RAD 114 RADIATION PROTECTION THREE LEVELS OF REGULATION NORMAL PROCESS OF CREATING LAWS

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1 RAD 114 RADIATION PROTECTION REGULATIONS THREE LEVELS OF REGULATION FEDERAL LAW -- NATIONAL IN SCOPE STATUTE -- APPLICABLE WITHIN THE STATE (STATE LAW) ORDINANCE -- APPLICABLE ONLY WITHIN A COUNTY OR MUNICIPALITY NORMAL PROCESS OF CREATING LAWS A BILL IS INTRODUCED IN A LEGISLATIVE BODY (CONGRESS) BILL IS APPROVED BY LEGISLATIVE BODY AND SENT TO EXECUTIVE FOR SIGNATURE ONCE SIGNED, BILL BECOMES LAW 1

2 ADMINISTRATIVE REGULATIONS (OR LAW) CREATED BY A UNIT OF THE EXECUTIVE BRANCH OF GOVERNMENT (FEDERAL OR STATE) AUTHORITY GRANTED BY LAW OR STATUTE WHY CAN CREATE LAW (REGULATIONS)? PROVIDE EXPERTISE ACT WITHIN LEGAL AUTHORITY ADMINISTRATIVE REGULATIONS ARE GENERALLY UPHELD IN COURT WHEN CHALLENGED FEDERAL ADMINISTRATIVE US DEPARTMENT OF ENVIRONMENTAL PROTECTION (OFFICE OF RADIATION PROGRAMS) US FOOD AND DRUG ADMINISTRATION (CENTER FOR DEVICES AND RADIOLOGIC HEALTH) 2

3 FEDERAL ADMINISTRATIVE US NUCLEAR REGULATORY COMMISSION (NRC) US DEPARTMENT OF LABOR (OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, or OSHA) NJ ADMINISTRATIVE NEW JERSEY DEP COMMISSION ON RADIATION PROTECTION RADIOLOGIC TECHNOLOGY BOARD OF EXAMINERS BUREAU OF RADIATION PROTECTION CODE OF FEDERAL REGULATIONS (CFR) This is a body of federal regulations which have been catalogued into may volumes. The regulations most important to radiation protection are specified on the following slides... 3

4 SIGNIFICANT FEDERAL REGULATIONS 42 CFR 1 (PART 75) REGULATIONS SPECIFIC TO EDUCATION, TRAINING AND LICENSING OF RADIOGRAPHERS, DENTAL ASSISTANTS, ETC. AS AUTHORIZED UNDER THE CONSUMER-PATIENT RADIATION HEALTH AND SAFETY ACT OF CFR SUBCHAPTER J -- REGULATIONS CONCERN RADIOGRAPHIC/FLUOROSCOPIC EQUIPMENT. FUNCTION OF THE FDA CENTER FOR DEVICES AND RADIOLOGIC HEALTH SIGNIFICANT FEDERAL REGULATIONS 10 CFR REGULATIONS SPECIFYING RADIATION PROTECTION STANDARDS (NRC) 29 CFR SPECIFIES WORKPLACE SAFETY, ESPECIALLY WHERE IONIZING RADIATION IS USED. OSHA IS RESPONSIBLE SIGNIFICANT FEDERAL LAWS ATOMIC ENERGY ACT OF 1954 RADIATION CONTROL FOR HEALTH AND SAFETY ACT OF 1968 CONSUMER-PATIENT RADIATION HEALTH AND SAFETY ACT OF

5 ATOMIC ENERGY ACT OF 1954 Created the Atomic Energy Commission (now known as the Nuclear Regulatory Commission). The agency was and is charged with licensing and regulating the commercial use of radioactive material. RADIATION CONTROL FOR HEALTH AND SAFETY ACT OF 1968 This law, signed by Lyndon Johnson, made the FDA responsible for setting standards for radiation-emitting equipment. The office within the FDA responsible for this is now called the Center for Devices and Radiological Health. CONSUMER-PATIENT RADIATION HEALTH AND SAFETY ACT OF 1981 This law, signed by Ronald Reagan, makes the Secretary for Health and Human Services responsible for setting training standards for schools of radiologic technology, dental hygiene and dental assisting. It also set national voluntary standards for licensing. 5

6 MAMMOGRAPHY QUALITY STANDARDS ACT (1992) Signed into law by Bill Clinton, MQSA charges the Dept. of Health and Human Services with establishing and maintaining a comprehensive program of review and certification of mammography imaging centers, equipment and personnel (physicians, health physicists and technologists). ANOTHER UPDATE... The American Society of Radiologic Technologists, along with its state affiliates, is nearing its 15 th year lobbying to change the law to require mandatory licensing standards for all 50 states (CARE Act). NEW JERSEY LAW RADIOLOGIC TECHNOLOGY ACT OF

7 RADIOLOGIC TECHNOLOGY ACT OF 1968 Even before federal law addressed licensing of radiologic technologists, New Jersey established licensing and training standards to protect patients from unqualified practitioners. The statute established the Radiologic Technology Board of Examiners. QUESTION... How is licensing different from certification through h the American Registry of Radiologic Technologists? NON-GOVERNMENTAL NATIONAL COUNCIL ON RADIATION PROTECTION AND MEASUREMENT (NCRP): Established in 1931; Chartered in 1964 Recommends to Congress, and the states 7

8 NON-GOVERNMENTAL NATIONAL RESEARCH COUNCIL Administered by the National Academy of Science, the National Academy of Engineers and the Institute of Medicine. Produced BEIR reports. Latest report was BEIR V, Health Effects of Exposure to Low Levels of Ionizing Radiation. NON-GOVERNMENTAL INTERNATIONAL COMMISSION ON RADIOLOGICAL PROTECTION (ICRP): Started in 1928, functions similarly to NCRP. Promotes cooperation in research, data collection and effective use of combined resources QUASI-GOVERNMENTAL UNITED NATIONS SCIENTIFIC COMMITTEE ON THE EFFECTS OF ATOMIC RADIATION (UNSCEAR): Established in 1955 by resolution 913 of the United Nations General Assembly. Reports on issues related to exposure to humans and the environment to ionizing radiation and evaluates risk. 8

9 A HISTORY OF RADIOLOGIC TECHNOLOGY IN THE UNITED STATES: THE SHADOWMAKERS 9

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