95-1817. Medical Administration of Radiation and Radioactive Materials  

  • [Federal Register Volume 60, Number 16 (Wednesday, January 25, 1995)]
    [Proposed Rules]
    [Pages 4872-4877]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-1817]
    
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    10 CFR Parts 20 and 35
    
    RIN 3150-AF10
    
    
    Medical Administration of Radiation and Radioactive Materials
    
    AGENCY: Nuclear Regulatory Commission.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Nuclear Regulatory Commission is proposing to amend its 
    regulations to clarify that the medical [[Page 4873]] administration of 
    radiation or radioactive materials to any individual, even an 
    individual not supposed to receive a medical administration, is 
    regulated by the NRC's provisions governing the medical use of 
    byproduct material rather than the dose limits in the NRC's regulations 
    concerning standards for protection against radiation. The proposed 
    rule does not represent a change in policy, but is necessary to 
    indicate clearly that this is the NRC's policy and to clarify the 
    relationship of NRC's regulations.
    
    DATES: The comment period expires April 10, 1995. Comments received 
    after this date will be considered if it is practicable to do so, but 
    the Commission is able to assure consideration only for comments 
    received on or before this date.
    
    ADDRESSES: Send comments to: Secretary, U.S. Nuclear Regulatory 
    Commission, Washington, DC 20555. ATTN: Docketing and Service Branch.
        Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
    between 7:45 am and 4:15 pm on Federal workdays.
        Examine comments received at: The NRC Public Document Room, 2120 L 
    Street NW. (Lower Level), Washington, DC.
    
    FOR FURTHER INFORMATION CONTACT: Stephen A. McGuire, Office of Nuclear 
    Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
    20555, telephone (301) 415-6204.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background.
    II. Summary of the Proposed Changes.
    III. Request for Comment on Notification.
    IV. Consistency With the 1979 Medical Policy Statement and 
    Coordination With ACMUI.
    V. Coordination With and Issue of Compatibility With Agreement 
    States.
    VI. Finding of No Significant Environmental Impact: Availability.
    VII. Paperwork Reduction Act Statement.
    VIII. Regulatory Analysis.
    IX. Regulatory Flexibility Certification.
    X. Backfit Analysis.
    
    I. Background
    
        Radioactive materials are administered in the practice of medicine 
    to roughly 8 to 9 million patients per year for the diagnosis or 
    treatment of disease. Occasionally, a radioactive material is 
    administered by mistake to an individual for whom it is not intended. 
    For the years 1989 and 1990 combined, the NRC is aware of about 200 
    cases out of 5 to 6 million administrations performed under NRC license 
    in which a diagnostic radiopharmaceutical was administered to the wrong 
    individual.
        The misadministration of radiopharmaceuticals is dealt with in NRC 
    regulations in 10 CFR part 35, ``Medical Use of Byproduct Material.'' 
    As defined in Sec. 35.2, misadministrations include administrations of 
    licensed radioactive material or the radiation therefrom to the wrong 
    individual, using the wrong radiopharmaceutical, in the wrong amount, 
    by the wrong route, or to the wrong treatment site. This proposed rule 
    only concerns administrations to the wrong individual.
        An administration to the wrong individual is a misadministration, 
    as defined in Sec. 35.2, if it involves: (1) A radiopharmaceutical 
    dosage greater than 30 microcuries of either sodium iodide I-125 or I-
    131; (2) any therapeutic administration other than sodium iodide I-125 
    or I-131; (3) any gamma stereotactic radiosurgery radiation dose; (4) 
    any teletherapy dose; (5) any brachytherapy radiation dose; or (6) a 
    diagnostic radiopharmaceutical dosage, other than quantities greater 
    than 30 microcuries of either sodium iodide I-125 or I-131, when the 
    dose to the individual exceeds 5 rems effective dose equivalent or 50 
    rems dose equivalent to any individual organ. The practical effect of 
    this definition of a misadministration is that some relatively low dose 
    diagnostic administrations of radiopharmaceuticals to individuals for 
    whom they were not intended are not misadministrations as defined in 
    Sec. 35.2.
        If a misadministration occurs, Sec. 35.33 requires that the NRC, 
    the referring physician, and the individual receiving the 
    administration (or a responsible relative or guardian) be informed of 
    the misadministration (unless the referring physician makes a decision 
    based on medical judgement that telling the individual or responsible 
    relative or guardian would be harmful.) If the dose from a diagnostic 
    administration to the wrong individual does not exceed the threshold 
    for a misadministration, the administration is not a misadministration 
    as defined in Sec. 35.2, and part 35 does not require notification of 
    the NRC or the individual.
        Separate from the requirements for misadministrations, 
    Sec. 20.1301(a)(1) contains a dose limit for members of the public of 
    0.1 rem (1 millisievert). However, the scope of part 20 in Sec. 20.1002 
    states that, ``The limits in this Part do not apply to doses due * * * 
    to exposure of patients to radiation for the purpose of medical 
    diagnosis or therapy. * * *''
        A question arose about the applicability of those words in a 
    specific case in which an individual mistakenly received an 
    administration of a diagnostic radiopharmaceutical because of an error 
    on the part of the physician requesting the test. In that particular 
    case the dose to the individual receiving the administration was below 
    the threshold for reporting of the misadministration, but above the 0.1 
    rem (1 millisievert) dose limit in Sec. 20.1301(a)(1) for a member of 
    the public. Was there a violation of Sec. 20.1301(a)(1) or do the words 
    in the scope of part 20 exclude this event from being subject to the 
    dose limits in part 20? In other words, does the exclusion from the 
    part 20 dose limits exclude any medical administration to any 
    individual, even an individual not supposed to receive an 
    administration?
        The Commission concludes that, in general, the administration of 
    radiopharmaceuticals should be regulated by part 35 rather than part 
    20. The medical administration of radioactive materials is a very 
    special use of radioactive materials that is best dealt with by 
    specific regulations covering those administrations. In particular, the 
    Commission believes that an administration to any individual is and 
    should be subject to the regulations in part 35. This was the 
    Commission's intent when the current misadministration requirements 
    were adopted in the final rule, ``Quality Management Programs and 
    Misadministrations,'' (July 25, 1991; 56 FR 34104) and continues to be 
    the Commission's intent.
        In establishing which errors in administration should be under the 
    misadministration reporting requirements, the NRC sought to optimize 
    the cost effectiveness of the rule by concentrating its regulatory 
    requirements on those events with the greatest risk and placing fewer 
    requirements on those with relatively low risk, such as most diagnostic 
    uses of radiopharmaceuticals. In the final rule on ``Quality Management 
    Programs and Misadministrations'' (July 25, 1991; 56 FR 34104), the 
    Commission stated that the proposed requirements that would have had 
    minimal impact on risk were eliminated to make the final rule more cost 
    effective (e.g., deleting the diagnostic components of the proposed 
    rule).
        In reaching its conclusion, the Commission recognized that in the 
    event of administration of radioactive material to the wrong 
    individual, the ability to control the dose to that individual has been 
    lost. One cannot decide to terminate the exposure at a certain point to 
    prevent exceeding a dose limit. Therefore, the relevant questions are: 
    What steps are appropriate to reduce the likelihood of [[Page 4874]] an 
    administration to the wrong individual; what corrective actions should 
    be taken if the mistake occurs; and what regulatory response is 
    appropriate if such a mistake occurs?
        Each of these questions was dealt with in developing the rule on 
    quality management programs and misadministrations. The Commission 
    considered, in the rulemaking on quality management program and 
    misadministrations, what steps should be taken to avoid the 
    administration of radioactive materials to an individual not supposed 
    to receive the administration. Those steps are contained in Sec. 35.32, 
    ``Quality management program.'' In adopting those requirements, the 
    Commission decided to apply the requirements in Sec. 35.32 only to 
    administrations with the potential for relatively high doses and to 
    exclude most diagnostic administrations from the requirements. For 
    those diagnostic administrations not covered by Sec. 35.32, it was 
    considered adequate to rely on the normal and traditional methods and 
    techniques that medical care providers use to ensure that medications 
    are given to the right individual in the right amount at the right 
    time.
        Similarly, the NRC's requirements that licensees take appropriate 
    corrective actions in response to a misadministration are contained in 
    Sec. 35.32. The specific requirements dealing with corrective actions 
    apply to any administration requiring a quality management program.
        With regard to the appropriate regulatory response to mistakes in 
    administrations, the Commission decided that violation of the quality 
    management program requirements, which apply to the more significant 
    administrations, were significant enough that they may result in a 
    civil penalty.
        Thus, in the quality management program and misadministrations 
    rulemaking, the Commission clearly addressed the issue of when the 
    administration of a radioactive material to the wrong individual was 
    sufficiently significant to warrant certain actions. Specific 
    thresholds were established and codified to reflect the Commission's 
    view of a reasonable balance between harm and burden. In particular, 
    the Commission concluded that lower thresholds would not significantly 
    reduce risk and would divert resources that should be directed toward 
    reducing the more serious of those errors. The Commission continues to 
    endorse the judgement that it made in that rulemaking.
    
    II. Summary of the Proposed Changes
    
        To clarify the meaning and intent of part 20, the NRC is proposing 
    to amend the scope of part 20, the definitions of public dose and 
    occupational dose, and the wording in Sec. 20.1301(a)(1) on public dose 
    limit to clarify that the dose limit for individual members of the 
    public does not apply to dose contributions from any medical 
    administration the individual has received. Thus, the medical 
    administration of radioactive materials or radiation to any individual, 
    even an individual not supposed to receive an administration, is not 
    subject to the public dose limit in Sec. 20.1301(a)(1), but is within 
    the scope of part 35.
        The proposed changes in part 20 would replace the word ``patient'' 
    with the word ``individual.'' The word ``patient'' has sometimes been 
    taken to mean only the individual intended to receive the 
    administration. At other times, the view has been that anyone who 
    receives a medical procedure is a ``patient.'' Replacing ``patient'' 
    with ``individual'' would clarify that the statement refers to anyone 
    receiving a medical administration. For consistency, in terminology 
    between parts, the word ``patient'' in the definition of 
    misadministration in Sec. 35.2, ``Definitions,'' and in certain 
    locations in paragraph (a)(2) of Sec. 35.33 would be replaced by the 
    word ``individual.''
        In Sec. 20.1002, the phrase ``for the purpose of medical diagnosis 
    and therapy'' would be replaced by the phrase ``any medical 
    administration the individual has received.'' The existing wording 
    raised the question of whether an administration was within the scope 
    of part 20 if the administration had no valid medical purpose. The 
    proposed wording would make it clear that regardless of the purpose or 
    lack of purpose, dose to an individual from any medical administration 
    the individual has received is not within the scope of part 20, but is 
    within the scope of part 35.
        For the sake of consistency and clarity, the same words would be 
    used in Sec. 20.1002, ``Scope,'' in Sec. 20.1003, ``Definitions,'' (in 
    the definitions of both public dose and occupational dose), and in 
    Sec. 20.1301, ``Dose limits for individual members of the public.'' 
    Also for consistency and clarity, the exclusion of dose from background 
    radiation and from voluntary participation in medical research programs 
    that are now included in Secs. 20.1002 and 20.1003 would be added to 
    Sec. 20.1301(a).
        The existing Sec. 20.1301(a) also excludes dose contributions from 
    the licensee's disposal of radioactive material into sanitary sewerage. 
    That exclusion would not be added to Secs. 20.1002 and 20.1003 because 
    the question of dose from sewer disposal of radioactive material is now 
    under consideration by the NRC. When that issue is resolved, it is 
    intended that the wording concerning dose from sewer disposal will be 
    made consistent in Secs. 20.1002, 20.1003, and 20.1301(a).
        Another recently published proposed rule (June 15, 1994; 59 FR 
    30724), which deals with criteria for the release of individuals 
    administered radioactive material, would also amend Sec. 20.1301(a)(1). 
    When that amendment of Sec. 20.1301(a)(1) is published in final form, 
    the wording on what is excluded from the dose limit will be inserted in 
    Secs. 20.1002 and 20.1003 (in the definitions of public dose and 
    occupational dose) so that the same parallelism will exist throughout.
        In addition, another proposed rule (February 3, 1994; 59 FR 5132) 
    would amend the definitions of public dose and occupational dose in 10 
    CFR part 20. However, that proposed rule would only amend the first 
    sentence in the definitions and would not change the wording associated 
    with what is excluded from public dose. Therefore, this proposed rule 
    and that proposed rule do not conflict.
    
    III. Request for Comment on Notification
    
        Another question related to the administration of radioactive 
    materials to the wrong individual concerns informing the individual of 
    the error. Section 35.33 generally requires notification of the 
    individual in the case of a misadministration. However, if the dose or 
    the amount is less than the misadministration threshold, Sec. 35.33 
    does not require that the individual who received an administration of 
    a radiopharmaceutical by mistake be notified of the error. One 
    fundamental difference in the case in which the wrong individual 
    receives the administration is that, unlike the intended patient, who 
    it may be argued may have been informed that he or she will be exposed 
    to radiation and has thereby implicitly or explicitly consented to the 
    procedure, the wrong individual has generally not consented to any 
    radiation dose at all. The question then becomes, should part 35 
    require that the individual be notified of the error regardless of the 
    dose that would be received?
        The Commission was divided on whether the individual should be 
    notified. The NRC's Advisory Committee on Medical Uses of Isotopes 
    [[Page 4875]] (ACMUI) has assured the NRC that standard medical 
    practice is that a physician who becomes aware that a medical procedure 
    has been performed on the wrong individual should and almost always 
    would notify the individual of the mistake. The current quality 
    management program and misadministrations rule does not require the 
    physician to notify the individual if the dose or amount is below the 
    threshold for a misadministration. The NRC is now seeking comment on 
    whether it should continue to rely on standard medical practice below 
    the misadministration threshold or whether it is appropriate to impose 
    an NRC requirement for notification below the misadministration 
    threshold if the administration is to the wrong individual. For 
    example, the NRC would like comments on whether a broader notification 
    requirement would implicitly impose recordkeeping and procedural 
    requirements upon licensees beyond those explicitly set forth in part 
    35.
    
    IV. Consistency With the 1979 Medical Policy Statement and 
    Coordination With ACMUI
    
        On February 9, 1979 (44 FR 8242), the NRC published a Statement of 
    General Policy on the Regulation of the Medical Uses of Radioisotopes. 
    The first statement of the policy states, ``The NRC will continue to 
    regulate the medical uses of radioisotopes as necessary to provide for 
    the radiation safety of workers and the general public.'' The proposed 
    rule is consistent with this statement because it continues to provide 
    for administrations of radioactive materials to be regulated under 10 
    CFR part 35. The proposed rule further clarifies that additional 
    regulations are not considered necessary.
        The second statement of the policy states, ``The NRC will regulate 
    the radiation safety of patients where justified by the risk to 
    patients and where voluntary standards, or compliance with these 
    standards, are inadequate.'' The proposed rule is consistent with the 
    statement because it clarifies that existing requirements concerning 
    misadministrations continue to be concentrated on administrations 
    having the greatest risk significance.
        The third statement of the policy states, ``The NRC will minimize 
    intrusion into medical judgements affecting patients and into other 
    areas traditionally considered to be a part of the practice of 
    medicine.'' The proposed rule is consistent with this statement because 
    it limits its specific regulatory requirements for notification to the 
    most serious errors in administration and minimizes requirements on 
    errors in administrations that have less risk significance.
        Thus, the proposed rule is considered to be consistent with the 
    1979 medical policy statement.
        The subject of this proposed rule was discussed with the NRC's 
    Advisory Committee on Medical Uses of Isotopes (ACMUI) on May 19, 1994. 
    The ACMUI agreed that medical administrations, including those to an 
    individual not supposed to receive an administration, should be 
    regulated by part 35 rather than part 20. The ACMUI stated that 
    notification of an individual of an error in administration below the 
    misadministration threshold is the current practice and should not be 
    regulated.
    
    V. Coordination With and Issue of Compatibility for Agreement 
    States
    
        This proposed rulemaking was discussed with representatives of 
    Agreement States at a meeting, ``Organization of Agreement State 
    Managers Workshop and Public Meeting on Rulemaking,'' in Herndon, VA, 
    on July 12, 1994. There was some concern that the NRC approach was 
    different from how State regulations address inadvertent x-ray 
    exposures, but no strong opposition. The proposed rule was revised to 
    address the concerns of the States and then discussed at a subsequent 
    meeting of the Agreement States in Portland, ME, on October 24, 1994. 
    The States were polled on how they regulated an administration to the 
    wrong individual, and it was found that they would regulate the 
    administration the same way as in this proposed rule.
        The NRC believes that the proposed modification of part 20 should 
    be a Division 1 matter of compatibility consistent with past practice 
    of requiring basic definitions to be uniform for effective 
    communication of basic radiation concepts. The Commission specifically 
    requests comments on whether the proposed modification to part 20 
    should be made a Division 1 matter of compatibility.
    
    VI. Finding of No Significant Environmental Impact
    
        The NRC has determined under the National Environmental Policy Act 
    of 1969, as amended, and the Commission's regulations in subpart A of 
    part 51, that this rule, if adopted, would not be a major Federal 
    action significantly affecting the quality of the human environment. 
    Therefore, an environmental impact statement is not required.
        The NRC has not prepared a separate environmental assessment. The 
    following discussion constitutes the assessment. The proposed rule 
    would not change the NRC's requirements concerning the administration 
    of radiation and radioactive materials. Those requirements are and 
    would continue to be contained in part 35 of the NRC's regulations. 
    When the potential ambiguity concerning application of part 20 and part 
    35 requirements was recognized, the Commission specifically informed 
    the staff of its view that the proper interpretation was that the more 
    specific part 35 requirements should govern all medical administrations 
    and directed that action be taken to remove from the regulations any 
    ambiguity on this issue. The staff has, accordingly, not interpreted 
    Sec. 20.1301(a)(1) as applying to any medical administrations, but has 
    proceeded with this rulemaking to remove any ambiguity in the 
    regulations. The proposed rule would merely amend part 20 to make it 
    clear that part 20 does not address medical administrations. Thus, the 
    proposed rule, if adopted, would clarify the NRC's requirements rather 
    than change them, and there would be no environmental impact.
    
    VII. Paperwork Reduction Act Statement
    
        This proposed rule does not contain a new or amended information 
    collection requirement subject to the Paperwork Reduction Act of 1980 
    (44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
    Office of Management and Budget, approval numbers 3150-0014 and 3150-
    0010.
    
    VIII. Regulatory Analysis
    
        The regulatory analysis for this proposed rulemaking is as follows:
    
    1. Alternatives
    
    Alternative 1: Part 20 Regulates Doses to Wrong Individuals
    
        In this alternative, a medical administration of radiation or 
    radioactive material to an individual when no administration is 
    intended that results in a total effective dose equivalent greater than 
    1 millisievert (0.1 rem) would be a violation of Sec. 20.1301. If the 
    event did not meet the threshold definition of a misadministration, NRC 
    would receive a notification of the event from the licensee pursuant to 
    Sec. 20.2203, ``Reports of exposures, radiation levels, and 
    concentrations of radioactive material exceeding the limits'' and the 
    individual involved would receive notification of [[Page 4876]] the 
    exposure from the licensee pursuant to Sec. 19.13(d), ``Notifications 
    and reports to individuals.''
        Under this alternative, notification and recordkeeping requirements 
    of 10 CFR parts 19 and 20 would apply to the medical administration of 
    radiation or radioactive material to the wrong individual that involves 
    a dose to the individual above 1 millisievert (0.1 rem) but less than 
    the threshold definition of a misadministration.
    
    Alternative 2: Part 35 Regulates Doses to Wrong Individuals
    
        In this alternative, the medical administration of radiation or 
    radioactive material to any individual would be the exclusive province 
    of the regulations in 10 CFR part 35. Section 20.1301 would not be 
    applicable. Under this alternative, errors in the administration of 
    radiation or radioactive material to individuals would be subject to 
    the reporting and notification requirements of 10 CFR part 35 rather 
    than the reporting and notification requirements in 10 CFR parts 19 and 
    20. This alternative is consistent with the Commission's determination, 
    published in the rule on quality management programs and 
    misadministrations (July 25, 1991; 56 FR 34104), that licensees should 
    direct their resources toward preventing the more serious errors in the 
    administration of byproduct material.
        However, there would be no requirement in the event of errors in 
    the administration of byproduct material to individuals who were not 
    intended to receive any administration for the medical licensee to 
    notify either the NRC or the individual of the error unless the error 
    meets the threshold definition of a misadministration in Sec. 35.2. In 
    general, standard medical practice is that a physician who becomes 
    aware that a medical procedure has been performed on the wrong 
    individual would notify the individual of the mistake.
    
    Preferred Alternative
    
        Alternative 2 (Part 35 is controlling) is preferable because it 
    maintains the intent of the rulemaking on quality management programs 
    and misadministrations by concentrating regulatory requirements on 
    those events with the greatest risk and placing fewer requirements on 
    those with relatively low risk, such as most diagnostic uses of 
    radiopharmaceuticals. Also, this alternative would allow the Commission 
    to treat all medical administrations of licensed material consistently 
    under the regulations in Part 35.
    
    2. Impact of Proposed Action
    
        Licensees. There is no anticipated impact on licensees, except that 
    licensees will more clearly understand the meanings of the regulations.
        Individuals. There is no anticipated impact on an individual 
    because this action will not increase or decrease the error rate for 
    administrations of radiation or radioactive material.
        NRC Resources. No NRC resources would be required to implement the 
    rule.
    
    IX. Regulatory Flexibility Certification
    
        As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 
    605(b), the NRC certifies that, if adopted, this proposed rule would 
    not have a significant economic impact on a substantial number of small 
    entities. The impact of the revised regulation would not be significant 
    because the proposed amendment represents a continuation of current 
    practice and merely clarifies existing requirements.
    
    X. Backfit Analysis
    
        The NRC has determined that the backfit rule, Sec. 50.109, does not 
    apply to this proposed rule and, therefore, that a backfit analysis is 
    not required for this proposed rule, because these amendments do not 
    involve any provisions which would impose backfits as defined in 
    Sec. 50.109(a)(1).
    
    List of Subjects
    
    10 CFR Part 20
    
        Byproduct material, Criminal penalties, Licensed material, Nuclear 
    materials, Nuclear power plants and reactors, Occupational safety and 
    health, Packaging and containers, Radiation protection, Reporting and 
    recordkeeping requirements, Special nuclear material, Source material, 
    Waste treatment and disposal.
    
    10 CFR Part 35
    
        Byproduct material, Criminal penalties, Drugs, Health facilities, 
    Health professions, Medical devices, Nuclear materials, Occupational 
    safety and health, Radiation protection, Reporting and recordkeeping 
    requirements. For the reasons set out in the preamble and under the 
    authority of the Atomic Energy Act of 1954, as amended; the Energy 
    Reorganization Act of 1974, as amended; and 5 U.S.C. 553; the NRC is 
    proposing to adopt the following amendments to 10 CFR parts 20 and 35.
    
    PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION
    
        1. The authority citation for part 20 continues to read as follows:
    
        Authority: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 
    Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended (42 U.S.C. 
    2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236), secs. 201, as 
    amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
    5841, 5842, 5846).
    
        2. Section 20.1002 is revised to read as follows:
    
    
    Sec. 20.1002  Scope.
    
        The regulations in this part apply to persons licensed by the 
    Commission to receive, possess, use, transfer, or dispose of byproduct, 
    source, or special nuclear material or to operate a production or 
    utilization facility under parts 30 through 35, 39, 40, 50, 60, 61, 70, 
    or 72 of this chapter. The limits in this part do not apply to doses 
    due to background radiation, due to any medical administration the 
    individual has received, or due to voluntary participation in medical 
    research programs.
        3. In Sec. 20.1003, the definitions of Occupational dose and Public 
    dose are revised to read as follows:
    
    
    Sec. 20.1003  Definitions.
    
    * * * * *
        Occupational dose means the dose received by an individual in a 
    restricted area or in the course of employment in which the 
    individual's assigned duties involve exposure to radiation and to 
    radioactive material from licensed and unlicensed sources of radiation, 
    whether in the possession of the licensee or other person. Occupational 
    dose does not include dose received from background radiation, from any 
    medical administration the individual has received, from voluntary 
    participation in medical research programs, or as a member of the 
    general public.
    * * * * *
        Public dose means the dose received by a member of the public from 
    exposure to radiation and to radioactive material released by a 
    licensee, or to another source of radiation either within a licensee's 
    controlled area or in unrestricted areas. It does not include 
    occupational dose or doses received from background radiation, from any 
    medical administration the individual has received, or from voluntary 
    participation in medical research programs.
    * * * * *
        4. In Sec. 20.1301, paragraph (a)(1) is revised to read as follows: 
    [[Page 4877]] 
    
    
    Sec. 20.1301  Dose limits for individual members of the public.
    
        (a) * * *
        (1) The total effective dose equivalent to individual members of 
    the public from the licensed operation does not exceed 0.1 rem (1 mSv) 
    in a year, exclusive of the dose contributions from background 
    radiation, any medical administration the individual has received, 
    voluntary participation in medical research programs, and the 
    licensee's disposal of radioactive material into sanitary sewerage in 
    accordance with Sec. 20.2003.
    * * * * *
        5. The authority citation for part 35 continues to read as follows:
    
        Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
    as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
    1242, as amended (42 U.S.C. 5841).
    
        6. In Sec. 35.2, the definition for misadministration is revised at 
    paragraphs (1)(i), (2)(i), (3)(i), (4)(i), (5)(i), (6)(i), and (6)(ii) 
    by removing the word ``patient'' and inserting the word ``individual.''
        7. In Sec. 35.33, paragraph (a)(2) is revised to read as follows:
    
    
    Sec. 35.33  Notifications, reports, and records of misadministrations.
    
        (a) * * *
        (2) The licensee shall submit a written report to the appropriate 
    NRC Regional Office listed in 10 CFR 30.6 within 15 days after 
    discovery of the misadministration. The written report must include the 
    licensee's name; the prescribing physician's name; a brief description 
    of the event; why the event occurred; the effect on the individual; 
    what improvements are needed to prevent recurrence; actions taken to 
    prevent recurrence; whether the licensee notified the individual, or 
    the individual's responsible relative or guardian (this person will be 
    subsequently referred to as ``the patient'' in this section), and if 
    not, why not, and if the patient was notified, what information was 
    provided to the patient. The report must not include the patient's name 
    or other information that could lead to identification of the patient.
    * * * * *
        Dated at Rockville, Maryland, this 19th day of January, 1995.
    
        For the Nuclear Regulatory Commission.
    John C. Hoyle,
    Acting Secretary of the Commission.
    [FR Doc. 95-1817 Filed 1-24-95; 8:45 am]
    BILLING CODE 7590-01-P
    
    

Document Information

Published:
01/25/1995
Department:
Nuclear Regulatory Commission
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
95-1817
Dates:
The comment period expires April 10, 1995. Comments received after this date will be considered if it is practicable to do so, but the Commission is able to assure consideration only for comments received on or before this date.
Pages:
4872-4877 (6 pages)
RINs:
3150-AF10
PDF File:
95-1817.pdf
CFR: (9)
10 CFR 20.1301(a)
10 CFR 20.1301(a)(1)
10 CFR 50.109(a)(1)
10 CFR 20.1002
10 CFR 20.1003
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