Chapter DHS 157

DHS 157.64   Unsealed radioactive material — written directive required.

DHS 157.65   Manual brachytherapy.

DHS 157.66   Sealed sources for diagnosis.

DHS 157.67   Photon emitting remote afterloader, teletherapy and gamma stereotactic radiosurgery units.

DHS 157.68   Radioactive drugs for medical use.

DHS 157.70   Other medical uses of radioactive material or radiation from radioactive material.

DHS 157.71   Records.

DHS 157.72   Reports.

Subchapter VII — Radiation Safety Requirements for Irradiators

DHS 157.73   Radiation safety requirements.

Subchapter VIII — X-ray Device Requirements

DHS 157.74   Administrative requirements.

DHS 157.75   General requirements for all diagnostic x-ray systems.

DHS 157.76   Fluoroscopic equipment.

DHS 157.77   General purpose radiographic systems.

DHS 157.78   Intraoral dental radiographic systems.

DHS 157.79   Veterinary medicine x-ray systems.

DHS 157.80   Computed tomography x-ray systems.

DHS 157.81   Shielding plan review.

DHS 157.82   General administrative requirements for facilities using therapeutic radiation machines for human use.

DHS 157.83   Administrative policies and procedures for radiation therapy machines.

DHS 157.84   Technical requirements for facilities using therapeutic radiation machines.

DHS 157.85   Therapeutic radiation machines.

DHS 157.86   Registration of radiation machine facilities.

Subchapter IX — Radiation Generating Devices

DHS 157.87   Radiation safety requirements.

Subchapter X — Notices, Instructions and Reports to Workers

DHS 157.88   Posting, notification and reporting requirements.

Subchapter XI — Inspection by the Department

DHS 157.89   Inspection requirements.

Subchapter XII — Enforcement

DHS 157.90   Violation and penalty criteria.

DHS 157.91   Notices, orders, reviews and appeals.

Subchapter XIII — Transportation

DHS 157.92   General regulatory provisions.

DHS 157.93   General licenses.

DHS 157.94   Operating controls and procedures.

Subchapter XIV — Radioactivity in Community Water Systems

DHS 157.95   Exemptions.

DHS 157.96   Requirements.

Subchapter XV — Physical Protections of Category 1 and Category 2 Quantities of Radioactive Material

DHS 157.9700   Personnel access authorization.

DHS 157.9701   Access authorization program.

DHS 157.9702   Background investigations.

DHS 157.9703   Criminal history records checks of individuals granted unescorted access.

DHS 157.9704   Relief from fingerprinting, identification, and criminal history records checks and other elements of background investigation.

DHS 157.9705   Protection of information.

DHS 157.9706   Access authorization program review.

DHS 157.9707   Security program.

DHS 157.9708   General security program requirements.

DHS 157.9709   LLEA coordination.

DHS 157.9710   Security zones.

DHS 157.9711   Monitoring, detection, assessment, communication, and response.

DHS 157.9712   Maintenance and testing.

DHS 157.9713   Requirements for mobile devices.

DHS 157.9714   Security program review.

DHS 157.9715   Reporting events.

DHS 157.9716   Additional requirements for transfer of category 1 and category 2 quantities of radioactive material.

DHS 157.9717   Transit.

DHS 157.9718   Preplanning and coordination of shipments.

DHS 157.9719   Advance notification of shipment.

DHS 157.9720   Physical protection during shipment.

DHS 157.9721   Reporting of events during shipping.

DHS 157.9722   Record requirements for the physical protection of Category 1 and 2 quantities of radioactive material.

Ch. DHS 157 Note Note: Chapter HSS 157 as it existed on July 31, 2002 was repealed and a new chapter HFS 157 was created effective August 1, 2002, except subchapters II, VI and VII will go into effect 30 days after signature by the Governor of an agreement transferring regulatory authority to the state. Chapter HFS 157 was renumbered chapter DHS 157 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

subch. I of ch. DHS 157 Subchapter I — General Provisions

DHS 157.01 DHS 157.01 Authority and purpose.

DHS 157.01(1) (1) This chapter is promulgated under the authority of ss. 254.31 to 254.45, Stats. to regulate the receipt, use, transfer, possession, ownership or acquisition of any source of radiation. The standards in this chapter generally conform to nationally accepted standards for protection against the harmful effects of ionizing radiation. The publications referenced in this chapter are available for inspection at the department, the secretary of state’s office, the legislative reference bureau and at the respective federal agency or organization website.

DHS 157.01(2) (2) Subchapter I establishes the definitions used in this chapter, prohibitions and general regulatory requirements.

DHS 157.01(3) (3) Subchapter II establishes requirements for the licensing of radioactive material, license fee schedules, registration requirements for certain types of devices purchased under a general license and reciprocity requirements.

DHS 157.01(4) (4) Subchapter III establishes standards for protection against ionizing radiation resulting from activities conducted under a license or registration issued by the department. The requirements of subch. III are designed to control the receipt, possession, use, transfer and disposal of sources of radiation by any licensee or registrant so that the total dose to an individual, including doses resulting from all sources of radiation other than background radiation, does not exceed the standards for protection against radiation prescribed in subch. III. However, nothing in subch. III limits actions the department may take to protect health and safety in an emergency.

DHS 157.01(5) (5) Subchapter IV establishes radiation safety requirements for persons using sources of radiation in industrial radiography.

DHS 157.01(6) (6) Subchapter V establishes radiation safety requirements for using sources of radiation for well logging including mineral-logging, radioactive markers and subsurface tracer studies. The requirements of subch. V are in addition to the requirements of subchs. I, II, III, VIII and X.

DHS 157.01(7) (7) Subchapter VI establishes requirements for the medical use of radioactive material. The requirements provide for the radiation safety of workers, the general public and human research subjects.

DHS 157.01(8) (8) Subchapter VII establishes radiation safety requirements for operating irradiators that use sealed sources containing radioactive material to irradiate objects or materials using gamma radiation.

DHS 157.01(9) (9) Subchapter VIII establishes requirements for the use of diagnostic or therapeutic x-ray equipment, including accelerators, by or under the supervision of an individual authorized and licensed by state statutes to engage in the healing arts or veterinary medicine; and to establish registration requirements for radiation machines.

DHS 157.01(10) (10) Subchapter IX establishes radiation safety requirements for the use of radiation generating devices.

DHS 157.01(11) (11) Subchapter X establishes requirements for persons licensed or registered under this chapter to provide workers with notices, instructions and reports relating to activities under a license or registration.

DHS 157.01(12) (12) Subchapter XI establishes options available to facilities and individuals in connection with department inspections to determine compliance with the provisions of this chapter and radiological working conditions or other requirements specified in a license.

DHS 157.01(13) (13) Subchapter XII establishes classification and fiscal penalty criteria for violations of license conditions, emergency orders or the requirements of this chapter; and criteria for requesting and scheduling hearings to contest department assessments of forfeiture, licensing actions or emergency orders.

DHS 157.01(14) (14) Subchapter XIII establishes requirements for the packaging, preparation for shipment and transportation of radioactive material.

DHS 157.01(15) (15) Subchapter XIV establishes radioactivity requirements for community water systems.

DHS 157.01(16) (16) Subchapter XV establishes requirements for the physical protection program for any licensee that possesses a category 1 or category 2 quantity of radioactive material listed in ch. DHS 157 Appendix U.

DHS 157.01 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; corrections in (16) made under s. 13.93 (2m) (b) 7., Stats., Register July 2002 No. 559; CR 06-021: am. (6), r. (16) Register October 2006 No. 610, eff. 11-1-06; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register January 2009 No. 637; CR: 16-078: cr. (16) Register January 2018 No. 745, eff. 2-1-18; correction in (16) made under s. 35.17, Stats., Register January 2018 No. 745; CR 22-015: am. (10) Register June 2023 No. 810, eff. 7-1-23.

DHS 157.02 DHS 157.02 Applicability.

DHS 157.02(1) (1) Except as specified, this chapter applies to all persons who receive, possess, use, transfer, own or acquire any source of radiation, except that nothing in this chapter shall apply to any person subject to regulation by the U.S. nuclear regulatory commission.

DHS 157.02(2) (2) A licensee subject to the requirements of subch. II is also subject to the requirements of subchs. I, III, X and XIII.

DHS 157.02(3) (3) Subchapter III applies to all persons licensed or registered by the department to receive, possess, use, transfer or dispose of sources of radiation. The limits in subch. III do not apply to doses due to background radiation, to exposure of patients to radiation for the purpose of medical diagnosis or therapy, or to voluntary participation in medical research programs.