A licensee may use any unsealed byproduct material prepared for medical use and for which a written directive is required that is—
    
    
    
        
        (1) 
         A manufacturer or preparer licensed under  § 32.72 of this chapter or equivalent Agreement State requirements; or
     
    
        
        (2) 
         A PET radioactive drug producer licensed under  § 30.32(j) of this chapter or equivalent Agreement State requirements; or
     
    
        
        (b) 
         Excluding production of PET radionuclides, prepared by:
     
    
        
        (1) 
         An authorized nuclear pharmacist;
     
    
        
        (2) 
         A physician who is an authorized user and who meets the requirements specified in  §§ 35.290, 35.390, or
     
    
        
        (3) 
         An individual under the supervision, as specified in  § 35.27, of the authorized nuclear pharmacist in paragraph (b)(1) of this section or the physician who is an authorized user in paragraph (b)(2) of this section; or
     
    
        
        (c) 
         Obtained from and prepared by an NRC or Agreement State licensee for use in research in accordance with an Investigational New Drug (IND) protocol accepted by FDA; or
     
    
        
        (d) 
         Prepared by the licensee for use in research in accordance with an Investigational New Drug (IND) protocol accepted by FDA.
     
    
        
            Code of Federal Regulations
        
        [67 FR 20370, Apr. 24, 2002, as amended at 68 FR 19324, Apr. 21, 2003; 71 FR 15009, Mar. 27, 2006; 72 FR 55932, Oct. 1, 2007]