Reciprocity is only available to specifically licensed entities performing commercial services as specified in 10 NYCRR 16.108. New York State reciprocity may not exceed 180 days in a calendar year. For licensees seeking to conduct activities under reciprocity for the first time in a calendar year, submit a copy of the DOH-5807: Reciprocity Application Form, one copy of each U.S. NRC or Agreement State specific license under which the licensee will be working and appropriate fee to:
Payment is only accepted in the form of check or money order payable to "New York State Department of Health". All payments are non-refundable, and no partial payments will be accepted. Initial applications for reciprocity without payment will not be processed
Emergency situations may occur where initial approval for reciprocity is needed before NYSDOH receives payment. NYSDOH may consider expediting approval prior to receiving payment in the following circumstances:
Emergency requests should be directed to the New York State Department of Health Radioactive Materials Section at (518) 402-7590 prior to submitting an initial notification to provide work under reciprocity. If NYSDOH approves emergency authorization to perform work under reciprocity, payment must be received by NYSDOH within 3 days following the commencement of work in New York State to avoid enforcement action.
Subsequent requests within a calendar year do not require additional payment and may be submitted on a DOH-5807 Form emailed to BERP@health.ny.gov with “Attn: Reciprocity” in the subject line.
For licensees seeking to conduct activities under reciprocity for the first time in a calendar year, submit this Form, one copy of each NRC or Agreement State specific license in which the licensee will be working under and the fee. NYSDOH must receive this filing at least three business days before the licensee engages in activities permitted under the General License established by 10 NYCRR 16.108. Please see the “Applying for Reciprocity” section for additional information on emergency situations where expedited approval may be needed.
How do I know if I need to request reciprocity from New York State Department of Health?
If you are an NRC or Non-NYS Agreement State licensee and plan to conduct licensed activities in federally non-exclusive locations within New York State, then you must request reciprocity from NYSDOH. Reciprocity is not required when licensed material is in transport. However, if licensed material is stored or used in NYS jurisdiction then reciprocity is required.
NYSDOH may only issue reciprocity for work occurring in areas where New York State maintains jurisdiction. If you are unsure if work under reciprocity needs to be approved by NYSDOH or another regulatory entity, please contact NYSDOH at BERP@health.ny.gov or (518) 402-7590 for guidance.
Not all work or activities involving radioactive materials may require filing for reciprocity. Please see the top of this page for situations where reciprocity may be needed, where licensure with NYSDOH may be needed, or where work does not require notification or licensure from NYSDOH.
I will be performing work in New York State, but in an area of exclusive federal jurisdiction. Do I need to request reciprocity from New York State Department of Health?
No, locations of exclusive federal jurisdiction fall either under the U.S. NRC or the U.S. DOE, depending on the regulatory entity holding jurisdiction. If you are working in an area of non-exclusive jurisdiction, such as a partially federally regulated location, reciprocity may be needed by NYSDOH if work is performed in an area under NYS jurisdiction.
If you are performing work in an area of exclusive federal jurisdiction and immediately performing work in an area where New York State maintains jurisdiction, you will be required to request reciprocity for the work performed in areas of NYS-jurisdiction only. If you are unsure if work under reciprocity needs to be approved by NYSDOH or another regulatory entity, please contact NYSDOH at BERP@health.ny.gov or (518) 402-7590 for guidance.
How do I know how many days I have left to work under reciprocity?
NYSDOH tracks approved usage days and will not authorize any request which causes the total usage days to exceed 180 days in a calendar year. NYSDOH will notify the licensee when a filing proposes reciprocity activities which approach or would exceed the 180-day limit. This will be a courtesy notification, as licensees are responsible for tracking their approved usage days to date so that they do not exceed the 180-day limit.
What counts as a “day” under reciprocity rules?
A “calendar day of use” is one on which you store or use licensed material in New York State jurisdiction. Licensed activities conducted on the same day at different locations within NYSDOH jurisdiction count as one calendar day of use. New York State tracks reciprocity usage based on approved usage days.
A “day” is any time on or between 12:00 am EST and 11:59 pm EST.
For example, if Licensee A works overnight between 11:30 pm and 12:30 am on January 1st and January 2nd, the reciprocity approval should reflect two days.
DOH-5807 Form should reflect the proposed beginning and ending dates of work for each work location and indicate if work or storage will be performed on specific days (weekends, holidays, etc.) when the start date and end date span several days or weeks.
Can I remove or modify days following reciprocity approval?
If a licensee wishes to modify or remove days under the reciprocity approval, the licensee may contact NYSDOH by email or telephone to correct the record before to the close of business on the affected day. NYSDOH will not retroactively remove or add days to a reciprocity approval.
For example, if Licensee A is approved for work on January 1st through January 5th, and completes work on January 4th, they must request the removal of January 5th from their total year to date count by the close-of-business on January 5th
If I am contracted for a job that splits between calendar years (e.g., December 1st to January 30th), do I need to file and pay for reciprocity twice?
Yes. You would need to submit an initial application and pay for work in the calendar year starting in December and submit an initial application and payment for the calendar year starting in January. Applicants may opt to apply for an "out-of-state" New York State Department of Health Radioactive Materials License in lieu of applying for reciprocity.
If I applied for an "out-of-state" New York State Department of Health Radioactive Materials License, but did not yet receive the license, can I perform work under reciprocity without paying reciprocity fees?
No. Applicants should be aware that Reciprocity fees cannot be waived in situations where they have applied but have not yet received their New York State Department of Health Radioactive Materials License.
If I'm looking to perform work under reciprocity in New York City, do I file reciprocity with New York City Department of Health and Mental Hygiene?
No. You should only file your reciprocity application with NYSDOH unless the location of work is in an area of exclusive federal jurisdiction.
How is offshore work handled under reciprocity?
Licensees who wish to conduct licensed activities in offshore waters should contact NRC regional office for the Agreement State that issued their license. Section 2.7 of the NRC's NUREG-1556 Volume 19, Rev. 1. discusses information pertinent to the mechanics of reciprocity in offshore waters.
If I have contracts for licensed work in New York State that last longer than 180 days, what are my options?
A licensee conducting reciprocity activities is limited to a total of 180 days in the same calendar year as a reciprocity application is made. New York State tracks reciprocity usage on the basis of approved usage days. New York State will not authorize any request that would exceed the 180-day limit. It is important that you track the days of use and submit changes to dates of work, when applicable. Storage of material in New York State jurisdiction is considered a reciprocity activity; days when material is stored in NRC jurisdiction count toward the 180-day limit.
Please note that a licensee may pay and apply for and become approved for reciprocity while they complete and apply for a New York State Department of Health License for work/use that exceed 180 days in a calendar year.
Please note that payment for reciprocity cannot be prorated and/or counted towards full licensure. If a reciprocity applicant pays for and is approved reciprocity, the applicant is subject to full licensing fees if they choose to apply for full licensure with New York State.
How do I find out if the jobsite is under State or federal jurisdiction?
Please see a current list of Agreement States (including names, addresses, and telephone numbers of responsible officials). Federal jurisdiction would include an area over which the Federal government exercises legal control, without interference from the jurisdiction and administration of State law.
If I need to perform licensed work at a federal property or a military base in an Agreement State, do I need to apply for reciprocity?
Possibly. NYSDOH may only issue reciprocity for work occurring in areas where New York State maintains jurisdiction. If you are unsure if work under reciprocity needs to be approved by NYSDOH or another regulatory entity, please contact NYSDOH at BERP@health.ny.gov or (518) 402-7590 for guidance.
Can my United States Nuclear Regulatory Commission or Agreement State license prevent me from getting reciprocity?
Reciprocity requires licensees maintain an active license with the U.S. NRC or the Agreement State that issued the license. Also, your U.S. NRC or Agreement State license must authorize work at temporary jobsites and the licensed activities to be performed under reciprocity must be allowed under the Agreement State license.
Does New York State conduct inspections of work performed under reciprocity in New York State jurisdiction?
Yes, NYSDOH may conduct inspections while a licensee is working under reciprocity in New York State jurisdiction.
If I was approved under reciprocity to work more days than I actually worked, can I get those days back to use them later?
NYSDOH tracks reciprocity usage based on approved usage days. To remove days that were not used, you must contact BERP@health.ny.gov before the close of business of the day in which you are looking to remove from your year-to-date count. NYSDOH will not remove days retroactively.
If I want to add days of work in the same or different location, what is the process to inform New York State Department of Health of this change?
To add days to a specified work location, submit a change using the New York State Department of Health DOH-5807 Form. When submitting a change, if the dates specified in Item 13 (“Dates Scheduled”) are to be added for a specified work location, indicate in this field the number of added days. Notification of adding days or changing locations should be made three (3) days in advance
If my company does work in more than one location on the same day, does each location count separately as a day used?
No. Working at multiple locations on the same day counts as a single day.
For ongoing jobs, can I leave licensed material stored and properly secured at the temporary job site until a later date?
Each day that the licensed material is stored at the temporary job site and/or within New York State will count toward the allotted total of 180 days. Please note that temporary storage may be limited to no more than 5 consecutive days in New York State without prior approval from NYSDOH, unless you are possessing and/or using radioactive materials in aggregate quantities such that physical controls are required under 10 NYCRR Part 37. However, applicants possessing and/or using radioactive materials in aggregate quantities in which physical controls are required under 10 NYCRR Part 37 shall not let materials sit idle for more than 48 consecutive hours.
The Department may waive these limitations if you provide information regarding the security and layout for the temporary storage of these devices or materials. Waiver requests will be considered on a case-by-case basis to ensure adequate protection and sole access of these devices and materials by the reciprocity licensee.
Dispatching devices from a temporary job site to other temporary jobsites under reciprocity is not permitted.
I have multiple Agreement State licenses authorizing the same activities. Can I file for reciprocity under more than one Agreement State license in a given calendar year?
No. A company may conduct no more than 180 days of licensed activities in New York State jurisdiction per calendar year. If you wish to conduct more than 180 days of licensed activities, then you must apply for a NYSDOH specific license.
In your reciprocity application, you should indicate and submit all radioactive materials licenses in which your company may utilize in performing work under reciprocity in New York State. Your company will receive a single NYS Reciprocity Number to reference when submitting subsequent requests and upon renewing your reciprocity on subsequent calendar years.
What should I do if there is a change in control of my company after I pay for and receive initial reciprocity approval to perform work in New York State?
NIf your U.S. NRC or Agreement State Radioactive Materials License remains active and is amended following the change in-control, with no change to the license number, you may continue performing work under the original reciprocity approval in New York State without the need to reapply and pay for reciprocity.
If the change in control results in the U.S. NRC or Agreement State terminating the license in which you applied for reciprocity, you must reapply for reciprocity with your new license information.
