(a) Scope. Except as otherwise specifically provided, this section applies to all persons who receive, possess, use, transfer, or acquire any radioactive material, provided, however, that nothing in this section shall apply to any person to the extent such person is subject to regulation by the United States Nuclear Regulatory Commission (NRC) or to radioactive material in the possession of federal agencies. Attention is directed to the fact that regulation by the state of source material, byproduct material, and special nuclear material in quantities not sufficient to form a critical mass is subject to the provisions of the agreement between the state and NRC and to Part 150 of NRC regulations (Title 10, Code of Federal Regulations (CFR), Part 150). A person who receives, possesses, uses, owns, transfers, or acquires radioactive material prior to receiving a license is subject to the requirements of this chapter.     
      (b) Definitions. The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.      
        (1) Absorbed dose--The energy imparted by ionizing radiation per unit mass of irradiated material. The units of absorbed dose are the gray (Gy) and the rad.       
        (2) Accelerator-produced material--Any material made radioactive by exposing it to the radiation from a particle accelerator.       
        (3) Access control--A system for allowing only approved individuals to have unescorted access to the security zone and for ensuring that all other individuals are subject to escorted access.       
        (4) Act--Texas Radiation Control Act, Health and Safety Code (HSC), Chapter 401.       
        (5) Activity--The rate of disintegration or transformation or decay of radioactive material. The units of activity are the becquerel (Bq) and the curie (Ci).       
        (6) Adult--An individual 18 or more years of age.       
        (7) Agency--The Department of State Health Services.       
        (8) Aggregated--Accessible by the breach of a single physical barrier that would allow access to radioactive material in any form, including any devices that contain the radioactive material, when the total activity equals or exceeds a category 2 quantity of radioactive material.       
        (9) Agreement state--Any state with which NRC has entered into an effective agreement under §274b of the Atomic Energy Act of 1954, as amended (73 Stat. 689).       
        (10) Airborne radioactive material--Any radioactive material dispersed in the air in the form of dusts, fumes, particulates, mists, vapors, or gases.       
        (11) Airborne radioactivity area--A room, enclosure, or area in which airborne radioactive materials exist in concentrations:                  (A) in excess of the derived air concentrations (DACs) specified in Table I, Column 3 of §289.202(ggg)(2)(F) of this title (relating to Standards for Protection Against Radiation from Radioactive Materials); or                   (B) to such a degree that an individual present in the area without respiratory protective equipment could exceed, during the hours an individual is present in a week, an intake of 0.6% of the annual limit on intake (ALI) or 12 DAC-hours.         
        (12) Approved individual--An individual whom the licensee has determined to be trustworthy and reliable for unescorted access in accordance with §289.252(ii)(2) - (8) of this title (relating to Licensing of Radioactive Material) and who has completed the training required by §289.252(ii)(10)(C) of this title.       
        (13) As low as is reasonably achievable (ALARA)--Making every reasonable effort to maintain exposures to radiation as far below the dose limits in these regulations as is practical, consistent with the purpose for which the licensed activity is undertaken, taking into account the state of technology, the economics of improvements in relation to the state of technology, the economics of improvements in relation to benefits to the public health and safety, and other societal and socioeconomic considerations, and in relation to utilization of ionizing radiation and licensed sources of radiation in the public interest.       
        (14) Background investigation--The investigation conducted by a licensee or applicant to support the determination of trustworthiness and reliability.       
        (15) Background radiation--Radiation from cosmic sources; non-technologically enhanced naturally occurring radioactive material, including radon, except as a decay product of source or special nuclear material, and including global fallout as it exists in the environment from the testing of nuclear explosive devices or from past nuclear accidents, such as Chernobyl, that contribute to background radiation and are not under the control of the licensee. "Background radiation" does not include radiation from sources of radiation regulated by the agency.       
        (16) Becquerel (Bq)--The International System of Units (SI) unit of activity. One becquerel is equal to 1 disintegration or transformation per second (dps or tps). Commonly used multiples of the becquerel are the kBq (kilobecquerel, 10                 3                Bq), MBq (megabecquerel, 10                 6                Bq), GBq (gigabecquerel, 10                 9                Bq), and TBq (terabecquerel, 10                 12                Bq). 1 Ci = 37 GBq.       
        (17) Bioassay--The determination of kinds, quantities, or concentrations, and, in some cases, the locations of radioactive material in the human body, whether by direct measurement, in vivo counting, or by analysis and evaluation of materials excreted or removed from the human body. For purposes of this chapter, "radiobioassay" is an equivalent term.       
        (18) Brachytherapy--A method of radiation therapy in which sealed sources are utilized to deliver a radiation dose at a distance of up to a few centimeters, by surface, intracavitary, or interstitial application.       
        (19) Byproduct material--Byproduct material is defined as:                  (A) 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;                   (B) the tailings or wastes produced by or resulting from the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by these solution extraction operations do not constitute "byproduct material" within this definition;                   (C) any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; or                   (D) any material that has been made radioactive by use of a particle accelerator; and is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and                   (E) any discrete source of naturally occurring radioactive material, other than source material, that is extracted or converted after extraction before, on, or after August 8, 2005, for use in a commercial, medical, or research activity and that the United States NRC, in consultation with the Administrator of the United States Environmental Protection Agency (EPA), the United States Secretary of Energy, the United States Secretary of Homeland Security, and the head of any other appropriate Federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security.         
        (20) Category 1 quantity of radioactive material--A quantity of radioactive material meeting or exceeding the category 1 threshold in §289.252(jj)(9) of this title. This is determined by calculating the ratio of the total activity of each radionuclide to the category 1 threshold for that radionuclide and adding the ratios together. If the sum is equal to or exceeds 1, the quantity would be considered a category 1 quantity. Category 1 quantities of radioactive material do not include the radioactive material contained in any fuel assembly, subassembly, fuel rod, or fuel pellet.       
        (21) Category 2 quantity of radioactive material--A quantity of radioactive material meeting or exceeding the category 2 threshold but less than the category 1 threshold in §289.252(jj)(9) of this title. This is determined by calculating the ratio of the total activity of each radionuclide to the category 2 threshold for that radionuclide and adding the ratios together. If the sum is equal to or exceeds 1, the quantity would be considered a category 2 quantity. Category 2 quantities of radioactive material do not include the radioactive material contained in any fuel assembly, subassembly, fuel rod, or fuel pellet.       
        (22) Certificate of registration--A form of permission given by the agency to an applicant who has met the requirements for registration or mammography system certification set out in the Act and this chapter.       
        (23) Certification of mammography systems (state certification)--A form of permission given by the agency to an applicant who has met the requirements for mammography system certification set out in the Act and this chapter.       
        (24) Collective dose--The sum of the individual doses received in a given period of time by a specified population from exposure to a specified source of radiation.       
        (25) Commercial--Having financial profit as the primary aim.       
        (26) Committed dose equivalent (H                 T,50                )--The dose equivalent to organs or tissues of reference (T) that will be received from an intake of radioactive material by an individual during the 50-year period following the intake.       
        (27) Committed effective dose equivalent (H                 E,50                )--The sum of the products of the weighting factors applicable to each of the body organs or tissues that are irradiated and the committed dose equivalent to each of these organs or tissues (H                 E,50                = ΣW                 T                H                 T.50                ).       
        (28) Consortium--An association of medical use licensees and a Positron Emission Tomography (PET) radionuclide production facility in the same geographical area that jointly own or share in the operation and maintenance costs of the PET radionuclide production facility that produces PET radionuclides for use in producing radioactive drugs within the consortium for noncommercial distributions among its associated members for medical use. The PET radionuclide production facility within the consortium shall be located at an educational institution or a medical facility.       
        (29) Constraint (dose constraint)--A value above which specified licensee actions are required.       
        (30) Critical group--The group of individuals reasonably expected to receive the greatest exposure to residual radioactivity for any applicable set of circumstances.       
        (31) Curie (Ci)--A unit of measurement of radioactivity. One curie (Ci) is that quantity of radioactive material that decays at the rate of 3.7 x 10                 10                disintegrations per second (dps). Commonly used submultiples of the curie are the millicurie (mCi) and the microcurie (µCi). One mCi = 1 x 10                 -3                Ci = 3.7 x 10                 7                dps. One µCi = 1 x 10                 -6                Ci = 3.7 x 10                 4                dps. One nanocurie (nCi) = 1 x 10                 -9                Ci = 3.7 x 10                 1                dps. One picocurie (pCi) = 1 x 10                 -12                Ci = 3.7 x 10                 -2                dps.       
        (32) Decommission--To remove a facility or site safely from service and reduce residual radioactivity to a level that permits the following:                  (A) release of the property for unrestricted use and/or termination of license; or                   (B) release of the property under alternate requirements for license termination.         
        (33) Deep dose equivalent (H                 d                ), that applies to external whole body exposure--The dose equivalent at a tissue depth of 1 centimeter (cm) (1,000 milligrams per square centimeter (mg/cm                 2                )).       
        (34) Depleted uranium--The source material uranium in which the isotope uranium-235 is less than 0.711 weight percent of the total uranium present. Depleted uranium does not include special nuclear material.       
        (35) Discrete source--A radionuclide that has been processed so that its concentration within a material has been purposely increased for use for commercial, medical, or research activities.       
        (36) Distinguishable from background--The detectable concentration of a radionuclide is statistically different from the background concentration of that radionuclide in the vicinity of the site, or, in the case of structures or equipment, in similar materials using adequate measurement technology, survey, and statistical techniques.       
        (37) Distribution--The physical conveyance and authorized transfer of commodities from producers to consumers and any intermediate persons involved in that conveyance.       
        (38) Diversion--The unauthorized movement of radioactive material subject to §289.252(ii) of this title to a location different from the material's authorized destination inside or outside of the site at which the material is used or stored.       
        (39) Dose--A generic term that means absorbed dose, dose equivalent, effective dose equivalent, committed dose equivalent, committed effective dose equivalent, total organ dose equivalent, or total effective dose equivalent. For purposes of this chapter, "radiation dose" is an equivalent term.       
       Cont'd...