3701-2-04.8 Bureau of radiation protection.

[This rule designated an internal management rule.]

(A) The following functions are prescribed for the bureau of radiation protection:

(1) Administer the radiological health laws, Chapter 3748. of the Revised Code and the rules adopted under that chapter including the inspection, administration, and coordination of enforcement activities for the radiation-generating equipment inspection and registration program;

(2) Administer Chapter 3747. of the Revised Code and the rules adopted under that chapter pertaining to low-level radioactive waste;

(3) Provide all health physics assessments for the Ohio utility radiological safety board pursuant to sections 4937.02 to 4937.05 of the Revised Code;

(4) Conduct environmental monitoring of nuclear facilities and contaminated sites pursuant to agreements with the federal government;

(5) Coordinate the department's radiological health response to emergencies at fixed nuclear facilities pursuant to interagency agreements including response to radiation related incidents at licensed facilities and other locations throughout Ohio;

(6) Conduct the state indoor radon program in conjunction with the United States environmental protection agency;

(7) Conduct implementing agreements with the United States nuclear regulatory commission including responsibilities pursuant to agreement state status related to the administration, licensure, and enforcement of Chapter 3748. of the Revised Code for radioactive materials;

(8) Administer and enforce the radiologic licensure program as required by Chapter 4773. of the Revised Code;

(9) Administer the "Mammography Quality Standards Act of 1992", 42 U.S.C. 263 , as amended, and implement annual inspection of all mammography facilities through contract with the United States food and drug administration;

(10) Administer and conduct processes for licensing and inspecting freestanding radiation therapy centers and freestanding or mobile diagnostic imaging centers pursuant to section 3702.30 of the Revised Code and the rules adopted under that section and conduct enforcement of those standards at freestanding radiation therapy centers and freestanding or mobile diagnostic imaging centers;

(11) Administer the provisions of the safety and quality of care standards for linear accelerator, cobalt radiation and gamma knife services pursuant to sections 3702.11 to 3702.20 of the Revised Code and the rules adopted under those sections;

(12) Establish data collection parameters to implement section 3702.11 of the Revised Code pertaining to linear accelerator, cobalt radiation, and gamma knife services, and to implement section 3702.30 of the Revised Code pertaining to freestanding radiation therapy centers and freestanding or mobile diagnostic imaging centers. Analyze reports for these specified facilities and health care providers for compliance with safety, quality-of-care, data reporting requirements, and licensure standards established in Chapters 3701-83 and 3701-84 of the Administrative Code; and

(13) Coordinate and administer processes pertaining to applications for licensure of freestanding radiation therapy centers and freestanding and mobile diagnostic imaging centers and to enforcement of the applicable licensure requirements pursuant to section 3702.30 of the Revised Code and the rules adopted under that section.

(14) Inspect, administer, and coordinate enforcement activities for the radon licensing program as required by Chapter 3723. of the Revised Code.

(B) The following minimum qualifications of the chief of the bureau of radiation protection are prescribed:

(1) A master's degree in the health physics or radiation science field, five years of progressively responsible broad-based management experience in radiological health, and a health physicist certification from the American board of health physics or board eligible as determined by the current criteria of the American board of health physics;

(2) A master's degree in a health related field and five years of progressively responsible broad-based management experience in radiological health; or

(3) A health physicist certification from the American board of health physics or board eligible as determined by application of the current criteria of the American board of health physics and six years of broad-based management experience in radiological health. A master's degree in the health physics, radiation science, or other health-related field may be substituted for one year of the required experience.

Effective: 12/22/2008
Promulgated Under: 111.15
Statutory Authority: 3701.34
Rule Amplifies: 3701.34
Prior Effective Dates: 12/31/1977, 11/15/78, 6/12/82, 2/27/84, 9/27/90, 8/17/92, 5/4/95, 2/8/97, 3/21/99, 6/19/03