thulium-171 ..................................... 10Tin-113 ............................................ 10Tin-125 ............................................ 10Tungsten-181 .................................... 10Tungsten-185 .................................... 10Tungsten-187 .................................... 100Uranium (natural)2 ............................ 100Uranium-233 .................................... .01Uranium 234-uranium 235 .................. .01Vanadium-48 .................................... 10Xenon-131m ..................................... 1,000Xenon-133 ........................................ 100Xenon-135 ........................................ 100Ytterbium-175 ................................... 100Yttrium-90 ........................................ 10Yttrium-91 ........................................ 10Yttrium-92 ........................................ 100Yttrium-93 ........................................ 100Zinc-65 ............................................ 10Zinc-69m ......................................... 100Zinc-69 ............................................ 1,000Zirconium-93 .................................... 10Zirconium-95 .................................... 10Zirconium-97 .................................... 10Any alpha-emitting radionuclide not

listed above or any mixture of alpha-emitters of unknown composition .... .01

Any radionuclide other than an alpha-emitting radionuclide that is not listedabove or any mixture of beta-emittersof unknown composition ................. .1

1 Based on an alpha disintegration rate of Th-232,Th-230, and their daughter products.

2 Based on an alpha disintegration rate of U-238,U-234, and U-235.

(b) Combinations of isotopes. For the purposesof K.A.R. 28-35-180b, when a combination of iso-topes in known amounts is involved, the limit for

the combination shall be derived by determining,for each isotope in the combination, the ratio be-tween the quantity present in the combinationand the limit otherwise established for the specificisotope when not in combination. The sum of theratios for all the isotopes in the combination shallnot exceed one, which is also referred to as‘‘unity.’’ (Authorized by and implementing K.S.A.48-1607; effective Nov. 1, 1996; amended July 27,2007.)

28-35-202. (Authorized by and imple-menting K.S.A. 48-1607; effective Nov. 1, 1996;revoked July 27, 2007.)

28-35-203. Schedule G; Criteria relat-ing to use of financial tests and parent com-pany guarantees for providing reasonable as-surance of funds for decommissioning. (a)Each applicant or licensee providing assurance ofthe availability of funds for decommissioningbased on a parent company guarantee that fundswill be available for decommissioning costs basedon a demonstration that the parent companypasses a financial test shall meet the followingstandards:

(b) Each licensee or applicant applying to thedepartment for recognition of a parent companyguarantee for the purposes of complying with therequirements of K.A.R. 28-35-180b shall be re-quired to show that the parent company guaran-tee meets the following criteria:

(1) Each parent company shall meet two of thefollowing three ratios:

(A) A ratio of total liabilities to net worth thatis less than 2.0;

(B) a ratio of the sum of net income plus de-preciation, depletion, and amortization to total li-abilities that is greater than 0.1; or

(C) a ratio of current assets to current liabilitiesthat is greater than 1.5.

(2) Each parent company shall have net work-ing capital and tangible net worth each of whichis equal a minimum of six times the current de-commissioning cost estimates, or the prescribedamount if a certification is used based on therequirements of K.A.R. 28-35-180b.

(3) Each parent company shall have assets lo-cated in the United States amounting to at least90 percent of the company’s total assets or at leastsix times the current decommissioning cost esti-mates, or at least six times the prescribed amountif a certification is used based on the requirementsof K.A.R. 28-35-180b.


254

(4) Each parent company shall have thefollowing:

(A) A current rating for the company’s most re-cent bond issuance of AAA, AA, A, or BBB asissued by standard and poor’s or Aaa, Aa, A, orBaa as issued by moody’s;

(B) a tangible net worth at least six times thecurrent decommissioning cost estimate, or theprescribed amount if a certification is used basedon the requirements of K.A.R. 28-35-180b;

(C) a tangible net worth of at least $10 million;and

(D) assets located in the United Statesamounting to at least 90 percent of the company’stotal assets or at least six times the current decom-missioning cost estimates, or at least six times theprescribed amount if certification is used basedon the requirements of K.A.R. 28-35-180b.

(c) The parent company’s independent certi-fied public accountant shall compare the dataused by the parent company in the financial test,which shall be derived from the independently au-dited, year-end financial statements for the latestfiscal year, with the amounts in the financial state-ment. If any matters come to the auditor’s atten-tion that cause the auditor to believe that the dataspecified in the financial test should be adjustedand that the company no longer passes the test,the licensee shall notify the department within 90days of the date the auditor identifies the matter.

(d) After the initial financial test, the parentcompany shall be required to pass the test within90 days after the close of each succeeding fiscalyear.

(1) If the parent company no longer meets therequirements of subsection (a), the licensee shallnotify the department of the licensee’s intent toestablish alternate financial assurance as specifiedin these regulations.

(2) The notice shall be sent by certified mailwithin 90 days after the end of the fiscal year forwhich the year-end financial data shows that theparent company no longer meets the financial testrequirements.

(3) The licensee shall provide alternate finan-cial assurance within 120 days after the end of afiscal year for which the year-end financial datashows that the parent company no longer meetsthe financial test requirements.

(e) Each parent company guarantee obtainedby an applicant or licensee shall contain terms thatprovide the following information:

(1) The parent company guarantee shall re-

main in force unless the guarantor sends notice ofcancellation by certified mail to the licensee andthe department. The guarantee shall not be can-celed during the 120 days beginning on the dateof receipt of the notice of cancellation by both thelicensee and the department, as evidenced by thereturn receipts.

(2) If the licensee fails to provide alternate fi-nancial assurance within 90 days after receipt of anotice of cancellation of the parent company guar-antee by the licensee and the department, theguarantor shall provide the alternative financialassurance in the name of the licensee.

(3) The parent company guarantee and finan-cial test provisions shall remain in effect until thesecretary has terminated the license.

(4) If a trust is established for decommission-ing costs, the trustee and trust shall be acceptableto the secretary. An acceptable trustee may be anappropriate state or federal government agency oran entity that has the authority to act as a trusteeand whose trust operations are regulated and ex-amined by a federal or state agency. (Authorizedby and implementing K.S.A. 48-1607; effectiveNov. 1, 1996; amended July 27, 2007.)

28-35-204. Decommissioning plan. (a)Each licensee shall submit a decommissioningplan if at least one of the following conditions ismet:

(1) The licensee intends to terminate the li-cense using radiological criteria specified inK.A.R. 28-35-205a or K.A.R. 28-35-205b.

(2) A decommissioning plan is otherwise re-quired by these regulations.

(3) A decommissioning plan is required by alicense condition.

(4) The procedures and activities necessary tocarry out decommissioning of the site or separatebuilding or outdoor area have not been previouslyapproved by the department, and these proce-dures could increase the potential health andsafety impact on workers or on the public, includ-ing any of the following types of procedures:

(A) Procedures that would involve techniquesnot applied routinely during cleanup or mainte-nance operations;

(B) procedures permitting workers to enter ar-eas not normally occupied where surface contam-ination and radiation levels are higher than rou-tinely encountered during the operation for whichthe license was issued;

(C) procedures that could result in greater air-

28-35-205RADIATION

255

borne concentrations of radioactive materials thanare present during operation;(D) procedures that could result in greater re-

leases of radioactive material to the environmentthan those associated with the operation for whichthe license was issued; or(E) procedures with a potential health and

safety impact that could be carried out before ap-proval of the decommissioning plan.(b) The proposed decommissioning plan for

the facility or site, or separate building or outdoorarea, shall include the following:(1) A description of the conditions of the facil-

ity or site sufficient to evaluate the acceptabilityof the plan;(2) a description of the planned decommission-

ing operations;(3) a description of the methods used to ensure

the protection of workers and the environmentagainst radiation hazards during decommissioning;(4) a description of the radiation survey

planned to demonstrate compliance with subsec-tion (e) or with K.A.R. 28-35-205; and(5) an updated, detailed cost estimate of de-

commissioning, comparison of that estimate withthe present funds set aside for decommissioning,and a plan for ensuring the availability of adequatefunds for completion of the decommissioning.(c) For decommissioning plans calling for com-

pletion of decommissioning more than 24 monthsafter plan approval, the plan shall include a justi-fication for the delay. The proposed decommis-sioning plan shall not be approved unless the li-censee demonstrates that the decommissioningwill be completed as soon as practicable and thatthe health and safety of the workers and the publicwill be protected.(d) Each licensee shall complete the decom-

missioning of the facility or site as soon as prac-ticable but not more than 24 months following theinitiation of decommissioning, unless an alternateschedule addressing the factors specified in sub-section (f) is approved.(e) If decommissioning involves the entire site,

the licensee shall request license terminationupon completion of the decommissioningoperations.(f) For decommissioning plans calling for the

completion of decommissioning more than 24months after plan approval, the plan shall includea written justification for the decommissioningschedule warranted by consideration of thefollowing:

(1) Whether it is technically feasible to com-plete decommissioning within the allotted 24-month period;(2) whether waste disposal capacity is available

to allow the completion of decommissioningwithin the allotted 24-month period;(3) whether a volume reduction of wastes re-

quiring disposal will be achieved by allowingshort-lived radionuclides to decay;(4) whether a reduction in radiation exposure

to workers can be achieved by allowing short-livedradionuclides to decay; and(5) whether other site-specific factors exist.

These factors may include the regulatory require-ments of other government agencies, lawsuits,groundwater treatment operations, monitorednatural groundwater restoration, and actions thatcould result in more environmental harm than de-ferred cleanup.(g) Each licensee shall perform the following

final steps in decommissioning:(1) Conduct a radiation survey of the premises

where the licensed operations were carried outand submit a report of the results of this survey,unless the licensee demonstrates that the prem-ises are suitable for release in some other manner.Each licensee shall complete the following, asappropriate:(A) Report the levels of gamma radiation in

units of millisieverts or microrems per hour at onemeter from surfaces and report the levels of ra-dioactivity, including alpha and beta, in units ofmegabecquerels, disintegrations per minute, ormicrocuries per milliliter for water, and becquer-els or picocuries per gram for solids, including soiland concrete; and(B) specify the survey instrument or instru-

ments used and certify that each instrument is cal-ibrated and tested.(2) Each licensee shall certify the disposition of

all licensed material, including accumulatedwastes, by submitting a completed form specifiedby the department or the equivalent informationto the department. (Authorized by and imple-menting K.S.A. 48-1607; effective Dec. 30, 2005.)

28-35-205. Termination of a license

without restriction. (a) A site shall be consid-ered acceptable for unrestricted use if both of thefollowing conditions are met:(1) The residual radioactivity that is distin-

guishable from background radiation results in aTEDE to an average member of the critical group


256

that does not exceed 0.25 millisievert or 25 mremper year, including the residual radioactivity fromgroundwater sources of drinking water.

(2) The residual radioactivity has been reducedto levels that are as low as reasonably achievable(ALARA). Any detriment, including any deathsfrom transportation accidents that could resultfrom decontamination and waste disposal, shall betaken into consideration by the secretary.

(b) Each specific license, including any expiredlicense, shall be terminated upon written noticeto the licensee if the secretary determines that allof the following conditions are met:

(1) All radioactive material has been properlydisposed of.

(2) A reasonable effort has been made to elim-inate the residual radioactive contamination, ifpresent.

(3) Documentation has been provided to thedepartment demonstrating one of the following:

(A) A radiation survey has been performed andshows that the premises meet the requirementsof this regulation.

(B) The other information submitted by the li-censee is sufficient to show that the premises aresuitable for release in accordance with this regu-lation. (Authorized by and implementing K.S.A.48-1607; effective Dec. 30, 2005.)

28-35-205a. License termination under

restricted conditions. A site may be consideredby the secretary to be acceptable for license ter-mination under restricted conditions if all of thefollowing conditions are met:

(a)(1) The licensee demonstrates that furtherreductions in residual radioactivity necessary tocomply with the provisions of K.A.R. 28-35-205(a)would result in public or environmental harm orwere not being made because the residual levelsassociated with restricted conditions are ALARA.The demonstration shall reflect the licensee’s con-sideration of any detriment that could result fromdecontamination and waste disposal; and

(2) the licensee has made provisions for legallyenforceable institutional controls that provide rea-sonable assurance that the TEDE from residualradioactivity distinguishable from background tothe average member of the critical group will notexceed 0.25 millisievert or 25 mrem per year, in-cluding that from groundwater sources of drink-ing water.

(b) The licensee has provided sufficient finan-cial assurance to enable an independent third

party, including a governmental custodian of asite, to assume and carry out responsibilities forany necessary control and maintenance of the site.Each of the following financial assurance mecha-nisms shall be acceptable:

(1) Funds placed into an account segregatedfrom the licensee’s assets and outside thelicensee’s administrative control as specified inK.A.R. 28-35-180b;

(2) a surety method, insurance policy, or otherguarantee method as described in K.A.R. 28-35-180b;

(3) a statement of intent in the case of federal,state, or local government licensees, as describedin K.A.R. 28-35-180b; or

(4) when a governmental entity is assumingcustody and ownership of a site, an arrangementthat is deemed acceptable by the governmentalentity.

(c) The licensee has submitted a decommis-sioning plan to the department indicating the li-censee’s intent to decommission in accordancewith K.A.R. 28-35-204 and specifying that the li-censee intends to decommission by restricting theuse of the site. The licensee shall document in thedecommissioning plan how the advice of individ-uals and institutions in the community who couldbe affected by the decommissioning has beensought and incorporated, as appropriate, followinganalysis of that advice.

(1) Each licensee proposing to decommissionby restricting the use of the site shall seek advicefrom the affected parties regarding the followingmatters concerning the proposed decommis-sioning:

(A) Whether the provisions for institutionalcontrols proposed by the licensee will provide rea-sonable assurance of the following:

(i) That the TEDE from residual radioactivitydistinguishable from background to the averagemember of the critical population will not exceedthe applicable limit specified in part 4 of theseregulations;

(ii) that the controls are enforceable; and(iii) that the controls do not impose undue bur-

dens on the local community or other affectedparties; and

(B) whether or not the licensee has providedsufficient financial assurance to enable an inde-pendent third party, including a governmentalcustodian of a site, to assume and carry out theresponsibilities for any necessary control andmaintenance of the site.

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(2) In seeking advice on the issues identified inthis subsection, the licensee shall provide for thefollowing:

(A) Participation by representatives of a broadcross section of community interests who couldbe affected by the decommissioning;

(B) an opportunity for a comprehensive, col-lective discussion of the issues by the participantsrepresented; and

(C) a publicly available summary of the resultsof all discussions specified in paragraph (c)(2)(B),including a description of the individual view-points of the participants on the issues and theextent of agreement and disagreement among theparticipants on the issues.

(d) Residual radioactivity at the site has beenreduced so that if the institutional controls wereno longer in effect, there is reasonable assurancethat the TEDE from residual radioactivity distin-guishable from background to the average mem-ber of the critical group is as low as reasonablyachievable and would not exceed either of thefollowing:

(1) 1 millisievert (100 mrem) per year; or(2) 5 millisieverts (500 mrem) per year if the

licensee demonstrates the following:(A) Further reductions in residual radioactivity

necessary to comply with the limit specified inparagraph (d)(1) are not technically achievable,would be prohibitively expensive, or would resultin additional public or environmental harm;

(B) provisions for ongoing, enforceable insti-tutional controls exist; and

(C) sufficient financial assurance exists to en-able a responsible government entity or inde-pendent third party, including a governmentalcustodian of a site, to carry out periodic rechecksof the site at least every five years to ensure thatthe institutional controls remain in place as nec-essary to meet the requirements in this regulationand to assume and carry out the responsibilitiesfor any necessary controls and maintenance ofthose controls. The financial assurance mecha-nisms shall be those specified in subsection (b).

(e)(1) If the department receives a decommis-sioning plan from the licensee or a proposal bythe licensee for the release of a site pursuant tothis regulation or K.A.R. 28-35-205b, the follow-ing shall be notified by the department and solic-ited for comments:

(A) The local and state governments in the vi-cinity of the site and any Indian nation or otherindigenous people that have treaty or statutory

rights that could be affected by the decommis-sioning; and

(B) the EPA, if the licensee proposes to releasea site pursuant to K.A.R. 28-35-205b.

(2) Subsequent notifications and solicitationsfor comments of the entities specified in para-graphs (e)(1)(A) and (B) may be made by the de-partment if the secretary deems these actions tobe in the public interest.

(3) The notifications specified in this subsec-tion shall be published in the Kansas register andin a forum, which may consist of a local newspa-per, letter to a state or local organization, or otherappropriate forum, that is readily accessible to in-dividuals in the vicinity of the site, and solicit com-ments from affected parties. (Authorized by andimplementing K.S.A. 48-1607; effective Dec. 30,2005.)

28-35-205b. Alternate criteria for li-

cense termination. (a) A license shall be termi-nated by the secretary using alternate criteriagreater than the dose criteria specified in K.A.R.28-35-205a (d) only if the licensee provides all ofthe following information:

(1) Evidence that public health and safety andthe environment would continue to be protectedand that it is unlikely that the dose from all man-made sources combined, other than medical,could be more than the limit of one millisievertper year or 100 mrem per year specified in part 4of these regulations, by submitting an analysis ofthe possible sources of exposure;

(2) restrictions, to the extent practical, on siteuse according to the provisions of K.A.R. 28-35-205a to minimize exposure at the site;

(3) evidence that doses have been reduced toALARA levels, taking into consideration any det-riment, including any traffic accidents that couldresult from decontamination and waste disposal;and

(4) a decommissioning plan indicating the li-censee’s intent to decommission in accordancewith this part and specifying that the licensee pro-poses to decommission by the use of alternate cri-teria. The licensee shall document in the decom-missioning plan how the advice of individuals andinstitutions in the community who might be af-fected by the decommissioning has been soughtand addressed, as appropriate, following analysisof that advice. In seeking this advice, the licenseeshall provide for the following:

(A) Participation by representatives of a broad


258

cross section of community interests who couldbe affected by the decommissioning;

(B) an opportunity for comprehensive, collec-tive discussions of the issues by the participantsrepresented; and

(C) a publicly available summary of the resultsof all the discussions specified in paragraph (4)(B)of this subsection, including a description of theindividual viewpoints of the participants on theissues and the extent of agreement and disagree-ment on the issues among the participants.

(b) The use of alternate criteria to terminate alicense may be approved by the secretary only af-ter the secretary’s consideration of the staff’s rec-ommendations that address any comments pro-vided by federal, state, and local governments andany public comments submitted pursuant toK.A.R. 28-35-206. (Authorized by and imple-menting K.S.A. 48-1607; effective Dec. 30, 2005.)

28-35-206. Applicability of decommis-sioning requirements following license ter-mination. If, after a site has been decommis-sioned and associated license has beenterminated, new information shows that therequirements specified in these regulations werenot met or that the residual radioactivity at thesite could result in a significant threat to publichealth and safety and the environment, then theformer licensee shall be required to perform anyadditional decontamination that is deemed nec-essary by the secretary. (Authorized by and im-plementing K.S.A. 48-1607; effective Dec. 30,2005.)

28-35-207 to 28-35-210. Reserved.

PART 4.—STANDARDS FOR PROTECTIONAGAINST RADIATION


28-35-211a. Persons to whom the stan-dards apply. (a) Except as specifically providedin other parts of these regulations, these regula-tions shall apply to persons licensed or registeredby the department to receive, possess, use, trans-fer, or dispose of sources of radiation. The limitsin these regulations shall not apply to:

(1) doses due to background radiation;(2) exposure of patients to radiation for the

purpose of medical diagnosis or therapy; or

(3) voluntary participation in medical researchprograms.

(b) Nothing in these regulations shall be con-strued as limiting actions that may be necessary toprotect health and safety. (Authorized by and im-plementing K.S.A. 1993 Supp. 48-1607; effective,T-85-43, Dec. 19, 1984; effective May 1, 1985;amended Oct. 17, 1994.)

28-35-211b. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective, T-85-43, Dec. 19, 1984; effective May 1, 1985; re-voked Sept. 20, 1993.)

28-35-211c. (Authorized by and imple-menting K.S.A. 1993 Supp. 48-1603, 48-1607; ef-fective Oct. 17, 1994; revoked Dec. 30, 2005.)

28-35-211d. Radiation protection pro-grams. (a) Each licensee or registrant shall de-velop, document, and implement a radiation pro-tection program sufficient to ensure compliancewith the provisions of these regulations.

(b) Each licensee or registrant shall use, to theextent practicable, procedures and engineeringcontrols based upon sound radiation protectionprinciples to achieve occupational doses and pub-lic doses that are as low as is reasonably achievable(ALARA).

(c) To implement the ALARA requirements ofthis regulation and the requirements in K.A.R. 28-35-214a, each licensee or registrant shall establisha constraint on the air emissions of radioactive ma-terial to the environment, excluding radon-222and its daughters, so that the individual memberof the public likely to receive the highest dose isnot expected to receive a total effective doseequivalent in excess of 10 mrem (0.1 mSv) peryear from these emissions. If a licensee or regis-trant subject to this requirement exceeds this doseconstraint, the licensee or registrant shall reportthe exceedance as specified in K.A.R. 28-35-230aand shall take appropriate corrective action to en-sure against recurrence.

(d) Each licensee or registrant shall, at inter-vals not to exceed 12 months, review the radiationprotection program content and implementation.(Authorized by and implementing K.S.A. 48-1607;effective Oct. 17, 1994; amended Dec. 30, 2005.)


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28-35-212a. Occupational dose limitsfor adults. (a) Each licensee or registrant shallcontrol the occupational dose to individual adults,except for planned special exposures to the follow-ing dose limits:

(1) The annual limit shall be the more limitingof either of the following:

(A) The total effective dose equivalent beingequal to 0.05 Sv (5 rem); or

(B) the sum of the deep dose equivalent andthe committed dose equivalent to any individualorgan or tissue other than the lens of the eye beingequal to 0.50 Sv (50 rem).

(2) The annual limits to the lens of the eye, tothe skin, and to the extremities shall be thefollowing:

(A) An eye dose equivalent of 0.15 Sv (15 rem);and

(B) a shallow dose equivalent of 0.50 Sv (50rem) to the skin or to any extremity.

(b) Doses received in excess of the annual lim-its, including doses received during accidents,emergencies, and planned special exposures, shallbe subtracted from the limits for planned specialexposures that the individual could receive duringthe current year and during the individual’s life-time.

(c) The assigned deep dose equivalent andshallow dose equivalent shall be for the portion ofthe body receiving the highest exposure, asfollows:

(1) The deep dose equivalent, eye dose equiv-alent, and shallow dose equivalent may be as-sessed from surveys or other radiation measure-ments for the purpose of demonstratingcompliance with the occupational dose limits, ifthe individual monitoring device was not in theregion of highest potential exposure or the resultsof individual monitoring are unavailable.

(2) If a protective apron is worn by medicalfluoroscopists performing special and interven-tional fluoroscopic procedures and monitoring isconducted as specified in K.A.R. 28-35-217a, theuse of weighting factors in determining the effec-tive dose equivalent for external radiation may beapproved by the secretary upon receipt of a writ-ten request. In no case shall the use of weightingfactors be approved unless the request is accom-panied by a list of the procedures to be used toensure that exposures are maintained ALARA andthe effective dose equivalent is determined asfollows:

(A) If only one individual monitoring device is

used and the device is located at the neck outsidethe protective apron, the reported deep doseequivalent shall be the effective dose equivalentfor external radiation.

(B) If only one individual monitoring device isused, the device is located at the neck outside theprotective apron, and the reported dose exceeds25 percent of the limit specified in this regulation,then the reported deep dose equivalent valuemultiplied by 0.3 shall be the effective dose equiv-alent for external radiation.

(C) If individual monitoring devices are worn,both under the protective apron at the waist andoutside the protective apron at the neck, the ef-fective dose equivalent for external radiation shallbe assigned the value of the sum of the deep doseequivalent reported for the individual monitoringdevice located at the waist under the protectiveapron multiplied by 1.5 and the deep dose equiv-alent reported for the individual monitoring de-vice located at the neck outside the protectiveapron multiplied by 0.04.

(3) All individuals who are associated with theoperation of an X-ray system shall be subject tothe occupational exposure limits and the require-ments for the determination of the doses that arespecified in this regulation. In addition, each in-dividual shall meet the following requirements:

(A) When protective clothing or devices areworn on portions of the body and one or moremonitoring devices are required, at least one mon-itoring device shall be utilized as follows:

(i) When an apron is worn, the monitoring de-vice shall be worn at the collar outside of theapron;

(ii) the dose to the device, if one is used, shallbe recorded as the whole-body dose based on themaximum dose attributed to any one critical or-gan, including the gonads, the blood-forming or-gans, the head and trunk, and the lens of the eye.If more than one device is used and a record ismade of the data, each dose shall be identifiedwith the area where the device was worn on thebody;

(4) Exposure of a personnel-monitoring deviceto deceptively indicate a dose delivered to an in-dividual shall be prohibited.

(5) If the individual is exposed during proce-dures not specifically approved, weighting factorsshall not be applied.

(d) Derived air concentration (DAC) and an-nual limit on intake (ALI) values, in appendix B,table I, published in ‘‘appendices to part 4: stan-


260

dards for protection against radiation,’’ which isadopted in K.A.R. 28-35-135a, shall be used todetermine the individual’s dose and to demon-strate compliance with the occupational doselimits.(e) Notwithstanding the annual dose limits, the

licensee shall limit the soluble uranium intake byan individual to 10 milligrams in a week in con-sideration of chemical toxicity, in accordance withfootnote 3 of appendix B published in ‘‘appendi-ces to part 4: standards for protection against ra-diation’’ which is adopted in K.A.R. 28-35-135a.(f) Each licensee or registrant shall reduce the

dose that an individual may be allowed to receivein the current year by the amount of occupationaldose received while employed by any other per-son. (Authorized by and implementing K.S.A. 48-1607; effective, T-85-43, Dec. 19, 1984; effectiveMay 1, 1985; amended Sept. 20, 1993; amendedOct. 17, 1994; amended Dec. 30, 2005.)

28-35-212b. Compliance with require-ments for summation of external and internaldoses. (a) If the licensee or registrant is requiredto monitor pursuant to both K.A.R. 28-35-217a (a)and (d), the licensee or registrant shall demon-strate compliance with the dose limits by sum-ming external and internal doses.(1) If the licensee or registrant is required to

monitor pursuant to only K.A.R. 28-35-217a(a) orK.A.R. 28-35-217a(d), then the summation shallnot be required to demonstrate compliance withthe dose limits.(2) The dose equivalents for the lens of the eye,

the skin, and the extremities shall not be includedin the summation and shall be subject to separatelimits.(b) Any licensee or registrant may demonstrate

compliance with the requirements for summationof external and internal doses pursuant to thefollowing:(1) Intake by inhalation. If the only intake of

radionuclides is by inhalation, the total effectivedose equivalent limit shall not be deemed to beexceeded if the sum of the deep dose equivalentdivided by the total effective dose equivalent limit,and one of the following, does not exceed one:(A) The sum of the fractions of the inhalation

ALI for each radionuclide;(B) The total number of derived air concentra-

tion-hours (DAC-hours) for all radionuclides di-vided by 2,000; or(C) the sum of the calculated committed effec-

tive dose equivalents to all significantly irradiatedorgans or tissues (T) calculated from bioassay datausing appropriate biological models and expressedas a fraction of the annual limit. For purposes ofthis requirement, an organ or tissue shall bedeemed to be significantly irradiated if, for thatorgan or tissue, the product of the weighting fac-tors, wT, and the committed dose equivalent,HT.50, per unit intake is greater than 10 percent ofthe maximum weighted value of H50.(2) Intake by oral ingestion. If the occupation-

ally exposed individual receives an intake of radi-onuclides by oral ingestion greater than 10 per-cent of the applicable oral ALI, the licensee orregistrant shall account for this intake and includeit in demonstrating compliance with the limits.(3) Intake through wounds or absorption

through skin. The licensee or registrant shall eval-uate and, to the extent practical, account for in-takes through wounds or skin absorption. The in-take through intact skin is included in thecalculation of DAC for hydrogen-3 and shall notbe required to be evaluated or accounted for pur-suant to this subsection. (Authorized by and im-plementing K.S.A. 48-1607; amended Sept. 20,1993; amended Oct. 17, 1994; amended Dec. 30,2005.)

28-35-212c. Determination of externaldose from airborne radioactive material. (a)When determining the dose from airborne radi-oactive material, the licensee or registrant shallinclude the contribution to the deep dose equiv-alent, eye dose equivalent, and shallow doseequivalent from external exposure to the radio-active cloud.(b) Airborne radioactivity measurements and

DAC values shall not be used as the primarymeans to assess the deep dose equivalent whenthe airborne radioactive material includes radio-nuclides other than noble gases or if the cloud ofairborne radioactive material is not relatively uni-form. The determination of the deep dose equiv-alent to an individual shall be based upon meas-urements using instruments or individualmonitoring devices. (Authorized by and imple-menting K.S.A. 1993 Supp. 48-1607; effectiveOct. 17, 1994.)

28-35-212d. Determination of internalexposure. (a) When assessing the dose used todetermine compliance with occupational doseequivalent limits, each licensee or registrant shall,when required pursuant to K.A.R. 28-35-217b,

28-35-212eRADIATION

261

take suitable and timely measurements of any ofthe following:

(1) Concentrations of radioactive materials inthe air in work areas;

(2) quantities of radionuclides in the body;(3) quantities of radionuclides excreted from

the body; or(4) any combination of the measurements

specified in paragraphs (a)(1) through (3).(b) Unless respiratory protective equipment is

used, as specified in K.A.R. 28-35-212g, or theassessment of intake is based on bioassays, the li-censee or registrant shall assume that an individ-ual inhales radioactive material at the airborneconcentration in which the individual is present.

(c) If specific information on the physical andbiochemical properties of the radionuclides takeninto the body or the behavior of the material inan individual is known, the licensee or registrantmay perform the following:

(1) Use that information to calculate the com-mitted effective dose equivalent, and if used, thelicensee or registrant shall document that infor-mation in the individual’s record;

(2) before approval of the secretary, adjust theDAC or ALI values to reflect the actual physicaland chemical characteristics of airborne radioac-tive material; and

(3) separately assess the contribution of frac-tional intakes of class D, W, or Y compounds of agiven radionuclide to the committed effectivedose equivalent.

(d) If the licensee or registrant chooses to assessintakes of class Y material using the measurementsgiven in paragraph (a)(2) or (3), the licensee or reg-istrant may delay the recording and reporting of theassessments for up to seven months, unless other-wise required by K.A.R. 28-35-229a or K.A.R. 28-35-230a, in order to make additional measurementsbasic to the assessments.

(e) If the identity and concentration of each ra-dionuclide in a mixture are known, the fraction ofthe DAC applicable to the mixture for use in cal-culating DAC-hours shall be either of thefollowing:

(1) The sum of the ratios of the concentrationto the appropriate DAC value, from appendix Bpublished in ‘‘appendices to part 4: standards forprotection against radiation,’’ as adopted in K.A.R.28-35-135a, for each radionuclide in the mixture;or

(2) the ratio of the total concentration for allradionuclides in the mixture to the most restric-

tive DAC value for any radionuclide in themixture.

(f) If the identity of each radionuclide in a mix-ture is known but the concentration of one ormore of the radionuclides in the mixture is notknown, the DAC for the mixture shall be the mostrestrictive DAC of any radionuclide in themixture.

(g) If a mixture of radionuclides in air exists, alicensee or registrant may disregard certain radi-onuclides in the mixture if all of the following con-ditions are met:

(1) The licensee or registrant uses the total ac-tivity of the mixture in demonstrating compliancewith the dose limits in K.A.R. 28-35-212b and incomplying with the monitoring requirements inK.A.R. 28-35-217a (d).

(2) The concentration of any radionuclide dis-regarded is less than 10 percent of its DAC.

(3) The total concentration of all of the radio-nuclides disregarded in the mixture does not ex-ceed 30 percent.

(h) When determining the committed effectivedose equivalent, the following information may beconsidered.

(1) In order to calculate the committed effec-tive dose equivalent, the licensee or registrantmay assume that the inhalation of one ALI, or anexposure of 2,000 DAC-hours, results in a com-mitted effective dose equivalent of 0.05 Sv (5 rem)for radionuclides that have their ALIs or DACsbased on the committed effective dose equivalent.

(2) For an ALI and the associated DAC deter-mined by the nonstochastic organ dose limit of0.50 Sv (50 rem), the intake of radionuclides thatwould result in a committed effective dose equiv-alent of 0.05 Sv (5 rem), which is the stochasticALI, is listed in parentheses in appendix B, tableI in ‘‘appendices to part 4: standards for protectionagainst radiation,’’ as adopted in K.A.R. 28-35-135a. The licensee or registrant may, as a simpli-fying assumption, use the stochastic ALI to deter-mine the committed effective dose equivalent.However, if the licensee or registrant uses the sto-chastic ALI, the licensee or registrant shall alsodemonstrate that the limit in K.A.R. 28-35-212a(a)(1) (B) is met. (Authorized by and imple-menting K.S.A. 48-1607; effective Oct. 17, 1994;amended Dec. 30, 2005.)

28-35-212e. Determination of prior oc-cupational dose. (a) For each individual whocould enter the licensee’s or registrant’s restricted


262

or controlled area and is likely to receive, in a year,an occupational dose requiring monitoring pur-suant to K.A.R. 28-35-217a, the licensee or reg-istrant shall perform the following:

(1) Determine the occupational radiation dosereceived during the current year; and(2) attempt to obtain the records of lifetime cu-

mulative occupational radiation dose.(b) Before permitting an individual to partici-

pate in a planned special exposure, the licensee orregistrant shall determine all of the following:(1) The internal and external doses from all

previous planned special exposures;(2) all doses in excess of the limits, including

the doses received during accidents and emergen-cies, by the individual; and

(3) all of the lifetime cumulative occupationalradiation dose.

(c) In complying with the requirements of thisregulation, a licensee or registrant may performthe following:

(1) Accept, as a record of the occupational dosethat the individual received during the currentyear, a written signed statement from the individ-ual, or from the individual’s most recent employerfor work involving radiation exposure, that dis-closes the nature and the amount of any occupa-tional dose that the individual received during thecurrent year;

(2) accept, as the record of the lifetime cu-mulative radiation dose, an up-to-date record ona form prescribed by the department or an equiv-alent form, signed by the individual and counter-signed by an appropriate official of the most re-cent employer for work involving radiationexposure, or the individual’s current employer, ifthe individual is not employed by the licensee orregistrant; and

(3) obtain reports of the individual’s doseequivalent from the most recent employer forwork involving radiation exposure, or the individ-ual’s current employer, if the individual is not em-ployed by the licensee or registrant, by telephone,telegram, facsimile, electronic mail, or letter. Thelicensee or registrant shall request a written ver-ification of the dose data if the authenticity of thetransmitted report cannot be established.(d)(1) The licensee or registrant shall record

the exposure history on a form prescribed by thedepartment, or on a clear and legible record thatincludes all the information required on that form.The form or record shall show each period inwhich the individual received occupational expo-

sure to radiation or radioactive material and shallbe signed by the individual who received the ex-posure. For each period for which the licenseeobtains reports, the licensee or registrant shall usethe dose shown in the report in preparing the his-tory. For any period in which the licensee or reg-istrant does not obtain a report, the licensee orregistrant shall place a notation in the history in-dicating the periods of time for which data are notavailable.

(2) A licensee or registrant shall not be re-quired to reevaluate the separate external doseequivalents and internal committed dose equiva-lents or intakes of radionuclides assessed beforeJanuary 1, 1994. Although occupational exposurehistories obtained and recorded before January 1,1994 did not include effective dose equivalent, thehistories may be used in the absence of specificinformation on the intake of radionuclides by theindividual.

(e) If the licensee or registrant is unable to ob-tain a complete record of an individual’s currentand previously accumulated occupational dose,the licensee or registrant shall assume thefollowing:

(1) That, in establishing administrative controlsunder K.A.R. 28-35-212a(f) for the current year,the allowable dose limit for the individual hasbeen reduced by 12.5 mSv (1.25 rem) for eachquarter for which records were unavailable andthe individual was engaged in activities that couldhave resulted in occupational radiation exposure;and

(2) that the individual is not available forplanned special exposures.

(f) Each licensee or registrant shall retain therecords of exposure history until the secretary ter-minates each pertinent license or registration re-quiring this record. Each licensee or registrantshall retain the information used in preparing re-cords of exposure history for three years after therecord is made. (Authorized by and implementingK.S.A. 48-1607; effective Oct. 17, 1994; amendedDec. 30, 2005.)

28-35-212f. Planned special exposures.(a) A licensee or registrant may authorize an adultworker to receive doses in addition to and ac-counted for separately from the doses receivedunder the limits specified in K.A.R. 28-35-212a.(b) The authorization of doses under K.A.R.

28-35-212f(a), called planned special exposure,

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shall only be permitted if each of the followingconditions is satisfied.

(1) The licensee or registrant shall authorize aplanned special exposure only in an exceptionalsituation when alternatives that might avoid thehigher exposure are unavailable or impractical.

(2) The licensee or registrant, and employer ifthe employer is not the licensee or registrant, shallspecifically authorize the planned special expo-sure, in writing, before the exposure occurs.

(3) Before a planned special exposure, the li-censee or registrant shall ensure that each indi-vidual involved is:

(A) informed of the purpose of the plannedoperation;

(B) informed of the estimated doses and asso-ciated potential risks and specific radiation levelsor other conditions that might be involved in per-forming the task; and

(C) instructed in the measures to be taken tokeep the dose ALARA considering other risks thatmay be present.

(4) Prior to permitting an individual to partic-ipate in a planned special exposure, the licenseeor registrant shall ascertain prior doses as requiredby K.A.R. 28-35-212e during the lifetime of theindividual for each individual involved.

(5) Subject to K.A.R. 28-35-212a(b), the li-censee or registrant shall not authorize a plannedspecial exposure that would cause an individual toreceive a dose from all planned special exposuresand all doses in excess of the limits to exceed:

(A) the numerical values of any of the dose lim-its in K.A.R. 28-35-212a in any year; or

(B) five times the annual dose limits in K.A.R.28-35-212a during the individual’s lifetime.

(6) The licensee or registrant shall maintainrecords of the conduct of a planned special ex-posure in accordance with K.A.R. 28-35-227g andshall submit a written report in accordance withK.A.R. 28-35-230c.

(7) The licensee or registrant shall record thebest estimate of the dose resulting from theplanned special exposure in the individual’s rec-ord and shall inform the individual, in writing, ofthe dose within 30 days from the date of theplanned special exposure. The dose from plannedspecial exposures shall not be considered in con-trolling future occupational dose of the individualpursuant to K.A.R. 28-35-212a but shall be in-cluded in evaluations required by K.A.R. 28-35-212f(b)(4) and (5). (Authorized by and imple-

menting K.S.A. 1993 Supp. 48-1607; effectiveOct. 17, 1994.)

28-35-212g. Respiratory protectionand controls to restrict internal exposure inrestricted areas. (a) Use of process or other en-gineering controls. The licensee or registrant shalluse, to the extent practicable, process or other en-gineering controls, such as containment or venti-lation, to control the concentrations of radioactivematerial in air.

(b) Use of other controls. When it is not prac-ticable to apply process or other engineering con-trols to control the concentrations of radioactivematerial in air to values below those that definean airborne radioactivity area, the licensee or reg-istrant shall, consistent with maintaining the totaleffective dose equivalent ALARA, increase mon-itoring and limit intakes by one or more of thefollowing means:

(1) control of access;(2) limitation of exposure times;(3) use of respiratory protection equipment; or(4) other controls.(c) Use of individual respiratory protection

equipment.(1) If the licensee or registrant uses respiratory

protection equipment to limit intakes pursuant toK.A.R. 28-35-212g(b), the following conditionsshall apply.

(A) Except as provided in K.A.R. 28-35-212g(c)(1)(B), the licensee or registrant shall useonly respiratory protection equipment that istested and certified or had certification extendedby the national institute for occupational safetyand health and the mine safety and health admin-istration (NIOSH/MSHA).

(B) If the licensee or registrant wishes to useequipment that has not been tested or certifiedby the NIOSH/MSHA or has not had certificationextended by the NIOSH/MSHA, or for whichthere is no schedule for testing extended by theNIOSH/MSHA, or for which there is no schedulefor testing or certification, the licensee or regis-trant shall submit an application for authorizeduse of that equipment, including a demonstrationby testing, or a demonstration on the basis of re-liable test information, that the material and per-formance characteristics of the equipment are ca-pable of providing the proposed degree ofprotection under anticipated conditions of use.

(C) The licensee or registrant shall implement


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and maintain a respiratory protection programthat includes:

(i) air sampling sufficient to identify the poten-tial hazard, permit proper equipment selection,and estimate exposures;

(ii) surveys and bioassays, as appropriate, toevaluate actual intakes;

(iii) testing of respirators for operability im-mediately prior to each use;

(iv) written procedures regarding selection, fit-ting, issuance, maintenance, and testing of respi-rators, including testing for operability immedi-ately prior to each use; supervision and training ofpersonnel; monitoring, including air sampling andbioassays; and recordkeeping; and

(v) determination by a physician prior to initialfitting of respirators, and at least every 12 monthsthereafter, that the individual user is physicallyable to use the respiratory protection equipment.

(D) The licensee or registrant shall issue a writ-ten policy statement on respirator usage covering:

(i) the use of process or other engineering con-trols, instead of respirators;

(ii) routine, nonroutine, and emergency use ofrespirators; and

(iii) length of periods of respirator use and re-lief from respirator use.

(E) The licensee or registrant shall advise eachrespirator user that the user may leave the area atany time for relief from respirator use in the eventof equipment malfunction, physical or psycholog-ical distress, procedural or communication failure,significant deterioration of operating conditions,or any other conditions that might require suchrelief; and

(F) the licensee or registrant shall use respi-ratory protection equipment within the equip-ment manufacturer’s expressed limitations fortype and mode of use and shall provide propervisual, communication, and other special capabil-ities, such as adequate skin protection, whenneeded.

(2) When estimating exposure of individuals toairborne radioactive materials, the licensee or reg-istrant may make allowance for respiratory pro-tection equipment used to limit intakes pursuantto K.A.R. 28-35-212g(b), provided that the follow-ing conditions, in addition to those in K.A.R. 28-35-212g(c)(1), are satisfied.

(A) (i) The licensee or registrant shall selectrespiratory protection equipment that provides aprotection factor, specified in appendix A protec-tion factor for registrant published in ‘‘Kansas De-

partment of Health and Environment Appendicesto Part 4: Standards for Protection Against Radi-ation,’’ effective April, 1994, greater than the mul-tiple by which peak concentrations of airborne ra-dioactive materials in the working area areexpected to exceed the values specified in appen-dix B, table I, column 3 published in ‘‘Kansas De-partment of Health and Environment Appendixesto Part 4 Standards for Protection Against Radi-ation,’’ effective April, 1994. However, if the se-lection of respiratory protection equipment witha protection factor greater than the peak concen-tration is inconsistent with the goal specified inK.A.R. 28-35-212g(b) of keeping the total effec-tive dose equivalent ALARA, the licensee or reg-istrant may select respiratory protection equip-ment with a lower protection factor provided thatsuch a selection would result in a total effectivedose equivalent that is ALARA.

(ii) The concentration of radioactive materialin the air that is inhaled when respirators are wornmay be initially estimated by dividing the averageconcentration in air, during each period of unin-terrupted use, by the protection factor. If the ex-posure is later found to be greater than initiallyestimated, the corrected value shall be used; if theexposure is later found to be less than initially es-timated, the corrected value may be used.

(B) The licensee or registrant shall obtain au-thorization from the department before assigningrespiratory protection factors in excess of thosespecified in K.A.R. 28-35-232a appendix A. Thedepartment may authorize a licensee or registrantto use higher protection factors on receipt of anapplication that:

(i) describes the situation for which a need ex-ists for higher protection factors; and

(ii) demonstrates that the respiratory protec-tion equipment provides these higher protectionfactors under the proposed conditions of use.

(3) In an emergency, the licensee or registrantshall use as emergency equipment only respira-tory protection equipment that has been specifi-cally certified or had certification extended foremergency use by the NIOSH/MSHA.

(4) The licensee or registrant shall notify thedepartment in writing at least 30 days before thedate that respiratory protection equipment is firstused pursuant to either K.A.R. 28-35-212g(1) or(2). (Authorized by and implementing K.S.A.1993 Supp. 48-1607; effective Oct. 17, 1994.)


28-35-214bRADIATION

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Supp. 48-1607; effective Jan. 1, 1970; amendedMay 1, 1976; revoked, T-85-43, Dec. 19, 1984;revoked May 1, 1985.)

28-35-213a. Occupational dose limitsfor minors. The annual occupational dose limitfor a minor shall be 10 percent of the annual oc-cupational dose limits specified for an adultworker in K.A.R. 28-35-212a. (Authorized by andimplementing K.S.A. 1993 Supp. 48-1607; effec-tive, T-85-43, Dec. 19, 1984; effective May 1,1985; amended Sept. 20, 1993; amended Oct. 17,1994.)

28-35-213b. Dose to an embryo or fe-tus. (a) Each licensee or registrant shall ensurethat the dose to an embryo or fetus during theentire pregnancy, due to occupational exposure ofa declared pregnant woman, does not exceed 5mSv (0.5 rem).(b) Each licensee or registrant shall make ef-

forts to avoid substantial variation above a uniformmonthly exposure rate to a declared pregnantwoman in order to satisfy the limit in subsection(a).(c) The dose to an embryo or fetus shall be the

sum of the following:(1) The dose to the embryo or fetus from ra-

dionuclides in the embryo or fetus and radionu-clides in the declared pregnant woman; and(2) either of the following doses that is more

representative of the dose to the embryo or fetusfrom external radiation:(A) If multiple measurements have not been

made, assignment of the highest deep dose equiv-alent for the declared pregnant woman shall bethe dose to the embryo or fetus as specified inK.A.R. 28-35-212e; or(B) if multiple measurements have been made,

assignment of the deep dose equivalent for thedeclared pregnant woman from the individualmonitoring device that is most representative ofthe dose to the embryo or fetus shall be the doseof the embryo or fetus. Assignment of the highestdeep dose equivalent for the declared pregnantwoman to the embryo or fetus shall not be re-quired unless that dose is also the most represen-tative deep dose equivalent for the region of theembryo or fetus.(d) If by the time the woman declares preg-

nancy to the licensee or registrant, the dose to theembryo or fetus has exceeded 4.5 mSv (0.45 rem),the licensee or registrant shall be deemed to bein compliance with subsection (a) if the additional

dose to the embryo or fetus does not exceed 0.50mSv (0.05 rem) during the remainder of the preg-nancy. (Authorized by and implementing K.S.A.48-1607; effective Oct. 17, 1994; amended Dec.30, 2005.)


28-35-214a. Dose limits for individualmembers of the public. (a) Each licensee or reg-istrant shall conduct operations so that:(1) the total effective dose equivalent to indi-

vidual members of the public from the licensedor registered operation does not exceed 1 mSv(0.1 rem) in a year, exclusive of the dose contri-bution from the licensee’s or registrant’s disposalof radioactive material into sanitary sewerage inaccordance with K.A.R. 28-35-224a; and(2) the dose in any unrestricted area from ex-

ternal sources does not exceed 0.02 mSv (0.002rem) in any one hour.(b) If the licensee or registrant permits mem-

bers of the public to have access to controlled ar-eas, the limits for members of the public shall con-tinue to apply to those individuals.(c) A licensee, registrant, or an applicant for a

license or registration may apply for prior depart-ment authorization to operate up to an annualdose limit for an individual member of the publicof 5 mSv (0.5 rem). This application shall includethe following information:(1) demonstration of the need for and the ex-

pected duration of operations in excess of the limitin K.A.R. 28-35-214a(a)(1) or (2);(2) the licensee’s or registrant’s program to as-

sess and control dose within the 5 mSv (0.5 rem)annual limit; and(3) the procedures to be followed to maintain

the dose ALARA. (Authorized by and imple-menting K.S.A. 1993 Supp. 48-1607; effective, T-85-43, Dec. 19, 1984; effective May 1, 1985;amended Sept. 20, 1993, amended Oct. 17, 1994.)

28-35-214b. Compliance with dose lim-its for individual members of the public. (a)The licensee or registrant shall make or cause tobe made surveys of radiation levels in unrestrictedand controlled areas and radioactive materials ineffluents released to unrestricted and controlledareas to demonstrate compliance with the dose


266

limits for individual members of the public inK.A.R. 28-35-214a.

(b) A licensee or registrant shall show compli-ance with the annual dose limit in K.A.R. 28-35-214a by:

(1) demonstrating by measurement or calcu-lation that the total effective dose equivalent tothe individual likely to receive the highest dosefrom the licensed or registered operation does notexceed the annual dose limit; or

(2) demonstrating that:(A) the annual average concentrations of radi-

oactive material released in gaseous and liquid ef-fluents at the boundary of the unrestricted areado not exceed the values specified in appendix B,table II published in ‘‘Kansas Department ofHealth and Environment Appendices to Part 4:Standards for Protection Against Radiation,’’ ef-fective April, 1994; and

(B) if an individual were continually present inan unrestricted area, the dose from externalsources would not exceed 0.02 mSv (0.002 rem)in an hour and 0.50 mSv (0.05 rem) in a year.

(c) Upon approval from the department, thelicensee or registrant may adjust the effluent con-centration values in appendix B, table II publishedin ‘‘Kansas Department of Health and Environ-ment Appendices to Part 4: Standards for Protec-tion Against Radiation,’’ effective April, 1994, formembers of the public, to take into account theactual physical and chemical characteristics of theeffluents, including aerosol size distribution, sol-ubility, density, radioactive decay equilibrium,and chemical form. (Authorized by and imple-menting K.S.A. 1993 Supp. 48-1607; effectiveOct. 17, 1994.)


28-35-215a. (Authorized by and imple-menting K.S.A. 1992 Supp. 48-1607; effective, T-85-43, Dec. 19, 1984; effective May 1, 1985;amended Sept. 20, 1993; revoked Oct. 17, 1994.)


28-35-216a. Testing for leakage or con-tamination of sealed sources. (a) Each licenseein possession of any sealed source shall ensure thatall of the following requirements are met:

(1) Each sealed source, except as specified insubsection (b), shall be tested for leakage or con-tamination, and the test results shall be receivedbefore the sealed source is put into use, unless thelicensee has a certificate from the transferor in-dicating that the sealed source was tested withinsix months before transfer to the licensee.

(2) Each sealed source that is not designed toemit alpha particles shall be tested for leakage orcontamination at intervals not to exceed sixmonths or at alternative intervals approved by thesecretary, an agreement state, a licensing state, orthe nuclear regulatory commission.

(3) Each sealed source designed to emit alphaparticles shall be tested for leakage or contami-nation at intervals not to exceed three months orat alternative intervals approved by the secretary,an agreement state, a licensing state, or the nu-clear regulatory commission.

(4) For each sealed source required to betested for leakage or contamination, wheneverthere is reason to suspect that the sealed sourcemight have been damaged or might be leaking,the licensee shall ensure that the sealed source istested for leakage or contamination before furtheruse.

(5) Tests for leakage for all sealed sources shallbe capable of detecting the presence at 185 Bq(0.005 Ci) of radioactive material on a test sam-ple. Test samples shall be taken from the sealedsource or from the surfaces of the container inwhich the sealed source is stored or mounted andon which one might expect contamination to ac-cumulate. For a sealed source contained in a de-vice, test samples shall be obtained when thesource is in the ‘‘off’’ position.

(b) The following sealed sources shall be ex-empt from testing for leakage and contamination:

(1) Sealed sources containing only radioactivematerial with a half-life of fewer than 30 days;

(2) sealed sources containing only radioactivematerial as a gas;

(3) sealed sources containing 3.7 Mbq (100 Ci) or less of beta-emitting or photon-emittingmaterial or 370 kBq (10 Ci) or less of alpha-emitting material;

(4) sealed sources containing only hydrogen-3;(5) seeds of iridium-192 encased in nylon rib-

bon; and(6) sealed sources, except sources used in ra-

diation therapy, that are stored, are not beingused, and are identified as being in storage. Thesources exempted from this test shall be tested for

28-35-217bRADIATION

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leakage before any use or transfer to another per-son, unless the source has been leak-tested withinsix months before the date of the use or transfer.The sources in storage shall be physically inven-toried every six months and listed in the radioac-tive materials inventory.

(c) Each test for leakage or contamination fromsealed sources shall be performed by a personspecifically authorized by the secretary, an agree-ment state, a licensing state, or the nuclear regu-latory commission to perform these services.

(d) All test results shall be recorded in units ofbecquerel or microcurie and maintained for in-spection by the department.

(e) If any test reveals the presence of 0.005 mi-crocurie or more of removable contamination, thelicensee shall immediately withdraw the sealedsource from use and shall cause the source to bedecontaminated and repaired or to be disposed ofin accordance with these regulations. The licenseeshall file a report within five days of the test withthe radiation control program, bureau of air andradiation, Kansas department of health and envi-ronment, describing the equipment involved, thetest results, and the corrective action taken. (Au-thorized by and implementing K.S.A. 48-1607; ef-fective, T-85-43, Dec. 19, 1984; effective May 1,1985; amended Dec. 30, 2005; amended July 27,2007.)


28-35-217a. Conditions requiring indi-vidual monitoring of external and internal oc-cupational dose. (a) Each licensee or registrantshall monitor exposures from sources of radiationat levels sufficient to demonstrate compliancewith the occupational dose limits of these regu-lations. At a minimum, each licensee or registrantshall monitor occupational exposure to radiationand shall supply and require the use of individualmonitoring devices by the following:

(1) Any adult likely to receive, in one year fromsources external to the body, a dose in excess of10 percent of the limits specified in K.A.R. 28-35-212a;

(2) any minor or declared pregnant womanlikely to receive, in one year from sources externalto the body, a dose in excess of 10 percent of anyof the applicable limits specified in K.A.R. 28-35-213a or K.A.R. 28-35-213b; and

(3) any individual entering a high or very highradiation area.

(b) Except as specified in this regulation, eachpersonnel-monitoring device that requires proc-essing to determine the radiation dose and is util-ized by the licensee or registrant to comply withthis regulation, with other applicable parts ofthese regulations, or with conditions specified ina license or a registration shall be processed andevaluated by a dosimetry processor accredited bythe ‘‘national voluntary laboratory accreditationprogram’’ of the national institute of standards andtechnology, and approved in this accreditationprocess for each type of radiation that most closelyapproximates each type of radiation for which theindividual wearing the dosimeter is monitored.

(c) The requirements of subsection (b) in thisregulation shall not apply to personnel-monitoringdevices used to measure the dose to hands andforearms or to feet and ankles.

(d) To determine compliance with K.A.R. 28-35-212d, each licensee or registrant shall monitorthe occupational intake of radioactive material byand assess the committed effective dose equiva-lent to the following:

(1) Any adult likely to receive, in one year, anintake in excess of 10 percent of the applicableALI in appendix B, table I, columns 1 and 2 in‘‘appendices to part 4: standards for protectionagainst radiation,’’ as adopted in K.A.R. 28-35-135a; and

(2) any minor or declared pregnant womanlikely to receive, in one year, a committed effec-tive dose equivalent in excess of 0.50 mSv (0.05rem). (Authorized by and implementing K.S.A.48-1607; effective, T-85-43, Dec. 19, 1984; effec-tive May 1, 1985; amended Sept. 20, 1993;amended Oct. 17, 1994; amended Dec. 30, 2005.)

28-35-217b. General. (a) Each licenseeor registrant shall make, or cause to be made, sur-veys that:

(1) provide measurements or evaluations dem-onstrating compliance with these regulations; and

(2) are necessary under the circumstances toevaluate:

(A) radiation levels;(B) concentrations or quantities of radioactive

material; and(C) the potential radiological hazards that

could be present.(b) The licensee or registrant shall ensure that

instruments and equipment used for quantitative


268

radiation measurements, are calibrated at inter-vals not to exceed 12 months, for the type of ra-diation measured.

(c) The licensee or registrant shall ensure thatadequate precautions are taken to prevent a de-ceptive exposure of an individual monitoring de-vice. (Authorized by and implementing K.S.A.1993 Supp. 48-1607; effective Oct. 17, 1994.)


28-35-218a. Bioassays. Where necessaryor desirable in order to aid in determining theextent of an individual’s exposure to concentra-tions of radioactive material, a licensee may berequired by the department, through license pro-visions or an order, to make available to the in-dividual appropriate bioassay services and to fur-nish a copy of the reports of those services to thedepartment. (Authorized by and implementingK.S.A. 1992 Supp. 48-1607; effective, T-85-43,Dec. 19, 1984; effective May 1, 1985; amendedSept. 20, 1993.)


28-35-219a. Caution signs and labels.(a) General.

(1) Except as otherwise authorized by the de-partment, the symbol prescribed by this regula-tion shall use the conventional radiation cautioncolors, which are magenta, purple, or black on ayellow background. The symbol shall be the con-ventional three-blade design with the phrases andgraphic as follows:

CAUTION (or DANGER)

RADIATION SYMBOL(A) Cross-hatch area shall be magenta, pur-

ple, or black.(B) Background shall be yellow.

(2) In addition to the contents of signs and la-bels prescribed in this regulation, any licensee orregistrant may provide on or near signs and labelsany additional information that is appropriate inaiding individuals to minimize exposure toradiation.

(b) Radiation areas. Each radiation area shallbe conspicuously posted with a sign or signs bear-ing the radiation caution symbol and the followingwords:

CAUTION (or DANGER)

RADIATION AREA

(c) High radiation areas.(1) Each high radiation area shall be conspic-

uously posted with a sign or signs bearing the ra-diation caution symbol and the following words:

CAUTION (or DANGER)

HIGH RADIATION AREA

(2) Each registrant or licensee shall ensure thatthe entrance or access point to a high radiationarea meets one or more of the followingconditions:

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269

(A) Is equipped with a control device that,upon entry into the area, causes the level of ra-diation to be reduced below that at which an in-dividual might receive a deep dose equivalent of100 millirems (1.0 mSv) in one hour at 30 centi-meters from any surface that the radiation pene-trates; or

(B) is equipped with a control device that en-ergizes a conspicuous visible or audible alarm sig-nal in such a manner that the individual enteringthe high radiation area and the licensee or a su-pervisor of the activity is made aware of the entry;or

(C) is required to be locked except during per-iods when access to the area is required, with pos-itive control over each individual entry.

(3) The controls required by paragraphs (c)(2)and (d)(2) shall be established so that no individ-ual will be prevented from leaving a high radiationarea or a very high radiation area.

(4) If a high radiation area is established for aperiod of 30 days or less, direct surveillance toprevent unauthorized entry may be substitutedfor the controls required by paragraph (c)(2) ofthis regulation.

(5) Any licensee or registrant may apply to thedepartment for approval of methods not includedin paragraphs (c)(2), (4), and (6) of this regulation.The proposed alternatives shall be approved bythe secretary if the licensee or registrant demon-strates that the alternative methods of control willprevent unauthorized entry into a high radiationarea, and that the requirement of paragraph (c)(3)of this regulation is met.

(6) In place of the controls required by thisregulation for a high radiation area, the licenseeor registrant may substitute continuous direct orelectronic surveillance that is capable of prevent-ing unauthorized entry.

(7) The licensee or registrant shall not be re-quired to control each entrance or access point toa room or other area that is a high radiation areasolely because of the presence of radioactive ma-terials prepared for transport and packaged andlabeled in accordance with the regulations of theU.S. department of transportation if the followingconditions are met:

(A) The packages do not remain in the arealonger than three days.

(B) The dose rate at one meter from the ex-ternal surface of any package does not exceed 0.1mSv (0.01 rem) per hour.

(8) The licensee or registrant shall not be re-

quired to control entrance or access to rooms orother areas in hospitals solely because of the pres-ence of patients containing radioactive material ifthere are personnel in attendance who are takingthe necessary precautions to prevent the exposureof individuals to radiation or radioactive materialin excess of the established limits in these regu-lations and to operate within the ALARA provi-sions of the licensee’s or registrant’s radiation pro-tection program.

(9) The registrant shall not be required to con-trol entrance or access to rooms or other areascontaining sources of radiation capable of produc-ing a high radiation area as described in this reg-ulation if the registrant has met all the specificrequirements for access and control specified inother applicable regulations, part 7 for industrialradiography, part 5 for X-rays in the healing arts,and part 9 for particle accelerators.

(d) Very high radiation areas.(1) Each very high radiation area shall be con-

spicuously posted with a sign or signs bearing theradiation caution symbol and the following words:

GRAVE DANGER

VERY HIGH RADIATION AREA

(2) Each registrant or licensee shall institutemeasures to ensure that an individual is not ableto gain unauthorized or inadvertent access to anarea in which radiation levels could be encoun-tered at five Gy (500 rad) or more in one hour atone meter from a source of radiation or any sur-face through which the radiation penetrates. Thisarea is called a very high radiation area.

(A) Paragraph (d)(2) shall not apply to roomsor areas in which diagnostic X-ray systems are theonly source of radiation, or to non-self-shieldedirradiators.

(B) The registrant or licensee shall not be re-quired to control entrance or access to rooms orother areas containing sources of radiation capa-ble of producing a very high radiation area, as de-scribed in this regulation, if the registrant or li-censee has met all the specific requirements foraccess and control specified in part 7 for industrialradiography, part 5 for X-rays in the healing arts,and part 9 for particle accelerators.

(3) Control of access to very high radiation ar-eas; irradiators.

(A) Paragraph (d)(3) shall apply to licensees orregistrants with sources of radiation in non-self-shielded irradiators and shall not apply to sources


270

of radiation used in teletherapy, in industrial ra-diography, or in completely self-shielded irradia-tors in which the source of radiation is both storedand operated within the same shielding radiationbarrier and, in the designed configuration of theirradiator, is always physically inaccessible to anyindividual and cannot create a high level of radi-ation in an area that is accessible to any individual.

(B) Each area in which there could exist radi-ation levels in excess of five Gy (500 rad) in onehour at one meter from a source of radiation thatis used to irradiate materials shall be equippedwith entry control devices that perform thefollowing:

(i) Function automatically to prevent any in-dividual from inadvertently entering a very highradiation area;

(ii) permit deliberate entry into the area onlyafter a control device is actuated that causes theradiation level within the area, from the source ofradiation, to be reduced below that at which itwould be possible for an individual to receive adeep dose equivalent in excess of 1 mSv (0.1 rem)in one hour; and

(iii) prevent operation of the source of radia-tion if the source would produce radiation levelsin the area that could result in a deep dose equiv-alent to an individual in excess of one mSv (0.1rem) in one hour.

(C) Additional control devices shall be pro-vided so that, upon failure of the entry controldevices to function as required in this regulation,both of the following will occur:

(i) The radiation level within the area, from thesource of radiation, is reduced below the level atwhich it would be possible for an individual toreceive a deep dose equivalent in excess of onemSv (0.1 rem) in one hour.

(ii) Conspicuous visible and audible alarm sig-nals are generated to make an individual attempt-ing to enter the area aware of the hazard and atleast one other authorized individual who is phys-ically present, familiar with the activity, and pre-pared to render or summon assistance aware ofthe failure of the entry control devices.

(D) The licensee or registrant shall providecontrol devices so that, upon the failure or re-moval of physical radiation barriers other than thesealed sources shielded storage container, both ofthe following will occur:

(i) The radiation level from the source of ra-diation is reduced below the level at which itwould be possible for an individual to receive a

deep dose equivalent in excess of one mSv (0.1rem) in one hour.

(ii) Conspicuous visible and audible alarm sig-nals are generated to make potentially affected in-dividuals aware of the hazard and to make the li-censee, registrant, or at least one other individualwho is familiar with the activity and prepared torender or summon assistance aware of the failureor removal of the physical barrier.

(E) If the shield for stored sealed sources is aliquid, the licensee or registrant shall provide themeans to monitor the integrity of the shield andto automatically signal the loss of adequateshielding.

(F) Physical radiation barriers that comprisepermanent structural components, includingwalls, that have no credible probability of failureor removal in ordinary circumstances shall not berequired to meet the requirements of paragraphs(d)(3)(D) and (E).

(G) Each area shall be equipped with devicesthat automatically generate conspicuous visibleand audible alarm signals to alert personnel in thearea before the source of radiation can be put intooperation and in time for any individual in the areato operate a clearly identified control device,which shall be installed in the area and which shallprevent the source of radiation from being putinto operation.

(H) Each area shall be controlled by the use ofany administrative procedures and devices nec-essary to ensure that the area is cleared of per-sonnel before each use of the source of radiation.

(I) Each area shall be checked by a measure-ment of the radiation to ensure that, before thefirst individual’s entry into the area after any useof the source of radiation, the radiation level fromthe source of radiation in the area is below thelevel at which it would be possible for an individ-ual to receive a deep dose equivalent in excess ofone mSv (0.1 rem) in one hour.

(J) The entry control devices required in par-agraph (d)(3) shall be tested for properfunctioning.

(i) Testing shall be conducted before initial op-eration with the source of radiation on any day,unless operations were continued uninterruptedfrom the previous day.

(ii) Testing shall be conducted before resum-ing operation of the source of radiation after anyunintentional interruption.

(iii) The licensee or registrant shall submit and

28-35-219aRADIATION

271

adhere to a schedule for periodic tests of the entrycontrol and warning systems.

(K) The licensee or registrant shall not conductoperations, other than those necessary to place thesource of radiation in safe condition or to effectrepairs on controls, unless the control devices arefunctioning properly.

(L) Entry and exit portals that are used intransporting materials to and from the irradiationarea and that are not intended for use by individ-uals shall be controlled by those devices and ad-ministrative procedures necessary to physicallyprotect and warn against inadvertent entry by anyindividual through these portals. Exit portals forirradiated materials shall be equipped to detectand signal the presence of any loose radioactivematerial that is carried toward such an exit andautomatically to prevent any loose radioactive ma-terial from being carried out of the area.

(4) Licensees, registrants, or applicants for li-censes or registrations for sources of radiationsubject to paragraph (d)(3) that will be used in avariety of positions or in locations including openfields or forests that make it impracticable to com-ply with certain requirements of this regulation,including those for the automatic control of radi-ation levels, may apply to the department for ap-proval of alternative safety measures. Alternativesafety measures that are at least equivalent tothose specified in paragraph (d)(3) shall be pro-vided. At least one of the alternative measuresshall include an entry-preventing interlock controlbased on a measurement of the radiation that en-sures the absence of high radiation levels beforean individual can gain access to the area wheresuch sources of radiation are used.

(e) Airborne radioactivity areas. Each airborneradioactivity area shall be conspicuously postedwith a sign or signs bearing the radiation cautionsymbol and the following words:

CAUTION (or DANGER)

AIRBORNE RADIOACTIVITY AREA

(f) Additional requirements.Each area or room in which any radioactive ma-

terial is used or stored in an amount exceeding 10times the quantity of radioactive material listed inappendix C in ‘‘appendices to part 4: standards forprotection against radiation,’’ as adopted by ref-erence in K.A.R. 28-35-135a, shall be conspicu-ously posted with a sign or signs bearing the ra-diation caution symbol and the following words:

CAUTION (or DANGER)

RADIOACTIVE MATERIAL

(g) Containers.(1) Except as otherwise provided in this sub-

section, each container of radioactive materialshall bear a durable, clearly visible label identify-ing the radioactive contents.

(2) Each label required by paragraph (g) (1)shall bear the radiation caution symbol specifiedin paragraph (a) (1) and the following words:

CAUTION (or DANGER)

RADIOACTIVE MATERIAL

Each label shall also provide sufficient infor-mation to permit the individuals handling or usingthe containers, or working in the vicinity of thecontainers, to take precautions to avoid or mini-mize exposure. As appropriate, the label infor-mation may include radiation levels, descriptionof the contents, an estimate of the activity, andthe date for which the activity is estimated.

(3) The labeling required under paragraph (g)(1) of this regulation shall not be required for anyof the following:

(A) Containers that do not contain radioactivematerial in quantities greater than the applicablequantities listed in appendix C in ‘‘appendices topart 4: standards for protection against radiation,’’which is adopted by reference in K.A.R. 28-35-135a;

(B) containers that do not contain radioactivematerial in concentrations greater than the appli-cable concentrations listed in appendix B, table I,column 2 in ‘‘appendices to part 4: standards forprotection against radiation,’’ which is adopted byreference in K.A.R. 28-35-135a;

(C) containers attended by an individual whotakes the precautions necessary to prevent the ex-posure of any individual to radiation or radioactivematerial in excess of the limits established bythese regulations;

(D) containers in transport and packaged andlabeled in accordance with the U.S. departmentof transportation regulations;

(E) containers that are accessible only to indi-viduals authorized to handle or use the containersor to work in the containers’ vicinity, if the con-tents are identified to those individuals by a read-ily available written record, including containersin water-filled canals, storage vaults, hot cells, andsimilar locations; or


272

(F) manufacturing and process equipment, in-cluding piping and tanks.

(4) Before disposing of an empty uncontami-nated container in an unrestricted area, each li-censee shall remove or deface the radioactive ma-terial label or otherwise clearly indicate that thecontainer no longer contains radioactive material.

(h) Each radiation machine shall be labeled ina manner cautioning individuals that radiation isproduced when the machine is being operated.(Authorized by and implementing K.S.A. 48-1607;effective, T-85-43, Dec. 19, 1984; effective May1, 1985; amended Sept. 20, 1993; amended Oct.17, 1994; amended Dec. 30, 2005.)


28-35-220a. Exceptions from posting,labeling, and color requirements. (a) Notwith-standing the provisions of K.A.R. 28-35-219, theposting of a caution sign shall not be required inan area or room containing radioactive materialfor periods of less than eight hours if both of thefollowing conditions are met:

(1) The material is constantly attended duringthose periods by an individual who takes the pre-cautions necessary to prevent the exposure of anyindividual to radiation or radioactive material inexcess of the limits established in this part.

(2) The area or room is subject to the licensee’sor registrant’s control.

(b) Notwithstanding the requirements ofK.A.R. 28-35-219a, licensees and registrants shallbe allowed to label sources, source holders, or de-vice components containing sources of radiationthat are subject to high temperatures, with con-spicuously etched or stamped radiation cautionsymbols without a color requirement.

(c) The posting of a caution sign shall not berequired in any room or other area in a hospitalthat is occupied by patients if either of the follow-ing occurs:

(1) A patient being treated with a permanentimplant could be released from confinement pur-suant to part 6.

(2) A patient being treated with a therapeuticradiopharmaceutical could be released from con-finement pursuant to part 6.

(d) The posting of a caution sign shall not berequired in any room or area because of the pres-ence of a sealed source if the radiation levels at

30 centimeters from the surface of the sealedsource or housing do not exceed 0.05 mSv (0.005rem) per hour.

(e) The posting of a caution sign shall not berequired in any room or area because of the pres-ence of radiation machines used solely for diag-nosis in the healing arts, dentistry, or podiatry.(Authorized by and implementing K.S.A. 48-1607;effective, T-85-43, Dec. 19, 1984; effective May1, 1985; amended Sept. 20, 1993; amended Oct.17, 1994; amended Dec. 30, 2005.)


28-35-221a. Procedures for picking up,receiving and opening packages. (a) (1) Eachlicensee or registrant who expects to receive apackage containing quantities of radioactive ma-terial in excess of the type A quantities specifiedin K.A.R. 28-35-221b:

(A) if the package is to be delivered to the li-censee’s or registrant’s facility by the carrier, shallmake arrangements to receive the package whenit is offered for delivery by the carrier; or

(B) if the package is to be picked up by thelicensee or registrant at the carrier’s terminal,shall make arrangements to receive notificationfrom the carrier of the arrival of the package, atthe time of arrival.

(2) Each licensee or registrant who picks up apackage of radioactive material from a carrier’sterminal shall pick up the package expeditiouslyupon receipt of notification from the carrier of itsarrival.

(b) (1) Each licensee or registrant, upon re-ceipt of a package of radioactive material, shallmonitor the external surfaces of each package la-beled with U.S. department of transportation ra-dioactive white I, radioactive yellow II or III la-bels, as specified in 49 CFR 172.403 and172.436-440 in effect January 1, 1993, for radio-active contamination caused by leakage of the ra-dioactive contents. Each licensee or registrantshall also monitor for radiation levels on eachpackage containing quantities of radioactive ma-terials that are more than or equal to the type Aquantity defined in K.A.R. 28-35-221b. Each li-censee or registrant shall monitor each packageknown to contain radioactive materials for radio-active contamination and radiation levels if thereis evidence of degradation of package integrity.The monitoring shall be performed as soon as

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273

practicable after receipt, but not later than threehours after the package is received at the li-censee’s facility if received during the licensee’snormal working hours or three hours from the be-ginning of the next working day if received afternormal working hours. The licensee or registrantshall immediately notify the final delivery carrierand, by telephone and telegram, mailgram, or fac-simile, the department when:(A) removable radioactive surface contamina-

tion exceeds the limits of K.A.R. 28-35-221b tableV of these regulations; or(B) external radiation levels exceed the limits

of K.A.R. 28-35-221b(e) and (f).(c) Each licensee or registrant shall establish

and maintain procedures for safely opening pack-ages in which radioactive material is received andshall assure that these procedures are followedand that due consideration is given to special in-structions for the type of package being opened.(d) Licensees or registrants transferring special

form sources in vehicles owned or operated by thelicensee or registrant to and from a work site shallbe exempt from the contamination monitoringrequirements of K.A.R. 28-35-221a, but shall notbe exempt from the monitoring requirement inK.A.R. 28-35-221a for measuring radiation levelsthat ensures that the source is still properly lodgedin its shield. (Authorized by and implementingK.S.A. 1993 Supp. 48-1607; effective, T-85-43,Dec. 19, 1984; effective May 1, 1985; amendedSept. 20, 1993; amended Oct. 17, 1994.)

28-35-221b. Appendix A; determina-tion of A1 and A2 and B quantities.(a) Single radionuclides.(1) For a single radionuclide of known identity,

the values of A1 and A2 shall be taken from TableI if listed there. The values A1 and A2 in Table Ishall also be applicable for the radionuclide con-tained in ( , n) or (!,n) neutron sources.(2) For any single radionuclide whose identity

is known but which is not listed in Table I, thevalue of A1 and A2 shall be determined accordingto the following procedure:(A) If the radionuclide emits only one type of

radiation, A1 shall be determined according to thefollowing method. For radionuclides emitting dif-ferent kinds of radiation, the value of A1 shall bethe most restrictive value of those determined foreach kind of radiation. However, in either case,A1 shall be no more than 1000 curies (37 TBq). Ifa parent nuclide decays into a shorter lived daugh-

ter with a half-life not greater than 10 days, A1

shall be calculated for both the parent and thedaughter, and the more limiting of the two valuesshall be assigned to the parent nuclide.(i) For gamma emitters, A1 shall be determined

by the expression:A1 5 9 curies

where is the gamma-ray constant, correspond-

ing to the dose in roentgens per curie-hour at onemeter, and the number nine results from thechoice of one rem per hour at a distance of threemeters as the reference dose-equivalent rate.(ii) For x-ray emitters, A1 shall be determined

by the atomic number of the nuclide:for Z " 55, A1 5 1000 Ci (37 TBq); andfor Z # 55, A1 5 200 Ci (7.4 TBq)where Z is the atomic number of the nuclide.(iii) For beta emitters, A1 shall be determined

by the maximum beta energy (Emax) according toTable II; and(iv) For alpha emitters, A1 shall be determined

by the expression:A1 5 1000 A3

where A3 is the value listed in Table III;(B) A2 is the more restrictive of the following

two values:(i) The corresponding A1; and(ii) The value A3 obtained from Table III.(3) For any single radionuclide whose identity

is unknown, the value of A1 shall be taken to be 2Ci (74 GBq) and the value of A2 shall be taken tobe 0.002 Ci (74 MBq). However, if the atomicnumber of the radionuclide is known to be lessthan 82, the value of A1, shall be taken to be 10Ci (370 GBq) and the value of A2 shall be takento be 0.4 Ci (14.8 GBq).(b) Mixtures of radionuclides, including radio-

active decay chains.(1) For mixed fission products, the following

activity limit shall be assumed if a detailed analysisof the mixture is not carried out.

A1 5 10 Ci (370 GBq)A2 5 0.4 Ci (14.8 GBq)

(2) A single radioactive decay chain shall beconsidered to be a radionuclide when the radio-nuclides are present in their naturally occurringproportions and no daughter nuclide has a half-life either longer than ten days or longer than thatof the parent nuclide. The activity to be taken intoaccount and the A1 or A2 value from table I to beapplied are those corresponding to the parent nu-


274

clide of that chain. When calculating A1 or A2 val-ues, radiation emitted by daughters shall be con-sidered. However, in the case of radioactive decaychains in which any daughter nuclide has a half-life either longer than ten days or greater than thatof the parent nuclide, the parent and daughternuclides shall be considered to be mixtures of dif-ferent nuclides.

(3) In the case of a mixture of different radio-nuclides, where the identity and activity of eachradionuclide are known, the permissible activityof each radionuclide R1, R2 . . . Rn is such thatF1, + F2 + . . . Fn is not greater than unity,where:

F1 5 total activity of R1

A1(R1)

F2 5 total activity of R2

A1(R2)

Fn 5 total activity of R2nand

A1(Rn)

A1 (R1, R2 . . . Rn) is the value of A1 or A2 asappropriate for the nuclide R1, R2 . . . Rn.

(4) When the identity of each radionuclide isknown but the individual activities of some of theradionuclides are not known, the formula given inparagraph three shall be applied to establish thevalues of A1 or A2 as appropriate. All the radio-nuclides whose individual activities are not known(their total activity will, however, be known) shallbe classed in a single group and the most restric-tive value of A1 or A2 applicable to any one of themshall be used as the value of A1 or A2 in the de-nominator of the fraction.

(5) Where the identity of each radionuclide isknown but the individual activity of none of theradionuclides is known, the most restrictive valueof A1 or A2 applicable to any one of the radionu-clides present shall be adopted as the applicablevalue.

(6) When the identity of none of the nuclidesis known, the value of A1 shall be taken to be 2 Ci(74 GBq) and the value of A2 shall be taken to be0.002 Ci (74 MBq). However, if alpha emitters areknown to be absent, the value of A2 shall be takento be 0.4 Ci (14.8 GBq).

Table IA1 and A2 Values for Radionuclides(See Footnotes at end of Table)

Symbol ofradionuclide

Element andatomic number A1(Ci) A2(Ci)

SpecificActivity(Ci/g)

Ac-227 Actinium (89) 1000 0.003 7.2 2 101

Ac-228 10 4 2.2 2 106

Aq-105 Silver (47) 40 40 3.1 2 104

Aq-110m 7 7 4.7 2 103

Am-241 Americium (95) 8 0.008 3.2Am-243 8 0.008 1.9 2 10 1

Ar-37 (compressed oruncompressed)*

Argon (18) 1000 1000 1.0 2 105

Ar-41 (uncompressed)* 20 20 4.3 2 107

Ar-41 (compressed)* 1 1 4.3 2 107

As-73 Arsenic (33) 1000 400 2.4 2 104

As-74 20 20 1.0 2 10 5

As-76 10 10 1.6 2 106

As-77 300 20 1.1 2 106

At-211 Astatine (85) 200 7 2.1 2 106

Au-193 Gold (79) 200 200 9.3 2 105

Au-196 30 30 1.2 2 105

Au-198 40 20 2.5 2 105

AU-199 200 25 2.1 2 105

Ba-131 Barium (56) 40 40 8.7 2 104

Ba-133 40 40 4.0 2 102

Ba-140 20 20 7.3 2 104

Be-7 Beryllium (4) 300 300 3.5 2 105

Bi-206 Bismuth (83) 5 5 9.9 2 104

Bi-207 10 10 2.2 2 102

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Bi-210 (RaE) 100 4 1.2 2 105

Bi-212 6 6 1.5 2 107

Bk-249 Berkelium (97) 1000 1 1.8 2 103

Br-77 Bromine (35) 70 25 7.1 2 105

Br-82 6 6 1.1 2 106

C-11 Carbon (6) 20 20 8.4 2 108

C-14 1000 60 4.6Ca-45 Calcium (20) 1000 25 1.9 2 104

Ca-47 20 20 5.9 2 105

Cd-109 Cadmium (48) 1000 70 2.6 2 103

Cd-115m 30 30 2.6 2 104

Cd-115 80 20 5.1 2 105

Ce-139 Cerium (58) 100 100 6.5 2 103

Ce-141 300 25 2.8 2 104

Ce-143 60 20 6.6 2 105

Ce-144 10 7 3.2 2 103

Cf-249 California (98) 2 0.002 3.1Cf-250 7 0.007 1.3 2 102

Cf-252 2 0.009 6.5 2 102

Cl-36 Chlorine (17) 300 10 3.2 2 10 2

Cl-38 10 10 1.3 2 108

Cm-242 Curium (96) 200 0.2 3.3 2 103

Cm-243 9 0.009 4.2 2 101

Cm-244 10 0.01 8.2 2 101

Cm-245 6 0.006 1.0 2 10 1

Cm-246 6 0.006 3.6 2 10 1

Co-56 Cobalt (27) 5 5 3.0 2 104

Co-57 90 90 8.5 2 103

Co-58m 1000 1000 5.9 2 106

Co-58 20 20 3.1 2 104

Co-60 7 7 1.1 2 103

Cr-51 Chromium (24) 600 600 9.2 2 104

Cs-129 Cesium (55) 40 40 7.6 2 105

Cs-131 1000 1000 1.0 2 105

Cs-134m 1000 10 7.4 2 106

Cs-134 10 10 1.2 2 103

Cs-135 1000 25 8.8 2 10 4

Cs-136 7 7 7.4 2 104

Cs-137 30 2810 9.8 2 101

Cu-64 Copper (29) 80 25 3.8 2 106

Cu-67 200 25 7.9 2 105

Dy-165 Dysprosium (66) 100 20 8.2 2 106

Dy-166 1000 200 2.3 2 105

Er-169 Erbium (68) 1000 25 8.2 2 104

Er-171 50 20 2.4 2 106

Eu-152m Europium (63) 30 30 2.2 2 106

Eu-152 20 10 1.9 2 102

Eu-154 10 5 1.5 2 102

Eu-155 400 60 1.4 2 103

F-18 Fluorine (9) 20 20 9.3 2 107

Fe-52 Iron (26) 5 5 7.3 2 106

Fe-55 1000 1000 2.2 2 103

Fe-59 10 10 4.9 2 104

Ga-67 Gallium (31) 100 100 6.0 2 105

Ga-68 10 20 4.0 2 107


276




Ga-72 7 7 3.1 2 106

Gd-153 Gadolinium (64) 200 100 3.6 2 103

Gd-159 300 20 1.1 2 106

Ge-68 Germanium (32) 20 10 7.0 2 103

Ge-71 1000 1000 1.6 2 105

H-3 Hydrogen (1) see T-TritiumHf-181 Hafnium (72) 30 25 1.6 2 104

Hg-197m Mercury (80) 200 200 6.6 2 105

Hg-197 200 200 2.5 2 105

Hg-203 80 25 1.4 2 104

Ho-166 Holmium (67) 30 30 6.9 2 105

I-123 Iodine (53) 50 50 1.9 2 106

I-125 1000 70 1.7 2 104

I-126 40 10 7.8 2 104

I-129 1000 2 1.6 2 10 4

I-131 40 10 1.2 2 105

I-132 7 7 1.1 2 107

I-133 30 10 1.1 2 106

I-134 8 8 2.7 2 107

I-135 10 10 3.5 2 106

In-111 Indium (49) 30 25 4.2 2 105

In-113m 60 60 1.6 2 107

In-114m 30 20 2.3 2 104

In-115m 100 20 6.1 2 106

Ir-190 Iridium (77) 10 10 6.2 2 104

Ir-192 20 10 9.1 2 103

Ir-194 10 10 8.5 2 105

K-42 Potassium (19) 10 10 6.0 2 106

K-43 20 10 3.3 2 106

Kr-85m (uncompressed)* Krypton (36) 100 100 8.4 2 106

Kr-85m (compressed)* 3 3 8.4 2 106

Kr-85 (uncompressed)* 1000 1000 4.0 2 102

Kr-85 (compressed)* 5 5 4.0 2 102

Kr-87 (uncompressed)* 20 20 2.8 2 107

Kr-87 (compressed)* 0.6 0.6 2.8 2 107

La-140 Lanthanum (57) 30 30 5.6 2 105

Lu-177 Lutetium (71) 300 25 1.1 2 105

MFP Mixed Fission products 10 0.4 ---Mg-28 Magnesium (12) 6 6 5.2 2 106

Mn-52 Manganese (25) 5 5 4.4 2 105

Mn-54 20 20 8.3 2 103

Mn-56 5 5 2.2 2 107

Mo-99 Molybdenum (42) 100 20 4.7 2 105

N-13 Nitrogen (7) 20 10 1.5 2 109

Na-22 Sodium (11) 8 8 6.3 2 103

Na-24 5 5 8.7 2 106

Nb-93m Niobium (41) 1000 200 1.1 2 103

Nb-95 20 20 3.9 2 104

Nb-97 20 20 2.6 2 107

Nd-147 Neodymium (60) 100 20 8.0 2 104

Nd-149 30 20 1.1 2 107

Ni-59 Nickel (28) 1000 900 8.1 2 10 2

Ni-63 1000 100 4.6 2 101

Ni-65 10 10 1.9 2 107

Np-237 Neptunium (93) 5 0.005 6.9 2 10 4

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Np-239 200 25 2.3 2 105

Os-185 Osmium (76) 20 20 7.3 2 103

Os-191 600 200 4.6 2 104

Os-191m 200 200 1.2 2 106

Os-193 100 20 5.3 2 105

P-32 Phosphorus (15) 30 30 2.9 2 105

Pa-230 Protactinium (91) 20 0.8 3.2 2 104

Pa-231 2 0.002 4.5 2 10 2

Pa-233 100 100 2.1 2 104

Pb-201 Lead (82) 20 20 1.7 2 106

Pb-210 100 0.2 8.8 2 101

Pb-212 6 5 1.4 2 106

Pd-103 Palladium (46) 1000 700 7.5 2 104

Pd-109 100 20 2.1 2 106

Pm-147 Promethium (61) 1000 25 9.4 2 102

Pm-149 10 20 4.2 2 105

Po-210 Polonium (84) 200 0.2 4.5 2 103

Pr-142 Praseodymium (59) 10 10 1.2 2 104

Pr-143 300 20 6.6 2 104

Pt-191 Platinum (78) 100 100 2.3 2 105

Pt-193m 200 200 2.0 2 105

Pt-197m 300 20 1.2 2 107

Pt-197 300 20 8.8 2 105

Pu-238 Plutonium (94) 3 0.003 1.7 2 101

Pu-239 2 0.002 6.2 2 10 2

Pu-240 2 0.002 2.3 2 10 1

Pu-241 1000 0.1 1.1 2 102

Pu-242 3 0.003 3.9 2 10 3

Ra-223 Radium (88) 50 0.2 5.0 2 104

Ra-224 6 0.5 1.6 2 105

Ra-226 10 0.05 1.0Ra-228 10 0.05 2.3 2 102

Rb-81 Rubidium (37) 30 24 8.2 2 106

Rb-86 30 30 8.1 2 104

Rb-87 Unlimited Unlimited 6.6 2 10 8

Rb (natural) Unlimited Unlimited 1.8 2 10 8

Re-186 Rhenium (75) 100 20 1.9 2 105

Re-187 Unlimited Unlimited 3.8 2 10 8

Re-188 10 10 1.0 2 106

Re (natural) Unlimited Unlimited 2.4 2 10 8

Rh-103m Rhodium (45) 1000 1000 3.2 2 107

Rh-105 200 25 8.2 2 105

Rn-222 Radon (86) 10 2 1.5 2 105

Ru-97 Ruthenium (44) 80 80 5.5 2 105

Ru-103 30 25 3.2 2 104

Ru-105 20 20 6.6 2 106

Ru-106 10 7 3.4 2 103

S-35 Sulphur (16) 1000 60 4.3 2 104

Sb-122 Antimony (51) 30 30 3.9 2 105

Sb-124 5 5 1.8 2 104

Sb-125 40 25 1.4 2 103

Sc-46 Scandium (21) 8 8 3.4 2 104

Sc-47 200 20 8.2 2 105


278




Sc-48 5 5 1.5 2 106

Se-75 Selenium (34) 40 40 1.4 2 104

Si-31 Silicon (14) 100 20 3.9 2 107

Sm-147 Samarium (62) Unlimited Unlimited 2.0 2 10 8

Sm-151 1000 90 2.6 2 101

Sm-153 300 20 4.4 2 105

Sn-113 Tin (50) 60 60 1.0 2 104

Sn-119m 100 100 4.4 2 103

Sn-125 10 10 1.1 2 10Sr-85m Strontium (38) 80 80 3.2 2 107

Sr-85 30 30 2.4 2 104

Sr-85m 50 50 1.2 2 107

Sr-89 100 10 2.9 2 104

Sr-90 10 0.4 1.5 2 102

Sr-91 10 10 3.6 2 106

Sr-92 10 10 1.3 2 107

T (uncompressed)* Tritium (1) 1000 1000 9.7 2 103

T (compressed)* 1000 1000 9.7 2 103

T (activated luminouspaint)

1000 1000 9.7 2 103

T (absorbed on solidcarrier)

1000 1000 9.7 2 103

T (tritiated water) 1000 1000 9.7 2 103

T (other forms) 20 20 9.7 2 103

Ta-182 Tantalum (73) 20 20 6.2 2 103

Tb-160 Terbium (65) 20 10 1.1 2 104

Tc-96m Technetium (43) 1000 1000 3.8 2 107

Tc-96 6 6 3.2 2 105

Tc-97m 1000 200 1.5 2 104

Tc-97 1000 400 1.4 2 10 3

Tc-99m 100 100 5.2 2 106

Tc-99 1000 25 1.7 2 10 2

Te-125m Tellurium (52) 1000 100 1.8 2 104

Te-127m 300 20 4.0 2 104

Te-127 300 20 2.6 2 106

Te-129m 30 10 2.5 2 104

Te-129 100 20 2.0 2 107

Te-131m 10 10 8.0 2 105

Te-132 7 7 3.1 2 105

Th-227 Thorium (90) 200 0.2 3.2 2 104

Th-228 6 0.008 8.3 2 102

Th-230 3 0.003 1.9 2 10 2

Th-231 1000 25 5.3 2 105

Th-232 Unlimited Unlimited 1.1 2 10 7

Th-234 10 10 2.3 2 104

Th (natural) Unlimited Unlimited 2.2 2 10 7

Th (irradiated)** --- --- ---Tl-200 Thallium (81) 20 20 5.8 2 105

Tl-201 200 200 2.2 2 105

Tl-202 40 40 5.4 2 104

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Tl-204 300 10 4.3 2 102

Tm-170 Thulium (69) 300 10 6.0 2 103

Tm-171 1000 100 1.1 2 103

U-230 Uranium (92) 100 0.1 2.7 2 104

U-232 30 0.03 2.1 2 101

U-233 100 0.1 9.5 2 10 3

U-234 100 0.1 6.2 2 10 3

U-235 100 0.2 2.1 2 10 6

U-236 200 0.2 6.3 2 10 5

U-238 Unlimited Unlimited 3.3 2 10 7

U-(natural) Unlimited Unlimited see Table IVU-(enriched) ! 20% Unlimited Unlimited see Table IV

100 0.1 see Table IV20% or greaterU-(depleted) Unlimited Unlimited see Table IVU (irradiated)*** --- --- ---V-48 Vanadium (23) 6 6 1.7 2 105

W-181 Tungsten (74) 200 100 5.0 2 103

W-185 1000 25 9.7 2 10 3

W-187 40 20 7.0 2 105

Xe-127 (uncompressed)* Xenon (54) 70 70 2.8 2 104

Xe-127 (compressed)* 5 5 2.8 2 104

Xe-131m (compressed)* 10 10 1.0 2 105

Xe-131m (uncompressed)* 100 100 1.0 2 105

Xe-133 (uncompressed)* 1000 1000 1.9 2 105

Xe-133 (compressed)* 5 5 1.9 2 105

Xe-135 (uncompressed)* 70 70 2.5 2 105

Xe-135 (compressed)* 2 2 2.5 2 105

Y-87 Yttrium (39) 20 20 4.5 2 101

Y-90 10 10 2.5 2 105

Y-91m 30 30 4.1 2 107

Y-91 30 30 2.5 2 104

Y-92 10 10 9.5 2 106

Y-93 10 10 3.2 2 106

Yb-169 Ytterbium (70) 80 80 2.3 2 105

Yb-175 400 25 1.8 2 105

Zn-65 Zinc (30) 30 30 8.0 2 103

Zn-69m 40 20 3.3 2 106

Zn-69 300 20 5.3 2 107

Zr-93 Zirconium (40) 1000 200 3.5 2 10 3

Zr-95 20 20 2.1 2 104

Zr-97 20 20 2.0 2 106

*For the purpose of Table I, compressed gas means a gas at a pressure which exceeds the ambient atmospheric pressure atthe location where the containment system was closed.

**The values of A1 and A2 must be calculated in accordance with the procedure specified in Appendix A, paragraph II 3, takinginto account the activity of the fission products and of the uranium-233 in addition to that of the thorium.

*** The values of A1 and A2 must be calculated in accordance with the procedure specified in Appendix A, paragraph II 3, takinginto account the activity of the fission products and plutonium isotopes in addition to that of the uranium.


280

Table IIRelationship Between A1 and Emax for the Beta Emitters

Emax (MeV) A1(Ci)

0.5 10000.5 - 1.0 3001.0 - 1.5 1001.5 - 2.0 30

! 2.0 10

Table IIIRelationship Between A1 and the Atomic Number

of the Radionuclide

AtomicNumber

Half-life lessthan 1000 days

A3Half-life 1000 days

to 106 yearsHalf-life greaterthan 106 years

1 to 81 3 Ci 0.05 Ci 3 Ci82 and above 0.002 Ci 0.002 Ci 3 Ci

Table IVActivity-Mass Relationships for Uranium/Thorium

Thorium and Uranium Enrichment* Specific Activitywt % U-235 present Ci/g g/Ci

0.45 5.0 2 10"7 2.0 2 106

0.72 (natural) 7.062 10"7 1.422 106

1.0 7.6 2 10"7 1.3 2 106

1.5 1.0 2 10"6 1.0 2 106

5.0 2.7 2 10"6 3.7 2 105

10.0 4.8 2 10"6 2.1 2 105

20.0 1.0 2 10"5 1.0 2 105

35.0 2.0 2 10"5 5.0 2 104

50.0 2.5 2 10"5 4.0 2 104

90.0 5.8 2 10"5 1.7 2 104

93.0 7.0 2 10"5 1.4 2 104

95.0 9.1 2 10"5 1.1 2 104

Natural Thorium 2.2 2 10"7 4.6 2 106

* The figures for uranium include representative values for the activity of the uranium-234 which is concentrated during theenrichment process. The activity for thorium includes the equilibrium concentration of thorium-228.

(c) Type B quantity shall mean a quantity ofradioactive materials greater than a type Aquantity.(d) The level of removable contamination on the

external surfaces of each package shall, when av-eraged over the surface wiped, not exceed the limitsgiven in table V below at any time during transport.The level of removable radioactive contaminationshall be determined by wiping an area of 300 squarecentimeters of the surface concerned with an ab-

sorbent material, using moderate pressure, andmeasuring the activity on the wiping material. Suf-ficient measurements shall be taken in the most ap-propriate locations to yield a representative assess-ment of the removable contamination levels. Onlyin the case of packages transported as exclusive useshipment by rail or highway, may the removableradioactive contamination exceed the levels pre-scribed in table V. In this case, the levels shall notexceed 10 times the levels prescribed in table V.

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Table VRemovable External Radioactive Contamination Wipe Limits

MaximumPermissible

Limits

Contaminant uCi/cm2 dpm/cm2

Beta-gamma emitting radionuclides; all radionuclides with half-livesless than ten days; natural uranium; natural thorium; uranium-235;uranium-238; thorium-232; thorium-228 and thorium-230 whencontained in ores or physical concentrates ................................. 10 5 22

All other alpha emitting radionuclides ...................................... 10 6 2.2

(e) External radiation levels around the pack-age and around the vehicle, if applicable, shall notexceed 200 millirems per hour (2 mSv/hr) at anypoint on the external surface of the package at anytime during transportation. The transport indexshall not exceed 10.

(f) For a package transported in exclusive useby rail, highway or water, radiation levels externalto the package may exceed the limits specified inK.A.R. 28-35-221b(d) but shall not exceed any ofthe following:

(1) 200 millirems per hour (2 mSv/hr) on theaccessible external surface of the package unlessthe following conditions are met, in which casethe limit shall be 1000 millirem per hour (10 mSv/hr):

(A) The shipment is made in a closed transportvehicle;

(B) provisions are made to secure the packageso that its position within the vehicle remains fixedduring transportation; and

(C) there are no loading or unloading opera-tions between the beginning and end of thetransportation;

(2) 200 millirems per hour (2 mSv/hr) at anypoint on the outer surface of the vehicle, includingthe upper and lower surfaces, or, in the case of aflat-bed style vehicle, with a personnel barrier, atany point on the vertical planes projected from theouter edges of the vehicle, on the upper surfaceof the load, and on the lower external surface ofthe vehicle;

(3) 10 millirems per hour (0.1 mSv/hr) at anypoint 2 meters from the vertical planes repre-sented by the outer lateral surfaces of the vehicle,or, in the case of a flat-bed style vehicle, at anypoint 2 meters from the vertical planes projectedfrom the outer edges of the vehicle; and

(4) 2 millirems per hour (0.02 mSv/hr) in anynormally occupied positions of the vehicle, exceptthat this provision shall not apply to private motorcarriers when persons occupying these positionsare provided with special health supervision per-sonnel radiation exposure monitoring devices, andtraining in accordance with K.A.R. 28-35-333.(Authorized by and implementing K.S.A. 1993Supp. 48-1607; effective Sept. 20, 1993; amendedOct. 17, 1994.)


28-35-222a. Security and control ofsources of radiation. (a) Each licensee or reg-istrant shall secure from unauthorized removal oraccess all licensed or registered sources of radia-tion that are stored in controlled or unrestrictedareas.

(b) Each licensee or registrant shall control,maintain constant surveillance of, and use devicesor administrative procedures to prevent the unau-thorized use of all licensed or registered radioac-tive material that is in an unrestricted area andthat is not in storage.

(c) Each registrant shall maintain control of ra-diation machines that are in a controlled or un-restricted area and that are not in storage. (Au-thorized by and implementing K.S.A. 48-1607;effective, T-85-43, Dec. 19, 1984; effective May1, 1985; amended Sept. 20, 1993; amended Oct.17, 1994; amended Dec. 30, 2005.)


28-35-223a. Waste disposal; general


282

requirements. (a) A licensee shall not dispose ofany radioactive material except by one of the fol-lowing means:

(1) By transferring the material to an author-ized recipient as provided in K.A.R. 28-35-190a;

(2) pursuant to K.A.R. 28-35-214b, 28-35-223a(c)(1), or 28-35-224a; or

(3) by decay in storage.(b) A person shall be specifically licensed or

registered to receive waste containing licensed orregistered material from other persons for any ofthe following:

(1) Treatment before disposal;(2) treatment or disposal by incineration;(3) decay in storage;(4) disposal at a land disposal facility licensed

pursuant to these regulations; or(5) storage until transferred to a storage or dis-

posal facility authorized to receive the waste.(c)(1) Any person may apply to the secretary

for consideration for approval of proposed pro-cedures to dispose of radioactive material in amanner not otherwise authorized in this part.Each applicant shall include a description of theradioactive material, including the following:

(A) The quantities and kinds of radioactivematerial;

(B) the levels of radioactivity involved; and(C) the proposed manner and conditions of

disposal.(2) The application, when appropriate, shall

also include an analysis and evaluation of perti-nent information concerning the following:

(A) A description of the waste containing thelicensed or registered material to be disposed of,including the physical and chemical propertiesthat have an impact on risk evaluation, and theproposed manner and conditions of wastedisposal;

(B) the nature of the environment, includingtopographical, geological, meteorological, and hy-drological characteristics;

(C) the usage of groundwater and surface wa-ters in the general area;

(D) the nature and location of other potentiallyaffected facilities; and

(E) the procedures to be observed to minimizethe risk of unexpected or hazardous exposures.

(3) An application for a license to receive ra-dioactive material from other persons for disposalon land not owned by a state or the federal gov-ernment shall not be approved by the secretary.

(d)(1) Any licensee may dispose of the follow-

ing licensed materials without regard to itsradioactivity:

(A) 0.05 microcuries (1.850 kBq) or less of hy-drogen-3 or carbon-14, per gram of medium usedfor liquid scintillation counting; and

(B) 0.05 microcuries or less of hydrogen-3 orcarbon-14, per gram of animal tissue averagedover the weight of the entire animal. Tissue shallnot be disposed of under this regulation in a man-ner that would permit its use either as food forhumans or as animal feed.

(2) This regulation shall not exempt any li-censee or registrant from the requirement tomaintain records showing the receipt, transfer,and disposal of the radioactive material as speci-fied in K.A.R. 28-35-227c.

(3) This regulation shall not exempt any li-censee or registrant from the requirement to com-ply with other applicable federal, state, and localregulations governing any other toxic or hazardousproperty of waste materials. (Authorized by andimplementing K.S.A. 48-1607; effective, T-85-43,Dec. 19, 1984; effective May 1, 1985; amendedSept. 20, 1993; amended Oct. 17, 1994; amendedDec. 30, 2005.)

28-35-223b. Waste classification. (a)Classification of waste for near surface disposal.In classifying radiation waste, consideration shallbe given to the concentration of long-lived radi-onuclides (and their shorter-lived precursors)whose potential hazard will persist long after suchprecautions as institutional controls, improvedwaste form, and deeper disposal have ceased tobe effective. Consideration shall also be given tothe concentration of short-lived radionuclides forwhich requirements on institutional controls,waste form, and disposal methods are efficient.

(b) Classes of waste.(1) ‘‘Class A waste’’ is waste that is segregated

from other waste classes at the disposal site. Thephysical form and characteristics of class A wasteshall meet the minimum requirements set forthin K.A.R 28-35-223c(a). If class A waste alsomeets the stability requirements set forth inK.A.R. 28-35-223c(b), the requirement that suchwastes be separated shall be waived.

(2) ‘‘Class B waste’’ is waste that must meetmore rigorous requirements as to waste form toinsure stability after disposal. The physical formand characteristics of class B waste shall meetboth the minimum and stability requirements setforth in K.A.R. 28-35-223c.

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(3) ‘‘Class C waste’’ is waste that must meetmore rigorous requirements as to waste form toinsure stability and that also requires additionalmeasures at the disposal facility to protect againstinadvertent intrusion. The physical form and char-acteristics of class C waste shall meet both theminimum and stability requirements set forth inK.S.A. 28-35-223c.

(4) ‘‘Waste that is not generally acceptable fornear-surface disposal’’ is waste for which wasteform and disposal methods must be different, andin general more stringent, than those specified forclass C wastes. In the absence of specific require-ments in this part, proposals for disposal of thiswaste may be submitted to the department forapproval.

(c) Classification determined by long-lived ra-dionuclides. If radioactive waste contains only ra-dionuclides listed in Table 1, classification shall bedetermined as follows:

(1) If the concentration does not exceed 0.1times the value in Table 1, the waste shall be as-signed to Class A.

(2) If the concentration exceeds 0.1 times thevalue in Table 1, the waste shall be assigned toClass C.

(3) If the concentration exceeds the value inTable 1, the waste shall not be generally accept-able for near-surface disposal.

(4) For wastes containing mixtures of radio-nuclides listed in Table 1, the total concentrationshall be determined by the sum of fractions ruledescribed in subsection (g) of this regulation.

(d) Classification determined by short-livedradionuclides.

(1) If the radionuclides are not listed in Table1, classification shall be determined based on theconcentrations shown in Table 2. If a radionuclideis not listed in Table 2, it shall not be consideredin determining waste classification.

(2) If the concentration does not exceed thevalue in Column 1 of Table 2, the waste shall beassigned to Class A.

(3) If the concentration exceeds the value inColumn 1, Table 2, but does not exceed the valuein Column 2, Table 2, the waste shall be assignedto Class B.

Table 1

RadionuclideConcentration

Curies/Cubic Meter

C-14 8C-14 in activated metal 80

RadionuclideConcentration

Curies/Cubic Meter

Ni-59 in activated metal 220Nb-94 in activated metal 0.2Tc-99 3Alpha emitting transuranic nuclides

with half-life greater than 5 years 100*Pu-241 3,500*Cm-242 20,000

* Units are nanocuries per gram

Table 2

Concentration, Curies/Cubic MeterRadionuclide Column 1 Column 2 Column 3

Total of all nu-clides withless than 5year half-life 700 ** **

H-3 40 ** **Co-60 700 ** **Ni-63 3.5 70 700Ni-63 inacti- 35 700 7000

vated metalSr-90 0.04 150 7000Cs-137 1 44 4600

** There are no limits established for these radionuclides inClass B or Class C wastes. Practical considerations such as theeffects of external radiation and internal heat generation ontransportation, handling, and disposal will limit the concentra-tions for these wastes. These wastes shall be Class B unless theconcentration of other nuclides in Table 2 independently de-termine the waste to be Class C.

(4) If the concentration exceeds the value inColumn 2, Table 2, but does not exceed the valuein Column 3, Table 2, the waste shall be assignedto Class C.

(5) If the concentration exceeds the value inColumn 3, the waste is not generally acceptablefor near-surface disposal.

(6) For wastes containing mixtures of the nu-clides listed in Table 2, the total concentrationshall be determined by the sum of fractions ruledescribed in subsection (g) of this regulation.

(e) Classification determined by both long- andshort-lived radionuclides. If radioactive wastescontains a mixture of radionuclides, some ofwhich are listed in Table 1, and some of which arelisted in Table 2, classification shall be determinedas follows:

(1) If the concentration of a nuclide listed inTable 1 is less than 0.1 times the value listed in


284

Table 1, the class shall be that determined by theconcentration of nuclides listed in Table 2.

(2) If the concentration of a nuclide listed inTable 1 exceeds 0.1 times the value listed in Table1, the waste shall be Class C, if the concentrationof nuclides listed in Table 2 does not exceed thevalue shown in Column 3 of Table 2.

(f) Classification of wastes with radionuclidesother than those listed in Tables 1 and 2. If radi-oactive waste does not contain any nuclides listedin either Table 1 or 2, it shall be assigned to ClassA.

(g) The sum of the fractions rule for mixturesof radionuclides. For determining the classifica-tion of waste that contains a mixture of radionu-clides, it is necessary to determine the sum of frac-tions by dividing each nuclide’s concentration bythe appropriate limit and adding the resulting val-ues. The appropriate limits shall all be taken fromthe same column of the same table. The sum ofthe fractions for the column shall be less than 1.0if the waste class is to be determined by thatcolumn.

(h) Determination of concentrations in wastes.The concentration of a radionuclide may be de-termined by indirect methods. Such methods mayinclude use of scaling factors which relate the in-ferred concentration of one radionuclide to an-other that is measured, or radionuclide materialaccountability, if there is reasonable assurancethat the indirect methods can be correlated withactual measurements. The concentration of a ra-dionuclide may be averaged over the volume ofthe waste, or weight of the waste if the units areexpressed as nanocuries per gram. (Authorized byand implementing K.S.A. 1984 Supp. 48-1607; ef-fective, T-86-37, Dec. 11, 1985; effective May 1,1986.)

28-35-223c. Waste characteristics. (a)The following requirements shall be theminimumrequirements for all classes of waste:

(1) Radioactive wastes shall be packaged inconformance with the conditions of the license is-sued to the site operator to which the waste willbe shipped. If the conditions of the site licenseare more restrictive than the provisions of theseregulations, the site license conditions shallgovern.

(2) Wastes shall not be packaged for disposalin cardboard or fiberboard boxes.

(3) Liquid waste shall be packaged in sufficient

absorbent material to absorb twice the volume ofthe liquid.

(4) Solid wastes containing liquid shall containas little free standing and non-corrosive liquid asis reasonably achievable, but in no case shall theliquid exceed 1% of the volume.

(5) Waste shall not be readily capable of det-onation or of explosive decomposition or reactionat normal temperatures and pressures, or of ex-plosive reaction with water.

(6) Waste shall not contain, or be capable ofgenerating, quantities of toxic gases, vapors, orfumes harmful to persons transporting, handling,or disposing of the waste. This requirement shallnot apply to radioactive gaseous waste packagedin accordance with paragraph (8) of thissubsection.

(7) Waste shall not be pyrophoric. Pyrophoricmaterials contained in wastes shall be treated, pre-pared, and packaged to be nonflammable.

(8) Wastes in a gaseous form shall be packagedat a pressure that does not exceed 1.5 atmos-pheres at 20 C. Total activity shall not exceed 100curies per container.

(9) Wastes containing hazardous, biological,pathogenic, or infectious material shall be treatedto reduce, to the maximum extent practicable, thepotential hazard from the non-radiologicalmaterials.

(b) The requirements in this section are in-tended to provide stability of the waste:

(1) Waste shall have structural stability. Astructurally stable waste form shall maintain itsphysical dimensions and its form, under the ex-pected disposal conditions. Such proposed con-ditions may include weight of overburden andcompaction equipment, the presence of moisture,and microbal activity, and internal factors, includ-ing radiation effects and chemical changes. Struc-tural stability may be provided by the waste formitself, by processing the waste to a stable form, orby placing the waste in a disposal container orstructure that provides stability after disposal.

(2) Notwithstanding the provisions of K.A.R.28-35-223c(a)(2) and (3), liquid wastes, or wastescontaining liquid, shall be converted into a formthat contains as little free-standing and noncor-rosive liquid as reasonably achievable. In no caseshall the liquid exceed 1% of the volume of thewaste when the waste is in a disposal containerdesigned to ensure stability, or 0.5% of the vol-ume of the waste for waste processed to a stableform.

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(3) Void spaces within the waste and betweenthe waste and its package shall be reduced to theextent practicable. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986.)

28-35-223d. Labeling. Each package ofwaste must be clearly labeled to identify whetherit is Class A waste, Class B waste, or Class C waste,in accordance with K.A.R 28-35-223b. (Author-ized by and implementing K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effectiveMay 1, 1986.)


28-35-224a. Disposal by release intosanitary sewage systems. (a) A licensee shall notdischarge radioactive material into a sanitary sew-age system unless the following requirements aremet:

(1) The radioactive material shall be readilysoluble or readily dispersible biological material,in water.

(2) The quantity of any radioactive material re-leased into the system by the licensee in anymonth shall not exceed the quantity that, if dilutedby the average monthly quantity of sewage re-leased into the sewer by the licensee, would resultin an average concentration no greater than thelimits specified in appendix B, table III, as pub-lished in ‘‘appendices to part 4: standards for pro-tection against radiation,’’ which is adopted by ref-erence in K.A.R. 28-35-135a.

(3) If more than one radionuclide is released,the following additional requirements shall besatisfied.

(A) The licensee or registrant shall determinethe fraction of the limit in appendix B, table III,as published in ‘‘appendices to part 4: standardsfor protection against radiation’’ and adopted inK.A.R. 28-35-135a, represented by dischargesinto sanitary sewerage by dividing the actualmonthly average concentration of each radionu-clide released by the licensee or registrant into thesewer by the concentration of that radionuclidelisted in appendix B, table III, as published in ‘‘ap-pendices to part 4: standards for protectionagainst radiation.’’

(B) The sum of the fractions for each radio-nuclide required by paragraph (a)(3)(A) shall notexceed one.

(4) The total quantity of licensed or registeredradioactive material that the licensee or registrantreleases into the sanitary sewerage in a year shallnot exceed 185 Gbq (5 Ci) of hydrogen-3, 37 Gbq(1 Ci) of carbon-14, and 37 Gbq (1 Ci) of all otherradioactive materials combined.

(b) A licensee shall not discharge radioactivematerial into an individual sewage disposal systemused for the treatment of waste water serving onlya single dwelling, office building, industrial plant,or institution except as specifically approved bythe secretary pursuant to K.A.R. 28-35-214a and28-35-223a(c).

(c) Excreta from individuals undergoing med-ical diagnosis or therapy with radioactive materialshall be exempt from any limitations contained inthis regulation. (Authorized by and implementingK.S.A. 48-1607; effective, T-85-43, Dec. 19, 1984;effective May 1, 1985; amended Sept. 20, 1993;amended Oct. 17, 1994; amended Dec. 30, 2005.)


28-35-225a. Disposal by burial in soil.A licensee shall not dispose of radioactive materialby burial in soil except as specifically approved bythe department pursuant to K.A.R. 28-35-223a(c). (Authorized by and implementing K.S.A. 1993Supp. 48-1607; effective, T-85-43, Dec. 19, 1984;effective May 1, 1985; amended Sept. 20, 1993;amended Oct. 17, 1994.)


28-35-226a. Disposal by incineration.Alicensee shall not incinerate radioactive materialfor the purpose of disposal or preparation for dis-posal, except as specifically approved by the de-partment pursuant to K.A.R. 28-35-223a(c). (Au-thorized by and implementing K.S.A. 1993 Supp.48-1607; effective, T-85-43, Dec. 19, 1984; effec-tive May 1, 1985; amended Sept. 20, 1993;amended Oct. 17, 1994.)


28-35-227a. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective, T-


286

85-43, Dec. 19, 1984; effective May 1, 1985; re-voked Oct. 17, 1994.)

28-35-227b. General provisions. (a)Each licensee or registrant shall use the SI unitsbecquerel, gray, sievert and coulomb per kilo-gram, or the special unit curie, rad, rem, androentgen, including multiples and subdivisions,and shall clearly indicate the units of all quantitieson records required by these regulations.

(b) Each licensee or registrant shall make aclear distinction among the quantities entered onthe records required by these regulations, includ-ing total effective dose equivalent, total organdose equivalent, shallow dose equivalent, eye doseequivalent, deep dose equivalent, or committedeffective dose equivalent. (Authorized by and im-plementing K.S.A. 1993 Supp. 48-1607; effectiveOct. 17, 1994.)

28-35-227c. Records of radiation pro-tection programs. (a) Each licensee or registrantshall maintain records of the radiation protectionprogram, including:

(1) the provisions of the program; and(2) audits and other reviews of program con-

tent and implementation.(b) The licensee or registrant shall retain the

records required by K.A.R. 28-35-227c(a)(1) untilthe department terminates each pertinent licenseor registration requiring the record. The licenseeor registrant shall retain the records required byK.A.R. 28-35-227c(a)(2) for three years after therecord is made. (Authorized by and implementingK.S.A. 1993 Supp. 48-1607; effective Oct. 17,1994.)

28-35-227d. Records of surveys. (a)Each licensee or registrant shall maintain recordsshowing the results of surveys and calibrations re-quired by K.A.R. 28-35-217b and K.A.R. 28-35-221a(b). Each licensee or registrant shall retaineach of these records for three years after the rec-ord is made.

(b) Each licensee or registrant shall retain eachof the following records until the secretary ter-minates each pertinent license or registration re-quiring the record:

(1) Records of the results of surveys to deter-mine the dose from external sources of radiationused, in the absence of or in combination withindividual monitoring data, in the assessment ofindividual dose equivalents;

(2) records of the results of measurements and

calculations used to determine individual intakesof radioactive material and used in the assessmentof internal dose;

(3) records showing the results of air sampling,surveys, and bioassays required pursuant toK.A.R. 28-35-212g; and

(4) records of the results of measurements andcalculations used to evaluate the release of radi-oactive effluents to the environment. (Authorizedby and implementing K.S.A. 48-1607; effectiveOct. 17, 1994; amended Dec. 30, 2005.)

28-35-227e. Records of tests for leak-age or contamination of sealed sources. A rec-ord of each test for leakage or contamination ofsealed sources shall be kept in units of becquerelor microcurie and maintained for inspection bythe department for five years after the record ismade. (Authorized by and implementing K.S.A.1993 Supp. 48-1607; effective Oct. 17, 1994.)

28-35-227f. Records of prior occupa-tional dose. Each licensee or registrant shall re-tain the records of prior occupational dose andexposure history as specified in K.A.R. 28-35-212eon a form approved by the department, until thedepartment terminates each pertinent license re-quiring this record. Each licensee or registrantshall retain each of the records used in preparingthis form for three years after the record is made.(Authorized by and implementing K.S.A. 48-1607;effective Oct. 17, 1994; amended Dec. 30, 2005.)

28-35-227g. Records of planned specialexposures. (a) For each use of the provisions ofK.A.R. 28-35-212f for planned special exposures,each licensee or registrant shall maintain recordsthat describe the following:

(1) The exceptional circumstances requiringthe use of a planned special exposure;

(2) the name of the management official whoauthorized the planned special exposure and acopy of the signed authorization;

(3) any actions that were necessary;(4) the reason why the actions were necessary;(5) the precautions that were taken to ensure

that doses were maintained ALARA;(6) the expected individual and collective

doses; and(7) the doses actually received in the planned

special exposure.(b) Each licensee or registrant shall retain the

records of a planned special exposure until thedepartment terminates each pertinent license or

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registration requiring these records. (Authorizedby and implementing K.S.A. 48-1607; effectiveOct. 17, 1994; amended Dec. 30, 2005.)

28-35-227h. Records of individualmonitoring results. (a) Each licensee or regis-trant shall maintain records of the doses receivedby all individuals for whom monitoring was re-quired pursuant to K.A.R. 28-35-217a and recordsof the doses received during planned special ex-posures, accidents, and emergency conditions. As-sessments of dose equivalent and records madeusing units in effect before January 1, 1994 shallnot be required to be changed. These recordsshall include the following, when applicable:

(1) The deep dose equivalent to the wholebody, eye dose equivalent, shallow dose equiva-lent to the skin, and shallow dose equivalent tothe extremities;

(2) the estimated intake of radionuclides;(3) the committed effective dose equivalent

assigned to the intake of radionuclides;(4) the specific information used to calculate

the committed effective dose equivalent pursuantto K.A.R. 28-35-212d(c);

(5) the total effective dose equivalent whenrequired by K.A.R. 28-35-212b; and

(6) the total of the deep dose equivalent andthe committed dose to the organ receiving thehighest total dose.

(b) Each licensee or registrant shall make en-tries of the records specified in subsection (a) atleast annually.

(c) Each licensee or registrant shall maintainthe records specified in subsection (a) either on aform approved by the department and in accord-ance with the instructions from the department orin clear and legible records containing all the in-formation required by the department-approvedform.

(d) Each licensee or registrant shall maintainthe records of dose to each embryo or fetus withthe records of dose to the declared pregnantwoman. The declaration of pregnancy, includingthe estimated date of delivery, shall also be kepton file, but may be maintained separately from thedose records.

(e) Each licensee or registrant shall retaineach required form or record until the depart-ment terminates each pertinent license or regis-tration requiring the record. (Authorized by andimplementing K.S.A. 48-1607; effective Oct. 17,1994; amended Dec. 30, 2005.)

28-35-227i. Records of dose to individ-ual members of the public. (a) Each licensee orregistrant shall maintain records sufficient todemonstrate compliance with the dose limit forindividual members of the public.

(b) The licensee or registrant shall retain therecords required by K.A.R. 28-35-227i(a) until thedepartment terminates each pertinent license orregistration requiring the record. (Authorized byand implementing K.S.A. 1993 Supp. 48-1607; ef-fective Oct. 17, 1994.)

28-35-227j. Records of waste disposal.(a) Each licensee or registrant shall maintain rec-ords of the disposal of licensed or registered ma-terials made pursuant to K.A.R. 28-35-223a, 28-35-223e, 28-35-224a, 28-35-225a, or 28-35-226a,and disposal by burial in soil, including burials au-thorized by these regulations before May 1, 1986.

(b) Each licensee or registrant shall retain therecords required by subsection (a) until the sec-retary terminates each pertinent license or regis-tration requiring the record. (Authorized by andimplementing K.S.A. 48-1607; effective Oct. 17,1994; amended Dec. 30, 2005.)

28-35-227k. Records of testing entrycontrol devices for very high radiation areas.(a) Each licensee or registrant shall maintain rec-ords of tests made pursuant to K.A.R. 28-35-219a(d)(3)(J) on entry control devices for veryhigh radiation areas. These records shall includethe date, time, and results of each test of function.

(b) The licensee or registrant shall retain therecords required by K.A.R. 28-35-227k(a) forthree years after the record is made. (Authorizedby and implementing K.S.A. 1993 Supp. 48-1607;effective Oct. 17, 1994.)

28-35-227l. Form of records. (a) Eachrecord required by these regulations shall be leg-ible throughout the specified retention period.

(1) The record shall be the original or a repro-duced copy or a microform, provided that thecopy or microform is authenticated by authorizedpersonnel and that the microform is capable ofproducing a clear copy throughout the requiredretention period.

(2) The record may be stored in electronic me-dia with the capability for producing legible, ac-curate, and complete records during the requiredretention period.

(b) Records, including documents, letters,drawings, and specifications, shall include all per-


288

tinent information, including any stamps, initials,and signatures.

(c) The licensee shall maintain adequate safe-guards against tampering with and loss of records.(Authorized by and implementing K.S.A. 1993Supp. 48-1607; effective Oct. 17, 1994.)


28-35-228a. Reports of theft or loss ofsources of radiation. (a) Each licensee or reg-istrant shall report by telephone, telegraph, elec-tronic mail, or facsimile to the department thetheft or loss of the following sources of radiationimmediately after the occurrence becomes knownto the licensee or registrant:

(1) Stolen, lost, or missing licensed or regis-tered radioactive material in an aggregate quantityequal to or greater than 1,000 times the quantityspecified in appendix C in ‘‘appendices to part 4:standards for protection against radiation,’’ asadopted by reference in K.A.R. 28-35-135a, if anexposure could result to individuals in unres-tricted areas; or

(2) a stolen, lost, or missing radiation machine.(b) The licensee or registrant shall also submit

a report, in writing, within 30 days after learningof stolen, lost, or missing sources of radiation de-scribed in paragraph (a)(1) or (2).

(c) The licensee or registrant shall submit a re-port, in writing, within 30 days after learning ofany stolen, lost, or missing licensed or registeredradioactive material in an aggregate quantitygreater than 10 times the quantity specified in ap-pendix C in ‘‘appendices to part 4: standards forprotection against radiation’’ that is still missing.

(d) Each licensee or registrant required tomake a report pursuant to this regulation shall,within 30 days after making the telephone, tele-graph, electronic mail, or facsimile report, submita written report to the department that providesall of the following information:

(1) A description of the licensed or registeredsource of radiation involved, including, for radio-active material, the kind, quantity, and chemicaland physical form and, for radiation machines, themanufacturer, model and serial numbers, and thetype and maximum energy of radiation emitted;

(2) a description of the circumstances underwhich the loss or theft occurred;

(3) a statement of the disposition, or probable

disposition, of the licensed or registered source ofradiation involved;

(4) for any exposure of an individual to radia-tion, the circumstances under which the exposureoccurred and the possible total effective doseequivalent to individuals in unrestricted areas;

(5) the actions that have been taken, or will betaken, to recover the source of radiation; and

(6) the procedures or measures that have been,or will be, adopted to ensure against a recurrenceof the loss or theft of licensed or registeredsources of radiation.

(e) After filing the written report, the licenseeor registrant shall also report to the department,within 30 days of the date on which the informa-tion becomes available, any substantive additionalinformation on the theft or loss that becomesavailable.

(f) Each licensee or registrant shall prepare anyreport filed with the department pursuant to thisregulation so that the names of individuals whocould have received exposure to radiation arestated in a separate and detachable portion of thereport. (Authorized by and implementing K.S.A.48-1607; effective, T-85-43, Dec. 19, 1984; effec-tive May 1, 1985; amended Sept. 20, 1993;amended Oct. 17, 1994; amended Dec. 30, 2005.)


28-35-229a. Notification of incidents.(a) Immediate notification. Each licensee or reg-istrant shall immediately notify the department bytelephone, telegraph, mailgram or facsimile of anyincident involving any source of radiation pos-sessed by the licensee or registrant which mayhave caused or threatens to cause:

(1) (A) a total effective dose equivalent to anyindividual of 25 rems (250 mSv) or more ofradiation;

(B) an eye dose equivalent to any individual of75 rems (.75 Sv) or more of radiation; or

(C) a shallow dose equivalent to the skin or ex-tremities or a total organ dose equivalent to anyindividual of 250 rad (2.5 Gy) or more of radiation;or

(2) the release of radioactive material, inside oroutside of a restricted area, so that, had an indi-vidual been present for 24 hours, the individualcould have received an intake five times the oc-cupational ALI. This provision does not apply to

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locations where personnel are not normally sta-tioned during routine operations, such as hot-cellsor process enclosures.

(b) Twenty-four hour notification. Each li-censee or registrant shall, within 24 hours of thediscovery of the event notify the department bytelephone, telegraph, mailgram or facsimile of anyincident involving any source of radiation pos-sessed by the licensee or registrant which mayhave caused or threatens to cause:

(1) (A) a total effective dose equivalent to anyindividual exceeding five rems (50 mSv);

(B) an eye dose equivalent exceeding 15 Rem(0.15 Sv); or

(C) a shallow dose equivalent to the skin or tothe extremities or a total organ dose equivalentexceeding 50 Rem (0.5 Sv); or

(2) the release of radioactive material, inside oroutside of a restricted area, so that, had an indi-vidual been present for 24 hours, the individualcould have received an intake in excess of one oc-cupational ALI. This provision shall not apply tolocations where personnel are not normally sta-tioned during routine operations, such as hot-cellsor process enclosures.

(c) Each report filed with the department pur-suant to this regulation shall be prepared in sucha manner that names of individuals who have re-ceived excessive doses are stated in a separate anddetachable portion of the report.

(d) The provision of K.A.R. 28-35-229a shallnot apply to doses that result from planned specialexposures, provided such doses are within limitsfor planned special exposures and are reportedpursuant to K.A.R. 28-35-230c. (Authorized byand implementing K.S.A. 1993 Supp. 48-1607; ef-fective, T-85-43, Dec. 19, 1984; effective May 1,1985; amended Sept. 20, 1993; amended Oct. 17,1994.)


28-35-230a. Reports of overexposuresand excessive levels and concentrations. (a) Inaddition to any notification required by K.A.R. 28-35-229a, each licensee or registrant shall submit areport to the department, in writing, within 30days of learning of any of the followingoccurrences:

(1) Each exposure of an individual to radiationin excess of the applicable standards in K.A.R. 28-

35-212a, K.A.R. 28-35-213a, K.A.R. 28-35-213b,K.A.R. 28-35-214a, or the license;

(2) each exposure of an individual to radioac-tive material in excess of the applicable limits inK.A.R. 28-35-212b (a)(1), K.A.R. 28-35-212b(a)(2), K.A.R. 28-35-213a, K.A.R. 28-35-213b, orK.A.R. 28-35-214a or in the license;

(3) each incident in which levels of radiation orconcentrations of radioactive material in a re-stricted area exceeded any other applicable limitin the license;

(4) any incident for which notification is re-quired by K.A.R. 28-35-229a; and

(5) each incident in which levels of radiation orconcentrations of radioactive material in an un-restricted area exceeded 10 times any applicablelimit set forth in this part or in the license,whether or not involving excessive exposure of anyindividual.

(6) For licensees subject to the provisions ofthe U.S. environmental protection agency’s gen-erally applicable environmental radiation stan-dards in 40 CFR part 190, levels of radiation orreleases of radioactive material in excess of thosestandards, or of license conditions related to thosestandards.

(b) Each report required under this regulationshall describe the extent of exposure of individualsto radiation or to radioactive material, includingthe following:

(1) The estimate of each individual’s dose;(2) the levels of radiation and concentrations of

radioactive material involved;(3) the cause of the exposure or excessive levels

or concentrations; and(4) the corrective steps taken or planned to en-

sure against a reoccurrence.(c) Each report filed with the department un-

der this regulation shall include for each individ-ual exposed the individual’s name, social securitynumber, and date of birth, and an estimate of theindividual’s dose. With respect to the limit for theembyro or fetus specified in K.A.R. 28-35-213b,the identifiers shall be those of the declared preg-nant woman. The report shall be prepared so thatthe identifier are stated in a separate and detach-able part of the report. (Authorized by and imple-menting K.S.A. 48-1607; effective, T-85-43, Dec.19, 1984; effective May 1, 1985; amended Sept.20, 1993; amended Oct. 17, 1994; amended Dec.30, 2005.)

28-35-230b. (Authorized by and imple-


290

menting K.S.A. 1993 Supp. 48-1607; effectiveSept. 20, 1993; amended Oct. 17, 1994; revokedDec. 30, 2005.)

28-35-230c. Reports of planned specialexposures. The licensee or registrant shall sub-mit a written report to the department within 30days following any planned special exposure con-ducted in accordance with K.A.R. 28-35-212f,which shall inform the department that a plannedspecial exposure was conducted, indicate the datethe planned special exposure occurred and con-tain the information required by K.A.R. 28-35-227g. (Authorized by and implementing K.S.A.1993 Supp. 48-1607; effective Oct. 17, 1994.)

28-35-230d. Reports of individual mon-itoring. (a) This regulation shall apply to each li-censee or registrant whose license or registrationauthorizes the following:(1) Possession or use of sources of radiation for

purposes of industrial radiography pursuant topart 3 and part 9 of these regulations;(2) receipt of radioactive waste from other per-

sons for disposal pursuant to part 3 and part 6 ofthese regulations; or(3) possession or use of sources of radiation, at

any time, for processing or manufacturing for dis-tribution, pursuant to K.A.R. 28-35-180 or K.A.R.28-35-261 through K.A.R. 28-35-263 of these reg-ulations, radioactive material in quantities exceed-ing any one of the following quantities:

Radionuclide ActivityCi GBq

Cesium-137 1 37Cobalt-60 1 37Gold-198 100 3,700Iodine-131 1 37Iridium-192 10 370Krypton-85 1,000 37,000Promethium-147 10 370Technetium-99m 1,000 37,000

(b) Reports from licensees or registrants whoare licensed or registered to use radionuclides notlisted on the table in paragraph (a)(3) of this reg-ulation may be required by the secretary as a li-cense condition, by regulation, or by an order pur-suant to this regulation, if the radionuclides areused in quantities sufficient to cause comparableradiation levels.(c) Each licensee or registrant in a category

listed in this regulation shall submit an annual re-

port of the results of individual monitoring con-ducted by the licensee or registrant for each in-dividual for whom monitoring was required byK.A.R. 28-35-217a during that year.(1) The licensee or registrant may include ad-

ditional data for individuals for whom monitoringwas provided but not required.(2) The licensee or registrant shall use a form

approved by the department or an electronic me-dium containing all the information required bythe approved form.(d) The licensee or registrant shall file the re-

port required by this regulation, covering the pre-ceding year, on or before April 30 of each year.The licensee or registrant shall submit the reportto the department. (Authorized by and imple-menting K.S.A. 48-1607; effective Oct. 17, 1994;amended Dec. 30, 2005.)

28-35-230e. Notifications and reportsto individuals. (a) When a licensee or registrantis required pursuant to K.A.R. 28-35-230a to re-port to the department any exposure of an indi-vidual to radiation or radioactive material, the li-censee or registrant shall also notify the individual.(b) Notice to the individual shall be transmit-

ted at a time not later than the transmittal to thedepartment, and shall comply with the provisionsof K.A.R. 28-35-334 of these regulations. (Au-thorized by and implementing K.S.A. 1993 Supp.48-1607; effective Oct. 17, 1994.)

28-35-230f. Reports of leaking or con-taminated sealed sources. If a test for leakageor contamination pursuant to K.A.R. 28-35-216aindicates a sealed source is leaking or contami-nated, a report of the test shall be filed within fivedays with the department describing the equip-ment involved, the test results and the correctiveaction taken. (Authorized by and implementingK.S.A. 1993 Supp. 48-1607; effective Oct. 17,1994.)

28-35-230g. Reports of transactions in-volving nationally tracked sources. (a) Eachlicensee who manufactures a nationally trackedsource shall submit a report on each nationallytracked source containing the followinginformation:(1) The name, address, and license number of

the reporting licensee;(2) the name of the individual preparing the

report;

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(3) the manufacturer, the model, and the serialnumber of the source;

(4) the radioactive material in the source;(5) the initial source strength in becquerels or

curies at the time of manufacture; and(6) the manufacture date of the source.(b) Each licensee that transfers a nationally

tracked source to another person shall submit areport on each nationally tracked source contain-ing the following information:

(1) The name, address, and license number ofthe reporting licensee;

(2) the name of the individual preparing thereport;

(3) the name and license number of the recip-ient facility and the shipping address;

(4) the manufacturer, the model, and the serialnumber of the source or, if not available, otherinformation to uniquely identify the source;

(5) the radioactive material in the source;(6) the initial or current source strength, in bec-

querels or curies;(7) the date for which the source strength is

reported;(8) the shipping date;(9) the estimated arrival date; and(10) for nationally tracked sources transferred

as waste under a uniform low-level radioactivewaste manifest, the waste manifest number andthe container identification.

(c) Each licensee that receives a nationallytracked source shall submit a report on each na-tionally tracked source containing the followinginformation:



(3) the name, address, and license number ofthe person that provided the source;




reported;(8) the date of receipt; and(9) for material received under a uniform low-

level radioactive waste manifest, the waste mani-fest number and the container identification.

(d) Each licensee that disassembles a nationally

tracked source shall submit a report on each na-tionally tracked source containing the followinginformation:






reported; and(7) the date on which the source was

disassembled.(e) Each licensee who disposes of a nationally

tracked source shall submit a report on each na-tionally tracked source containing the followinginformation:



(3) the waste manifest number;(4) the container identification;(5) the date of disposal; and(6) the method of disposal.(f) The reports required in subsections (a)

through (e) shall be submitted by the close of thenext business day after the transaction. A singlereport may be submitted for multiple sources andtransactions. The reports shall be submitted to thenuclear regulatory commission’s national sourcetracking system by one of the following means:

(1) The nuclear regulatory commission’s on-linenational source tracking system;

(2) electronic transmission, using a computer-readable format;

(3) facsimile;(4) mail, sent to the address specified on the

nuclear regulatory commission’s national sourcetracking transaction report form; or

(5) telephone, with follow-up by facsimile ormail.

(g) Each licensee shall correct any error in pre-viously filed reports or file a new report for anymissed transaction within five business days of thediscovery of the error or missed transaction.These errors can be detected by methods that mayinclude administrative reviews or physical inven-tories required by these regulations.


292

(h) Each licensee shall reconcile the inventoryof nationally tracked sources possessed by the li-censee against that licensee’s data in the nationalsource tracking system. The reconciliation shall beconducted during the month of January in eachyear. The reconciliation process shall include re-solving any discrepancies between the nationalsource tracking system and the actual inventoryby filing the reports required by subsections (a)through (e). Each licensee shall submit, to the na-tional source tracking system, confirmation thatthe data in the national source tracking system iscorrect. This confirmation shall be submitted onor before January 31 of each year.

(i) Each licensee that possesses category 1 na-tionally tracked sources shall report its initial in-ventory of category 1 nationally tracked sources tothe national source tracking system on or beforeNovember 15, 2007. Each licensee that possessescategory 2 nationally tracked sources shall reportits initial inventory of category 2 nationally trackedsources to the national source tracking system onor before November 30, 2007. The informationmay be submitted by using any of the methodsspecified in subsection (f). The initial inventoryreport shall include the following information:



(3) the manufacturer, model, and serial numberof each nationally tracked source or, if not avail-able, other information to uniquely identify thesource;

(4) the radioactive material in the sealed source;(5) the initial or current source strength in bec-

querels or curies; and(6) the date for which the source strength is

reported.(j) Compliance with the reporting requirements

of this regulation shall be required on or beforeNovember 15, 2007 for category 1 sources and onor before November 30, 2007 for category 2sources. (Authorized by and implementing K.S.A.48-1607; effective July 27, 2007.)


28-35-231a. Vacating installations. (a)Notification. Each licensee, before vacating anyinstallation that could have been contaminated byradioactive material as a result of the licensee’s

activities, shall notify the department in writing ofthe intent to vacate, at least 30 days before vacat-ing. Any licensee may be required by the secretaryto decontaminate, or have decontaminated, theinstallation to a degree consistent with subsequentuse as an uncontrolled area.

(b) Decommissioning timeliness.(1) Each licensee in possession of a nonexempt

source of radiation who decides to terminate allactivities involving that source of radiation shallnotify the department immediately, in writing.

(2) Each licensee responsible for a facility orsite that includes a nonexempt source of radiationor that could be contaminated by residual radio-activity shall notify the department, in writing, ofthe intent to vacate, at least 30 days before vacat-ing or relinquishing possession or control of thefacility or site.

(3) Each licensee shall notify the department,in writing, within 60 days of the occurrence of anyof the following:

(A) The licensee has decided to permanentlycease principal operations at the entire site or inany separate building or outdoor area with resid-ual radioactivity that renders the building or out-door area unsuitable for uncontrolled use in ac-cordance with these regulations.

(B) No principal operations under the licensehave been conducted during the previous 24months.

(C) No principal operations have been con-ducted during the previous 24 months in any sep-arate building or outdoor area with residual radi-oactivity that renders the building or outdoor areaunsuitable for uncontrolled use in accordancewith these regulations.

(4) From the date of notification of the de-partment as required in subsections (a) and (b) ofthis regulation, the licensee shall perform eitherone of the following:

(A) Begin decommissioning activities; or(B) within 12 months of notification, submit a

decommissioning plan, if required by K.A.R. 28-35-204, and begin decommissioning upon the ap-proval of that plan.

(5) Coincident with the notification of the de-partment required in subsections (a) and (b) ofthis regulation, the licensee shall maintain in ef-fect all decommissioning financial assurances es-tablished by the licensee in conjunction with a li-cense issuance or renewal or as required by thispart. The amount of the financial assurance shallbe increased, or may be decreased, in order to

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cover the detailed cost estimate for decommis-sioning, as specified in K.A.R. 28-35-204.

(6) An alternate schedule may be approved bythe secretary for the submission of plans and forthe completion of decommissioning required bythis regulation if the secretary determines thatboth of the following conditions are met:

(A) An alternative schedule is necessary to ef-fectively conduct decommissioning.

(B) An alternative schedule either presents noundue risks to public health and safety or is oth-erwise in the public interest.

The schedule for decommissioning shall notcommence until the secretary has made a deter-mination on the request. (Authorized by and im-plementing K.S.A. 48-1607; effective, T-85-43,Dec. 19, 1984; effective May 1, 1985; amendedDec. 30, 2005.)

28-35-231b. (Authorized by and imple-menting K.S.A. 1993 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986;amended Sept. 20, 1993; amended Oct. 17, 1994;revoked Dec. 30, 2005.)

28-35-231c. Transfer for disposal; man-ifests. The provisions of 10 CFR 20.2006 as ineffect on September 21, 1998, including appendixG to 10 CFR part 20 as in effect on October 10,2003, are hereby adopted by reference. (Author-ized by and implementing K.S.A. 48-1607; effec-tive Dec. 30, 2005.)


28-35-232a. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective, T-85-43, Dec. 19, 1984; effective May 1, 1985; re-voked Oct. 17, 1994.)





28-35-235 to 28-35-240. Reserved.

PART 5.—USE OF X-RAYS IN THEHEALING ARTS

28-35-241. Applicability. This part shallestablish requirements for the diagnostic use ofX-rays in medicine, dentistry, osteopathy, chiro-practic, podiatry, and veterinary medicine. Theprovisions of this part shall be in addition to, andnot in substitution for, the other applicable pro-visions of these regulations. (Authorized by andimplementing K.S.A. 48-1607; effective Jan. 1,1970; amended Dec. 30, 2005.)

28-35-242. General requirements. (a)Waiver of requirements. Compliance with thespecific requirements of these regulations relativeto an existing machine or installation may bewaived by the secretary if the registrant providesan alternative to the requirement that providesradiation protection equal to that prescribed inpart 4 of these regulations.

(b) Responsibility to meet requirements. A per-son shall not make, sell, lease, transfer, lend, orinstall X-ray or fluoroscopic equipment, or thesupplies used in connection with this equipment,unless both of the following conditions are met:

(1) Those supplies and equipment, when prop-erly placed in operation and properly used, willmeet the requirements of parts 1, 4, and 5, andthe applicable regulations under parts 7, 8, and 10of these regulations.

(2) The person delivers, if applicable, cones orcollimators, filters, appropriate timers, and fluor-oscopic shutters.

(c) Limitations on human use. An individualshall not be exposed to the useful beam, unlessthe exposure is for healing arts purposes and eachexposure has been authorized by a licensed prac-titioner of the healing arts, or by an individual li-censed to practice dentistry or podiatry within theauthority granted to the individual by Kansas li-censing laws applying to dentists and podiatrists.Deliberate exposure for the following purposesshall be specifically prohibited under thissubsection:

(1) Exposure of an individual for patient posi-tioning, training, demonstration, or other pur-


294

poses, unless a healing arts purpose exists and aproper prescription has been provided; and(2) exposure of an individual for the purpose of

healing arts screening without the prior writtenapproval of the department, except mammogra-phy screening, if the facility is certified to performmammography by the food and drug administra-tion. Each person requesting approval for healingarts screening shall submit the information out-lined in K.A.R. 28-35-255. Each person request-ing approval for a healing arts screening shall im-mediately notify the department if any of theinformation submitted becomes invalid or out-dated. (Authorized by and implementing K.S.A.48-1607; effective Jan. 1, 1970; amended Jan. 1,1972; amended May 1, 1976; amended Sept. 20,1993; amended Dec. 30, 2005.)

28-35-242a. Administrative require-ments. (a) Radiation safety requirements. Eachregistrant shall be responsible for directing theoperation of each X-ray system under the regis-trant’s administrative control. The registrant orthe registrant’s agent shall ensure that therequirements of this part, which shall include thefollowing requirements, are met.(1) An X-ray system not meeting the provisions

of these regulations shall not be operated for di-agnostic purposes.(2) Each individual who operates any X-ray sys-

tem shall be instructed in the safe operating pro-cedures and shall be competent in the safe use ofthe equipment. This instruction shall include therelevant topics specified in K.A.R. 28-35-256. Anycombination of interview, observation, and testingmay be used by the secretary to determine com-pliance. Each individual that operates an X-raysystem shall be licensed if required by the boardof healing arts.(3) A chart shall be made available to the op-

erator of each diagnostic X-ray system that spec-ifies, for each examination performed with thesystem, the following information:(A) The technique factors to be utilized, taking

into account the patient’s body part and anatom-ical size, body part thickness, and age;(B) the type and size of the film or film-screen

combination to be used;(C) the type and focal distance of the grid to be

used, if any;(D) the source-image receptor distance to be

used, except for dental intraoral radiography; and

(E) the type and placement of patient shieldingto be used.(4) The registrant of a facility shall create and

make available to all X-ray operators written safetyprocedures, including patient holding proceduresand any restrictions on the operating techniquesrequired for the safe operation of the particularX-ray system. The registrant shall ensure that theoperator demonstrates familiarity with theseprocedures.(5) Except for patients who cannot be moved

out of the room, only the staff, ancillary personnel,and any other individuals required for the medicalprocedure or training shall be in the room duringthe radiographic exposure. All of the followingrequirements shall be met for each individualother than the patient being examined:(A) Each individual shall be positioned so that

no part of the body will be struck by the usefulbeam unless the body part is protected by not lessthan 0.5 millimeter of lead-equivalent material.(B) The X-ray operator, other staff, ancillary

personnel, and all other individuals required forthe medical procedure shall be protected from thedirect scattered radiation by protective aprons orwhole-body protective barriers of not less than0.25 millimeter of lead-equivalent material.(C) All human patients who cannot be removed

from the room shall be protected from the directscattered radiation by whole-body protective bar-riers of not less than 0.25 millimeter of lead-equiv-alent material or shall be positioned so that thenearest portion of the body is at least two metersfrom both the tube head and the nearest edge ofthe image receptor.(6) Gonad shielding of not less than 0.5 milli-

meter of lead-equivalent material shall be usedduring radiographic procedures in which the go-nads are in the useful beam for all human patientswho have not passed the reproductive age, exceptfor cases in which this shielding would interferewith the diagnostic procedure.(7) If a patient or film requires auxiliary support

during a radiation exposure, all of the followingsafety requirements shall be met:(A) Mechanical holding devices shall be used

when the technique permits the use of these de-vices. The written safety procedures required bythis regulation shall list the individual techniquesfor which holding devices cannot be utilized.(B) The written safety procedures required by

this regulation shall indicate the requirements for

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selecting a human holder and the procedure thatthe holder shall follow.

(C) The human holder shall be instructed inpersonal radiation safety and shall be protected inaccordance with these regulations.

(D) No individual shall be used routinely tohold film or patients.

(E) If the patient holds the film, each portionof the body other than the area of clinical intereststruck by the useful beam shall be protected bynot less than 0.5 millimeter of lead-equivalent ma-terial, except during intraoral examinations.

(F) Each facility shall have a sufficient numberof leaded aprons and gloves available to provideprotection to all personnel who are involved withX-ray operations and who are otherwise notshielded.

(8) The procedures and auxiliary equipment de-signed to minimize patient and personnel expo-sure shall be commensurate with the needed di-agnostic information and shall be utilizedaccording to all of the following requirements:

(A) The speed of the screen and film combi-nations used shall be the fastest speed that is con-sistent with the diagnostic objective of the exam-inations. Film cassettes without intensifyingscreens shall not be used for any routine diagnos-tic imaging, with the exception of veterinary ra-diography and standard film packets for intraoraluse in dental radiography.

(B) The radiation exposure to the patient shallbe the minimum exposure required to produceimages of good diagnostic quality.

(C) Portable or mobile X-ray equipment shallbe used only for examinations during which trans-ferring the patient or patients to a stationary X-ray installation is impractical.

(D) X-ray systems other than fluoroscopic den-tal intraoral systems and computed tomographyX-ray systems shall not be utilized in any proce-dure in which the source-to-patient distance isless than 30 centimeters, unless specifically ap-proved by the FDA. Veterinary systems shall notbe subject to this limitation.

(E) If grids are used between the patient andthe image receptor to decrease the amount ofscattered radiation to the film and improve con-trast, the grid shall be as follows:

(i) Positioned properly, including the tube sidefacing the right direction, with the grid centeredto the central ray; and

(ii) if of the focused type, positioned at theproper focal distance for the SIDs being used.

(9) Each individual who is associated with theoperation of an X-ray system shall be subject tothe requirements of part 4 of these regulations.

(b) Records. Each registrant shall maintain thefollowing minimum information for each X-raysystem, for inspection by the department:

(1) The maximum rating of technique factors;(2) the model and serial numbers of all certifi-

able components;(3) the aluminum-equivalent filtration of the

useful beam, including any routine variation;(4) tube rating charts and cooling curves;(5) records of surveys, calibrations, mainte-

nance, and modifications performed on the X-raysystem after the effective date of this regulation,with the name of each person who performedthese services;

(6) a scale drawing of the room in which a sta-tionary X-ray system is located, indicating the useof areas adjacent to the room and an estimationof the extent of occupancy by any individuals inthese areas. In addition, the drawing shall includeone of the following:

(A) The results of a survey for radiation levelspresent at the operator’s position and at pertinentpoints outside the room at specified test condi-tions; or

(B) the type of thickness of materials, or leadequivalency, of each system; and

(7) a copy of all correspondence with the de-partment regarding that X-ray system.

(c) X-ray utilization log. Except for veterinaryfacilities, each registrant shall maintain an X-raylog containing each patient’s identifier, the typeof each examination, and the date on which eachexamination was performed. When the patient orfilm is provided with human auxiliary support, thename of the human holder shall be recorded.

(d) X-ray film-processing facilities and practice.(1) Each facility using a radiographic X-ray sys-

tem and analog image receptors shall have avail-able suitable equipment for handling and proc-essing radiographic film in accordance with all ofthe following requirements:

(A) Each manual film-developing system shallmeet all of the following requirements:

(i) The processing tanks shall be constructed ofmechanically rigid, corrosion-resistant material.

(ii) The temperature of the solutions in thetanks shall be maintained within the range of 60 Fto 80 F. All film shall be developed in accordancewith the time-temperature relationships recom-mended by the film manufacturer or, in the ab-


296

sence of these recommendations, with the follow-ing time-temperature chart:

Time-Temperature Chart

ThermometerReading

(Degrees)

MinimumDeveloping Time

(Minutes) C F

26.7 80 226.1 79 225.6 78 21⁄225.0 77 21⁄224.4 76 323.9 75 323.3 74 31⁄222.8 73 31⁄222.2 72 421.7 71 421.1 70 41⁄220.6 69 41⁄220.0 68 519.4 67 51⁄218.9 66 51⁄218.3 65 617.8 64 61⁄217.2 63 716.7 62 816.1 61 81⁄215.6 60 91⁄2

(iii) Devices shall be utilized that indicate theactual temperature of the developer and signal thepassage of a preset time appropriate to the devel-oping time required.

(B) Each automatic processor and any otherclosed processing system shall meet all of the fol-lowing requirements:

(i) All film shall be developed in accordancewith the time-temperature relationships recom-mended by the film manufacturer. In the absenceof these recommendations, the film shall be de-veloped using the following chart:

DeveloperTemperature

MinimumImmersion Timea

C F Seconds

35.5 96 1935 95 20

34.5 94 2134 93 22

33.5 92 2333 91 2432 90 25

31.5 89 26

DeveloperTemperature

MinimumImmersion Timea

31 88 2730.5 87 2830 86 29

29.5 85 30a Reflects immersion time only, with no crossover timeincluded.

(ii) The specified developer temperature andimmersion time shall be posted in the darkroomor on the automatic processor.

(C) Each deviation from any requirementsspecified in paragraph (e)(1) shall be documentedby the registrant in such a manner that therequirements are shown to be met or exceeded.

(2) In addition to the requirements specified inparagraph (e)(1), all of the following requirementsshall be met:

(A) Pass boxes, if provided, shall be constructedto exclude light from the darkroom when cassettesare placed in or removed from the boxes and shallincorporate shielding from stray radiation to pre-vent any exposure of undeveloped film.

(B) The darkroom shall be lighttight and shalluse safe lighting so that any film type exposed ina cassette to X-radiation sufficient to produce anoptical density measuring from one to two whenprocessed does not exhibit an increase in densitygreater than 0.1 when exposed in the darkroomfor two minutes with all safe lights on. If daylightfilm-handling boxes are used, these boxes shallprevent any fogging of the film.

(C) Each darkroom typically used by more thanone individual shall be equipped with a methodto prevent accidental entry while undevelopedfilm is handled or processed.

(D) All film shall be stored in a cool, dry placeand shall be protected from exposure to stray ra-diation. Film in open packages shall be stored ina lighttight container.

(E) All film cassettes and intensifying screensshall be inspected periodically and shall becleaned or replaced as necessary to ensure radi-ographs of good diagnostic quality.

(F) Outdated X-ray film shall not be used fordiagnostic radiographs, unless the film has beenstored in accordance with the manufacturer’s rec-ommendations and a sample of the film passes asensitometric test for the normal range of the baseoptical density plus fogging for the film speed.

(G) All film-developing solutions shall be main-tained in strength by replenishment or renewal so

28-35-242bRADIATION

297

that full development is accomplished within thetime frame specified by the manufacturer. (Au-thorized by and implementing K.S.A. 48-1607; ef-fective Dec. 30, 2005.)

28-35-242b. General requirements forall diagnostic X-ray systems. In addition tomeeting the other requirements of this part, eachdiagnostic X-ray system shall meet the followingrequirements:

(a) Warning label. The control panel containingthe main power switch shall bear this or an equiv-alent warning statement, which shall be legibleand accessible to view: ‘‘WARNING: This X-rayunit could be dangerous to patient and operatorunless safe exposure factors and operating instruc-tions are observed.’’

(b) Battery charge indicator. On each battery-powered X-ray generator, a visual means shall beprovided on the control panel to indicate whetherthe battery is in a state of charge for properoperation.

(c) Leakage radiation from the diagnosticsource assembly. The leakage radiation from thediagnostic source assembly measured at a distanceof one meter in any direction from the source shallnot exceed 25.8 C/kg (100 milliroentgens) in onehour when the X-ray tube is operated at the leak-age technique factors specified by the manfac-turer. Compliance shall be determined by meas-uring the leakage radiation averaged over an areaof 100 square centimeters, with no linear dimen-sion greater than 20 centimeters.

(d) Radiation from components other than thediagnostic source assembly. The radiation emittedby a component other than the diagnostic sourceassembly shall not exceed 0.5 C/kg (2 milliroent-gens) in one hour at five centimeters from an ac-cessible surface of the component in an assembledX-ray system operated under any design condi-tions. Compliance shall be determined by meas-uring the radiation averaged over an area of 100square centimeters, with no linear dimensiongreater than 20 centimeters.

(e) Beam quality.(1) Half-value layer.(A) The half-value layer of a given X-ray tube

potential shall not be less than the values shownin table I in this paragraph. Linear interpolationand extrapolation may be used if necessary to de-termine the half-value layer at an X-ray tube po-tential that is not listed in table I.

Table I

Operatingrange(kilovoltspeak)

Measuredpotential(kilovoltspeak)

Half-valuelayer(millimetersof aluminum)

Below 50 30 0.340 0.449 0.5

50 through 70 50 1.260 1.370 1.5

Above 70 71 2.180 2.390 2.5100 2.7110 3.0120 3.2130 3.5140 3.8150 4.1

(B) For capacitor energy storage equipment,compliance shall be determined with the systemfully charged and set at 10 mAs for each exposure.

(C) The required minimal half-value layer ofthe useful beam shall include the filtration con-tributed by all materials that are permanently lo-cated between the source and the patient.

(2) Filtration controls. For each X-ray systemthat has variable kVp and variable filtration for theuseful beam, a device shall link the kVp selectorwith the filter or filters and shall prevent an ex-posure, unless the minimum amount of filtrationnecessary to produce the required HVL is in theuseful beam for the given kVp that has beenselected.

(f) Multiple tubes. If two or more radiographictubes are controlled by one exposure switch, eachtube that has been selected shall be clearly indi-cated before initiation of the exposure. This in-dication shall be both on the X-ray control paneland at or near the tube housing assembly that hasbeen selected.

(g) Mechanical support of the tube head. Thetube housing assembly supports shall be adjustedso that the tube housing assembly remains stableduring each exposure, unless tube housing move-ment is a designed function of the X-ray system.

(h) Technique indicators.(1) The technique factors to be used during

each exposure shall be indicated before the ex-posure begins. If automatic exposure controls are


298

used, the technique factors that are set before theexposure shall be indicated.(2) The requirements of paragraph (h)(1) may

be met by permanent marking on equipment thathas fixed technique factors. The indication oftechnique factors shall be visible from the oper-ator’s position, except in the case of spot filmsmade by the fluoroscopist.(i) Maintaining compliance. All diagnostic X-ray

systems and their associated components used onhumans and certified pursuant to the federal X-ray equipment performance standard in 21 CFRpart 1020 shall be maintained in compliance withthe applicable requirements of that standard.(j) Locks. All position-locking, holding, and cen-

tering devices that are on X-ray system compo-nents and systems shall function as intended andshall be maintained according to each manufac-turer’s recommendations. (Authorized by and im-plementing K.S.A. 48-1607; effective Dec. 30,2005.)

28-35-243. (Authorized by K.S.A. 1975Supp. 48-1607; effective Jan. 1, 1970; amendedJan. 1, 1972; amended May 1, 1976; revoked Dec.30, 2005.)

28-35-243a. Fluoroscopic X-ray sys-tems. Each fluoroscopic X-ray system used shallbe image-intensified and shall meet the followingrequirements:(a) Limitation of useful beam.(1) Primary barrier.(A) The fluoroscopic imaging assembly shall be

provided with a primary protective barrier that in-tercepts the entire cross section of the usefulbeam at any SID.(B) The X-ray tube used for fluoroscopy shall

not produce X-rays unless the barrier is in positionto intercept the entire useful beam.(2) Fluoroscopic beam limitation.(A) For certified fluoroscopic systems with or

without a spot film device, neither the length northe width of the X-ray field in the plane of theimage receptor shall exceed that of the visible areaof the image receptor by more than three percentof the SID. The sum of the excess length and theexcess width shall be no greater than four percentof the SID.(B) For uncertified fluoroscopic systems with a

spot film device, the X-ray beam with the shuttersfully opened during fluoroscopy or spot filmingshall be no larger than the largest spot-film sizefor which the device is designed. Measurements

shall be made at the minimum SID available butat a distance of not less than 20 centimeters fromthe tabletop to the film plane.(C) For uncertified fluoroscopic systems with-

out a spot film device, the requirements of thisregulation shall apply.(D) Other requirements for fluoroscopic beam

limitation shall include the following:(i) A means shall be provided to permit further

limitation of the field. Beam-limiting devicesman-ufactured after May 22, 1979 and incorporated inequipment with a variable SID or a visible area ofgreater than 300 square centimeters, or both, shallbe provided with a means for stepless adjustmentof the X-ray field.(ii) All equipment with a fixed SID and a visible

area of 300 square centimeters or less shall beprovided either with stepless adjustment of the X-ray field or with a means to further limit the X-ray field size, at the plane of the image receptor,to 125 square centimeters or less.(iii) If provided, stepless adjustment shall, at the

greatest SID, provide continuous field sizes fromthe maximum attainable to a field size of five cen-timeters by five centimeters or less.(iv) For equipment manufactured after Feb-

ruary 25, 1978, if the angle between the imagereceptor and beam axis is variable, a means shallbe provided to indicate when the axis of the X-raybeam is perpendicular to the plane of the imagereceptor.(v) For noncircular X-ray fields used with cir-

cular image receptors, the error in alignment shallbe determined along the length and width dimen-sions of the X-ray field that pass through the cen-ter of the visible area of the image receptor.(3) Spot-film beam limitation. Each spot-film

device shall meet the following requirements:(A) A means shall be provided between the

source and the patient for adjustment of the X-ray field size in the plane of the film, to the sizeof that portion of the film that has been selectedon the spot film selector. This adjustment shall beautomatically accomplished except when the X-ray field size in the plane of the film is smallerthan that of the selected portion of the film. Forspot-film devices manufactured after June 21,1979, if the X-ray field size is less than the size ofthe selected portion of the film, the means foradjustment of the field size shall be only at theoperator’s option.(B) Neither the length nor the width of the X-

ray field in the plane of the image receptor shall

28-35-243aRADIATION

299

differ from the corresponding dimensions of theselected portion of the image receptor by morethan three percent of the SID when adjusted forfull coverage of the selected portion of the imagereceptor. The sum of the length and width differ-ences, without regard to sign, shall not exceedfour percent of the SID.(C) It shall be possible to adjust the X-ray field

size in the plane of the film to a size smaller thanthe selected portion of the film. The minimumfield size at the greatest SID shall be equal to orless than five centimeters by five centimeters.(D) The center of the X-ray field in the plane

of the film shall be aligned with the center of theselected portion of the film to within two percentof the SID.(E) For spot-film devices manufactured after

February 25, 1978, if the angle between the planeof the image receptor and beam axis is variable, ameans shall be provided to indicate when the axisof the X-ray beam is perpendicular to the planeof the image receptor, and compliance shall bedetermined with the beam axis indicated to beperpendicular to the plane of the image receptor.(4) Override. Eachmethod used to override any

of the automatic X-ray field size adjustments re-quired in paragraphs (a)(2) and (3) shall meet thefollowing requirements:(A) Be designed for use only if system failure

occurs;(B) incorporate a signal visible at the fluoros-

copist’s position that indicates whenever the au-tomatic field size adjustment is overridden; and(C) be clearly and durably labeled with the fol-

lowing, or equivalent wording:

FOR X-RAY FIELDLIMITATION SYSTEM FAILURE

(b) Activation of the fluoroscopic tube. All X-ray production in the fluoroscopic mode shall becontrolled by a device that requires continuousmanual activation by the fluoroscopist during theentire time of any exposure. When recording se-rial fluoroscopic images, the fluoroscopist shall beable to terminate the X-ray exposure or exposuresat any time, but a means may be provided to per-mit completion of any single exposure of the seriesin process.(c) Exposure rate limits.(1) Allowable limits for the entrance exposure

rate.(A) Fluoroscopic equipment that is provided

with an automatic exposure rate control shall not

be operable at any combination of tube potentialand current that will result in an exposure rate inexcess of 2.6 mC/kg (10 roentgens) per minute atthe point where the center of the useful beamenters the patient, except under either of the fol-lowing conditions:(i) When fluoroscopic images are being re-

corded; or(ii) when an optional high-level control is pro-

vided. When provided, the X-ray system shall notbe operable at any combination of tube potentialand current that will result in an exposure rate inexcess of 1.3 mC/kg (5 roentgens) per minute atthe point where the center of the useful beamenters the patient, unless the high-level control isactivated. A special means of activation of high-level controls shall be required. The high-levelcontrol shall be operable only when continuousmanual activation is provided by the operator. Acontinuous signal audible to the fluoroscopist shallindicate that the high-level control is beingemployed.(B) Fluoroscopic equipment that is not pro-

vided with an automatic exposure rate controlshall not be operable at any combination of tubepotential and current that will result in an expo-sure rate in excess of 1.3 mC/kg (5 roentgens) perminute at the point where the center of the usefulbeam enters the patient, except during either ofthe following:(i) When fluoroscopic images are being re-

corded; or(ii) when an optional high-level control is acti-

vated. A special means of activation of the high-level control shall be required. The high-levelcontrol shall be operable only when continuousmanual activation is provided by the operator. Acontinuous signal audible to the fluoroscopist shallindicate that the high-level control is beingemployed.(C) Fluoroscopic equipment that is provided

with both an automatic exposure rate controlmode and a manual mode shall not be operableat any combination of tube potential and currentthat will result in an exposure rate in excess of 2.6mC/kg (10 roentgens) per minute in either modeat the point where the center of the useful beamenters the patient, except under either of the fol-lowing conditions:(i) When fluoroscopic images are being re-

corded; or(ii) when the mode or modes have an optional

high-level control. The mode or modes shall not


300

be operable at any combination of tube potentialand current that will result in an exposure rate inexcess of 1.3 mC/kg (5 roentgens) per minute atthe point where the center of the useful beamenters the patient, unless the high-level control isactivated. A special means of activating of thehigh-level control shall be required. The high-level control shall be operable only when contin-uous manual activation is provided by the opera-tor. A continuous signal audible to thefluoroscopist shall indicate that the high-level con-trol is being employed.(D) Fluoroscopic equipment manufactured af-

ter May 19, 1995 that can exceed 1.3 mC/kg (5roentgens) per minute shall be equipped with anautomatic exposure rate control. All entrance ex-posure rate limits shall be 2.6 mC/kg (10 roent-gens) per minute with an upper limit of 5.2 mC/kg (20 roentgens) per minute when the high-levelcontrol is activated.(E) Compliance with the requirements of this

subsection shall be determined as follows:(i) If the source is below the X-ray table, the

exposure rate shall be measured at one centimeterabove the tabletop or cradle.(ii) If the source is above the X-ray table, the

exposure rate shall be measured at 30 centimetersabove the tabletop with the end of the beam-lim-iting device or spacer positioned as closely as pos-sible to the point of measurement.(iii) For any fluoroscopy system capable of

changing the X-ray beam orientation, which is alsoknown as a C-arm system, the exposure rate shallbe measured at 30 centimeters from the input sur-face of the fluoroscopic imaging assembly. Thesource may be positioned at any available SID, ifthe end of the beam-limiting device or spacer isno closer than 30 centimeters from the input sur-face of the fluoroscopic imaging assembly.(iv) For a lateral-type fluoroscope, the exposure

rate shall be measured at a point that is 15 cen-timeters from the centerline of the X-ray table andin the direction of the X-ray source, with the endof the beam-limiting device or spacer positionedas closely as possible to the point of measurement.A moveable tabletop shall be positioned as closelyas possible to the lateral X-ray source, with theend of the beam-limiting device or spacer nocloser than 15 centimeters to the centerline of theX-ray table.(2) Periodic measurements of the entrance ex-

posure rate shall be taken by a qualified expert for

both the typical and the maximum values accord-ing to all of the following requirements:(A) The measurements shall be taken annually

and after any maintenance of the system thatmight affect the exposure rate.(B) The results of these measurements shall be

posted at a location where any fluoroscopist hasready access to the results while using the fluor-oscope and in the record required by this regu-lation. The measurement results shall be stated incoulombs per kilogram (roentgens) per minuteand shall include the technique factors used indetermining the results. The name of the individ-ual performing the measurements and the date onwhich the measurements were performed shall beincluded in the results.(C) The conditions under which periodic meas-

urements of the entrance exposure rate are takenshall meet the following requirements:(i) Each measurement shall be made under the

conditions that meet the requirements of thisregulation.(ii) The kVp, mA, and other selectable para-

meters shall be adjusted to those settings typicalin clinical use for a patient with an abdomen thatis 23 cm thick.(iii) Each X-ray system that incorporates any au-

tomatic exposure rate controls shall have suffi-cient attenuative material placed in the usefulbeam to produce milliamperage and kilovoltagethat meet the requirements of this regulation.(D) The conditions under which periodic meas-

urements of the maximum entrance exposure aretaken shall meet the following requirements:(i) The measurement shall be made under the

conditions that meet the requirements of thisregulation.(ii) The kVp, mA, and other selectable para-

meters shall be adjusted to those settings that pro-duce the maximum entrance exposure rate.(iii) Each X-ray system that incorporates auto-

matic exposure rate controls shall have sufficientattentuative material placed in the useful beam toproduce the maximum entrance exposure rate ofthe system.(d) Barrier-transmitted radiation rate limits.(1) The exposure rate due to transmission

through the primary protective barrier with theattenuation block in the useful beam, combinedwith radiation from the image intensifier, if pro-vided, shall not exceed 0.5 C/kg (2 milliroent-gens) per hour at 10 centimeters from any acces-sible surface of the fluoroscopic imaging assembly

28-35-243aRADIATION

301

beyond the plane of the image receptor for eachmC/kg (4 roentgens) per minute of entrance ex-posure rate.(2) Measuring compliance of barrier

transmission.(A) The exposure rate due to transmission

through the primary protective barrier combinedwith radiation from the image intensifier shall bedetermined by measuring the radiation averagedover an area of 100 square centimeters, with nolinear dimension greater than 20 centimeters.(B) If the source is below the tabletop, the

measurement shall be taken with the input surfaceof the fluoroscopic imaging assembly positionedat 30 centimeters above the tabletop.(C) If the source is above the tabletop and the

SID is variable, the measurement shall be takenwith the end of the beam-limiting device or spacerplaced as close to the tabletop as possible, but notcloser than 30 centimeters.(D) All movable grids and compression devices

shall be removed from the useful beam during themeasurement.(e) Indication of potential and current. During

fluoroscopy and cinefluorography, the kV and themA shall be continuously indicated.(f) Source-to-skin distance (SSD). Unless oth-

erwise approved by the food and drug administra-tion, the SSD shall not be less than the following:(1) 38 centimeters on stationary fluoroscopic

systems manufactured on or after August 1, 1974;(2) 35.5 centimeters on stationary fluoroscopic

systems manufactured before August 1, 1974;(3) 30 centimeters on all mobile fluoroscopes;

and(4) 20 centimeters for all mobile fluoroscopes

when used for specific surgical applications.(g) Fluoroscopic timer.(1) A method shall be provided to preset the

cumulative amount of time during which thefluoroscopic X-ray tube is on. The maximum cu-mulative amount of time during which the fluor-oscopic X-ray tube is on shall not exceed fiveminutes without resetting the timing device.(2) A signal audible to the fluoroscopist shall

indicate the completion of any preset cumulativetime. The signal shall continue to sound while X-rays are produced until the timing device is reset.(h) Control of scattered radiation.(1) Each fluoroscopic table, when combined

with the medical procedures performed, shall besuch that no unprotected part of the body of anystaff member or ancillary individual shall be ex-

posed to unattenuated scattered radiation thatoriginates from under the table. The attenuationrequired shall be not less than 0.25 millimeterlead-equivalent.(2) The equipment configuration and operating

procedures used shall prevent any portion of thebody of any staff member or ancillary individual,except the extremities, from being exposed to theunattenuated scattered radiation emanating fromabove the tabletop, unless either of the followingconditions is met:(A) The individual is at least 120 centimeters

from the center of the useful beam.(B) The radiation has passed through not less

than 0.25 millimeter of lead-equivalent materialincluding drapes, a bucky-slot cover panel, andself-supporting curtains, in addition to any leadequivalency provided by any protective apron.(3) Exemptions to paragraph (h)(2) may be

granted by the secretary if a sterile field does notpermit the use of the normal protective barriers.If the use of prefitted sterilized covers for the bar-riers is practical, an exemption shall not begranted. Exceptions shall be automaticallygranted for the following fluoroscopic proceduresonly if a sterile field does not permit the use ofthe normal protective barriers:(A) Angiograms;(B) arthrograms;(C) biliary drainage procedures;(D) fluoroscopic biopsy procedures;(E) myelograms;(F) percutaneous cholangiograms;(G) percutaneous nephrostomies;(H) sinograms or fistulograms; and(I) T-tube cholangiograms.(i) Spot-film exposure reproducibility. Each

fluoroscopic system equipped with a spot-filmmode shall meet the exposure reproducibilityrequirements of K.A.R. 28-35-244a when oper-ating in the spot-film mode.(j) Radiation therapy simulation systems. Each

radiation therapy simulation system shall be ex-empt from the requirements of subsection (c) ofthis regulation. In addition, this type of systemshall be exempt from the following:(1) The requirements of subsections (a) and (d)

of this regulation, if the system is designed andused so that no individual other than the patientis in the X-ray room when the system is producingX-rays; and(2) the requirements of subsection (g) of this

regulation, if the system is provided with a means


302

of indicating the cumulative time that an individ-ual patient has been exposed to X-rays. Proce-dures shall be established to require that the cu-mulative time be reset between examinations.(Authorized by and implementing K.S.A. 48-1607;effective Dec. 30, 2005.)

28-35-244. (Authorized by K.S.A. 1975Supp. 48-1607; effective Jan. 1, 1970; amendedMay 1, 1976; revoked Dec. 30, 2005.)

28-35-244a. Radiographic systems otherthan fluoroscopic, dental intraoral, or com-puted tomography X-ray systems. (a) Beam lim-itation, except for mammographic systems. Eachregistrant shall ensure that the useful beam is col-limated to the area of clinical interest. This require-ment shall be deemed to have beenmet if a positivebeam-limiting device meeting the manufacturer’sspecifications and the requirements of this regula-tion has been used or if evidence of collimation isshown on at least three sides or three corners of thefilm, including projections from the shutters of thecollimator, cone cutting at the corners, and bordersat the film’s edge.

(1) General-purpose stationary and mobile X-ray systems including veterinary systems, otherthan portable systems, installed after the effectivedate of these regulations.

(A) Each registrant shall use only X-ray systemsprovided with the means for independent steplessadjustment of at least two dimensions of the X-rayfield.

(B) Each registrant shall ensure that a methodis provided for visually defining the perimeter ofthe X-ray field. The total misalignment of theedges of the visually defined field with the re-spective edges of the X-ray field along either thelength or width of the visually defined field shallnot exceed two percent of the distance from thesource to the center of the visually defined fieldwhen the surface upon which the visually definedfield appears is perpendicular to the axis of the X-ray beam.

(C) An exemption from paragraphs (a)(1)(A)and (B) may be granted by the secretary for non-certified X-ray systems if the registrant submits awritten application for the exemption and that ap-plication meets the following conditions:

(i) Demonstrates that it is impractical to complywith paragraphs (a)(1)(A) and (B); and

(ii) demonstrates that the purpose of para-graphs (a)(1)(A) and (B) will be met by othermethods.

(2) Additional requirements for stationary gen-eral-purpose X-ray systems. In addition to therequirements of paragraph (a)(1), each registrantshall ensure that all stationary general-purpose X-ray systems, both certified and noncertified, meetall of the following requirements:

(A) A method shall be provided to indicatewhen the axis of the X-ray beam is perpendicularto the plane of the image receptor, to align thecenter of the X-ray field with respect to the centerof the image receptor to within two percent of theSID, and to indicate the SID to within twopercent.

(B) The beam-limiting device shall indicate nu-merically the field size in the plane of the imagereceptor to which the device is adjusted.(C) The indication of the field size dimensions

and SID shall be specified in inches or centime-ters, or both, and shall be such that aperture ad-justments result in X-ray field dimensions in theplane of the image receptor that correspond to X-ray field dimensions indicated by the beam-limi-ting device to within two percent of the SID whenthe beam axis is indicated to be perpendicular tothe plane of the image receptor.(3) X-ray systems designed for one size of image

receptor. Radiographic equipment designed foronly one size of image receptor at a fixed SID shallbe provided with the means to limit the field atthe plane of the image receptor to dimensions nogreater than those of the image receptor and toalign the center of the X-ray field with the centerof the image receptor to within two percent of theSID, or shall be provided with the means to bothadjust the size of and align the X-ray field so thatthe X-ray field at the plane of the image receptordoes not extend beyond any edge of the imagereceptor.

(4) X-ray systems other than those described inthis subsection and veterinary systems installedbefore the effective date of this regulation and allportable veterinary X-ray systems.

(A) A means shall be provided to limit the X-ray field in the plane of the image receptor so thatthe field does not exceed each dimension of theimage receptor by more than two percent of theSID when the axis of the X-ray beam is perpen-dicular to the plane of the image receptor.

(B) A means shall be provided to align the cen-ter of the X-ray field with the center of the imagereceptor to within two percent of the SID, or themeans shall be provided to both adjust the size ofand align the X-ray field so that the X-ray field at

28-35-244aRADIATION

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the plane of the image receptor does not extendbeyond any edge of the image receptor. Compli-ance shall be determined with the axis of the X-ray beam perpendicular to the plane of the imagereceptor.

(C) The requirements of paragraphs (a)(4)(A)and (B) may be met with a system that meets therequirements for a general-purpose X-ray systemas specified in paragraph (a)(1) or, when align-ment means are also provided, may be met witheither of the following:

(i) An assortment of removable, fixed-aperture,beam-limiting devices sufficient to meet therequirements for each combination of image re-ceptor size and SID for which the system is de-signed, with each such device having clear andpermanent markings to indicate the image recep-tor size and SID for which the system is designed;or

(ii) a beam-limiting device having multiple fixedapertures sufficient to meet the requirements foreach combination of image receptor size and SIDfor which the system is designed. Permanent,clearly legible markings shall indicate the imagereceptor size and SID for which each aperture isdesigned and shall indicate which aperture is inposition for use.

(b) Radiation exposure control.(1) Exposure initiation. A means shall be pro-

vided to initiate the radiation exposure by a delib-erate action on the part of the operator, includingthe depression of a switch. Radiation exposureshall not be initiated without such an action. Inaddition, it shall not be possible to initiate an ex-posure when the timer is set to a ‘‘zero’’ or ‘‘off’’position if either position is provided.

(2) Exposure indication. A means shall be pro-vided for visual indication observable at or fromthe operator’s protected position whenever X-raysare produced. In addition, a signal audible to theoperator shall indicate that the exposure hasterminated.

(3) Exposure termination. A means shall beprovided to terminate the exposure at a presettime interval, preset product of current and time,a present number of pulses, or a preset radiationexposure to the image receptor. Except for dentalpanoramic systems, termination of each exposureshall cause the automatic resetting of the timer toits initial setting or to ‘‘zero.’’

(A) Manual exposure control. An X-ray controlshall be incorporated into each X-ray system sothat each exposure can be terminated by the op-

erator at any time, except for either of thefollowing:

(i) During any exposure of one-half second orless; or

(ii) during serial radiography, when a meansshall be provided to permit the completion of anysingle exposure of the series in process.

(B) Automatic exposure controls. When an au-tomatic exposure control is provided, all of thefollowing requirements shall be met:

(i) The mode of operation selected shall be in-dicated on the control panel.

(ii) If the X-ray tube potential is equal to orgreater than 50kVp, the minimum exposure timefor field emission equipment rated for pulsed op-eration shall be equal to or less than a time intervalequivalent to two pulses.

(iii) The minimum exposure time for all equip-ment other than that specified in paragraph(b)(2)(B) shall be equal to or less than one-sixtiethof a second or the time interval required to deliver5 mAs, whichever is greater.

(iv) Either the product of the peak X-ray tubepotential, current, and exposure time shall be lim-ited to not more than 60 kWs per exposure, or theproduct of the X-ray tube current and exposuretime shall be limited to not more than 600 mAsper exposure. However, when the X-ray tube po-tential is less than 50 kVp, the product of the X-ray tube current and exposure time shall be lim-ited to not more than 2,000 mAs per exposure.

(v) A visible signal shall indicate when an ex-posure has been terminated at the limits requiredby paragraph (b)(2)(D), and manual resetting shallbe required before further automatically timedexposures can be made.

(4) Exposure duration or timer linearity. Forsystems that provide for the independent selec-tion of exposure time settings, the average ratios(X1) of exposure to the indicated timer setting, inunits of C kg-1s-1 (mR/s), obtained at any two clin-ically used timer settings shall not differ by morethan 0.10 times their sum. This calculation is writ-ten as follows:

(X-1 - X2) 0.1 (X-1 + X2)

where X-1 and X2 are the average C kg-1s-1

(mR/s) values.(5) Exposure control location. The X-ray expo-

sure control shall be placed so that the operatorcan view the patient while making any exposure.

(6) Operator protection, except for veterinarysystems.


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(A) Stationary systems. Each stationary X-raysystem shall be required to have the X-ray controlpermanently mounted in a protected area so thatthe operator is required to remain in that pro-tected area during the entire exposure.

(B) Mobile and portable systems. Each mobileand each portable X-ray system shall meet the fol-lowing requirements:

(i) If used for one week or more at the samelocation, including a room or a suite, meet therequirements of paragraph (b)(6)(A); or

(ii) if used for less than one week at the samelocation, be provided with either a protective bar-rier that is at least two meters or 6.5 feet high foroperator protection during exposures or a meansto allow the operator to be at least 2.7 meters or9 feet from the tube housing assembly during theexposure.

(7) Operator protection for veterinary systems.All stationary, mobile, or portable X-ray systemsused for veterinary work shall be provided witheither a protective barrier that is at least two me-ters or 6.5 feet high for operator protection duringexposures or a means to allow the operator to beat least 2.7 meters or nine feet from the tubehousing assembly during exposures.

(c) Source-to-skin distance. Each mobile orportable radiographic system shall be providedwith the means to limit the source-to-skin distanceto equal to or greater than 30 centimeters, exceptfor veterinary systems or systems specifically ap-proved by the FDA.

(d) Exposure reproducibility. When all tech-nique factors are held constant, including controlpanel selections associated with automatic expo-sure control systems, the coefficient of variationof exposure for both manual and automatic ex-posure control systems shall not exceed 0.05. Thisrequirement shall apply to all clinically usedtechniques.

(e) Radiation from capacitor energy storageequipment in standby status. The radiation emit-ted from the X-ray tube when the system is fullycharged and the exposure switch or timer is notactivated shall not exceed a rate of 0.5 C/kg (2milliroentgens) per hour at five centimeters fromany accessible surface of the diagnostic source as-sembly, with the beam-limiting device fully open.

(f) Accuracy. Deviation of the measured tech-nique factors from the indicated values of kVp andexposure time shall not exceed the limits specifiedfor each system by its manufacturer. In the ab-sence of manufacturer’s specifications, the devia-

tion shall not exceed 10 percent of the indicatedvalue for kVp and 20 percent for exposure time.

(g) mA and mAs linearity. The followingrequirements shall apply when the equipment isoperated with a power supply as specified by themanufacturer for any fixed X-ray tube potentialwithin the range of 40 percent to 100 percent ofthe maximum rated mA or mAs.

(1) Equipment that provides for the independ-ent selection of X-ray tube current (mA). The av-erage ratios (X-1) of exposure to the indicated mil-liampere-seconds product C kg-1 mAs-1 (or mR/mAs) obtained at any two consecutive tube cur-rent settings shall not differ by more than 0.10times their sum. This calculation is written asfollows:

(X-1 - X2) ! 0.10 (X-1 + X2)

where X-1 and X2 are the average values obtainedat each of two consecutive tube current settings,or at two settings differing by no more than a fac-tor of two when the tube current selection iscontinuous.

(2) Equipment that has a combined X-ray tubecurrent-exposure time product (mAs) selector,but not a separate tube current (mA) selector. Theaverage ratios (X-1) of exposure to the indicatedmilliampere-seconds product, in units of C kg-1

mAs-1 (or mR/mAs), obtained at any two consec-utive mAs selector settings shall not differ by morethan 0.10 times their sum. This calculation is writ-ten as follows:

(X-1 - X2) ! 0.10 (X-1 + X2)

where X-1 and X2 are the average values obtainedat each of two mAs selector settings, or at twosettings differing by no more than a factor of twowhen the mAs selector provides continuousselection.

(3) Measuring compliance. Determination ofcompliance shall be based on 10 exposures takenwithin one hour, at each of the two settings spec-ified by this subsection. These two settings mayinclude any two focal spot sizes, unless one isequal to or less than 0.45 millimeters and theother is greater than 0.45 millimeters. For pur-poses of this requirement, focal spot size shallmean the nominal focal spot size specified by theX-ray tube manufacturer.

(h) Additional requirements applicable to cer-tified systems only. Diagnostic X-ray systems in-corporating one or more certified componentsshall be required to meet the following additional

28-35-247aRADIATION

305

requirements that relate to that certified compo-nent or components.

(1) Beam limitation for stationary and mobilegeneral-purpose X-ray systems.

(A) A means of stepless adjustment of the sizeof the X-ray field shall be provided. The minimumfield size at an SID of 100 centimeters shall beequal to or less than five centimeters by fivecentimeters.

(B) If a light localizer is used to define the X-ray field, the localizer shall provide an average il-lumination of not less than 160 lux or 15 foot-candles at 100 centimeters or at the maximumSID, whichever is less. The average illuminationshall be based on measurements made in the ap-proximate center of each quadrant of the lightfield. Radiation therapy simulation systems man-ufactured on and after May 27, 1980 shall be ex-empt from this requirement.

(C) The edge of the light field at 100 centi-meters or at the maximum SID, whichever is less,shall have a contrast ratio, when corrected for am-bient lighting, of not less than four for beam-lim-iting devices designed for use on stationary equip-ment and a contrast ratio of not less than threefor beam-limiting devices designed for use on mo-bile equipment. The contrast ratio shall be de-fined as I1/I2 where I1 is the illumination at threemillimeters from the edge of the light field towardthe center of the field, and I2 is the illuminationat three millimeters from the edge of the lightfield away from the center of the field. Compli-ance shall be determined by using a measuringinstrument that has an aperture of one millimeterin diameter.

(2) Beam limitation and alignment on stationarygeneral-purpose X-ray systems equipped withpositive beam limitation (PBL). If PBL is beingused, all of the following requirements shall bemet:

(A) The PBL shall prevent the production of X-rays when either of the following occurs:

(i) The length or width of the X-ray field in theplane of the image receptor differs, except as per-mitted by paragraph (h)(2)(C), from the corre-sponding image receptor dimensions by morethan three percent of the SID.

(ii) The sum of the length and width differencesas stated in paragraph (h)(2)(A)(i), without regardto sign, exceeds four percent of the SID.

(B) Compliance with paragraph (h)(2)(A) shallbe determined when the equipment indicates thatthe beam axis is perpendicular to the plane of the

image receptor. Compliance shall be determinedno sooner than five seconds after insertion of theimage receptor.

(C) The PBL system shall be capable of oper-ation, at the discretion of the operator, so that thesize of the field can be made smaller than the sizeof the image receptor through stepless adjustmentof the field size. The minimum field size at an SIDof 100 centimeters shall be equal to or less thanfive centimeters by five centimeters.

(D) The PBL system shall be designed so thatif a change in image receptor does not cause anautomatic return to PBL function as described inparagraph (h)(2)(A), then any change of image re-ceptor size or SID shall cause the automatic re-turn to PBL function.

(3) Beam limitation for portable X-ray systems.Beam limitation for each portable X-ray systemshall meet the beam limitation requirements inparagraph (a)(1) or (h)(2).

(i) Tube stands for portable X-ray systems. Atube stand or other mechanical support shall beused for portable X-ray systems, so that the X-raytube housing assembly does not need to be hand-held during exposures. (Authorized by and imple-menting K.S.A. 48-1607; effective Dec. 30, 2005.)

28-35-245. (Authorized by K.S.A. 1975Supp. 48-1607; effective Jan. 1, 1970; amendedMay 1, 1976; revoked Sept. 20, 1993.)


28-35-247. (Authorized by and imple-menting K.S.A. 1992 Supp. 48-1607; effective Jan.1, 1970; amended Jan. 1, 1972; amended May 1,1976; amended Sept. 20, 1993; revoked Dec. 30,2005.)

28-35-247a. Intraoral dental radio-graphic systems. In addition to K.A.R. 28-35-242a and 28-35-242b, this regulation shall applyto all X-ray equipment and the associated facilitiesused for dental radiography. The requirements forextraoral dental radiographic systems shall bethose requirements specified in K.A.R. 28-35-244a. Each registrant shall use only systems meet-ing the requirements of this regulation.

(a) Source-to-skin distance (SSD). X-ray sys-tems designed for use with an intraoral image re-ceptor shall be provided with a means to limit theSSD to not less than either of the following:

(1) 18 centimeters if operable above 50 kVp; or


306

(2) 10 centimeters if operable at 50 kVp only.(b) kVp limitations. Dental X-ray machines with

a nominal fixed kVp of less than 50 kVp shall notbe used to make diagnostic dental radiographs ofhumans.

(c) Beam limitation. Each radiographic systemdesigned for use with an intraoral image receptorshall be provided with a means to limit the X-raybeam so that the beam at the minimum SSD iscontainable in a circle with a diameter of no morethan seven centimeters.

(d) Radiation exposure control.(1) Exposure initiation.(A) A means shall be provided to initiate the

radiation exposure by a deliberate action on thepart of the operator, including the depression ofa switch. Radiation exposure shall not be initiatedwithout such an action.

(B) When the timer is set to a ‘‘zero’’ or ‘‘off’’position, if either position is provided, an exposureshall not be possible.

(2) Exposure indication. A means shall be pro-vided for a visual indication observable at or fromthe operator’s protected position whenever X-raysare produced. In addition, a signal audible to theoperator shall indicate that the exposure hasterminated.

(3) Exposure termination.(A) A means shall be provided to terminate

each exposure at a preset time interval, a presetproduct of current and time, a preset number ofpulses, or a preset radiation exposure to the imagereceptor.

(B) An X-ray exposure control shall be incor-porated into each X-ray system so that each ex-posure can be terminated by the operator at anytime, except for exposures of one-half second orless.

(C) Each termination of an exposure shall causethe automatic resetting of the timer to its initialsetting or to ‘‘zero.’’

(4) Exposure duration or timer linearity. Foreach system that provides for the independent se-lection of exposure time settings, the average ra-tios (X1) of exposure to the indicated timer setting,in units of C kg-1 s-1 (mR/s), obtained at any twoclinically used time settings shall not differ bymore than 0.10 times their sum. The linearity iscalculated using the following equation:

(X1 - X2) 0.10 (X1 + X2)

where X1 and X2 are the average ratios of exposureto the indicated timer setting.

(5) Exposure control location and operatorprotection.

(A) Each stationary X-ray system shall be re-quired to have the X-ray exposure control per-manently mounted in a protected area so that theoperator is required to remain in that protectedarea during the entire exposure.

(B) Each mobile or portable X-ray system usedfor one week or longer in the same location, in-cluding a room or suite, shall meet the require-ments of this regulation.

(C) Each mobile or portable X-ray system usedfor less than one week in the same location shallbe provided either with a protective barrier thatis at least two meters (6.5 feet) high for operatorprotection or with the means to allow the operatorto be at least 2.7 meters (9 feet) from the tubehousing assembly while making exposures.

(e) Reproducibility. When the equipment is op-erated with an adequate power supply as specifiedby the manufacturer, the estimated coefficient ofvariation of radiation exposures shall be no greaterthan 0.05 for any specific combination of selectedtechnique factors.

(f) mA and mAs linearity. The requirementsspecified in this subsection shall apply when theequipment is operated with a power supply asspecified by the manufacturer for any fixed X-raytube potential within the range of 40 percent to100 percent of the maximum rated mA or mAs.

(1) Equipment that provides for the independ-ent selection of X-ray tube current (mA). The av-erage ratios (X1) of exposure to the indicated mil-liampere-seconds product, in units of C kg-1 mAs-1

(or mR/mAs), obtained at any two consecutivetube current settings shall not differ by more than0.10 times their sum. The linearity is calculatedusing the following equation:

X1 - X2 0.10 (X1 + X2)

where X1 and X2 are the average values obtainedat each of two consecutive tube current settings,or at two settings differing by no more than a fac-tor of two if the tube current selection iscontinuous.

(2) Equipment that has a combined X-ray tubecurrent-exposure time project (mAs) selector butnot a separate tube current (mA) selector. Theaverage ratios (X1) of exposure to the indicatedmilliampere-seconds product, in units of C kg-1

mAs-1 (or mR/mAs), obtained at any two consec-utive mAs selector settings shall not differ by more

28-35-248aRADIATION

307

than 0.10 times their sum. The linearity is calcu-lated using the following equation:

X1 - X2 0.10 (X1 + X2)

where X1 and X2 are the average values obtainedat any two mAs selector settings, or at two settingsdiffering by no more than a factor of two if themAs selector provides continuous selection.

(3) Measuring compliance. Determination ofcompliance shall be based on 10 exposures takenwithin one hour, at each of two settings. Thesetwo settings may include any two focal spot sizes,unless one is equal to or less than 0.45 millimetersand the other is greater than 0.45 millimeters. Forpurposes of this regulation, ‘‘focal spot size’’ shallmean the nominal focal spot size specified by theX-ray tube manufacturer.

(g) Accuracy. The deviation of technique fac-tors from the indicated values for kVp and expo-sure time, if time is independently selectable, shallnot exceed the limits specified for that system byits manufacturer. In the absence of manufac-turer’s specifications, the deviation shall not ex-ceed 10 percent of the indicated value for kVp and20 percent for time.

(h) Administrative controls.(1) Patient-holding and film-holding devices

shall be used when the techniques permit.(2) The tube housing and the position indica-

tion device (PID) shall not be handheld during anexposure.

(3) Each X-ray system shall be operated so thatthe useful beam at the patient’s skin does not ex-ceed the requirements of this regulation.

(4) Dental fluoroscopy without image intensi-fication shall not be used. (Authorized by and im-plementing K.S.A. 48-1607; effective Dec. 30,2005.)

28-35-248. (Authorized by K.S.A. 1975Supp. 48-1607; effective May 1, 1976; revokedSept. 20, 1993.)

28-35-248a. Computed tomography(CT) X-ray systems. (a) Definitions. In additionto the definitions in part 1 of these regulations,the following definitions shall be applicable to thisregulation:

(1) ‘‘Computed tomography dose index’’ and‘‘CTDI’’ mean the integral from -7T to +7T of thedose profile along a line perpendicular to the to-mographic plane divided by the product of thenormal tomographic section thickness and the

number of tomograms produced in a single scan,as follows:

CTDI 51

nT ! +7T

-7T

D(z) dz

where:

z 5 Position along a line perpendicular tothe tomographic plane;

D(z) 5 dose at position z;T 5 nominal tomographic section

thickness;n 5 number of tomograms produced in a

single scan.

This definition assumes that the dose profile iscentered around z50 and that, for a multiple to-mogram system, the scan increment between ad-jacent scans is nT.

(2) ‘‘Contrast scale’’ and ‘‘CS’’ mean the changein the linear attenuation coefficient per CTN rel-ative to water, as follows:

"x - "w

CS 5

CTNx- CTNw

where:

"x 5 Linear attenuation coefficient ofthe material of interest;

"w 5 linear attenuation coefficient ofwater;

CTNx

5 average CTN of the material ofinterest;

CTNw

5 average CTN of water.

(3) ‘‘CT conditions of operation’’ means all se-lectable parameters governing the operation of aCT X-ray system including nominal tomographicsection thickness, filtration, and technique factors.

(4) ‘‘CT gantry’’ means the tube housing assem-blies, beam-limiting devices, and detectors andthe supporting structures and frames that holdthese components.

(5) ‘‘CT number’’ and ‘‘CTN’’ mean the num-ber used to represent the X-ray attenuation asso-ciated with each elemental area of the CT image,as follows:

CTN 5k ("x - "w)

"w


308

where:

k 5 A constant, which is normally 1,000when the Houndsfield scale of CTN isused;

x 5 linear attenuation coefficient of thema-terial of interest; and

w 5 linear attenuation coefficient of water.

(6) ‘‘Dose profile’’ means the dose as a functionof position along a line.(7) ‘‘Elemental area’’ means the smallest area

within a tomogram for which the X-ray attenua-tion properties of a body are depicted.(8) ‘‘Multiple tomogram system’’ means a com-

puted tomography X-ray system that obtains X-raytransmission data simultaneously during a singlescan to produce more than one tomogram.(9) ‘‘Noise’’ means the standard deviation of the

fluctuations in CTN expressed as a percentage ofthe attenuation coefficient of water. Noise is es-timated using the following equation:

Sa 5100 2 CS 2 s

w

where:

CS5 Linear attenuation coefficient of the

material of interest; w 5 linear attenuation coefficient of wa-

ter; ands 5 standard deviation of the CTN of

picture elements in a specified areaof the CT image.

(10) ‘‘Nominal tomographic section thickness’’means the full width at half-maximum of the sen-sitivity profile taken at the center of the cross-sectional volume over which the X-ray transmis-sion data are collected.(11) ‘‘Picture element’’ means an elemental

area of a tomogram.(12) ‘‘Reference plane’’ means a plane that is

displaced from and parallel to the tomographicplane.(13) ‘‘Scan’’ means the complete process of col-

lecting X-ray transmission data for the productionof a tomogram. Data can be collected simultane-ously during a single scan for the production ofone or more tomograms.(14) ‘‘Scan increment’’ means the amount of

relative displacement of the patient with respectto the CT X-ray system between successive scansmeasured along the direction of the displacement.

(15) ‘‘Scan sequence’’ means a preselected setof two or more scans performed consecutively un-der preselected CT conditions of operation.(16) ‘‘Scan time’’ means the period of time be-

tween the beginning and the end of X-ray trans-mission data accumulation for a single scan.(17) ‘‘Single tomogram system’’ means a CT X-

ray system that obtains X-ray transmission dataduring a scan to produce a single tomogram.(18) ‘‘Tomographic plane’’ means the geometric

plane that is identified as corresponding to theoutput tomogram.(19) ‘‘Tomographic section’’ means the volume

of an object whose X-ray attenuation propertiesare imaged in a tomogram.(b) Requirements for equipment.(1) Termination of exposure.(A) A means shall be provided to terminate the

X-ray exposure automatically by either de-ener-gizing the X-ray source or shuttering the X-raybeam if equipment failure affecting data collec-tion occurs. This termination shall occur within aninterval that limits the total scan time to no morethan 110 percent of its preset value through theuse of either a backup timer or devices that mon-itor equipment function.(B) A visible signal shall indicate when the X-

ray exposure has been terminated as specified inparagraph (b)(1)(A).(C) Each operator shall be able to terminate the

X-ray exposure at any time during a scan, or seriesof scans under CT X-ray systems control, ofgreater duration than one-half second.(2) Tomographic plane indication and

alignment.(A) For any single tomogram system, a means

shall be provided to permit the visual determina-tion of the tomgraphic plane or a reference planeoffset from the tomographic plane.(B) For any multiple tomogram system, a

means shall be provided to permit the visual de-termination of the location of a reference plane.This reference plane can be offset from the lo-cation of the tomographic planes.(C) If a device using a light source is used, the

light source shall provide illuminationlevels sufficient to permit the visual determinationof the location of the tomographic plane orreference plane under ambient light conditions ofup to 500 lux.(3) Beam-on and shutter-status indicators and

control switches.(A) The CT X-ray control and gantry shall pro-

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vide a visual indication whenever X-rays are pro-duced and, if applicable, whether the shutter isopen or closed.

(B) Each emergency button or switch shall beclearly labeled as to its function.

(4) Indication of CT conditions of operation.The CT X-ray system shall be designed so that theCT conditions of operation to be used during ascan or a scan sequence shall be indicated beforethe initiation of a scan or a scan sequence. Thisrequirement may be met by permanent markingson equipment that has all or some of these con-ditions of operation at fixed values. An indicationof the CT conditions of operation shall be visiblefrom any position from which scan initiation ispossible.

(5) Extraneous radiation. When data are not be-ing collected for image production, the radiationadjacent to the tube port shall not exceed the lev-els permitted in these regulations.

(6) Maximum surface CTDI identification. Theangular position where the maximum surfaceCTDI occurs shall be identified to allow for thereproducible positioning of a CT dosimetryphantom.

(7) Additional requirements applicable to CTX-ray systems containing a gantry manufacturedafter September 3, 1985.

(A) The total error in the indicated location ofthe tomographic plane or reference plane shallnot exceed five millimeters.

(B) If the X-ray production period is less thanone-half second, the indication of X-ray produc-tion shall be actuated for at least one-half second.Indicators at or near the gantry shall be discerni-ble from any point external to the patient openingwhere insertion of any part of the human bodyinto the primary beam is possible.

(C) The deviation of the indicated scan incre-ment versus the actual increment shall not exceedplus or minus one millimeter for any mass weigh-ing from 0 to 100 kilograms and resting on thesupport device. The patient-support device shallbe adjusted in increments from a typical startingposition to the maximum distance or 30 centi-meters, whichever is less, and then returned tothe starting position. Measurement of actual ver-sus indicated scan increment may be taken any-where along this range of positions.

(D) Premature termination of the X-ray expo-sure by the operator shall necessitate the resettingof the CT conditions of operation before the ini-tiation of another scan.

(c) Facility design requirements.(1) Aural communication. Provision shall be

made for two-way aural communication betweenthe patient and the operator at the control panel.

(2) Viewing systems.(A) Windows, mirrors, closed-circuit television,

or an equivalent shall be provided to permit con-tinuous observation of the patient during irradia-tion and shall be located so that the operator canobserve the patient from the control panel.

(B) If the primary viewing system is an elec-tronic means, an alternate viewing system, whichmay be electronic, shall be available for use if theprimary viewing system fails.

(d) Surveys, calibrations, spot checks, and op-erating procedures.

(1) Surveys.(A) All CT X-ray systems installed after the ef-

fective date of this regulation and those systemsnot previously surveyed shall have a survey per-formed by, or under the direction of, a qualifiedexpert. In addition, the surveys shall be performedafter each change in the facility or equipment thatmight cause a significant increase in radiationhazard.

(B) Each registrant shall obtain a written reportof the survey from the qualified expert. The reg-istrant shall make a copy of the report available tothe department upon request.

(2) Radiation calibrations.(A) The calibration of the radiation output of

the CT X-ray system shall be performed by, orunder the direction of, a qualified expert who isphysically present at the facility during thecalibration.

(B) The calibration of each CT X-ray systemshall be performed at the intervals specified by aqualified expert and after any change or replace-ment of components that, in the opinion of thequalified expert, could cause any change in theradiation output.

(C) The calibration of the radiation output ofeach CT X-ray system shall be performed with acalibrated dosimetry system. The calibration ofthe system shall be traceable to a national stan-dard. The dosimetry system shall have been cali-brated within the preceding two years.

(D) One or more CT dosimetry phantoms shallbe used in determining the radiation output of aCT X-ray system. Each phantom shall meet all ofthe following requirements and conditions of use:

(i) Each CT dosimetry phantom shall consist ofright-circular cylinders of polymethyl methacry-


310

late with a density of 1.19 plus or minus 0.01grams per cubic centimeter. Each phantom shallbe at least 14 centimeters in length and shall havea diameter of 32.0 centimeters for testing CT X-ray systems designed to image any section of thebody and 16.0 centimeters for systems designedto image the head or for whole-body scanners op-erated in the head-scanning mode.

(ii) Each CT dosimetry phantom shall providea means for the placement of one or more dosim-eters along the axis of rotation and along a lineparallel to the axis of rotation at 1.0 centimeterfrom the outer surface and within the phantom.A means for the placement of dosimeters or align-ment devices at other locations may be provided.

(iii) The effect on the doses measured due tothe removal of phantom material to accommodatedosimeters shall be accounted for, through appro-priate corrections to the reported data by inclu-sion in the statement of maximum deviation forthe value obtained using the phantom.

(iv) All dose measurements shall be performedwith the CT dosimetry phantom placed on thepatient couch or support device without additionalattenuation materials present.

(E) Calibration shall be required for each typeof head, body, or whole-body scan performed atthe facility.

(F) Calibration shall meet all of the followingrequirements:

(i) The dose profile along the center axis of theCT dosimetry phantom for the minimum, maxi-mum, and midrange values of the nominal tomo-graphic section thickness used by the registrantshall be measurable. If fewer than three nominaltomographic thicknesses can be selected, the doseprofile determination shall be performed for eachavailable nominal tomographic section thickness.

(ii) The CTDI along the two axes shall be meas-ured. The CT dosimetry phantom shall be ori-ented so that the measurement point at 1.0 cen-timeter from the outer surface and within thephantom is in the same angular position within thegantry as the point of maximum surface CTDIidentified. The CT conditions of operation shallcorrespond to typical values used by theregistrant.

(iii) The required spot checks shall be made.(G) The calibration procedures shall be in writ-

ing. Records of all calibrations performed shall bemaintained for inspection by the department.

(3) Spot checks.(A) The spot check procedures shall be in writ-

ing and shall have been developed by a qualifiedexpert.

(B) The spot check procedures shall incorpo-rate the use of a CT dosimetry phantom that hasa capability of providing an indication of contrastscale, noise, nominal tomographic section thick-ness, and the resolution capability of the systemfor low-contrast and high-contrast objects, and ofmeasuring the mean CTN for water or other ref-erence material.

(C) All spot checks shall be included in the cal-ibration and shall be made at time intervals andunder system conditions specified by a qualifiedexpert.

(D) The spot checks shall include acquisition ofimages obtained with the CT dosimetry phantomor phantoms using the same processing mode andCT conditions of operation that are used to per-form calibrations. The images shall be retained intwo forms as follows, until a new calibration isperformed:

(i) Photographic copies of the images obtainedfrom the image display device; and

(ii) images stored in digital form on a storagemedium compatible with the CT X-ray system.

(E) Written records of the spot checks per-formed shall be maintained for inspection by thedepartment.

(4) Operating procedures.(A) The CT X-ray system shall not be operated

except by an individual who has been specificallytrained in its operation.

(B) Information shall be available at the controlpanel regarding the operation and calibration ofthe system. This information shall include thefollowing:

(i) The dates of the latest calibration and spotchecks and the location within the facility wherethe results of those tests can be obtained;

(ii) instructions on the use of the CT dosimetryphantom or phantoms, including the schedule ofspot checks appropriate for the system, the allow-able variations for the indicated parameters, andthe results of at least the most recent spot checksconducted on the system;

(iii) the distance in millimeters between thetomographic plane and the reference plane, if areference plane is utilized; and

(iv) a current technique chart available at thecontrol panel that specifies, for each routine ex-amination, the CT conditions of operation and thenumber of scans per examination. (Authorized by

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and implementing K.S.A. 48-1607; effective Dec.30, 2005.)

28-35-249. (Authorized by and imple-menting K.S.A. 1992 Supp. 48-1607; effective Jan.1, 1970; amended May 1, 1976; amended Sept.20, 1993; revoked Dec. 30, 2005.)


28-35-250a. (Authorized by and imple-menting K.S.A. 1992 Supp. 48-1607; effectiveSept. 20, 1993; revoked Dec. 30, 2005.)

28-35-251. Veterinary medicine radi-ography. (a) Equipment.

(1) One or more diaphragms or cones shall beprovided for collimating the useful beam to thearea of clinical interest.

(2) A device shall be provided to terminate theexposure at a preset time.

(3) A dead-man type of exposure switch shallbe provided, together with an electrical cord ofsufficient length so that the operator can standoutside of the useful beam and at least two metersor six feet from the animal during each X-rayexposure.

(b) Structural shielding. All wall, ceiling, andfloor areas shall be equivalent to, or provided withthe shielding or applicable protective barriers thatare necessary to ensure compliance with K.A.R.28-35-212a and K.A.R. 28-35-214a.

(c) Operating procedures.(1) The operator shall stand outside of the use-

ful beam and away from the animal during eachradiographic exposure.

(2) No individual other than the operator shallbe in the X-ray room while exposures are beingmade unless the individual’s assistance isrequired.

(3) When an animal must be held in positionduring radiography, mechanical supporting or re-straining devices shall be used if practical. If theanimal must be held by an individual, that indi-vidual shall be protected with appropriate shield-ing devices, which may include protective glovesand an apron, and shall be positioned so that nopart of the individual’s body will be struck by theuseful beam. The thickness of each shielding de-vice used shall be the same as that required byK.A.R. 28-35-242a (a)(5) and (7). The exposure ofany individual who consistently assists with re-straining animals during radiography shall be

monitored. (Authorized by K.S.A. 48-1607; effec-tive Jan. 1, 1970; amended May 1, 1976; amendedSept. 20, 1993; amended Dec. 30, 2005.)

Appendix A

28-35-252. (Authorized by K.S.A. 1975Supp. 48-1607; effective May 1, 1976; revokedDec. 30, 2005.)

28-35-253. (Authorized by and imple-menting K.S.A. 1992 Supp. 48-1607; effectiveSept. 20, 1993; revoked Dec. 30, 2005.)

28-35-254. (Authorized by and imple-menting K.S.A. 1992 Supp. 48-1607; effectiveSept. 20, 1993; revoked Dec. 30, 2005.)

28-35-255. Healing arts screening.Eachperson who wants to conduct a healing artsscreening program shall be required to obtain thesecretary’s written approval before initiating theprogram. Each person requesting that the secre-tary approve a healing arts screening programshall submit the following information andevaluations:

(a) The name and address of the applicant and,if applicable, the names and addresses of the ap-plicant’s agents within this state;

(b) the diseases or conditions for which the X-ray examinations are to be used in diagnoses;

(c) a detailed description of the X-ray exami-nations proposed in the screening program;

(d) a description of the population to be ex-amined in the screening program, including age,sex, physical condition, and any other relevantinformation;

(e) an evaluation of any known alternate meth-ods not involving ionizing radiation that couldachieve the goals of the screening program andthe reason why these methods are not used in-stead of the X-ray examinations;

(f) an evaluation by a qualified expert of the X-ray system or systems to be used in the screeningprogram. The evaluation by the qualified expertshall show that each system meets all require-ments of these regulations;

(g) a description of the quality control programfor diagnostic film;

(h) a copy of the technique chart for the X-rayexamination procedures to be used;

(i) the qualifications of each individual whowould be operating each X-ray system;

(j) the qualifications of the individual whowould be supervising the operators of the X-ray


312

systems. The extent of supervision and themethod of work performance evaluation shall bespecified;

(k) the name and address of the individual whowould interpret each radiograph;

(l) a description of all procedures to be used inadvising each individual screened and the individ-ual’s private practitioner of the healing arts of theresults of the screening procedure and any furthermedical needs indicated;

(m) a description of all procedures to be usedfor the retention or disposition of the radiographsand other records pertaining to each X-ray ex-amination; and

(n) a specification of the proposed frequency ofscreening and the proposed duration of the entirescreening program. (Authorized by and imple-menting K.S.A. 48-1607; effective Sept. 20, 1993;amended Dec. 30, 2005.)

28-35-256. Training for X-ray systemoperators. The following subjects shall be in-cluded in the training of X-ray equipment opera-tors, as applicable:

(a) Familiarization with the following:(1) Identification of controls;(2) the function of each control; and(3) how to use technique charts;(b) radiation protection using the following:(1) Collimation;(2) filtration;(3) gonad shielding and, if used, other patient

protection devices;(4) restriction of X-ray tube radiation to the im-

age receptor;(5) personnel protection; and(6) grids;(c) film processing, including the following:(1) Film speed as related to the patient’s ex-

posure to radiation;(2) film processing parameters; and(3) a quality assurance program;(d) emergency procedures, which shall include

the termination of exposure if an automatic timingdevice fails;

(e) the proper use of personnel dosimetry, ifrequired; and

(f) understanding the units of radiation. (Au-thorized by and implementing K.S.A. 48-1607; ef-fective Dec. 30, 2005.)

28-35-257 to 28-35-260. Reserved.

PART 6.—USE OF SEALED RADIOACTIVESOURCES IN THE HEALING ARTS

28-35-261. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective Jan.1, 1970; amended, T-85-43, Dec. 19, 1984;amended May 1, 1985; revoked Dec. 30, 2005.)

28-35-262. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective Jan.1, 1970; amended May 1, 1976; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985; revokedDec. 30, 2005.)

28-35-263. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective Jan.1, 1970; amended May 1, 1976; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985; revokedDec. 30, 2005.)

28-35-264. General requirements. Theprovisions of 10 CFR part 35, as in effect on May2, 2005, are hereby adopted by reference, with thechanges specified in this regulation.(a) For the purposes of part 6, ‘‘byproduct ma-terial’’ shall mean all radioactive material regu-lated by the department.

(b) All reports required by this regulation shallbe submitted to the department.

(c) The following sections shall be deleted:(1) 10 CFR 35.1, ‘‘purpose and scope’’;(2) 10 CFR 35.2, ‘‘definitions,’’ except that the

definitions of the following terms shall beretained:

(A) ‘‘Authorized medical physicist’’;(B) ‘‘authorized nuclear pharmacist’’;(C) ‘‘authorized user’’;(D) ‘‘prescribed dose’’; and(E) ‘‘radiation safety officer’’;(3) 10 CFR 35.8, ‘‘information collection

requirements: OMB approval’’;(4) 10 CFR 35.18, ‘‘license issuance’’;(5) 10 CFR 35.19, ‘‘specific exemptions’’;(6) 10 CFR 35.26 (a)(1), ‘‘radiation protection

program changes’’;(7) 10 CFR 35.4001, ‘‘violations’’; and(8) 10 CFR 35.4002, ‘‘criminal penalties.’’(d) Wherever the following CFR references

occur within 10 CFR part 35, these referencesshall be replaced with the specified references toregulations and parts in this article:

(1) ‘‘10 CFR 19.12’’ shall be replaced with‘‘K.A.R. 28-35-333, ‘instructions to workers.’ ’’

(2) ‘‘10 CFR part 20’’ shall be replaced with

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‘‘part 4, ‘standards for protection against radia-tion.’ ’’

(3) ‘‘10 CFR 20.1101’’ shall be replaced with‘‘K.A.R. 28-35-211d, ‘radiation protection pro-grams.’ ’’

(4) ‘‘10 CFR 20.1301(a)(1) and 20.1301(c)’’shall be replaced with ‘‘K.A.R. 28-35-214a.’’

(5) ‘‘10 CFR 20.1501’’ shall be replaced with‘‘K.A.R. 28-35-217b.’’

(6) ‘‘10 CFR part 30’’ shall be replaced with‘‘part 3, ‘licensing of sources of radiation.’ ’’

(7) ‘‘10 CFR 32.72’’ shall be replaced with‘‘K.A.R. 28-35-181m, ‘specific licenses to manu-facture and distribute radiopharmaceuticals con-taining radioactive material for medical use undergroup licenses,’ and K.A.R. 28-35-181n, ‘specificlicenses to manufacture and distribute generatorsor reagent kits for preparation of radiopharma-ceuticals containing radioactive material.’ ’’

(8) ‘‘10 CFR 32.74’’ shall be replaced with‘‘K.A.R. 28-35-181o, ‘specific licenses to manufac-ture and distribute sources and devices for use asa calibration or reference source, or for certainmedical uses.’ ’’

(9) ‘‘10 CFR 33.13’’ shall be replaced with‘‘K.A.R. 28-35-182b, ‘qualifications for a type Aspecific license of broad scope.’ ’’

(e) Wherever the following terms occur within10 CFR part 35, these terms shall be replacedwith ‘‘department’’:

(1) ‘‘Commission’’;(2) ‘‘NRC operation center’’; and(3) ‘‘NRC regional office.’’(f) The following changes shall be made to the

sections specified:(1) 10 CFR 35.6(b)(1) and (c)(1) shall be re-

placed with the following text:‘‘Obtain review and approved of the research as

specified in 45 CFR 46.111, ‘criteria for IRB ap-proval of research’; and’’.

(2) 10 CFR 35.6(b)(2) and (c)(2) shall be re-placed with the following text:

‘‘Obtain informed consent from the human re-search subject as specified in 45 CFR 46.116,‘general requirements for informed consent.’ ’’

(3) 10 CFR 35.10, subsection (a) shall bedeleted.

(4) In 10 CFR 35.10(d), the date ‘‘October 24,2002’’ shall be replaced with ‘‘the effective date ofthese regulations,’’ and in 10 CFR 35.10(b) and(c), the date ‘‘October 25, 2005’’ shall be replacedwith ‘‘two years from the effective date of theseregulations.’’

(5) 10 CFR 35.12(b)(1) and (c)(1)(i) shall bereplaced with the following text: ‘‘submitting aform specified by the department that includesthe facility diagram, equipment, and training andexperience qualifications of the radiation safetyofficer, authorized users, authorized physicists,and authorized pharmacists.’’

(6) In 10 CFR 35.57(a)(1) and (b)(1), the date‘‘October 24, 2002’’ shall be replaced with ‘‘theeffective date of these regulations.’’

(7) In 10 CFR 35.57(a)(2) and (b)(2), the date‘‘April 29, 2005’’ shall be replaced with ‘‘the ef-fective date of these regulations.’’

(8) In 10 CFR 35.432(a), the date ‘‘October 24,2002’’ shall be replaced with ‘‘the effective date ofthese regulations.’’

(9) In 10 CFR 35.3045, the footnote shall bedeleted, and in subsection (a) the words ‘‘or anyradiation-producing device’’ shall be added beforethe words ‘‘results in.’’

(10) 10 CFR 35.3047(d) shall be replaced withthe following text: ‘‘The licensee shall submit awritten report to the department within 15 daysafter discovery of a dose to the embryo or fetus,or nursing child that requires a report in para-graphs (a) or (b) in this section.’’

(11) In 10 CFR 35.3067, the phrase ‘‘with thedepartment’’ shall be inserted after the word ‘‘re-port’’ in the first sentence, and the second sen-tence shall be deleted. (Authorized by and imple-menting K.S.A. 48-1607; effective Dec. 30, 2005.)

28-35-265 to 28-35-272. Reserved.

PART 7.—SPECIAL REQUIREMENTS FORINDUSTRIAL RADIOGRAPHIC OPERATIONS


28-35-274. Applicability. (a) The regula-tions in this part shall apply to all persons whoutilize sources of radiation for industrial radiog-raphy, except those persons who are licensed orregistered in the state of Kansas to engage in thepractice of the healing arts, dentistry, podiatry, orveterinary medicine. The requirements of thispart shall be in addition to, and not in substitutionfor, the other requirements of these regulations.

(b) The requirements of K.A.R. 28-35-275,K.A.R. 28-35-277a, K.A.R. 28-35-279, K.A.R. 28-35-280, K.A.R. 28-35-287, and K.A.R. 28-35-291shall apply to sealed radioactive sources only. Therequirements of the other regulations in this part


314

shall apply to both radiation machines and sealedradioactive sources. (Authorized by K.S.A. 48-1607; implementing K.S.A. 48-1601 and K.S.A.48-1607; effective Jan. 1, 1970; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985;amended Dec. 30, 2005.)

28-35-275. Limits on levels of radiationfor radiographic exposure devices and stor-age containers. Radiographic exposure devicesmeasuring less than four inches from the sealedsource storage position to any exterior surface ofthe device shall have no radiation level in excessof 50 milliroentgens per hour at six inches fromany exterior surface of the device. Radiographicexposure devices measuring four or more inchesfrom the sealed source storage position to any ex-terior surface of the device, and all storage con-tainers for sealed sources or outer containers forradiographic exposure devices, shall have no ra-diation level in excess of 200 milliroentgens perhour at any exterior surface, or in excess of 10milliroentgens per hour at one meter from anyexterior surface. The radiation level emanatingfrom a device or container shall be measured withthe sealed source in the shielded position. (Au-thorized by and implementing K.S.A. 1984 Supp.48-1607; effective Jan. 1, 1970; amended May 1,1976; amended, T-85-43, Dec. 19, 1984; amendedMay 1, 1985.)

28-35-276. Locking sources of radia-tion. (a) Each radiographic exposure device shallhave a lock or outer locked container designed toprevent unauthorized or accidental removal of thesealed source from its shielded position. The ex-posure device or its container, or both, shall bekept locked when not under the direct surveil-lance of a radiographer or a radiographer’s assis-tant except at permanent radiographic installa-tions as specified in K.A.R. 28-35-285. In addition,during radiographic operations the sealed sourceassembly shall be secured in the shielded positioneach time the source is returned to that position.

(b) Each sealed source storage container andsource changer shall have a lock or outer lockedcontainer designed to prevent unauthorized or ac-cidental removal of the sealed source from itsshielded position. Storage containers and sourcechangers shall be kept locked when containingsealed sources except when under the direct sur-veillance of a radiographer or a radiographer’s as-sistant or when being transported.

(c) The control panel of each radiation ma-

chine shall be equipped with a lock that preventsthe unauthorized use of an X-ray system or theaccidental production of radiation. Each radiationmachine shall be kept locked with the key re-moved at all times, except when the machine isunder the direct visual surveillance of a radiog-rapher or a radiographer’s assistant.

(d) Storage precautions. All locked radio-graphic exposure devices, storage containers, andsource changers shall be physically secured to pre-vent tampering or removal by unauthorized per-sonnel. (Authorized by and implementing K.S.A.48-1607; effective Jan. 1, 1970; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985;amended Sept. 20, 1993; amended Dec. 30,2005.)

28-35-277. (Authorized by and imple-menting K.S.A. 1984 Supp. 48-1607; effective Jan.1, 1970; amended, T-85-43, Dec. 19, 1984;amended May 1, 1985; revoked Dec. 30, 2005.)

28-35-277a. Conducting industrial ra-diographic operations. (a) If radiography is per-formed at a location other than a permanent radi-ographic installation, the radiographer shall beaccompanied by at least one other qualified radi-ographer or an individual who has at a minimummet the requirements specified in K.A.R. 28-35-289. The additional qualified individual shall ob-serve the operations and shall be capable of provid-ing immediate assistance to prevent unauthorizedentry. Radiography shall not be performed if onlyone qualified individual is present.

(b) All radiographic operations shall be con-ducted in a permanent radiographic installationunless otherwise specifically authorized by thesecretary.

(c) Except when physically impossible, colli-mators shall be used in industrial radiographic op-erations that use radiographic exposure devicesthat allow the source to be moved out of thedevice.

(d) Any licensee or registrant may conduct lay-barge, offshore-platform, or underwater radiog-raphy only if the licensee’s or registrant’s proce-dures have been approved by the secretary, thenuclear regulatory commission, or another agree-ment state. (Authorized by and implementingK.S.A. 48-1607; effective Dec. 30, 2005.)

28-35-278. Radiation survey instru-ments. (a) Each licensee or registrant shall main-tain calibrated and operable radiation survey in-

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struments to make physical radiation surveys asrequired by this part. The instrumentation re-quired by this subsection shall have a range ca-pable of measuring two milliroentgens per hourthrough one roentgen per hour.

(b) Each radiation survey instrument shall becalibrated as follows:

(1) At energies appropriate for use;(2) at intervals not to exceed six months and

after each instrument servicing;(3) with a demonstrated accuracy within plus

or minus 20 percent; and(4)(A) For linear scale instruments, at two

points located approximately one-third and two-thirds of full scale on each scale;

(B) for logarithmic scale instruments, at mid-range of each decade and at two points of at leastone decade; and

(C) for digital instruments, at three points be-tween two and 1,000 mrem per hour.

(c) Each licensee or registrant shall maintainrecords of the calibrations specified in this regu-lation for two years after the calibration date. (Au-thorized by and implementing K.S.A 48-1607; ef-fective Jan. 1, 1970; amended, T-85-43, Dec. 19,1984; amended May 1, 1985; amended Dec. 30,2005.)

28-35-279. Leak testing, repair, tag-ging, opening, modification, and replace-ment of sealed sources. (a) The replacement ofany sealed source fastened to, or contained in, aradiographic exposure device, leak testing, repair,tagging, opening, and any other action involving asealed source shall be performed only by personsspecifically authorized to do so by the department,the United States nuclear regulatory commission,or an agreement state.

(b) Each sealed source shall be tested for leak-age at intervals not to exceed six months. In theabsence of a certificate from a transferor that aleak test has been made within the six-month pe-riod before transfer, the sealed source shall not beput into use until leak tested.

(c) The leak test shall be capable of detectingthe presence of 0.005 microcuries of removablecontamination. Leak tests shall be performed bywiping appropriate accessible surfaces and meas-uring the level of transferred contamination onthe wipes. Records of leak test results shall bekept in units of microcuries and maintained fortwo years.

(d) If any leak test reveals the presence of

0.005 microcuries or more of removable radioac-tive material, the sealed source shall be consid-ered to be leaking. The licensee shall immediatelywithdraw the equipment involved from use andshall cause the equipment to be decontaminatedand repaired, or to be disposed of, in accordancewith these regulations. Within five days after ob-taining results of any leak test indicating a leakingsource, the licensee shall file a report with thedepartment describing the equipment involved,the test results, and the corrective action taken, ifany.

(e)(1) Each exposure device using depleteduranium (DU) shielding and an S-tube configu-ration shall be tested for DU contamination atleast each 12 months. The test shall be capable ofdetecting the presence of 0.005 microcuries of ra-dioactive material on the test sample and shall beperformed by a person specifically authorized toperform the test by the department, the nuclearregulatory commission, or another agreementstate. The records of each DU contamination testshall be retained for two years.

(2) If the test reveals the presence of DU con-tamination, the exposure device shall be removedfrom use until an evaluation of any degenerationof the S-tube is made. If the evaluation revealsthat the S-tube is worn through, the device shallnot be used again. DU-shielded devices shall notbe required to be tested for DU contaminationwhile in storage and not in use. Before using ortransferring the device, the device shall be testedfor DU contamination if the interval of storageexceeded 12 months. (Authorized by and imple-menting K.S.A. 48-1607; effective Jan. 1, 1970;amended May 1, 1976; amended, T-85-43, Dec.19, 1984; amended May 1, 1985; amended Dec.30, 2005.)

28-35-280. Quarterly inventory. Each li-censee shall conduct a quarterly inventory to ac-count for all sealed sources and for all devices con-taining depleted uranium received or possessedby the licensee. The licensee shall maintain theseinventory records for two years following the dateof the inventory and shall include the followinginformation:

(a) The quantities and kinds of sources and de-vices containing depleted uranium inventoried;

(b) the location of the sources and devices con-taining depleted uranium at the time of inventory;and

(c) the date on which the inventory was con-


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ducted. (Authorized by and implementing K.S.A.48-1607; effective Jan. 1, 1970; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985;amended Dec. 30, 2005.)

28-35-281. Utilization logs. (a) Each li-censee or registrant shall maintain a log for eachsource of radiation, which shall contain the follow-ing information:(1) The make and model number, or a detailed

description, of the source of radiation or storagecontainer to which the log pertains;(2) the name and signature of the radiographer

to whom the source or container is assigned;(3) the plant or site where the source or con-

tainer is used;(4) the date or dates when the source or con-

tainer is used; and(5) the voltage, current, and exposure time for

each radiographic exposure made with a radiationmachine.(b) Each licensee or registrant shall retain the

logs required by this regulation for three years.(Authorized by and implementing K.S.A. 48-1607;effective Jan. 1, 1970; amended, T-85-43, Dec. 19,1984; amended May 1, 1985; amended Dec. 30,2005.)

28-35-282. General requirements. (a)Each radiographer’s assistant shall be under thepersonal supervision of a radiographer when usingany radiographic exposure device, any associatedequipment, or a sealed source, or while conduct-ing radiation surveys to determine that the sealedsource has returned to the shielded position orthat the radiation machine is shut off after eachexposure. The personal supervision shall includethe following:(1) The radiographer’s physical presence at the

site where the sources of radiation are being used;(2) the availability of the radiographer to pro-

vide immediate assistance, if required; and(3) the radiographer’s direct observation of the

assistant’s performance of the operations.(b) Each licensee or registrant shall conduct an

internal audit program to ensure that the agency’sradioactive material license conditions and the li-censee’s or registrant’s operating and emergencyprocedures are followed by each radiographer andradiographer’s assistant. These internal auditsshall be performed at least quarterly, and eachradiographer shall be audited at least quarterly. Arecord of each internal audit shall be maintainedfor departmental inspection for two years after the

date of the audit. (Authorized by and implement-ing K.S.A. 48-1607; effective Jan 1, 1970;amended May 1, 1976; amended, T-85-43, Dec.19, 1984; amended May 1, 1985; amended Sept.20, 1993; amended Dec. 30, 2005.)

28-35-282a. Inspection and mainte-nance of radiation machines, radiographicexposure devices, transport and storage con-tainers, associated equipment, source chang-ers, and survey instruments. (a) Each licenseeor registrant shall perform visual and operabilitychecks on the survey meters, radiation machines,radiographic exposure devices, each transport andstorage container, and any associated equipmentand source changers before each day’s use, oreach work shift, to ensure that all of the followingconditions are met:(1) The equipment is in good working

condition.(2) The sources are shielded.(3) The required labeling is present.(b) Survey instrument operability shall be per-

formed by using check sources or other appropri-ate means.(c) If equipment problems are found, the

equipment shall be removed from service untilrepaired.(d) Each licensee or registrant shall have writ-

ten procedures for and shall perform inspectionsand routine maintenance on the radiation ma-chines, radiographic exposure devices, sourcechangers, associated equipment, transport andstorage containers, and survey instruments. Theinspections and maintenance shall occur at leastevery three months or before the next use to en-sure the proper functioning of components im-portant to safety. If equipment problems arefound, the equipment shall be removed from serv-ice until repaired.(e) The licensee’s inspection and maintenance

program shall include procedures to ensure thattype B packages are shipped and maintained inaccordance with the certificate of compliance orother type of approval.(f) Each licensee or registrant shall maintain

records of inspection, equipment problems, andany maintenance performed under this regulationfor three years. These records shall indicate thefollowing:(1) The date of the check or inspection;(2) the name of the inspector;(3) the equipment modified;

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(4) any problems found; and(5) any repairs needed and any maintenance

and equipment problems found. (Authorized byand implementing K.S.A. 48-1607; effective Dec.30, 2005.)

28-35-282b. Permanent radiographicinstallations. (a) Each entrance that is used foraccess by personnel to the high-radiation area ina permanent radiographic installation shall haveeither of the following:

(1) An entrance control of the type describedin K.A.R. 28-35-219a that causes the radiationlevel upon entry into the area to be reduced; or

(2) both conspicuous visible and audible warn-ing signals to warn of the presence of radiation.The visible signal shall be actuated by radiationwhenever the source is exposed or the machine isenergized. The audible signal shall be actuatedwhenever an attempt is made to enter the instal-lation while the source is exposed or the machineis energized.

(b) The alarm system shall be tested for properoperation with a radiation source each day beforethe installation is used for radiographic opera-tions. The test shall include a check of both thevisible and audible signals. Entrance control de-vices that reduce the radiation level upon entry asspecified in paragraph (a) (1) shall be testedmonthly.

(c) If an entrance control device or an alarm isoperating improperly, the device or alarm shall beimmediately labeled as defective and repairedwithin seven calendar days. The facility may con-tinue to be used during this seven-day period, ifthe licensee or registrant implements the contin-uous surveillance requirements of K.A.R. 28-35-285 and uses an alarming ratemeter.

(d) The test records for entrance controls andaudible and visual alarms shall be maintained forthree years. (Authorized by and implementingK.S.A. 48-1607; effective Dec. 30, 2005.)

28-35-282c. Labeling, storage, andtransportation. (a) The licensee shall not use asource changer or storage container to store ra-dioactive material unless the source changer orthe storage container has securely attached to it adurable, legible, and clearly visible label thatmeets the following requirements:

(1) Bears the standard trefoil radiation cautionsymbol in conventional colors, which shall includemagenta, purple, and black on a yellow background;

(2) has a minimum diameter of 25 mm; and

(3) displays the following wording:

CAUTION [or ‘‘DANGER’’]RADIOACTIVE MATERIAL

NOTIFY CIVIL AUTHORITIES [ or‘‘NAME OF COMPANY’’]

(b) The licensee shall not transport radioactivematerial unless the material is packaged and thepackage is labeled, marked, and accompaniedwith appropriate shipping papers in accordancewith U.S. department of transportationregulations.

(c) Radiographic exposure devices, sourcechangers, storage containers, and radiation ma-chines shall be physically secured to prevent tam-pering or removal by unauthorized personnel.The licensee shall store all radioactive material ina manner that will minimize danger from explo-sion or fire.

(d) The licensee shall lock and physically se-cure all transport packages containing radioactivematerial in the transporting vehicle to prevent ac-cidental loss, tampering, and unauthorizedremoval.

(e) The licensee’s name and the name of thecity or town where the main business office is lo-cated shall be prominently displayed by affixing adurable, clearly visible label on each side of anyvehicle used to transport radioactive material orradiation machines for temporary use at a job site.(Authorized by and implementing K.S.A. 48-1607;effective Dec. 30, 2005.)

28-35-282d. Radiation safety officer.Each radiation safety officer shall ensure that ra-diation safety activities are being performed in ac-cordance with approved procedures and regula-tory requirements in the daily operation of thelicensee’s or registrant’s program.

(a) The minimum qualifications, training, andexperience for a radiation safety officer for indus-trial radiography shall be the following:

(1) Completion of the training and testingrequirements of K.A.R. 28-35-289;

(2) 2,000 hours of hands-on experience as aqualified radiographer in industrial radiographicoperations; and

(3) formal training in the establishment andmaintenance of a radiation protection program.

(b) Alternatives to the requirements specifiedin subsection (a) may be considered by the sec-retary if the radiation safety officer has trainingand experience in the field of ionizing radiation


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and, in addition, has adequate formal training withrespect to the establishment and maintenance ofa radiation safety protection program.

(c) The specific duties and authorities of theradiation safety officer shall include the following:

(1) Establishing and overseeing all operating,emergency, and ALARA procedures as requiredby part 4 of these regulations and reviewing theprocedures regularly to ensure that the proce-dures conform to the department’s regulationsand to the license or registration conditions;

(2) overseeing and approving the training pro-gram for radiographic personnel to ensure thatappropriate and effective radiation protectionpractices are taught;

(3) ensuring that required radiation surveysand leak tests are performed and documented inaccordance with these regulations, including anycorrective measures when levels of radiation ex-ceed established limits;

(4) ensuring that personnel monitoring devicesare calibrated, if applicable, and used properly,that records are kept of the monitoring results,and that timely notifications are made as requiredby part 4 of these regulations; and

(5) ensuring that operations are conductedsafely and for implementing corrective actions in-cluding terminating operations.

(d) Each licensee and registrant shall have twoyears after the effective date of this regulation tomeet the requirements of K.A.R. 28-35-282a andK.A.R. 28-35-282b. (Authorized by and imple-menting K.S.A. 48-1607; effective Dec. 30, 2005.)

28-35-283. Operating and emergencyprocedures. (a) At a minimum, the operating andemergency procedures of each licensee or regis-trant shall include instructions in the followingareas:

(1) The proper handling and use of sources ofradiation, so that no person is likely to receive aradiation exposure in excess of the limits specifiedin part 4 of these regulations;

(2) the methods of, and occasions for, con-ducting radiation surveys;

(3) the methods of controlling access to areaswhere radiography is being performed;

(4) the methods of, and occasions for, lockingand securing sources of radiation, transport con-tainers, storage containers, and exposure devices;

(5) personnel monitoring and the use of per-sonnel-monitoring equipment, including stepsthat shall be taken immediately by radiography

personnel if a pocket dosimeter is found to be off-scale;

(6) transporting sources of radiation to field lo-cations, including packing sources of radiation ina vehicle, posting signs or placards on a vehicle inwhich a source of radiation is to be transported,and controlling sources of radiation duringtransportation;

(7) the procedures for minimizing the expo-sure of individuals if an accident, including asource disconnect, transport accident, or loss of asource of radiation, occurs;

(8) source recovery procedures if the licenseewill perform source recoveries;

(9) the procedures for notifying the appropri-ate persons if an accident occurs;

(10) the maintenance of records; and(11) the inspection, maintenance, and opera-

bility checking of radiographic exposure devices,storage containers, transport containers, radiationmachines, survey instruments, and alarmingratemeters.

(b) Each licensee shall maintain a copy of thecurrent operating and emergency procedures un-til the department terminates the license. A copyof all superceded operating and emergency pro-cedures shall be maintained for three years afterthe procedures have been superceded. (Author-ized by and implementing K.S.A. 48-1607; effec-tive Jan. 1, 1970; amended Jan. 1, 1972; amended,T-85-43, Dec. 19, 1984; amended May 1, 1985;amended Dec. 30, 2005.)

28-35-284. Personnel monitoring. (a)The licensee or registrant shall not permit any in-dividual to act as a radiographer or a radiogra-pher’s assistant unless, at all times during radio-graphic operations, each individual wears on thetrunk of the body a personnel-monitoring device(PMD) as specified in K.A.R. 28-35-217a, a directreading dosimeter, and an alarming ratemeter. Atpermanent radiographic installations where otherappropriate alarming or warning devices are inroutine use and during radiographic operationsusing radiation machines, the use of an alarmingratemeter shall not be required.

(1) Each pocket ion-chamber dosimeter shallhave a range from zero to 200 mrem and shall berecharged at the start of each work shift. Elec-tronic personal dosimeters may be used in placeof only pocket ion-chamber dosimeters.

(2) Each PMD shall be assigned to and wornby only one individual.

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(3) Each PMD shall be exchanged at leastmonthly.

(4) After replacement, each PMD shall be re-turned to the supplier for processing within 14calendar days after the end of the monitoring pe-riod, or as soon as practicable. In circumstancesthat make it impossible to return each PMDwithin 14 calendar days, these circumstances shallbe documented and available for review by thedepartment.

(b) Direct reading dosimeters, includingpocket ion-chamber dosimeters and electronicpersonal dosimeters, shall be read and the expo-sures shall be recorded at the beginning and endof each work shift, and records shall be main-tained for two years.

(c) All pocket ion-chamber dosimeters andelectronic personal dosimeters shall be checked atleast each 12 months for the proper response toand the accurate measurement of radiation, andrecords shall be maintained for two years. An ac-ceptable reading on each dosimeter shall bewithin plus or minus 30 percent of the true radi-ation exposure.

(d) If an individual’s pocket ion-chamber do-simeter is found to be off-scale or if an electronicpersonal dosimeter reads greater than 200 mrem,the individual’s PMD shall be sent for processingwithin 24 hours. In addition, the individual shallnot resume any work associated with the use ofsources of radiation until a determination of theamount of individual’s radiation exposure is made.This determination shall be made by the radiationsafety officer or the radiation safety officer’s des-ignee. The results of this determination shall beincluded in the records.

(e) If an individual’s PMD is lost or damaged,the individual shall cease work immediately untila replacement PMD is provided and the exposureis calculated for the time period from issuance toloss or damage of the PMD. The results of thecalculated exposure and the time period duringwhich the PMD was lost or damaged shall be in-cluded in the records.

(f) Each licensee or registrant shall ensure thateach alarming ratemeter meets the followingrequirements:

(1) Is checked to ensure that the alarm func-tions properly before using at the start of eachshift;

(2) is set to give an alarm signal at a preset doserate of 500 mrem per hour, with an accuracy of

plus or minus 20 percent of the true radiationdose rate;

(3) requires a special means to change the pre-set alarm function; and

(4) is calibrated at least each 12 months for theaccurate measurement of radiation.

(g) Records of personnel-monitoring proce-dures. Each licensee or registrant shall maintainthe following exposure records:

(1) Direct reading dosimeter readings andyearly operability checks for two years after therecord is made;

(2) records of alarm ratemeter calibrations fortwo years after the record is made;

(3) PMD results received from the accreditedNVLAP processor until the department termi-nates the license; and

(4) records of exposure estimates as a result ofany direct reading dosimeter that reads off-scaleor any lost or damaged personnel-monitoringequipment, until the department terminates thelicense. (Authorized by and implementing K.S.A.48-1607; effective Jan. 1, 1970; amended Jan. 1,1972; amended, T-85-43, Dec. 19, 1984; amendedMay 1, 1985; amended Sept. 20, 1993; amendedDec. 30, 2005.)

28-35-285. Surveillance. During each ra-diographic operation, the radiographer or radi-ographer’s assistant shall maintain direct visualsurveillance of the operation to protect againstunauthorized entry into the high-radiation area,except under either of the followingcircumstances:

(a) If the high-radiation area is equipped witha control device or an alarm system as specifiedin K.A.R. 28-35-219a; or

(b) if the high-radiation area is locked to pro-tect against unauthorized or accidental entry. (Au-thorized by and implementing K.S.A. 48-1607; ef-fective Jan. 1, 1970; amended, T-85-43, Dec. 19,1984; amended May 1, 1985; amended Sept. 20,1993; amended Dec. 30, 2005.)

28-35-286. Posting. Any area in which ra-diography is being performed shall be conspicu-ously posted in the manner required by K.A.R. 28-35-219a. (Authorized by and implementing K.S.A.1984 Supp. 48-1607; effective Jan. 1, 1970;amended, T-85-43, Dec. 19, 1984; amended May1, 1985.)

28-35-287. Radiation surveys and sur-vey records. (a) No radiographic operation shall


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be conducted unless calibrated and operable ra-diation survey instruments, as specified in K.A.R.28-35-278, are available and used at each sitewhere radiographic exposures are made.(b) A survey using a radiation survey instru-

ment shall be made after each radiographic ex-posure to determine that the sealed source hasbeen returned to its shielded position. The entirecircumference of the radiographic exposure de-vice shall be surveyed. If the radiographic expo-sure device has a source guide tube, the surveyshall include the guide tube.(c) Before securing in a storage area any radi-

ographic exposure device, storage container, orsource changer in the manner specified in K.A.R.28-35-276, a survey using a radiation survey in-strument shall be made to determine that eachsealed source is in the shielded position.(d) A record shall be kept of each survey per-

formed for two years to comply with this regula-tion. (Authorized by and implementing K.S.A. 48-1607; effective Jan. 1, 1970; amended Jan. 1, 1972;amended, T-85-43, Dec. 19, 1984; amended May1, 1985; amended Sept. 20, 1993; amended Dec.30, 2005.)

28-35-288. Special requirements andexemptions for enclosed radiography. (a)Each licensee or registrant shall ensure that eachsystem for enclosed radiography that is designedto allow the admittance of any individual meetsthe following:(1) Meets all applicable requirements of this

part and K.A.R. 28-35-214a if the system is not acertified cabinet X-ray system;(2) meets all applicable requirements of this

part and has been certified by the FDA as com-pliant with the requirements specified in 21 CFR1020.40, if the system is a certified cabinet X-raysystem; and(3) is evaluated, at intervals not to exceed one

year, to ensure compliance with the applicablerequirements specified in paragraphs (1) or (2) ofthis subsection. A record of each evaluation shallbe maintained for two years after the evaluation.(b) Each cabinet X-ray system designed to ex-

clude any individual shall be exempt from therequirements of K.A.R. 28-35-276, K.A.R. 28-35-278, K.A.R. 28-35-281, K.A.R. 28-35-282, K.A.R.28-35-283, K.A.R. 28-35-284, K.A.R. 28-35-285,K.A.R. 28-35-286, and K.A.R. 28-35-289 with thefollowing exceptions:(1) Operating personnel shall be provided with

personnel-monitoring equipment as specified inK.A.R. 28-35-217a.(2) A registrant shall not permit any individual

to operate a cabinet x-ray system until that indi-vidual has received a copy of and instruction inthe operating procedures for the unit and hasdemonstrated competence in its use. A recordthat demonstrates compliance with this paragraphshall be maintained for inspection by the depart-ment until disposition is authorized by thedepartment.(3) A test for proper operation of each high-

radiation area control device or alarm system,where applicable, shall be conducted and re-corded as specified in K.A.R. 28-35-288(e).(c) Each permanent radiographic installation

having any high-radiation area entrance control ofthe type specified in K.A.R. 28-35-219a shall alsomeet the following requirements:(1) Each entrance that is used for personnel

access to the high-radiation area in a permanentradiographic installation shall have both a visibleand an audible warning signal to warn of the pres-ence of radiation.(2) The visible signal shall be activated by ra-

diation whenever the source is exposed. The au-dible signal shall be activated if an attempt is madeto enter the installation while the source isexposed.(e) The control device or alarm system shall be

tested for proper operation at the beginning ofeach period of use. A record of each test shall beprepared quarterly or before the first use after theend of the quarter. Each record shall be main-tained for inspection by the department until thesecretary authorizes disposal of the record. (Au-thorized by and implementing K.S.A. 48-1607; ef-fective Jan. 1, 1970; amended, T-85-43, Dec. 19,1984; amended May 1, 1985; amended Sept. 20,1993; amended Dec. 30, 2005.)

28-35-289. Training requirements. (a)The licensee or registrant shall not permit any in-dividual to act as a radiographer until the individ-ual has completed both of the following:(1) At least 40 hours of training in the subjects

specified in subsection (g) of this regulation; and(2) one of the following types of on-the-job

training consisting of hands-on experience underthe supervision of a radiographer and certificationthrough a radiographer certification program by acertifying entity as specified in K.A.R. 28-35-293:(A) If the individual will be performing indus-

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trial radiography utilizing radioactive material, on-the-job training that includes at least two monthsor 320 hours of active participation in the per-formance of industrial radiography utilizing radi-oactive material;

(B) if the individual will be performing indus-trial radiography utilizing radiation machines, on-the-job training that includes at least one monthor 160 hours of active participation in the per-formance of industrial radiography utilizing radi-ation machines; or

(C) if the individual will be performing indus-trial radiography utilizing radioactive material andradiation machines, both segments of the on-the-job training specified in paragraphs (a)(2)(A) and(B).

(b) The licensee or registrant shall not permitany individual to act as a radiographer until theindividual meets the following requirements:

(1) Has received the following:(A) A copy of and instruction in the require-

ments contained in this part;(B) a copy of the applicable portions of parts 4

and 10 of these regulations;(C) the license or registration under which the

radiographer will perform industrial radiography;and

(D) a copy of the licensee’s or registrant’s op-erating and emergency procedures;

(2) has demonstrated an understanding of thematerial listed in paragraphs (b)(1) (A) through(D) by successful completion of a written or oralexamination;

(3) has received training in the use of the reg-istrant’s radiation machines, or the licensee’s ra-diographic exposure services and sealed sources,in the daily inspection of devices and associatedequipment and in the use of radiation survey in-struments; and

(4) has demonstrated an understanding of theuse of the equipment specified in paragraph (b)(3)by successful completion of a practicalexamination.

(c) The licensee or registrant shall not permitany individual to act as a radiographer’s assistantuntil the individual meets the followingrequirements:

(1) Has received the following:(A) A copy of and instruction in the require-

ments contained in this part;(B) a copy of the applicable portions of parts 4

and 10 of these regulations;(C) the license or registration under which the

radiographer’s assistant will perform industrial ra-diography; and

(D) a copy of the licensee’s or registrant’s op-erating and emergency procedures;

(2) has demonstrated an understanding of thematerial listed in paragraphs (c)(1) (A) through(D) by successful completion of a written or oralexamination;

(3) under the personal supervision of a radi-ographer, has received training in the use of theregistrant’s radiation machines, or the licensee’sradiographic exposure devices and sealed sources,in the daily inspection of devices and associatedequipment and in the use of radiation survey in-struments; and

(4) has demonstrated an understanding of theuse of the equipment specified in paragraph (c)(3)by successful completion of a practicalexamination.

(d) Each radiographer and radiographer’s as-sistant shall receive the annual refresher safetytraining at least every 12 months.

(e) The radiation safety officer or designeeshall conduct an inspection program of the jobperformance of each radiographer and radiogra-pher’s assistant to ensure that the department’sregulations, the license or registration require-ments, and the operating and emergency proce-dures are followed. Alternatives may be consid-ered by the secretary if the individual serves asboth radiographer and radiation safety officer. Inthose operations in which a single individualserves as both radiographer and radiation safetyofficer and performs all radiography operations,an inspection program shall not be required. Theinspection program shall include the following:

(1) Observation of the performance of each ra-diographer and radiographer’s assistant during anactual industrial radiographic operation, at leastevery six months; and

(2) a provision that, if a radiographer or a ra-diographer’s assistant has not participated in anindustrial radiographic operation for more than sixmonths since the last inspection, the radiographershall demonstrate knowledge of the trainingrequirements of paragraph (b)(3) and the radi-ographer’s assistant shall demonstrate knowledgeof the training requirements of paragraph (c)(3)by a practical examination before these individualsare allowed to participate in a radiographicoperation.

(f) Each licensee or registrant shall maintainthe following:


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(1) Records of the training of each radiogra-pher and radiographer’s assistant. These recordsshall include radiographer certification docu-ments and verification of certification status, cop-ies of written tests, dates of oral and practical ex-aminations, the names of individuals conductingand receiving the oral and practical examinations,a list of the subjects tested, and the results of theoral and practical examinations; and

(2) records of annual refresher safety trainingand semiannual inspections of job performancefor each radiographer and each radiographer’s as-sistant. These records shall list the topics dis-cussed during the refresher safety training, thedate or dates on which the annual refresher safetytraining was conducted, and the names of the in-structors and attendees. For inspections of jobperformance, the records shall also include a listshowing the items checked and any noncompli-ance observed by the radiation safety officer.

(g) The training of each licensee or registrantshall include information about the following:

(1) Fundamentals of radiation safety, includingthe following:

(A) The characteristics of gamma radiation andX-radiation;

(B) the units of radiation dose and activity;(C) the hazards of exposure to radiation;(D) the levels of radiation from different

sources of radiation; and(E) the methods of controlling radiation dose

using time, distance, and shielding;(2) radiation detection instruments, including

the following:(A) The use, operation, calibration, and limi-

tations of radiation survey instruments;(B) survey techniques; and(C) the use of personnel-monitoring

equipment;(3) the equipment to be used, including the

following:(A) The operation and control of radiographic

exposure equipment, remote handling equip-ment, and storage containers, including picturesor models of source assemblies;

(B) the operation and control of radiationmachines;

(C) the storage, control, and disposal ofsources of radiation; and

(D) inspection and maintenance of equipment;(4) the requirements of state and federal reg-

ulations; and(5) case histories of accidents in radiography.

(Authorized by and implementing K.S.A. 48-1607;effective Jan. 1, 1970; amended May 1, 1976;amended, T-85-43, Dec. 19, 1984; amended May1, 1985; amended Dec. 30, 2005; amended July27, 2007.)

28-35-290. Reports of incidents or of

lost or stolen sources. (a) Each licensee or reg-istrant shall provide a written report of all eventsinvolving radiography devices and licensed mate-rial as specified in K.A.R. 28-35-184b, K.A.R. 28-35-228a, K.A.R. 28-35-229a, and K.A.R. 28-35-230a.

(b) In addition to the requirements in subsec-tion (a), each licensee or registrant shall providea written report to the department within 30 daysafter the occurrence of any of the following inci-dents involving radiographic equipment:

(1) Unintentional disconnection of the sourceassembly from the control cable;

(2) inability to retract the source assembly toits fully shielded position and secure the sourceassembly in this position; or

(3) failure of any component that is critical tosafe operation of the device to perform its in-tended function.

(c) Each licensee or registrant shall include thefollowing information with each report submittedunder subsection (b):

(1) A description of the equipment problem;(2) a description of the cause of each incident,

if known;(3) the name of the manufacturer and the

model number of the equipment involved in theincident;

(4) the place, time, and date of incident;(5) a description of the actions taken to estab-

lish normal operations;(6) a description of all corrective actions taken

or planned to prevent reoccurrence; and(7) a description of the qualifications of the

personnel involved in the incident.(d) Each report of overexposure submitted

pursuant to these regulations that involves failureof the safety components of radiography equip-ment shall also include the information specifiedin subsection (c).

(e) Each licensee or registrant conducting ra-diographic operations or storing sources of radia-tion at any location not listed on the license orregistration for a period in excess of 180 days in acalendar year shall notify the department beforeexceeding the 180 days. (Authorized by and im-

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plementing K.S.A. 48-1607; effective Nov. 1,1996; amended Dec. 30, 2005.)

28-35-291. Performance requirementsfor radiography equipment. (a) Each radio-graphic exposure device and all associated equip-ment shall have been certified by the NRC ascompliant with the requirements specified in ‘‘ra-diological safety for design and construction of ap-paratus for gamma radiography,’’ published by theAmerican national standards institute as NBShandbook 136, issued January 1981, ANSI N432-1980 standards. As an alternative, any licensee orapplicant may submit an engineering analysisdemonstrating that testing previously performedon similar individual radiography components isadequate to support a finding that the previoustesting is an acceptable substitute for that de-scribed in the N432-1980 standards.(b) In addition to the requirements specified

in subsection (a), the licensee shall ensure thateach radiographic exposure device and all associ-ated equipment meet the following requirements.(1) Each user of a radiographic exposure de-

vice shall attach to the device a durable, legible,clearly visible label bearing the followinginformation:(A) The chemical symbol and mass number of

the radionuclide in the device;(B) the radioactive activity level and the date

on which this activity was last measured;(C) the model number and serial number of

the sealed source;(D) the manufacturer of the sealed source; and(E) the licensee’s name, address, and tele-

phone number.(2) Each radiographic exposure device in-

tended for use as a type B transport containershall have been certified by the NRC as compliantwith the applicable requirements of 10 C.F.R.71.51.(3) The licensee shall not modify any exposure

device or associated equipment in a manner thatcompromises the design safety features of thesystem.(c) In addition to the requirements specified in

subsections (a) and (b), the licensee shall ensurethat each radiographic exposure device and theassociated equipment that allows the source to bemoved out of the device for routine operationmeet the following requirements.(1) The coupling between the source assembly

and the control cable shall be designed so that the

source assembly cannot become disconnected ifcranked outside the guide tube. The couplingshall be designed to prevent an unintentional dis-connection under normal conditions and reason-ably foreseeable abnormal conditions.(2) The device shall automatically secure the

source assembly when the source assembly iscranked back into the fully shielded position in thedevice. A deliberate operation on the exposure de-vice shall be required to release the sourceassembly.(3) The outlet fitting, lock box, and drive cable

fittings on each radiographic exposure device shallbe equipped with safety plugs or covers, whichshall be installed during storage and transporta-tion to protect the source assembly from water,mud, sand, and other foreign matter.(4) Each sealed source or source assembly shall

have attached to it or engraved on it a durable,legible, visible label with these words: ‘‘DANGERRADIOACTIVE.’’ The label shall not interferewith the safe operation of the exposure device orthe associated equipment.(5) Each sealed source that is not fastened to,

or contained in, a radiographic exposure deviceshall have a durable tag permanently attached tothe sealed source. The tag shall measure at leastone square inch and shall bear the radiation sym-bol described in K.A.R. 28-35-219a and, at a min-imum, the following instructions: ‘‘Danger—Radioactive Material—Do Not Handle—NotifyCivil Authorities If Found.’’(6) The guide tube shall have passed the crush-

ing tests for the control tube as specified in ANSIN432-1980 standards and a kinking resistence testthat closely approximates the kinking forces likelyto be encountered during use.(7) Guide tubes shall be used when moving the

source out of the device.(8) An exposure head or similar device shall be

used to prevent the source assembly from passingout of the end of the guide tube during radio-graphic operations.(9) The guide tube exposure head connection

shall be able to withstand the tensile test for con-trol units specified in ANSI N432-1980 standards.(10) Each source changer shall provide a sys-

tem for ensuring that the source can not acciden-tally be withdrawn from the changer when con-necting or disconnecting the drive cable to orfrom a source assembly.(d) Each licensee shall ensure that all newly

manufactured radiographic exposure devices and


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the associated equipment acquired after January10, 1995 meet the requirements of this regulation.

(e) Each licensee shall ensure that all radio-graphic exposure devices and associated equip-ment used by the licensee after January 10, 1995meet the requirements of this regulation.

(f) Any licensee may use equipment in indus-trial radiographic operations that does not complywith section 8.9.2(c) of the endurance test inANSI N432-1980 standards, if prototype equip-ment has been tested using a torque that an in-dividual using the radiography equipment can re-alistically exert on the lever or crankshaft of thedrive mechanism. (Authorized by and imple-menting K.S.A. 48-1607; effective Nov. 1, 1996;amended Dec. 30, 2005.)

28-35-292. Location of documents andrecords. (a) Each licensee or registrant shallmaintain copies of records required by this partand other applicable parts of these regulations.

(b) Each licensee or registrant shall also main-tain current copies of the following documents orrecords sufficient to demonstrate compliance ateach applicable field station and each temporaryjob site:

(1) The license or registration authorizing theuse of sources of radiation;

(2) a copy of parts 1, 4, 7, and 10 of theseregulations;

(3) the utilization logs for each source of radi-ation dispatched from that location;

(4) the records of any equipment problemsidentified in daily checks of equipment;

(5) the records of alarm systems and entrancecontrol checks, if applicable;

(6) the records of all dosimeter readings;(7) the operating and emergency procedures;(8) evidence of the latest calibration of the ra-

diation survey instruments in use at the site;(9) evidence of the latest calibrations of

alarming ratemeters and operability checks ofdosimeters;

(10) the survey records for the period of op-eration at the site;

(11) the shipping papers for the transportationof radioactive materials; and

(12) when operating under reciprocity pursu-ant to part 3 of these regulations, a copy of theapplicable state license or registration, or nuclearregulatory commission license authorizing the useof sources of radiation. (Authorized by and imple-

menting K.S.A. 48-1607; effective Dec. 30, 2005;amended July 27, 2007.)

28-35-293. Requirements for an inde-pendent certifying organization. (a) Each in-dependent certifying organization shall be re-quired to meet the following conditions in orderto be recognized by the secretary:

(1) Be an organization, including a society orassociation, whose members participate in, orhave an interest in, the field of industrialradiography;

(2) make membership in the organization avail-able to the general public nationwide. Member-ship shall not be restricted because of race, color,religion, sex, age, national origin, or disability;

(3) have a certification program that is open tononmembers as well as members;

(4) be an incorporated, nationally recognizedorganization that is involved in setting nationalstandards of practice within its fields of expertise;

(5) have an adequate staff, a viable system forfinancing its operations, and a policy-making anddecision-making review board;

(6) have a set of written organizational bylawsand policies that provide adequate assurance oflack of conflict of interest and a system for mon-itoring and enforcing those bylaws and policies;

(7) have a committee, whose members shallcarry out their responsibilities impartially, to re-view and approve the certification guidelines andprocedures and to advise the organization’s staffin implementing the certification program;

(8) have a committee, whose members shallcarry out responsibilities impartially, to reviewcomplaints against certified individuals and to de-termine appropriate sanctions;

(9) have written procedures describing all as-pects of the organization’s certification programand maintain records of the current status of eachindividual’s certification and the administration ofthe organization’s certification program;

(10) have procedures to ensure that certified in-dividuals are provided due process with respect tothe administration of its certification program, in-cluding the process of becoming certified and anysanctions imposed against certified individuals;

(11) have procedures for proctoring examina-tions, including qualifications for proctors. Theseprocedures shall ensure that the individuals proc-toring each examination are not employed by thesame company or corporation, or by a wholly

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owned subsidiary of the company or corporation,as that of any of the examinees;

(12) exchange information about certified in-dividuals with the nuclear regulatory commission,other independent certifying organizations, andagreement states and allow periodic review of theorganization’s certification program and relatedrecords; and

(13) provide a description to the nuclear reg-ulatory commission of the organization’s proce-dures for choosing examination sites and for pro-viding an appropriate examination environment.

(b) Each certification program recognized bythe secretary shall meet the followingrequirements:

(1) Require applicants for certification to meetthe following requirements:

(A) Receive training in the topics specified inK.A.R. 28-35-289 or in equivalent state or nuclearregulatory commission regulations; and

(B) satisfactorily complete a written examina-tion covering the topics specified in paragraph(b)(1)(A);

(2) require each applicant for certification toprovide documentation demonstrating that theapplicant meets the following requirements:

(A) Receives training in the topics specified inK.A.R. 28-35-289 or in equivalent state or nuclearregulatory commission regulations;

(B) has satisfactorily completed a minimumperiod of on-the-job training as specified inK.A.R. 28-35-289; and

(C) receives verification by a state licensee orregistrant or a nuclear regulatory commission li-censee that the applicant has demonstrated thecapability of independently working as aradiographer;

(3) include procedures to ensure that all ex-amination questions are protected from wrongfuldisclosure;

(4) include procedures for denying an appli-cation and for revoking, suspending, and reinstat-ing a certification;

(5) provide a certification period of at leastthree years and not more than five years;

(6) include procedures for renewing certifica-tions and, if the procedures allow renewals with-out examination, require evidence of recent full-time employment and annual refresher training;and

(7) provide a timely response to inquiries frommembers of the public about an individual’s cer-tification status; and

(8) have requirements for written examinationsthat meet the following requirements:

(A) Are designed to test an individual’s knowl-edge and understanding of the topics specified inK.A.R. 28-35-289 or in equivalent state or nuclearregulatory commission regulations;

(B) are written in a multiple-choice format;and

(C) have test items drawn from a question bankcontaining psychometrically valid questions basedon the material specified in K.A.R. 28-35-289.(Authorized and implementing K.S.A. 48-1607;effective Dec. 30, 2005.)

28-35-294 to 28-35-295. Reserved.

PART 8.—RADIATION SAFETYREQUIREMENTS FOR ANALYTICAL X-RAY

EQUIPMENT

28-35-296. Purpose and scope. This partprovides special requirements for analytical x-rayequipment. The requirements of this part are inaddition to, and not in substitution for applicablerequirements in other parts of these regulations.(Authorized by K.S.A. 1975 Supp. 48-1607; effec-tive May 1, 1976.)

28-35-297. Equipment requirements.(A) Safety device. A device which prevents theentry of any portion of an individual’s body intothe primary x-ray beam path or which causes thebeam to be shut off upon entry into its path shallbe provided on all open-beam configurations. Alicensee and/or registrant may apply to the de-partment for an exemption from the requirementof a safety device. Such application shall include:(1) a description of the various safety devices thathave been evaluated, (2) the reason each of thesedevices cannot be used, and (3) a description ofthe alternative methods that will be employed tominimize the possibility of an accidental exposure,including procedures to assure that operators andothers in the area will be informed of the absenceof safety devices.

(B) Warning devices. Open-beam configura-tions shall be provided with a readily discernibleindication of: (1) x-ray tube status (on-off) locatednear the radiation source housing, if the primarybeam is controlled in this manner; and/or (2)Shutter status (open-closed) located near eachport on the radiation source housing, if the pri-mary beam is controlled in this manner. Warningdevices shall be labeled so that their purpose iseasily identified. On equipment installed after


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January 1, 1976, warning devices shall have fail-safe characteristics.

(C) Ports. Unused ports on radiation sourcehousings shall be secured in the closed position ina manner which will prevent casual opening.

(D) Labeling. All analytical x-ray equipmentshall be labeled with a readily discernible sign orsigns bearing the radiation symbol and the words:(1) ‘‘CAUTION—HIGH INTENSITY X-RAYBEAM,’’ or words having a similar intent, on thex-ray source housing; (2) ‘‘CAUTION RADIA-TION—THIS EQUIPMENT PRODUCES RA-DIATION WHEN ENERGIZED,’’ or wordshaving a similar intent, near any switch that en-ergizes an x-ray tube if the radiation source is anx-ray tube; or (3) ‘‘CAUTION—RADIOACTIVEMATERIAL,’’ or words having a similar intent, onthe source housing if the radiation source is aradionuclide.

(E) Shutters. On open-beam configurations in-stalled after January 1, 1976, each port on the ra-diation source housing shall be equipped with ashutter that cannot be opened unless a collimatoror a coupling has been connected to the port.

(F) Warning lights. An easily visible warninglight labeled with the words ‘‘X-RAY ON,’’ orwords having a similar intent, shall be located: (1)near any switch that energizes an x-ray tube andshall be illuminated only when the tube is ener-gized; or (2) in the case of a radioactive source,near any switch that opens a housing shutter, andshall be illuminated only when the shutter is open.On equipment installed after January 1, 1976,warning lights shall have fail-safe characteristics.

(G) Radiation source housing. Each x-ray tubehousing shall be so constructed that with all shut-ters closed the leakage radiation measured at adistance of five (5) centimeters from its surface isnot capable of producing a dose in excess of 2.5millirem in one hour at any specified tube rating.

(H) Generator cabinet. Each x-ray generatorshall be supplied with a protective cabinet whichlimits leakage radiation measured at a distance offive (5) centimeters from its surface such that it isnot capable of producing a dose in excess of 0.25millirem in one hour. (Authorized by K.S.A. 1975Supp. 48-1607; effective May 1, 1976.)

28-35-298. Area requirements. (a) Ra-diation levels. The local components of an analyt-ical X-ray system shall be located and arrangedand shall include sufficient shielding or accesscontrol so that no radiation levels exist in any area

surrounding the local component group that couldresult in a dose to an individual present therein inexcess of the dose limits specified in K.A.R. 28-35-214a. For systems utilizing X-ray tubes, theselevels shall be met at each specified tube rating.

(b) Surveys. Radiation surveys, as specified inK.A.R. 28-35-139(a), of all analytical X-ray sys-tems sufficient to show compliance with K.A.R.28-35-298(a) shall be performed as follows:

(1) At the time of installation of the equipment;(2) following any change in the initial arrange-

ment, number, or type of local components in thesystem;

(3) following any maintenance requiring thedisassembly or removal of a local component inthe system;

(4) during the performance of maintenanceand alignment procedures if the procedures re-quire the presence of a primary X-ray beam whenany local component in the system is disassembledor removed;

(5) any time a visual inspection of the localcomponents in the system reveals an abnormalcondition; and

(6) whenever personnel-monitoring devicesshow a significant increase over the previous mon-itoring period or the readings are approaching thelimits specified in these regulations.

(c) Posting. Each area or room containing an-alytical X-ray equipment shall be conspicuouslyposted with a sign or signs bearing the radiationsymbol and the words ‘‘CAUTION—X-RAYEQUIPMENT,’’ or words having a similar mean-ing. (Authorized by and implementing K.S.A. 48-1607; effective May 1, 1976; amended Dec. 30,2005.)

28-35-299. Operating requirements. (a)Procedures. Normal operating procedures shallbe written and available to all analytical X-rayequipment workers. No person shall be permittedto operate analytical X-ray equipment in any man-ner other than that specified in the normal oper-ating procedures unless the person has obtainedthe prior written approval of the radiation safetyofficer.

(b) Bypassing. No person shall bypass a safetydevice unless the person has obtained the priorwritten approval of the radiation safety officer. Ifa safety device is bypassed, a readily discerniblesign bearing the words ‘‘SAFETY DEVICE NOTWORKING,’’ or words having a similar meaning,shall be placed on the radiation source housing.

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(c) Repair or modification of X-ray tube sys-tems. Except as specified in subsection (b), no op-eration involving the removal of covers, shieldingmaterials, or tube housings or any modificationsto shutters, collimators, or beam stops shall beperformed without ascertaining that the tube isoff and will remain off until safe conditions havebeen restored. The main switch, rather than in-terlocks, shall be used for each routine shutdownin preparation for repairs.

(d) Radioactive source replacement, testing, orrepair. Radioactive source housings shall beopened for source replacement, leak testing, orother maintenance or repair procedures only byindividuals authorized to specifically conductthese procedures under a license issued by theU.S. nuclear regulatory commission, an agree-ment state, or a licensing state. (Authorized byand implementing K.S.A. 48-1607; effective May1, 1976; amended Dec. 30, 2005.)

28-35-300. Personnel requirements. (A)Instruction. No person shall be permitted to op-erate or maintain analytical x-ray equipment un-less such person has received instruction in anddemonstrated competence as to: (1) Identificationof radiation hazards associated with the use of theequipment;

(2) Significance of the various radiation warn-ing and safety devices incorporated into theequipment, or the reasons they have not been in-stalled on certain pieces of equipment and the ex-tra precautions required in such cases;

(3) Proper operating procedures for theequipment;

(4) Symptoms of an acute localized exposure;and

(5) Proper procedures for reporting an actualor suspected exposure.

(B) Personnel Monitoring. Finger or wrist do-simetric devices shall be provided to and shall beused by: (1) Analytical x-ray equipment workersusing systems having an open-beam configurationand not equipped with a safety device; and

(2) Personnel maintaining analytical x-rayequipment if the maintenance procedures requirethe presence of a primary x-ray beam when anylocal component in the analytical x-ray system isdisassembled or removed. (Authorized by K.S.A.1975 Supp. 48-1607; effective May 1, 1976.)

28-35-301 to 28-35-307. Reserved.

PART 9.—RADIATION SAFETYREQUIREMENTS FOR PARTICLE

ACCELERATORS

28-35-308. Applicability. (a) This part,which establishes procedures for the registrationand the use of particle accelerators, shall be inaddition to, and not a substitute for, other appli-cable provisions of these regulations.

(b) In addition to the requirements of this part,all registrants shall be subject to the requirementsof parts 1, 2, 4, and 10. Registrants engaged inindustrial radiographic operations shall be subjectto the requirements of part 7, and registrants en-gaged in the healing arts shall be subject to therequirements of parts 5, 6, and 14 of these regu-lations. Registrants engaged in the production ofradioactive material shall be subject to therequirements of part 3. (Authorized by and im-plementing K.S.A. 48-1607; effective May 1,1976; amended Dec. 30, 2005; amended July 27,2007.)

28-35-309. Registration requirements.No person shall receive, possess, use, transfer,own, or acquire a particle accelerator except asauthorized in a registration issued pursuant tothese regulations or as otherwise provided for inthese regulations. The general procedures for reg-istration of particle accelerator facilities are in-cluded in part 2 of these regulations. (Authorizedby K.S.A. 1975 Supp. 48-1607; effective May 1,1976.)

28-35-310. General requirements forthe issuance of a registration for particle ac-celerators. In addition to the requirements ofpart 2, the registrant shall: (A) Be qualified byreason of training and experience to use the ac-celerator in question for the purpose intended inaccordance with this part and part 4 and part 10of these regulations and in such a manner as tominimize danger to public health and safety orproperty;

(B) The registrant’s proposed equipment, fa-cilities, operating and emergency procedures shallbe adequate to protect health and minimize dan-ger to public health and safety or property;

(C) The use of the particle accelerator shall notbe inimical to the health and safety of the publicand the users shall satisfy any applicable specialrequirement in regulation 28-35-311 of thisregulation;

(D) The registrant shall appoint a radiationsafety officer;


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(E) The registrant and/or his staff shall havesubntial experience in the use of particle accel-erators for the intended uses;

(F) The registrant shall establish a radiationsafety committee to approve, in advance, propos-als for uses of particle accelerators, wheneverdeemed necessary by the department; and

(G) The registrant shall have an adequatetraining program for particle accelerator opera-tors. (Authorized by K.S.A. 1975 Supp. 48-1607;effective May 1, 1976.)

28-35-311. Human use of particle ac-celerators. In addition to the requirements setforth in part 2, the registrant shall: (A) Wheneverdeemed necessary by the department, the regis-trant shall appoint a medical committee of at leastthree (3) members to evaluate all proposals forresearch, diagnostic, and therapeutic use of a par-ticle accelerator. Membership of the committeeshould include physicians expert in internal med-icine, hematology, therapeutic radiology, and aperson experienced in depth dose calculations andprotection against radiation;

(B) The individuals designated as the usersshall have substantial training and experience indeep therapy techniques or in the use of particleaccelerations to treat humans; and

(C) The user must be a physician. (Authorizedby K.S.A. 1975 Supp. 48-1607; effective May 1,1976.)

28-35-312. (Authorized by K.S.A. 1975Supp. 48-1607; effective May 7, 1976; revokedDec. 30, 2005.)

28-35-313. Limitations. (A) No registrantshall permit any person to act as a particle accel-erator operator until such person: (1) Has beeninstructed in radiation safety and shall have dem-onstrated an understanding thereof;

(2) Has received copies of and instruction inthis part and the applicable requirements of part4 and part 10, pertinent operating conditions andthe registrant’s operating and emergency proce-dures, and shall have demonstrated understand-ing thereof; and

(3) Has demonstrated competence to use theparticle accelerator, related equipment, and sur-vey instruments which will be employed in hisassignment.

(B) Either the radiation safety committee orthe radiation safety officer shall have the authorityto terminate the operations at a particle acceler-

ator facility if such action is deemed necessary toprotect health and minimize danger to publichealth and safety or property. (Authorized byK.S.A. 1975 Supp. 48-1607; effective May 1,1976.)

28-35-314. Shielding and safety designrequirements. (a) An expert who is qualified inshielding and safety design requirements shall beconsulted in the design of each particle accelera-tor installation and shall perform a radiation sur-vey when the accelerator is first capable of pro-ducing radiation.

(b) Each particle accelerator installation shallbe provided with the primary barriers or second-ary barriers, or both, necessary to ensure compli-ance as specified in K.A.R. 28-35-212a and K.A.R.28-35-214a. (Authorized by and implementingK.S.A. 48-1607; effective May 1, 1976; amendedDec. 30, 2005.)

28-35-315. Particle accelerator controlsand interlock systems. (A) Instrumentation,readouts and controls on the particle acceleratorcontrol console shall be clearly identified and eas-ily discernible.

(B) All entrances into a target room or otherhigh radiation area shall be provided with inter-locks that shut down the machine under condi-tions of barrier penetration.

(C) When an interlock system has beentripped, it shall only be possible to resume oper-ation of the accelerator by manually resetting con-trols at the position where the interlock has beentripped, and lastly at the main control console.

(D) Each safety interlock shall be on a circuitwhich shall allow its operation independently ofall other safety interlocks.

(E) All safety interlocks shall be fail safe, i.e.,designed so that any defect or component failurein the interlock system prevents operation of theaccelerator.

(F) A scram button or other emergency powercutoff switch shall be located and easily identifi-able in all high radiation areas. Such a cutoffswitch shall include a manual reset so that the ac-celerator cannot be restarted from the acceleratorcontrol console without resetting the cutoffswitch. (Authorized by K.S.A. 1975 Supp. 48-1607; effective May 1, 1976.)

28-35-316. Warning devices. (a) Each lo-cation designated as a high-radiation area andeach entrance to the high-radiation area shall be

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equipped with easily observable flashing or rotat-ing warning lights that operate only if radiation isbeing produced.

(b) Except in facilities designed for human ex-posure, each high-radiation area shall have an au-dible warning device that shall be activated for 15seconds before the possible creation of a high-radiation area. The warning device shall be clearlydiscernible in all high-radiation areas and all ra-diation areas.

(c) All barriers, temporary or permanent, andall pathways leading to high-radiation areas shallbe identified as specified in K.A.R. 28-35-219a.(Authorized by and implementing K.S.A. 48-1607;effective May 1, 1976; amended Dec. 30, 2005.)

28-35-317. Operating procedures. (A)Particle accelerators, when not in operation, shallbe secured to prevent unauthorized use.

(B) Only a switch on the accelerator controlconsole shall be routinely used to turn the accel-erator beam on and off. The safety interlock sys-tem shall not be used to turn off the acceleratorbeam except in an emergency.

(C) All safety and warning devices, includinginterlocks, shall be checked for proper operabilityat intervals not to exceed three (3) months. Re-sults of such tests shall be maintained for inspec-tion at the accelerator facility.

(D) Electrical circuit diagrams of the acceler-ator, and the associated interlock systems, shall bekept current and maintained for inspection by thedepartment and available to the operator at eachaccelerator facility.

(E) If, for any reason, it is necessary to inten-tionally bypass a safety interlock or interlocks,such action shall be: (1) Authorized by the radia-tion safety committee and/or radiation safety of-ficer; (2) recorded in a permanent log and a noticeposted at the accelerator control console; and (3)terminated as soon as possible.

(F) A copy of the current operating and theemergency procedures shall be maintained at theaccelerator control panel. (Authorized by K.S.A.1975 Supp. 48-1607; effective May 1, 1976.)

28-35-318. Radiation monitoring re-quirements. (a) Each particle accelerator facilityregistrant shall have available the appropriate port-able monitoring equipment that is operable and iscalibrated for the appropriate types and levels ofradiation being produced at the facility. The equip-ment shall be tested for proper operation daily and

calibrated at intervals not to exceed one year, andafter each servicing or repair.

(b) A radiation protection survey shall be per-formed and documented by a qualified expert ac-ceptable to the department each time thatchanges have been made in the shielding, opera-tion, or equipment, or in the occupancy of adja-cent areas.

(c) Radiation levels in each high-radiation areashall be continuously monitored. Eachmonitoringdevice shall be electrically independent of the ac-celerator control and interlock systems and capa-ble of providing a remote and local readout withvisual alarms or audible alarms, or both, at boththe control panel and the entrance to high-radia-tion areas, and other appropriate locations, so thatpeople entering or present become aware of theexistence of the hazard.

(d) All area monitors shall be calibrated at in-tervals not to exceed one year, and after each serv-icing or repair.

(e) Whenever applicable, the registrant shallmake periodic surveys to determine the amountof airborne particulate radioactivity present in ar-eas of airborne hazards.

(f) Whenever applicable, the registrant shallmake periodic smear surveys to determine the de-gree of contamination in target and other perti-nent areas.

(g) All area surveys shall be made in accord-ance with the written procedures established by aqualified expert or by the radiation safety officerof the particle accelerator facility.

(h) Records of all radiation protection surveys,calibration results, instrumentation tests, andsmear results shall be kept current and on file ateach accelerator facility. (Authorized by and im-plementing K.S.A. 48-1607; effective May 1,1976; amended Dec. 30, 2005.)

28-35-319. Ventilation systems. (a) Ad-equate ventilation shall be provided in areaswhere airborne radioactivity could be produced.

(b) No registrant shall vent, release, or other-wise discharge airborne radioactive material to anuncontrolled area, except as specified in K.A.R.28-35-214b. (Authorized by and implementingK.S.A. 48-1607; effective May 1, 1976; amendedDec. 30, 2005.)

28-35-320 to 28-35-330. Reserved.PART 10.—NOTICES, INSTRUCTIONS ANDREPORTS TO WORKERS; INSPECTIONS

28-35-331. Persons required to meetthe requirements of this part. The require-


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ments of this part apply to all persons who receive,possess, use, own or transfer material licensed byor registered with the department pursuant topart 2 or 3 of these regulations. (Authorized byK.S.A. 1984 Supp. 48-1607; implementing K.S.A.1984 Supp. 48-1604, 48-1607, 48-1609; effectiveMay 1, 1976; amended, T-85-43, Dec. 19, 1984;amended May 1, 1985.)

28-35-332. Posting of notices to work-ers. (a) Each licensee or registrant shall post cur-rent copies of the following documents:(1) The regulations in this part and part 4;(2) the license, or certificate of registration, in-

cluding any conditions on the license and any doc-ument or documents incorporated into the licenseby reference and also any amendment to thelicense;(3) the operating procedures applicable to

work under the license or registration; and(4) any notice of violation involving radiological

working conditions, any order issued pursuant toPart 1, and any response from the licensee orregistrant.(b) If the posting of a document specified in

paragraph (a)(1), (2), or (3) is not practicable, thelicensee or registrant may post a notice which de-scribes the document and states where it may beexamined.(c) Department form RH-3 shall be posted by

each licensee or registrant where individuals workin or frequent any portion of a controlled area.(d) Documents, notices or forms shall be

posted to allow individuals engaged in work underthe license or registration to observe them on theway to or from any particular work location towhich the document applies, shall be conspicuous,and shall be replaced if defaced or altered.(e) Department documents posted pursuant to

paragraph (a)(4) shall be posted within two work-ing days after receipt of the documents from thedepartment; the licensee’s or registrant’s re-sponse, if any, shall be posted within two workingdays after dispatch from the licensee or registrant.The documents shall remain posted for a mini-mum of five working days or until action correct-ing the violation has been completed, whicheveris longer. (Authorized by K.S.A. 1984 Supp. 48-1607; implementing K.S.A. 1984 Supp. 48-1604,48-1607, 48-1609; effective May 1, 1976;amended, T-85-43, Dec. 19, 1984; amended May1, 1985.)

28-35-333. Instructions to workers. (a)

Each licensee or registrant shall ensure that eachindividual who is likely to receive in a year an oc-cupational dose in excess of 100 mrem (1 mSv) isinstructed as follows:(1) Is kept informed of the storage, transfer, or

use of radioactive material or of radiation in therestricted area;(2) is instructed in all of the following subjects:(A) Health protection problems associated

with exposure to radioactive material or radiationto the individual and potential offspring;(B) precautions or procedures to minimize ex-

posure; and(C) the purposes and functions of protective

devices employed;(3) is instructed in, and instructed to observe,

to the extent within the worker’s control, the pro-visions of these regulations and any licenses con-cerning the protection of personnel from expo-sures to radiation or radioactive material;(4) is informed of the individual’s responsibility

to report promptly to the licensee or registrantany condition that has caused or could cause anyof the following:(A) A violation of these regulations;(B) a violation of a license or registration; or(C) unnecessary exposure to radiation or radi-

oactive material;(5) is instructed in the appropriate response to

warnings made in the event of any unusual occur-rence or malfunction that could involve exposureto radiation or radioactive material; and(6) is informed of the radiation exposure re-

ports that workers may request as specified inK.A.R. 28-35-334.(b) In determining which individuals are sub-

ject to the requirements of subsection (a) of thisregulation, each licensee or registrant shall takeinto consideration each individual’s assigned ac-tivities during normal and abnormal situations in-volving exposure to radiation or radioactive ma-terial, or both, that can reasonably be expected tooccur during the life of a licensed or registeredfacility. The extent of the instruction specified insubsection (a) shall be commensurate with the po-tential radiological health protection problemspresent in the workplace. (Authorized by K.S.A.48-1607; implementing K.S.A. 48-1607; effectiveMay 1, 1976; amended, T-85-43, Dec. 19, 1984;amended May 1, 1985; amended Oct. 17, 1994;amended Dec. 30, 2005.)

28-35-334. Notifications and reports to

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individuals. (a) Radiation exposure data for anindividual and the results of any measurements,analyses, and calculations of radioactive materialdeposited or retained in the body of an individualshall be reported to the individual as specified inthis section. The information reported shall in-clude data and results obtained pursuant to therequirements of these regulations, any order ofthe secretary or license condition, as shown in rec-ords maintained by the licensee or registrant pur-suant to K.A.R. 28-35-227h of these regulations.Each notification and report shall:

(1) Be in writing;(2) include appropriate identifying data such as

the name of the licensee or registrant, the nameof the individual, and the individual’s identifica-tion number, preferably social security number;

(3) include the individual’s exposure informa-tion; and

(4) contain the following statement:‘‘This report is furnished to you under the pro-

visions of Kansas Administrative Rule and Regu-lation 28-35-334. You should preserve this reportfor further reference.’’

(b) Each licensee or registrant shall furnisheach worker annually a written report of theworker’s dose as shown in records maintained bythe licensee or registrant pursuant to K.A.R. 28-35-227h(b).

(c) Each licensee or registrant shall furnish tothe worker a written report of the worker’s ex-posure to sources of radiation or radioactive ma-terial at the request of a worker formerly engagedin activities controlled by the licensee or regis-trant. The report shall be furnished within 30 daysfrom the date of the request, or within 30 daysafter the dose of the individual has been deter-mined by the licensee or registrant, whichever islater. The report shall cover, within the period oftime specified in the request, the dose record foreach year the worker was required to be moni-tored pursuant to 28-35-217b of these regulations.The report shall also include the period of time inwhich the worker’s activities involved exposure tosources of radiation and shall include the datesand locations of work under the license or regis-tration in which the worker participated duringthis period.

(d) When a licensee or registrant is requiredpursuant to K.A.R. 28-35-229a(a)(1), and (b)(1) ofthese regulations to report to the department anyexposure of an individual to sources of radiation,the licensee or the registrant shall also provide to

the individual a written report of the individual’sexposure data included in the report. These re-ports shall be transmitted at a time not later thanthe transmittal to the department.

(e) At the request of a worker who is termi-nating employment with the licensee or registrantthat involves exposure to radiation or radioactivematerial, or at the request of a worker who, whileemployed by another person, is terminating as-signment to work involving radiation dose in thelicensee’s facility, each licensee or registrant shallprovide to the worker, or the worker’s designee,a written report regarding the radiation dose re-ceived by that worker from operations of the li-censee or registrant during the current year. Thereport shall be provided at the worker’s termina-tion. The licensee or registrant may provide awritten estimate of that dose if the finally deter-mined personnel monitoring results are not avail-able at that time. Estimated doses shall be clearlyindicated as such. (Authorized by K.S.A. 1993Supp. 48-1607; implementing K.S.A. 1993 Supp.48-1604, 48-1607, 48-1609; effective May 1, 1976;amended, T-85-43, Dec. 19, 1984; amended May1, 1985; amended Oct. 17, 1994.)

28-35-335. Presence of representativesof licensees or registrants and workers dur-ing inspection. (a) Each licensee or registrantshall afford to the department, at all reasonabletimes, opportunity to inspect materials, machines,activities, facilities, premises, and records main-tained by the licensee or registrant.

(b) During an inspection, department inspec-tors may consult privately with workers as speci-fied in K.A.R. 28-35-336 and any amendment tothat rule and regulation. The licensee or registrantmay accompany department inspectors duringother phases of an inspection.

(c) If, at the time of inspection, an individualhas been authorized by the workers to representthem during department inspections, the licenseeshall give the workers’ representative an oppor-tunity to accompany the inspectors during the in-spection of physical working conditions.

(d) Each workers’ representative shall be rou-tinely engaged in work under control of the li-censee or registrant and shall have received theinstructions specified in K.A.R. 28-35-333 and anyamendment of that rule and regulation.

(e) Different representatives of licensees orregistrants and workers may accompany the in-spectors during different phases of an inspection


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if there is no resulting interference with the con-duct of the inspection. However, only one work-ers’ representative at a time shall accompany theinspectors.

(f) With the approval of the licensee or regis-trant and the workers’ representative, an individ-ual who is not routinely engaged in work undercontrol of the licensee or registrant shall be af-forded the opportunity to accompany departmentinspectors during the inspection of physical work-ing conditions.

(g) Department inspectors may refuse to per-mit accompaniment by an individual who delib-erately interferes with a fair and orderly inspec-tion. If an area to be inspected is a restricted area,the workers’ representative for that area shall bean individual previously authorized by the licenseeor registrant to enter that area. (Authorized byK.S.A. 1984 Supp. 48-1607; implementing K.S.A.1984 Supp. 48-1604, 48-1607, 48-1609; effectiveMay 1, 1976; amended, T-85-43, Dec. 19, 1984;amended May 1, 1985.)

28-35-336. Consultation with workersduring inspections. (a) Department inspectorsmay consult privately with workers concerningmatters of occupational radiation protection andother matters related to the provisions of theseregulations or any condition of a license, to theextent the inspectors deem necessary for the con-duct of an effective and thorough inspection.

(b) During the course of an inspection, anyworker may bring privately to the attention of theinspectors, either orally or in writing, any past orpresent condition which that worker has reason tobelieve may have contributed to or caused any vi-olation of the act, these regulations, or any licensecondition, or any unnecessary exposure of an in-dividual to radiation from licensed radioactive ma-terial or a registered radiation machine under thelicensee’s or registrant’s control. Any such noticein writing shall state clearly the condition com-plained of and be signed by the worker.

(c) The provisions of 28-35-336 subsection (b)shall not be interpreted as authorizing disregardof instructions given pursuant to K.A.R. 28-35-333and any amendments of that rule and regulation.(Authorized by K.S.A. 1984 Supp. 48-1607; im-plementing K.S.A. 1984 Supp. 48-1604, 48-1607,48-1609; effective May 1, 1976; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985.)

28-35-337. Requests by workers for in-spections. (a) Any worker or representative of

workers who believes that a violation of the act,these regulations or a license conditions exists orhas occurred in work under a license or registra-tion with regard to radiological working conditionsin which the worker is engaged may request aninspection by giving notice of the alleged violationto the department. Any such notice shall be inwriting, shall set forth the specific grounds for thenotice, and shall be signed by the worker or rep-resentative of the workers. A copy shall be pro-vided to the licensee or registrant by the depart-ment no later than at the time of inspection exceptthat, upon the request of the worker giving thenotice, the worker’s name and the name of indi-viduals referred to shall not appear in the copy oron any record published, released, or made avail-able by the department, except for good causeshown.

(b) If, upon receipt of the notice, the depart-ment determines that the complaint meets therequirements of subsection (a), and that there arereasonable grounds to believe that the alleged vi-olation exists or has occurred, an inspection shallbe made as soon as practicable, to determine ifthe alleged violation exists or has occurred. In-spections pursuant to this section need not be lim-ited to matters referred to in the complaint.

(c) No licensee or registrant shall discharge orin any manner discriminate against any worker be-cause the worker has filed any complaint, or in-stituted or caused to be instituted any proceedingunder these regulations, or has testified or is aboutto testify in any proceeding, or because of the ex-ercise by the worker on behalf of the worker orothers of any option afforded by this part. (Au-thorized by K.S.A. 1984 Supp. 48-1607; imple-menting K.S.A. 1984 Supp. 48-1604, 48-1607, 48-1609; effective May 1, 1976; amended, T-85-43,Dec. 19, 1984; amended May 1, 1985.)

28-35-338. Inspections not warranted;informal review. (a) If the department deter-mines, with respect to a complaint filed underK.A.R. 28-35-337, and any amendments to thatrule and regulation that an inspection is not war-ranted because there are no reasonable groundsto believe that a violation exists or has occurred,the department shall notify the complainant inwriting of that determination. The complainantmay obtain a review of the determination by sub-mitting a written statement of position to the sec-retary, who will provide the licensee or registrantwith a copy of the statement by certified mail, ex-

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cluding, at the request of the complainant, thename of the complainant. The licensee or regis-trant may submit an opposing written statementof position to the secretary, who will provide thecomplainant with a copy of that statement by cer-tified mail. Upon the request of the complainant,the secretary or the secretary’s designee may holdan informal conference in which the complainantand the licensee or registrant may orally presenttheir views. An informal conference may also beheld at the request of the licensee or registrant,but disclosure of the identity of the complainantshall be made only following receipt of writtenauthorization from the complainant. After consid-ering all written or oral views presented, the sec-retary shall affirm, modify, or reverse the deter-mination of the department and furnish thecomplainant and the licensee or registrant a writ-ten notification of the decision and the reason forthe decision.

(b) If the secretary determines that an inspec-tion is not warranted because the requirements ofK.A.R. 28-35-337(a) have not been met, the sec-retary shall notify the complainant in writing ofthe determination. That determination shall bewithout prejudice to the filing of a new complaintmeeting the requirements of K.A.R. 28-35-337(a).(Authorized by K.S.A. 1984 Supp. 48-1607; im-plementing K.S.A. 1984 Supp. 48-1604, 48-1607,48-1609; effective May 1, 1976; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985.)

Part 11.—WIRELINE ANDSUBSURFACE TRACER STUDIES

28-35-341. Persons to whom these reg-ulations apply. The regulations in this part shallapply to each licensee or registrant who uses anysource of radiation for wireline service operations,including mineral logging, radioactive markers, orsubsurface tracer studies. The requirements ofthis part shall be in addition to, and not in substi-tution for, the requirements of Parts 1, 2, 3, 4, and10 of these regulations. (Authorized by and im-plementing K.S.A. 1992 Supp. 48-1607; effectiveSept. 20, 1993.)

28-35-342. Preoperational and userequirements. (a) Preoperational agreements. Alicensee shall not perform any wireline service op-eration with a sealed source or source unless, be-fore commencement of the operation, the li-censee has a written agreement with the well

operator, well owner, drilling contractor, or landowner stating the following:

(1) If a sealed source is lodged downhole, areasonable effort at recovery will be made.

(2) No person will attempt to recover a sealedsource in a manner that, in the licensee’s opinion,could result in a rupture of the sealed source.

(3) If a decision is made to abandon the sealedsource downhole, the requirements of K.A.R. 28-35-362 (c) will be met.

(b) Limits on levels of radiation. All sources ofradiation shall be used, stored, and transported sothat the transportation and the dose limitationrequirements of these regulations are met.

(c) Uranium sinker bars. Any licensee may usea uranium sinker bar in well-logging applicationsonly if the sinker bar is legibly impressed withthese words: ‘‘CAUTIONRADIOACTIVE—DE-PLETED URANIUM’’ and ‘‘NOTIFY CIVILAUTHORITIES [or COMPANY NAME] IFFOUND.’’

(d) Energy compensation source. Any licenseemay use either an energy compensation source(ECS) contained within a logging tool or othertool components, if the ECS contains quantitiesof licensed material not exceeding 3.7 Mbq (100microcuries).

(1) For well-logging applications with a surfacecasing protecting freshwater aquifers, use of theECS shall be subject only to the requirements ofK.A.R. 28-35-346, K.A.R. 28-35-347, and K.A.R.28-35-360.

(2) For well-logging applications without a sur-face casing protecting freshwater aquifers, use ofthe ECS shall be subject only to the requirementsof K.A.R. 28-35-342, K.A.R. 28-35-346, K.A.R.28-35-347, K.A.R. 28-35-360, and K.A.R. 28-35-362.

(e) Use of sealed source in a well without a sur-face casing. Any licensee may use a sealed sourcein a well without a surface casing for protectingfreshwater aquifers if the licensee follows a pro-cedure for reducing the probability that thesource will become lodged in the well. This pro-cedure shall be required to be approved by theU.S. nuclear regulatory commission or by anagreement state before the licensee uses the pro-cedure.

(f) Use of a tritium neutron generator targetsource.

(1) Each licensee who uses a tritium neutrongenerator target source that contains a total quan-tity of tritium not exceeding 1,110Mbq (30 curies)


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and is located in a well with a surface casing toprotect freshwater aquifers shall be subject to therequirements of this part, excluding K.A.R. 28-35-349 and K.A.R. 28-35-362.

(2) Each licensee who uses a tritium neutrongenerator target source that contains a total quan-tity of tritium exceeding 1,110 Mbq (30 curies) oris located in a well without a surface casing toprotect freshwater aquifers shall be subject to therequirements of this part, excluding K.A.R. 28-35-349. (Authorized by and implementing K.S.A. 48-1607; effective Sept. 20, 1993; amended Dec. 30,2005.)

28-35-343. Storage precautions. (a)Each source of radiation, except accelerators, shallbe provided with a storage container and, if trans-ported, a transport container. The same containermay be used in both cases if the container meetsthe requirements for each use. The container shallbe provided with a lock to prevent unauthorizedremoval of, or exposure to, the source of radiation.

(b) Each source of radiation shall be stored ina manner that minimizes danger from explosionor fire.

(c) Each licensee shall lock and physically se-cure the transport package containing licensedmaterial in the transporting vehicle to prevent ac-cidental loss, tampering, or unauthorized removalof the licensed material from the vehicle. (Au-thorized by and implementing K.S.A. 48-1607; ef-fective Sept. 20, 1993; amended Dec. 30, 2005.)

28-35-344. Transport precautions. Eachtransport container shall be physically secured tothe transporting vehicle to prevent accidental loss,tampering, or unauthorized removal. (Authorizedby and implementing K.S.A. 1992 Supp. 48-1607;effective Sept. 20, 1993.)

28-35-345. Radiation survey instru-ments. (a) Each licensee or registrant shall main-tain a sufficient supply of calibrated and operableradiation survey instruments capable of detectingbeta and gamma radiation at each field station andtemporary job site to make any physical radiationsurvey required by this part and part 4 of theseregulations. Instrumentation shall be capable ofmeasuring a range of 0.1 milliroentgens throughat least 50 milliroentgens per hour.

(b) Each licensee shall have available addi-tional calibrated and operable radiation-detectioninstruments sensitive enough to detect the low ra-diation and contamination levels that could be en-

countered if a sealed source ruptures. Any li-censee may own the instruments or may have aprocedure to obtain them from a second partywhen needed.

(c) Within the previous six months and aftereach servicing or repair, each radiation survey in-strument used shall be calibrated as follows:

(1) At energies and radiation levels appropriatefor use;

(2) with a demonstrated accuracy of withinplus or minus 20 percent of the true radiationlevel on each scale; and

(3) (A) At two points located approximatelyone-third and two-thirds of full scale on each scaleif it is a linear instrument;

(B) at midrange of each decade, and at twopoints of at least one decade if it is a logarithmicscale instrument; and

(C) at appropriate points if it is a digitalinstrument.

(d) A calibration record for each instrumentshall be maintained for two years for inspectionby the department. (Authorized by and imple-menting K.S.A 48-1607; effective Sept. 20, 1993;amended Dec. 30, 2005.)

28-35-346. Leak testing of sealedsources. (a) Requirements. Each licensee usingany sealed source of radioactive material shallhave the source tested for leakage as specified insubsection (c). A record of leak test results shallbe kept in units of microcuries and maintained forinspection by the department. The licensee shallkeep the records of the results for three years afterthe leak test is performed.

(b) Method of testing. Each test for leakageshall be performed only by a person specificallyauthorized to perform such a test by the depart-ment, the U.S. nuclear regulatory commission, anagreement state, or a licensing state. The test sam-ple shall be taken from the surface of the source,the source holder, or the surface of the device inwhich the source is stored or mounted and onwhich one could expect contamination to accu-mulate. The test sample shall be analyzed for ra-dioactive contamination. The analysis shall be ca-pable of detecting the presence of 0.005microcurie (185 Bq) of radioactive material on thetest sample and shall be performed by a personspecifically authorized to perform such a test bythe department, the U.S. nuclear regulatory com-mission, an agreement state, or a licensing state.

(c) Interval of testing. Each sealed source of

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radioactive material, except an energy compen-sation source (ECS), shall be tested at intervalsnot to exceed six months. In the absence of a cer-tificate from a transferor indicating that a test hasbeen made within the six months before the trans-fer, the sealed source shall not be put into useuntil tested. If, for any reason, it is suspected thata sealed source may be leaking, it shall be re-moved from service immediately and tested forleakage as soon as practical. Each ECS that is notexempt from testing in accordance with subsec-tion (e) of this regulation shall be tested at inter-vals not to exceed three years. In the absence ofa certificate from a transferor that a test has beenmade within the three years before the transfer,the ECS shall not be used until tested.

(d) Leaking or contaminated sources. If thetest reveals the presence of 0.005 microcurie (185Bq) or more of leakage or contamination, the li-censee shall immediately withdraw the sourcefrom use and shall cause it to be decontaminated,repaired, or disposed of in accordance with theseregulations. Each licensee shall check the equip-ment associated with the leaking source for radi-oactive contamination and, if contaminated, shallhave the equipment decontaminated or disposedof by an NRC or agreement state licensee that isauthorized to perform these functions. A reportdescribing the equipment involved, the test result,and the corrective action taken shall be filed withthe department within five days after receiving thetest results.

(e) Exemptions. The following sources shall beexempt from the periodic leak test requirementsof this regulation:

(1) Hydrogen-3 (tritium) sources;(2) sources of radioactive material with a half-

life of 30 days or less;(3) sealed sources of radioactive material in

gaseous form;(4) sources of radioactive material emitting

beta, beta-gamma, or gamma radiation, with anactivity of not more than 100 microcuries (3.7Mbq); and

(5) sources of alpha-emitting radioactive ma-terial with an activity of not more than 10 micro-curies (0.370 MBq). (Authorized by and imple-menting K.S.A 48-1607; effective Sept. 20, 1993;amended Dec. 30, 2005.)

28-35-347. Quarterly inventory. Each li-censee or registrant shall conduct a physical in-ventory to account for all sources of radiation once

every three months. A record of each inventoryshall be maintained for two years from the date ofthe inventory for inspection by the departmentand shall include the quantities and kinds ofsources of radiation, the location where sources ofradiation are assigned, the date of the inventory,and the name of the individual conducting the in-ventory. (Authorized by and implementing K.S.A.1992 Supp. 48-1607; effective Sept. 20, 1993.)

28-35-348. Utilization records. Each li-censee or registrant shall maintain current utili-zation records, which shall be kept available forinspection by the department for two years fromthe date of the recorded event, showing the fol-lowing information for each source of radiation:

(a) make, model number, and a serial numberor a description of each source of radiation used;

(b) the identity of the well-logging supervisoror field unit to whom assigned;

(c) each location where used and each date ofuse; and

(d) the radionuclide and activity used in a par-ticular well, when dealing with tracer materialsand radioactive markers. (Authorized by and im-plementing K.S.A. 1992 Supp. 48-1607; effectiveSept. 20, 1993.)

28-35-349. Design, performance, andcertification criteria for sealed sources usedin downhole operations. (a) Each sealed sourcethat is used in downhole operations and manufac-tured after May 1, 1991 shall be certified by themanufacturer or other testing organization tomeet the following minimum criteria.

(1) Each source shall be doubly encapsulated.(2) Each source shall contain radioactive ma-

terial with a chemical and physical form that is asinsoluble and nondispersive as practical.

(3) Each source’s prototype shall have beentested and found to maintain its integrity aftereach of the following tests:

(A) Temperature. The test source shall be heldat -40 C for 20 minutes and at 600 C for onehour. Then the test source be subjected to a ther-mal shock test with a temperature drop from 600 C to 20 C within 15 seconds.

(B) Impact test. A five-kg steel hammer with adiameter of 2.5 cm shall be dropped from a heightof one meter onto the test source.

(C) Vibration test. The test source shall be sub-ject to a vibration from 25 Hz to 500 Hz at five g(gravitational acceleration) amplitude for 30minutes.


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(D) Puncture test. A one-gram hammer with apin having a diameter of 0.3 cm shall be droppedfrom a height of one meter onto the test source.

(E) Pressure test. The test source shall be sub-jected to an external pressure of 24,600 poundsper square inch absolute (1.695 2 107 pascal).

(b) No sealed source acquired after May 1,1992 shall be put into use in the absence of a cer-tificate from a transferor certifying that the sealedsource meets the requirements of subsection (a),until the required determinations and testing havebeen performed.

(c) Each sealed source that is used in downholeoperations after May 1, 1992 shall be certified bythe manufacturer or other testing organization asmeeting the sealed source performance require-ments for oil well-logging contained in ‘‘sealed ra-dioactive sources—classification,’’ ANSI/HPSN43.6-1997, including the annexes, approved bythe American national standards institute, inc. inNovember 1997, published by the health physicssociety, and hereby adopted by reference.

(d) Certification documents shall be main-tained for inspection by the department for a pe-riod of two years after source disposal. If thesource is abandoned downhole, the certificationdocuments shall be maintained until the depart-ment authorizes disposition of these documents.

(e) The requirements in subsections (a), (b),(c), and (d) shall not apply to any sealed sourcesthat contain licensed material in gaseous form.

(f) The requirements in subsections (a), (b),(c), and (d) shall not apply to any energy compen-sation sources (ECS). Each ECS shall be regis-tered with the department, NRC, or an agree-ment state. (Authorized by and implementingK.S.A. 48-1607; effective Sept. 20, 1993; amendedDec. 30, 2005; amended July 27, 2007.)

28-35-350. Labeling. (a) Each source,source holder, and logging tool containing radio-active material shall bear a durable, legible, andclearly visible marking or label that has, at a min-imum, the standard radiation caution symbol,without the conventional color requirement, andthe following wording:

DANGER (or CAUTION)RADIOACTIVE MATERIAL

This labeling shall be on the smallest componenttransported as a separate piece of equipment.

(b) Each storage container that is transportedshall have securely attached to the container a du-

rable, legible, and clearly visible label that has, ata minimum, the standard radiation caution symboland the following wording:

DANGER (or CAUTION)RADIOACTIVE MATERIAL

NOTIFY CIVIL AUTHORITIES(or NAME OF COMPANY)

(c) No licensee may transport licensed materialunless the material is packaged, labeled, marked,and accompanied by appropriate shipping papersin accordance with these regulations. (Authorizedby and implementing K.S.A. 48-1607; effectiveSept. 20, 1993; amended Dec. 30, 2005.)

28-35-351. Repair, opening, or modifi-cation. (a) Each licensee shall visually check fordefects all source holders, logging tools, sinkerbars, injection tools, source handling tools, storagecontainers, transport containers, and uraniumsinker bars before each use to ensure that theequipment is in good working condition and thatthe required labeling is present. If any defects arefound, the equipment shall be removed from serv-ice until repaired, and a record shall be made list-ing the following:

(1) The date of inspection;(2) the name of the inspector;(3) the type of equipment involved;(4) the defects found; and(5) the repairs made.(b) Each licensee shall have a program for sem-

iannual visual inspections and routine mainte-nance of all source holders, logging tools, injectiontools, source handling tools, storage containers,transport containers, and uranium sinker bars toensure that the required labeling is legible andthat no physical damage is visible. If any defectsare found, the equipment shall be removed fromservice until repaired, and a record shall be madelisting the following:

(1) The date of the inspection;(2) the type of equipment involved;(3) the inspection and maintenance operations

performed;(4) any defects found; and(5) any actions taken to correct the defects.(c) Removal of a sealed source holder or log-

ging tool, and maintenance on sealed sources orholders in which sealed sources are containedshall not be performed by the licensee unless awritten procedure to perform this operation thatis approved by the U.S. nuclear regulatory com-

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mission, an agreement state, or a licensing state isused.(d) If a sealed source is stuck in the source

holder, the licensee shall not drill, cut, chisel, orperform any other operation on the source holderunless the licensee is approved by theU.S. nuclearregulatory commission, an agreement state, or alicensing state to perform this operation.(e) The repair, opening, or modification of anysealed source shall be performed only by a personauthorized to do so by the department, the U.S.nuclear regulatory commission, an agreementstate, or a licensing state.(f) Each licensee shall maintain the records re-

quired by this regulation for three years. (Author-ized by and implementing K.S.A. 48-1607; effec-tive Sept. 20, 1993; amended Dec. 30, 2005.)

28-35-352. Training requirements. (a) Alicensee or registrant shall not permit any individ-ual to act as a logging supervisor as defined in thispart until that individual meets the followingrequirements:(1) Has received, in a course recognized by the

department, the U.S. nuclear regulatory commis-sion, an agreement state, or a licensing state, in-struction in each subject outlined in K.A.R. 28-35-363 and has demonstrated an understanding ofthe course material and of this subsection by suc-cessfully completing a written or oral test;(2) (A) has received copies of and received in-

struction in the regulations contained in this partand the applicable regulations in parts 1, 4, and10 of these regulations, the conditions of the ap-propriate license or certificate of registration, andthe licensee’s or registrant’s operating and emer-gency procedures; and(B) has demonstrated an understanding of

these materials; and(3) has demonstrated competence to use

sources of radiation, related handling tools, andradiation survey instruments that will be used onthe job.(b) No licensee may permit an individual to act

as a logging assistant until that person meets thefollowing:(1) Has received instruction in the applicable

regulations in parts 4, 10 and 11;(2) has received copies of, and instruction in, the

licensee’s operating and emergency procedures;(3) has demonstrated understanding of the ma-

terials listed in paragraphs (1) and (2) of this sub-

section by successfully completing a written ororal test; and(4) has received instruction in the use of li-

censed materials, remote handling tools, and ra-diation survey instruments, as appropriate for thelogging assistant’s intended job responsibilities.(c) Each licensee or registrant shall maintain

training records for each employee for inspectionby the department for three years following ter-mination of employment. (Authorized by and im-plementing K.S.A 48-1607; effective Sept. 20,1993; amended Dec. 30, 2005.)

28-35-353. Operating and emergencyprocedures. Each licensee shall develop and fol-low written operating and emergency proceduresthat cover the following:(a) The handling and use of licensed materials,

including the use of sealed sources in wells with-out surface casing for protecting freshwater aq-uifers, if appropriate;(b) the use of remote handling tools for hand-

ling sealed sources and radioactive tracermaterial,except low-activity calibration sources;(c) the methods and occasions for conducting

radiation surveys, including surveys for detectingcontamination;(d) the ways to minimize personnel exposure,

including exposures from inhalation and ingestionof licensed tracer materials;(e) the methods and occasions for locking and

securing stored licensed materials;(f) personnel monitoring and the use of per-

sonnel-monitoring equipment;(g) the transportation of licensed materials to

field stations or temporary job sites, packaging oflicensed materials for transport in vehicles, plac-arding of vehicles when needed, and physically se-curing licensed materials in transport vehiclesduring transportation to prevent accidental loss,tampering, or unauthorized removal;(h) the procedures for picking up, receiving,

and opening packages containing licensedmaterials;(i) the use of tracers;(j) decontamination of the environment,

equipment, and personnel;(k) the maintenance of records generated by

logging personnel at temporary job sites;(l) the inspection and maintenance of sealed

sources, source holders, logging tools, injectiontools, source handling tools, storage containers,transport containers, and uranium sinker bars;


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(m) the actions to be taken if a sealed sourceis lodged in a well;

(n) the means of notifying the proper personsif an accident occurs; and

(o) the actions to be taken if a sealed source isruptured, including actions to prevent the spreadof contamination and minimize the inhalation andingestion of licensed materials and actions to ob-tain appropriate radiation survey instruments asrequired by K.A.R. 28-35-345. (Authorized by andimplementing K.S.A. 48-1607; effective Sept. 20,1993; amended Dec. 30, 2005.)

28-35-354. Personnel monitoring. (a)The licensee or registrant shall not permit any in-dividual to act as a logging supervisor or to assistin the handling of sources of radiation unless eachindividual wears a personnel-monitoring device asspecified in K.A.R. 28-35-217a. Each PMD shallbe assigned to and worn by only one individual.Film badges shall be replaced at least monthly,and other personnel-monitoring devices shall bereplaced at least quarterly. After replacement,each film badge or PMD shall be promptlyprocessed.

(b) Each licensee shall provide bioassay serv-ices to individuals using licensed materials in sub-surface tracer studies if required by the license.

(c) Personnel monitoring and bioassay resultsrecords shall be maintained for inspection untilthe secretary authorizes the disposition of theserecords. (Authorized by and implementing K.S.A.48-1607; effective Sept. 20, 1993; amended Dec.30, 2005.)

28-35-355. Security. (a) During each log-ging or tracer application, except when radiationsources are below ground or in shipping or storagecontainers, the logging supervisor or other desig-nated employee shall maintain direct surveillanceof the operation to protect against unauthorizedor unnecessary entry into a controlled area.

(b) A logging supervisor shall be physicallypresent at a temporary job site whenever licensedmaterials either are being handled or are notstored and locked in a vehicle or storage place.The logging supervisor may leave the job site inorder to obtain assistance if a source becomeslodged in a well. (Authorized by and implement-ing K.S.A 48-1607; effective Sept. 20, 1993;amended Dec. 30, 2005.)

28-35-356. Handling tools.Each licenseeshall provide and require the use of tools that will

assure remote handling of sealed sources otherthan low activity calibration sources. (Authorizedby and implementing K.S.A. 1992 Supp. 48-1607;effective Sept. 20, 1993.)

28-35-357. Subsurface tracer studies.(a) Protective gloves and other appropriate pro-tective clothing and equipment shall be used byall personnel when handling radioactive tracermaterial. Precautions shall be taken to avoid in-gestion or inhalation of radioactive material andto avoid contamination of field stations and tem-porary job sites.

(b) A licensee shall not intentionally cause theinjection of radioactive material into freshwateraquifers. (Authorized by and implementing K.S.A.48-1607; effective Sept. 20, 1993; amended Dec.30, 2005.)

28-35-358. Particle accelerators. A li-censee or registrant shall not permit above-ground testing of any particle accelerator, de-signed for use in well logging which results in theproduction of radiation, except in areas or facili-ties controlled or shielded so that the require-ments of K.A.R. 28-35-212a and 28-35-214a ofthese regulations, as applicable, are met. (Author-ized by and implementing K.S.A. 1992 Supp. 48-1607; effective Sept. 20, 1993.)

28-35-359. Radiation surveys. (a) Eachlicensee shall make a radiation survey or calcula-tion and record for each area where radioactivematerials are stored.

(b) Each licensee shall make a radiation surveyor calculation and record for the radiation levelsin occupied positions and on the exterior of eachvehicle used to transport radioactive material. Thesurvey or calculation shall include each source ofradiation or combination of sources to be trans-ported in the vehicle.

(c) After removal of the sealed source from thelogging tool and before departing the job site, thelogging tool detector shall be energized, or a sur-vey meter used, to ensure that the logging tool isfree of contamination.

(d) If the licensee has reason to believe that, asa result of any operation involving a sealed source,the encapsulation of the sealed source could bedamaged by the operation, the licensee shall con-duct radiation surveys, including a contaminationsurvey, during and after the operation.

(e) The licensee shall make a radiation surveyat the temporary job site before and after each

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subsurface tracer study to confirm the absence ofcontamination.

(f) Each licensee shall make a radiation surveyand record at the job site or wellhead for eachtracer operation, except those using hydrogen-3,carbon-14, and sulfur-35. The survey shall includemeasurements of radiation levels before and afterthe operation.

(g) Each record required by subsections (a)through (f) of this regulation shall include thedates, the identification of the individual or indi-viduals making the survey, the identification of thesurvey instrument or instruments used, and an ex-act description of the location of the survey. Therecord of each licensee’s survey shall be main-tained for inspection by the department for threeyears after completion of the survey. (Authorizedby and implementing K.S.A. 48-1607; effectiveSept. 20, 1993; amended Dec. 30, 2005.)

28-35-359a. Radioactive contamina-tion control. (a) If the licensee detects any evi-dence that a sealed source has ruptured or thatlicensed materials have caused any contamination,the licensee shall immediately initiate the emer-gency procedures required by this part.

(b) If contamination results from the use of li-censed materials in well logging, the licensee shalldecontaminate all work areas, equipment, and un-restricted areas.

(c) During all efforts to recover a sealed sourcelodged in a well, the licensee shall continuouslymonitor, with an appropriate radiation-detectioninstrument or a logging tool with a radiation de-tector, the circulating fluids from the well, if any,to check for contamination resulting from damageto the sealed source. (Authorized by and imple-menting K.S.A. 48-1607; effective Dec. 30, 2005.)

28-35-360. Documents and records re-quired to bemaintained at field stations.Eachlicensee or registrant shall maintain, for inspectionby the department, the following documents andrecords for the specific devices and sources as-signed to the field station:

(a) The appropriate license, certificate of reg-istration, or equivalent document;

(b) operating and emergency procedures;(c) applicable regulations;(d) records of the latest survey instrument cal-

ibrations conducted according to K.A.R. 28-35-345;

(e) records of the latest leak test results con-ducted according to K.A.R. 28-35-348;

(f) quarterly physical inventories required byK.A.R. 28-35-359;

(g) utilization records required by K.A.R. 28-35-348;

(h) survey records required by K.A.R. 28-35-349;

(i) records of inspection and maintenance re-quired by K.A.R. 28-35-351; and

(j) training records required by K.A.R. 28-35-352. (Authorized by and implementing K.S.A. 48-1607; effective Sept. 20, 1993; amended Dec. 30,2005.)

28-35-361. Documents and records re-quired at temporary jobsites. Each licensee orregistrant conducting operations at a temporaryjobsite shall have the following documents and re-cords available at that site for inspection by thedepartment:

(a) operating and emergency procedures;(b) survey records required pursuant to K.A.R.

28-35-359 for the period of operation at the site;(c) evidence of current calibration for each ra-

diation survey instrument in use at the site;(d) when operating in the state under a reci-

procity agreement, a copy of the appropriate li-cense, certificate of registration, or equivalentdocumentation; and

(e) shipping papers for the transportation of ra-dioactive material. (Authorized by and imple-menting K.S.A. 1992 Supp. 48-1607; effectiveSept. 20, 1993.)

28-35-362. Notification of incidents,abandonment, and lost sources. (a) The li-censee shall notify the department of any inci-dents and sources lost in other than downhole log-ging operations in accordance with K.A.R.28-35-184b, 28-35-228a, 28-35-229a and 28-35-230a.

(b) Whenever a sealed source or device con-taining radioactive material is lodged downhole,the licensee shall:

(1) monitor at the surface for the presence ofradioactive contamination with a radiation surveyinstrument or logging tool during logging tool re-covery operations; and

(2) notify the department immediately bytelephone and subsequently, within 30 days, byconfirmatory written report if the licensee knowsor has reason to believe that a sealed source hasbeen ruptured. This written report shall identifythe well or other location, describe the magnitudeand extent of the escape of radioactive material,


340

assess the consequences of the rupture, and ex-plain efforts planned or being taken to mitigatethese consequences.

(c) If it becomes apparent that efforts to re-cover the radioactive source will not be successful,the licensee shall comply with the followingrequirements.

(1) The licensee shall advise the well-operatorof the following requirements regarding themethod of abandonment:

(A) The well-operator shall immobilize andseal the radioactive source in place with a cementplug.

(B) The well-operator shall set in place a whip-stock or other deflection device.

(C) The well-operator shall mount a perma-nent identification plaque at the surface of thewell, containing the appropriate information re-quired by this regulation.

(2) The licensee shall notify the department bytelephone, giving the circumstances of the loss,and request approval of the proposed abandon-ment procedures.

(3) The licensee shall file a written report withthe department within 30 days of the abandon-ment, setting forth the following information:

(A) the date of occurrence and a brief descrip-tion of attempts to recover the source;

(B) a description of the radioactive source in-volved, including the radionuclide, quantity, andchemical and physical form;

(C) a description of the surface location andidentification of well;

(D) the results of efforts to immobilize and setthe source in place;

(E) the depth of the radioactive source;(F) the depth of the top of the cement plug;(G) the depth of the well; and(H) the information contained on the perma-

nent identification plaque.(d) Whenever a sealed source containing

radioactive material is abandoned downhole, thelicensee shall provide a permanent plaque as de-scribed in K.A.R. 28-35-364 for posting on thewell or well-bore. The plaque shall:

(1) be constructed of long-lasting material,which may include stainless steel or monel; and

(2) contain the following information engravedon its face:

(A) the word ‘‘CAUTION’’;(B) the radiation symbol, without the conven-

tional color requirement;

(C) the date of abandonment;(D) the name of the well operator or well

owner;(E) the well name and well identification num-

ber or numbers or other designation;(F) a description of the sealed source or

sources, by radionuclide and quantity of activity;(G) the source depth and the depth to the top

of the plug; and(H) an appropriate warning which, depending

on the specific circumstances of that abandon-ment, shall include:

(i) ‘‘Do not drill below plug back depth’’;(ii) ‘‘do not enlarge casing’’; or(iii) ‘‘do not reenter the hole before contacting

the Kansas department of health and environmentradiation control program’’; and

(3) be a minimum of seven inches square. Theword caution shall be written in 1⁄2-inch letters andall other information shall be written in 1⁄4-inchletters.

(e) Each licensee shall immediately notify thedepartment by telephone, and subsequently byconfirming letter, if the licensee knows or has rea-son to believe that radioactive material has beenlost in or to an underground potable water source.The notice shall designate the well location andshall describe the magnitude and extent of loss ofradioactive material, assess the consequences ofsuch loss, and explain efforts planned or beingtaken to mitigate these consequences. (Author-ized by and implementing K.S.A. 48-1607; effec-tive Sept. 20, 1993; amended Nov. 1, 1996.)

28-35-363. Appendix A; trainingcourses for logging supervisors; subjects. (a)Each training course for logging supervisors shallcover the fundamentals of radiation safety,including:

(1) characteristics of radiation;(2) units of radiation dose and quantity of ra-

dioactivity; and(3) significance of radiation dose, including;(A) radiation protection standards; and(B) biological effects of radiation dose;(4) levels of radiation from sources of radiation;(5) methods of minimizing radiation dose,

including:(A) working time;(B) working distances; and(C) shielding; and(6) radiation safety practices, including preven-

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tion of contamination and methods ofdecontamination.

(b) Each training course for logging supervi-sors shall cover radiation detection instrumenta-tion to be used, including:

(1) use of radiation survey instruments, includ-ing training as to their:

(A) operation;(B) calibration; and(C) limitations;(2) survey techniques; and(3) use of personnel monitoring equipment.(c) Each training course for logging supervisors

shall cover the equipment to be used, including:(1) handling equipment;(2) sources of radiation;(3) storage and control of equipment; and(4) operation and control of equipment.(d) Each training course for logging supervi-

sors shall include:(1) the requirements of pertinent federal and

state regulations;(2) the licensee’s or registrant’s written oper-

ating and emergency procedures; and(3) the licensee’s or registrant’s record-keeping

procedures. (Authorized by and implementingK.S.A. 1992 Supp. 48-1607; effective Sept. 20,1993.)

PART 12.—LICENSURE AND RADIATION SAFETYREQUIREMENTS FOR IRRADIATORS

28-35-375. General requirements. Theprovisions of 10 CFR part 36, as in effect on May4, 2004, are hereby adopted by reference, with thechanges specified in this regulation. (a) All reportsrequired by this regulation shall be submitted tothe department.

(b) The following sections shall be deleted:(1) 10 CFR 36.2, ‘‘definitions’’;(2) 10 CFR 36.5, ‘‘interpretations’’;(3) 10 CFR 36.8, ‘‘information collection

requirements: OMB approval’’;(4) 10 CFR 36.11, ‘‘application for a specific

license’’;(5) 10 CFR 36.91, ‘‘violations’’; and(6) 10 CFR 36.93, ‘‘criminal penalties.’’(c) Wherever the following CFR references

occur within 10 CFR part 36, these referencesshall be replaced with the specified references toregulations and parts in this article:

(1) ‘‘10 CFR part 19’’ shall be replaced with‘‘part 10, ‘instructions and reports to worker:inspections.’’’

(2) ‘‘10 CFR 20.1501(c)’’ shall be replaced with‘‘K.A.R. 28-35-217a, ‘conditions requiring individ-ual monitoring of external and internal occupa-tional dose.’’’

(3) ‘‘10 CFR 20.1902’’ shall be replaced with‘‘K.A.R. 28-35-219a, ‘caution signs and labels.’’’

(4) ‘‘10 CFR 30.33 of this chapter’’ shall be re-placed with ‘‘K.A.R. 28-35-180a, ‘general require-ments for the issuance of specific licenses.’’’

(5) ‘‘10 CFR 30.35’’ shall be replaced with‘‘K.A.R. 28-35-180b, ‘financial assurance fordecommissioning.’’’

(6) ‘‘10 CFR 30.41’’ shall be replaced with‘‘K.A.R. 28-35-190a, ‘transfer of material.’’’

(7) ‘‘10 CFR 30.50’’ shall be replaced with‘‘K.A.R. 28-35-230a, ‘reports of over-exposuresand excessive levels and concentrations.’’’

(8) ‘‘10 CFR 30.51’’ shall be replaced with‘‘K.A.R. 28-35-137, ‘records.’’’

(9) ‘‘10 CFR 170.31’’ shall be replaced with‘‘K.A.R. 28-35-147a, ‘schedule of fees.’’’

(d) Wherever the following terms occur within10 CFR part 36, these terms shall be replacedwith ‘‘department’’:

(1) ‘‘Commission’’;(2) ‘‘NRC operation center’’;(3) ‘‘NRC regional office’’; and(4) ‘‘NRC.’’(e) The following changes shall be made to the

sections specified:(1) In 10 CFR 36.51, paragraph (a)(2) shall be

replaced with the following text: ‘‘the require-ments of part 10 and part 12 of these regulationsthat are relevant to the irradiator.’’

(2) In 10 CFR 36.57(d), the last sentence shallbe replaced with the following sentence: ‘‘Radio-active concentrations shall not exceed those spec-ified in ‘appendices to part 4: standards for pro-tection against radiation,’ effective April 1994,table 2, column 2 or table 3 of appendix B, ‘annuallimits on intake (ALIs) and derived air concentra-tions (DACs) or radionuclides for occupational ex-posure; effluent concentrations; concentrationsfor release to sewerage.’ ’’

(3) In 10 CFR 36.59(c), the last sentence shallbe replaced with the following sentence: ‘‘If a poolis contaminated, the licensee shall arrange toclean the pool until the contamination levels donot exceed the appropriate concentration in table2, column 2 of ‘appendices to part 4: standards forprotection against radiation,’ effective April1994.’’ (Authorized by and implementing K.S.A.48-1607; effective Dec. 30, 2005.)


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PART 13.—CONTINGENCY PLANNING FORRESPONSE TO RADIOACTIVE MATERIAL

EMERGENCIES

28-35-400. Applicability; additionalrequirements. (a) Each person licensed to re-ceive, possess, own, acquire, use, process, store,transfer, or dispose of radioactive material shall besubject to this part.

(b) In addition to conforming to the licensingrequirements in part 3 of these regulations andthe requirements for protection in part 4 of theseregulations, each licensee with any of the quanti-ties of radioactive material specified in K.A.R. 28-35-411 shall be required to evaluate and prepareto respond to an event involving the possible re-lease of radioactive material. This requirementshall include, at a minimum, immediate activitiesincluding containment, rescue, notification, andsecuring the scene of an event. (Authorized byK.S.A. 48-1607; implementing K.S.A. 48-1602; ef-fective Dec. 30, 2005.)

28-35-401. Dose evaluation and contin-gency plan.Each person seeking a license to pos-sess radioactive material in unsealed form, on afoil or plated source, or sealed in glass shall submitan application containing either of the following,if the radioactive material is in excess of any of thequantities specified in K.A.R. 28-35-411:

(a) An evaluation, as specified in K.A.R. 28-35-402, showing that the projected dose to a personoff-site due to a release of radioactive materialwould not exceed 0.01 sievert (1 rem) total effec-tive dose equivalent or 0.01 sievert (1 rem) to thethyroid; or

(b) a contingency plan, as prescribed in K.A.R.28-35-403, for responding to any event in whichradioactive material could be released from thesite. (Authorized by K.S.A. 48-1607; implement-ing K.S.A. 48-1602; effective Dec. 30, 2005.)

28-35-402. Evaluation of potentialdose. (a) For purposes of this part, the followingterms shall have the meanings specified in thissubsection.

(1) ‘‘Release fraction’’ means the ratio of thequantity of radioactive material released to thequantity of radioactive material available forrelease.

(2) ‘‘Respirable size range’’ means the range ofsizes of airborne particles that can be depositedanywhere in the respiratory tract.

(b) In evaluating the total effective dose equiv-alent to an individual as specified in K.A.R. 28-

35-401, the applicant may take the following intoaccount, as applicable:

(1) The radioactive material is physically sepa-rated so that only a portion could be involved inan alert, site area emergency, or generalemergency.

(2) All or part of the radioactive material, be-cause of the way the material is stored or pack-aged, is not subject to release during an alert, sitearea emergency, or general emergency.

(3) The release fraction in the respirable sizerange is predicted to be lower than the releasefraction specified in K.A.R. 28-35-411, due to thechemical or physical form of the material.

(4) The solubility in body fluids of the radio-active material is predicted to reduce the dosereceived.

(5) The facility design or engineered safety fea-tures in the facility are predicted to cause the re-lease fraction to be lower than the release fractionspecified in K.A.R. 28-35-411.

(6) The operating restrictions or proceduresare predicted to prevent any release fraction equalto or larger than that specified in K.A.R. 28-35-411. (Authorized by K.S.A. 48-1607; implement-ing K.S.A. 48-1602; effective Dec. 30, 2005.)

28-35-403. Contents of contingencyplan. Each applicant or licensee shall ensure thatthe contingency plan that is submitted as specifiedin K.A.R. 28-35-401 includes information aboutthe following, in separate sections:

(a) The facility, including a brief description ofthe applicant’s or licensee’s facility andsurroundings;

(b) the types of accidents that the contingencyplan addresses, including an identification of eachtype of alert, site area emergency, or generalemergency involving radioactive material forwhich actions by applicant’s or licensee’s staff oroff-site response organizations will be needed toprotect members of the public;

(c) classification of accidents, consisting of amethod for classifying and declaring each alert,site area emergency, or general emergency as de-fined in this part;

(d) detection of accidents, including the iden-tification of the means for detecting each type ofalert, site area emergency, or general emergencyin a timely manner;

(e) mitigation of consequences, including abrief description of the means and equipmentthat are available for mitigating the consequences

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of each type of alert, site area emergency, or gen-eral emergency including the following:

(1) Means and equipment provided to protectworkers on-site;

(2) a description of the program for maintain-ing the equipment;

(3) radiological exposure controls for on-siteand off-site response personnel; and

(4) the readiness to carry out special effortswithin any designated emergency planning zone;

(f) assessment of radioactive releases, includ-ing a brief description of the methods and equip-ment available to assess any releases of radioactivematerial;

(g) personnel responsibilities, including thefollowing information:

(1) The names and titles of the applicant’s orlicensee’s personnel responsible for developing,maintaining, and updating the contingency plan;

(2) a brief description of the responsibilities ofthe applicant’s or licensee’s personnel who will re-spond if an alert, site area emergency, or generalemergency is declared, including identification ofpersonnel responsible for promptly notifying off-site response organizations, which shall includethe department; and

(3) a list of off-site response organizations, adescription of their responsibilities and antici-pated actions, and a copy of their formal commit-ments, if any;

(h) notification, coordination, and use of off-site response organizations, including the follow-ing information:

(1) A brief description of the means forpromptly notifying the off-site response organi-zations specified in paragraph (g)(3) of this regu-lation if an alert, site area emergency, or generalemergency occurs;

(2) a brief description of the arrangementsmade for requesting, and coordinating, and usingoff-site organizations capable of augmenting theplanned on-site response, including arrangementsfor backup communications and 24-hour responsecapability. The types of assistance that could berequested may include medical treatment of con-taminated or injured on-site workers;

(3) a description or drawing of designated lo-cations from which control and assessment of analert, site area emergency, or general emergencywould be exercised; and

(4) provisions of notification and coordinationif key personnel, parts of the facility, or any equip-ment is unavailable;

(i) information to be communicated, includingthe following information:

(1) A brief description of the information to beprovided to off-site response organizations, whichshall include the department, if an alert, site areaemergency, or general emergency occurs. Thetypes of information to be provided shall includethe following:

(A) The declared status of the facility;(B) a description of the actual or potential re-

leases of radioactive material;(C) the names and telephone numbers of per-

sonnel designated as points of contact;(D) the population that has been affected; and(E) any recommendations for protective

action;(2) a brief description of the types of infor-

mation to be provided to the public by facility staffand through off-site response organizations; and

(3) if protective action by the public is part ofthe contingency plan, a description of how thepublic will be trained to perform the action;

(j) training, including the followinginformation:

(1) A brief description of the performance ob-jectives and plans for the initial and annual train-ing that the applicant or licensee will provide toworkers and responders about how to respond toan emergency, including any special instructionsand orientation tours that the applicant or licenseewill provide for fire, police, medical, and otheremergency response personnel;

(2) provisions for familiarizing radiation work-ers and non-radiation workers, including off-siteresponders, with site-specific hazards and emer-gency procedures; and

(3) provisions for preparing site personnel fortheir responsibilities during an alert, site areaemergency, or general emergency, including theuse of drills, exercises and team training;

(k) drills and exercises, including specificationsfor the following:

(1) Conducting quarterly communicationschecks with off-site response organizations thatinclude the verification and updating of all nec-essary telephone numbers and other electroniccommunication addresses;

(2) conducting at least one radiological andhealth physics, medical drill, or fire drill every twoyears and conducting, between the required bi-ennial drills, at least one drill involving a combi-nation of some of the principal functional areas of


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the applicant’s or licensee’s on-site emergency re-sponse capabilities;

(3) inviting off-site response organizations toparticipate in on-site exercises conducted pursu-ant to K.A.R. 28-35-407;

(4) using several alert, site area emergency, orgeneral emergency scenarios, including those in-volving many of the potential responders identi-fied in the contingency plan and those postulatedas most probable for the specific site, up to andincluding the maximum credible accident; and

(5) ensuring that scenarios are not known inadvance by the exercise participants whose rolesare prescribed in the contingency plan; and

(l) the criteria for determining when a safe con-dition exists, including a brief description of thesite-specific criteria for a safe condition and themeans of restoring the facility and surroundingsto a safe condition after an alert, site area emer-gency, or general emergency. (Authorized byK.S.A. 48-1607; implementing K.S.A. 48-1602; ef-fective Dec. 30, 2005.)

28-35-404. Comment from off-site re-sponse organizations. (a) Each applicant or li-censee shall provide the contingency plan forcomment to off-site response organizations ex-pected to respond in case of an alert, site areaemergency, or general emergency including, at aminimum, local fire, ambulance, emergency man-agement, and hospital emergency response offi-cials. The applicant or licensee shall provide thecontingency plan to these organizations at least 60days before submitting the plan to the depart-ment. Each applicant or licensee shall submit anychanges to the plan to off-site agencies for com-ment before resubmitting the plan to thedepartment.

(b) Each applicant or licensee shall provideeach comment received within the 60 days spec-ified in subsection (a) to the department with theinitial or amended contingency plan. The appli-cant or licensee shall also provide to the depart-ment any proposed response to the comment orcomments. (Authorized by K.S.A. 48-1607; imple-menting K.S.A. 48-1602; effective Dec. 30, 2005.)

28-35-405. Certification of compliance.Each applicant shall certify to the department thatthe applicant is in compliance with the emergencyplanning and community right-to-know act of1986, title III, pub. L. 99-499, at the proposedplace of use of the radioactive material. (Author-

ized by K.S.A. 48-1607; implementing K.S.A. 48-1602; effective Dec. 30, 2005.)

28-35-406. Training. Each licensee re-quired to submit a contingency plan in accordancewith K.A.R. 28-35-401 shall provide training to fa-cility staff and to personnel for each off-site re-sponse organization at least annually for each per-son who is responsible for responding to the typesof accidents postulated in the contingency plan asmost probable for the specific site. (Authorized byK.S.A. 48-1607; implementing K.S.A. 48-1602; ef-fective Dec. 30, 2005.)

28-35-407. Conduct of drills and exer-cises. Each licensee that is required to submit acontingency plan in accordance with K.A.R. 28-35-401 shall meet the following requirements:

(a) Conduct drills and exercises at least everytwo years to test the response to simulatedemergencies;

(b) perform critiques of drills and exercises andensure that these critiques evaluate the appropri-ateness of the contingency plan, emergency pro-cedures, facilities, equipment, training of person-nel, and overall effectiveness of the response;

(c) unless the secretary approves otherwise,ensure that the critique of each exercise is per-formed by individuals who are not responsible forconducting the exercise; and

(d) correct any deficiencies noted in the cri-tique of each drill and exercise within a time pe-riod for corrective action that is conveyed, in writ-ing, to the department and approved by thesecretary. (Authorized by K.S.A. 48-1607; imple-menting K.S.A. 48-1602; effective Dec. 30, 2005.)

28-35-408. Plan implementation. Eachlicensee required to submit a contingency plan inaccordance with K.A.R. 28-35-401 shall meet thefollowing requirements:

(a) Comply with the contingency plan submit-ted to the department;

(b) notify all off-site response organizations, in-cluding the department, not later than one hourafter the licensee declares an alert, site area emer-gency, or general emergency; and

(c) promptly report any projected dose andprotective action recommendation as required bythe contingency plan. (Authorized by K.S.A. 48-1607; implementing K.S.A. 48-1602; effectiveDec. 30, 2005.)

28-35-409. Contingency plan revision.Each licensee that is required to submit a contin-

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gency plan pursuant to K.A.R. 28-35-401 shallcomply with the following:

(a) Update the contingency plan at least an-nually and provide the updated contingency planto the department and to affected off-site re-sponse organizations within 30 days after the up-date is completed; and

(b) obtain the secretary’s written approval be-fore implementing any changes to the plan, exceptfor updating individual names, titles, assignmentsof responsibility, and telephone numbers. All up-dates of individual names, titles, assignments ofresponsibility, and telephone numbers shall be re-ported to the department and to affected off-siteresponse organizations within 30 days of thesechanges. (Authorized by K.S.A. 48-1607; imple-menting K.S.A. 48-1602; effective Dec. 30, 2005.)

28-35-410. Documentation and record-keeping. Each licensee required to submit acontingency plan pursuant to K.A.R. 28-35-401shall retain the following records in accordancewith the recordkeeping requirements of part 3 ofthese regulations:

(a) The reports of contingency plan training,drills, and exercises as specified in K.A.R. 28-35-403; and

(b) the revisions and records of all notificationsand reports as specified in K.A.R. 28-35-409 andpart 3 of these regulations. (Authorized by K.S.A.48-1607; implementing K.S.A. 48-1602; effectiveDec. 30, 2005.)

28-35-411. Table of quantities of radi-oactive material; need for contingency plan.Quantities of Radioactive Materials RequiringConsideration of the Need for a Contingency

Plan for Responding to a ReleaseRelease Quantity Quantity

Radioactive Material1 Fraction (GBq) (Ci)Actinium-228 0.001 148,000 4,000Americium-241 0.001 74 2Americium-242 0.001 74 2Americium-243 0.001 74 2Antimony-124 0.01 148,000 4,000Antimony-126 0.01 222,000 6,000Barium-133 0.01 370,000 10,000Barium-140 0.01 1,110,000 30,000Bismuth-207 0.01 185,000 5,000Bismuth-210 0.01 22,200 600Cadmium-109 0.01 37,000 1,000Cadmium-113 0.01 2,960 80Calcium-45 0.01 740,000 20,000Californium-252 0.001 333 9 (20 mg)Carbon-14 (Non-CO) 0.01 1,850,000 50,000Cerium-141 0.01 370,000 10,000Cerium-144 0.01 11,100 300Cesium-134 0.01 74,000 2,000Cesium-137 0.01 111,000 3,000

Release Quantity Quantity

Chlorine-36 0.5 3,700 100Chromium-51 0.01 11,100,000 300,000Cobalt-60 0.001 185,000 5,000Copper-64 0.01 7,400,000 200,000Curium-242 0.001 2,220 60Curium-243 0.001 110 3Curium-244 0.001 148 4Curium-245 0.001 74 2Europium-152 0.01 18,500 500Europium-154 0.01 14,800 400Europium-155 0.01 111,000 3,000Gadolinium-153 0.01 185,000 5,000Gold-198 0.01 1,110,000 30,000Hafnium-172 0.01 14,800 400Hafnium-181 0.01 259,000 7,000Holmium-166m 0.01 3,700 100Hydrogen-3 0.5 740,000 20,000Indium-114m 0.01 37,000 1,000Iodine-124 0.5 370 10Iodine-125 0.5 370 10Iodine-131 0.5 370 10Indium-114m 0.01 37,000 1,000Iridium-192 0.001 1,480,000 40,000Iron-55 0.01 1,480,000 40,000Iron-59 0.01 259,000 7,000Krypton-85 1.0 222,000,000 6,000,000Lead-210 0.01 296 8Manganese-56 0.01 2,220,000 60,000Mercury-203 0.01 370,000 10,000Molybdenum-99 0.01 1,110,000 30,000Neptunium-237 0.001 74 2Nickel-63 0.01 740,000 20,000Niobium-94 0.01 11,100 300Phosphorus-32 0.5 3,700 100Phosphorus-33 0.5 37,000 1,000Polonium-210 0.01 370 10Potassium-42 0.01 333,000 9,000Promethium-145 0.01 148,000 4,000Promethium-147 0.01 148,000 4,000Ruthenium-106 0.01 7,400 200Samarium-151 0.01 148,000 4,000Scandium-46 0.01 111,000 3,000Selenium-75 0.01 370,000 10,000Silver-110m 0.01 37,000 1,000Sodium-22 0.01 333,000 9,000Sodium-24 0.01 370,000 10,000Strontium-89 0.01 111,000 3,000Strontium-90 0.01 3,330 90Sulfur-35 0.5 3,330 900Technetium-99 0.01 370,000 10,000Technetium-99m 0.01 14,800,000 400,000Tellurium-127m 0.01 185,000 5,000Tellurium-129m 0.01 185,000 5,000Terbium-160 0.01 148,000 4,000Thulium-170 0.01 148,000 4,000Tin-113 0.01 370,000 10,000Tin-123 0.01 111,000 3,000Tin-126 0.01 37,000 1,000Titanium-44 0.01 3,700 100Vanadium-48 0.01 259,000 7,000Xenon-133 1.0 33,300,000 900,000Yttrium-91 0.01 74,000 2,000Zinc-65 0.01 185,000 5,000Zirconium-93 0.01 14,800 400Zirconium-95 0.01 185,000 5,000Any other beta-gammaemitter

0.01 370,000 10,000

Mixed fission products 0.01 37,000 1,000Contaminated equipment:

beta-gamma emitters 0.001 370,000 10,000


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Release Quantity Quantity

Irradiated material, in any formother than solidnoncombustible 0.01 370,000 10,000

Irradiated material that issolid and

noncombustible0.001 370,000 10,000

Mixed radioactive waste:beta-gamma emitters 0.01 37,000 1,000

Packaged mixed waste2:beta-gamma emitters 0.001 370,000 10,000

Any other alpha emitter 0.001 74 2Contaminated equipment:

alpha emitters 0.0001 740 20Packaged waste2:

alpha emitters 0.0001 740 20

1 For combinations of radioactive materials, the licensee shall berequired to consider whether a contingency plan is needed if the sumof the ratios of the quantity of each radioactive material authorized tothe quantity listed in this table for that material exceeds one.

2 Waste packaged in type B containers shall not require a contin-gency plan.

(Authorized by K.S.A. 48-1607; implementingK.S.A. 48-1602; effective Dec. 30, 2005.)

PART 14.—THERAPEUTIC RADIATION MACHINES

28-35-450. General requirements. Theprovisions of ‘‘part X: therapeutic radiation ma-chines’’ in volume 1 of the ‘‘suggested state reg-ulations for control of radiation,’’ including ap-pendix A, published by the conference ofradiation control program directors, inc. anddated February 2005, are hereby adopted by ref-erence, with the changes specified in this regula-tion. (a) Sec. X.2, ‘‘definitions,’’ shall be deleted.

(b) Sec. X.3(d)(vi) shall be deleted.(c) Wherever the following phrases and refer-

ences occur in part X, these phrases and refer-ences shall be replaced with the specified phrasesand references to regulations and parts in thisarticle:

(1) ‘‘Agency’’ shall be replaced with‘‘department.’’

(2) ‘‘[INSERT EFFECTIVE DATE OFTHESE REGULATIONS]’’ shall be replacedwith ‘‘the effective date of these regulations.’’

(3) ‘‘G.14’’ shall be replaced with ‘‘part 6.’’(d) The following phrases in part X shall be re-

placed with the phrase ‘‘part 4’’:(1) In sec. X.3(i), ‘‘Parts D.1201, D.1205 and

D.1502’’;(2) in sec. X.4(a)(i)(1), ‘‘Part D.1201a.’’;(3) in sec. X.4(a)(i)(2), ‘‘Parts D.1301a. and

D.1301b’’;(4) in sec. X.4(b), (b)(i), and (b)(iv), ‘‘Parts

D.1301a. and D.1301b.’’;(5) in sec. X.4(b)(iv), ‘‘Part D.1301c.’’;(6) in sec. X.6(r)(vi), ‘‘Part D.1201’’;

(7) in sec. X.9(a), ‘‘Parts D.1201 and D.1301’’;and

(8) in appendix A, sec. II(C), ‘‘Part D.1201.’’(e) In sec. X.3(e), paragraph (i) shall be re-

placed with the following text: ‘‘Individuals oper-ating a therapeutic radiation machine for healingarts purposes shall meet the requirements speci-fied in the radiologic technologists practice actand shall have satisfactorily completed an educa-tion program in radiation therapy that meets thecriteria specified in K.A.R. 100-73-3.’’ (Author-ized by and implementing K.S.A. 48-1607; effec-tive Dec. 30, 2005; amended July 27, 2007.)

PART 15.—PACKAGING AND TRANSPORTATIONOF RADIOACTIVE MATERIAL

28-35-500. General license: NRC-ap-proved packages. (a) A general license shall bedeemed to have been issued to any licensee totransport, or to deliver to a carrier for transport,any licensed or registered material in a packagefor which a license, certificate of compliance(CoC), or other approval has been issued by theNRC.

(b) Each general license specified in subsec-tion (a) shall apply only to a licensee who has aquality assurance program approved by the NRC.

(c) Each general license specified in subsection(a) shall apply only to a licensee who meets thefollowing requirements:

(1) Has a copy of the specific license, certifi-cate of compliance, or other approval by the NRCfor the package and has the drawings and anyother documents referenced in the approval re-lating to the use and maintenance of the packageand to the actions to be taken before shipment;

(2) complies with the terms and conditions ofthe license, certificate of compliance, or other ap-proval, as applicable, and with the applicablerequirements of this part; and

(3) has registered with the NRC before the li-censee’s first use of the package.

(d) Each general license specified in subsec-tion (a) shall apply only if the package approvalauthorizes the use of the package under this gen-eral license.

(e) Each general licensee specified in subsec-tion (a) shall meet the requirements of K.A.R. 28-35-501 when using any type B or fissile materialpackage approved by the NRC before April 1,1996. (Authorized by and implementing K.S.A.48-1607; effective Dec. 30, 2005.)

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28-35-501. Previously approved type Bpackage. (a)(1) Any type B package previouslyapproved by the NRC but not designated as‘‘B(U),’’ ‘‘B(M),’’ ‘‘B(U)F,’’ or ‘‘B(M)F’’ in theidentification number of the NRC CoC and anytype AF package approved by the NRC beforeSeptember 6, 1983 may be used under the generallicense specified in K.A.R. 28-35-500(a), if the fol-lowing additional provisions are met:

(A) The fabrication of the packaging was sat-isfactorily completed by August 31, 1986, as dem-onstrated by application of the model number onthe package in accordance with 10 CFR 71.85(c).

(B) A serial number is assigned that is a uniqueidentifier of each package that conforms to theapproved design. The serial number shall be leg-ibly and durably marked on the outside of eachpackage.

(2) This subsection shall not apply to type Bpackages after October 1, 2008.

(b) Any type B(U) package, type B(M) pack-age, or fissile material package may be used underthe general license specified in K.A.R. 28-35-500(a), if the following provisions are met:

(1) The package has been previously approvedby the NRC and does not have the designation‘‘-85’’ in the identification number of the NRCCoC.

(2) The fabrication of the package was satisfac-torily completed on or before April 1, 1999, asdemonstrated by the application of the modelnumber on the package in accordance with 10CFR 71.85(c).

(3) The package used for a shipment to a lo-cation outside the United States is subject to mul-tilateral approval as defined in the U.S. DOT reg-ulations specified in 49 CFR 173.403.

(4) A serial number is assigned that is a uniqueidentifier of the package conforming to the ap-proved design. The serial number shall be legiblyand durably marked on the outside of the package.(Authorized by and implementing K.S.A. 48-1607;effective Dec. 30, 2005.)

28-35-502. Air transport of plutonium.(a) Notwithstanding any applicable provisions ofany general licenses and notwithstanding any ap-plicable exemptions stated in this part or in theU.S. department of transportation regulations,each licensee shall ensure that plutonium in anyform, whether for import, export, or domesticshipment, is not transported by air or delivered to

a carrier for air transport unless at least one of thefollowing conditions is met:

(1) The plutonium is contained in a medicaldevice designed for human application for oneindividual.

(2) The plutonium is contained in a material inwhich the specific activity is less than or equal tothe activity concentration values for plutoniumspecified in K.A.R. 28-35-221b and in which theradioactivity is essentially uniformly distributed.

(3) The plutonium is shipped in a single pack-age containing no more than an A2 quantity ofplutonium in any isotope or form and is shippedas specified in K.A.R. 28-35-196a.

(4) The plutonium is shipped in a package spe-cifically authorized for the shipment of plutoniumby air in the certificate of compliance issued bythe NRC for that package.

(b) Nothing in subsection (a) of this regulationshall be interpreted as removing or diminishingthe requirements of 10 CFR 73.24.

(c) For any shipment of plutonium by air thatis subject to paragraph (a)(4), each licensee shall,through special arrangement with the carrier, re-quire the carrier’s compliance with 49 CFR175.704. (Authorized by and implementing K.S.A.48-1607; effective Dec. 30, 2005.)

28-35-503. Package-opening instruc-tions. Before delivering any package containinglicensed or registered material to a carrier fortransport, each licensee shall ensure that any spe-cial instructions that are needed to safely open thepackage have been sent to, or otherwise have beenmade available to, the consignee for the con-signee’s use in accordance with K.A.R. 28-35-221a. (Authorized by and implementing K.S.A.48-1607; effective Dec. 30, 2005.)

28-35-504. Advance notification ofshipment of certain types of licensed or reg-istered material. (a) As specified in subsections(b), (c), and (d) of this regulation, each licenseeshall provide advance notification to the governor,or the governor’s designee, of each state of eachshipment of licensed or registered materialthrough or across the boundary of that governor’sstate. The licensee shall provide this advance no-tification before transporting, or delivering to acarrier for transport, any licensed or registeredmaterial outside the confines of the licensee’s fa-cility or other place of use or storage.

(b)(1) The advance notification specified insubsection (a) shall be required for each shipment


348

of irradiated reactor fuel containing 100 grams orless in net weight of irradiated fuel, exclusive ofcladding and any other structural or packagingmaterial, that has a total external radiation doserate in excess of 100 rems per hour at a distanceof three feet from any accessible surface withoutintervening shielding.

(2) The advance notification specified in sub-section (a) shall also be required for each ship-ment of licensed or registeredmaterial, other thanirradiated fuel, meeting all of the followingconditions:

(A) The licensed or registered material is re-quired to be shipped in a type B package for trans-portation as specified in this part.

(B) The licensed or registered material is beingtransported to or across a state boundary en routeto a disposal facility or to a collection point fortransport to a disposal facility.

(C) The quantity of licensed or registered ma-terial in a single package exceeds the smaller ofthe following:

(i) 3,000 times the A1 value of the radionuclidesas specified in K.A.R. 28-35-221b for special formradioactive material or 3,000 times the A2 value ofthe radionuclides as specified in K.A.R. 28-35-221b for normal form radioactive material; and

(ii) 1,000 TBq (27,000 Ci).(c) The notification specified in subsection (b)

shall meet the following requirements:(1) The notification shall be submitted, in writ-

ing, to the office of each appropriate governor orgovernor’s designee and to the director of the di-vision of nuclear security in the office of nuclearsecurity and incident response. A list of names andaddresses for the governor’s designees can be ob-tained from one of the following sources:

(A) A list is published by the NRC annually inthe federal register on or about June 30.

(B) A list is available on request from the di-rector of the office of state programs at the U.S.NRC.

(2) Each notification delivered by mail shall bepostmarked at least seven days before the begin-ning of the seven-day period during which depar-ture of the shipment is estimated by the licenseeto occur.

(3) Each notification delivered by any meansother than mail shall reach the office of each gov-ernor or governor’s designee at least four days be-fore the beginning of the seven-day period duringwhich departure of the shipment is estimated bythe licensee to occur.

(4) Each licensee shall retain a copy of the no-tification as a record for three years.(d) Each advance notification of any shipment

of irradiated reactor fuel or nuclear waste shallcontain the following information:(1) The name, address, and telephone number

of the shipper, carrier, and receiver of the irradi-ated reactor fuel or nuclear waste shipment;(2) a description of the irradiated reactor fuel

or nuclear waste contained in the shipment, asspecified in the regulations of the U.S. DOT in 49CFR 172.202 and 172.203(d);(3) a shipment schedule, which shall include

the following information:(A) The point of origin of the shipment and a

specification of the seven-day period during whichdeparture of the shipment is estimated by the li-censee to occur;(B) a specification of the seven-day period dur-

ing which arrival of the shipment at the stateboundaries is estimated by the licensee to occur;and(C) the destination of the shipment and a spec-

ification of the seven-day period during which ar-rival of the shipment at the destination is esti-mated by the licensee to occur; and(4) the name of a contact person, including a

telephone number, for current shipmentinformation.(e) If any licensee finds out that the shipment

schedule previously furnished to any governor orgovernor’s designee in accordance with this reg-ulation will not be met, that licensee shall performthe following:(1) Telephone a responsible individual in the

office of the governor or governor’s designee assoon as practical after the licensee has found outthat the shipment schedule will not be met andinform that individual of the revised schedule; and(2) maintain a record of the name of the re-

sponsible individual contacted and the date of thiscontact for three years.(f) Each licensee who cancels an irradiated re-

actor fuel or nuclear waste shipment for whichadvance notification has been sent shall send acancellation notice to the governor of each state,or the governor’s designee, who was previouslynotified and to the director of the division of nu-clear security in the office of nuclear security andincident response. The licensee shall state in thenotice that the notice is a cancellation and shallidentify the advance notification that is being can-celed. The licensee shall retain a copy of the no-

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tice as a record for three years. (Authorized byand implementing K.S.A. 48-1607; effective Dec.30, 2005.)

28-35-505. Quality assurance require-ments. Each program for transport container in-spection and maintenance that is limited to radi-ographic exposure devices, source changers, orany package transporting these devices or chang-ers and that meets the requirements of K.A.R. 28-35-282a or equivalent NRC or agreement staterequirements shall be deemed to meet the re-quirement specified in K.A.R. 28-35-500(b). (Au-thorized by and implementing K.S.A. 48-1607; ef-fective Dec. 30, 2005.)

Article 36.—FOOD SERVICEESTABLISHMENTS, FOOD VENDINGMACHINE COMPANIES AND LODGING

ESTABLISHMENTS

MOBILE UNITS

28-36-1. (Authorized by K.S.A. 1978 Supp.36-503; effective, E-77-45, Sept. 30, 1976; effec-tive Feb. 15, 1977; amended, E-79-16, July 1,1978; amended May 1, 1979; revoked Feb. 18,2005.)

28-36-2 to 28-36-9. Reserved.

FOOD VENDING MACHINES AND FOODVENDING MACHINE COMPANIES

28-36-10 to 28-36-18. (Authorized byK.S.A. 1976 Supp. 36-507; effective, E-77-46,Sept. 30, 1976; effective Feb. 15, 1977; revokedAug. 13, 1999.)

28-36-19. Reserved.

FOOD SERVICE ESTABLISHMENTS

28-36-20. (Authorized by K.S.A. 1978Supp. 36-507; effective, E-79-29, Oct. 24, 1978;effective May 1, 1979; revoked Aug. 13, 1999.)

28-36-21. (Authorized by K.S.A. 36-507;implementing K.S.A. 36-508; effective, E-79-29,Oct. 24, 1978; effective May 1, 1979; amendedAug. 23, 1993; revoked Aug. 13, 1999.)

28-36-22 to 28-36-24. (Authorized byK.S.A. 1978 Supp. 36-507; effective, E-79-29,Oct. 24, 1978; effective May 1, 1979; revoked Aug.13, 1999.)

28-36-25. (Authorized by K.S.A. 36-507;implementing K.S.A. 36-508, K.S.A. 1982 Supp.

36-503; effective, E-79-29, Oct. 24, 1978; effec-tive May 1, 1979; amended, T-83-47, Dec. 8,1982; modified, L. 1983 ch. 350, May 1, 1983;revoked Aug. 13, 1999.)

28-36-26 to 28-36-28. (Authorized byK.S.A. 1978 Supp. 36-507; effective, E-79-29,Oct. 24, 1978; effective May 1, 1979; revoked Aug.13, 1999.)

28-36-29. (Authorized by K.S.A. 36-507;implementing K.S.A. 36-508, K.S.A. 1982 Supp.36-515a; effective, E-79-29, Oct. 24, 1978; effec-tive May 1, 1979; amended, T-83-47, Dec. 8,1982; amended May 1, 1983; revoked Aug. 13,1999.)

APPLICATION AND LICENSE FEES

28-36-30. Fees. (a) (1) Except as specifiedin paragraph (2) of this subsection, the food serv-ice establishment annual license fee shall be $200.

(2) The annual license fee shall be $130 for thefollowing types of food service establishments:

(A) Those that serve the elderly at senior sat-ellite sites with no on-site food preparation; and

(B) those that serve children at school satellitesites with no on-site food preparation.

(b) The food service establishment license ap-plication fee shall be $200. (Authorized by andimplementing K.S.A. 2002 Supp. 36-503; effec-tive, E-79-16, July 1, 1978; effective May 1, 1979;amended, E-82-21, Nov. 16, 1981; amended May1, 1982; amended Dec. 30, 1991; amended Sept.27, 1993; amended Nov. 20, 1998; amended, T-28-7-2-01, July 2, 2001; amended Nov. 9, 2001;amended Oct. 24, 2003.)

28-36-31. Lodging establishment appli-cation fees. The application fee for all lodgingestablishments doing business in Kansas shall bebased on the number of rooms as follows:

1 room to 9 rooms 5 $3010 rooms to 29 rooms 5 $5030 rooms or more 5 $100

(Authorized by K.S.A. 1978 Supp. 36-502; effec-tive, E-79-16, July 1, 1978; effective May 1, 1979.)

28-36-32. (Authorized by K.S.A. 1978Supp. 36-504; effective, E-79-16, July 1, 1978; ef-fective May 1, 1979; revoked Feb. 18, 2005.)

LODGING ESTABLISHMENTS

28-36-33 through 28-36-45. (Author-ized by K.S.A. 1978 Supp. 36-506; effective May