civil penalty for medical violation

[William V Lipton <liptonw@dteenergy.com>]

The attached press release describes a penalty for failure to perform a
required leak test on an eye applicator.  I'm surprised at a number of
things:

This is the 4th time the individual was cited for the same violation.
Only now is the NRC calling this "willful."

The NRC is imposing a civil penalty for this "wilful" violation.  Please
note 10CFR20.2402(a):  "Section 223 of the Atomic Energy Act of 1954, as
amended provides for criminal scanctions for willful violation ..."

The press release did not state anything about the individual losing his
license.

It seems that the consequences of using a leaking applicator on a
patient would be quite serious.

Considering all of the above, I am astounded when medical hp's say that
they are over-regulated.  You don't know when you have it easy.

The opinions expressed are strictly mine.
It's not about dose, it's about trust.

Bill Lipton
liptonw@dteenergy.com

NRC PROPOSES $2,750 CIVIL PENALTY AGAINST DOCTOR IN PUERTO RICO FOR
VIOLATION OF
                           NRC REGULATORY SAFETY REQUIREMENTS

The U. S. Nuclear Regulatory Commission has proposed a $2,750 civil
penalty against Dr. Roberto Buxeda-Dacri, M.D., of
Santurce, Puerto Rico for violation of NRC safety requirements involving
failure to perform required periodic leak tests of the
radioactive source in a device used in the medical treatment of eye
conditions.

NRC officials said Dr. Buxeda-Dacri was cited by the agency for this
same violation during the last three NRC inspections at
his facility, demonstrating what they termed a careless disregard for
NRC requirements. The NRC said the fourth occurrence of
the violation indicated that it was of a willful nature and that the
civil penalty was proposed as a result.

The device, called an eye applicator, is used in the medical treatment
of eye conditions and contains a radioactive source of
approximately 31 millicuries of Strontium-90. A leak test performed
after the NRC's May 2 identification of the violation
confirmed the absence of any leakage and that the violation did not
result in any actual safety consequences.

The licensee has 30 days from receipt of the Notice of Violation to
either pay the civil penalty or to protest its imposition, in
whole or in part.

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