3701:1-58-12. Authority and responsibilities for the radiation protection program

(A) In addition to the radiation protection program requirements of rule 3701:1-38-11 of the Administrative Code, a licensee's management shall approve in writing:

(1) Requests for a license application, renewal, or amendment before submittal to the director;

(2) Any individual before allowing that individual to work as an authorized user, authorized nuclear pharmacist, or authorized medical physicist; and

(3) Radiation protection program changes that do not require a license amendment and are permitted under rule 3701:1-58-13 of the Administrative Code.

(B) A licensee's management shall appoint a radiation safety officer, who agrees, in writing, to be responsible for implementing the radiation protection program. The licensee, through the radiation safety officer, shall ensure that radiation safety activities are being performed in accordance with licensee-approved procedures and regulatory requirements.

(C) For up to sixty days each year, a licensee may permit an authorized user or an individual qualified to be a radiation safety officer, under rules 3701:1-58-18 and 3701:1-58-22 of the Administrative Code, to function as a temporary radiation safety officer and to perform the functions of a radiation safety officer, as provided in paragraph (G) of this rule, if the licensee takes the actions required in paragraphs (B), (E), (G), and (H) of this rule and notifies the director in accordance with paragraph (B) of rule 3701:1-58-09 of the Administrative Code.

(D) A licensee may simultaneously appoint more than one temporary radiation safety officer in accordance with paragraph (C) of this rule, if needed to ensure that the licensee has a temporary radiation safety officer that satisfies the requirements to be a radiation safety officer for each of the different types of uses of radioactive material permitted by the license.

(E) A licensee shall establish the authority, duties, and responsibilities of the radiation safety officer in writing.

(F) Licensees that are authorized for two or more different types of uses of radioactive material under rules 3701:1-58-37 to 3701:1-58-52 of the Administrative Code and rules 3701:1-58-55 to 3701:1-58-71 of the Administrative Code, or two or more types of units under rules 3701:1-58-55 to 3701:1-58-71 of the Administrative Code, shall establish a radiation safety committee to oversee all uses of radioactive material permitted by the license. The committee must include an authorized user of each type of use permitted by the license, the radiation safety officer, a representative of the nursing service, and a representative of management who is neither an authorized user nor a radiation safety officer. The committee may include other members the licensee considers appropriate.

(G) A licensee shall provide the radiation safety officer sufficient authority, organizational freedom, time, resources, and management prerogative, to:

(1) Identify radiation safety problems;

(2) Initiate, recommend, or provide corrective actions;

(3) Stop unsafe operations; and,

(4) Verify implementation of corrective actions.

(H) A licensee shall retain a record of actions taken under paragraphs (A), (B), and (E) of this rule in accordance with rule 3701:1-58-73 of the Administrative Code.

Five Year Review (FYR) Dates: 06/12/2015 and 06/01/2020
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 8/15/2005

Prior History: (R.C. 119.032 review dates: 07/12/2010 and 07/12/2015
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 8/15/2005 )