Minutes
Radiation Advisory Board Meeting
May 25, 2011
Perimeter Center, Conference Center, Board Room 3
9960 Mayland Drive
Richmond, VA
Members Present: Stanley H. Benedict, Ph.D., Karen Cole Dameron, DDS, Frances West
Porter, James R. Thornton, Bing Nguyen, M.D. and Sebastiana Gagliano Springmann, DDS
Members Absent: Andrew C. Boone, Jr., Panos P. Fatouros, Ph.D., Drexel Nelson Harris and
Edway R. Johnson
Ex Officio Members Present: Keri Hall, M.D., M.S., Director, Office of Epidemiology
representing, Karen Remley, M.D., M.B.A., FAAP, State Health Commissioner; Courtney M.
Malveaux, Commissioner, Department of Labor and Industry; Charles Broadus, DVM, ,
representing Matt Lohr, Commissioner, Department of Agriculture and Consumer Services Greg
Britt, representing Michael Cline, Emergency Coordinator, Department of Emergency
Management and Leslie Romanchik, representing David K. Paylor, Director, Department of
Environmental Quality and Tom Grose, representing John T. Wells, Director, Virginia
Institute of Marine Science
Staff Present: Maureen Dempsey, M.D., Deputy Commissioner for Public Health, Leslie Foldesi,
Director, Division of Radiological Health Program, Stan Orchel and Mike Welling Division of
Radiological Health and Ron Graham, Department of Labor and Industry;
Visitor Present: Terry Eastman
Call to Order
Dr. Keri Hall called the meeting to order at 10:00 a.m. All attendees present were acknowledged
with a brief introduction.
Dr. Hall asked if there were any additional items to be included on the agenda as presented; none
were added, and Mr. Thornton moved the adoption of the agenda, second by Dr. Dameron, and
the agenda was approved.
Dr. Hall informed the Board that the meeting of November 10, 2010 did not have a quorum, so the
minutes of the previous meeting held on May 12, 210 could not be approved. Our Assistant
Attorney General was consulted regarding new board members voting on approval of meeting
minutes for a meeting that they did not attend. The guidance provided indicated that it is
appropriate for board members to vote on approving minutes for meetings that they had not
attended.
Mr. Thornton moved the motion for approval of the minutes for the May 12, 2010 meeting and
second by Dr. Benedict. The minutes were approved as presented.
Radiation Advisory Board Meeting
Meeting Notes – May 25, 2011
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Mr. Thornton moved the motion for approval of the minutes for the November 10, 2010 meeting
and second by Dr. Benedict. The minutes were approved as presented.
Report from the Division of Radiological Health, VDH- Leslie Foldesi, Division Director
Les Foldesi provided an overview of the Division’s activities and topics, specifically rule-making,
Emergency Preparedness and Environmental Monitoring.
With respect to rule-making, the agency published a Notice of Regulatory Action to amend the
Radiation Protection Regulations to adopt model regulations for diagnostic and therapeutic X-ray
machines. The proposed regulation is under management review.
The fee schedule for radioactive materials is in executive review. The State Health Commissioner
acting on behalf of the Board of Health approved the proposed fee schedule for the Fast Track
process. The proposed fee schedule includes provisions for reducing the fees for many licensees
that received a small business fee reduction under the Nuclear Regulatory Commission.
Stan Orchel provided an overview of the X-ray Machine Program and Mike Welling provided an
overview of the Radioactive Materials Licensing and Inspection Program.
Staff fielded questions regarding the regulation of uranium milling facilities and mining, X-ray
machine inspections and locations of environmental samples collected.
Old Business
There was no old business brought before the meeting.
Opportunity for Public comments
Terry Eastman, who has a private consultant service, stated that the Radiological Technologists are
not using technique charts as required by Radiation Protection Regulations adopted in 2006.
Further commenting that Radiological Technologists are the health professionals most likely
applying radiation to patients.. Mr. Eastman also cited the New York Times articles regarding over
exposure of radiation to patients and maintains the use of technique charts would prevent patient
exposure and reduce the number of re-takes. Mr. Eastman was also concerned that a Radiological
Technologist was not appointed to the Radiation Advisory Board.
New Business
Dr. Hall requested from the membership any new issues that they would like to bring to the
agency’s attention; however, she wanted to discuss the need for By-Laws for the Advisory Board,
which may provide guidance for situations as not having a quorum.
Discussion
Mr. Thornton indicted that he likes the notion of By-laws for the Board. He noted that the technical
qualifications of the Board raised the level of expertise and the staff’s presentation provided a
grounded basis of the program’s activity for the Board.
Dr. Benedict asked if there is a template and Dr. Hall indicated that the agency would provide one.
Dr. Dameron suggested that a person who assisted on another board that she sits on may be
helpful.
Dr. Hall stated that the agency’s legislative liaison would be consulted in the development
of the By-laws and offer a draft to the Board members for their review.
Ms. Porter expressed concern that the Board meets only twice a year and approval of Bylaws could take some time.
Dr. Dempsey mentioned that conducting meetings via email will need to be investigated.
Mr. Thornton had indicated a concern when a member can speak on behalf of the Board.
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Meeting Notes – May 25, 2011
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Dr. Benedict moved the motion for creation of By-laws and Charter for the Radiation Advisory
Board and second by Dr. Dameron. The motion was approved.
Mr. Thornton asked about a target date for the By-laws.
Mr. Broadus asked if the Radiation Advisory Board was going to be eliminated. Dr. Dempsey
indicated that all advisory boards are under review.
Dr. Nguyen asked what program activities and policies that the Radiation Advisory Board
should review. The Board was provided a copy of the section from the Code of Virginia
which describes the membership and role of the Radiation Advisory Board.
Dr. Benedict asked if the agency regulates lasers. Staff indicated that the state does not
regulate non ionizing radiation devices such as lasers, MRI, ultrasound and microwave
ovens
.
Dr. Nguyen asked for a copy of Federal Emergency Management Agency (FEMA)
findings on the next evaluated nuclear power plant exercise.
Dr. Benedict requested whether the staff could provide information regarding radiological
incidents or mis-administrations so the Board can review for lesson learned. His
suggestion was that the Board be updated on these events as a regular basis to review
possible steps that the Board could recommend to prevent future similar events.
Dr. Hall indicated the Board will need to weigh the role of the Board versus scope of
clinical practice when addressing issues as it’s important to differentiate between the two..
Next meeting
Tentatively set for November 16, 2011.
Adjournment at 11:45 am
Radiation Advisory Board Meeting
Meeting Notes – May 25, 2011
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