Information Notice 2002-28, Appointment of Radiation Safety Officers and Authorized Users Under 10 CFR Part 35

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Appointment of Radiation Safety Officers and Authorized Users Under 10 CFR Part 35
ML022660312
Person / Time
Issue date: 09/27/2002
From: Cool D
NRC/NMSS/IMNS
To:
References
IN-02-028
Download: ML022660312 (7)


UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, D.C. 20555 September 27, 2002 NRC INFORMATION NOTICE 2002-28: APPOINTMENT OF RADIATION SAFETY

OFFICERS AND AUTHORIZED USERS UNDER

10 CFR PART 35

Addressees

All medical licensees.

Purpose

The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice (IN) to inform

licensees of the importance of ensuring that Radiation Safety Officers (RSOs) and Authorized

Users (AUs) are appointed with the individuals knowledge and consent. This IN is also being

issued to inform licensees of the new requirement affecting the appointment of RSOs under the

revised 10 CFR Part 35, Medical Use of Byproduct Material. It is expected that recipients will

review the information for applicability to their facilities and consider actions, as appropriate, to

ensure compliance with the new NRC requirement. However, no specific action nor written

response is required.

Description of Circumstances

Several recent NRC inspections have identified cases involving medical licensees who

appointed an RSO or AU without this individuals knowledge or consent. As a result, licensed

activities were performed without the oversight of an RSO and dosages were administered to

human patients without the supervision of an AU.

Discussion:

The current Part 35 states that a licensee shall appoint an RSO responsible for implementing

the radiation safety program, but there is no explicit regulatory requirement for written

acceptance by the RSO. The revised Part 35, which becomes effective October 24, 2002, provides a new requirement for appointment of the RSO for medical facilities. Specifically,

10 CFR 35.24(b) states that a licensees management shall appoint an RSO, who agrees, in

writing, to be responsible for implementing the radiation protection program. A clear written

agreement between licensee management and the RSO can prevent confusion about the

RSOs role and responsibilities. Licensees appointing RSOs after the effective date of the

revised rule are required to adhere to this new requirement.

The revised Part 35 also requires that the AU provide supervision to individuals using licensed

material. Specifically, 10 CFR 35.27(a)(2) requires the supervised individual to follow the

instructions of the supervising AU for medical uses of byproduct material. Although there is no

requirement for a written agreement between the AU and management, licensees are expected

to ensure that AUs are aware of their respective roles and responsibilities.

This IN requires no specific action nor written response. If you have any questions about the

information in this notice, please contact one of the technical contacts listed below, or the

appropriate regional office.

/RA/

Donald A. Cool, Director

Division of Industrial and Medical

Nuclear Safety

Office of Nuclear Material

Safety and Safeguards

Technical contacts: Ivelisse Cabrera, NMSS Roberto Torres, NMSS

(301) 415-8152 (301) 415-8112 E-mail: imc1@nrc.gov E-mail: rjt@nrc.gov

Attachments:

1. List of Recently Issued NMSS Information Notices

2. List of Recently Issued NRC Information Notices

ML022660312 ADAMS DOCUMENT TITLE:

OFFICE MSIB MSIB NMSS/Editor MSIB IMNS

NAME ICabrera FBrown EKraus/fax TEssig DCool

DATE 9/6/02 9/9/02 9/10/02 9/10/02 9/ /02

Attachment 1 LIST OF RECENTLY ISSUED

NMSS INFORMATION NOTICES

_____________________________________________________________________________________

Information Date of

Notice No. Subject Issuance Issued to

_____________________________________________________________________________________

2002-23 Unauthorized Administration of 07/16/2002 All medical licensees.

Byproduct Material for Medical

Use

2002-19 Medical Misadministrations 06/14/2002 All nuclear pharmacies and

Caused By Failure to Properly medical licensees.

Perform Tests on Dose

Calibrators for Beta- and Low- Energy Photon-Emitting

Radionuclides

2002-17 Medical Use of Strontium-90 05/30/2002 All U.S. Nuclear Regulatory

Eye Applicators: New Commission medical licensees

Requirements for Calibration that use strontium-90 (Sr-90) eye

and Decay Correction applicators.

2002-16 Intravascular Brachytherapy 05/01/2002 All Medical Licensees.

Misadministrations

2001-18 Degraded and Failed 12/14/2001 All uranium fuel conversion, Automatic Electronic enrichment and fabrication

Monitoring, Control, Alarming, licenses and certificate holders

Response, and authorized to receive safeguards

Communications Needed for information. Information notice is

Safety and Safeguards not available to the public

because it contains safeguards

information.

Note: NRC generic communications may be received in electronic format shortly after they are issued by

subscribing to the NRC listserver as follows:

To subscribe send an e-mail to <listproc@nrc.gov >, no subject, and the following command in the

message portion:

subscribe gc-nrr firstname lastname

______________________________________________________________________________________

OL = Operating License

CP = Construction Permit

Attachment 2 LIST OF RECENTLY ISSUED

NRC INFORMATION NOTICES

_____________________________________________________________________________________

Information Date of

Notice No. Subject Issuance

Issued to

_____________________________________________________________________________________

2002-27 Recent Fires at Commercial 09/20/2002 All holders of operating licenses

Nuclear Power Plants in the for nuclear power reactors, United States except those who have

permanently ceased operations

and have certified that fuel has

been permanently removed from

the reactor.

2002-26 Failure of Steam Dryer Cover 09/11/2002 All holders of operating license or

Plate After a Recent Power construction permits for nuclear

Uprate power reactors, except those that

have permanently ceased

operations and have certified that

fuel has been permanently

removed from the reactor.

2002-25 Challenges to Licensees 08/26/2002 All holders of operating licenses

Ability to Provide Prompt for nuclear power reactors, Public Notification and except those who have

Information During an permanently ceased operations

Emergency Preparedness and have certified that fuel has

Event been permanently removed from

the reactor vessel.

2002-24 Potential Problems With Heat 07/19/2002 All holders of licenses for nuclear

Collectors on Fire Protection power, research, and tests

Sprinklers reactors and fuel cycle facilities.

2002-02, Recent Experience With 07/17/2002 All holders of operating licenses

Supplement 1 Plugged Steam Generator for pressurized-water reactors

Tubes (PWRs), except those who have

permanently ceased operations

and have certified that fuel has

been permanently removed from

the reactor.

Note: NRC generic communications may be received in electronic format shortly after they are issued by

subscribing to the NRC listserver as follows:

To subscribe send an e-mail to <listproc@nrc.gov >, no subject, and the following command in the

message portion:

subscribe gc-nrr firstname lastname

______________________________________________________________________________________

OL = Operating License

CP = Construction Permit