WSR 97-21-137

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed October 22, 1997, 9:24 a.m.]

Original Notice.

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

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

Purpose: To cover a 3% cost-of-living salary increase and to provide for an increase in staff time needed to meet a growing work load.

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

Summary: The proposed rule increases the registration fees paid by x-ray facility operators to the x-ray compliance program. The magnitude of these fee increases ranges from 1.12% to 3.75%.

Reasons Supporting Proposal: To cover a 3% cost-of-living salary increase and to provide for an increase in staff time needed to meet increases in work load.

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

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 proposed rule concerns increases in the registration fees paid by x-ray facility operators to the x-ray compliance program. The magnitude of these fee increases range from 1.12% to 3.75%. The purpose of the rule is to cover a 3% cost-of-living salary increase and to provide for an increase in staff time needed to meet an increase in work load. The changes in fees are as follows:

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Shielding calculations Penalty fee on late plan

Base fee Additional tube fee Additional tube fee and Floor plan review fee submissions and payments

(all facilities) (medical facilities) (all others) (all facilities) (all facilities)

Current: $44.50 $60.00 $21.00 $89 $89

Proposed: $45.00 $62.25 $21.75 $90 $90



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Proposal Changes the Following Existing Rules: The proposal changes the existing rule by increasing the current fees as indicated above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required for rules that set or adjust fees or rates pursuant to legislative standards.

RCW 34.05.328 does not apply to this rule adoption. A significant rule analysis is not required for rules that set or adjust fees or rates pursuant to legislative standards.

Hearing Location: The 7th Floor Conference Room of the Melbourne Tower, 1511 3rd Avenue, Seattle, WA, 98101, on Tuesday, December 2, 1997, at 10 a.m.

Assistance for Persons with Disabilities: Contact Mike Odlaug by Tuesday, December 2, 1997, TDD 1-800-833-6388.

Submit Written Comments to: Mike Odlaug, 1511 3rd Avenue, Suite 700, Seattle, WA 98101-1632, FAX (206) 464-7081, by December 2, 1997.

Date of Intended Adoption: Friday, December 5, 1997.

October 22, 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.

[Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 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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