§ 175.102 — Standards for Protection Against Radiation

§ 175.102 Standards for Protection Against Radiation.

(a) Except as set forth in subdivision (b) of this section, 10 C.F.R. Part 20 is hereby incorporated by reference herein to this Article with the same force and effect as if fully set forth in its entirety. (b) The following provisions from 10 C.F.R. Part 20 are not so incorporated: § 20.1001, § 20.1002, §§ 20.1006 through 20.1009, § 20.1406(b), § 20.1905(g), § 20.2203(c), § 20.2206, § 20.2401, § 20.2402 and Part 20 Appendix D. (c) Additional requirements. (1) Radiation protection programs. (i) Each licensee must: (A) provide a radiation safety officer pursuant to 10 C.F.R. §§ 35.24 and 35.50 who shall be delegated authority to ensure the implementation of this radiation protection program and ensure radiation doses are As Low As Reasonably Achievable (ALARA) (as defined in 10 C.F.R. § 20.1003 and more fully described in 24 RCNY Health Code § 175.105(c)(1)). The radiation safety officer or associate radiation safety officer named on the license, or an authorized user designated to act as the radiation safety officer in the radiation safety officer's absence, must be present on the premises at least 50 percent of the time that radioactive material is being handled or equipment containing radioactive material is being operated; (B) provide for a radiation safety committee to administer the radiation protection program in medical centers, hospitals and institutions of higher education. The committee must include the facility operator or a person with the authority to act on behalf of the facility operator, and representation from departments within the facility where radiation sources are used. The committee must meet at least quarterly and must oversee all uses of radioactive materials within the facility, must review the activities of the radiation safety officer, and must review the radiation safety program at least annually. The committee, or a subcommittee, must oversee the administration of a quality assurance program as required by 24 RCNY Health Code § 175.108; (C) provide a quality assurance program for diagnostic and therapeutic uses of radioactive materials pursuant to 24 RCNY Health Code § 175.108 and other applicable provisions of this Article; and (D) ensure that all personnel involved in planning for, or administering radiation doses to humans, or in the use of radioactive materials for other lawful purposes, are supervised, are instructed as described in 10 C.F.R. § 19.12 and are competent to safely use such radiation sources and services. (ii) For non-human use radioactive materials installations, the radiation safety officer specified in 24 RCNY Health Code § 175.102(c)(1)(i)(A) must be: (A) a physicist certified by the American Board of Health Physics, the American Board of Radiology or the American Board of Medical Physics in a branch of physics related to the type and use of radioactive material in the installation; or (B) a person with equivalent training and experience as determined by the Department; or (C) an authorized user named on the radioactive materials license issued by the Department. (2) Individual monitoring. (i) In addition to the criteria in 10 C.F.R. § 20.1502(a)(2),(3), each licensee must monitor occupational exposure for minors and declared pregnant women likely to receive, in 1 year from sources external to the body, a deep dose equivalent in excess of 10 percent of any of the applicable limits in 10 C.F.R. §§ 20.1201 or 20.1208. (ii) A person supplying personnel monitoring devices to individuals pursuant to 10 C.F.R. § 20.1502 must ensure that the individuals wear such devices as follows: (A) An individual monitoring device used for monitoring the dose to the whole body must be worn at the unshielded location of the whole body likely to receive the highest exposure, except when monitoring is performed in accordance with 24 RCNY Health Code § 175.17(b)(4). (B) An individual monitoring device used for monitoring the dose to an embryo/fetus of a declared pregnant worker pursuant to 10 C.F.R. § 20.1208 must be located at the waist under any protective garment worn by the declared pregnant worker. (C) An individual monitoring device used for monitoring the lens dose equivalent must be located at the neck outside any protective garment worn by the individual, or at an unshielded location closer to the eye. (D) An individual monitoring device used for monitoring the dose to the extremities must be worn on the extremity likely to receive the highest exposure. The device must be oriented to measure the highest dose to the extremity being monitored. (iii) The licensee must ensure that adequate precautions are taken to prevent a deceptive exposure of an individual monitoring device, and no licensee must remove an exposure from an individual's exposure record without prior authorization from the Department. The licensee must submit the dosimeter for processing with due diligence and in no event in excess of the time period specified by the manufacturer of the dosimeter. (3) Respiratory protection. (i) If the licensee uses respiratory protection equipment to limit intakes pursuant to 10 C.F.R. §§ 20.1701 through 20.1705, the licensee must issue a written policy statement on respirator usage covering: (A) the routine, non-routine, and emergency use of respirators; and (B) limitations on periods of respirator use and relief from respirator use; and (C) the use of process or other engineering controls, instead of respirators. (ii) For a licensee to make allowance for respiratory equipment when estimating the exposure of individuals to airborne radioactive material, the following additional condition applies: the licensee selects respiratory protection equipment that provides a protection factor, specified in 10 C.F.R. Part 20 Appendix A, greater than the multiple by which peak concentrations of airborne radioactive materials in the working area are expected to exceed the values specified in Table 1, Column 3 of 10 C.F.R. Part 20 Appendix A. However, if the selection of respiratory protection equipment with a protection factor greater than this multiple of peak concentration is inconsistent with the goal specified in 10 C.F.R. § 20.1702 of keeping the total effective dose equivalent ALARA, the licensee may select respiratory protection equipment with a lower protection factor provided that such a selection would result in a total effective dose equivalent that is ALARA. In estimating the dose to individuals from intake of airborne radioactive materials, the concentration of radioactive material in the air that is inhaled when respirators are worn is initially assumed to be the ambient concentration in air without respiratory protection, divided by the assigned protection factor. If the dose is later found to be greater than the initially estimated dose, the corrected value must be used. If the dose is later found to be less than the initially estimated dose, the corrected value may be used. (4) Requirements for possession of sealed sources. (i) The licensee in possession of any sealed source must follow the radiation safety and leak testing requirements specified in 10 C.F.R. § 35.67. (ii) Reports of test results for leaking or contaminated sealed sources must be made pursuant to 10 C.F.R. § 35.3067. (iii) A licensee authorized for medical use in possession of a licensed sealed source or brachytherapy source must survey with a radiation survey instrument at intervals not to exceed 3 months all areas where such sources are stored. This shall not apply to sources in teletherapy units or gamma stereotactic radiosurgery units or to sealed sources in diagnostic devices. (5) Radioactive material must not be stored with either food or beverages. (6) No person shall bury any licensed radioactive material within New York City. (7) The provisions of 10 C.F.R. § 20.2005 do not authorize the licensed materials described to be disposed of inside the City as if they were not radioactive; however, these materials may be shipped for disposal outside of the City as if they were not radioactive provided that the receiving jurisdiction allows the disposal of such materials as if they were not radioactive. (8) Vacating premises. Each specific licensee must notify the Department in writing of intent to vacate not less than 30 days before vacating or relinquishing possession or control of premises which may have been contaminated with radioactive material as a result of licensed activities. When deemed necessary by the Department, the licensee must decontaminate the premises to such levels as the Department may specify. (9) Recordkeeping requirements for receipt, use, and disposition of radioactive material. (i) Each licensee must maintain records of the receipt, use, and disposition of radioactive material in units of becquerels or microcuries and must include from whom such materials were received and the ultimate disposition. (ii) The licensee must retain these records for 3 years after the record is made. (10) The Department may order the removal, through an authorized person, or the surrender to the Department, of any radiation source by any person who: (i) does not hold, or continue to hold, a valid license issued by the Department; or (ii) is not able or equipped, or who fails to observe with regard to such radiation source, those radiation protection standards established or enforced by the Department or who uses such radiation source in violation of law, regulation, this Article, order or license issued by the Department. Such person must decontaminate any premises which may have been contaminated with radioactive material as a result of any such activities to such radiation levels as the Department may specify. The expenses incidental to such transfer, surrender, and decontamination must be borne by such person responsible for the source. (11) In determining the extent of any individual's exposure to radiation subsequent to any radiation accident, contamination, theft or loss, the licensee must comply with all orders of the Department directing such licensee to make available to such individual appropriate medical evaluation services or appropriate tests and to furnish a copy of the reports of such evaluation or test to the Department. (12) A licensee or applicant for a license must obtain any permits required by the New York State Department of Environmental Conservation pursuant to 6 NYCRR Part 380, or any successor law or regulation, and must develop, document, and implement a discharge minimization program required by the New York State Department of Environmental Conservation pursuant to 6 NYCRR § 380-7, or any successor law or regulation. (Added City Record 4/24/2019, eff. 5/24/2019)