10 CFR 35.49(a)

[Robert Yoss <ryoss@post.its.mcw.edu>]

I know this was discussed just recently, but we would like other
interpretations of license condition we have.  10 CFR 35.49(a) states
sealed sources shall be purchased from a company licensed to do so.

We have a condition in our license that states:  "Nothwithstanding the
requirements of 10 CFR 49(a), 10 CFR 35.400, and 10 CFR 35.500, the
licensee may use for any medical use any byproduct material.  The
licensee shall possess and use byproduct material in accordance with
with the prescriptive and performance criteria in the other sections of
10 CFR 35.  This does not relieve the licensee from complying with
applicable United States Food and Drug Administration (FDA) and other
Federal and State requirements."

We have received conflicting interpretations of this from NRC inspectors
and licensing personnel.

The question is, can we use sealed sources acquired from another
hospital for brachytherapy at our hospital?  We have the paperwork from
the hospital we acquired the sources from.  They were purchased by that
hospital from a company licensed to distribute brachytherapy sources.

Bob Yoss
Radiation Safety Coordinator
Froedtert Memorial Lutheran Hospital/Medical College of Wisconsin
ryoss@mcw.edu
Tel: (414) 257-5384