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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
AIR QUALITY, ENERGY AND SUSTAINABILITY
DIVISION OF CLIMATE, CLEAN ENERGY AND RADIATION PROTECTION
COMMISSION ON RADIATION PROTECTION

Notice of Rule Proposal
Radiation Protection Programs, N.J.A.C. 7:28

PUBLIC NOTICE
Take notice that the NJ Department of Environmental Protection and the Commission on Radiation Protection are proposing amendments, repeals, recodification, and new rules related to the Agreement State program, the education and licensing of radiologist assistants and an increase in licensing fees for fusion imaging CT technologists and nuclear medicine technologists.

The proposed amendments to the Agreement State portion of the rules are required in order to make New Jersey’s regulations adequate and compatible as compared to those of the U.S. Nuclear Regulatory Commission (NRC).  The proposed amendment to subchapter 1.6 addresses an NRC comment which stated that licensees would be confused as to when to follow NRC rules and when to substitute Department rules when they are different.  Therefore, 1.6 (f) has been amended to address this comment.  The Department proposes to amend N.J.A.C. 7:28-61.1, Packaging and Transportation of Radioactive Materials to correct mistakes from previous incorporations that the NRC did not identify in its initial review of this subchapter.  The NRC also sent out a letter to all Agreement States indicating that it is the States that will issue a General License to any licensee that uses Type B packaging rather than exclusively the NRC.  At present New Jersey does not have any licensees of this type but proposes the revisions in case applications are received in the future.   Proposed amendments to N.J.A.C. 7:28-12.13 are to correct the mailing address of the Bureau of Environmental Radiation.  Proposed amendments to N.J.A.C. 64, Radioactive Materials License Fees allow the Department to round to the nearest $5 for reciprocity fees and for the annual adjustment of fees as per N.J.A.C. 64.10.

The proposed rules in N.J.A.C. 7:28-19 relate to a new license category entitled radiologist assistant which includes the educational, licensing, and fee requirements to be licensed as a radiologist assistant.  The proposed rule has requirements for radiologist assistant schools who assign radiologist assistant students to New Jersey for clinical education.  The radiologist assistant license will permit a licensed diagnostic radiologic technologist to perform fluoroscopic procedures as permitted by regulation and the level of supervision required by the Board of Medical Examiners (BME).  The proposed rules in N.J.A.C. 7:28-24.11 relates to a new fee schedule of licensing of fusion imaging CT technologists and  nuclear medicine technologists.

The proposal is scheduled to be published in the New Jersey Register dated December 2, 2019.  A copy of the proposal is available from: the DEP website at http://www.nj.gov/dep/rules/proposals/20191104a.pdf and LexisNexis free public access to the New Jersey Register, www.lexisnexis.com/hottopics/njoal.

Written comments may be submitted electronically by January 31, 2020 at www.nj.gov/dep/rules/comments; or
In hard copy to:

Alice A. Previte, Esq.
ATTN: DEP Docket No. 05-19-10
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402

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Last Updated: February 9, 2021