Radiation Protection Rules

Pursuant to G.S. 150B-21.3A, Periodic Review and Expiration of Existing Rules, all rules are reviewed at least every 10 years, or they shall expire. As a result of the periodic review of the rules in Chapter 10A NCAC 15, Radiation Protection, these 39 rules were part of the 257 rules from the N.C. Radiation Protection Commission determined as “Necessary” requiring readoption. With input from advisory committees, working groups of the N.C. Radiation Protection Commission and stakeholders, substantive changes are proposed for 10 rules for readoption, five rules for amendment, two rule for repeal through readoption, and 22 rules are proposed for adoption.

These rules are necessary to regulate the therapeutic use of accelerators (radiation generating devices) used to treat cancer and disease in people and in animals. Currently, North Carolina regulates accelerators by blending outdated accelerator rules with the practice of applying and interpreting the Federal regulations used to regulate teletherapy machines using radioactive materials found in 10 CFR Part 35.600 for this purpose. The existing accelerator rules, 10A NCAC 15 .0608, .0609, and Section .0900 are inadequate and have not been updated since 1994. A couple have not been updated since 1980 when the rules were first enacted. Many changes in technology and therapy techniques have been developed over the last thirty-plus years. Using outdated accelerator rules to regulate the use of modern accelerators and applying rules developed for regulating the use of radioactive materials in an entirely different type of device is inefficient, confusing, and contrary to NC General Statute 150B-18: the agency is using a policy, interpreting rules from one technology to apply to a different technology, in lieu of rules for the technology being regulated.