[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Notices]
[Pages 11958-11959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5871]
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NUCLEAR REGULATORY COMMISSION
[IA 98-065]
Lee Larocque; Order Prohibiting Involvement in NRC-Licensed
Activities
I
Mr. Lee LaRocque (Mr. LaRocque) was the Chief Nuclear Medicine
Technologist (CNMT) in the Nuclear Medicine Department (NMD) of Windham
Community Memorial Hospital, Inc. (Windham or Licensee), Willimantic,
Connecticut, from September 1991 until August 1997, when he was demoted
to the position of Nuclear Medicine Technologist (NMT). Mr. LaRocque
was employed as an NMT in the NMD at the facility from August 1997 to
May 14, 1998, when his employment was terminated. Windham holds
Facility License No. 06-15203-01 (License), issued by the Nuclear
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Parts 30
and 35, which authorizes Windham to use byproduct material for medical
use.
II
On May 21, 1998, an investigation was initiated by the NRC Office
of Investigations (OI), to determine if Mr. LaRocque, while functioning
as the NMT at Windham, administered a dose of iodine-131 (I-131)
greater than permitted by the License and created an inaccurate record
of the dose. Based upon all the evidence, including an admission by Mr.
LaRocque during an interview with OI on October 8, 1998, the NRC
concludes that Mr. LaRocque deliberately altered a dose calibrator
reading for an I-131 capsule, thereby misleading the Authorized User
regarding the assayed dose, administered the capsule to the patient
knowing that the dose exceeded the License limits, and deliberately
created inaccurate records of the dose.
Specifically, on the morning of May 11, 1998, when a patient
arrived at Windham to be given a dose of 29.5 millicuries of I-131 in
capsule form, Mr. LaRocque assayed the dose and found that it contained
more than 30 millicuries (mCi) activity. The License limits doses
administered to patients to 30 mCi of I-131. As a result, the patient
was instructed to return to the hospital at 4:30 p.m., the time at
which the dose was expected to have decayed to the prescribed dose.
When the patient returned to the hospital at about 4:15 p.m., Mr.
LaRocque measured the dose and found that it was slightly greater than
30 mCi. Rather than waiting until 4:30 p.m., Mr. LaRocque retrieved two
lead strips from a nearby closet and inserted them into the dose
calibrator in order to lower the reading. With the lead strips inside
the dose calibrator, the dose measured 29.2 mCi. Mr. LaRocque then
informed the AU that the dose was ready for administration to the
patient. Pursuant to the Licensee's Quality Management Program, the AU
is required to observe the dose calibrator display before the dose is
actually given to the patient. At the request of Mr. LaRocque, the AU
observed the dose calibrator readout and approved administration of the
dose to the patient. Mr. LaRocque then administered the dose.
Mr. LaRocque also completed a radiopharmaceutical written directive
and patient verification form stating that the assayed dose was 29.2
mCi. This record is required to be maintained by the Licensee by 10
C.F.R. 35.53(a) and (c). In his interview with OI, Mr. LaRocque
admitted that he knowingly misled the AU as to the activity of the
dose, and knowingly created inaccurate Licensee records, which stated
that the assayed dose and the dose administered to the patient was 29.2
mCi, when Mr. LaRocque knew that the dose was in fact slightly greater
than 30 mCi and that the License prohibited the administration of I-131
in doses greater than 30 mCi to patients.
Mr. LaRocque's actions are of particular concern given that on
December 10, 1997, only six months before the above-described
deliberate misconduct occurred, the NRC had issued a letter to him,
explaining that any future deliberate misconduct could subject him to
significant enforcement action. Previously, when Mr. LaRocque was the
Chief NMT at Windham: (1) after the fact and without first-hand
knowledge, he created inaccurate records associated with the disposal
of technetium-99m labeled DTPA aerosol kits; and (2) he failed to
promptly report that dose calibrator constancy records had been
falsified by another NMT. The NRC issued a Notice of Violation to
Windham on February 6, 1998, based, in part, on Mr. LaRocque's
deliberate misconduct while employed as the Chief NMT.
In a telephone call on December 23, 1998, the NRC discussed its
conclusions with Mr. LaRocque and offered Mr. LaRocque an opportunity
to attend a predecisional enforcement conference. Mr. LaRocque declined
the opportunity, noting that he did not believe he could provide any
additional information from what he had already provided to OI. In a
letter to Mr. LaRocque dated January 11, 1999, the NRC confirmed that
he had declined the opportunity for a conference and offered Mr.
LaRocque a second opportunity to attend a conference. Mr. LaRocque did
not request a conference.
III
Based on the above, Mr. LaRocque engaged in deliberate misconduct
in that: (1) in violation of 10 C.F.R. 30.10(a)(1), he deliberately
administered a dose of I-131 to a patient in excess of the 30 mCi limit
of Condition 15 the License, thereby putting the Licensee in violation
of its License; and (2) in violation of 10 C.F.R. 30.10(a)(2), he
deliberately created materially inaccurate Licensee dose records,
required to be maintained by 10 C.F.R. 35.53(a) and (c), thereby
causing the Licensee to be in violation of 10 C.F.R. 30.9(a).
[[Page 11959]]
The NRC must be able to rely on the Licensee and its employees to
comply with NRC requirements, including the requirement to provide and
maintain information that is complete and accurate in all material
respects. Mr. LaRocque's action in causing the Licensee to violate its
License and the Commission's regulations, his misrepresentations to the
Licensee, and his prior actions as set forth in Section II of this
Order, have raised serious doubt as to whether he can be relied upon to
comply with NRC requirements, and to provide complete and accurate
information to the NRC and its Licensees.
Consequently, I lack the requisite reasonable assurance that
licensed activities can be conducted in compliance with the
Commission's requirements and that the health and safety of the public
would be protected if Mr. LaRocque were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that Mr. LaRocque be prohibited from any
involvement in NRC-licensed activities for a period of one year from
the effective date of this Order. If Mr. LaRocque is involved in NRC-
licensed activities on the effective date of the Order, Mr. LaRocque
must immediately cease such activities, and inform the NRC of the name,
address, and telephone number of the employer, and provide a copy of
this Order to the employer. Additionally, Mr. LaRocque is required to
notify the NRC of his first employment in NRC-licensed activities
following the prohibition period.
IV
Accordingly, pursuant to Sections 81, 161b, 161i, 182 and 186 of
the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 C.F.R. 2.202, 10 C.F.R. 30.10, and 10 C.F.R. 150.20,
it is hereby ordered That:
1. Mr. Lee LaRocque is prohibited for one year from the effective
date of this Order from engaging in NRC-licensed activities. NRC-
licensed activities are those activities that are conducted pursuant to
a specific or general license issued by the NRC, including, but not
limited to, those activities of Agreement State licensees conducted
pursuant to the authority granted by 10 C.F.R. 150.20.
2. If, on the effective date of this Order, Mr. LaRocque is
involved in NRC-licensed activities, he must immediately cease those
activities, and inform the NRC of the name, address, and telephone
number of the employer, and provide a copy of this Order to the
employer.
3. For a period of one year after the one-year period of
prohibition has expired, Mr. LaRocque shall, within 20 days of his
acceptance of each employment offer involving NRC-licensed activities
or his becoming involved in NRC-licensed activities, as defined in
Paragraph IV.1 above, provide notice to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, of the name, address, and telephone number of the employer or
the entity where he is, or will be, involved in the NRC-licensed
activities. In the first notification, Mr. LaRocque shall include a
statement of his commitment to compliance with regulatory requirements
and the basis why the Commission should have confidence that he will
now comply with applicable NRC requirements.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by Mr. LaRocque
of good cause.
V
In accordance with 10 C.F.R. 2.202, Mr. LaRocque must, and any
other person adversely affected by this Order may, submit an answer to
this Order, and may request a hearing on this Order, within 20 days of
the date of this Order. Where good cause is shown, consideration will
be given to extending the time to request a hearing. A request for
extension of time must be made in writing to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission Washington, D.C. 20555,
and include a statement of good cause for the extension. The answer may
consent to this Order. Unless the answer consents to this Order, the
answer shall, in writing and under oath or affirmation, specifically
admit or deny each allegation or charge made in this Order and shall
set forth the matters of fact and law on which Mr. LaRocque or other
person adversely affected relies and the reasons as to why the Order
should not have been issued. Any answer or request for a hearing shall
be submitted to the Secretary, U.S. Nuclear Regulatory Commission,
Attn: Chief, Rulemakings and Adjudications Staff, Washington, DC 20555.
Copies also shall be sent to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, to the Deputy
Assistant General Counsel for Enforcement at the same address, to the
Regional Administrator, NRC Region I, U.S. Nuclear Regulatory
Commission, 475 Allendale Road, King of Prussia, Pennsylvania 19406,
and to Mr. LaRocque if the answer or hearing request is by a person
other than Mr. LaRocque. If a person other than Mr. LaRocque requests a
hearing, that person shall set forth with particularity the manner in
which that person's interest is adversely affected by this Order and
shall address the criteria set forth in 10 C.F.R. 2.714(d).
If a hearing is requested by Mr. LaRocque or a person whose
interest is adversely affected, the Commission will issue an Order
designating the time and place of any hearing. If a hearing is held,
the issue to be considered at such hearing shall be whether this Order
should be sustained.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section IV above shall be final 20 days from the date of
this Order without further order or proceedings. If an extension of
time for requesting a hearing has been approved, the provisions
specified in Section IV shall be final when the extension expires if a
hearing request has not been received.
Dated at Rockville, Maryland this 24th day of February 1999.
For the Nuclear Regulatory Commission.
Malcolm R. Knapp,
Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 99-5871 Filed 3-9-99; 8:45 am]
BILLING CODE 7590-01-P
