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APPENDIX H NCRP 10CFR Part 35.50 Training for Radiation Safety Officer
357
(C) Mathematics pertaining to the use
and measurement of radioactivity;
(D) Radiation biology; and
(E) Radiation dosimetry; and
(ii) One year of full-time radiation safety expe-
rience under the supervision of the individual identified as the Radiation Safety
Officer on a Commission or an Agreement
State license or permit issued by a Commission master material licensee that authorizes similar type(s) of use(s) of byproduct
material. An Associate Radiation Safety Officer may provide supervision for those areas for which the Associate Radiation Safety
Officer is authorized on a Commission or
an Agreement State license or permit issued
by a Commission master material licensee.
The full-time radiation safety experience
must involve the following—
(A) Shipping, receiving, and performing
related radiation surveys;
(B) Using and performing checks for
proper operation of instruments
used to determine the activity of dos-
ages, survey meters, and instruments
used to measure radionuclides;
(C) Securing and controlling byproduct
material;
(D) Using administrative controls to
avoid mistakes in the administration
of byproduct material;
(E) Using procedures to prevent or mini-
mize radioactive contamination and
using proper decontamination pro-
cedures;
(F) Using emergency procedures to con-
trol byproduct material; and
(G) Disposing of byproduct material; and
(2) This individual must obtain a written attestation,
signed by a preceptor Radiation Safety Officer or
Associate Radiation Safety Officer who has experience with the radiation safety aspects of similar
types of use of byproduct material for which the
individual is seeking approval as a Radiation
Safety Officer or an Associate Radiation Safety
Officer. The written attestation must state that
the individual has satisfactorily completed the
requirements in paragraphs (b)(1) and (d) of
this section, and is able to independently fulfill
the radiation safety-related duties as a Radiation
Safety Officer or as an Associate Radiation Safety
Officer for a medical use license; or
(c) (1) Is a medical physicist who has been certified by
a specialty board whose certification process
has been recognized by the Commission or an
Agreement State under § 35.51(a), has experience with the radiation safety aspects of similar
types of use of byproduct material for which
the licensee seeks the approval of the individual as Radiation Safety Officer or an Associate
Radiation Safety Officer, and meets the requirements in paragraph (d) of this section; or
(2) Is an authorized user, authorized medical physi-
cist, or authorized nuclear pharmacist identified
on a Commission or an Agreement State license,
a permit issued by a Commission master material licensee, a permit issued by a Commission
or an Agreement State licensee of broad scope,
or a permit issued by a Commission master
material license broad scope permittee, has experience with the radiation safety aspects of
similar types of use of byproduct material for
which the licensee seeks the approval of the
individual as the Radiation Safety Officer or
Associate Radiation Safety Officer, and meets the
requirements in paragraph (d) of this section; or
(3) Has experience with the radiation safety aspects
of the types of use of byproduct material for
which the individual is seeking simultaneous
approval both as the Radiation Safety Officer
and the authorized user on the same new medical use license or new medical use permit issued by a Commission master material license.
The individual must also meet the requirements in paragraph (d) of this section.
(d) Has training in the radiation safety, regulatory issues,
and emergency procedures for the types of use for
which a licensee seeks approval. This training requirement may be satisfied by completing training that is
supervised by a Radiation Safety Officer, an Associate
Radiation Safety Officer, authorized medical physicist, authorized nuclear pharmacist, or authorized
user, as appropriate, who is authorized for the type(s)
of use for which the licensee is seeking approval.
From the United States Nuclear Regulatory Commission, Washington, D.C. Available at https://www.nrc.gov/
reading-rm/doc-collections/cfr/part035/part035-0050.
html
I
A P P E N D I X
Consumer-Patient Radiation Health and Safety
Act of 1981*
SUBTITLE I—CONSUMER-PATIENT RADIATION HEALTH AND SAFETY ACT OF 1981
Short Title
[42 USC 10001.] note
SEC. 975. This subtitle may be cited as the “consumerpatient radiation health and safety act of 1981.”
Statement of Findings
[42 USC 10001.]
SEC. 976. The congress finds that . . .
(1) it is in the interest of public health and safety to
minimize unnecessary exposure to potentially hazardous radiation due to medical and dental radiologic
procedures;
(2) it is in the interest of public health and safety to
have a continuing supply of adequately educated
persons and appropriate accreditation and certification programs administered by state governments;
(3) the protection of the public health and safety from
unnecessary exposure to potentially hazardous radiation due to medical and dental radiologic procedures and the assurance of efficacious procedures are
the responsibility of state and federal governments;
(4) persons who administer radiologic procedures, in-
cluding procedures at federal facilities, should be
required to demonstrate competence by reason of
education, training, and experience; and
*Modified from Consumer-Patient Radiation Health and
Safety Act of 1981, Chapter 107, Secs. 10001-8 (Aug. 13, 1981).
(5) the administration of radiologic procedures and the
effect on individuals of such procedures have a substantial and direct effect upon United States interstate commerce.
Statement of Purpose
[42 USC 10002.]
SEC. 977. It is the purpose of this subtitle to—
(1) provide for the establishment of minimum standards
by the federal government for the accreditation of
education programs for persons who administer radiologic procedures and for the certification of such
persons; and
(2) ensure that medical and dental radiologic proce-
dures are consistent with rigorous safety precautions
and standards.
Definitions
[42 USC 10003.]
SEC. 978. Unless otherwise expressly provided, for purposes of this subtitle, the term—
(1) “radiation” means ionizing and nonionizing radia-
tion in amounts beyond normal background levels
from sources such as medical and dental radiologic
procedures;
(2) “radiologic procedure” means any procedure or article
intended for use in—
(A) the diagnosis of disease or other medical or den-
tal conditions in humans (including diagnostic
x-rays or nuclear medicine procedures); or
(B) the cure, mitigation, treatment, or prevention of
disease in humans that achieves its intended
purpose through the emission of radiation;
358
APPENDIX I Consumer-Patient Radiation Health and Safety Act of 1981
359
(3) “radiologic equipment” means any radiation elec-
tronic product that emits or detects radiation and is
used or intended for use to—
(A) diagnose disease or other medical or dental con-
ditions (including diagnostic x-ray equipment);
or
(B) cure, mitigate, treat, or prevent disease in hu-
mans that achieves its intended purpose through
the emission or detection of radiation;
(4) “practitioner” means any licensed doctor of medi-
cine, osteopathy, dentistry, podiatry, or chiropractic who prescribes radiologic procedures for other
persons;
(5) “persons who administer radiologic procedures”
means any person, other than a practitioner, who
intentionally administers radiation to other persons
for medical purposes and includes medical radiologic technologists (including dental hygienists and
assistants), radiation therapy technologists, and
nuclear medicine technologists;
(6) “Secretary” means the Secretary of Health and Human
Services; and
(7) “State” means the several states, the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,
the Virgin Islands, Guam, American Samoa, and the
Trust Territory of the Pacific Islands.
the Secretary determines appropriate. Such standards shall not be applicable to educational pro-
grams for practitioners.
[Regulation.]
(b) Within 12 months after the date of enactment
of this act, the Secretary, in consultation with the
Radiation Policy Council, the Administrator of
Veterans’ Affairs, the Administrator of the Environ-
mental Protection Agency, interested agencies of the
States, and appropriate professional organizations,
shall by regulation promulgate minimum standards
for the certification of persons who administer ra-
diologic procedures. Such standards shall distinguish
between certification of (1) medical radiologic tech-
nologists (including radiographers), (2) dental auxil-
iaries (including dental hygienists and assistants), (3)
radiation therapy technologists, (4) nuclear medicine
technologists, and (5) such other kinds of health
auxiliaries who administer radiologic procedures as
the Secretary determines appropriate. Such stan-
dards shall include minimum certification criteria
for individuals with regard to accredited education,
practical experience, successful passage of required
examinations, and such other criteria as the Secretary
shall deem necessary for the adequate qualification
of individuals to administer radiologic procedures.
Such standards shall not apply to practitioners.
Promulgation of Standards
[Regulation. 42 USC 10004.]
SEC. 979.
(a) Within 12 months after the date of enactment of this
act, the Secretary, in consultation with the Radiation
Policy Council, the Administrator of Veterans’ Affairs, the Administrator of the Environmental Protection Agency, appropriate agencies of the States,
and appropriate professional organizations, shall by
regulation promulgate minimum standards for the
accreditation of educational programs to train individuals to perform radiologic procedures. Such standards shall distinguish between programs for the
education of (1) medical radiologic technologists
(including radiographers), (2) dental auxiliaries (including dental hygienists and assistants), (3) radiation therapy technologists, (4) nuclear medicine
technologists, and (5) such other kinds of health
auxiliaries who administer radiologic procedures as
Model Statute
[42 USC 10005.]
SEC. 980. In order to encourage the administration of
accreditation and certification programs by the states,
the Secretary shall prepare and transmit to the states a
model statute for radiologic procedure safety. Such
model statute shall provide that—
(1) it shall be unlawful in a state for individuals to perform
radiologic procedures unless such individuals are certi-
fied by the state to perform such procedures; and
(2) any educational requirements for certification of indi-
viduals to perform radiologic procedures shall be lim-
ited to educational programs accredited by the state.
Compliance
[42 USC 10006.]
SEC. 981.
(a) The Secretary shall take all actions consistent with
law to effectuate the purposes of this subtitle.
360
APPENDIX I Consumer-Patient Radiation Health and Safety Act of 1981
(b) A state may utilize an accreditation or certification
program administered by a private entity if—
(1) such state delegates the administration of the
state accreditation or certification program to
such private entity;
(2) such program is approved by the state; and
(3) such program is consistent with the minimum
federal standards promulgated under this sub-
title for such program.
(c) Absent compliance by the states with the provisions
of this subtitle within 3 years after the date of enactment of this act, the Secretary shall report to the
Congress recommendations for legislative changes
considered necessary to ensure the states’ compli-
ance with this subtitle.
[Report to Congress.]
(d) The Secretary shall be responsible for continued moni-
toring of compliance by the states with the applicable
provisions of this subtitle and shall report to the Senate
and the House of Representatives by January 1, 1982,
and January 1 of each succeeding year the status of the
states’ compliance with the purposes of this subtitle.
(e) Notwithstanding any other provision of this section,
in the case of a state that has, prior to the effective date
of standards and guidelines promulgated pursuant to
this subtitle, established standards for the accredita-
tion of educational programs and certification of ra-
diologic technologists, such state shall be deemed to
be in compliance with the conditions of this section
unless the Secretary determines, after notice and
hearing, that such state standards do not meet the
minimum standards prescribed by the Secretary or
are inconsistent with the purposes of this subtitle.
Federal Radiation Guidelines
[42 USC 10007.]
SEC. 982. The Secretary shall, in conjunction with the
Radiation Policy Council, the Administrator of Veterans’ Affairs, the Administrator of the Environmental
Protection Agency, appropriate agencies of the states,
and appropriate professional organizations, promulgate
Federal radiation guidelines with respect to radiologic
procedures. Such guidelines shall—
(1) determine the level of radiation exposure due to ra-
diologic procedures that is unnecessary and specify
the techniques, procedures, and methods to mini-
mize such unnecessary exposure;
(2) provide for the elimination of the need for retakes
of diagnostic radiologic procedures;
(3) provide for the elimination of unproductive screen-
ing programs;
(4) provide for the optimum diagnostic information
with minimum radiologic exposure; and
(5) include the therapeutic application of radiation to
individuals in the treatment of disease, including
nuclear medicine applications.
Applicability to Federal Agencies
[42 USC 10008.]
SEC. 983.
(a) Except as provided in subsection (b), each depart-
ment, agency, and instrumentality of the executive
branch of the federal government shall comply with
standards promulgated pursuant to this subtitle.
[Regulations.]
[38 USC 101 et seq.]
(b) (1) The Administrator of Veterans’ Affairs, through
the Chief Medical Director of the Veterans’ Adminis-
tration, shall, to the maximum extent feasible consis-
tent with the responsibilities of such Administrator and
Chief Medical Director under subtitle 38, United States
Code, prescribe regulations making the standards pro-
mulgated pursuant to this subtitle applicable to the
provision of radiologic procedures in facilities over
which the Administrator has jurisdiction. In prescribing
and implementing regulations pursuant to this subsec-
tion, the Administrator shall consult with the Secretary
in order to achieve the maximum possible coordination
of the regulations, standards, and guidelines, and the
implementation thereof, which the Secretary and the
Administrator prescribe under this subtitle.
[Report to congressional committees.]
(2) Not later than 180 days after standards are promul-
gated by the Secretary pursuant to this subtitle, the
Administrator of Veterans’ Affairs shall submit to
the appropriate committees of Congress a full re-
port with respect to the regulations (including
guidelines, policies, and procedures thereunder)
prescribed pursuant to paragraph (1) of this sub-
section. Such report shall include—
(A) an explanation of any inconsistency between
standards made applicable by such regulations
and the standards promulgated by the Secretary
pursuant to this subtitle;
APPENDIX I Consumer-Patient Radiation Health and Safety Act of 1981
361
(B) an account of the extent, substance, and results
of consultations with the Secretary respecting
the prescription and implementation of regulations by the Administrator; and
(C) such recommendations for legislation and ad-
ministrative action as the Administrator determines are necessary and desirable.
[Publication in Federal Register.]
(3) The Administrator of Veterans’ Affairs shall publish
the report required by paragraph (2) in the Federal
Register.
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