093_HB2557

 
                                     LRB093 03340 AMC 03358 b

 1        AN ACT concerning nuclear safety.

 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 Sections 24.7 and 25 as follows:

 6        (420 ILCS 40/24.7)
 7        (Section scheduled to be repealed on January 1, 2011)
 8        Sec.  24.7.   Registration  requirement; fees.  Beginning
 9    January 1, 2000, the  Department  is  authorized  to  require
10    every  operator  of  a radiation installation to register the
11    installation with the Department before the  installation  is
12    placed  in operation.  The Department is authorized to exempt
13    certain radiation sources from registration by rule when  the
14    Department  makes  a determination that the exemption of such
15    sources will not constitute a significant risk to health  and
16    safety  of  the  public.   Whenever  there  is  a change in a
17    radiation  installation   that   affects   the   registration
18    information    provided    to   the   Department,   including
19    discontinuation of use or disposition of  radiation  sources,
20    the operator of such installation shall, within 30 days, give
21    written notice to the Department detailing the change.
22        Beginning  January  1, 2000, every radiation installation
23    operator using radiation machines shall register annually  in
24    a  manner and form prescribed by the Department and shall pay
25    the Department an annual registration fee for each  radiation
26    machine.
27        The annual fee to register a radiation installation based
28    on  the  type  of  facility  and  equipment  possessed by the
29    registrant is as follows:
30             (1)  Class A-dental and veterinary offices, $35.
31             (2)  Class A-installations only  using  commercially
 
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 1        manufactured cabinet radiation machines, $50.
 2             (3)  Class  B-offices or clinics of persons licensed
 3        under the Medical  Practice  Act  and  all  installations
 4        using portable radiographic or fluoroscopic units, $110.
 5             (4)  Class B-podiatric offices, $70.
 6             (5)  Class   B-installations   using   spectroscopy,
 7        non-commercially  manufactured cabinet units, non-cabinet
 8        baggage/package units, and electron beam welders, $110.
 9             (6)  Class C, $170.
10             (7)  Class D, $70.
11    The  Department  shall   by   rule   establish   the   annual
12    registration   fee   to   register   and   inspect  radiation
13    installations based on the type  of  facility  and  equipment
14    possessed by the registrant.
15        The   Department   shall   bill   the  operator  for  the
16    registration fee as soon as practical after January  1.   The
17    registration  fee  shall be due and payable within 60 days of
18    the date of billing.  If after 60 days the  registration  fee
19    is  not paid, the Department may issue an order directing the
20    operator of the installation to cease use  of  all  radiation
21    machines  or  take  other  appropriate  enforcement action as
22    provided in Section 36 of this  Act.   Fees  collected  under
23    this Section are not refundable.
24        Registration  of  any  radiation  installation  shall not
25    imply  approval  of  manufacture,  storage,  use,   handling,
26    operation,  or disposal of radiation sources, but shall serve
27    merely as notice to the Department of Nuclear Safety  of  the
28    location and character of radiation sources in this State.
29    (Source: P.A. 91-340, eff. 7-29-99.)

30        (420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25)
31        (Section scheduled to be repealed on January 1, 2011)
32        Sec. 25. Radiation inspection and testing; fees.
33        (a)  The  Department  shall  inspect  and  test radiation
 
                            -3-      LRB093 03340 AMC 03358 b
 1    installations  and   radiation   sources,   their   immediate
 2    surroundings   and  records  concerning  their  operation  to
 3    determine whether or not any radiation resulting therefrom is
 4    or may be detrimental to health.  For the  purposes  of  this
 5    Section,  "radiation  installation"  means  any  location  or
 6    facility  where  radiation machines are used.  The inspection
 7    and testing frequency of a radiation  installation  shall  be
 8    based  on  the installation's class designation in accordance
 9    with subsection (f).
10        Inspections  of  mammography  installations  shall   also
11    include  evaluation  of  the  quality  of mammography phantom
12    images produced by  mammography  equipment.   The  Department
13    shall promulgate rules establishing procedures and acceptance
14    standards  for  evaluating the quality of mammography phantom
15    images.
16        Beginning on the effective date of this amendatory Act of
17    1997 and until June 30, 2000,  the  fee  for  inspection  and
18    testing  shall  be paid yearly at an annualized rate based on
19    the classifications and frequencies set forth  in  subsection
20    (f).   The annualized fee for inspection and testing shall be
21    based on the rate of $55 per radiation machine  for  machines
22    located  in  dental  offices  and clinics and used solely for
23    dental diagnosis, located  in  veterinary  offices  and  used
24    solely  for  diagnosis,  or located in offices and clinics of
25    persons licensed under the Podiatric Medical Practice Act  of
26    1987  and  shall  be  based  on the rate of $80 per radiation
27    machine for all other radiation machines.  The Department may
28    adopt rules detailing the annualized rate structure.  For the
29    year beginning January 1, 2000, the annual fee for inspection
30    and testing of Class D radiation installations shall  be  $25
31    per  radiation machine.  The Department is authorized to bill
32    the fees listed in this paragraph as part of the  annual  fee
33    specified in Section 24.7 of this Act.
34        Beginning  July  1,  2000, the Department shall establish
 
                            -4-      LRB093 03340 AMC 03358 b
 1    the fees under Section 24.7 of this  Act  by  rule,  provided
 2    that no increase of the fees shall take effect before January
 3    1, 2001.
 4        (b)  (Blank).
 5        (c)  (Blank).
 6        (d)  (Blank).
 7        (e)  (Blank).
 8        (f)  For    purposes    of    this   Section,   radiation
 9    installations shall be divided into 4 classes:
10             Class A - Class A shall include dental  offices  and
11        veterinary  offices  with  radiation machines used solely
12        for diagnosis and all  installations  using  commercially
13        manufactured  cabinet radiographic/fluoroscopic radiation
14        machines.  Operators of Class A installations shall  have
15        their  radiation  machines  inspected  and tested every 5
16        years by the Department.
17             Class B - Class B shall include offices  or  clinics
18        of  persons  licensed  under  the Medical Practice Act of
19        1987 or the Podiatric Medical Practice Act of  1987  with
20        radiation  machines  used  solely  for  diagnosis and all
21        installations  using  spectroscopy  radiation   machines,
22        noncommercially            manufactured           cabinet
23        radiographic/fluoroscopic  radiation  machines,  portable
24        radiographic/fluoroscopic       units,        non-cabinet
25        baggage/package   fluoroscopic   radiation  machines  and
26        electronic   beam   welders.   Operators   of   Class   B
27        installations  shall  have   their   radiation   machines
28        inspected and tested every 2 years by the Department.
29             Class  C - Class C shall include installations using
30        diffraction   radiation   machines,   open    radiography
31        radiation   machines,   closed  radiographic/fluoroscopic
32        radiation machines and radiation machines used as gauges.
33        Test  booths,  bays,  or  rooms  used  by  manufacturing,
34        assembly  or  repair  facilities  for  testing  radiation
 
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 1        machines  shall  be  categorized  as  Class  C  radiation
 2        installations. Operators of Class C  installations  shall
 3        have   their  radiation  machines  inspected  and  tested
 4        annually by the Department.
 5             Class D - Class D shall include  all  hospitals  and
 6        all   other   facilities   using   mammography,  computed
 7        tomography (CT), or therapeutic radiation machines.  Each
 8        operator  of  a  Class  D  installation  shall maintain a
 9        comprehensive   radiation   protection    program.    The
10        individual  or  individuals  responsible for implementing
11        this  program  shall  register  with  the  Department  in
12        accordance with Section 25.1.  As part of  this  program,
13        the registered individual or individuals shall conduct an
14        annual  performance  evaluation of all radiation machines
15        and  oversee  the  equipment-related  quality   assurance
16        practices   within   the  installation.   The  registered
17        individual or individuals shall  determine  and  document
18        whether  the  installation's radiation machines are being
19        maintained and  operated  in  accordance  with  standards
20        promulgated  by  the  Department.   Class  D installation
21        shall be inspected annually by the Department.
22        (f-1)  Radiation installations for which  more  than  one
23    class  is  applicable  shall  be  assigned the classification
24    requiring the most frequent inspection and testing.
25        (f-2)  Radiation installations not classified as Class A,
26    B, C, or  D  shall  be  inspected  according  to  frequencies
27    established  by  the  Department  based  upon  the associated
28    radiation hazards, as determined by the Department.
29        (g)  The Department is authorized to maintain a  facility
30    for  the  purpose  of  calibrating  radiation  detection  and
31    measurement   instruments   in   accordance   with   national
32    standards.  The  Department  may  make  calibration  services
33    available  to public or private entities within or outside of
34    Illinois and may assess a reasonable fee for such services.
 
                            -6-      LRB093 03340 AMC 03358 b
 1    (Source: P.A. 91-188, eff.  7-20-99;  91-340,  eff.  7-29-99;
 2    92-16, eff. 6-28-01.)

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