ML20197G435
| ML20197G435 | |
| Person / Time | |
|---|---|
| Issue date: | 05/17/1984 |
| From: | Mapes J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Thomas R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| Shared Package | |
| ML20197G438 | List: |
| References | |
| NUDOCS 8406080134 | |
| Download: ML20197G435 (2) | |
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UNITED STATES f
NUCLEAR REGULATORY COMMISSION L
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' MAY 171984 *,:,.
MEMORANDlfM FOR:
Robert Thomas Chief Radiation Protection and Licensing Section Division of Radiological Safety and Safeguards i
Region V MRC FROM:
Jane R. Mapes Senior Regulations Attorney Regulations Division. OELD 1
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SUBJECT:
LICENSE REQUIREMENTS FOR VA HOSPITALS You have requested our views on how certain radiological health and I
monitoring services performed for and under contract with a Veterans Administration hospital at the Veterans Administration hcspital es a l
" place of use" should be licensed, and, more particularly, whether a Veterans Administration hospital can be included in a license issued to its affiliated institution by an Agreement State.
As we understand the circumstances, the Veterans Administration hospital provides nuclear medicine and radiology services directly to patients.
The Veterans Administration hospital has also executed a contract with a university under which the university has agreed to perform certain radiological health monitoring services for the Veterans Administration hospital at the Veterans Administration hospital site. Both the Veterans Administration hospital and the university are located in an Agreement State. The university holds a byproduct material license issued by the l
Agreement State. Specific examples of these arrangements include those j
between the Jerry L. Pettis Memorial Veterans Hospital at Loma Linda,,'
l California and Loma Linda University and between the Veterans Administration Medical Center at Palo Alto, California and Leland Stanford Junior University.
One of the objectives of the 1959 Federal-State Amendment to the Atomic
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Energy act of 1954, as amended, was to eliminate dual regulation. Under the regulatory scheme established by section 274 of the Atomic Energy j
Act and the Commission's implementing regulations in 10 CFR Part 150, h
persont are subject to regulation by the Federal government or by an l t Agreemant State, but not by both. Despite their location in an Agreement j.
State, agencies of the Federal government are not subject to licensing and J
regulation by an Agreement State, but remain subject to the licensing and relatad regulatory authority of the NRC (see 10 CFR li 150.3(e) and (p) lj and150.10).
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i As a Federal institution, a Veterans Administration hospital must have i
its own license from the Nuclear Regulatory Commission in order to provide nuclear medicine and other radiology services to patients and to :enduct other activities using licensed material at the hospital.
As an NRC licensee, a Veterans Administration hospital is responsible for all licensed activities perfomed at the hospital. including any activities within the scope of the license perfomed for it by others under contract. Restated, the Veterans Administration hospital is responsible for assuring that radiological health monitoring services performed for it by a university at the Veterans Administration hospital t
site are carried out in accordance with the terms of its NRC license.
If the university should violate the tems and conditions of the VA hospital's NRC license while performing radiological monitoring services for the Veterans Administration hospital at the VA hospital site, the NRC would hold the VA hospital directly responsible.
The NRC license which the Veterans Administration hospital is required I
to have covers the radiological monitoring activities which the university perfoms for the Veterans Administration hospital at.the
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VA hospital site.
It is inappropriate for the university's Agthement State license to purport to authorize those activities sirce the r
Agreement -State has no jurisdiction over Federal agencies. Accordingly.
under the existing regulatory scheme, only those activities of the university which are not performed at the VA hospital site and which are therefore not within the scope of the NRC license issued to the Veterans Administration hospital are subject to licensing and regulation by an Agreement State.
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Jane R. Mapes J
Senior Regulations Attorney Regulations Division. OELD Q
cca Karen Cyr. OELD L
Lloyd Bolling. SP Pat Vacca. NMSS Edward Flack. IE y
Lewis Sho11enberger Region V 1
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