State of Illinois
91st General Assembly
Legislation

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HB2641 Engrossed                              LRB9101294ACprC

 1        AN  ACT  in  relation to radiation safety, amending named
 2    Acts.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Radiation Installation Act is amended by
 6    changing Section 1 as follows:

 7        (420 ILCS 30/1) (from Ch. 111 1/2, par. 194)
 8        Sec. 1. For the purposes of this Act:
 9        (a)  "Radiation" includes gamma rays  and  X-rays,  alpha
10    and  beta particles, high speed electrons, neutrons, protons,
11    and    other    nuclear    particles    or    electromagnetic
12    electro-magnetic  radiations  capable   of   producing   ions
13    directly  or  indirectly in their passage through matter; but
14    does not include sound or radio waves, or  visible,  infrared
15    or ultraviolet light.
16        (b)  "radiation  machine"  is any device which is capable
17    of producing radiations when the associated  control  devices
18    are operated.
19        (c)  "radioactive   material"  is  any  material,  solid,
20    liquid or gas which emits radiation spontaneously.
21        (d)  "radiation installation" is any location or facility
22    where  radiation  machines  are  used  or  where  radioactive
23    material is produced, transported, stored, disposed  or  used
24    for any purpose.
25        (e)  "operator"  is  an individual, group of individuals,
26    partnership, firm,  corporation,  or  association,  or  other
27    entity  conducting  the  business  or  activities  carried on
28    within a radiation installation.
29        (f)  "sealed source" is any device containing radioactive
30    material to be used primarily as a source of radiation  which
31    has  been  constructed  in  such  a  manner as to prevent the

 
HB2641 Engrossed            -2-               LRB9101294ACprC
 1    escape, under normal conditions, of any radioactive material.
 2        (g)  "Department" means the Department of Nuclear  Safety
 3    of this State.
 4        (h)  "Director"  means  the Director of the Department of
 5    Nuclear Safety.
 6        (i)  "National Committee on Radiation  Protection"  shall
 7    include,  in  the  event  the National Committee on Radiation
 8    Protection  ceases  to  recommend  standards  for   radiation
 9    protection,  the  organization which is the successor to said
10    Committee, or any  comparable  nationally  recognized  agency
11    which   is   established  for  the  purpose  of  recommending
12    standards for radiation protection.
13    (Source: P.A. 81-1516.)

14        Section 10.  The Radiation  Protection  Act  of  1990  is
15    amended  by  changing  Sections  4,  12, and 25 and by adding
16    Section 11.5 as follows:

17        (420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4)
18        Sec. 4. Definitions.  As used in this Act:
19        (a)  "By-product material"  means:  (1)  any  radioactive
20    material (except special nuclear material) yielded in or made
21    radioactive  by exposure to radiation incident to the process
22    of producing or utilizing special nuclear material;  and  (2)
23    the   tailings  or  wastes  produced  by  the  extraction  or
24    concentration of uranium or thorium from  any  ore  processed
25    primarily for its source material content, including discrete
26    surface wastes resulting from underground solution extraction
27    processes  but  not including underground ore bodies depleted
28    by such solution extraction processes.
29        (b)  "Department" means the Department of Nuclear  Safety
30    in the State of Illinois.
31        (c)  "Director"  means  the Director of the Department of
32    Nuclear Safety.
 
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 1        (d)  "General  license"  means  a  license,  pursuant  to
 2    regulations promulgated by the Department, effective  without
 3    the  filing  of  an  application  to  transfer, acquire, own,
 4    possess  or  use  quantities  of,  or  devices  or  equipment
 5    utilizing, radioactive material, including but not limited to
 6    by-product, source or special nuclear materials.
 7        (e)  "Person"   means   any   individual,    corporation,
 8    partnership,  firm,  association,  trust,  estate,  public or
 9    private institution, group, agency, political subdivision  of
10    this  State,  any  other  State  or  political subdivision or
11    agency thereof,  and  any  legal  successor,  representative,
12    agent,  or  agency  of  the  foregoing, other than the United
13    States  Nuclear  Regulatory  Commission,  or  any   successor
14    thereto,  and other than federal government agencies licensed
15    by the United States Nuclear Regulatory  Commission,  or  any
16    successor  thereto.  "Person"  also includes a federal entity
17    (and its contractors) if the  federal  entity  agrees  to  be
18    regulated  by the State or as otherwise allowed under federal
19    law.
20        (f)  "Radiation" or "ionizing radiation" means gamma rays
21    and X-rays, alpha and beta particles, high  speed  electrons,
22    neutrons, protons, and other nuclear particles; but not sound
23    or radio waves, or visible, infrared or ultraviolet light.
24        (g)  "Radiation installation" is any location or facility
25    where  radiation  machines  are  used  or  where  radioactive
26    material  is  produced,  transported,  stored, disposed of or
27    used for any purpose.
28        (h)  "Radiation machine"  is  any  device  that  produces
29    radiation when in use.
30        (i)  "Radioactive  material"  means  any solid, liquid or
31    gaseous substance which emits radiation spontaneously.
32        (j)  "Radiation source" or "source of ionizing radiation"
33    means a radiation machine or radioactive material as  defined
34    herein.
 
HB2641 Engrossed            -4-               LRB9101294ACprC
 1        (k)  "Source material" means (1) uranium, thorium, or any
 2    other  material  which the Department declares by order to be
 3    source material after the United  States  Nuclear  Regulatory
 4    Commission,  or  any  successor  thereto  has  determined the
 5    material to be such; or (2) ores containing one  or  more  of
 6    the   foregoing  materials,  in  such  concentration  as  the
 7    Department declares by order to be source material after  the
 8    United States Nuclear Regulatory Commission, or any successor
 9    thereto, has determined the material in such concentration to
10    be source material.
11        (l)  "Special  nuclear  material"  means  (1)  plutonium,
12    uranium  233,  uranium  enriched in the isotope 233 or in the
13    isotope 235, and any  other  material  which  the  Department
14    declares  by  order  to be special nuclear material after the
15    United States Nuclear Regulatory Commission, or any successor
16    thereto, has determined the material to be such, but does not
17    include source material; or  (2)  any  material  artificially
18    enriched by any of the foregoing, but does not include source
19    material.
20        (m)  "Specific  license"  means  a  license, issued after
21    application, to use, manufacture, produce, transfer, receive,
22    acquire,  own,  or  possess  quantities  of,  or  devices  or
23    equipment utilizing radioactive materials.
24        (n)  "Radiation emergency" means the uncontrolled release
25    of radioactive material from a radiation  installation  which
26    poses  a  potential threat to the public health, welfare, and
27    safety.
28        (o)  "Accreditation"  means  the  process  by  which  the
29    Department of Nuclear Safety  grants  permission  to  persons
30    meeting  the  requirements  of  this Act and the Department's
31    rules  and  regulations  to  engage  in   the   practice   of
32    administering radiation to human beings.
33        (p)  "Mammography"   means   radiography  of  the  breast
34    primarily  for  the  purpose  of  enabling  a  physician   to
 
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 1    determine   the   presence,  size,  location  and  extent  of
 2    cancerous or potentially cancerous tissue in the breast.
 3    (Source: P.A. 86-1341; 87-604.)

 4        (420 ILCS 40/11.5 new)
 5        Sec. 11.5. State  regulation  of  federal  entities.  The
 6    Department  is  authorized  to regulate federal entities (and
 7    their  contractors)  and  radiation   sources   operated   or
 8    possessed  by federal entities (or their contractors) if  the
 9    federal entities agree to be regulated by the  State  or  the
10    regulation  is  otherwise  allowed  under  federal  law.  The
11    Department  may,  by  rule,  establish  fees  to  support the
12    regulation.

13        (420 ILCS 40/12) (from Ch. 111 1/2, par. 210-12)
14        Sec. 12. State  licensure  of  the  use,  manufacture  or
15    distribution of radioactive materials or devices or equipment
16    utilizing  or  producing  such materials not regulated by the
17    United  States  Nuclear  Regulatory  Commission.   Except  as
18    otherwise provided in this  Act,  no  person  shall  utilize,
19    manufacture,  or  distribute radioactive materials or devices
20    or equipment utilizing or producing such  materials  in  this
21    State  with  the  exception  of  those  materials  or devices
22    regulated by the Nuclear Regulatory Commission, without first
23    securing a license.  After  public  hearing,  the  Department
24    shall adopt rules and regulations for:
25             (1)  The issuance of licenses;
26             (2)  The  utilization,  manufacture and distribution
27        of such radioactive materials  or  devices  or  equipment
28        utilizing or producing such materials; and
29             (3)  The  amendment,  suspension  or  revocation  of
30        licenses.
31        The  Department  may,  by  rule  and  regulation,  exempt
32    certain  sources  of radiation or kinds of radiation or users
 
HB2641 Engrossed            -6-               LRB9101294ACprC
 1    from the licensure and fee requirements of this Section  when
 2    the  Department  makes a finding that such exemption will not
 3    constitute a significant risk to the health and safety of the
 4    public. Federal agencies are exempt from  the  licensure  and
 5    fee   requirements  of  this  Section.   State,  county,  and
 6    municipal governmental agencies and educational  institutions
 7    shall  be  subject  to  licensure,  but  are  exempt from fee
 8    requirements of this Section.
 9        Applications  for  licenses  shall  be  made  upon  forms
10    prescribed and furnished  by  the  Department  and  shall  be
11    accompanied  by  the  fees  provided  herein.  Licenses shall
12    expire according to a schedule determined by the Department.
13    Applications for subsequent licenses shall be  made  30  days
14    prior to expiration date.
15        Application  and license fees shall be set by rule of the
16    Department.
17        The application fee  for  the  use  of  such  radioactive
18    materials  shall  be at a rate of $50 per year for the number
19    of years for which the license will be issued.  The total fee
20    shall be paid at  the  time  the  application  is  made.  The
21    application  fee  for  manufacturers  or distributors of such
22    radioactive materials or devices or  equipment  utilizing  or
23    producing  such materials shall be at a rate of $100 per year
24    for the number of years for which the license will be issued.
25    The total fee shall be paid at the time  the  application  is
26    made.   At  such  time  Illinois  enters into a Federal-State
27    Agreement,  all  application  and  license  fees   shall   be
28    determined in accordance with Section 11 of this Act.
29        Each  application  fee shall be paid to the Department by
30    separate check or United States money order in amount of  the
31    application  fee  only  and  any  application fee or any part
32    thereof, once paid shall not be refunded,  in  the  event  an
33    application  for  a  license  is rejected.  Should a licensee
34    terminate his license voluntarily  prior  to  the  expiration
 
HB2641 Engrossed            -7-               LRB9101294ACprC
 1    date,  a  prorated  refund  will  be  issued  by the State of
 2    Illinois for those full years in which the license  will  not
 3    be in effect.
 4        This  Section  shall  not  apply  to  any  x-ray  machine
 5    including  those located in an office of a licensed physician
 6    or dentist.
 7    (Source: P.A. 86-1341.)

 8        (420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25)
 9        Sec. 25. Radiation inspection and testing; fees.
10        (a)  The Department  shall  inspect  and  test  radiation
11    installations   and   radiation   sources,   their  immediate
12    surroundings  and  records  concerning  their  operation   to
13    determine whether or not any radiation resulting therefrom is
14    or  may  be detrimental to health. The inspection and testing
15    frequency of a radiation installation shall be based  on  the
16    installation's   class   designation   in   accordance   with
17    subsection (f).
18        Inspections   of  mammography  installations  shall  also
19    include evaluation of  the  quality  of  mammography  phantom
20    images  produced  by  mammography  equipment.  The Department
21    shall promulgate rules establishing procedures and acceptance
22    standards for evaluating the quality of  mammography  phantom
23    images.
24        Beginning on the effective date of this amendatory Act of
25    1997  and  until  June  30,  2000, the fee for inspection and
26    testing shall be paid yearly at an annualized rate  based  on
27    the  classifications  and frequencies set forth in subsection
28    (f).  The annualized fee for inspection and testing shall  be
29    based  on  the rate of $55 per radiation machine for machines
30    located in dental offices and clinics  and  used  solely  for
31    dental  diagnosis,  located  in  veterinary  offices and used
32    solely for diagnosis, or located in offices  and  clinics  of
33    persons  licensed under the Podiatric Medical Practice Act of
 
HB2641 Engrossed            -8-               LRB9101294ACprC
 1    1987 and shall be based on the  rate  of  $80  per  radiation
 2    machine for all other radiation machines.  The Department may
 3    adopt rules detailing the annualized rate structure.
 4        Beginning July 1, 2000, the Department shall establish by
 5    rule  inspection  fees  based  on  the  type  of facility and
 6    equipment possessed by the registrant.  The Department  shall
 7    bill  the  operator  for  the  appropriate  fee  as  soon  as
 8    practical after the machine has been inspected and tested.
 9        Fees  assessed  under  this  subsection  shall be due and
10    payable within 60 days of the date of billing.  If  after  60
11    days  the  fee  for  inspection  and testing is not paid, the
12    Department may order the  operator  of  the  installation  to
13    cease use of the machines for which the fee is outstanding or
14    take  other  appropriate  enforcement  action  as provided in
15    Section 36 of this Act.  Any order issued by  the  Department
16    shall  afford  the  operator  a right to a hearing before the
17    Department; however, a written request for  hearing  must  be
18    served  on  the  Department  within  10 days of notice of the
19    order.  If the operator fails to file a  timely  request  for
20    hearing  with the Department, the operator shall be deemed to
21    have waived the right to a hearing.
22        (b)  In  lieu  of  inspections  by  the  Department,   an
23    operator of a radiation installation may elect to utilize the
24    services  of  a nondepartment qualified inspector, as defined
25    in subsection (d), to inspect  and  test  radiation  machines
26    utilized  therein.   Inspection shall be personally performed
27    by the nondepartment qualified inspector and  inspection  and
28    testing  results shall be documented on forms provided by the
29    Department.   The  nondepartment  qualified  inspector  shall
30    certify  on each radiation inspection report submitted to the
31    Department  that  the   nondepartment   qualified   inspector
32    personally  performed  the inspection and that the inspection
33    was performed in accordance with the standards established by
34    the Department.  Beginning on  the  effective  date  of  this
 
HB2641 Engrossed            -9-               LRB9101294ACprC
 1    amendatory  Act  of 1997 and until June 30, 2000, the fee for
 2    inspection review as described in this  subsection  shall  be
 3    paid   yearly   at   an   annualized   rate   based   on  the
 4    classifications and frequencies set forth in subsection  (f).
 5    The  annualized  inspection  review fee shall be based on the
 6    rate of $25 per radiation machine.  The Department may  adopt
 7    rules  detailing the annualized rate structure.  On and after
 8    July 1, 2000, the Department  shall  by  rule  establish  the
 9    inspection  review  fee. This inspection review fee shall not
10    apply  to  inspections  of  radiation   machines   used   for
11    mammography.  Fees assessed under this subsection are due and
12    payable within 60 days of the date of billing.  If  after  60
13    days  the  inspection  review fee is not paid, the Department
14    may order the operator of the installation to  cease  use  of
15    the  machines  for  which  a fee is outstanding or take other
16    appropriate enforcement action as provided in Section  36  of
17    this Act.
18        The  inspection  and  testing  frequency  of  a radiation
19    installation shall  be  based  on  the  installation's  class
20    designation and associated radiation hazards as determined by
21    the  Department.   For  purposes  of this Section, "operator"
22    means an individual, group of individuals, partnership, firm,
23    corporation, or association, or other entity  conducting  the
24    business   or   activities  carried  on  within  a  radiation
25    installation.
26        (c)  Every operator of  a  radiation  installation  shall
27    file  an  application  for  initial inspection and testing in
28    accordance with subsection (a) or  (b)  of  this  Section  no
29    later  than  30  days  after  the  initial  installation of a
30    radiation machine. Radiation machines shall be inspected  and
31    tested   in  accordance  with  subsection  (a)  and  (b)  and
32    radiation  inspection  reports  shall  be  filed   with   the
33    Department   within   6   months   of  the  date  of  initial
34    installation. Thereafter,  applications  for  inspection  and
 
HB2641 Engrossed            -10-              LRB9101294ACprC
 1    testing as well as the filing of radiation inspection reports
 2    shall  be  made  periodically  in  accordance with a schedule
 3    promulgated by the Department.
 4        (d)  Each  individual  who  conducts  inspections  as   a
 5    nondepartment  qualified inspector pursuant to subsection (b)
 6    above shall register with the Department as  a  nondepartment
 7    qualified  inspector.   Application  for  registration  as  a
 8    nondepartment  qualified  inspector  shall  be made on a form
 9    prescribed by the Department and shall be accompanied by  the
10    appropriate  application  fee.   The Department shall approve
11    the application and register an individual as a nondepartment
12    qualified inspector if the individual satisfies the  criteria
13    established by the Department. The Department shall establish
14    such  criteria by regulation. The Department shall suspend or
15    revoke  the  registration  of  any  nondepartment   qualified
16    inspector who fails to pay the registration fee, who fails to
17    conduct   inspections   in   accordance  with  the  standards
18    established by the Department, or who  intentionally  submits
19    to the Department an inspection report that contains false or
20    misleading information.
21        (e)  The   Department   shall  assess  all  nondepartment
22    qualified  inspectors  an  annual   registration   fee.   The
23    Department  shall  establish  by rule the annual registration
24    fee which shall be payable by January 1 of  each  year.   The
25    Department  shall  assess  all individuals filing to become a
26    nondepartment inspector an application fee which  will  serve
27    as a registration fee for the remainder of the calendar year.
28    The  Department  shall by rule establish the application fee.
29    Registration and application fees are not refundable.
30        (f)  For   purposes   of    this    Section,    radiation
31    installations  shall  be  defined as any location or facility
32    where radiation machines are used and shall be divided into 3
33    classes:
34             Class A  -  Class  A  shall  include  all  radiation
 
HB2641 Engrossed            -11-              LRB9101294ACprC
 1        machines  located  in dental offices and clinics and used
 2        solely for dental  diagnosis  or  located  in  veterinary
 3        offices   and   used   solely   for   diagnosis  and  all
 4        installations  using  commercially  manufactured  cabinet
 5        radiographic/fluoroscopic radiation  machines.  Operators
 6        of  Class  A  installations  shall  have  their radiation
 7        machines inspected and tested every 5 years in accordance
 8        with Departmental regulations  and  radiation  inspection
 9        reports shall be filed in accordance with subsection (c).
10        Fees shall be in accordance with subsection (a) or (b) of
11        this Section.
12             Class  B  -  Class  B  shall  include  all radiation
13        machines,  other  than  machines  used   for   performing
14        mammography,  located  in  offices  or clinics of persons
15        licensed under the Medical Practice Act of 1987, or under
16        the Podiatric Medical Practice  Act  of  1987,  and  used
17        solely   for   diagnosis   and  all  installations  using
18        spectroscopy    radiation    machines,    noncommercially
19        manufactured cabinet radiographic/fluoroscopic  radiation
20        machines,   portable   radiographic/fluoroscopic   units,
21        non-cabinet    baggage/package   fluoroscopic   radiation
22        machines and electronic beam welders. Operators of  Class
23        B  installations  shall  have  their  radiation  machines
24        inspected  and  tested  every  2 years in accordance with
25        Departmental regulations and radiation inspection reports
26        shall be filed in accordance with  subsection  (c).  Fees
27        shall be in accordance with subsection (a) or (b) of this
28        Section.
29             Class  C  -  Class  C  shall  include  all radiation
30        machines which are not classified as Class A or Class  B.
31        Class  C  shall  include  but not be limited to radiation
32        machines   located   in   hospitals    and    educational
33        institutions,  all radiation machines used for performing
34        mammography procedures, therapy,  and  all  installations
 
HB2641 Engrossed            -12-              LRB9101294ACprC
 1        using  diffraction  radiation  machines, open radiography
 2        radiation  machines,   closed   radiographic/fluoroscopic
 3        radiation machines and radiation machines used as gauges.
 4        Test  booths,  bays,  or  rooms  used  by  manufacturing,
 5        assembly  or  repair  facilities  for  testing  radiation
 6        machines  shall  be  categorized  as  Class  C  radiation
 7        installations.  Operators  of Class C installations shall
 8        have  their  radiation  machines  inspected  and   tested
 9        annually  in accordance with Departmental regulations and
10        radiation inspection reports shall be filed in accordance
11        with subsection (c). Fees shall  be  in  accordance  with
12        subsection (a) or (b) of this Section.
13        (g)  The  Department is authorized to maintain a facility
14    for  the  purpose  of  calibrating  radiation  detection  and
15    measurement   instruments   in   accordance   with   national
16    standards.  The  Department  may  make  calibration  services
17    available to public or private entities within or outside  of
18    Illinois and may assess a reasonable fee for such services.
19    (Source: P.A. 89-199, eff. 7-21-95; 90-391, eff. 8-15-97.)

20        Section  15.   The Laser System Act of 1997 is amended by
21    changing 15 and adding Section 22 as follows:

22        (420 ILCS 56/15)
23        Sec. 15. Definitions.  For  the  purposes  of  this  Act,
24    unless the context requires otherwise:
25             (1)  "Department"  means  the Illinois Department of
26        Nuclear Safety.
27             (2)  "Director"  means  the  Director   of   Nuclear
28        Safety.
29             (3)  "FDA" means the Food and Drug Administration of
30        the   United   States  Department  of  Health  and  Human
31        Services.
32             (4)  "Laser  installation"  means  a   location   or
 
HB2641 Engrossed            -13-              LRB9101294ACprC
 1        facility   where  laser  systems  are  produced,  stored,
 2        disposed of, or used for any purpose.
 3             (5)  "Laser machine" means a device that is  capable
 4        of  producing  laser radiation when associated controlled
 5        devices are operated.
 6             (6)  "Laser  radiation"  means  an   electromagnetic
 7        radiation  emitted  from  a laser system and includes all
 8        reflected radiation, any secondary  radiation,  or  other
 9        forms of energy resulting from the primary laser beam.
10             (7)  "Laser   system"   means   a  device,  machine,
11        equipment, or other apparatus that applies  a  source  of
12        energy   to  a  gas,  liquid,  crystal,  or  other  solid
13        substances  or  combination  thereof  in  a  manner  that
14        electromagnetic radiations of a relatively  uniform  wave
15        length  are  amplified  and  emitted  in  a cohesive beam
16        capable of transmitting the energy developed in a  manner
17        that  may be harmful to living tissues, including but not
18        limited to electromagnetic waves in the range of visible,
19        infrared, or ultraviolet light. Such systems in  schools,
20        colleges,  occupational  schools,  and State colleges and
21        other  State  institutions  are  also  included  in   the
22        definition of "laser systems".
23             (8)  "Operator"   is   an   individual,   group   of
24        individuals,    partnership,    firm,   corporation,   or
25        association, or other entity conducting the  business  or
26        activities carried on within a laser installation.
27    (Source: P.A. 90-209, eff. 7-25-97.)

28        (420 ILCS 56/22 new)
29        Sec.  22.  State  regulation  of  federal  entities.  The
30    Department  is  authorized  to  regulate  laser installations
31    operated by federal entities (or their  contractors)  if  the
32    federal  entities  agree  to be regulated by the State or the
33    regulation  is  otherwise  allowed  under  federal  law.  The
 
HB2641 Engrossed            -14-              LRB9101294ACprC
 1    Department may,  by  rule,  establish  fees  to  support  the
 2    regulation.

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.

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