Information Notice 2002-23, Unauthorized Administration of Byproduct Material for Medical Use
ML060670469 | |
Person / Time | |
---|---|
Issue date: | 03/21/2006 |
From: | Chris Miller NRC/NMSS/IMNS |
To: | |
McIntosh A | |
References | |
IN-02-023 | |
Download: ML060670469 (5) | |
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR MATERIALS SAFETY AND SAFEGUARDS
WASHINGTON, D.C. 20555-0001 March 21, 2006 NRC INFORMATION NOTICE 2002-23, Supplement 1: UNAUTHORIZED ADMINISTRATION
OF BYPRODUCT MATERIAL FOR MEDICAL USE
ADDRESSEES
All medical licensees.
PURPOSE
The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice (IN) to
underscore the requirement in 10 CFR 35.27 that appropriate authorization be obtained before
administration of byproduct material for medical use, and to re-emphasize the seriousness of
deliberate misconduct. It is expected that recipients will review this information for applicability to
their facilities and consider actions, as appropriate. However, suggestions contained in this IN
are not new NRC requirements; therefore, no specific action nor written response is required.
BACKGROUND
NRC previously issued IN 2002-23, Unauthorized Administration of Byproduct Material for
Medical Use on July 16, 2002, informing licensees of the importance of appropriate authorization
before administration of byproduct material for medical use. (Note: IN 2002-23 may be viewed at
the NRC website at http://www.nrc.gov/reading-rm/doc-collections/gen-comm/info-notices/2002/
in02023.pdf). The cases described in IN 2002-23 involved the deliberate unauthorized
administration of licensed material to humans. Since the issuance of IN 2002-23, NRC has
become aware of additional cases involving the deliberate unauthorized administration of licensed
material to humans. The unauthorized administrations in each of these additional cases involved
licensee employees or students and did not involve patients.
DESCRIPTION OF CIRCUMSTANCES
In April 2004, a nuclear medicine technologist (NMT) at a teaching institution deliberately directed
a student technologist to administer a dose of technetium-99m to the NMT for a scan of her brain
knowing that she did not have the approval of a physician authorized user. The student
technologist performed the brain scan as directed by the NMT. Licensee management notified
NRC when they discovered the unauthorized administration. As a result of NRC enforcement
action, the licensee in this case has taken several corrective actions to prevent recurrence, including providing orientation for new students and employees regarding these events, discussing this issue at external meetings, and communicating this issue via articles to be
published in professional journals.
ML060670469 IN 2002-23, Supp. 1 In another case, an NMT at a medical institution was administered a dose of technetium-99m for
a renal scan in July 2003 by an individual with the NMTs knowledge that there was no approval
by a physician authorized user. The NRC Office of Investigation found that the individual was
another NMT at the medical institution; however, the NRC did not make a final determination
regarding the willfulness of the violation. As in the first case, licensee management notified NRC
when it discovered the unauthorized administration.
The licensee in this case has also taken several corrective actions to prevent recurrence including
providing training to employees regarding these events, implementing quarterly audits/inspections
of the Nuclear Medicine Department, and reviewing policies and procedures for areas of
improvement.
DISCUSSION
The deliberate unauthorized medical administration of byproduct material involves violations of
10 CFR 35.27, Supervision and 10 CFR 30.10, Deliberate Misconduct.
The NRCs requirements regarding the medical use of byproduct material are contained in
10 CFR Part 35, Medical Use of Byproduct Material, and provide that only a physician
authorized user or someone under the supervision of an authorized user, may administer licensed
material. Specifically, Section 35.27(a)(2), Supervision, requires that an individual, under the
supervision of an authorized user, follow the instructions of the supervising authorized user
regarding medical uses of byproduct material, written radiation protection procedures established
by the licensee, written directive procedures, and all applicable NRC regulations and license
conditions.
In addition,10 CFR 30.10 (a)(1), which is applicable to medical users, provides in part that any
licensee, certificate of registration holder, or applicant; or contractor or subcontractor of these
entities, who knowingly provides goods or services related to the licensees, certificate holders, or
applicants activities in Part 30, may not engage in deliberate misconduct that causes or would
have caused if not detected, a licensee, certificate of registration holder or applicant to be in
violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued
by the Commission. Under these provisions, persons who have reasonable knowledge that their
actions are related to an activity subject to NRC regulations, and deliberately engage in
misconduct that causes or would have caused a violation have violated section 30.10, and may
be subject to enforcement action. Such deliberate violations are significant in that they pose a
distinct threat to public health and safety.
Violations caused by the deliberate actions of a licensee and/or its employees are of serious
concern to the NRC. Deliberate violations on the part of licensees can seriously undermine the
publics trust in the NRCs ability to effectively carry out its mission to protect the health and safety
of the public and radiation workers. Therefore, NRC has authority to impose significant
enforcement action for such violations, and will consider imposing significant sanctions when
assertions of deliberate misconduct are substantiated.
IN 2002-23, Supp. 1 NRC expects its licensees to ensure that their staff fully understand and adhere to the
requirements associated with the medical administration of licensed material. NRC will consider
enforcement actions for both licensees and individual staff members when NRC requirements are
determined to have been deliberately violated. In the cases described above, the licensees and
some of the involved individuals were issued Notices of Violation. NRC enforcement actions may
be viewed at http://www.internal.nrc.gov/OE/.
This IN requires no specific action nor written response. If you have any questions about the
information in this notice, please contact the technical contact listed below or the appropriate
regional office.
Patricia Holahan for/RA/
Charles L. Miller, Director
Division of Industrial and
Medical Nuclear Safety
Office of Nuclear Material Safety
and Safeguards
Technical Contact:
Joseph Nick, RI
610-337-5056 E-mail: jln@nrc.gov
Attachment: List of Recently Issued NMSS Generic Communications
OFFICE RI/DNMS RI/DNMS RIII/DNMS S RIV/DNMS MSIB
NAME JNick PHenderson P. Pelke J. Whitten AMcIntosh
DATE 02/07/06 02/10/06 01/ 30/06 02/08/06 02 /02/06 OFFICE MSIB MSIB IMNS OE OGC
NAME SWastler TEssig PHolahan for SMerchant STreby
CMiller
DATE 3/7/06 3/7/06 3/7/06 03/ 06/06 03/02/06
Attachment
IN 2002-23, Supplement 1 Recently Issued NMSS Generic Communications
Date GC No. Subject
Addressees
01/26/06 RIS-02-15, NRC Approval of Commercial Data All authorized recipients and holders of
Rev. 1 Encryption Products For the sensitive unclassified safeguards
Electronic Transmission Of information (SGI).
Safeguards Information
01/24/06 RIS-06-01 Expiration Date for NRC-Approved The U.S. Nuclear Regulatory Commission
Spent Fuel Transportation Routes (NRC) licensees who transport, or deliver
to a carrier for transport, irradiated reactor
fuel (spent nuclear fuel (SNF)).
01/13/06 RIS-05-27, NRC Regulatory Issue Summary All 10 CFR Parts 71 and 72 licensees and
Rev. 1 2005-27, Rev. 1, NRC Timeliness certificate holders.
Goals, Prioritization of Incoming
License Applications and Voluntary
Submittal of Schedule for Future
Actions for NRC Review
01/19/06 IN-06-02 Use of Galvanized Supports and All holders of operating licenses for
Cable Trays with Meggitt Si 2400 nuclear reactors except those who have
Stainless- Steel-jacketed Electrical permanently ceased operations and have
Cables certified that fuel has been permanently
removed from the reactor vessel; and fuel
cycle licensees and certificate holders.
Note: NRC generic communications may be found on the NRC public website at http://www.nrc.gov, under Electronic
Reading Room/Document Collections.