United States Nuclear Regulatory Commission - Protecting People and the Environment

U.S. Nuclear Regulatory Commission

Technical Assistance Request, Regarding Mediq Imaging, Inc., Providing Service to a Private Practice (Non-licensee) Located within a Hospital

HPPOS-320 PDR-9307060045

Title: Technical Assistance Request, Regarding Mediq

Imaging, Inc., Providing Service to a Private Practice

(Non-licensee) Located within a Hospital

See the memorandum from J. E. Glenn to R. E. Bellamy dated

January 25, 1993. This NMSS memo responds to a technical

assistance request (TAR) from Region I, dated July 16,

1992, regarding Mediq Imaging Associates, Inc., (MEDIQ)

providing service to a private practice (non-licensee)

located within a hospital.

MEDIQ rents space in the cardiology section of Atlanticare

Medical Center in Lynn, Massachusetts. It is in this

rented space that MEDIQ proposed the operation of a mobile

nuclear cardiology laboratory, with the full knowledge of

the Atlanticare administration. There will be no formal

relationship between the established nuclear medicine

program in the hospital and the MEDIQ mobile operation, and

only ambulatory outpatients will be seen in the MEDIQ

nuclear cardiology clinic; none of these patients would be

expected to be returning to a hospital bed following a

nuclear procedure. This program is basically a

continuation of the long-standing mobile clinic that MEDIQ

operated at Union Hospital in Lynn, an institution which is

now closed due to a merger with the Atlanticare facility.

The continuing need for cardiac nuclear medicine in this

community is the basis for this request. That need is even

more profound with the closure of Union Hospital, since the

cardiologists involved have relocated to the Atlanticare

Medical Center, the only remaining hospital in Lynn.

The NMSS responses to the two issues raised in the TAR are

as follows:

1. Clarify whether a mobile licensee can provide

service to a private practice non-licensee) located within

a hospital (institution).

The mobile licensee cannot provide a service to a private

practice non-licensee) located within a licensed hospital

(institution).

2. Is the hospital required to assume responsibility

as the client as specified in 10 CFR 35.29 (c)?

According to the Statements of Consideration regarding 10

CFR 35.29: "When an NRC licensed hospital exercises its

authority to invite a mobile nuclear medicine service to

provide medical service, the NRC will deal with this as

though the licensee has delegated tasks to another

licensee. The NRC licensed hospital, not the mobile

nuclear medicine service, will normally be held responsible

for items of non-compliance that occur at the hospital."

Therefore, since the hospital would need to invite MEDIQ to

perform medical services, the hospital will be required to

assume responsibility as the client.

The intent of 10 CFR 35.12 (a) and 10 CFR 35.29 (c) are to

prevent confusion or conflicting requirements regarding

control of access to byproduct materials. MEDIQ has not

presented any explanation as to why the hospital cannot

assume this responsibility nor how MEDIQ could assure

adequate control of byproduct material given that there

"will be no formal relationship between the established

nuclear medicine program in the hospital and the MEDIQ

operation."

Regulatory references: 10 CFR 35.12, 10 CFR 35.29

Subject codes: 11.3

Applicability: Byproduct Material

Page Last Reviewed/Updated Thursday, March 29, 2012