N.Y. Comp. Codes R. & Regs. tit. 10 § 16.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 16.5 - Responsibility for radiation safety

No person shall operate or permit the operation of a radiation installation nor shall the person operate, transfer, receive, possess or use or permit the operation, transfer, receipt, possession or use of any radiation source unless that person:

(a) achieves occupational doses and doses to members of the public as low as is reasonably achievable (ALARA). Such effort shall include, to the extent practicable, the use of procedures and engineering controls which are based on sound radiation protection principles;

(b) develops, documents and implements a radiation protection program commensurate with the scope and extent of the radiation activities engaged in by the radiation installation. This program shall be designed to ensure compliance with the provisions of this Part;

(c) provides a radiation safety officer as described in section 16.2(a)(99) of this Part. The radiation safety officer shall be delegated authority to ensure the implementation of this radiation protection program and shall be responsible for the day-to-day conduct of the program. For licensed radioactive materials installations either the radiation safety officer, or an authorized user designated to act in his/her absence, shall be present on the premises at least 50 percent of the time that radioactive material is being handled or equipment containing radiation sources is being operated;

(d) provides for a radiation safety committee to administer the radiation protection program in hospitals and institutions of higher education. The committee shall 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 shall approve all uses of radiation-producing equipment and radioactive materials within the facility, shall review the activities of the radiation safety officer, and shall review the radiation protection program at least annually. The committee, or a subcommittee, shall also oversee the administration of a quality assurance program, as required by subdivision (e) of this section;

(e) provides a quality assurance program for diagnostic and therapeutic uses of radiation producing equipment and radioactive materials pursuant to section 16.23 and other applicable sections of this Part;

(f) ensures that all personnel involved in planning for or administering radiation doses to humans, or in the use of radiation-producing equipment or radioactive materials for other purposes, are supervised, and are instructed, as described in section 16.13(c) of this Part, and competent to safely use such radiation equipment or other radiation sources and services;

(g) ensures that radiation equipment is used only for those procedures for which it is designed; and

(h) ensures that acceptance testing of all medical and chiropractic diagnostic equipment, and treatment and planning equipment for radiation therapy, is performed before first use of such equipment on humans by an individual competent to perform such testing.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 16.5