ML25133A075

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NRC Routine Inspection Report No. 03011072/2025001(DRSS) and Exercise of Enforcement Discretion, Union Hospital, Inc
ML25133A075
Person / Time
Site: 03011072
Issue date: 05/14/2025
From: Rhex Edwards
NRC/RGN-III/DRSS/MIB
To: Howe K
Union Hospital
References
EAF-RIII-2025-0098 IR 2025001
Download: ML25133A075 (1)


See also: IR 07200202/1950001

Text

EAF-RIII-2025-0098

Kristi Howe

Supervisor Nuclear Cardiology

Union Hospital, Inc.

1606 N 7th St.

Terre Haute, IN 47804

SUBJECT:

NRC ROUTINE INSPECTION REPORT NO. 03011072/2025001(DRSS) AND

EXERCISE OF ENFORCEMENT DISCRETION - UNION HOSPITAL, INC.

Dear Kristi Howe:

This letter refers to a routine inspection conducted on April 1, 2025, by an inspector from the

U.S. Nuclear Regulatory Commission (NRC) at your facility in Terre Haute, with continued in-

office review through April 22, 2025. The purpose of the inspection was to review activities

performed under your NRC license to ensure that these activities were being performed in

accordance with NRC requirements. The purpose of the in-office review was to evaluate

additional information not available during the on-site inspection. Luis Nieves Folch of my staff

conducted a final exit meeting with you on April 22, 2025, to discuss the inspection findings.

This letter presents the results of the inspection.

During this inspection, the NRC staff examined activities conducted under your license related

to public health and safety. Additionally, the staff examined your compliance with the NRCs

rules and regulations as well as the conditions of your license. Within these areas, the

inspection consisted of selected examination of procedures and representative records,

observations of activities, and interviews with personnel.

Based on the results of this inspection, the NRC has determined that a violation of Title 10 of

the Code of Federal Regulations (10 CFR) 35.60 and 10 CFR 35.63 was identified during this

inspection. In accordance with the Enforcement Policy, this violation would normally be

categorized at Severity Level IV. However, in accordance with NRC Enforcement Guidance

Memorandum (EGM)13-003, issued April 18, 2013, the NRC is exercising enforcement

discretion and not pursuing any enforcement action for this violation.

Title 10 CFR 35.60 requires, in part, that licensees calibrate the instrument used to measure the

activity of the dosage before it is administered to each patient or human research subject. This

calibration may either be performed in accordance with nationally recognized standards or

calibration instructions provided by the manufacturer. However, the NRC determined that Union

Hospital Inc. was unable to calibrate the Rb-82 generator system in accordance with the

regulations because there are currently neither nationally recognized standards nor specific

calibration procedures for calibrating detectors in a dynamic mode (i.e., while liquids are flowing

past the detector). Until such standards or procedures are developed, compliance with 10 CFR

35.60 is not possible. Additionally, 10 CFR 35.63 requires, in part, that a licensee determines

May 14, 2025

K. Howe

2

the activity of each dosage administered before medical use. However, the NRC concluded that,

due to the 76-second half-life of Rb-82 and direct infusion of the Rb-82 into the patient, users of

this generator system are unable to measure patient dosages of Rb-82 prior to administration.

Although violations of 10 CFR 35.60 and 35.63 were identified, which, in accordance with the

NRC Enforcement Policy would normally be categorized at Severity Level IV, you met all of the

criteria in NRC Enforcement Guidance Memorandum (EGM) 13-003, Interim Guidance for

Dispositioning Violations involving 10 CFR 35.60 and 10 CFR 35.63 for the Calibration of

Instrumentation to Measure the Activity of Rubidium-82 and the Determination of Rubidium-82

Patient Doses, dated April 18, 2013. Therefore, the NRC is exercising enforcement discretion

and not pursuing any enforcement action for these violations.

The NRCs decision is based on the criteria listed in EGM 13-003. Specifically: (1) you have

written test procedures to ensure that the infusion pump flow rate is consistent and accurate,

and that the radiation detector meets the manufacturers specifications; (2) you have confirmed

that the required infusion rate and radiation detector tests were performed within the last twelve

months and have maintained records documenting the performance and results of these tests;

(3) all authorized users for medical uses under 10 CFR 35.200 who are using the Rb-82

generator and infusion cart, as well as the Radiation Safety Officer, have successfully

completed training specific to the manufacturer and model of generator and infusion cart being

used, and documentation of satisfactory completion of such training has been maintained; and

(4) you have recorded the activity of each dosage administered, as provided by the infusion

cart. No further action or response is required on your part with regards to these issues.

In accordance with the NRCs Agency Rules of Practice and Procedure in 10 CFR 2.390, a

copy of this letter, its enclosure and any response you provide will be made available

electronically for public inspection in the NRCs Public Document Room or from the NRCs

Agencywide Documents Access and Management System (ADAMS), accessible at

http://www.nrc.gov/reading-rm/adams.html. To the extent possible, any response you provide

should not include personal privacy, proprietary, or security-related information so that it can be

made publicly available without redaction.

Please feel free to contact Luis Nieves Folch of my staff if you have any questions regarding this

inspection. Luis can be reached at 630-829-9571 or Luis.NievesFolch@nrc.gov.

Sincerely,

Rhex Edwards, Chief

Materials Inspection Branch

Division of Radiological Safety and Security

Docket No. 030-11072

License No. 13-16457-01

cc :

State of Indiana

Signed by Edwards, Rhex

on 05/14/25

K. Howe

3

Letter to K. Howe from R. Edwards, dated May 14, 2025.

SUBJECT:

NRC ROUTINE INSPECTION REPORT NO. 03011072/2025001(DRSS) AND

NOTICE OF VIOLATION - UNION HOSPITAL, INC.

DISTRIBUTION:

Jack Giessner

Mohammed Shuaibi

David Curtis

Jared Heck

Diana Betancourt-Roldan

Kenneth Lambert

Jason Draper

MIB Inspectors

ADAMS Accession Number: ML25133A075

OFFICE

RIII-DRSS

RIII-EICS

RIII-DRSS

NAME

LNieves:mh

DBetancourt-Roldan

REdwards

DATE

5/13/2025

5/13/2025

5/14/2025

OFFICIAL RECORD COPY