2011 Individual Actions
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On February 23, 2011, the NRC issued an Order prohibiting involvement in NRC licensed activities to Dr. Gary Kao in order to provide the NRC with reasonable assurance that the protection of public health and safety will not be compromised until such time that Dr. Kao provides NRC with sufficient information relative to the corrective actions he has taken to address his part in the medical events that occurred at the VA Philadelphia Medical Center from February 2002 through June 2008, and resulting identified violations (EA-09-038). Specifically, the Order prohibits Dr. Kao’s involvement in any NRC licensed activity until rescinded by the NRC, contingent upon Dr. Kao’s completing specialized training, demonstrating the ability to correctly identify and report medical events, and providing other documentation to the NRC supporting completion of the requirements specified in the Order. The Order noted that Dr. Kao voluntarily stopped performing brachytherapy treatments and committed to take all necessary and appropriate steps to ensure that he was current on all applicable requirements should he perform brachytherapy treatments in the future. The Order will be effective 20 days after it is published in the Federal Register.
On February 22, 2011, the NRC ASLB Hearing Board issued a Memorandum and Order accepting a Settlement and Dismissing the Hearing Proceeding in the matters of Mattingly Testing Services, Inc., (MTS) Order Revoking License (EA-10-100) and Mark M. Ficek Order Prohibiting Engagement in NRC-licensed Activities (IA-10-028) that were both issued on September 2, 2010. Specifically, the NRC staff and two parties, employees of MTS, who had requested a hearing on the September 2 Orders had agreed to a settlement on February 4, 2011, in lieu of continuing the hearing proceeding. The Settlement Agreement was forwarded to the ASLB and approved. The February 22, 2011 Board Order superseded the September 2, 2010 Order Revoking License issued to MTS and the Order Prohibiting Engagement in NRC-licensed Activities issued to Mark M. Ficek. The Order and Settlement included the following terms and conditions: (1) the MTS license remains revoked and parties agree that it will not be reinstated; (2) Mr. Ficek is prohibited from engaging in NRC-licensed activities until September 2, 2017 (the settlement further defines NRC-licensed activities); (3) for a three year period after September 2, 2017, Mr. Ficek is required to notify NRC of employment involving NRC-licensed activities; (4) Mr. Ficek is allowed non-controlling ownership in an NRC licensee, subject to conditions specified in the settlement prohibiting Mr. Ficek’s engagement in licensed activities; (5) Mr. Ficek is allowed to own and/or sell the radiographic exposure devices that were listed on the former MTS license, subject to conditions specified in the settlement; and, (6) that all parties agree that all further procedural steps before the ASLB and any right to challenge or contest the validity of the Board Order entered into in accordance with the Settlement Agreement, and all rights to seek judicial review or otherwise contest the validity of the Board Order are expressly waived.