401127

UNITED STATES

ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION
WASHINGTON, D.C. 20545

Walter H. Weyzen, M.D., Manager, Human Health Studies Programs,
Division of Biomedical

and Environmental Research

TESTS BY JAPANESE PHYSICIANS ON RADIATION VICTIMS
This is in response to your request concerning the legality of Japanese
physicians performing tests upon radiation victims within the United
States. The primary locations of interest for these tests are California and Hawaii.
Due to the strict California licensing provisions, it is highly unlikely
that the Japanese physicians could perform any significant tests upon
patients within that state.

The California Board of Medical Quality

Assurance informs us that these physicians could interview these patients
but could not perform physical exams beyond that which laymen could
undertake (i.e., they could take pulse, blood pressure, and temperature
readings and make other external observations of patient conditions
but could not draw blood, inject substances into the body or perform
X-ray examinations).
Further, they could not diagnose for the purpose
of treatment or provide treatment (advice as to psychological problems
would be included within the idea of treatment).
In view of these

restrictions, three (3) options are possible.

First, these physicians

could work on military reservations or in V.A. hospitals without the
need for a California license. An agreement would have to be reached
with the military to accomplish this, but preliminary investigations
with the Navy suggest that this would be no major problem. Second, the
Japanese physicians could work in conjunction with a group of California
physicians and undertake any tests or treatment to which the California

physicians would agree. Third, state legislation could be passed
relatively quickly providing a special exemption for the Japanese physicians to perform tests under specified conditions.
If only interviewing

and the general

testing mentioned above is to be done in California, no

problems would arise; but if anything beyond this is undertaken, the
options listed are the best possibilities.
For help particularly under

options 2. and 3. or for general questions, we should contact Mr. Richard
DeWalt, Division of Licensing, Board of Medical Quality Assurance,

1430 Howe Avenue, Sacramento, California 95825 ((916) 322-5040).

The State of Hawaii has Jess strict requirements for licensing and
would allow these physicians more leeway in their program.
If these
programs could be labeled as research and temporary in nature, the
Japanese physicians could work with little interference from the state.
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