Title 26, Title 26: HEALTH AND VITAL STATISTICS

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, …

26:2D-48.1 Additional assessment for provision of supplemental security. 2. To defray the costs incurred by the State in providing supplemental security, the State Treasurer shall annually make an assessment against the operator of each nuclear electric generating facility locate…

26:2D-48.2 Operator not liable for assessment under certain circumstances. 3. Commencing with the Fiscal Year 2008, an operator of a nuclear electric generating facility shall not be liable for an assessment under section 2 of P.L.2006, c.35 (C.26:2D-48.1) if, prior to the commen…

26:2D-49. Objections; hearing Within 15 days after the date of mailing a statement as provided in this act, the operator of a nuclear electric generating facility against which the statement is rendered may file with the State Treasurer its objections thereto. Not less than 30 no…

26:2D-5. Compensation of commissioners Commissioners shall serve without compensation but shall be entitled to be reimbursed for expenses necessarily incurred in the performance of their duties. L.1958, c. 116, p. 593, s. 5.

26:2D-50. Determination by state treasurer; amended, invalid or valid statement If, after the hearing, the State Treasurer finds that any part of the charge against the objecting operator of a nuclear electric generating facility is excessive, erroneous, or invalid, he shall tran…

26:2D-51. Prohibition of action to restrain or delay payment; refund after payment No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement rendered in compliance with the provisions of this act. …

26:2D-52. Failure to pay or file objections If any affected operator of a nuclear electric generating facility, to which a statement for the amount assessed against it as provided in this act has been rendered, fails to pay the amount within 30 days, or fails to file with the Sta…

26:2D-53. Rules and regulations The department and the division are authorized in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), to jointly promulgate, adopt, and enforce any rules and regulations necessary or appropr…

26:2D-54. Inspection of buildings and places The department and the division shall have the authority to enter and inspect any building or place for the purpose of determining compliance or noncompliance with the provisions of this act, any rules or regulations adopted pursuant t…

26:2D-55. Continuance and expiration of existing state radiation emergency plan The existing State Radiation Emergency Plan, as contained in the PIPAG Manual (Procedures for Implementing Protective Action Guides), or any other radiation emergency plan approved pursuant to State o…

26:2D-56. Severability If any section, part, phrase, or provision of this act or the application thereof to any person be adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the section, part, phrase, provision, or applicati…

26:2D-57. Violations; penalty; injunction Any person who willfully violates this act or any rule, or regulation promulgated pursuant hereto, including the State Radiation Emergency Response Plan, shall be liable to a penalty of not more than $2,500.00 for each offense, to be coll…

26:2D-58. Advice of Governor's advisory council for emergency services In implementing the provisions of this act, the department and the division shall seek the advice of the Governor's Advisory Council for Emergency Services established pursuant to P.L.1972, c. 133. L.1981, c. …

26:2D-59. Radon gas, progeny study The Department of Environmental Protection shall prepare and transmit to the Governor and Legislature a study concerning the dangers posed to the public health, safety, and welfare by the presence of radon gas and radon progeny in residential dw…

26:2D-6. Organization, officers The commission annually shall organize as soon as possible after July 1, and shall elect a chairman, vice-chairman and a secretary from its own membership. Five members of the commission shall constitute a quorum to transact its business. Codes, ru…

26:2D-60. Voluntary registry The Department of Health shall conduct an epidemiologic study of cancer and the presence of radon gas and radon progeny in residential dwellings and shall maintain a voluntary registry of persons at risk of radiogenic lung cancer. The department shall…

26:2D-61. Monitoring The Department of Environmental Protection and the Department of Health shall coordinate to establish a program of confirmatory monitoring of the presence of radon gas and radon progeny in residential dwellings, utilizing local health officers and the Departm…

26:2D-62. Public information and education program The Departments of Environmental Protection and Health shall also coordinate to establish a public information and education program to inform the public of the potential health effects of the presence of radon gas and radon prog…

26:2D-7. Promulgation of codes, rules or regulations The commission shall have the power to formulate, adopt, promulgate, amend and repeal codes, rules and regulations as may be necessary to prohibit and prevent unnecessary radiation in accordance with the provisions of the "Admi…

26:2D-70. Radon tester certification The Department of Environmental Protection shall within 180 days of the enactment of this act establish a program for the certification of persons who test for the presence of radon gas and radon progeny in buildings. L. 1986, c. 83, s. 1, eff…

26:2D-71. Radon mitigator certification The Department of Environmental Protection shall within 180 days of the enactment of this act establish a program for the certification of persons who mitigate, and safeguard buildings from, the presence of radon gas and radon progeny. L. 1…

26:2D-72. Mandatory programs Beginning 90 days after the establishment of the certification programs by the Department of Environmental Protection pursuant to sections 1 and 2 of this act, no person who is not certified pursuant to section 1 or section 2 of this act, as appropria…

26:2D-73. Confidentiality No person shall disclose to any person, except to the Department of Environmental Protection or the Department of Health, the address or owner of a nonpublic building that the person tested or treated for the presence of radon gas and radon progeny, unle…

26:2D-74. Disclosure to Department of Environmental Protection A person certified pursuant to section 1 or 2 of this act to provide testing or mitigation services shall, within 30 days of the provision of these services, disclose to the Department of Environmental Protection the …

26:2D-75. Fee schedule The department shall establish a fee schedule to cover the costs of the certification programs established pursuant to sections 1 and 2 of this act. L. 1986, c. 83, s. 6, eff. Aug. 14, 1986.

26:2D-76. Rules, regulations The department shall, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations to implement the provisions of this act. L. 1986, c. 83, s. 7, eff. Aug. 14, 1986.

26:2D-77. 3rd degree crimes A person who violates the provisions of section 3, 4, or 5 of this act, or any rule or regulation adopted pursuant thereto, is guilty of a crime of the third degree. L. 1986, c. 83, s. 8, eff. Aug. 14, 1986.

26:2D-78. Not public records For the purposes of P.L. 1963, c. 73 (C. 47:1A-1 et seq.), health data relating to individuals and data relating to radon gas and radon progeny contamination at specific properties, including residential dwellings, gathered pursuant to the provisions …