16.15 Reports. (a) Reports to the department and health officer having jurisdiction. Each person who possesses any radiation source shall report immediately by telephone to the health officer having jurisdiction: (1) any theft or loss of such radiation source; (2) any incident involving such radiation source which may have caused or threatens to cause any individual to receive a dose that exceeds the limit permitted by this Part or any applicable license; or (3) any level of radiation from, or release of a concentration of, radioactive material in any uncontrolled area that exceeds 10 times the limit permitted by this Part or any applicable license. Such reporting shall not relieve such person of the responsibility for instituting and performing such corrective and preventive measures as are necessary to reduce the hazards. Upon request of the department, a written report shall be filed containing such information as may be requested. (b) Reports to individuals. (1) Each person who possesses any radiation source shall furnish any individual formerly employed with such person and requesting same, a written report of such individual's dose and exposure to concentrations as shown on such person's records required by paragraphs (3) and (4) of subdivision (a) of section 16.14. Such report: (i) shall be furnished within 30 days subsequent to the receipt by such person of such request; provided, however, that such request includes appropriate and sufficient identifying data, such as social security number, and dates and locations of employment; (ii) shall cover each 13 week period of such individual's employment with such person involving any dose; and (iii) shall contain the results of any calculations and analyses of radioactive material deposited in such individual's body, including any bio-assay or other medical evaluation services of which records are required by paragraph (4) of subdivision (a) of section 16.14. (2) In any case in which any person is required by subdivision (a) of this section, to report any dose received by any such individual, such person shall also report in writing to such individual the nature and extent of such dose. (3) Each person who possesses any radiation source shall furnish annually to any individual employed with such person and requesting same, a written report of such individual's dose as shown in the records required by paragraph (3) of subdivision (a) of section 16.14; and (4) Each report furnished pursuant to this subdivision shall contain the following statement: "This report is furnished to you under Chapter XVI, New York State Historical Note Sec. repealed, new added, filed July 16, 1962 to be eff. Oct. 15, 1962. Former sec. related to radiation instruments. Subd. (b), par. (1), subpar. (iii) amd., filed Oct. 10, 1962 to be eff. Oct. 15, 1962. Substituted "paragraph (4)" for "paragraph (3)" 16.16 Inspections; tests. Each person who possesses any radiation source: (a) shall afford the department and health officer having jurisdiction opportunity to inspect at all reasonable times: (1) the radiation source and the installation, institution, establishment, premises or facilities at which such source is located, possessed, stored or used; and (2) each record required to be maintained by this Part; and (b) shall conduct, or permit the department or health officer having jurisdiction to conduct, such tests as such department may require, including, but not limited to, tests of: (1) any radiation source and the installation, institution, establishment. premises or facilities at which such radiation source is located, possessed, stored or used; and (2) the personnel monitoring equipment referred to in section 16.11, and any other equipment, instrument or devices used in connection with the location. possession, storage or use of such radiation source. Historical Note Sec. repealed, new added, filed July 16, 1962 to be eff. Oct. 15, 1962. Former sec. related to disposal of radioactive wastes. 16.17 Transportation. (a) No person shall transport, package for transport. or cause to be transported any radioactive material within this State unless: (1) such transport conforms to those regulations of the United States Atomic Energy Commission, the Interstate Commerce Commission, the Civil Aeronautics Board, United States Post Office Department or the United States Coast Guard with respect to packaging, labeling, and transport, which would be applicable if such transport were interstate; or (2) such transport complies with such requirements as have been approved by the commissioner. (b) Transport of radioactive material is exempt from the requirements set forth in subdivision (a) of this section provided that all of the following conditions are satisfied: (1) the package must be such that there can be no leakage of radioactive material under conditions normally incident to transportation, and (2) the package must contain not more than 0.1 millicurie of radium, or polonium, or that amount of Strontium 89, Strontium 90, or Barium 140 which disintegrates at a rate of more than five million atoms per second11 or that amount of any other radioactive substance which disintegrates at a rate of more than 50 million atoms per second;11 (3) the package must be such that no significant alpha, beta, or neutron radiation is emitted from the exterior of the package and the gamma radiation at any surface of the package must be less than 10 milliroentgens for 24 hours. Historical Note Sec. added, filed July 16, 1962 to be eff. The 16.18 Additional requirements; surrender of radioactive material. (a) department may, by rule, regulation or order, impose upon any person possessing a radiation source such requirements, in addition to those set forth in this Part, as it deems appropriate or necessary to protect the public health and safety and to minimize danger to life and property from radiation hazards.12 (b) The department may by order require the surrender to the department of any radioactive material by any person who is not able or equipped, or who fails, to observe with regard to such radioactive material such radiation protection standards as are established by the department, or who uses such radioactive material in 11 That amount of material which disintegrates at the rate of five million atoms per second is 0.135 millicurie; that which disintegrates at the rate of 50 million atoms per second is 1.35 millicuries. 1 In evaluating the necessity for additional requirements the department will consider among other things the reports of the Federal Radiation Council and the recommendations of the National Committee on Radiation Protection and Measurements. 146.15 H 7-27-62 violation of law or this Part or order of the department, or, in the case of a licensee, in a manner other than as set forth in the application for a license therefor or as approved by the department. The expenses incidental to such surrender shall be borne by the licensee or other person responsible for the source. Historical Note Sec. added, filled July 16, 1962 to be eff. (a) 16.19 Limitations on application of radiation to humans. No person shall apply radiation to a human being unless such person is licensed or otherwise authorized to practice medicine, dentistry, podiatry or osteopathy under the provisions of the Education Law of the State of New York. Radiation shall be applied by a licensed or otherwise authorized person to only those parts of the human body specifiled in the law under which such person is licensed or authorized to diagnose and treat. (b) This section shall not prohibit the use of radiation by a technician, nurse or other person, if such use is directed or ordered by a person licensed or authorized to practice medicine, dentistry, podiatry or osteopathy under the provisions of the Education Law of the State of New York. (c) The sale, lease, transfer or loan of X-ray or fluoroscopic equipment or the supplies appertaining thereto, except to persons engaged in an occupation where such use is permitted and except to hospitals, infirmaries, and medical and dental schools, institutions and clinics, is prohibited. However, this restriction shall not apply to persons intending to use such equipment and supplies solely for the application of radiation to other human beings, nor to the acquisition of such equipment or supplies by wholesalers, distributors or retailers in the regular course of their trade or business. Historical Note Sec. added, filed July 16, 1962 to be eff. 16.20 Hearings (a) On disapproval of applications. If the department disapproves any application filed pursuant to section 16.103, and the applicant files with the department within 30 days after receipt of notice of such disapproval, a written petition: (1) asserting that such disapproval was, and the respect in which it was, improper, and (2) requesting a hearing, the department shall order and conduct a hearing on the issues raised in such petition. Such person shall be given, by written notice delivered to such person personally or by registered mail at least 20 days prior to such hearing, the opportunity to be present and heard at such hearing. (b) On amendment, suspension or revocation of licenses; imposition of additional requirements; surrender of radioactive material. Except in any case of willfulness or in which the public health or safety requires otherwise, the department shall not amend, suspend or revoke any license pursuant to subdivision (b) of section 16.105 or section 16.108, or impose additional requirements on the possessor of a radiation source or require the surrender of radioactive material pursuant to section 16.18, unless the prior consent of the licensee or person involved has first been obtained, without first: (1) notifying in writing such licensee or person of the facts or conduct which may warrant such amendment, suspension, revocation, additional requirement or surrender, and giving such licensee or person a reasonable opportunity to demonstrate or achieve compliance with all lawful requirements; and 146.16 H 7-27-62 (2) if such licensee or person files with the department within 30 days after such notice, a written petition: (i) asserting that such amendment, suspension, revocation, additional requirement, or surrender would be, and the respects in which it would be, improper; and (ii) requesting a hearing; having ordered and conducted a hearing on the issues raised in such petition. Such licensee or person shall be given, by written notice delivered to such licensee or person personally or by registered mail at least 20 days prior to such hearing, the opportunity to be present and heard at such hearing. Sec. repealed, filed July 16, 1952 to be eff. RADIATION EQUIPMENT AND REGISTRATION OF SOURCES istration and transfer notification provisions 16.50 Registration of certain radiation sources; notification of transfer of X-ray equipment or fluoroscopic equipment or certain radioactive materials. (a) The operator of any installation at which is to be stored, operated or used any radiation source other than agreement material shall register such installation with the health officer having jurisdiction prior to receipt of such radiation source on a written form prescribed by the department.13 13 Radiation sources exempted from the requirements of this Part under section 16.4 are, of course, exempt from the registration requirement. 146.17 H 10-18-62 (b) A central committee (such as an isotopes committee) having supervision for radiological safety over two or more radiation installations may register such installation in lieu of registration by the individual operator. (c) Registration shall not be required for radioactive material that does not exceed the quantity thereof set forth in Table 2 [see Appendix 1]; provided, however, that no person shall at any one time transfer, receive, possess or use more than a total of 10 such quantities and that no person shall by any method combine, increase or cause any combination or increase in the radioactivity of any such quantity or apply any such quantity to any food, beverage, cosmetic, drug or other product designed for ingestion or inhalation by or application to any individual.14 (d) When a change occurs in an installation so that the information registered with the department is no longer accurate. the operator shall notify the health officer having jurisdiction of such change within 48 hours. (e) Registration shall not imply approval by the department of manufacture, storage, use, handling or operation but shall serve merely to notify the health officer having jurisdiction of the location and character of radiation sources. (f) The distributor, retailer or other agent who sells, leases, transfers or loans X-ray or fluoroscopic equipment shall notify the department, at yearly intervals of the names and addresses of operators who have received such equipment, on a form prescribed by the department. (g) The distributor, retailer or other agent who sells, leases, transfers or lends radioactive materials shall notify the department at yearly intervals of the names and addresses of operators who have received radioactive material. other than agreement material, in excess of one millicurie. Historical Note Sec. added, filed July 16, 1962 to be eff. Oct. 15, 1962. Fn. 14 amd., filed Oct. 10. 1962 to be eff. Oct. 15, 1962. Substituted "16.19" for "16.17". 16.51 General requirements for radiation equipment. All radiation equipment shall meet any applicable specific provision of the sections under the heading "Radiation Equipment and Registration of Sources" (§ 16.50 et seq.), and all possession or use thereof shall comply with the requirements of sections under the heading "General Provisions" (§ 16.1 et seq.) and any other requirement imposed by the department. If any radiation equipment is not intended to be used, it must be dismantled or otherwise made inoperable or sealed with an official New York State Health Department seal. Operators whose radiation equipment is sealed shall be responsible that the seal is not removed without authorization. Historical Note Sec. added, filed July 16, 1962 to be eff. 16.52 Electrical hazards. (a) All X-ray equipment except equipment used solely in research and development installed in a radiation installation after September 1, 1955. shall, where applicable, bear the seal of approval of the Underwriters' Laboratories, Inc., or shall be required to meet an equivalent safety standard. All equipment installed prior to September 1, 1955, if not bearing such seal, shall be altered to comply with the pertinent requirements of the standard of the National Board of Fire Underwriters' (The National Electrical Code). (b) Existing equipment employing uninsulated or bare overhead conductors moved to a new location or registered as a new installation under section 16.2 of this Part shall be certified as being free of electrical hazards. (c) Certification by a duly constituted local authority that the installation is free of electrical hazards shall be acceptable. 14 The possession and use of radioactive material exempted from the registration requirements by this section are subject to the requirements of sections 16.6 through 16.19 under the heading "General Provisions" of this Part. 146.18 H 10-18-62 |