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NRC ORDER – NOVCP (SL II & SL III) $227,500

EA-09-038 · ORDER · Severity SLII · Issued 2010-03-17 · Materials Licensees

Action

EA Number
EA-09-038
Licensee
NOVCP (SL II & SL III) $227,500
Category
Materials Licensees
Action type
ORDER
Severity level
SLII
Date issued
2010-03-17

Description

On March 17, 2010, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $227,500 to the U.S. Department of Veterans Affairs for violations related to activities at the Philadelphia Veterans Affairs Medical Center (PVAMC). The following areas of violation were identified: (1) Severity Level II violations of 10 CFR 35.41(a)(2) for failure to develop, implement, and maintain written procedures to provide high confidence that each administration is in accordance with the written directive, resulting in a total of 74 prostate brachytherapy treatments where the administered radiation dose was not in accordance with the written directive; (2) a Severity Level II violation of 10 CFR 35.41(b)(2) for failure to have procedures that addressed verifying that the administration was in accordance with the applicable treatment plan and written directive , resulting the licensee administering at least 16 prostate brachytherapy treatments without performing post-treatment verifications until a prolonged period of time had passed; (3) a separate Severity Level III violation of 10 CFR 35.41(b)(2) related to the the licensee's failure to identify that the treatment plan for a brachytherapy treatment differed from the written directive, resulting in the wrong seeds being ordered and administered; (4) a Severity Level III problem involving violations of 10 CFR 35.27(a)(1) and 19.12(a)(4) for failing to instruct individuals about procedures, 10 CFR Part 35 and licensing requirements, and prompt reporting of conditions that resulted in to two medical physicists not being instructed in the requirements for identifying and reporting medical events (10 CFR 35.2 and 35.3045) and an authorized user physician not being instructed of his responsibility to report to the licensee any condition that may lead to or cause a violation; (5) a Severity Level III violation of 10 CFR 35.3045(c) for failure to report to the NRC Operations Center no later than the ne

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