1. (a) A general license is hereby issued to any physician, veterinarian, clinical laboratory or hospital to possess and use radioactive material in prepackaged units for in vitro clinical testing, not exceeding the following:

   Radionuclide

   Maximum uCi^* per unit

   Maximum uCi total

   Tritium

   50

   2,000

   Carbon-14

   10

   2,000

   Iron-59

   20

   200

   Selenium-75

   10

   200

   Cobalt-57

   10

   200

   Iodine-125 or Iodine-131

   10

   200

   Mock Iodine-125

   Reference Source

   Iodine-129

   0.05

   -

   Americium-241

   0.005

   -

   * microcurie (uCi)

2. (b) The general licensee shall not possess or use radioactive material under the general license issued pursuant to subsection (a):

   1. (1) Except as prepackaged units which are labeled in accordance with the provisions of a specific license issued by the United States Nuclear Regulatory Commission or a state with which the United States Nuclear Regulatory Commission has entered into an agreement for the exercise of regulatory authority; and

   2. (2) Unless the prepackaged unit bears a label or is accompanied by a package insert containing the following or a substantially similar statement:

      “This radioactive material may be received and used only by physicians, veterinarians, clinical laboratories or hospitals, and only for in vitro clinical or laboratory tests not involving internal or external administration of the material or the radiation therefrom to human beings or animals. The receipt, possession, use and transfer of this material is subject to the regulations and general license of the United States Nuclear Regulatory Commission or a state with which the Commission has entered into an agreement for the exercise of regulatory authority.”

3. (c) Persons who possess radioactive material under the general license issued pursuant to subsection (a), shall, with respect thereto, be exempt from the requirements of Group 3 of this subchapter, except that persons using Mock Iodine-125 shall comply with sections 20.2001, 20.2201 and 20.2202 of title 10, Code of Federal Regulations, Part 20, incorporated by reference in section 30253.

Note: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code. Reference: Sections 114965, 114970, 114985(g), 115000, 115060, 115165, 115230, 115235, 131050, 131051 and 131052, Health and Safety Code.

History

1. New section filed 7-7-86; effective thirtieth day thereafter (Register 86, No. 28).

2. Amendment of subsection (c) and Note filed 9-9-97; operative 10-9-97 (Register 97, No. 37).

3. Amendment of section and Note filed 6-8-2011; operative 7-8-2011 (Register 2011, No. 23).

4. Editorial correction amending column heading in subsection (a) (Register 2011, No. 24).