Illinois General Assembly - Full Text of HB1427
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Full Text of HB1427  93rd General Assembly

HB1427 93rd General Assembly


093_HB1427

 
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 1        AN ACT in relation to radiation protection.

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

 4        Section  5.   The  Radiation  Protection  Act  of 1990 is
 5    amended by changing Section 25 as follows:

 6        (420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25)
 7        (Section scheduled to be repealed on January 1, 2011)
 8        Sec. 25. Radiation inspection and testing; fees.
 9        (a)  The Department  shall  inspect  and  test  radiation
10    installations   and   radiation   sources,   their  immediate
11    surroundings  and  records  concerning  their  operation   to
12    determine whether or not any radiation resulting therefrom is
13    or  may  be  detrimental to health.  For the purposes of this
14    Section,  "radiation  installation"  means  any  location  or
15    facility where radiation machines are used.   The  inspection
16    and  testing  frequency  of a radiation installation shall be
17    based on the installation's class designation  in  accordance
18    with subsection (f).
19        Inspections   of  mammography  installations  shall  also
20    include evaluation of  the  quality  of  mammography  phantom
21    images  produced  by  mammography  equipment.  The Department
22    shall promulgate rules establishing procedures and acceptance
23    standards for evaluating the quality of  mammography  phantom
24    images.
25        Beginning on the effective date of this amendatory Act of
26    1997  and  until  June  30,  2000, the fee for inspection and
27    testing shall be paid yearly at an annualized rate  based  on
28    the  classifications  and frequencies set forth in subsection
29    (f).  The annualized fee for inspection and testing shall  be
30    based  on  the rate of $55 per radiation machine for machines
31    located in dental offices and clinics  and  used  solely  for
 
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 1    dental  diagnosis,  located  in  veterinary  offices and used
 2    solely for diagnosis, or located in offices  and  clinics  of
 3    persons  licensed under the Podiatric Medical Practice Act of
 4    1987 and shall be based on the  rate  of  $80  per  radiation
 5    machine for all other radiation machines.  The Department may
 6    adopt rules detailing the annualized rate structure.  For the
 7    year beginning January 1, 2000, the annual fee for inspection
 8    and  testing  of Class D radiation installations shall be $25
 9    per radiation machine.  The Department is authorized to  bill
10    the  fees  listed in this paragraph as part of the annual fee
11    specified in Section 24.7 of this Act.
12        Beginning July 1, 2000, the  Department  shall  establish
13    the  fees  under  Section  24.7 of this Act by rule, provided
14    that no increase of the fees shall take effect before January
15    1, 2001.
16        (b)  (Blank).
17        (c)  (Blank).
18        (d)  (Blank).
19        (e)  (Blank).
20        (f)  For   purposes   of    this    Section,    radiation
21    installations shall be divided into 4 classes:
22             Class  A  - Class A shall include dental offices and
23        veterinary offices with radiation  machines  used  solely
24        for  diagnosis  and  all installations using commercially
25        manufactured cabinet radiographic/fluoroscopic  radiation
26        machines.   Operators of Class A installations shall have
27        their radiation machines inspected  and  tested  every  5
28        years by the Department.
29             Class  B  - Class B shall include offices or clinics
30        of persons licensed under the  Medical  Practice  Act  of
31        1987  or  the Podiatric Medical Practice Act of 1987 with
32        radiation machines used  solely  for  diagnosis  and  all
33        installations   using  spectroscopy  radiation  machines,
34        noncommercially           manufactured            cabinet
 
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 1        radiographic/fluoroscopic  radiation  machines,  portable
 2        radiographic/fluoroscopic        units,       non-cabinet
 3        baggage/package  fluoroscopic  radiation   machines   and
 4        electronic   beam   welders.   Operators   of   Class   B
 5        installations   shall   have   their  radiation  machines
 6        inspected and tested every 5 2 years by the Department.
 7             Class C - Class C shall include installations  using
 8        diffraction    radiation   machines,   open   radiography
 9        radiation  machines,   closed   radiographic/fluoroscopic
10        radiation machines and radiation machines used as gauges.
11        Test  booths,  bays,  or  rooms  used  by  manufacturing,
12        assembly  or  repair  facilities  for  testing  radiation
13        machines  shall  be  categorized  as  Class  C  radiation
14        installations.  Operators  of Class C installations shall
15        have their radiation machines inspected and tested  every
16        2 years annually by the Department.
17             Class  D  -  Class D shall include all hospitals and
18        all  other   facilities   using   mammography,   computed
19        tomography  (CT), or therapeutic radiation machines. Each
20        operator of a  Class  D  installation  shall  maintain  a
21        comprehensive    radiation    protection   program.   The
22        individual or individuals  responsible  for  implementing
23        this  program  shall  register  with  the  Department  in
24        accordance  with  Section 25.1.  As part of this program,
25        the registered individual or individuals shall conduct an
26        annual performance evaluation of all  radiation  machines
27        and   oversee  the  equipment-related  quality  assurance
28        practices  within  the  installation.    The   registered
29        individual  or  individuals  shall determine and document
30        whether the installation's radiation machines  are  being
31        maintained  and  operated  in  accordance  with standards
32        promulgated by  the  Department.   Class  D  installation
33        shall   be  inspected  every  2  years  annually  by  the
34        Department.
 
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 1        (f-1)  Radiation installations for which  more  than  one
 2    class  is  applicable  shall  be  assigned the classification
 3    requiring the most frequent inspection and testing.
 4        (f-2)  Radiation installations not classified as Class A,
 5    B, C, or  D  shall  be  inspected  according  to  frequencies
 6    established  by  the  Department  based  upon  the associated
 7    radiation hazards, as determined by the Department.
 8        (g)  The Department is authorized to maintain a  facility
 9    for  the  purpose  of  calibrating  radiation  detection  and
10    measurement   instruments   in   accordance   with   national
11    standards.  The  Department  may  make  calibration  services
12    available  to public or private entities within or outside of
13    Illinois and may assess a reasonable fee for such services.
14    (Source: P.A. 91-188, eff.  7-20-99;  91-340,  eff.  7-29-99;
15    92-16, eff. 6-28-01.)

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.