Current through Register No. 40, October 3, 2024
(a) An
individual identified as:
(1) A radiation
safety officer, a teletherapy or medical physicist, an authorized medical
physicist, a nuclear pharmacist, or an authorized nuclear pharmacist on a
DHHS/RHS, or an agreement state, or a Nuclear Regulatory Commission license or
a permit issued by DHHS/RHS, or a Nuclear Regulatory Commission broad scope
licensee or master material license permit, or by a master material license
permittee of broad scope before January 14, 2019, need not comply with the
training requirements of
He-P
4035.61,
He-P
4035.70, or
He-P
4035.74, respectively except the radiation safety
officers and authorized medical physicists identified in He-P 4035.71(a)(1)
shall meet the training requirements in
He-P
4035.61(e) or
He-P
4035.70(c), as appropriate, for any
material or uses for which they were not authorized prior to this
date;
(2) An individual certified
by the American Board of Health Physics in comprehensive health physics;
American Board of Radiology; American Board of Nuclear Medicine; American Board
of Science in Nuclear Medicine; Board of Pharmaceutical Specialties in Nuclear
Pharmacy; American Board of Medical Physics in radiation oncology physics;
Royal College of Physicians and Surgeons of Canada in nuclear medicine;
American Osteopathic Board of Radiology; or American Osteopathic Board of
Nuclear Medicine on or before October 24, 2005, need not comply with the
training requirements of
He-P
4035.61 to be identified as a radiation safety officer
or as an associate radiation safety officer on a DHHS/RHS, an agreement state,
or Nuclear Regulatory Commission license or Nuclear Regulatory Commission
master material license permit for those materials and uses that these
individuals performed on or before October 24, 2005; or
(3) An individual certified by the American
Board of Radiology in therapeutic radiological physics, Roentgen ray and gamma
ray physics, x-ray and radium physics, or radiological physics, or certified by
the American Board of Medical Physics in radiation oncology physics, on or
before October 24, 2005, need not comply with the training requirements for an
authorized medical physicist described in
He-P
4035.70, for those materials and uses that these
individuals performed on or before October 24, 2005.
(b) Physicians, dentists, or podiatrists
identified as authorized users for the medical use of byproduct material on a
license issued by the DHHS/RHS, an agreement state, or the Nuclear Regulatory
Commission, or a permit issued by a Nuclear Regulatory Commission master
material licensee, a permit issued by the DHHS/RHS, or an agreement state, or
the Nuclear Regulatory Commission broad scope licensee, or a permit issued by a
Nuclear Regulatory Commission master material license broad scope permittee
before January 14, 2019, who perform only those medical uses for which they
were authorized on that date need not comply with the training requirements of
He-P 4035 subparts equivalent to 10 CFR 35 Subparts D through H.
(c) Physicians, dentists, or podiatrists not
identified as authorized users for the medical use of byproduct material on a
license issued by DHHS/RHS, an agreement state, or the Nuclear Regulatory
Commission, or a permit issued by a Nuclear Regulatory Commission master
material licensee, a permit issued by DHHS/RHS, an agreement state, or Nuclear
Regulatory Commission broad scope licensee, or a permit issued by a Nuclear
Regulatory Commission master material license of broad scope on or before
October 24, 2005, need not comply with the training requirements of He-P 4035
subparts equivalent to 10 CFR 35 Subparts D through H for those materials and
uses that these individuals performed on or before October 24, 2005, as
follows:
(1) For uses authorized under
He-P
4035.27 or
He-P
4035.31, or oral administration of sodium iodide I-131
requiring a written directive for imaging and localization purposes, a
physician who was certified on or before October 24, 2005, in nuclear medicine
by the American Board of Nuclear Medicine; diagnostic radiology by the American
Board of Radiology; diagnostic radiology or radiology by the American
Osteopathic Board of Radiology; nuclear medicine by the Royal College of
Physicians and Surgeons of Canada; or American Osteopathic Board of Nuclear
Medicine in nuclear medicine;
(2)
For uses authorized under
He-P
4035.35, a physician who was certified on or before
October 24, 2005, by the American Board of Nuclear Medicine; the American Board
of Radiology in radiology, therapeutic radiology, or radiation oncology;
nuclear medicine by the Royal College of Physicians and Surgeons of Canada; or
the American Osteopathic Board of Radiology after 1984;
(3) For uses authorized under
He-P
4035.41 or
He-P
4035.47, a physician who was certified on or before
October 24, 2005, in radiology, therapeutic radiology or radiation oncology by
the American Board of Radiology; radiation oncology by the American Osteopathic
Board of Radiology; radiology, with specialization in radiotherapy, as a
British "Fellow of the Faculty of Radiology" or "Fellow of the Royal College of
Radiology"; or therapeutic radiology by the Canadian Royal College of
Physicians and Surgeons; and
(4)
For uses authorized under
He-P
4035.39, a physician who was certified on or before
October 24, 2005, in radiology, diagnostic radiology, therapeutic radiology, or
radiation oncology by the American Board of Radiology; nuclear medicine by the
American Board of Nuclear Medicine; diagnostic radiology or radiology by the
American Osteopathic Board of Radiology; or nuclear medicine by the Royal
College of Physicians and Surgeons of Canada.
(d) Physicians, dentists, or podiatrists who
used only accelerator-produced radioactive materials, discrete sources of
radium-226, or both, for medical uses performed at locations of use before
August 8, 2009, or an earlier date as noticed by DHHS/RHS, need not comply with
the training requirements of He-P 4035 subparts equivalent to 10 CFR 35
Subparts D through H when performing the same medical uses. A physician,
dentist, or podiatrist, who used only accelerator-produced radioactive
materials, discrete sources of radium-226, or both, for medical uses at the
locations and time period identified in this paragraph, qualifies as an
authorized user for those materials and uses performed before these dates, for
the purposes of He-P 4035.
(e)
Individuals who need not comply with training requirements as described in He-P
4035.71(a) through (d) above may serve as preceptors for, and supervisors of,
applicants seeking authorization on DHHS/RHS licenses for the same uses for
which these individuals are authorized.
(See Revision Note at part heading for He-P 4035) #6942,
eff 2-1-99; ss by #8800, INTERIM, eff 2-1-07, EXPIRED: 7-31-07
New. #8959, eff
8-7-07
