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.

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.

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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:

• Definitions §32.1-227
• Exemptions §32.1-228
• General Powers of the Board §32.1-229
• Radon Proficiency for testers, screeners, and mitigators §32.1-229.01
• Action for Damages §32.1-229.01:1
• Inspections required for X-ray Machines §32.1-229.1
• Cost of Inspections, Fees §32.1-229.2
• Further Powers of the Board §32.1-230
• Bonds of Licensees §32.1-231
• Radioactive  Material Perpetual Care Fund §32.1-232
• Radioactive Materials Special Fund §32.1-232.1
• Radiation Advisory Board §32.1-233
• §32.1- 234; Repealed by 1987 General Assembly
• Authority of Governor §32.1-235 Authority of the Board §32.1-236
• Effect on Local Ordinances §32.1-237
• Impounding Sources of Radiation §32.1-238

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.

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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 current regulations (1988) is 12VAC5-480. 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

Please note that Chapter 480 was abolished and replaced by Chapter 481. Chapter 481 was revised effective June 12, 2008 to satisfy Nuclear Regulatory Commission's requirements for Virginia to enter into an agreement for the regulation of radioactive materials. The text of Chapter 481 published in the Virginia Register may be down loaded: f12v5481full.doc.

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

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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-702, Bulletin: Guidance for requesting U.S. DOT exemption E-10656 upon receiving scrap metal or related recycling material that is radioactively contaminated, re-issued July 31, 2001, 12VAC5-480-320.  EPI-702.doc and EPI-702-Attachment.pdf

EPI-703, Bulletin: Guidance for requesting U.S. DOT exemption E-11406 upon receiving trash or refuse with radioactive material, issued June 19, 2002, 12VAC5-480-320.  EPI-703.doc and EPI-703-Attachment.pdf

EPI-704, Document: X-ray Fluorescence Device Regulatory Guide, revised October 2, 2001, 12VAC5-480-1180.  X-RAY FLUORESCENCE (XRF) DEVICE REGULATORY GUIDE

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

EPI-712, Bulletin: Policy on training requirements for Industrial Radiographers, issued October 10, 2001, 12VAC5-480-7370  EPI-712.doc

EPI-713, Bulletin: Guidance on the Response to Radiological Terrorist Threats Issued July 2, 2002, Code of Virginia Section 32.1-229  EPI-713.doc

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

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