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RE: NRC Proposed Fine and Severity Level 1 Violation



If the RSO follows your advise (CYA or pass the responsibility), this still

does not prevent the situation from developing nor does it prevent the

occurrence of a license violation.  It looks like the RSO is going to take

the fall at the hands of either the facility or the NRC.



The question still remains, how much control over the patient and family is

required before the NRC determines the control is adequate?



I am not a lawyer, but I surmise patients have the right to terminate their

medical treatment and go home at any time unless they pose grave and

imminent danger to the public.  If the patient goes home, the situation is

not monitored.  Where is the consistency in mitigating the risk when the

patient is hospitalized versus the being at home?  This appears to be a

regulatory problem, not a health risk problem.



Regards,



Steve Knapp, Ph.D.



-----Original Message-----

From: William V Lipton [mailto:liptonw@dteenergy.com]

Sent: Thursday, May 15, 2003 1:28 PM

To: Knapp, Steven J.

Cc: 'radsafe@list.vanderbilt.edu'

Subject: Re: NRC Proposed Fine and Severity Level 1 Violation





To me, the principal lesson learned is that the RSO will take the fall in

the

event of a violation, unless he takes specific actions to prevent this.

Would I

have done things any differently in those circumstances?  Maybe not.

However,

now that I'm aware of what happened, here's what I'd do.



1.  If not already in place, develop a written policy statement regarding

nuclear medicine patients who cannot be released under 10 CFR 35.75.  This

would

include, as a minimum:   (1) the requirements of 10 CFR 35.315, (2) a policy

on

visitors.  I would probably include a requirement to issue written

instructions

to visitors, requiring consent to the instructions before allowing visits.

2.  In the event anyone, visitor or staff, violates the policy or

instructions,

I would make every effort to put the enforcement responsibility on the

hospital

administration.  This would, as minimum, include documented verbal

communication

to my supervision of the violation and a reminder that it's the hospital

administration's responsibility to take whatever corrective actions are

needed

to regain compliance with regulatory requirements.   This should be followed

up

by a written communication.  I don't know to what extent coercive powers

would

be used, eg, physically restraining the visitor.  However, I'd make sure

that

it's not my decision.  (I doubt that the patient was in a position to "go

home.")

3.  In the event (which I doubt) that the hospital administration does not

correct the violation, I would feel an obligation to communicate directly

with

the NRC.



Is this overly defensive?  Considering what actually happened, no.

Remember,

that when management asks you to be a "team player" in their chess game, it

usually means that you're a pawn.



The opinions expressed are strictly mine.

It's not about dose, it's about trust.

Curies forever.



Bill Lipton

liptonw@dteenergy.com



"Knapp, Steven J." wrote:



> What can be learned from this unfortunate situation?

>

> If family members choose to ignore the advise of the medical facility by

> sitting too close to a dying inpatient that is receiving

radiopharmaceutical

> therapy, what should be done?  Should the facility have security staff

> remove the noncompliant visitors?  What level of control is required?

>

> Are medical facilities prepared to issue dosimeters (e.g. real-time

> read-out) to family members that may be noncompliant with visitor

> restrictions?  How is the medical facility going to enforce the radiation

> dose limits when family members are noncompliant?

>

> If a dying inpatient decided to go home, is the NRC going to site/fine the

> medical facility if the family members and patient do not follow the

safety

> advise given to them?

>

> The level of control should proportionate with the risk to the family

> members and the public.  The wording may not be exact but the expert

> consultant concluded the radiation risk to the family members was

> insignificant during these unfortunate and tragic circumstances.

>

> Does the NRC consider any level of control to adequate that results in a

> family member or member of the public receiving a radiation dose in excess

> of the dose limits?

>

> Regards,

>

> Steve Knapp, Ph.D.

>

> -----Original Message-----

> From: Steven Dapra [mailto:sjd@swcp.com]

> Sent: Wednesday, May 14, 2003 10:51 PM

> To: radsafe@list.vanderbilt.edu

> Subject:

>

> May 14

>

> Jerry Cohen wrote:

>

>         "It seems to me that the comfort, warmth, and satisfaction of

being

> near a

> dying loved one without the encumbrance of  shielding   might be well

worth

> an added 3-15 rem. In any case, why shouldn't  the dose recipient [a

> daughter] be allowed to make an informed choice in the matter without NRC

> interference?"

>

>         A good, hearty AMEN to that.  It's a woman's right to choose,

isn't

> it?

>

> Steven Dapra

> sjd@swcp.com

>

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