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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 289RADIATION CONTROL
SUBCHAPTER FLICENSE REGULATIONS
RULE §289.256Medical and Veterinary Use of Radioactive Material

  (1) a physician who is certified by a medical specialty board whose certification process has been recognized by the department, the NRC, or an agreement state and who meets the requirements of paragraph (3) of this subsection. The names of board certifications that have been recognized by the department, the NRC, or an agreement state are posted on the NRC's Medical Uses Licensee Toolkit web page. To have its certification recognized, a specialty board shall require all candidates for certification to:

    (A) successfully complete a minimum of three years of residency training in a radiation therapy program approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, or the Committee on Post-Graduate Training of the American Osteopathic Association; and

    (B) pass an examination, administered by diplomates of the specialty board, that assesses knowledge and competence in radiation safety, radionuclide handling, treatment planning, quality assurance, and clinical use of stereotactic radiosurgery, remote afterloaders and external beam therapy; or

  (2) the physician must meet the following requirements:

    (A) has completed a structured educational program in basic radionuclide handling techniques applicable to the use of a sealed source in a therapeutic medical unit including the following:

      (i) 200 hours of classroom and laboratory training in the following areas:

        (I) radiation physics and instrumentation;

        (II) radiation protection;

        (III) mathematics pertaining to the use and measurement of radioactivity; and

        (IV) radiation biology; and

      (ii) 500 hours of work experience, under the supervision of an authorized user who meets the requirements of subsection (l) of this section, this subsection, or equivalent NRC or agreement state requirements at a medical facility that is authorized to use radioactive material in subsection (ddd) of this section involving the following:

        (I) reviewing full calibration measurements and periodic spot checks;

        (II) preparing treatment plans and calculating treatment times;

        (III) using administrative controls to prevent a medical event involving the use of radioactive material;

        (IV) implementing emergency procedures to be followed in the event of the abnormal operation of a medical unit or console;

        (V) checking and using survey meters; and

        (VI) selecting the proper dose and how it is to be administered; and

      (iii) completion of three years of supervised clinical experience in radiation therapy, under an authorized user who meets the requirements of subsection (l) of this section, this subsection, or equivalent NRC or agreement state requirements, as part of a formal training program approved by the Residency Review Committee for Radiation Oncology of the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, or the Committee on Postdoctoral Training of the American Osteopathic Association. This experience may be obtained concurrently with the supervised work experience required by clause (ii) of this subparagraph; and

    (B) has obtained written attestation that the individual has satisfactorily completed the requirements of paragraphs (2)(A) and (3) of this subsection, and is able to independently fulfill the radiation safety-related duties as an authorized user of each type of therapeutic medical unit for which the individual is requesting authorized user status. The attestation must be obtained from either:

      (i) a preceptor authorized user who meets the requirements in subsection (l) of this section, this subsection, or equivalent NRC or agreement state requirements for the type(s) of therapeutic medical unit for which the individual is requesting authorized user status; or

      (ii) a residency program director who affirms in writing that the attestation represents the consensus of the residency program faculty where at least one faculty member is an authorized user who meets the requirements in subsection (l) of this section, this subsection, or equivalent NRC or agreement state requirements, for the type(s) of therapeutic medical unit for which the individual is requesting authorized user status, and concurs with the attestation provided by the residency program director. The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in subparagraph (A) of this paragraph; and

  (3) the physician has received training in device operation, safety procedures, and clinical use for the type(s) of use for which authorization is sought. This training requirement may be satisfied by satisfactory completion of a training program provided by the vendor for new users or by receiving training supervised by an authorized user or authorized medical physicist, as appropriate, who is authorized for the type(s) of use for which the individual is seeking authorization.

(uuu) Report and notification of a medical event.

  (1) The licensee shall report any event as a medical event, except for an event that results from patient intervention, in which the administration of radioactive material, or radiation from radioactive material, except permanent implant brachytherapy, results in the following:

    (A) a dose that differs from the prescribed dose or dose that would have resulted from the prescribed dosage by more than 5 rem (0.05 Sievert (Sv)) effective dose equivalent, 50 rem (0.5 Sv) to an organ or tissue, or 50 rem (0.5 Sv) shallow dose equivalent to the skin; and

      (i) the total dose delivered differs from the prescribed dose by 20 percent or more;

      (ii) the total dosage delivered differs from the prescribed dosage by 20 percent or more or falls outside the prescribed dosage range; or

      (iii) the fractionated dose delivered differs from the prescribed dose, for a single fraction, by 50 percent or more;

    (B) a dose that exceeds 5 rem (0.05 Sv) effective dose equivalent, 50 rem (0.5 Sv) to an organ or tissue, or 50 rem (0.5 Sv) shallow dose equivalent to the skin from any of the following:

      (i) an administration of a wrong radioactive drug containing radioactive material or the wrong radionuclide for a brachytherapy procedure;

      (ii) an administration of a radioactive drug containing radioactive material by the wrong route of administration;

      (iii) an administration of a dose or dosage to the wrong individual or human research subject;

      (iv) an administration of a dose or dosage delivered by the wrong mode of treatment; or

      (v) a leaking sealed source; or

    (C) a dose to the skin or an organ or tissue other than the treatment site that exceeds by

      (i) 50 rem (0.5 Sv) or more the expected dose to that site from the procedure if the administration had been given in accordance with the written directive prepared or revised before administration; and

      (ii) 50 percent or more of the expected dose to that site from the procedure if the administration had been given in accordance with the written directive prepared or revised before administration.

  (2) For permanent implant brachytherapy, the licensee shall report the administration of radioactive material or radiation from radioactive material (excluding sources that were implanted in the correct site but migrated outside the treatment site) that results in:

    (A) the total source strength administered differing by 20 percent or more from the total source strength documented in the post-implantation portion of the written directive;

    (B) the total source strength administered outside of the treatment site exceeding 20 percent of the total source strength documented in the post-implantation portion of the written directive; or

    (C) an administration that includes any of the following:

      (i) the wrong radionuclide;

      (ii) the wrong individual or human research subject;

      (iii) sealed source(s) implanted directly into a location discontiguous from the treatment site, as documented in the post-implantation portion of the written directive; or

      (iv) a leaking sealed source resulting in a dose that exceeds 50 rem (0.5 Sv) to an organ or tissue.

  (3) The licensee shall report any event resulting from patient intervention in which the administration of radioactive material, or radiation from radioactive material, results or will result in an unintended permanent functional damage to an organ or a physiological system, as determined by a physician.

Cont'd...

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