Title 68, Health, Safety and Environmental Protection

The heads of the appropriate agencies may cooperate with the federal government and/or appropriate regional groups in the administration of this part or any matter pertaining thereto.

This part shall be known and may be cited as the “Radiological Health Service Act.”

(1) As used in this part, unless the context otherwise requires:(1) “By-product material” refers to any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuc…

(a) The commissioner is authorized and empowered to create and maintain within the department a section to be known as the radiological health service. The functions of this service include:(1) The collection of information pertaining to radiological health and the dissemination …

Except as otherwise provided by law, the department is authorized to cooperate with municipal, state, interstate and federal agencies in the administration of this part and in the execution of programs to protect the people from unnecessary or harmful radiation and to promote the…

For the purpose of carrying out this part, the department is authorized to expend such funds as may be made available for this purpose through state legislative appropriation, federal grant-in-aid or gifts or donations made to the department specifically for this purpose.

(a) The commissioner is authorized to promulgate and adopt such rules and regulations as are required elsewhere in this part or are otherwise necessary or desirable to implement this part. Such rules and regulations shall include:(1) Requirements and standards regarding the manuf…

The commissioner is authorized to make such inspections and examinations of the manufacture, use, receipt, possession, storage and disposal of radiation sources which are subject to this part as the commissioner deems proper, and for this purpose has the right to enter at any rea…

(a) Every person receiving ownership or possession of one (1) or more radiation machines shall register with the radiological health service within ten (10) days of such receipt on forms to be provided for this purpose. (b) Any change in ownership, location, or use of any radiati…

(1) No person shall be required to register due to the ownership or possession of the following:(1) Electrical equipment not primarily intended to produce radiation and which does not produce radiation at any point which may be occupied by a person at a rate exceeding three-fourt…

Information obtained from studies made in accordance with this part shall not be admissible in evidence in any action at law to recover damages for personal injury or in any action under the Workers' Compensation Law, compiled in title 50, chapter 6.

This part shall not be construed as repealing any laws of this state relating to radiation sources or exposures, radiation protection or professional licenses but shall be held and construed as auxiliary and supplementary thereto.

(a) Any person violating any of this part, any order issued in accordance with this part, or any rule, regulation or standard adopted pursuant to this part, or failing to pay a lawfully levied fee, commits a Class A misdemeanor. Each day of continued violation constitutes a separ…

In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules and regulations …

(a) Upon receipt of information that any person is or may be in violation of any of this part or the rules and regulations adopted thereunder, the commissioner may request that such person appear informally and show cause why enforcement action should not be taken. Show cause mee…

(a) This section applies to operators of radiation machines used for medical purposes on human beings (“medical radiation machines”) and is supplementary to the other provisions of this chapter. (b) During the course of conducting inspections of medical radiation machines, the de…

The commissioner shall establish procedures to ensure that information supplied to the department, as provided by this part, and defined as proprietary by regulation, is kept confidential and is not revealed to any person without the consent of the person supplying such informati…

(1) The following definitions apply in the interpretation and enforcement of this part:(1) “Commissioner” refers to the commissioner of environment and conservation or the commissioner's designated representative;(2) “Department” refers to the department of environment and conser…

The commissioner may, upon the commissioner's own initiative or upon the complaint in writing of any citizen, inspect any property within the commissioner's jurisdiction for the presence of dangerous and improperly safeguarded radiation sources.

If the inspection reveals the presence of such dangerous and improperly safeguarded radiation sources, the commissioner shall issue an emergency order demanding the same be removed and properly disposed of or the situation otherwise remedied and such order shall be complied with …

If any person fails to comply with the order and within the time affixed by the order, then the commissioner shall cause such radiation sources to be removed and properly disposed of or the dangerous situation otherwise remedied at the expense of such person.

If such person within thirty (30) days thereafter fails, neglects or refuses to pay the department the expense thereby incurred by it, the commissioner shall certify the expense to the commissioner of finance and administration for payment.

(a) The expense so paid, together with twenty-five percent (25%) penalty thereon, shall be a lien on the property, including the real estate on which the property is located, and except the lien for taxes assessed and due the state, county and city wherein the property is located…

The commissioner is authorized to institute legal proceedings, within thirty (30) days after such nonpayment, to enforce the lien in any court of record, and the commissioner may join one (1) or more parties occupying the same or different premises in the same action.

This part shall not be construed as repealing any laws of this state relating to radiation sources or radiation protection.

(a) Any person violating any of this part, any order issued in accordance with this part or any rule, regulation or standard adopted pursuant to this part commits a Class A misdemeanor. Each day of continued violation constitutes a separate punishable offense. (b) Any person who …

In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the provisions of this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rule…

(a) Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner may request that such person appear informally and show cause why enforcement action should not be tak…

(1) As used in this part, unless the context otherwise requires:(1) “By-product material” means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear…

(a) The commissioner may require the posting of a bond by an existing specific licensee by amendment to an existing license or by a person making application for a new specific license to assure the availability of funds to the state in the event of abandonment, insolvency or oth…

An acceptable bond shall be a bond issued by a fidelity or surety company authorized to do business in this state, a personal bond supported by such collateral as the commissioner shall deem to be satisfactory, or a cash bond in an amount to be determined by the commissioner.

(a) The bonds obtained by specific licensees shall be payable to the state of Tennessee and shall remain effective for a reasonable period of time, to be determined by the commissioner, following the expiration of the license covered by the bond. (b) The commissioner may revoke a…

(a) At any time during the life of a bond, the commissioner may order forfeiture of the bond based upon the commissioner's determination of abandonment, insolvency, or other inability of the specific licensee to perform to the satisfaction of the commissioner. (b) All forfeited b…

The commissioner shall inform a specific licensee in writing delivered by certified mail of the commissioner's determination pursuant to § 68-202-402 or § 68-202-405 and the reasons therefor, including references to any radiological surveys which may have been conducted by the de…

(a) In addition, the state may acquire voluntary contributions, donations, or other transfers from the specific licensee, or third persons, including other governmental agencies, in order to provide the necessary services to protect the public health, safety or welfare at contami…

The funds deposited in the radiation reclamation trust fund and the perpetual care trust fund shall accrue at the best possible rate of interest so as to defray the anticipated expenses of providing the necessary services to protect the public health, safety or welfare.

The commissioner may enter into leases, licenses, or contracts with any person to furnish the requisite services and products for decontamination, reclamation, source removal and disposal, surveillance, and perpetual care over an abandoned, inoperative, or decommissioned facility…

(a) Recognizing the uncertainty of the existence of a person or corporation in perpetuity and further recognizing the obligation of the state to protect the public health, safety and welfare, all lands, buildings, and assets acquired by the state under this part shall be held in …

The forfeiture of a bond under § 68-202-405 is not the exclusive remedy of the state and proceedings may be instituted to recover expenditures made by the department which were in excess of the forfeited bond and other deposits made by the specific licensee. Upon approval by the …

All state agencies and practitioners of the healing arts, except those holding radium 226 therapeutic licenses, are exempt from the requirements of this part. The commissioner is authorized to exempt by rule, regulation, or order based upon such rule or regulation, other classes …

The commissioner shall adopt, promulgate, and enforce such rules and regulations as necessary to implement and enforce this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

This part is declared to be cumulative and is intended to supplement existing laws, and shall not be construed to repeal any existing law specifically enacted for the protection of the public health, safety or welfare.

(a) Any person violating any of this part, any order issued in accordance with this part or any rule, regulation or standard adopted pursuant to this part commits a Class A misdemeanor. Each day of continued violation constitutes a separate punishable offense. (b) Any person who …

(1) In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the provisions of this part by instituting legal proceedings to enjoin the violation of this part, and the orders, …

(a) Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner may request that such person appear informally and show cause why enforcement action should not be tak…

This part shall be known and may be cited as the “Medical Radiation Inspection Safety Act.”