Mid-Atlantic Health Law TOPICS

Between April and June 2009, the Maryland Department of the Environment (MDE) issued 112 enforcement actions against Maryland dentists, hospitals, and other health care providers for alleged violations of State regulations governing the use of x-ray machines and radioactive materials. MDE agreed to settle the violations for penalties ranging from $250 to $7,500. MDE's Radiological Health Program oversees the use of radiation machines, including x-ray machines, and radioactive materials. Its mission is to protect the public health and the environment from inadvertent radiation exposure.

To accomplish its goals, MDE registers radiation machine facilities, licenses radioactive materials, and inspects radiation machines to ensure the machines are performing in accordance with specifications and that operators are following appropriate safety procedures. Failure to comply with radiation licensing and operational requirements may subject a facility to an enforcement action by MDE.

The recent enforcement actions represent an increase over prior months. The enforcement actions are part of a concerted effort by MDE to reduce a backlog of radiation enforcement cases and to improve compliance by facilities that use radiation machines and radioactive materials.

A facility can reduce its chances of being the subject of an enforcement action by improving its knowledge of the regulations regarding radiation machines and radioactive materials, making sure its licenses remain current, and by diligently following all safety requirements when using radiation machines and radioactive materials.