§ 5N — State radiation control agency; radioactive hazards of sources emitting ionizing and nonionizing radiation

Section 5N. Except as otherwise provided in this section, the department is hereby designated as the state radiation control agency. The department shall develop and, from time to time, after a public hearing, prescribe and establish rules and regulations, compatible or consistent, whichever appropriate, with federal rules and programs, necessary to implement a program for the evaluation and control of the radioactive hazards of radioactive materials and of machines which emit ionizing and nonionizing radiation and for the issuance, amendment, suspension and revocation of general and specific licenses for by-product, source and special nuclear material or devices or equipment utilizing such material, for the purpose of protecting the general public and individuals against hazards associated with the possession, use, transportation, storage, packaging, sale, distribution, production, and disposal thereof. The department may also require registration of other sources of ionizing and nonionizing radiation and may exempt certain sources of radiation or kinds of use or users from the licensing or registration requirements established under this section where it determines that the exemption of such sources of radiation or kinds of use or users will not constitute a significant risk to public health or safety. The programs of the department established pursuant to this section shall be compatible with federal programs for regulation of by-product, source and special nuclear materials and consistent with federal programs for regulation of radiation generating equipment. The department shall promulgate rules and regulations that will ensure optimum exposure ranges for safe and effective diagnostic radiographic examinations. Such rules and regulations shall be no less stringent than the most current standards and guidelines developed by the National Council on Radiation Protection and Measurements, the American College of Radiology, the Conference of Radiation Control Program Directors and other pertinent national and international organizations. Such rules and regulations shall not limit the intentional exposure of patients to radiation for the purpose of lawful therapy or research conducted by licensed health professionals. Such rules and regulations shall be filed with the state secretary at least thirty days prior to their effective date and shall become effective thirty days thereafter unless a later effective date is specified by the department.Nothing in this section shall prevent the department of labor standards from establishing rules and regulations for the protection of the health and safety of employees against ionizing radiation in any place of employment as defined in section one of chapter one hundred and forty-nine. Said department of labor standards shall consult with the department of public health at least thirty days prior to the adoption or modification of any rules or regulations insofar as they pertain to the health aspects of ionizing and nonionizing radiations.The department of public health shall establish rules and regulations of the commonwealth insofar as they pertain to the health aspects of ionizing and nonionizing radiation. Such rules and regulations shall apply exclusively throughout the commonwealth.The duly authorized inspectors of the department shall have the power to enter at all reasonable times upon any private or public property subject to its jurisdiction for the purpose of determining whether there is compliance with or violation of sections five N to five Q, inclusive, or any rule, regulation, license, registration or order adopted or issued thereunder.