Law, Regulations, and Guidance

Laws provide in general terms the authority and responsibilities that state agencies have. The General Assembly passes legislation that then becomes law and is incorporated in to the Code of Virginia.

Regulations provide specific requirements that are authorized or required by law. State agencies seek comments from the public and those interested parties who are affected by how a law is implemented.  This process is called the Administrative Process Act. All regulations are complied into a single document called the Virginia Administrative Code.

Guidance are agency polices or decisions that describe how one may comply with a regulation.  Agency staff prepare guidance documents that inform the regulated community how best one may comply with a regulation.

Radiation Laws

The State's primary statutory authority for a radiation control program is designated the Radiation Control Act and is defined in the Code of Virginia Section 32.1-227 et. al.

The following link will take you to a searchable database at the Code of Virginia.

The following links are specific sections of the Radiation Control Act:

• § 32.1-227. Definitions.
• § 32.1-228. Exemption.
• § 32.1-228.1. Department designated state radiation control agency; powers and duties.
• § 32.1-229. Powers and duties of the Board.
• § 32.1-229.01. Companies listed as proficient to perform radon screening, testing or mitigation; compliance.
• § 32.1-229.01:1. Action for damages.
• § 32.1-229.1. Inspections of X-ray machines required; Radiation Inspection Reports; fees; qualification of inspectors.
• § 32.1-229.2. Costs of inspection conducted by Health Department; fees to be used to support program.
• § 32.1-229.3. Licensing of radioactive material.
• § 32.1-230. Further powers of Board.
• § 32.1-231. Bonds of licensees.
• § 32.1-232. Radioactive Material Perpetual Care Trust Fund.
• § 32.1-232.1. Special Trust Fund for Radioactive Materials Facility Licensure and Inspection created.
• § 32.1-233. Radiation Advisory Board; composition; duties generally.
• §32.1- 234; Repealed by 1987 General Assembly
• § 32.1-234.1. Enforcement.
• § 32.1-235. Authority of Governor to enter into agreements with federal government; effect on federal licenses.
• § 32.1-236. Authority of Board to enter into agreements with federal government, other states or interstate agencies; training programs for personnel.
• § 32.1-237. Effect upon local ordinances, etc.
• § 32.1-238. Impounding sources of ionizing radiation.

There are additional laws in the Code of Virginia that address radiological issues, such as:

• Using X ray, fluoroscope, etc., in the fitting of footwear § 18.2-321.

It shall be unlawful for any person to use any X ray, fluoroscope, or other equipment or apparatus employing roentgen rays, in the fitting of shoes or other footwear. This section shall not apply to any licensed physician or surgeon in the practice of his profession. Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.

Regulations

The Radiation Protections Regulations are included in the Virginia Administrative Code (VAC), which is a compilation of all state regulations.  The designation for the inital regulation (1988) was 12VAC5-480. This sesction was repealed and replaced with 12VAC5-481 in 2008. This link will take you to a searchable database for the Virginia Administrative Code.

The following link will take you directly to the Radiation Protection Regulations: Title 12, Agency 5, Chapter 481

A pdf file is now available for down loading 12VAC5-481 effective November 1, 2008.

Please note that Chapter 480 was abolished and replaced by Chapter 481. Chapter 481 was revised effective November 1, 2008 to satisfy Nuclear Regulatory Commission's requirements for Virginia to enter into an agreement for the regulation of radioactive materials.

The following link will take you directly to the Radiation Protection: Fee Schedule: Title 12, Agency 5, Chapter 490

Guidance Documents

The guidance documents for the Radiological Health Program are kept on file in the Office of Epidemiology and may also be downloaded from this web page.  The following list includes the document number, title, date, and regulatory authority:

EPI-700, Bulletin: Guidance for the Retention of X-ray Records, Re-issued July 1, 2005, 12VAC5-480-8450.  EPI-700

EPI-701, Bulletin: Revised Policy on Exposure Control Location and Operator Protection, issued May 1, 1999, 12VAC5-480-8490.  EPI-701-page1.doc  and EPI-701-page 2.doc

EPI-705, Bulletin: Policy on Bone Densitometry Equipment and Operator Licensure, issued November 1, 1999, 12VAC5-480-8450  EPI-705.doc

EPI-706, Bulletin: Guidance on Healing Arts Screening Programs, issued April 17, 2002, 12VAC5-480-8450.  EPI-706.doc

EPI-707, Bulletin: Guidance on Film Processing Chemicals: Disposal or Reclamation, issued February 15, 2001, 12VAC5-480-8450.  EPI-707.doc

EPI-708, Bulletin: Guidance For Inspections at Mammography Facilities, issued April 15, 2001, Code of Virginia Section 32.1-229-C  EPI-708.doc

EPI-709, Bulletin: Guidance For Mammography Facilities Regarding Patient Notification Requirements: Poor Quality Mammograms, issued April 15, 2001, Code of Virginia Section 32.1-229-C  EPI-709.doc

EPI-710, Bulletin: Guidance on Radon Testing and Mitigation, issued April 15, 2001, Code of Virginia Sections 32.1-229 and 32.1-229.01  EPI-710.doc

EPI-711, Bulletin: Guidance for Citizens with Complaints Against a Radon Professional, issued April 15, 2001, Code of Virginia Sections 32.1-229 and 32.1-229.01  EPI-711.doc

Radiological Health Program | James Madison Building, 7th Floor | 109 Governor Street,  Room 730 | Richmond, VA  23219 | Telephone (804) 864-8150 | Fax: (804) 864-8155