459.2185 - Requirements for transfer of certain detecting, measuring, gauging or controlling devices and devices for producing light or ionized atmosphere to intended users or intermediate transferees

459.2185. Requirements for transfer of certain detecting, measuring, gauging or controlling devices and devices for producing light or ionized atmosphere to intended users or intermediate transferees

1. Except as otherwise provided in subsection 2, before a person may transfer a device containing radioactive material to the intended user of the device or an intermediate transferee for use by the intended user:

(a) Pursuant to a general license issued pursuant to NAC 459.216, the person must be licensed pursuant to NAC 459.216 and 459.282 to distribute such devices and shall, before the initial transfer of the device, provide to the intended user of the device and each intermediate transferee:

(1) A copy of the general license of the transferor issued pursuant to NAC 459.216, except that if subsections 2, 3, 4 and 13 of NAC 459.218 do not apply to the device those provisions may be omitted;

(2) A copy of the provisions of NAC 459.124, subsection 1 of NAC 459.194 and NAC 459.369 and 459.3695;

(3) A list of the services that can be performed only by a specific licensee;

(4) Information concerning acceptable disposal options, including, without limitation, information concerning estimated costs of disposal; and

(5) Notice that it is the policy of the Division to take enforcement action for improper disposal.

(b) Pursuant to a general license which is equivalent to a license issued pursuant to NAC 459.216 and which is issued pursuant to the regulations of the Nuclear Regulatory Commission or an agreement state, the person must be licensed pursuant to NAC 459.216 and shall, before the initial transfer of the device, provide to the intended user of the device and each intermediate transferee:

(1) A copy of the provisions of NAC 459.124, subsection 1 of NAC 459.194 and NAC 459.216 and 459.369 and a copy of the equivalent regulations of the Nuclear Regulatory Commission or agreement state, except that any provisions of the regulations of the Nuclear Regulatory Commission or agreement state which do not apply to the device may be omitted;

(2) If a copy of the regulations of the Nuclear Regulatory Commission is provided in lieu of a copy of the regulations of the agreement state pursuant to subparagraph (1), a statement that the use of the device is regulated by the agreement state;

(3) A list of the services that can be performed only by a specific licensee;

(4) Information concerning acceptable disposal options, including, without limitation, information concerning estimated costs of disposal; and

(5) The name or title, address and telephone number of the contact person at the Nuclear Regulatory Commission or appropriate regulatory agency of the agreement state from whom additional information may be obtained.

2. A licensee described in paragraph (a) or (b) of subsection 1 may propose an alternative method of informing an intended user of the device or other transferee of the type of information set forth in subsection 1 and may use the proposed method upon approval by the Division.

3. A general licensee who is subject to the provisions of paragraph (b) of subsection 1 and who transfers a device containing radioactive material after November 13, 2006, must comply with the provisions of NAC 459.282 concerning the labeling of the device.

Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006; A by R185-08, 5-7-2010

NRS 459.201

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