US (United States) Code. Title 42. Chapter 107: Consumer-patient radiation health safety

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 107 - CONSUMER-PATIENT RADIATION HEALTH

AND SAFETY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 107 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY

-HEAD-

CHAPTER 107 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY

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Sec.

10001. Statement of findings.

10002. Statement of purpose.

10003. Definitions.

10004. Promulgation of standards.

10005. Model statute.

10006. Compliance.

(a) Implementation by Secretary.

(b) Accreditation or certification program.

(c) Noncompliance; proposed legislative changes.

(d) Repealed.

(e) Existing standards and guidelines.

10007. Federal radiation guidelines.

10008. Applicability to Federal agencies.

-End-

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42 USC Sec. 10001 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 107 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY

-HEAD-

Sec. 10001. Statement of findings

-STATUTE-

The Congress finds that -

(1) it is in the interest of public health and safety to

minimize unnecessary exposure to potentially hazardous radiation

due to medical and dental radiologic procedures;

(2) it is in the interest of public health and safety to have a

continuing supply of adequately educated persons and appropriate

accreditation and certification programs administered by State

governments;

(3) the protection of the public health and safety from

unnecessary exposure to potentially hazardous radiation due to

medical and dental radiologic procedures and the assurance of

efficacious procedures are the responsibility of State and

Federal governments;

(4) persons who administer radiologic procedures, including

procedures at Federal facilities, should be required to

demonstrate competence by reason of education, training, and

experience; and

(5) the administration of radiologic procedures and the effect

on individuals of such procedures have a substantial and direct

effect upon United States interstate commerce.

-SOURCE-

(Pub. L. 97-35, title IX, Sec. 976, Aug. 13, 1981, 95 Stat. 598.)

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SHORT TITLE

Section 975 of Pub. L. 97-35 provided that: "This subtitle

[subtitle I (Secs. 975-983) of title IX of Pub. L. 97-35, enacting

this chapter] may be cited as the 'Consumer-Patient Radiation

Health and Safety Act of 1981'."

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42 USC Sec. 10002 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 107 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY

-HEAD-

Sec. 10002. Statement of purpose

-STATUTE-

It is the purpose of this chapter to -

(1) provide for the establishment of minimum standards by the

Federal Government for the accreditation of education programs

for persons who administer radiologic procedures and for the

certification of such persons; and

(2) insure that medical and dental radiologic procedures are

consistent with rigorous safety precautions and standards.

-SOURCE-

(Pub. L. 97-35, title IX, Sec. 977, Aug. 13, 1981, 95 Stat. 599.)

-End-

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42 USC Sec. 10003 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 107 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY

-HEAD-

Sec. 10003. Definitions

-STATUTE-

Unless otherwise expressly provided, for purposes of this

chapter, the term -

(1) "radiation" means ionizing and nonionizing radiation in

amounts beyond normal background levels from sources such as

medical and dental radiologic procedures;

(2) "radiologic procedure" means any procedure or article

intended for use in -

(A) the diagnosis of disease or other medical or dental

conditions in humans (including diagnostic X-rays or nuclear

medicine procedures); or

(B) the cure, mitigation, treatment, or prevention of disease

in humans;

that achieves its intended purpose through the emission of

radiation;

(3) "radiologic equipment" means any radiation electronic

product which emits or detects radiation and which is used or

intended for use to -

(A) diagnose disease or other medical or dental conditions

(including diagnostic X-ray equipment); or

(B) cure, mitigate, treat, or prevent disease in humans;

that achieves its intended purpose through the emission or

detection of radiation;

(4) "practitioner" means any licensed doctor of medicine,

osteopathy, dentistry, podiatry, or chiropractic, who prescribes

radiologic procedures for other persons;

(5) "persons who administer radiologic procedures" means any

person, other than a practitioner, who intentionally administers

radiation to other persons for medical purposes, and includes

medical radiologic technologists (including dental hygienists and

assistants), radiation therapy technologists, and nuclear

medicine technologists;

(6) "Secretary" means the Secretary of Health and Human

Services; and

(7) "State" means the several States, the District of Columbia,

the Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, the Virgin Islands, Guam, American Samoa, and

the Trust Territory of the Pacific Islands.

-SOURCE-

(Pub. L. 97-35, title IX, Sec. 978, Aug. 13, 1981, 95 Stat. 599.)

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

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42 USC Sec. 10004 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 107 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY

-HEAD-

Sec. 10004. Promulgation of standards

-STATUTE-

(a) Within twelve months after August 13, 1981, the Secretary, in

consultation with the Radiation Policy Council, the Secretary of

Veterans Affairs, the Administrator of the Environmental Protection

Agency, appropriate agencies of the States, and appropriate

professional organizations, shall by regulation promulgate minimum

standards for the accreditation of educational programs to train

individuals to perform radiologic procedures. Such standards shall

distinguish between programs for the education of (1) medical

radiologic technologists (including radiographers), (2) dental

auxiliaries (including dental hygienists and assistants), (3)

radiation therapy technologists, (4) nuclear medicine

technologists, and (5) such other kinds of health auxiliaries who

administer radiologic procedures as the Secretary determines

appropriate. Such standards shall not be applicable to educational

programs for practitioners.

(b) Within twelve months after August 13, 1981, the Secretary, in

consultation with the Radiation Policy Council, the Secretary of

Veterans Affairs, the Administrator of the Environmental Protection

Agency, interested agencies of the States, and appropriate

professional organizations, shall by regulation promulgate minimum

standards for the certification of persons who administer

radiologic procedures. Such standards shall distinguish between

certification of (1) medical radiologic technologists (including

radiographers), (2) dental auxiliaries (including dental hygienists

and assistants), (3) radiation therapy technologists, (4) nuclear

medicine technologists, and (5) such other kinds of health

auxiliaries who administer radiologic procedures as the Secretary

determines appropriate. Such standards shall include minimum

certification criteria for individuals with regard to accredited

education, practical experience, successful passage of required

examinations, and such other criteria as the Secretary shall deem

necessary for the adequate qualification of individuals to

administer radiologic procedures. Such standards shall not apply to

practitioners.

-SOURCE-

(Pub. L. 97-35, title IX, Sec. 979, Aug. 13, 1981, 95 Stat. 599;

Pub. L. 102-54, Sec. 13(q)(13)(A), June 13, 1991, 105 Stat. 281.)

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AMENDMENTS

1991 - Subsecs. (a), (b). Pub. L. 102-54 substituted "Secretary

of Veterans Affairs" for "Administrator of Veterans' Affairs".

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42 USC Sec. 10005 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 107 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY

-HEAD-

Sec. 10005. Model statute

-STATUTE-

In order to encourage the administration of accreditation and

certification programs by the States, the Secretary shall prepare

and transmit to the States a model statute for radiologic procedure

safety. Such model statute shall provide that -

(1) it shall be unlawful in a State for individuals to perform

radiologic procedures unless such individuals are certified by

the State to perform such procedures; and

(2) any educational requirements for certification of

individuals to perform radiologic procedures shall be limited to

educational programs accredited by the State.

-SOURCE-

(Pub. L. 97-35, title IX, Sec. 980, Aug. 13, 1981, 95 Stat. 600.)

-End-

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42 USC Sec. 10006 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 107 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY

-HEAD-

Sec. 10006. Compliance

-STATUTE-

(a) Implementation by Secretary

The Secretary shall take all actions consistent with law to

effectuate the purposes of this chapter.

(b) Accreditation or certification program

A State may utilize an accreditation or certification program

administered by a private entity if -

(1) such State delegates the administration of the State

accreditation or certification program to such private entity;

(2) such program is approved by the State; and

(3) such program is consistent with the minimum Federal

standards promulgated under this chapter for such program.

(c) Noncompliance; proposed legislative changes

Absent compliance by the States with the provisions of this

chapter within three years after August 13, 1981, the Secretary

shall report to the Congress recommendations for legislative

changes considered necessary to assure the States' compliance with

this chapter.

(d) Repealed. Pub. L. 104-66, title I, Sec. 1061(b), Dec. 21, 1995,

109 Stat. 719

(e) Existing standards and guidelines

Notwithstanding any other provision of this section, in the case

of a State which has, prior to the effective date of standards and

guidelines promulgated pursuant to this chapter, established

standards for the accreditation of educational programs and

certification of radiologic technologists, such State shall be

deemed to be in compliance with the conditions of this section

unless the Secretary determines, after notice and hearing, that

such State standards do not meet the minimum standards prescribed

by the Secretary or are inconsistent with the purposes of this

chapter.

-SOURCE-

(Pub. L. 97-35, title IX, Sec. 981, Aug. 13, 1981, 95 Stat. 600;

Pub. L. 104-66, title I, Sec. 1061(b), Dec. 21, 1995, 109 Stat.

719.)

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AMENDMENTS

1995 - Subsec. (d). Pub. L. 104-66 struck out subsec. (d) which

read as follows: "The Secretary shall be responsible for continued

monitoring of compliance by the States with the applicable

provisions of this chapter and shall report to the Senate and the

House of Representatives by January 1, 1982, and January 1 of each

succeeding year the status of the States' compliance with the

purposes of this chapter."

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42 USC Sec. 10007 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 107 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY

-HEAD-

Sec. 10007. Federal radiation guidelines

-STATUTE-

The Secretary shall, in conjunction with the Radiation Policy

Council, the Secretary of Veterans Affairs, the Administrator of

the Environmental Protection Agency, appropriate agencies of the

States, and appropriate professional organizations, promulgate

Federal radiation guidelines with respect to radiologic procedures.

Such guidelines shall -

(1) determine the level of radiation exposure due to radiologic

procedures which is unnecessary and specify the techniques,

procedures, and methods to minimize such unnecessary exposure;

(2) provide for the elimination of the need for retakes of

diagnostic radiologic procedures;

(3) provide for the elimination of unproductive screening

programs;

(4) provide for the optimum diagnostic information with minimum

radiologic exposure; and

(5) include the therapeutic application of radiation to

individuals in the treatment of disease, including nuclear

medicine applications.

-SOURCE-

(Pub. L. 97-35, title IX, Sec. 982, Aug. 13, 1981, 95 Stat. 601;

Pub. L. 102-54, Sec. 13(q)(13)(B), June 13, 1991, 105 Stat. 281.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-54 substituted "Secretary of Veterans Affairs"

for "Administrator of Veterans' Affairs" in introductory

provisions.

-End-

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42 USC Sec. 10008 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 107 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY

-HEAD-

Sec. 10008. Applicability to Federal agencies

-STATUTE-

(a) Except as provided in subsection (b) of this section, each

department, agency, and instrumentality of the executive branch of

the Federal Government shall comply with standards promulgated

pursuant to this chapter.

(b) The Secretary of Veterans Affairs, through the Under

Secretary for Health of the Department of Veterans Affairs, shall,

to the maximum extent feasible consistent with the responsibilities

of such Secretary and Under Secretary for Health under title 38,

prescribe regulations making the standards promulgated pursuant to

this chapter applicable to the provision of radiologic procedures

in facilities over which that Secretary has jurisdiction. In

prescribing and implementing regulations pursuant to this

subsection, the Secretary of Veterans Affairs shall consult with

the Secretary in order to achieve the maximum possible coordination

of the regulations, standards, and guidelines, and the

implementation thereof, which the Secretary and the Secretary of

Veterans Affairs prescribe under this chapter.

-SOURCE-

(Pub. L. 97-35, title IX, Sec. 983, Aug. 13, 1981, 95 Stat. 601;

Pub. L. 102-54, Sec. 13(q)(13)(C), June 13, 1991, 105 Stat. 282;

Pub. L. 102-405, title III, Sec. 302(e)(1), Oct. 9, 1992, 106 Stat.

1985.)

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AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-405 substituted "Under Secretary

for Health" for "Chief Medical Director" in two places.

1991 - Subsec. (b). Pub. L. 102-54 substituted "The Secretary of

Veterans Affairs, through the Chief Medical Director of the

Department of Veterans Affairs, shall, to the maximum extent

feasible consistent with the responsibilities of such Secretary and

Chief Medical Director under title 38" for "(1) The Administrator

of Veterans' Affairs, through the Chief Medical Director of the

Veterans' Administration, shall, to the maximum extent feasible

consistent with the responsibilities of such Administrator and

Chief Medical Director under subtitle 38", "over which that

Secretary" for "over which the Administrator", and "Secretary of

Veterans Affairs" for "Administrator" wherever else appearing, and

struck out pars. (2) and (3) which read as follows:

"(2) Not later than 180 days after standards are promulgated by

the Secretary pursuant to this chapter, the Administrator of

Veterans' Affairs shall submit to the appropriate committees of

Congress a full report with respect to the regulations (including

guidelines, policies, and procedures thereunder) prescribed

pursuant to paragraph (1) of this subsection. Such report shall

include -

"(A) an explanation of any inconsistency between standards made

applicable by such regulations and the standards promulgated by

the Secretary pursuant to this chapter;

"(B) an account of the extent, substance, and results of

consultations with the Secretary respecting the prescription and

implementation of regulations by the Administrator; and

"(C) such recommendations for legislation and administrative

action as the Administrator determines are necessary and

desirable.

"(3) The Administrator of Veterans' Affairs shall publish the

report required by paragraph (2) in the Federal Register."

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