Purpose: This rule is a revision of the fee schedule for x-ray machine facility registration. The purpose of the fee increase is to ensure that revenue will meet program costs. There is also clarifying language that facilitates understanding of the fee schedule, as well as the collection of fees from unregistered radiation machine facilities. The fee increase will maintain current levels of service and public health protection.

Citation of Existing Rules Affected by this Order: Amending WAC 246-254-053.

Statutory Authority for Adoption: RCW 43.70.110.

Adopted under notice filed as WSR 98-07-081 on March 17, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: July 1, 1998.

May 18, 1998

Bruce Miyahara

Secretary

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.]