New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.5 - Responsibility for radiation safety

Current through Register Vol. 46, No. 28, July 10, 2024
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.