NRC: News Release - Region IV - 2002-030 - NRC Proposes $3,000 Fine for Avera McKennan Hospital

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NRC NEWS
U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region IV
611 Ryan Plaza Drive, Suite 400, Arlington TX 76011
www.nrc.gov

No. IV-02-030		June 17, 2002
CONTACT:	Breck Henderson Phone: 817-860-8128 Cellular: 817-917-1227	E-mail: OPA4.Resource@nrc.gov
NRC PROPOSES $3,000 FINE FOR AVERA MCKENNAN HOSPITAL
The U.S. Nuclear Regulatory Commission staff has proposed a fine of $3,000 against Avera McKennan Hospital, in Sioux Falls, South Dakota, for an incident in which a medical technology student was given a radioactive pharmaceutical without approval by an authorized physician as required by NRC regulations. The student was given technetium-99m, which is used for bone scans, despite the fact that the student was not a patient at the hospital and a physician had not determined that use of the drug was appropriate and necessary. The student was given a quantity of technetium-99m that is normally given to patients for diagnostic studies, and no adverse effects would be expected. The NRC also cited the hospital for its radiation safety officer's failure to conduct an adequate investigation following the incident. In a letter to the hospital's regional president, Fredrick W. Slunecka, NRC Regional Administrator Ellis W. Merschoff emphasized the intentional nature of the violation and the importance of prompt corrective action for violations of this type and significance. The violation has been categorized as a Severity Level III violation, which carries a civil penalty of $3,000. The NRC uses a four-level scale to rate the seriousness of violations, with Severity Level I being the most serious. The violation for failing to conduct an adequate investigation has been categorized as Severity Level IV, which has no civil penalty. Avera McKennan is required to respond to the letter and Notice of Violation with actions the hospital is taking to assure future compliance with regulatory and license requirements. The hospital has 30 days to pay the fine or protest it. If the protest is denied, the company may request a hearing by the NRC.
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