ML20126A990

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Comments on H.R.5934, Consumer-Patient Radiation Health & Safety Act of 1979. Should Include Requirement That Stds Developed Per Sections 131 or 132 Shall Be Promulgated Only After Prior Consultation & Coordination W/Nrc
ML20126A990
Person / Time
Issue date: 12/31/1979
From: Dircks W
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Slaggie E
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20126A980 List:
References
NUDOCS 8002290024
Download: ML20126A990 (2)


Text

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UNITED STATES y y') y (y,;

NUCLEAR REGULATORY COMMISSION 3 G., %... tC WASHINGTON, D. C. 20555 T

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m-g wm f DEC 3 : 1 79 MEMORANDUM FORi E. Leo Slaggie Office of the General Counsel FROM:

William J. Dircks, Director Office of Nuclear Material Safety and Safeguards SUEJECT:

H.R. 5934, " CONSUMER-PATIENT FADI ATION HEALTH AND s

SAFETY ACT OF 1979" This c ffice has reviewed the above bill forwarced by ycur menorandum of De:erber 5,1979, and has the following comments:

1.

Section 104(4) [page 6, line 13]

" radiation" is defined, for pur;oses of the Act, to incle"^ "na tural adiation." We believe

c: na tural radiation s F" '

be included, because it is not amena bl e to regul ni ~

- :~ rol.

2.

Se:: ion 104/~' ~ -

defines " radiologic technoicgist," for cur::ses of '

. as "an;. Derscn.

othe-than a nedical or den al practitioner, wno actinisters radiation ;c censumer-patients,"

and fur;her e.umerates several Ca:scories of radiolociC *eChnolo0ists.

F-E vently in radiation the a;y, a raciation physicist acting on's trescrittion by a physician dire::iy sucervises the admir.istra; ion of ra:ia:icn to the patient by tre radiatie-techn:legist, but cces nt:

"itsel f administer it.

We te.lieve it is acoropriate to insert on

n y-6rl.ine--l 6, foll owi ng :ne wo rd "a dm i ni s ters," the word s "or directly supervises the acministra:icn of,'

to ;rovide fer :ne cualificatien of such persons.

3.

Sec; ion 121(b;M] enumerates ca e; cries of criteria and guidelines to be promulgated by the Secre:ary (HEW). Diagnostic nuclear medicine is not included.

We believe that ie-s hould be, a nd t ha t the categories in Section"12i(b) should be changed to read as follows:

i

"(1 )

the application of diagnostic X-rays c censumer-catients; (2) the administration of radioactive drugs for diagnostic purposes to consumer-pa tients ;

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4 E, Leo Slaggie

.2-(3) the therapeutic external application of beam radiation to consumer-patients for treatment of disease; and (4 )'

the therapeutic internal application of radiation to consumer-patients for treatment of disease, such as Jerapeutic nuclear medicine applications,"

Iction 131(a)Mrequires the Secretary to promulgate 4

voluntary minimum standards for the accreditation of educational

' institutions conductino education programs in radiologic services.

Section 132(a) [+d requires the Secretary to promulgate voluntary minimum standards for licensure of radiologic technologists.

Sec tion 141_MrTmakes compliance with all such standards mandatory on all Federal agencies.

Inese standards are likely to substantially affect a large number,qL <-

NRC licensees and r.any Federal agencies, Hence we believe itjT5sintial to include in -t

t 11 a regt.irement tha t vy standards developed t

i pursuant to 5'ections 131 or 132 shall be promulgated only af ter prior consulta' inn W coordinatinn with the Nuclear Deculatory Commission.

5.

Page S, line 25, should be cnanced tc read: " orca nizations will adnere (and are continuing to adhere).' " in the interest of parillelism.

6.

Pa ge 9, line 7, should be changed to read: " organizations are ccr.:inuing to adhere to such standarci."

The word "no " should be

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!:ricken.

Otherwise, the provisc as oresently written rakes no sense.

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Willier J.

cks, Director Office of Nuclear Material Safety anc Safeguard a,