NRC PROPOSES $43,200 FINE AGAINST EASTON, PA., COMPANY
FOR DELIBERATE VIOLATIONS OF NRC REQUIREMENTS
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An NRC inspection conducted in November and December of last year and a subsequent investigation by the agency’s Office of Investigations found that the company deliberately used NRC-licensed materials and conducted NRC-licensed activities between March and November 2001 without a required authorized user or radiation safety officer. The NRC found that when a consulting physicist assisted in preparing the NRC license application in October 2000, the company’s vice president provided him with the name of a physician to perform the duties of authorized user and radiation safety officer. The license was issued in February 2001. Between then and November, NRC-licensed radioactive materials were used in nearly 600 treatments. However, an audit conducted by the consultant in October 2001 revealed that the authorized user and radiation safety officer had not been signing documents required by procedures since the license was issued. Despite that, NRC-licensed activities continued until an NRC inspection on November 30.

On December 14, the NRC issued an order suspending the license of Advanced Medical Imaging. The NRC has lifted the order suspending the license concurrent with the issuance of this enforcement action because the company has put into place corrective actions to prevent recurrence of the violations, including adding qualified individuals to the staff at Advanced Medical Imaging to perform the functions of authorized user and radiation safety officer.

The company was cited for three violations of NRC requirements for which a civil penalty is assessed: using byproduct material for medical use without an authorized user; failing to appoint a radiation safety officer; and creating incomplete and inaccurate records. Normally, a civil penalty of $4,800 would be assessed for such violations. However, in this case, a base fine of $4,800 was assessed for the violations that occurred between March and October. An additional civil penalty of $4,800 per week has been assessed for the violations that occurred after the consultant raised the issue in October 2001.

The NRC issued orders to the company’s vice president, Kenneth M. Baab, and the chief operating officer, Chitranjan Patel, barring them from taking part in NRC-licensed activities for one year, beginning on December 14, 2001 -- the date of the NRC order suspending the license of Advanced Medical Imaging.

The company has 30 days to respond to the notice of violation in writing. The vice president and chief operating officer have 20 days to request hearing on the orders issued to them. This enforcement action will be posted on the NRC's web site at www.nrc.gov/about-nrc/regulatory/enforcement/current.html#materials.

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Monday, December 08, 2008