Full Text of HB1869 96th General Assembly
HB1869ham001 96TH GENERAL ASSEMBLY
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Rep. Linda Chapa LaVia
Filed: 3/26/2009
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LRB096 05563 JDS 24681 a |
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| AMENDMENT TO HOUSE BILL 1869
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| AMENDMENT NO. ______. Amend House Bill 1869 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Radiation Protection Act of 1990 is amended | 5 |
| by changing Sections 25 and 25.1 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| (Section scheduled to be repealed on January 1, 2011)
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| Sec. 25. Radiation inspection and testing ; fees .
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| (a) The Agency shall inspect and test radiation
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| 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. Radiation | 16 |
| installations shall be inspected according to frequencies |
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| established by the Agency based upon the associated radiation | 2 |
| hazards, as determined by the Agency. The inspection and | 3 |
| testing frequency of a radiation installation shall
be based on | 4 |
| the installation's class designation in accordance with | 5 |
| subsection
(f).
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| Inspections of mammography installations shall also | 7 |
| include evaluation
of the quality of mammography phantom images | 8 |
| produced by mammography
equipment. The Agency shall promulgate | 9 |
| rules establishing
procedures
and acceptance standards for | 10 |
| evaluating the quality of mammography phantom
images.
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| Beginning on the effective date of this amendatory Act of | 12 |
| 1997 and until
June 30, 2000, the fee for inspection and | 13 |
| testing shall be paid yearly at an
annualized rate based on the | 14 |
| classifications and frequencies set forth in
subsection (f). | 15 |
| The annualized fee for inspection and testing shall be based
on | 16 |
| the rate of $55 per radiation machine for machines located in | 17 |
| dental offices
and clinics and used solely for dental | 18 |
| diagnosis, located in veterinary
offices and used solely for | 19 |
| diagnosis, or located in offices and clinics of
persons | 20 |
| licensed under the Podiatric Medical Practice Act of 1987 and | 21 |
| shall
be based on the rate of $80 per radiation machine for all | 22 |
| other radiation
machines. The Department of Nuclear Safety may | 23 |
| adopt rules detailing the
annualized rate
structure. For the | 24 |
| year beginning January 1, 2000, the annual fee for
inspection | 25 |
| and testing of Class D radiation installations shall be $25 per
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| radiation machine. The Department is authorized to bill the
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| fees listed in
this paragraph as part of the annual fee | 2 |
| specified in Section 24.7 of this
Act.
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| Beginning July 1, 2000, the Department of Nuclear Safety or | 4 |
| its successor
agency, the Illinois Emergency Management | 5 |
| Agency, shall establish the fees
under
Section 24.7 of this Act | 6 |
| by rule, provided that no increase of the fees shall
take | 7 |
| effect before January 1, 2001.
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| (b) (Blank).
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| (c) (Blank).
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| (d) (Blank).
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| (e) (Blank).
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| (f) (Blank). (f) For purposes of this Section, radiation | 13 |
| installations
shall be divided into 4 classes:
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| Class A - Class A shall include dental offices and | 15 |
| veterinary offices
with radiation machines used solely for | 16 |
| diagnosis and all installations
using commercially | 17 |
| manufactured cabinet radiographic/fluoroscopic radiation
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| machines. Operators of Class A installations shall have | 19 |
| their radiation
machines inspected and tested every 5 years | 20 |
| by the Agency.
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| Class B - Class B shall include offices or clinics of | 22 |
| persons licensed
under the Medical Practice Act of 1987 or | 23 |
| the Podiatric Medical Practice
Act of 1987 with radiation | 24 |
| machines used solely for diagnosis and all
installations | 25 |
| using spectroscopy radiation machines, noncommercially
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| manufactured cabinet radiographic/fluoroscopic radiation |
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| machines, portable
radiographic/fluoroscopic units, | 2 |
| non-cabinet baggage/package fluoroscopic
radiation | 3 |
| machines and electronic beam welders. Operators of Class B
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| installations shall have their radiation machines | 5 |
| inspected and tested every
2 years by the Agency.
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| Class C - Class C shall include installations using
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| diffraction radiation machines, open radiography radiation | 8 |
| machines, closed
radiographic/fluoroscopic radiation | 9 |
| machines and radiation machines used as
gauges. Test | 10 |
| booths, bays, or rooms used by manufacturing,
assembly or | 11 |
| repair facilities for testing radiation machines shall be
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| categorized as Class C radiation installations. Operators | 13 |
| of Class C
installations shall have their radiation | 14 |
| machines inspected and tested
annually by the Agency.
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| Class D - Class D shall include all hospitals and all | 16 |
| other facilities
using mammography, computed tomography | 17 |
| (CT), or therapeutic radiation machines.
Each operator of a | 18 |
| Class D installation shall maintain a comprehensive
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| radiation protection program. The individual or | 20 |
| individuals responsible for
implementing this program | 21 |
| shall register with the Department of Nuclear
Safety or its | 22 |
| successor agency, the Illinois Emergency Management | 23 |
| Agency, in
accordance
with Section 25.1. As part of this | 24 |
| program, the registered individual or
individuals shall | 25 |
| conduct an annual performance evaluation of all radiation
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| machines and oversee the equipment-related quality |
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| assurance practices within
the installation. The | 2 |
| registered individual or individuals shall determine and
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| document whether the installation's radiation machines are | 4 |
| being maintained and
operated in accordance with standards | 5 |
| promulgated by the Agency. Class D
installation shall be | 6 |
| inspected annually by the Agency.
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| (f-1) (Blank). (f-1) Radiation installations for which | 8 |
| more than one class is applicable
shall be assigned the | 9 |
| classification requiring the most frequent inspection and
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| testing.
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| (f-2) (Blank). (f-2) Radiation installations not | 12 |
| classified as Class A, B, C, or D shall
be inspected according | 13 |
| to frequencies established by the Agency based upon
the | 14 |
| associated radiation hazards, as determined by the Agency.
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| (g) The Agency is authorized to maintain a facility for
the | 16 |
| purpose
of calibrating radiation detection and measurement | 17 |
| instruments in
accordance with national standards. The Agency | 18 |
| may make
calibration
services available to public or private | 19 |
| entities within or outside of
Illinois and may assess a | 20 |
| reasonable fee for such services.
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| (Source: P.A. 94-104, eff. 7-1-05.)
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| (420 ILCS 40/25.1)
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| (Section scheduled to be repealed on January 1, 2011)
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| Sec. 25.1. Each Beginning January 1, 2000, each individual | 25 |
| responsible for
implementing a comprehensive radiation |
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| protection program for all hospitals and other facilities using | 2 |
| mammography, computed tomography (CT), or therapeutic | 3 |
| radiation machines Class D
installations, as described in | 4 |
| Section 25(f) of this Act, shall be required to
register with | 5 |
| the Department of Nuclear Safety or its successor agency, the
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| Illinois Emergency Management Agency. Application for | 7 |
| registration shall be
made on a
form prescribed by the Agency | 8 |
| and shall be accompanied by
the required
application fee. The | 9 |
| Agency shall approve the application
and register an
individual | 10 |
| if the individual satisfies criteria established by rule of the
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| Agency. The Agency shall assess
registered individuals an | 12 |
| annual
registration fee. The Agency shall establish by rule
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| application and
registration fees. The application and | 14 |
| registration fees shall not be
refundable.
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| (Source: P.A. 94-104, eff. 7-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.".
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