WSR 98-01-047

PERMANENT RULES

DEPARTMENT OF HEALTH

[Filed December 8, 1997, 4:19 p.m.]

Date of Adoption: December 5, 1997.

Purpose: To cover a 3% cost-of-living salary increase and to provide for an increase in staff time needed to meet a growing workload, so that revenue will meet program costs.

Citation of Existing Rules Affected by this Order: Amending WAC 246-254-053 Radiation machine facility registration fees.

Statutory Authority for Adoption: RCW 43.70.110, 43.70.250, and chapter 70.98 RCW.

Adopted under notice filed as WSR 97-21-137 on October 22, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

December 8, 1997

Bruce Miyahara

Secretary

AMENDATORY SECTION (Amending WSR 96-11-043, filed 5/8/96, effective 6/28/96)

WAC 246-254-053 Radiation machine facility registration fees. (1) Persons owning and/or leasing and using radiation-producing machines shall submit ((an eighty-nine dollar)) a ninety dollar registration fee to the department at the time of application and every two years thereafter. In addition:

(a) For dentists, veterinarians, and podiatrists, add:

(i) Ninety dollars for the first tube; and

(ii) ((Forty-two dollars)) Forty-three dollars and fifty cents for each additional tube.

(b) For hospitals and medical or chiropractic facilities, add:

(i) Two hundred fifty dollars for the first tube; and

(ii) One hundred ((twenty dollars)) twenty-four dollars and fifty cents for each additional tube.

(c) For industrial, research, and other uses, add:

(i) One hundred forty dollars for the first tube; and

(ii) ((Forty-two dollars)) Forty-three dollars and fifty cents for each additional tube.

(2) The department shall charge a maximum total fee of five thousand five hundred dollars for any facility or group of facilities where an in-house, full-time staff of at least two or more is devoted entirely to in-house radiation safety.

(3) A penalty fee of ((eighty-nine)) ninety dollars shall be charged for late registration or late reregistration.

(4) A fee of ((eighty-nine)) ninety dollars shall be charged for review of medical x-ray shielding calculations and floor plans submitted under WAC 246-225-030. This fee shall be added to the registration fee described above.

(5) A penalty fee of ((eighty-nine)) ninety dollars shall be charged to a facility where submittal of medical x-ray shielding calculations and floor plans is not made before x-ray machine installation as required under WAC 246-225-030. This penalty fee shall be added to the registration fee described above.

(6) Facilities electing to consolidate x-ray machine registrations into a single registration shall be able to demonstrate and document that their businesses are under one business license.

(7) No additional tube fee shall be charged for electron microscopes, mammographic x-ray machines or airport baggage cabinet x-ray systems. Only the base registration fee described above is applicable.