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UNITED STATES
[ g NUCLEAR REGULATORY COMMISSION r, s WAsHINoToN, D. L 20556
% e MEMORANDUM FOR: Connissioner Zech FROM: Victor Stello, Jr.
Executive Director for Op'arations
SUBJECT:
SECY-86-130 - PROPOSED NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY AND CONFIRMATORY ORDER FOR WASHINGTON HOSP!TAL CENTER This is in reference to your memorandum dated May 20, 1986 in which you .
requested our views regarding the Enforcement Policy and physicians in I circumstances such as set forth in SECY-86-130. I In SECY-86-130 the staff did not propose to take direct action against the.
physician because both incidents in which ne was involved were the result of a lack of good judgment rather than deliberate acts to violate NRC requirements and were not considered significant enough by NRC to warrant his removal from the position. However, the Notice of Violation and Proposed Imposition of Civil Penalty and the Confirmatory Order did state that this physician was involved in these incidents and that improved performance by this physician is needed.
In addition, copies of the actions were sent to the District of Columbia Comission on Licensure to Practice the Healing Arts. The licensee is '
responsible for ensuring that inadequate performance by its employees is corrected and must do so if it wishes to avoid further enforcement action, including action against its license. In the absence of actions that clearly warrant removal by the NRC, the licensee must itself decide whether retraining or removal is appropriate.
In a recent case (BloSmington Hospital. EA 86-39, issued April 22,1986) the staff did issue an immediately effective Order removing the physician from the position of Radiation Safety Officer and any other position involving the 1 performance or supervision of any NRC licensed activities (e.g. as an authori::ed i user). This action was taken because the physician obstructed an NRC inspection and provided false and misleading information to NRC inspectors.
In another'recent case (SECY-86-141, Mercy Hospital and Valley Radiology Associates, Inc.) in which a physician willfully failed to report a diagnostic l misadministration to the NRC, an Order To Show Cause Why The License Should Not Be Modified to prohibit the physician from any further involvement in the performance or supervision of NRC licensed activities was recommended by the staff. The staff did not recomend that t1e Order be made imediately effective cecause of the low safety significance of not reporting the misadministration and because the overall performance history of the licensees did not suggest that an iminent health and safety problem existed that would warrant the physician's imediate removal, g2O 367 871201
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Commissioner Zsch Thus, the Enforcement Policy permits removtl of individuals if the circumstances warrant it. In the Washington Hospital case, although the questic.n of whether l' to taka action against the physician was ccinsidered, on balanca, the staff did not believe the circumstances warranted such action.
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k Victor Stallo, Jr.
Executive Director for Operations cc: Chairman Palladino Commissioner Asselstine Commissioner Bernthal #
Commissioner Roberts __
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