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An Overview of California’s Radioactive Licensing Program: A Practical Approach

Presented by: William Chi , Esq. An Overview of California’s Radioactive Licensing Program: A Practical Approach. RHB’s Mission and Laws Enforced

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An Overview of California’s Radioactive Licensing Program: A Practical Approach

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  1. Presented by: William Chi, Esq. An Overview of California’s Radioactive Licensing Program: A Practical Approach

  2. RHB’s Mission and Laws Enforced The Radiologic Health Branch (RHB) is within the Food, Drug, and Radiation Safety Division of the Department of Public Health. The Branch enforces the laws and regulations indicated below designed to protect the public, radiation workers, and the environment. RHB is responsible for providing public health functions associated with administering a radiation control program. This includes licensing of radioactive materials, registration of X-ray-producing machines, certification of medical and industrial X-ray and radioactive material users, inspection of facilities using radiation, investigation of radiation incidents, and surveillance of radioactive contamination in the environment.

  3. Laws and Authorities RHB administers and enforces the following laws and implementing regulations: Radiation Control Law (Health & Safety Code Sec. 114960 et seq.) Radiologic Technology Act (Health & Safety Code Sec. 27(f).) Nuclear Medicine Technology Certification (Health & Safety Code Secs. 107150 through 107175.) Regulations implementing the above laws are in Title 17, California Code of Regulations, Division 1, Chapter 5, Subchapters 4.0, 4.5, & 4.6.

  4. Radioactive Materials Licensing The Radiologic Health Branch licenses users of radioactive material and registers persons possessing generally licensed devices containing radioactive materials. For instance, radioactive materials are used by: 1. Universities and laboratories to conduct scientific research. 2. Medical and veterinary hospitals and clinics to diagnose and treat human beings and animals. 3. Nuclear pharmacies that manufacture and distribute radiopharmaceuticals, blood banks to sterilize blood. 4. Companies that provide services, such as sterilization of medical supplies, facility decontamination, and waste processing. 5. Gauge operators to determine properties of materials, such as moisture, density, thickness, level, and lead content. 6. Well loggers to conduct oil drilling operations and industrial radiographers to determine construction integrity.

  5. Radiologic and Nuclear Medicine Technology Under the Radiologic Technology Act, the Radiologic Health Branch (RHB): 1. Certifies physicians, chiropractors, podiatrists, technologists, and permits technicians who use X-ray machines and radioactive materials on human beings, approves radiologic technology schools, and annually administers exams to physicians, technologists, and technicians for X-ray certification. 2. Approves X-ray schools in the following areas: Diagnostic Radiologic Technology (RT), Therapeutic RT, Fluoroscopic RT, and Limited Permit X-ray Technician Schools.  3. Administers the meetings of the Radiologic Technology Certification Committee (RTCC). Under the laws pertaining to Nuclear Medicine Technology, RHB: Certifies individuals to use and administer radiopharmaceuticals for medical and therapeutic purposes.

  6. RHB-Regulations 1.  Regulations regarding the possession and use of radioactive materials and X-ray machines are located on the California Code of Regulations Website under: TITLE 17, Public Health, Division 1, Chapter 5, Sanitation (Environmental), Subchapter 4, Radiation (commencing at section 30100) Title 10, Code of Federal Regulations, part 20, (10 CFR 20) sections 20.1001 through 20.2402 and Appendices A through G, (January 1, 2005) are incorporated by reference.  Refer to Title 17, California Code of Regulations, Section 30253 for exceptions to 10 CFR 20. 2.  Regulations regarding certificates, permits, and approval for the education, performance, and practice of radiology and radiologic technology in California are located on the California Code of Regulations Website under: TITLE 17, Public Health, Division 1, Chapter 5, Sanitation (Environmental),             Subchapter 4.5, Radiologic Technology (commencing at section 30400) 3.  Regulations regarding certificates for performing nuclear medicine technology are located on the California Code of Regulations Website under: TITLE 17, Public Health, Division 1, Chapter 5, Sanitation (Environmental),                Subchapter 4.6, Nuclear Medicine Technology (commencing at section 30500)

  7. LAWS: The regulations were developed to implement, interpret and specify the law. The laws authorizing these regulations can be found in the California Health and Safety Code. For the Radiation Control Law see California Health and Safety Code sections 114960 et seq.  For the Radiologic Technology Act see California Health and Safety Code sections 106965 – 107111, & 114840 – 114896. For laws pertaining to nuclear medicine technology see California Health and Safety Code sections 107150 – 107175.

  8. Radiologic Technology Certification Committee The Radiologic Technology Certification Committee (RTCC) assists, advises, and makes recommendations for the establishment of regulations necessary to insure the proper administration and enforcement of the Radiologic Technology Act. RTCC members are appointed by the CDPH Director and is composed of: Six physicians and surgeons licensed to practice medicine in this state, three of whom shall be certified in radiology by the American Board of Radiology.  At least one of the radiologists shall be representative of the hospital practice of radiology. Two persons with at least five years' experience in the practice of radiologic technology.  At least one of these persons shall be representative of the hospital practice of radiologic technology.   One radiological physicist, qualified in the use of physics in the practice of medicine. One podiatrist licensed to practice podiatry in this state. One chiropractic practitioner licensed to practice chiropractic in this state.

  9. Major Areas of Current Interest a). Transfer of U.S Military Bases Back to State Control 1. Federalism Concept 2. What Legal Standard to Use 3. Cooperation with Other Federal, County, City 4. Why Does Federal and County interest differ

  10. The Renegade Director- A Practical Problem Encountered What Would You Do if You were the Attorney???

  11. Q問題探討: • 在以上的案例中, 律師的職責為何? 誰是這位律師的客人? • 你認為這個部門所簽署的合約中補償了大學的這個條文是否有效? • 假如這個部門必須要對這所大學提供補償的話, 那麼部門當中是否應該向前任的部長要求某些程度上的賠償? • 在發照部門中, 你認為有哪些的限制或規範需要被注意? • 你是否同意這位新進律師在電子郵件當中的分析? 假使你同意, 理由為何? 假使不同意, 你有何建議? • 你是否認同你與這位新進律師都不應該在繼續參與任何有關於切結書的討論? • 你是否有其他的建議要提供給部長?

  12. THE END

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