WSR 99-13-085

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed June 14, 1999, 9:20 a.m. ]

Date of Adoption: June 1, 1999.

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 a change in the format from a text-style to a chart-style, for ease of understanding. 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 99-09-099 on April 21, 1999.

Changes Other than Editing from Proposed to Adopted Version: An addition of references to WAC 246-225-030 and 246-227-150, so that it is clear that fees and penalties for shielding calculations apply only to cases where those calculations are required.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Thirty-one days after filing.

June 11, 1999

M. C. Selecky

OTS-2963.3


AMENDATORY SECTION(Amending WSR 98-11-066, filed 5/19/98, effective 7/1/98)

WAC 246-254-053
Radiation machine facility registration fees.

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

(a) Group A - For dental, veterinary, and podiatric uses:

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

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

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

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

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

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

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

(ii) 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 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 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 X-ray shielding calculations and floor plans submitted under WAC 246-225-030.  

(5) A penalty fee of forty-five dollars shall be charged to a facility where submittal of X-ray shielding calculations and floor plans required by WAC 246-225-030 was not made before the X-ray machine installation.

(6) Facilities electing to consolidate X-ray machine registrations into a single registration shall document in writing to DOH that their facilities are under one business license.

(7) Any X-ray facility found unregistered will be billed registration fees for the period of time since X-ray machine installation and/or operation.)) (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 $46
(b) Late registration or re-registration $46
(c) Penalty for operating without registration $46 for each year of unregistered operation
(d) Tube Fees See Table 1



TABLE 1


Radiation Tube Fees

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

Dental, Podiatric, Veterinary uses

$46 $23
(ii) Group B:

Hospital, Medical, Chiropractic uses

$127 $66
(iii) Group C:

Industrial, research, and other uses

$70 $23
(iv) Group D:

Electron Microscopes, Mammographic X-ray Machines, Bone Densitometers, and Airport Baggage Cabinet X-ray Systems

NA NA
(2) X-ray shielding fees and penalties.

(a) Facilities regulated under the shielding plan requirements of WAC 246-225-030 or 246-227-150 are subject to a $90 X-ray shielding review fee for each X-ray room.

(b) If a facility regulated under WAC 246-225-030 or 246-227-150 operates without X-ray shielding calculations or a floor plan review it will be subject to a $45 penalty.

(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 $2,900.

(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.

[Statutory Authority: RCW 43.70.110.  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.]

Washington State Code Reviser's Office