NAC459.3062. Adoption by reference and revision of certain provisions of federal regulations regarding medical use of radioactive material.

     1. The provisions of 10 C.F.R. Part 35, as they existed on November 30, 2007, are hereby adopted by reference, subject to the following:

     (a) 10 C.F.R. §§ 35.8, 35.10(a), 35.11(c)(2), 35.13(a)(1), 35.13(a)(2), 35.13(b)(5), 35.14(a), 35.15(f), 35.57(b)(3), 35.4001 and 35.4002 are not adopted by reference.

     (b) Except as otherwise provided in this chapter, the implementation date specified in 10 C.F.R. §§ 35.10(a) and 35.10(d) is November 13, 2006.

     (c) Except as otherwise provided in this chapter, the October 24, 2002, date specified in 10 C.F.R. § 35.57(a)(1) shall be deemed to mean November 13, 2006.

     (d) Except as otherwise provided in this chapter, the April 29, 2005, date specified in 10 C.F.R. § 35.57(a)(2) shall be deemed to mean April 29, 2008.

     (e) Except as otherwise provided in this section, any reference in 10 C.F.R. Part 35 to:

          (1) “10 CFR Part 19” or “10 CFR 19” shall be deemed to mean “NAC 459.780 to 459.794, inclusive.”

          (2) “10 CFR 19.12” or “§ 19.12” shall be deemed to mean “NAC 459.784.”

          (3) “10 CFR Part 20” or “10 CFR 20” shall be deemed to mean “NAC 459.320 to 459.374, inclusive.”

          (4) “10 CFR 20.1101” or “§ 20.1101” shall be deemed to mean “paragraph (a) of subsection 1 of NAC 459.321.”

          (5) “10 CFR 20.1301(a)(1)” or “§ 20.1301(a)(1)” shall be deemed to mean “paragraph (a) of subsection 1 of NAC 459.335.”

          (6) “10 CFR 20.1301(c)” or “§ 20.1301(c)” shall be deemed to mean “subsection 2 of NAC 459.335.”

          (7) “10 CFR 20.1501” or “§ 20.1501” shall be deemed to mean “NAC 459.337.”

          (8) “10 CFR Part 30” or “10 CFR 30” shall be deemed to mean “NAC 459.180 to 459.313, inclusive.”

          (9) “10 CFR 30.34(b)” or “§ 30.34(b)” shall be deemed to mean “subsection 2 of NAC 459.198.”

          (10) “10 CFR 30.6” or “§ 30.6” shall be deemed to mean “NAC 459.134.”

          (11) “10 CFR 32.72(b)(4)” or “§ 32.72(b)(4)” shall be deemed to mean “paragraph (c) of subsection 2 of NAC 459.300.”

          (12) “10 CFR Part 33” or “10 CFR 33” shall be deemed to mean “NAC 459.262 to 459.274, inclusive.”

          (13) “10 CFR 33.13” or “§ 33.13” shall be deemed to mean “NAC 459.268.”

          (14) “10 CFR Part 170,” “10 CFR 170,” “10 CFR Part 171” or “10 CFR 171” shall be deemed to mean “NAC 459.310.”

          (15) “Byproduct material” shall be deemed a reference to “radioactive material.”

          (16) “Commission” or “NRC” shall be deemed a reference to “Division.”

          (17) “Commission’s regulations,” “federal regulations” or “NRC regulations” shall be deemed a reference to “NAC 459.010 to 459.950, inclusive.”

          (18) “NRC Form 313” shall be deemed a reference to “NRC Form 5,” Application for Radioactive Material License, specified by the Division.

          (19) “NRC license” shall be deemed a reference to “license issued by the Division pursuant to NAC 459.010 to 459.950, inclusive.”

          (20) “NRC Operations Center,” “NRC Regional Office listed in § 30.6” or “Director, Office of Nuclear Safety and Safeguards” shall be deemed a reference to “the provisions of NAC 459.134 and the contact information described in the State of Nevada Radiological Emergency Response Plan.”

          (21) “NRC or an Agreement State,” “Commission or an Agreement State” or “Commission or by an Agreement State” shall be deemed a reference to “Division, Nuclear Regulatory Commission or an agreement state.”

     (f) The text of 10 C.F.R. § 35.491(b)(3) shall be deemed to read “Has obtained written attestation, signed by a preceptor authorized user who meets the requirements in § 35.490 or § 35.491 or equivalent requirements of an Agreement State, that the individual has satisfactorily completed the requirements in paragraph (b)(1) and (b)(2) of this section and has achieved a level of competency sufficient to function independently as an authorized user of strontium-90 for ophthalmic use.”

     (g) The full text of any sentence that contains a reference to “10 CFR Part 21,” “10 CFR 21,” “10 CFR 30.7,” “§ 30.7,” “10 CFR 30.9,” “§ 30.9,” “10 CFR 30.10” or “§ 30.10” shall be deemed omitted.

     2. A copy of the volume containing 10 C.F.R. Part 35 may be obtained by mail from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at [phone], at a cost of $67, or free of charge at the Internet address http://www.gpoaccess.gov/cfr/index.html.

     (Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006; A by R149-07, 1-30-2008; R185-08, 5-7-2010)