WSR 98-07-081

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed March 17, 1998, 4:30 p.m.]



Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 246-254-053 Radiation machine facility registration fees

Purpose: Revise the fee schedule for x-ray facilities, clarify language of the rule without changing its effect

Statutory Authority for Adoption: RCW 43.70.110

Summary: A revision of the fee schedule to reflect program costs, and clarifying language depicting fee schedule. The fee increase is below 601 fiscal growth for fiscal year 1998

Reasons Supporting Proposal: Provide for the licensure and inspections of facilities that use x-ray equipment. The license and inspections are to ensure maximum protection of the public health and the maximum safety to all persons

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Michael Odlaug, Seattle, (206) 464-5408

Name of Proponent: Department of Health Environmental Health Programs, Radiation Protection Program, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule is a revision of the fee schedule for x-ray facilities found in WAC 246-254-053. A small increase is necessary to ensure that revenue will meet program costs. In addition there will be clarifying language to advocate understanding of the fee schedule and collection of fees from unregistered x-ray facilities. The fees associated with the initial x-ray tube will remain the same. Under the proposed fee increase, the fee associated with additional x-ray tubes will increase from $124.50 to $129.00 for medical facilities, and from $43.50 to $45.00 for all others. There will be no effect to a single tube chiropractor or doctor. The anticipated effect for a three x-ray tube dentist is an increase in fees of 1.1% and with respect to a ten x-ray tube hospital there would be a fee increase of 2.8%

Proposal Changes the Following Existing Rules: The fees associated with the first or initial x-ray tubes remains unchanged. The fees for additional x-ray tubes will have a small increase. Language has also been modified for clarification

No small business economic impact statement has been prepared under chapter 19.85 RCW. Fee impact on small business has been mitigated through the structure of the fee schedule. The fees you pay are based on the number of x-ray tubes your facility operates. A small facility that has a single tube, pays a fee based on a single x-ray tube, while a larger business that operates many tubes will pay a higher fee, based on the number of tubes that are operated. The more tubes you operate the larger your fee. In addition, under RCW 19.85.025, a small business impact statement is not required for rules that set or adjust fees pursuant to legislative standards. An economic impact analysis has been prepared.

RCW 34.05.328 does not apply to this rule adoption. As stated, this rule is an amendment to the fee schedule for radiation machine facility registration. As an adjustment to fees, to reflect program costs, pursuant to legislative standards this section is exempt from the significant rule analysis, per RCW 34.05.328 (5)(b)(iv).

Hearing Location: The 7th Floor Conference Room of the Melbourne Tower, 1511 3rd Avenue, Seattle, WA 98101, on April 23, 1998, at 1:00 p.m

Assistance for Persons with Disabilities: Contact Michael Odlaug by April 20, 1998, TDD (800) 833-6388

Submit Written Comments to: Michael Odlaug, FAX (206) 464-5408, by April 21, 1998

Date of Intended Adoption: May 1, 1998

March 17, 1998

Bruce Miyahara

Secretary

OTS-2053.2

AMENDATORY SECTION (Amending WSR 98-01-047, filed 12/8/97, effective 1/8/98)



WAC 246-254-053  Radiation machine facility registration fees. (1) Persons owning and/or leasing and using radiation-producing machines shall submit a ((ninety)) forty-five dollar registration fee to the department at the time of application and every ((two)) year((s)) thereafter. In addition, the annual tube fees are:

(a) Group A - For ((dentists, veterinarians, and podiatrists)) dental, veterinary, and podiatric uses, ((add)):

(i) ((Ninety)) Forty-five dollars for the first tube in Group A; and

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

(b) Group B - For hospitals and medical or chiropractic ((facilities)) uses, ((add)):

(i) ((Two hundred fifty)) One hundred twenty-five dollars for the first tube in Group B; and

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

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

(i) ((One hundred forty)) Seventy dollars for the first tube in Group C; and

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

(d) Group D - No tube fee shall be charged for electron microscopes, mammographic X-ray machines, bone densitometers or airport baggage cabinet X-ray systems.

(2) The department shall charge a maximum annual total fee of ((five thousand five hundred)) two-thousand eight-hundred twenty-five 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 ((ninety)) forty-five dollars shall be charged for late registration or late reregistration. See WAC 246-224-020 and 246-224-050.

(4) A fee of ninety dollars per X-ray room 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 ((ninety)) forty-five dollars shall be charged to a facility where submittal of ((medical)) X-ray shielding calculations and floor plans ((is)) required by WAC 246-225-030 was not made before the 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 in writing to DOH that their ((businesses)) facilities 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.)) Any X-ray facility found unregistered will be billed registration fees for the period of time since X-ray machine installation and/or operation.



[Statutory Authority: RCW 43.70.110, 43.70.250 and chapter 70.98 RCW. 98-01-047, 246-254-053, filed 12/8/97, effective 1/8/98; 96-11-043, 246-254-053, filed 5/8/96, effective 6/28/96; 95-12-004, 246-254-053, filed 5/25/95, effective 6/25/95; 94-11-010, 246-254-053, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), 246-254-053, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), 246-254-053, filed 10/29/91, effective 11/29/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-254-053, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20B.110. 89-16-064 (Order 2839), 440-44-050, filed 7/31/89, effective 8/31/89. Statutory Authority: RCW 43.20A.055. 86-08-054 (Order 2359), 440-44-050, filed 3/28/86. Statutory Authority: Chapter 70.98 RCW and 1985 c 383. 85-20-021 (Order 2283), 440-44-050, filed 9/23/85. Statutory Authority: RCW 43.20A.055. 85-13-007 (Order 2238), 440-44-050, filed 6/7/85; 83-12-058 (Order 1965), 440-44-050, filed 6/1/83. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), 440-44-050, filed 6/4/82.]

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