§ 20-21-203 - Definitions. - Arkansas Statutes

20-21-203. Definitions.

As used in this subchapter:

(1) "Accelerator or particle accelerator, medical" means a device used to impart kinetic energy of not greater than one hundred megaelectronvolts (100 MeV) to electrically charged particles such as electrons, protons, deuterons, and helium ions, and which is used for medical purposes;

(2) "Accelerator or particle accelerator, nonmedical" means a device used to impart kinetic energy of not greater than one hundred megaelectronvolts (100 MeV) to electrically charged particles such as electrons, protons, deuterons, and helium ions, and which is not used for medical purposes;

(3) "Accelerator-produced radioactive material" means any material made radioactive, so as to emit radiation spontaneously, by a particle accelerator;

(4) "Agency" means the State Radiation Control Agency;

(5) "Assembler" means any person who is engaged in the business of installing or offering to install radiation machines or components associated with radiation machines;

(6) "Board" means the State Board of Health;

(7) "By-product material" means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;

(8) "Calibration sources -- consulting services" means any individual, group of individuals, or company possessing a sealed radioactive source used for the calibration of radiation-measuring instruments or radiation machines as authorized by a radioactive material license;

(9) "Category I-A hospital" means a hospital or medical center that meets one (1) of the following criteria:

(A) Has a nuclear medicine department, one (1) or more X-ray machines, and one (1) or more particle accelerator units; or

(B) Has a nuclear medicine department, eleven (11) or more X-ray machines, and one (1) or more teletherapy units;

(10) "Category I-B hospital" means a hospital or medical center that has a nuclear medicine department, has ten (10) or fewer X-ray machines, and has one (1) or more teletherapy units;

(11) "Category II-A hospital" means a hospital or medical center that meets one (1) of the following criteria:

(A) Has a nuclear medicine department and eleven (11) or more X-ray machines;

(B) Has a nuclear medicine department and one (1) or more particle accelerator units;

(C) Has one (1) or more X-ray machines and one (1) or more particle accelerator units; or

(D) Has eleven (11) or more X-ray machines and one (1) or more teletherapy units;

(12) "Category II-B hospital" means a hospital or medical center that meets one (1) of the following criteria:

(A) Has a nuclear medicine department and ten (10) or fewer X-ray machines;

(B) Has a nuclear medicine department and one (1) or more teletherapy units; or

(C) Has ten (10) or fewer X-ray machines and one (1) or more teletherapy units;

(13) "Category III hospital" means a hospital or medical center that meets one (1) of the following criteria:

(A) Has a nuclear medicine department;

(B) Has one (1) or more X-ray machines; or

(C) Has one (1) or more teletherapy units;

(14) "Chiropractor" means a person licensed by the Arkansas State Board of Chiropractic Examiners;

(15) "Civil penalty" means any monetary penalty levied on a licensee or registrant because of violation of statutes, regulations, licenses, or registration certificates but does not include criminal penalties;

(16) "Decommissioning" means final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for post-operational care;

(17) "Dental radiographic unit" means any X-ray device that is subject to the requirements for intraoral dental radiographic systems set forth in the rules and regulations for control of sources of ionizing radiation promulgated by the State Board of Health;

(18) "Director" means the Director of the Division of Health of the Department of Health and Human Services;

(19) "Gas chromatograph and X-ray fluorescence devices" means analytical laboratory instruments designed for qualitative and quantitative analysis using radioactive material as a component of the instrument detector or as a fluorescence excitation source;

(20) (A) "General license" means a license effective pursuant to regulations promulgated by the agency without the filing of an application with the Division of Health of the Department of Health and Human Services or the issuance of licensing documents to particular persons to transfer, acquire, own, possess, or use quantities of radioactive material or devices or equipment utilizing radioactive material.

(B) "Specific license" means a license issued to a named person upon application filed pursuant to regulations promulgated under this subchapter to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of radioactive material or equipment utilizing radioactive material.

(C) "Academic broad license" means any radioactive material license issued to a college or university and subject to the special requirements for "specific licenses of broad scope" as set forth in the rules and regulations for control of sources of ionizing radiation promulgated by the State Board of Health.

(D) "Academic radioactive material license" means any radioactive material license issued to a college or university, excluding broad academic licenses;

(21) "High-level radioactive waste" means:

(A) Irradiated reactor fuel;

(B) Liquid wastes resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuel; and

(C) Solids into which such liquid wastes have been converted;

(22) "Industrial units" means X-ray machines used within the manufacturing industry and other industries and in industrial radiography;

(23) "In vitro laboratory testing" means nonhuman use of radioactive material for laboratory testing in accordance with a general license authorized by the rules and regulations for control of sources of ionizing radiation promulgated by the State Board of Health;

(24) "Ionizing radiation" means gamma rays and X rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but it does not include sound or radio waves or visible, infrared, or ultraviolet light;

(25) "Irradiator" means a device or facility which contains and uses sealed sources for the irradiation of objects or materials;

(26) "Low-level radioactive waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section 11e. (2) of the Atomic Energy Act of 1954;

(27) "Mobile nuclear medicine service" means the transportation and medical use of by-product material and diagnostic instrumentation;

(28) "Naturally occurring radioactive material" means any material of natural origin that emits radiation spontaneously, excluding uranium, thorium, and the tailings produced in their extraction or concentration;

(29) "Nuclear gauge" means a device that uses radioactive material as a means of measurement or testing;

(30) "Nuclear medicine" means human use of radioactive material for diagnostic or therapeutic purposes, not including radioisotope teletherapy;

(31) "Nuclear pharmacy" means a facility licensed by the Arkansas State Board of Pharmacy for the purpose of compounding and dispensing prescription drugs which contain or are intended to be used with radioactive material. In addition, the facility is intended to provide service for more than one (1) medical licensee;

(32) "Others", as used in the contexts of registration, means any X-ray machine which is not otherwise included in the definitions in this section;

(33) "Panoramic wet source storage irradiator" means a controlled human access irradiator in which the sealed source is contained in a storage pool, usually containing water, and in which the sealed source is fully shielded when not in use. The sealed source is exposed within a radiation room that is maintained as inaccessible during use by interlocked controls;

(34) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, of any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Atomic Energy Commission, or any successor thereto, and other than federal government agencies licensed by the United States Atomic Energy Commission, or any successor thereto;

(35) "Physician" means any individual possessing a valid physician's and surgeon's certificate issued by this state;

(36) "Podiatrist" means a person licensed by the Arkansas Board of Podiatric Medicine;

(37) "Private practice" means any use of radioactive material subject to the requirements for licensing of individual physicians for human use of radioactive materials as set forth in the rules and regulations for control of sources of ionizing radiation promulgated by the State Board of Health, excluding those installations subject to the requirements for X-ray and electron therapy systems with energies of one megaelectronvolt (1 MeV) and above and for teletherapy as set forth in the same rules and regulations;

(38) "Radiation equipment" means any manufactured product or device or any machine or system which during operation can generate or emit ionizing radiation, except those which emit radiation only from radioactive material;

(39) "Radioactive material" means any material, whether solid, liquid, or gas, which emits radiation spontaneously. "Radioactive material" includes accelerator-produced, by-product, naturally occurring, source, and special nuclear materials;

(40) "Radioactive waste management" means storage, treatment, or disposal of radioactive wastes;

(41) "Radiography" means the examination of the macroscopic structure of materials by nondestructive methods utilizing sources of ionizing radiation;

(42) "Radioisotope teletherapy" means the use of radiation from a sealed radioactive source for medical treatment. This does not include radiation from sealed radioactive sources implanted within individuals or on-surface contact with individuals;

(43) "Reciprocity" means the reciprocal recognition of licenses issued by the United States Nuclear Regulatory Commission or any agreement state other than Arkansas, subject to provisions for reciprocal recognition of licenses as set forth in the rules and regulations for control of sources of ionizing radiation promulgated by the State Board of Health;

(44) "Registration" means registration with the Division of Health of the Department of Health and Human Services by any person possessing any source of ionizing radiation in accordance with rules, regulations, and standards adopted by the division;

(45) "Service personnel" means any person who is engaged in the business of offering or performing:

(A) Repair or service of radiation machines and associated radiation machine components;

(B) Calibration of radiation machines;

(C) Calibration of radiation instrumentation or devices; or

(D) Furnishing personnel dosimetry services to agency licensees or registrants;

(46) "Special nuclear material" means:

(A) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Governor declares by order to be special nuclear material after the United States Atomic Energy Commission, or any successor thereto, has determined the material to be such but does not include source material; or

(B) Any material artificially enriched by any of the foregoing but does not include source material;

(47) "Source material" means:

(A) Uranium, thorium, or any other material which the Governor declares by order to be source material after the United States Atomic Energy Commission, or any successor thereto, has determined the material to be such; or

(B) Ores containing one (1) or more of the foregoing materials, in such concentration as the Governor declares by order to be source material after the United States Atomic Energy Commission, or any successor thereto, has determined the material in such concentration to be source material;

(48) "Sources of radiation" means, collectively, radioactive material and radiation equipment;

(49) "Veterinary medicine radiographic systems" means any X-ray device that is subject to the requirements for veterinary medicine radiographic installations set forth in the rules and regulations for control of sources of ionizing radiation promulgated by the State Board of Health;

(50) "Wireline service operation" means any evaluation or mechanical service which is performed in the well-bore, using devices on a wireline; and

(51) "X-ray tube" means any electron tube which is designed to be used primarily for the production of X rays.