ML20217K508
| ML20217K508 | |
| Person / Time | |
|---|---|
| Issue date: | 10/13/1999 |
| From: | Duane White NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Rimawi K NEW YORK, STATE OF |
| References | |
| NUDOCS 9910260179 | |
| Download: ML20217K508 (5) | |
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NUCLEAR REGULATORY COMMISSION E
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O. 475 ALLENDALE ROAD
[ KING OF PRUSSIA, PENNSYLVANIA 19406-1415
- ,o October 13,1999 l Karim Rimawi, Ph.D.
Director
' NY State Health Department Bureau of Environmental Radiation Protection 547 River Street, Room 520 Troy, NY 12180-2216
Dear Dr. Rimawi:
A periodic meeting with New York State Departrro nt of Health (NYSH) was held on September 21,1999. The purpose of the meeting was to review and discuss the status of NYSH's !
Agreement State program. The NRC was represented by Kathleen Schneider from the NRC's Office of State Programs and me. Specific topics and issues of importance discussed at the meeting included the changes to Part 16 to implement the collection of fees for material licensees and the potential transfer of nuclear pharmacy licensees from NY Department of Labor to NYSH.
' I have completed and enclosed a general meeting summary, including any specific actions that will be taken as a result of the meeting, if you feel that our conclusions do not accurately summarize the meeting discussions, or have any additional remarks about the meeting in general, please contact me at (610) 337-5042, or e-mail at adw@nrc. gov to discuss your concems.
.Thank you for your cooperation.
Sincerely, sc% Ud Duncan White State Agreements Officer Division of Nuclear Materials Safety
)
Enclosure:
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AGREEMENT STATE PERIODIC MEETING
SUMMARY
FOR NEW YORK STATE DEPARTMENT OF HEALTH _(NYSH)
DATE OF MEETING: September 21,1999 ATTENDEES: NBC STATE Duncan White Karim Rimawi Kathleen Schneider Adela Salame-Alfie Steven Gavitt Gary Baker Cindy Costello Mark Virgil Bob Dansereau
- DISCUSSION
- The proposed status for each of the recommendations and suggestions in Section 5.0 of the 1998 New York final lMPEP report is summarized below (number corresponding to those in the final IMPEP report). A copy of Section 5.0 of the final IMPEP report is attached for reference.
- 41. NYSH has focused more attention on completing initial inspection within six months by i highlighting initial inspections on their tracking form, tracking these inspections' in l quarterly memos and issuing licenses when equipment is received and they are ready to receive material. It is recommended that this item be closed at the next IMPEP review.
- 2. NYSH forwarded a copy of their reportable incidents since the IMPEP review to NRC on September 7,1999. NYSH is currently working to develop a new database for tracking incidents. NYSH also stated that in accordance with NY State Law, NYSH cannot
' provide the name of the facility for misadministrations. NRC staff indicated that incidents should be reported to NRC on a monthly basis in accordance with OSP Procedure SA-300 in order to meet a satisfactory finding for the indicator, Response to incidents and allegations. It is recommended that this item be verified at the next IMPEP review.
.With regard to the suggestions in the 1998 IMPEP report, NYSH has implemented the first two. l NYSH has been emphasizing inspection for performance techniques during their quarterly meetings.' NYSH will also use a local licensee (Albany Medical Center) for a series of workshops and lectures on various medical issues during the first five months of 2000.
The NYSH Agreement State program involves approximately 10 FTE distributed among several individuals. Since the last review, one individual (Charles Bums) left the program and his position was not filled and the program has lost the position. The only management change was the appointment of new Commissioner of Health, Antonia C. Novello, MD, MPH.
Starting with the new fiscal year in April, there has been a significant change in the funding of NYSH radiation protection program. The program lost 75% ofits funding from the general revenue account (17 of 25 FTE), but the budget authon sed a special revenue account for 1.785 million to replace the lost funding. NYSH has drafted changes to NYSH regulations (part 16) to implement the collect of appropriate fees to fund the program. The plan is to charge fees to all
- its licensees except counties and medical examiners. The remaining seven FTE in the radiation l
e, .4 NYSH Periodic Meeting Summary 2 program is funded through other sources. NYSH expects little impact from the collection of the additional fees since they already collect fees from approximately 25,000 x-ray registrants. The program also plans to implement tanning facility regulations which have been on the books for 10 years.
- NYSH and New York Department of Labor (NYDL) are currently discussing a change in the issuance of nuclear pharmacy licenses. Current, NYDL issues licenses to approximately 10 commercial nuclear pharmacies and NYSH has one nuclear pharmacy licensee (part of SUNY Buffalo). One of the issues under discussion includes;the appropriate radiation safety training requirements for pharmacies. NYSH already has the authority to regulate pharmacies, only changes in the NYSH Part 16 would be required and restructuring of the fees. i l
Since this periodic meeting took place only a few weeks after the All Agreement States meeting, the NRC staff discussed the reorganization of the EDO office, the retirements of key materials .
staff and the status of the new Chairman's confirmation. j The NRC staff reviewed and discussed the four allegations referred to NYSH since the IMPEP.
review with NYSH staff. NRC staff concluded that the NYSH adequately handled theses cases.
NYSH is currently working on a number of NRC amendments. NRC staff requested that NYSH !
provide copies of the draft regulations for review when they are sent out for public comment.
The next periodic meeting will be scheduled for late 2000 or early 2001. The next IMPEP review is scheduled for fiscal year 2002. '
CONCLUSION Conclusion No.1: Licensing of nuclear pharmacies may be transferred from NYDL to NYSH.
Action No.1: A. Monitor progress of discussions between NYSH and NYDL by the RSAO.
B. Discuss issue with NYDL at periodic meeting later in 1999.
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NYSH Periodic Meeting Summary 3 j
NEW YORK STATE DEPARTMENT OF HEALTH RECOMMENDATIONS AND SUGGESTIONS FROM 1998 IMPEP REPORT l RECOMMENDATIONS:
= 1. The review team recommends that NYSH modify its inspection program to ensure that initial inspections are performed within six months of the licensee's receipt of licensed material, within six months after commencement of licensed activities, or within one year of license issuance, whichever comes first, consistent with IMC 2800. (Section 3.1.3)
- 2. ' The review team recommends that NYSH notify NRC of significant reportable events and provide documentation for all reportable events both in accordance with SA-300.
(Section 3.1.3)
SUGGESTIONS
- 1. The review team suggests that NYSH's inspection documentation of exit meetings should contain substantive discussions of issues with the Radiation Safety Officer (RSO) and/or licensee management (Section 3.2.3)
- 2. The review team suggests that NYSH incorporate a field for documentation of interviewing ancillary personnel, authorized users, technicians, and itSOs into the field notes (Section 3.2.3)
- 3. The review team suggests that the NYSH inspectors attend additional training in inspecting for performance techniques. (Section 3.2.3) l
.