Section 410IAC5-3-24. Reciprocal licensure

                                (a) Licenses of Byproduct, Source, and Special Nuclear Material in Quantities Not Sufficient to Form a Critical Mass.

(1) Subject to 410 IAC 5, any person who holds a specific license from the U.S. Nuclear Regulatory Commission or any agreement state, and issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is hereby granted a general license to conduct the activities authorized in such licensing document within this state for a period not in excess of 180 days in any calendar year provided that:

(i) The licensing document does not limit the activity authorized by such document to specified installations or locations;

(ii) The out-of-state licensee notifies the board in writing at least 3 days prior to engaging in such activity. Such notification shall indicate the location, period, and type of proposed possession and use within the state, and shall be accompanied by a copy of the pertinent licensing document. If, for a specific case, the [sic.] day period would impose an undue hardship on the out-of-state licensee, the licensee may, upon application to the board, obtain permission to proceed sooner. The board may waive the requirement for filing additional written notifications during the remainder of the calendar year following the receipt of the initial notification from a person engaging in activities under the general license provided in 410 IAC 5-3-24(a)(1);

(iii) The out-of-state licensee complies with all applicable rules of the board and with all the terms and conditions of the licensing document, except any such terms and conditions which may be inconsistent with applicable rules of the board;

(iv) The out-of-state licensee supplies such other information as the board may request; and

(v) The out-of-state licensee shall not transfer or dispose of radioactive material possessed or used under the general license provided in 410 IAC 5-3-24(a)(1) except by transfer to a person:

(A) Specifically licensed by the board or by the U.S. Nuclear Regulatory Commission to receive such material, or

(B) Exempt from the requirements for a license for such material under 410 IAC 5-3-4(a).

(2) Notwithstanding the provisions of 410 IAC 5-3-24(a)(1), any person who holds a specific license issued by the U.S. Nuclear Regulatory Commission or an agreement state authorizing the holder to manufacture, transfer, install, or service a device described in 410 IAC 5-3-7(d)(1) within areas subject to the jurisdiction of the licensing body is hereby granted a general license to install, transfer, demonstrate, or service such a device in Indiana provided that:

(i) Such person shall file a report with the board within 30 days after the end of each calendar quarter in which any device is transferred to or installed in Indiana. Each such report shall identify each general licensee to whom such device is transferred by name and address, the type of device transferred, and the quantity and type of radioactive material contained in the device;

(ii) The device has been manufactured, labeled, installed, and serviced in accordance with applicable provisions of the specific license issued to such person by the U.S. Nuclear Regulatory Commission or an agreement state;

(iii) Such person shall assure that any labels required to be affixed to the device under regulations of the authority which licensed manufacture of the device bear a statement that "Removal of this label is prohibited"; and

(iv) The holder of the specific license shall furnish to each general licensee to whom he transfers such device or on whose premises he installs such device a copy of the general license contained in 410 IAC 5-3-7(d).

(3) The board may withdraw, limit, or qualify its acceptance of any specific license or equivalent licensing document issued by the U.S. Nuclear Regulatory Commission or an agreement state, or any product distributed pursuant to such licensing document, upon determining that such action is necessary in order to prevent undue hazard to public health and safety or property.

                                (b) Licenses of Naturally-Occurring and Accelerator-Produced Radioactive Material.

(1) Subject to 410 IAC 5, any person who holds a specific license from a licensing state, and issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is hereby granted a general license to conduct the activities authorized in such licensing document within Indiana for a period not in excess of 180 days in any calendar year provided that:

(i) The licensing document does not limit the activity authorized by such document to specified installations or locations;

(ii) The out-of-state licensee notifies the board in writing at least 3 days prior to engaging in such activity. Such notification shall indicate the location, period and type of proposed possession and use within the state, and shall be accompanied by a copy of the pertinent licensing document. If, for a specific case, the 3 day period would impose an undue hardship on the out-of-state licensee, the licensee may, upon application to the board, obtain permission to proceed sooner. The board may waive the requirement for filing additional written notifications during the remainder of the calendar year following the receipt of the initial notification from a person engaging in activities under the general license provided in 410 IAC 5-3-24(b)(1);

(iii) The out-of-state licensee complies with all applicable rules of the board and with all the terms and conditions of the licensing document, except any such terms and conditions which may be inconsistent with applicable rules of the board;

(iv) The out-of-state licensee supplies such other information as the board may request; and

(v) The out-of-state licensee shall not transfer or dispose of radioactive material possessed or used under the general license provided in 410 IAC 5-3-24(b)(1) except by transfer to a person:

(A) Specifically licensed by the board or by another licensing state to receive such material, or

(B) Exempt from the requirements for a license for such material under 410 IAC 5-3-4.

(2) Notwithstanding the provisions of 410 IAC 5-3-24(b)(1), any person who holds a specific license issued by a licensing state authorizing the holder to manufacture, transfer, install, or service a device described in 410 IAC 5-3-7(d)(1) within areas subject to the jurisdiction of the licensing body is hereby granted a general license to install, transfer, demonstrate or service such a device in Indiana provided that:

(i) Such person shall file a report with the board within 30 days after the end of each calendar quarter in which any device is transferred to or installed in Indiana. Each such report shall identify each general licensee to whom such device is transferred by name and address, the type of device transferred, and the quantity and type of radioactive material contained in the device;

(ii) The device has been manufactured, labeled, installed, and serviced in accordance with applicable provisions of the specific license issued to such person by a licensing state;

(iii) Such person shall assure that any labels required to be affixed to the device under regulations of the authority which licensed manufacture of the device bear a statement that "Removal of this label is prohibited"; and

(iv) The holder of the specific license shall furnish to each general licensee to whom he transfers such device or on whose premises he installs such device a copy of the general license contained in 410 IAC 5-3-7(d).

(3) The board may withdraw, limit, or qualify its acceptance of any specific license or equivalent licensing document issued by a licensing state or any product distributed pursuant to such licensing document, upon determining that such action is necessary in order to prevent undue hazard to public health and safety or property.

(Indiana State Department of Health; Rule HRH-2,PT C,Sec C.90; filed May 26, 1978, 3:30 pm: 1 IR 164; filed Feb 29, 1984, 10:10 am: 7 IR 877; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA)