WSR 04-07-181

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed March 24, 2004, 9:31 p.m. ]

Original Notice.

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

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

Purpose: The department proposes to revise the X-ray fee schedule for the X-ray protection program in order to cover increases in program costs.

Other Identifying Information: The proposed increases are at or below the fiscal growth factor for fiscal year 04 which is 3.2%.

Statutory Authority for Adoption: RCW 43.70.250.

Statute Being Implemented: RCW 43.70.250.

Summary: Fees support the public health activities of the X-ray protection program and need to be adjusted to compensate for increased costs program, commitment to electronic document management/scanning to reduce file space in preparation for move to new building in 2005, and replacement of old instruments used to measure radiation and increased travel costs.

Reasons Supporting Proposal: Sufficient revenue is necessary to fulfill the department's public health obligations in this area.

Name of Agency Personnel Responsible for Drafting: Kelly Cooper, Tumwater, (360) 236-3012; Implementation and Enforcement: Mike Odlaug, Tumwater, (360) 236-3237.

Name of Proponent: Washington State Department of Health, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule currently contains a table of X-ray machine fees assessed on each type of X-ray facility, and is broken down into a base fee for every facility, followed by a "first tube" fee, and then by "additional tube" fees. The additional tube fees are lower than the first tube fees. The purpose of the fees is to support the registration and inspection program within the Office of Radiation Protection. The fee increases will allow the X-ray control program to continue its current level of public health activities, i.e., ensuring that unnecessary exposure to patients, the public and X-ray operators is minimized and that rules are followed to achieve this.

Proposal Changes the Following Existing Rules: The proposal amends WAC 246-254-053 by adjusting the fees within the fiscal year 2004 fiscal growth factor of 3.2%.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 29.85.025(3) [19.85.025(3)], rules that set or adjust fees pursuant to legislative standards are exempt from the requirements of the Regulatory Fairness Act.

RCW 34.05.328 does not apply to this rule adoption. Rules that set or adjust fees pursuant to legislative standards are exempt from the analysis required in RCW 34.05.328.

Hearing Location: Department of Health, 7171 Cleanwater Lane, Building 5, Tumwater, WA 98501, on April 27, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Mike Odlaug by April 20, 2004, TDD (800) 833-6388 or (360) 236-2255.

Submit Written Comments to: Terry Frazee, DOH-EHP-ORP, P.O. Box 47827, Olympia, WA 98504-7827, e-mail terry.frazee@doh.wa.gov, fax (360) 236-2255, by April 27, 2004.

Date of Intended Adoption: April 28, 2004.

March 23, 2004

M. C. Selecky

Secretary

OTS-7001.3


AMENDATORY SECTION(Amending WSR 03-13-122, filed 6/18/03, effective 7/19/03)

WAC 246-254-053   Radiation machine facility registration fees.   (1) Radiation machine facility fees apply to each person or facility owning, leasing and using radiation-producing machines.


FEE TYPE FEE
(a) Annual Base Registration Fee $((49)) 50
(b) Late registration or re-registration $((49)) 50
(c) Tube Fees See Table 1


TABLE 1

Radiation Tube Fees

Group First Tube Each Additional Tube
(i) Group A:

Dental, Podiatric, Veterinary uses

$((50))

51

$((25.50)) 26
(ii) Group B:

Hospital, Medical, Chiropractic uses

$((138)) 141 $((72))

74

(iii) Group C:

Industrial, research, and other uses

$((77))

79

$((25.50)) 26
(iv) Group D:

Electron Microscopes, Mammographic X-ray Machines

NA NA

(2) X-ray shielding fees.

(a) Facilities regulated under the shielding plan requirements of WAC 246-225-030 or 246-227-150 are subject to a $((92)) 94 X-ray shielding review fee for each X-ray room plan submitted.

(b) If a facility regulated under WAC 246-225-030 or 246-227-150 operates without submittal of X-ray shielding calculations and a floor plan it will be subject to a shielding design follow-up fee of $((49)) 50.

(3) Radiation safety fee. If a facility or group of facilities under one administrative control employs two or more full-time individuals whose positions are entirely devoted to in-house radiation safety, the facility shall pay a flat, annual fee of $((3,200)) 3,290.

(4) Consolidation of registration. Facilities may consolidate X-ray machine registrations into a single registration after notifying the department in writing and documenting that a single business license applies.

(5) Inspection fees.

(a) The cost of routine, periodic inspections, including the initial inspection, are covered under the base fee and tube registration fees as described in subsection (1) of this section.

(b) Facilities requiring follow-up inspections due to uncorrected noncompliances must pay an inspection follow-up fee of $90.

[Statutory Authority: RCW 43.70.250 and 43.70.110. 03-13-122, 246-254-053, filed 6/18/03, effective 7/19/03. Statutory Authority: RCW 43.70.250 and 2001 2nd sp.s. c 7 220. 02-07-085, 246-254-053, filed 3/19/02, effective 4/19/02. Statutory Authority: RCW 43.70.110. 01-14-048, 246-254-053, filed 6/29/01, effective 7/30/01; 99-13-085, 246-254-053, filed 6/14/99, effective 7/15/99; 98-11-066, 246-254-053, filed 5/19/98, effective 7/1/98. 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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