10A NCAC 15 .0903         REQUIREMENTS FOR ISSUANCE OF A LICENSE FOR ACCELERATORS

(a)  Application for use of a particle accelerator will be approved only if the agency determines that:

(1)           The applicant and the applicant's particle accelerator operators are qualified by reason of training and experience to use the accelerator in such a manner as to minimize danger to public health and safety or property;

(2)           The applicant's proposed equipment, facilities, operating and emergency procedures are adequate to protect health and minimize danger to public health and safety or property, and

(3)           The applicant's management has appointed a Radiation Safety Officer who agrees, in writing, to be responsible for implementing the radiation protection program. The applicant, through the Radiation Safety Officer, shall ensure that radiation safety activities are being performed in accordance with approved procedures and the requirements of this Section.

(4)           The applicant for therapeutic use of a particle accelerator on humans shall:

(A)          have a board-certified physician licensed as outlined in Rule .1903(c)(1) of Section .1900 of this Chapter and licensed to practice medicine in the State of North Carolina; and,

(B)          have a board-certified physicist outlined in Rule .1903(d) of Section .1900 of this Chapter.

(b)  Applications required by Paragraph (a) of this Rule shall be made on forms provided by the Agency. Applications and supporting material shall be submitted to the agency via email to Licensing.ram@dhhs.nc.gov unless directed otherwise by the Agency:

(1)           Persons applying for new accelerator licenses, or for the renewal of existing accelerator licenses, shall submit an Application for Accelerator License. The instructions for completing the application printed on the application form shall be followed. The following information shall appear on the application:

(A)          legal business name and mailing address;

(B)          physical address(es) where accelerators shall be used or possessed. The application shall indicate if accelerators shall be used at temporary jobsites;

(C)          the name, telephone number, and e-mail address of the Radiation Safety Officer;

(D)          the name, telephone number, and e-mail address of the individual to be contacted about the application. If this individual is same as the Radiation Safety Officer, the application may so state;

(E)           the application shall indicate if the application is for a new license, or for the renewal of an existing license, by marking the corresponding check box;

(F)           if the application is for the renewal of an existing license, the license number shall be provided on the application;

(G)          applicants shall indicate the type and category of license as shown on the form by marking the corresponding check box; and

(H)          the printed name, title, and signature of the certifying official. The certifying official shall be an individual employed by the business or licensee, who is authorized by the licensee to sign license applications on behalf of the business or licensee.

(2)           Persons applying for an amendment to an existing license shall submit an Application for Amendment of Radioactive Materials and Accelerator Licenses. The instructions for completing the application printed on the application form shall be followed. The following information shall appear on the application:

(A)          the license number;

(B)          amendment number of the current license;

(C)          expiration date of the license;

(D)          licensee name as it currently appears on the license;

(E)           the name, telephone number, and e-mail address of the Radiation Safety Officer;

(F)           the name, telephone number, and e-mail address of the individual to be contacted about the application. If this individual is same as the Radiation Safety Officer, item 5b on the application may be left blank;

(G)          applicants shall provide a description of the action requested by marking the corresponding checkbox in item 6a. If the check box next to "Other" is marked in item 6a, provide a brief description of the action requested in the space provided in item 6b;

(H)          explanation of the action requested; and

(I)            the printed name, title, and signature of the certifying official. The certifying official shall be an individual employed by the business or licensee who is authorized by the licensee to sign license applications on behalf of the business or licensee.

(3)           Applications specified in this Rule are available at: https://radiation.ncdhhs.gov/rms/rmsforms2.htm(Rev01).htm.

History Note:        Authority G.S. 104E‑7;

Eff. February 1, 1980;

Transferred and Recodified from 15A NCAC 11 .0903 Eff. February 1, 2015;

Readopted Eff. October 1, 2025.