Radioactive Materials Licensing

Regulations

    Part 16 of Title 10 of the New York Codes, Rules and Regulations (10 NYCRR 16) contains Ionizing Radiation regulations. These regulations may be found on our Regulations Webpage. Please contact us at BERP@health.ny.gov for PDF copies of these regulations.

Reciprocity

    Companies that possess an Agreement State or U.S. Nuclear Regulatory Commission Radioactive Materials License and are seeking to perform temporary work in New York State should visit New York State Department of Health's Reciprocity webpage for additional information.

Radioactive Materials Licensing Guides and Application Forms

All applications and license amendment requests should be sent to the address in our Contact Us page.

Many New York State Department of Health Radioactive Materials License Guides are being updated. Please contact the New York State Department of Health Bureau of Environmental Radiation Protection at BERP@health.ny.gov for guidance on how to apply for a new Radioactive Materials License.

Applicants should use the application form provided within the appropriate Radiation Guide.

  • Appliants looking to apply for industiral uses commonly use the DOH-5774 License Application Form. Please note that this form replaces the DOSH-236 License Application Form referenced in some Radiation Guides.
  • Applicants looking to apply for medical, veterinary or academic uses commonly use the DOH-370 License Application Form.
  • Applicants using NUREG guidance commonly use the DOH-5837 License Application Form.
  • Please contact us at BERP@health.ny.gov for a copy of our General License Application Form (SH-200.2).
Medical Use
  • There are some requirements that are not mentioned in NUREG-1556, Volume 9, Revision 3. Applicants should review the requirements in 10 NYCRR 16 as it pertains to human-uses of radioactive materials.
Veterinary Use

Many industrial guides may reference 12 NYCRR 38. Corresponding regulations may be found in 10 NYCRR 16. Many guides are being updated to reflect these changes.

Fixed Industrial Leveling, Fill, and Thickness Gauges
  • Applicants that will not be performing maintenance on their gauges should review and complete the application within Radiation Guide 1.3.

  • Applicants that will be performing maintenance on their gauges should use the DOH-5774 License Application Form when applying for a license and may use Radiation Guide 1.3(a).

  • Some Fixed Industrial Gauge Applicants are Generally Licensed. Applicants for a General License should contact us at BERP@health.ny.gov for a copy of our General License Application Form (SH-200.2).
Portable X-ray Fluorescence (XRF)/Lead-in-Paint Analyzers
  • Most portable XRFs are specifically licensed in New York State. Applicants should use the DOH-5774 License Application Form when applying for a license and may use Radiation Guide 10.15, Revision 1.

  • Some Portable XRFs are exempt from regulation. A license is not needed if your portable XRF has "exempt" listed on the label.

Portable Gauges (Moisture/Density)
  • Applicants seeking to possess and use portable gauges should use the DOH-5774 License Application Form when applying for a license and may use Radiation Guide 1.2.

Industrial Radiography
  • Applicants seeking to possess and use industrial radiography cameras should use the DOH-5774 License Application Form when applying for a license and may use Radiation Guide 1.6.

Well Logging
  • Applicants seeking to possess and use well logging should use the DOH-5837 License Application Form when applying for a license and may use NUREG-1556, Volume 14, Revision 1 in completeing this application.

  • Applicants seeking to perform tracer studies should also contact the New York State Department of Environmental Conservation to determine if a permit may be needed.

Irradiators (ANSI Cateogry II, III, and IV)
  • Applicants seeking to possess and use well logging should use the DOH-5837 License Application Form when applying for a license and may use NUREG-1556, Volume 5, Revision 1 in completing this application.

Academic Uses Research and Development and Laboratories
  • Applicants looking to use unsealed sources for research and development or laboratory uses commonly use the DOH-5774 License Application Form when applying for a license and may use Radiation Guide 1.5.

Small Radioimmunoassay (RIA) Laboratories
  • Applicants seeking to use radioactive Materials for RIA Laboratories commonly use the DOH-370 License Application Form when applying for a license and may use Radiation Guide 10.14.

Nuclear Pharmacies Cyclotrons
Broadscope Self-Shielded Irradiators Manufacturing and Distribution
  • Applicants looking to possess specifically licensed devices for distribution to specific licenses applicants commonly use DOH-5774 License Application Form when applying for a license and may use Radiation Guide 1.11 in completing this application.

  • Applicants looking to possess exempt devices for distribution commonly use DOH-5774 License Application Form when applying for a license and may use Radiation Guide 1.9 in completing this application.

Service Provider Licenses Physical Protection Requirements for Category 1 and 2 Quantities
  • Licensees subject to physical protection requirements under 10 NYCRR 16.112 may use NUREG-2155, Revision 2 in implementing enhanced security requirements

Financial Assurance
Archived Radiation Guides

Radioactive Materials Licensing Fees and Payments

Licensees should update their billing contact information by emailing the New York State Department of Health at DOHBILLING@health.ny.gov and cc: BERP@health.ny.gov. This email should include the following information:

  • Radioactive Materials License Number
  • Facility Name (as it appears on Condition No. 1 of the license)
  • Name of the Individual serving as the Billing Contact
  • Phone Number for the Individual serving as the Billing Contact
  • Email for the Individual serving as the Billing Contact
  • Fax Number for the Individual serving as the Billing Contact
  • Mailing Address for the Individual serving as the Billing Contact

Licensees are responsible for ensuring that all contact information is updated with the Department. Please note that missed or late payments may result in delays in issuing licensing actions, administrative action taken on your license, and/or further enforcement action(s) as necessary.

Applicants for New Radioactive Materials Licenses and Applicants for Reciprocity should provide the appropriate fee amount based on the tables below. Payment must be made by check or money order payable to "New York State Department of Health" and sent with the appropriate application form as directed by the Department. Payments and applications must be sent to the following address:

New York State Department of Health
Bureau of Environmental Radiation Protection
Radioactive Materials Section
Empire State Plaza, Corning Tower, Room 1245
Albany, New York 12237

Individuals holding a New York State Department of Health Radioactive Materials License (NYSDOH RML) are billed on an annual basis. Bills will automatically be generated and emailed and/or mailed from the New York State Department of Health Bureau of Accounts Management (NYSDOH BAM) to the billing contact and/or administrator on file. Licensees must update their billing contact information Department. Payment for annual fees must follow the instructions stated on the bill. Payments must be made by check or money order payable to "New York State Department of Health", in the full amount as stated on the bill. The memo line of the check or money order should reference the New York State Department of Health Radioactive Materials License. Checks or money orders in amounts not listed on the bill or lacking licensee identification will be returned to sender. Questions on payments and balances may be directed to DOHBILLING@health.ny.gov. Payments should be sent to the following address:

New York State Department of Health
Materials Billing
Empire State Plaza, Corning Tower, Room 2748
Albany, New York 12237

Governmental Agencies and Authorities paying by the New York State Financial System (SFS) should continue issuing payments via SFS and may disregard instructions on sending payments by check or money order.

Fee amounts are based on type of license issued. In most cases, when more than one fee category applies, only highest applicable category and fee amount will be assessed. However, certain categories such as Teletherapy and R&D are always "add-ons". 10 NYCRR 16.41 lists fees for all license types. The following table lists some common license types and the appropriate fees. Please contact this office at BERP@health.ny.gov to clarify the proper fee to include with your application.

Please note that all licenses are billed on an annual frequency. For existing commerical licenses and general licenses, the billing frequency will be transferred from triennial to annual following the start of the next billing cycle.

Noncommerical License Fee Table
Category Fee Example licenses
Category I: $9,600 Medical Broadscope
Category II: $6,200 Academic Broadscope
Category III: $2,400 Nuclear Pharmacy (Noncommerical), Brachytherapy AND Nuclear Medicine
Category IV: $1,500 Nuclear Medicine (Nuclear Cardiology), Teletherapy, R&D, Academic
Category V: $600 Clinical Laboratory, Mobile Imaging Equipment Service
Category VI: $120 Gas Chromatographs
Commerical License Fee Table
Category Fee Example licenses
Category I: $3,600 Industrial Radiography, Nuclear Pharmacy Operations (Commercial), Research and Development - Broad Scope
Category II: $3,000 Commercial Distribution of Radioactive Products, Decontamination and Decommissioning Service, Research and Development - Limited Scope
Category III: $2,400 Leak Test and Calibration Service, Medical System Service, Moisture/Density Gauge, Well Logging (Sealed Sources Only)
Category IV: $1,800 Calibration Service, Specifically Licensed Fixed Gauges, Lead-in-Paint Analyzers
Category V: $1,800 Analytical Instruments N.O.S., Storage Only Pending Disposal
General License: $120 Static Eliminators
Reciprocity Fee Table
Category Fee Example licenses
Category I: $1,800 Industrial Radiography, Waste Brokerage, and Other Waste Services
Category II: $1,500 Decontamination and Decommissioning Service and Well Logging with Tracer Studies
Category III: $1,200 Leak Test and Calibration Service, Medical System Service, Moisture/Density Gauge, Well Logging (Sealed Sources Only)
Category IV: $900 Calibration Service, Lead-in-Paint Analyzers, and Gauges N.O.S.
Category V: $300 Analytical Instruments N.O.S., Demonstration of Sales of Radioactive Products