ML20058K134
| ML20058K134 | |
| Person / Time | |
|---|---|
| Issue date: | 11/17/1993 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Hutchinson K SENATE |
| Shared Package | |
| ML20058K137 | List: |
| References | |
| CCS, NUDOCS 9312140429 | |
| Download: ML20058K134 (5) | |
Text
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UNITED STATES I
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NOCLEAR REGULATORY COMMISSION
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WASHINGTON. D.C. 20555-0001
%g ~ ud pf November 17, 1993 The Honorable Kay Bailey Hutchison United States Senator 961 Federal Building 300 East 8th Street Austin, Texas 78701
Dear Senator Hutchison:
This is in response to your letter of October 28, 1993, requesting that we address the concerns expressed in an inquiry from one of your constituents, Ms. Dorothy S.
Swann.
In her letter of September 4, 1993, Ms. Swann expressed her concern regarding her inability to secure treatment records of physicians' services that were provided in 1969 and 1975, in the State of New York.
Ms. Swann is concerned that she may have received an overdose of radiation following a thyroidectomy for cancer of the thyroid gland in 1969.
Ms. Swann inquired about regulations covering how long records must be retained.
The State of New York is an Agreement State and, therefore, has jurisdiction in this matter.
Under the Atomic Energy Act of 1954, Section 274, Cooperation With States:
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The Commission is authorized to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission.
with respect to.
byproduct materials, source materials, and special nuclear materials in quantities not sufficient to form a critical mass.
Discussions with New York State Health Department officials found that under the Public Health Law, the New York State Health Department has the regulatory authority for licensing medical facilities.
Additional requirements are contained in the New York State Health Department Codes and the State Professional Practice Act under the Education Law, both of which require the retention of records for a period of three years.
The statute of limitations, under civil law, also requires that records be maintained for up to six years.
The treatment in question occurred 18-24 years ago and, therefore, the six year retention f
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a The Honorable Kay Bailey'HLcchison 2
November 17, 1993 period for records has expired.
The State of New York would not be able to provide.the requested information.
Any further inquiries should be directed to the following State official:
Karim Rimawi, Ph.D.,
Director Bureau of Environmental Radiation Protection New York State Health Department Two University Place t
Albany, NY 12203 Sincerely,d by originalsigne James M. Taylor James M. Taylor Executive Director for Operations
Enclosures:
1.
Ltr 9/4/93 Dorothy S.
Swann to Senator Kay Bailey Hutchison 2.
Ltr 9/4/93 Deruthy S.
Swann to Senator John Glenn Distribution:
JMTaylor, EDO DRathbun, OCA HLThompson, DEDS RBangart i
SSchwartz JSurmeier PLarkins NY State Health Dept.
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The Honorable Kay Bailey Hutchison 2
period for records has expired.
The State of New York would not be able to provide 1.he requested information.
Any further inquiries should be directed to the following State official:
Karim Rimawi, Ph.D.,
Director Bureau of Environmental Radiation Protection
' i New York State Health Department Two University Place Albany, NY 12203 Sincerely,
_/
s M.
ylor o
'ecutiv Director for Operations
Enclosures:
1.
Ltr 9/4/93 Dorothy S.
Swann to Senator Kay Bailey Hutchison 2.
Ltr 9/4/93 Dorothy S.
Swann to Senator John Glenn 4
4
I 1302 Bridle Spur Lane Houston,Tx. 77055 September 4, 1993 Senator Kay Bailey Hutchison United States Senate Washington, D.C.
Dear Senator Hutchison,
S I am enclosing a copy of the letter I have sent to Senator John Glenn as head of the National Regulatory Commission conerning the long term effects of radiation traatment I received in 1969.
As one of your constituents I feel it is important for you to have the information. I am also contacting your of fice in Houston to help me edite my application for Social Security Disability as I have be at of work since April of this year with no income and a tidal w2 of medical bills.
I look forward to further contact and support from you and your staff.
-c-Sincerely, Dorothy S Swann e
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1302 Bridle Spur Lane y
Houston, Tx. 77055 September 4,
1992 Senator John Glenn United States Senate Washington, D.C.
Dear Senator Glenn,
An article appeared in the Houston Post on May 7, 1993 concerning the National Regulatory Commission and patients who received radiation overdoses and were never told. I am writing to you because I believe I am one of those patients.
In 1969 I received radiation following a thyroidectomy for cancer of the thyroid. One vocal chord was paralyzed during this surgery.
l This was in New Rochelle, New York. I managed fairly well over the years but recently there has been a dramatic deterioration in the tissues and bones in my cervical spine that were exposed to the radiation. I have contacte.d-the oncologist who supervised my case in
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the early 1970's. He has no records..The clinic where I received the radiation'in Mt. Vernon, N.Y. no longer exists. I have no way of knowing the type and dosage of radiation I received. In 1975 I was 1
treated by a prominent New York otolaryngologist who injected teflon into the non-working vocal chord and also removed polyps from the working vocal chord several times. I have requested records from him which he states he no longer has.
Let me briefly describe my current situation: In 1987 I developed an abscess in my esophagus which was treated with surgery and high doses.of antibiotics. My throat healed. In August, 1991 I couldn't breathe. Out of desperation I consented to a tracheostomy. This was due to bi-lateral vocal chord paralysis. In the year and a half that-followed I tried alternative treatments because of my disapppointment and distrust of conventional medicine. Sadly, my situation.
i deteriorated and I lost my ability to swallow. In May of this year, I
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was hospitalized and now have a feeding tube in my abdomen. The good news is that I have begun to gain weight. The bad / sad news is my swallowing is not couing back. The otolaryngologist who has been f ollowing me believes the problems have occured because of the original radiation treatment and that I'was over-radiated.
I am married and have two small children, ages four and eight l
and a half. I am a psychiatric social worker with twenty years experience.
I am barely able to cope with my life as it is now and am incensed that no records are available.
t Is there a regulation concerning how long records are to be kept? Please advise as to what steps are available to me through the National Regulatory Commission.
5, Thank you for your time and consideraE70n.
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Sincerely, Dorothy S.
w nn CC: Senator Phil Gramm Senator Kay Bailey Hutchison Congressman Craig Washington
.