WSR 08-09-078



[ Filed April 16, 2008, 7:20 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-254-053 Radiation machine facility registration fees.

Hearing Location(s): Department of Health, Town Center 3, Room 224, 243 Israel Road S.E., Tumwater, WA 98501, on May 30, 2008, at 9:30 a.m.

Date of Intended Adoption: May 30, 2008.

Submit Written Comments to: Ellen G. Haars, Ph.D., P.O. Box 47827, Olympia, WA 98504-7827, web site, fax (360) 236-2266, by May 30, 2008.

Assistance for Persons with Disabilities: Contact Phyllis Hurtado by May 23, 2008, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of health is required under RCW 70.98.080 to regulate sources of ionizing radiation to protect the public health and safety. The X-ray program is a fee-supported regulatory program which registers and inspects approximately 6,000 X-ray facilities in Washington state. The facilities include hospitals, chiropractors, dentists, podiatrists, veterinarian, correctional, and industrial businesses. This proposed rule change increases registration fees for X-ray facilities by approximately 31.2% to meet the anticipated costs of the X-ray program, including the costs of inspections.

Reasons Supporting Proposal: The department of health is authorized under RCW 43.20B.020, 43.70.110, and 43.70.250 to charge registration fees to businesses operating X-ray machines that are sufficient to cover the full cost of administering the program. The fee must be based on the cost to the department of regulating the activity including the costs of inspections. The proposed fees are authorized by the health professions and facility fees addendum DOH 2008 in the conference operating budget as referenced in ESHB 2687.

Statutory Authority for Adoption: RCW 70.98.080, 43.20B.020, 43.70.250, and 43.70.110.

Statute Being Implemented: RCW 70.98.080, 43.20B.020, 43.70.250, and 43.70.110.

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

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ellen G. Haars, Ph.D., 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-3231.

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

A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b)(vi), rules that set or adjust fees pursuant to legislative standards are exempt from the requirement to prepare a cost-benefit analysis.

Mary C. Selecky



AMENDATORY SECTION(Amending WSR 07-14-130, filed 7/3/07, effective 8/3/07)

WAC 246-254-053   Radiation machine facility registration fees.   (1) Radiation machine facility fees apply to each person or facility owning, leasing or using radiation-producing machines. The annual facility fee consists of the base registration fee and a per tube charge, where applicable.

(a) Radiation Machine Facility Fees
Type of Facility Facility Base Fee Added Fee per Tube
(i) Dental, podiatric, veterinary uses $((102)) 134 See following table
(ii) Hospital, medical, chiropractic uses $((158)) 207 See following table
(iii) Industrial, research, educational, security, or other facilities $((140)) 184 See following table
(iv) Mammography only $((68)) 89 N/A
(v) Bone densitometry only $((68)) 89 N/A
(vi) Electron microscopes only $((68)) 89 N/A
(vii) Bomb squad only $((68)) 89 N/A
(viii) Radiation safety program as specified in subsection (3) of this section $((4,441)) 5,827 N/A

(b) Radiation Machine Tube Fees
Type of Tube Added Fee per Tube
(i) Dental (intraoral, panoramic, cephalometric, dental radiographic, and dental CT) $((35)) 46
(ii) Veterinary (radiographic, fluoroscopic, portable, mobile) $((35)) 46
(iii) Podiatric uses (radiographic, fluoroscopic) $((35)) 46
(iv) Mammography N/A
(v) Bone densitometry N/A
(vi) Electron microscope N/A
(vii) Bomb squad N/A
(viii) Medical radiographic (includes R/F combinations, fixed, portable, mobile) $((100)) 131
(ix) Medical fluoroscopic (includes R/F combinations, C-arm, Simulator, fixed, portable, mobile) $((100)) 131
(x) Therapy (Grenz Ray, Orthovoltage, nonaccelerator) $((100)) 131
(xi) Accelerators (therapy, other medical uses) $((100)) 131
(xii) Computer tomography (CT, CAT scanner) $((100)) 131
(xiii) Stereotactic (mammography) $((100)) 131
(xiv) Industrial radiographic $((35)) 46
(xv) Analytical, X-ray fluorescence $((35)) 46
(xvi) Industrial accelerators $((35)) 46
(xvii) Airport baggage $((35)) 46
(xviii) Cabinet (industrial, security, mail, other) $((35)) 46
(xiv) Other industrial uses (includes industrial fluoroscopic uses) $((35)) 46

(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 $((255)) 344 X-ray shielding review fee for each X-ray room plan submitted((.)); or

(b) A registrant may request an expedited plan review for ((an additional $500)) $1000 for each X-ray room plan. Expedited plan means the department will complete the plan review within two business days of receiving all required information from the registrant.

(((b))) (c) If a facility regulated under WAC 246-225-030 or 246-227-150 operates without submittal and departmental ((approval)) review of X-ray shielding calculations and a floor plan it will be subject to a shielding design follow-up fee of $((500)) 656.

(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 as specified in subsection (1)(a)(viii) of this section.

(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 to all buildings, structures and operations on one contiguous site using or identified by one physical address location designation.

(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)) 118 for each reinspection required.

(6) A facility's annual registration fee is valid for a specific geographical location and person only. It is not transferable to another geographical location or owner or user.

[Statutory Authority: RCW 19.02.050, 43.20B.020, 43.70.110, 43.70.250, 70.98.080. 07-14-130, 246-254-053, filed 7/3/07, effective 8/3/07. Statutory Authority: RCW 70.98.080, 43.20B.020, 43.70.110, and 43.70.250. 05-24-108, 246-254-053, filed 12/7/05, effective 1/7/06. Statutory Authority: RCW 43.70.250. 04-12-125, 246-254-053, filed 6/2/04, effective 7/3/04. 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.]

Washington State Code Reviser's Office