Section He-P 4035.10 - Statement of Authorities and Responsibilities(a) In addition to the radiation protection program requirements of He-P 4020.04, a licensee's management shall approve in writing as set forth in He-P 4030.01(c) the following: (1) Requests for a license application, renewal, or amendment before submittal to DHHS/RHS;(2) Any individual before allowing that individual to work as an authorized user, authorized nuclear pharmacist, or authorized medical physicist; and(3) Radiation protection program changes that do not require a license amendment and are permitted under He-P 4035.07.(b) A licensee's management shall appoint a radiation safety officer, who agrees, in writing, to be responsible for implementing the radiation protection program. The licensee, through the radiation safety officer, shall ensure that radiation safety activities are being performed in accordance with licensee-approved procedures and regulatory requirements.(c) A licensee's management may appoint, in writing, one or more associate radiation safety officers to support the radiation safety officer. The radiation safety officer, with written agreement of the licensee's management, shall assign the specific duties and tasks to each associate radiation safety officer. These duties and tasks are restricted to the types of use for which the associate radiation safety officer is listed on a license. The radiation safety officer may delegate duties and tasks to the associate radiation safety officer but shall not delegate the authority or responsibilities for implementing the radiation protection program.(d) For up to 60 days each year, a licensee may permit an authorized user, who may be temporarily appointed as a radiation safety officer, or an individual qualified to be a radiation safety officer under He-P 4035.61 and He-P 4035.71, to function as a temporary radiation safety officer and to perform the functions of a radiation safety officer, as provided in He-P 4035.10(g), if the licensee takes the actions required in He-P 4035.10(b), (c), (f), (g) and (h) and notifies DHHS/RHS in accordance with He-P 4035.05(d).(e) A licensee may simultaneously appoint more than one temporary radiation safety officer in accordance with He-P 4035.10(d), if needed, to ensure that the licensee has a temporary radiation safety officer who satisfies the requirements to be a radiation safety officer for each of the different types of uses of byproduct material permitted by the license.(f) A licensee shall establish the authority, duties, and responsibilities of the radiation safety officer in writing.(g) A licensee shall provide the radiation safety officer sufficient authority, organizational freedom, time, resources, and management prerogative; to: (1) Identify radiation safety problems;(2) Initiate, recommend, or provide corrective actions;(3) Stop unsafe operations; and(4) Verify implementation of corrective actions.(h) A licensee shall retain a record of actions taken under He-P 4035.10(a), He-P 4035.10(b), He-P 4035.10(c), and He-P 4035.10(e). A license shall retain a record of actions for 5 years. The record, signed by the licensee management shall include: (1) A summary of the actions taken and a signature of licensee management. The licensee shall retain a copy of authority, duties, and responsibilities of the radiation safety officer as required by He-P 4035.10(e);(2) A signed copy of each radiation safety officer's agreement to be responsible for implementing the radiation safety program, as required by He-P 4035.10(b) and (c), for the duration of the license; and(3) For each associate radiation safety officer appointed under He-P 4035.10(b) and (c), the licensee shall retain, for 5 years after the associate radiation safety officer is removed from the license, a copy of the written document appointing the associate radiation safety officer signed by the licensee's management.N.H. Admin. Code § He-P 4035.10
(See Revision Note at part heading for He-P 4035) #6942, eff 2-1-99; ss by #8800, INTERIM, eff 2-1-07, EXPIRED: 7-31-07
New. #8959, eff 8-7-07
Amended by Volume XXXV, Number 32 Filed August 13, 2015, Proposed by #10897, Effective 7/22/2015, Expires1/18/2016.Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #11011, Effective 1/15/2016, Expires 1/15/2026.Amended by Volume XL Number 24, Filed June 11, 2020, Proposed by #13048, Effective 6/2/2020, Expires 6/2/2030.Amended by Volume XLII Number 45, Filed November 10, 2022, Proposed by #13473, Effective 10/25/2022, Expires 10/25/2032