Title 26, Title 26: HEALTH AND VITAL STATISTICS

26:2D-12. Emergency orders; hearing Whenever the department finds that an emergency exists requiring immediate action to protect the public health or welfare, it may issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems nec…

26:2D-13. Actions to prevent violations; injunctions; penalties The department may bring a civil action in the Superior Court to prevent the violation of the provisions of this act or codes, rules or regulations promulgated by the commission and orders of the department and said …

26:2D-14. Service of notice Any notice, order or other instrument issued pursuant to this act may be served personally or by mailing a copy thereof by certified mail directed to the person or legal entity affected. L.1958, c. 116, p. 596, s. 14.

26:2D-15. Existing remedies not impaired No existing civil or criminal remedy for any action which is a violation of any code, rule or regulation of the commission shall be excluded or impaired by this act. L.1958, c. 116, p. 596, s. 15.

26:2D-16. Review Any code, or rule or regulation of the commission or determination or finding of the department shall be reviewable in the Superior Court by a proceeding in lieu of prerogative writ. L.1958, c. 116, p. 596, s. 16.

26:2D-17. Approval of local regulations No ordinance, resolution or regulation concerning unnecessary radiation adopted by any municipality, county or local board of health shall be effective until a certified copy of such ordinance or regulation has been submitted to the commiss…

26:2D-18. Radioactive materials; transportation or storage or detention pending transit; certificate of handling No person shall transport into or through the State, or store, hold or detain pending or during such transit, any of the following materials without first having obtai…

26:2D-19. Submission of information and issuance of certificate a. Any person seeking to obtain such a certificate shall submit to the department, not less than 7 business days prior to the storage or transporting of any of the materials specified in section 1 of this act, the fo…

26:2D-2. Definitions As used in this act, unless the context indicates another or different meaning or intent: (a) "Commission" means the Commission on Radiation Protection created pursuant to this act; (b) "Department" means the Department of Environmental Protection; (c) "Unnec…

26:2D-20. Discharge or threat of discharge of radioactivity; prevention or abatement; recovery of costs In the event of a discharge of radioactivity, or threat thereof, resulting from a radiation source in storage or transit in this State, the department may recover from any ship…

26:2D-21. Rules and regulations Without limiting or impairing in any way the powers heretofore provided by the act to which this act is a supplement, the commission is hereby empowered and directed to adopt, pursuant to the provisions of the "Administrative Procedure Act" P.L.196…

26:2D-22. Violations; penalties; crime of fourth degree; enforcement Any person who violates any provision of this act shall be liable to the penalties contained in P.L.1958, c. 116. Any person who violates any provision of this act shall be guilty of a crime of the fourth degree…

26:2D-23. Obstruction, hindrance, delay or interference of personnel of department in performance of duties No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by the department, its personnel or any of its authorized agents of any du…

26:2D-23.1. Radioactive materials prohibited from transportation or storage in transit It shall be unlawful for any person to transport or store in transit the following radioactive materials in any county in New Jersey which has an average population density exceeding 1,000 pers…

26:2D-23.2. Designation or definition of additional categories or subcategories The department may, pursuant to the "Administrative Procedure Act" P.L.1968, c. 410 (C. 52:14B-1 et seq.), designate or define any categories or subcategories of radioactive material covered under thi…

26:2D-23.3. Certificates of handling Notwithstanding the provisions of sections 1 and 2 of this act, the department may issue "certificates of handling" on a case-by-case basis for radioactive materials covered under this act: a. For compelling reasons involving urgent public pol…

26:2D-23.4. Violations; penalties Any person who violates the provisions of this act shall, in addition to any penalties imposed pursuant to section 13 of P.L.1958, c. 116 (C. 26:2D-13), have all certificates of handling in the possession of that person revoked and shall be ineli…

26:2D-24. Legislative findings and declarations The Legislature hereby finds and declares that the citizens of the State of New Jersey are entitled to the maximum protection practicable from the harmful effects of excessive and improper exposure to ionizing radiation; that the pr…

26:2D-25. Short title This act shall be known and may be cited as the "Radiologic Technologist Act." L.1981, c. 295, s. 2, eff. Oct. 9, 1981.

26:2D-26 Definitions. 3. As used in this act: a. "Board" means the Radiologic Technology Board of Examiners created pursuant to section 5 of P.L.1981, c.295 (C.26:2D-28). b. "License" means a certificate issued by the board authorizing the licensee to use equipment emitting ioniz…

26:2D-27 X-ray technologist licenses. 4. a. Except as hereinafter provided, no person other than a licensed practitioner or the holder of a license as provided in this act shall use x-rays on a human being. b. A person holding a license as a diagnostic x-ray technologist may use …

26:2D-27.1 Additional license required to operate hybrid fusion imaging technology; terms defined. 1. Notwithstanding any other provision of P.L.1981, c.295 (C.26:2D-24 et seq.) to the contrary, a licensed nuclear medicine technologist, upon obtaining an additional license pursua…

26:2D-27.2 Rules, regulations. 2. Within one year of the date of enactment of P.L.2013, c.119 (C.26:2D-27.1 et seq.), the Commission on Radiation Protection shall establish rules and regulations pursuant to the "Administrative Procedure Act" P.L.1968, c.140 (C.52:14B-1 et seq.), …

26:2D-28 Radiologic Technology Board of Examiners. 5. a. There is created a Radiologic Technology Board of Examiners which shall be an agency of the Commission on Radiation Protection in the Department of Environmental Protection and which shall report to the commission. The boar…

26:2D-29 Qualifications. 6. a. The board shall admit to examination for licensing any applicant who shall pay to the department a nonrefundable fee established by rule of the commission and submit satisfactory evidence, verified by oath or affirmation, that the applicant: (1) At …

26:2D-3. Commission on Radiation Protection There is hereby created in the Department of Environmental Protection the Commission on Radiation Protection, which shall consist of 10 members, three of whom shall be the Commissioner of Environmental Protection, the Commissioner of He…

26:2D-30 Training programs. 7. a. The program of diagnostic x-ray technology shall be at least a 24-month course or its equivalent, as determined by the board. The curriculum for this course may follow the Commission on Accreditation of Allied Health Education Programs (CAAHEP) s…

26:2D-31. License examination; in lieu certificate, registration or license a. Each applicant shall be required to pass a license examination designated and approved by the board for his specialty. b. The board shall hold an examination at least once every 6 months at times and p…

26:2D-32. Issuance of licenses a. The board shall issue a license to each candidate who has either successfully passed the examination, or who has paid the prescribed fee and has qualified under subsection d., e. or f. of section 8 of this act. b. The board may, in its discretion…

26:2D-33. Licenses; renewal; duration; fee; radiologic technologist; renewal within 5 years; existing certificates; CXT certification; limited certificate a. All licenses are renewable on December 31 of every even numbered year following the year of its issuance. A license shall …

26:2D-34 Suspension, revocation, censure, or other discipline. 11. a. The license of a radiologic technologist may be suspended for a fixed period, or may be revoked, or the technologist may be censured, reprimanded, or otherwise disciplined, in accordance with the provisions and…

26:2D-35 Employment of unlicensed radiologic technologist, assistant. a. No person shall knowingly or negligently employ as a radiologic technologist any person who requires and does not possess a valid license to engage in the activities of a radiologic technologist. b. No perso…

26:2D-36. Violations; sanctions Any person who violates any provision of this act or any rule, regulation or order promulgated or issued pursuant to the act to which this act is supplementary shall be subject to the sanctions contained in P.L.1958, c. 116 (C. 26:2D-1 et seq.) as …

26:2D-37. Short title This act shall be known and may be cited as "The Radiation Accident Response Act." L.1981, c. 302, s. 1, eff. Oct. 27, 1981.

26:2D-38. Legislative findings and determinations The Legislature hereby finds and determines that the citizens of the State of New Jersey are entitled to the maximum protection possible from any and all threats to their health and welfare which may result from a radiation accide…

26:2D-39. Definitions As used in this act: a. "Department" means the Department of Environmental Protection; b. "Division" means the Division of State Police in the Department of Law and Public Safety; c. "Nuclear facility" means any facility which would pose a threat to the heal…

26:2D-4. Commissioners' terms Commissioners appointed by the Governor shall be appointed for a term of four years commencing on July 1 of the year of appointment, except that of those first appointed, two shall be appointed for terms of one year, one for a term of two years, one …

26:2D-40. State radiation emergency response plan; preparation and adoption; revision and update The department and the division, after consultation with the Departments of Health, Energy, and Transportation and after careful review of all relevant guidelines established by the F…

26:2D-41. Municipality with nuclear facilities or designation as affected municipality; local radiation emergency response plan Every municipality in each county wherein is located one or more nuclear facilities or which is designated as an affected municipality within 6 months o…

26:2D-42. County emergency response plans Every county wherein is located one or more nuclear facilities or which is designated as an affected county, shall, within 6 months of the designation and in conformity with criteria and guidelines established, prepare and submit to the d…

26:2D-43. Powers and duties of department The department is authorized and directed to: a. Carry out all duties and responsibilities established by any memorandum of understanding between the department and the division necessary or incident to the implementation of the plan; b. …

26:2D-44. Powers and duties of division The division is authorized and directed to: a. Carry out all duties and responsibilities established by any memorandum of understanding between the department and the division necessary or incident to the implementation of the plan; b. Exer…

26:2D-45. Duties of department of health The Department of Health shall, within 1 year of the effective date of this act: a. Complete and update annually a study of the public health aspects of nuclear emergency response planning, which study shall include, but not necessarily be…

26:2D-46. Duties of department of transportation The Department of Transportation shall, within 1 year of the effective date of this act: a. Complete a study evaluating all means of transportation serving affected counties and municipalities and, in conjunction with the Departmen…

26:2D-47. Duties of department of energy The Department of Energy shall, within 1 year of the effective date of this act: a. Complete a study and evaluation of all existing emergency energy supplies available to the State and accessible to affected counties and municipalities in …

26:2D-48 Assessment against operator of nuclear electric generating facility; levy and payment. 12. a. In order to defray the expenses of local, county and State agencies in discharging their responsibilities under this act, including those costs associated with the development, …