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 Currently, North Carolina regulates accelerators by blending outdated accelerator rules with the practice of applying and interpreting the Federal regulations used to regulate teletherapy machines using radioactive materials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 Using outdated accelerator rules to regulate the use of modern accelerators and applying rules developed for regulating the use of radioactive materials in an entirely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.
- Notification of proposed readoption/amendment/repeal of rules
- Proposed Effective Date: October 1, 2025
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Public Comment Period: April 1, 2025 – June 2, 2025
Comments may be submitted by:- Email: [email protected]
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Mail: Shanah Black, Division of Health Service Regulation, 809 Ruggles Drive, 2701
Mail Service Center, Raleigh, NC 27699-2701
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Public Hearing:
- Date: May 1, 2025
- Time: 10:00 am
- Location: Dorothea Dix Park, Edgerton Building, Room 026, 809 Ruggles Drive, Raleigh, NC 27603
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The fiscal note was approved by:
- OSBM on February 27, 2025
- N.C. Radiation Protection Commission on
- Rule Fiscal Note
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The notice of text approved by the N.C. Radiation Protection Commission on February 28, 2025:
- 10A NCAC 15 .0501
- 10A NCAC 15 .0608
- 10A NCAC 15. 0609
- 10A NCAC 15 .0802
- 10A NCAC 15 .0803
- 10A NCAC 15 .0901
- 10A NCAC 15 .0902
- 10A NCAC 15 .0903
- 10A NCAC 15 .0904
- 10A NCAC 15 .0905
- 10A NCAC 15 .0906
- 10A NCAC 15 .0907
- 10A NCAC 15 .0908
- 10A NCAC 15 .0909
- 10A NCAC 15 .0910
- 10A NCAC 15 .1901
- 10A NCAC 15 .1902
- 10A NCAC 15 .1903
- 10A NCAC 15 .1904
- 10A NCAC 15 .1905
- 10A NCAC 15 .1906
- 10A NCAC 15 .1907
- 10A NCAC 15 .1908
- 10A NCAC 15 .1909
- 10A NCAC 15 .1910
- 10A NCAC 15 .1911
- 10A NCAC 15 .2001
- 10A NCAC 15 .2002
- 10A NCAC 15 .2003
- 10A NCAC 15 .2004
- 10A NCAC 15 .2005
- 10A NCAC 15 .2006
- 10A NCAC 15 .2007
- 10A NCAC 15 .2008
- 10A NCAC 15 .2009
- 10A NCAC 15 .2010
- 10A NCAC 15 .2011
- Procedure for subjecting a proposed rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1) . The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.
- The effective date of these rules is October 1, 2025.