NAC459.288. Distribution of devices.

Each person licensed under NAC 459.282 to distribute devices to generally licensed persons shall:

     1. Furnish a copy of the general license contained in NAC 459.216 to each person to whom he or she directly or through an intermediate person transfers radioactive material in a device for use pursuant to the general license contained in NAC 459.216.

     2. Furnish a copy of the general license contained in the Nuclear Regulatory Commission’s or agreement state’s regulation equivalent to NAC 459.216, or alternatively, furnish a copy of the general license contained in NAC 459.216 to each person to whom he or she directly or through an intermediate person transfers radioactive material in a device for use pursuant to the general license of the Nuclear Regulatory Commission or the agreement state. If a copy of the general license in NAC 459.216 is furnished to such a person, it must be accompanied by a note explaining that the use of the device is regulated by the Nuclear Regulatory Commission or an agreement state under requirements substantially the same as those in NAC 459.216.

     3. Report to the Division all transfers of devices to persons for use under the general license in NAC 459.216. The report must identify each general licensee by name and address; a person by name and position who may constitute a point of contact between the Division and the general licensee; the type and model number of device transferred; and the quantity and type of radioactive material contained in the device. If one or more intermediate persons will temporarily possess the device at the intended place of use prior to its possession by the user, the report must include identification of each intermediate person by name, address, contact and relationship to the intended user. If no transfers have been made to the persons generally licensed under NAC 459.216 during the reporting period, the report must so indicate. The report must cover each calendar quarter and be filed within 30 days thereafter.

     4. Reports to other agencies, for example:

     (a) Report to the Nuclear Regulatory Commission all transfers of devices for use under the Nuclear Regulatory Commission general license in 10 C.F.R. § 31.5.

     (b) Report to the responsible agreement state agency all transfers of devices for use under a general license in that agreements state’s regulations equivalent to NAC 459.216.

     (c) The reports must identify each general licensee by name and address; a person by name and position who may constitute a point of contact between the agency and the general licensee; the type and model of the device transferred; and the quantity and type of radioactive material contained in the device. If one or more intermediate persons will temporarily possess the device at the intended place of use prior to its possession by the user, the report must include identification of each intermediate person by name, address, contact and relationship to the intended user. The report must be submitted within 30 days after the end of each calendar quarter in which such a device is transferred to the generally licensed person.

     (d) If no transfers have been made to Nuclear Regulatory Commission licensees during the reporting period, this information must be reported to the Nuclear Regulatory Commission.

     (e) If no transfers have been made to a particular agreement state during the reporting period, this information must be reported to the responsible agreement state agency upon request of the agency.

     5. Keep records showing the name, address and the point of contact for each general licensee to whom he or she directly or through an intermediate person transfers radioactive material in devices for use pursuant to the general license provided in NAC 459.216 or equivalent regulations to the Nuclear Regulatory Commission or an agreement state. The records must show the date of each transfer, the radionuclide and the quantity of radioactivity in each device transferred, the identity of any intermediate person and compliance with the report requirements of this section.

     [Bd. of Health, Radiation Control Reg. §§ 3.5.5.4.4-3.5.5.4.4.5, eff. 2-28-80]