WSR 13-11-019

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed May 7, 2013, 9:43 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 246-224-0010, 246-224-0050, 246-224-0070, 246-224-0080 and 246-224-0090, Radioactive protection -- Radiation machine assembly and registration. Clarifications to address the transfer of the master license service (MLS) program from the department of licensing (DOL) to the department of revenue (DOR).

     Hearing Location(s): Department of Health (DOH), Town Center Two, Room 530, 111 Israel Road S.E., Tumwater, WA 98501, on June 25, 2013, at 10:00 a.m.

     Date of Intended Adoption: July 1, 2013.

     Submit Written Comments to: Michelle K. Austin, Rules Coordinator, P.O. Box 47827, Olympia, WA 98504-7827, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2266, by June 25, 2013.

     Assistance for Persons with Disabilities: Contact Michelle K. Austin by June 17, 2013, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: During the 2011 legislative session, SHB 2017 (chapter 298, Laws of 2011) transferred the MLS program from DOL to DOR. The proposed revisions change references from DOL to DOR for the MLS program. For consistency with the statute, the proposed rules update name, address, and URL references in chapter 246-224 WAC.

     Reasons Supporting Proposal: The proposed rules provide clarity to those who must comply with the rules by including the appropriate name, address, and URL information for the MLS program.

     Statutory Authority for Adoption: RCW 70.98.050.

     Statute Being Implemented: RCW 70.98.080 and chapter 19.02 RCW.

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

     Name of Proponent: DOH, governmental.

     Name of Agency Personnel Responsible for Drafting: Michelle K. Austin, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-3250; Implementation and Enforcement: Dan Ven Gent, 111 Israel Road S.E., Tumwater, WA 98501, (253) 395-6716.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(d), a small business economic impact statement is not required for proposed rules that only correct typographical errors, make address or name changes, or clarify the language of a rule without changing its effect.

     A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(iv) exempts rules that only correct typographical errors, make address or name changes or clarify the language of a rule without changing its effect.

May 7, 2013

John Wiesman, DrPH, MPH

Secretary

OTS-4683.2


AMENDATORY SECTION(Amending WSR 08-09-079, filed 4/16/08, effective 5/17/08)

WAC 246-224-0010   Definitions.   (1) "Agent" means a person, company, or dealer; which assembles, installs, repairs, sells, or leases X-ray machines.

     (2) "Application" means, for the purpose of this chapter, the ((master)) business license application or business license renewal application and appropriate addenda used by the ((master license service)) BLS of the department of ((licensing (DOL))) revenue.

     (3) "BLS" means the department of revenue's business licensing service.

     (4) "Department" means the department of health.

     (("DOL" means the department of licensing.))

     (5) "Facility" means all buildings, structures, and operations on one contiguous site or identified by one physical location address designation at which one or more radiation machines are installed, manufactured, tested, or used.

     (6) "FDA" means the United States Food and Drug Administration.

     (("MLS" means the department of licensing's master license service.))

     (7) "Radiation" means, for the purposes of this chapter, ionizing radiation, including X-ray, electron beam, and other machine produced particulate radiation.

     (8) "Radiation machine" means, for purposes of this chapter, a device that, when operated, produces X-ray or electron radiation, in a prescribed manner, with defined characteristics, techniques, or parameters. It does not include devices with radioactive material as the only source of radiation.

     (9) "Registrant" means the owner or controller of the radiation machine who is responsible for the safe operation of the radiation machine.

     (10) "Registration" means providing required information and continuing contact with the department by any person possessing a radiation machine in accordance with regulations adopted by the department.

     (11) "Storage" means the status of a radiation machine that is approved by the department as being unable to produce radiation without substantial effort at set-up, reassembly, or reinstallation. For facilities with a radiation control authority, (((e.g.,)) for example radiation safety office) a locking or disabling procedure may serve to provide this status.

[Statutory Authority: RCW 19.02.050, 43.20B.020, 43.70.110, 70.98.050, and 70.98.080. 08-09-079, § 246-224-0010, filed 4/16/08, effective 5/17/08. Statutory Authority: RCW 70.98.050 and [70.98.]080. 02-14-050, § 246-224-0010, filed 6/27/02, effective 7/28/02.]


AMENDATORY SECTION(Amending WSR 08-09-079, filed 4/16/08, effective 5/17/08)

WAC 246-224-0050   When and how do I register?   (1) You must register with the department through submission of a ((master)) business license application and appropriate addendum used by ((MLS)) BLS no later than fifteen calendar days of initial use unless shielding plans review is required.

     (2) Facilities requiring shielding plan review must register with ((DOL)) BLS and submit plans to the department for review prior to construction or installation of radiation machines according to WAC 246-225-030, General requirements -- Plan review.

     (3) Registration is valid for one year from the department approval date, or any other date as may be determined through partnership with ((MLS)) BLS.

     (4) Pay applicable registration fees according to WAC 246-254-053, Radiation machine facility registration fees.

     (5) Submit registration information and applicable fees to ((MLS)) BLS in accordance with their instructions.


Note: For ((DOL)) BLS information, visit the following web site:
((http://www.dol.wa.gov/business/xray.htm.)) www.bls.dor.wa.gov.

[Statutory Authority: RCW 19.02.050, 43.20B.020, 43.70.110, 70.98.050, and 70.98.080. 08-09-079, § 246-224-0050, filed 4/16/08, effective 5/17/08. Statutory Authority: RCW 70.98.050 and [70.98.]080. 02-14-050, § 246-224-0050, filed 6/27/02, effective 7/28/02.]


AMENDATORY SECTION(Amending WSR 08-09-079, filed 4/16/08, effective 5/17/08)

WAC 246-224-0070   When and how do I report changes to my registration?   (1) You must notify ((DOL)) BLS within thirty days of any change to your registration information.

     (2) Submit registration changes to:


     Department of ((Licensing)) Revenue

     ((Master License)) Business Licensing Service

     P.O. Box ((49034)) 9034

     Olympia, WA ((98504)) 98507-9034

     ((360-664-1400 or fax 360-570-7875))

     Phone: 800-451-7985

     Fax: 360-705-6699

     E-mail: BLS@dor.wa.gov


Note: For office of radiation protection information, visit the following web site:
((http://www.doh.wa.gov/ehp/rp/Default.htm.)) www.doh.wa.gov.
For ((department of licensing)) BLS information, visit the following web site:
((http://www.dol.wa.gov/business/xray.htm.)) www.bls.dor.wa.gov.

[Statutory Authority: RCW 19.02.050, 43.20B.020, 43.70.110, 70.98.050, and 70.98.080. 08-09-079, § 246-224-0070, filed 4/16/08, effective 5/17/08. Statutory Authority: RCW 70.98.050 and [70.98.]080. 02-14-050, § 246-224-0070, filed 6/27/02, effective 7/28/02.]


AMENDATORY SECTION(Amending WSR 08-09-079, filed 4/16/08, effective 5/17/08)

WAC 246-224-0080   When and how do I renew my registration?   (1) You will receive registration renewal notices from ((DOL)) BLS.

     (2) You must submit renewal information and the applicable fees to ((DOL)) the department of revenue as specified by ((MLS)) BLS.

     (3) If you do not receive a renewal notice, contact ((DOL)) BLS.

[Statutory Authority: RCW 19.02.050, 43.20B.020, 43.70.110, 70.98.050, and 70.98.080. 08-09-079, § 246-224-0080, filed 4/16/08, effective 5/17/08. Statutory Authority: RCW 70.98.050 and [70.98.]080. 02-14-050, § 246-224-0080, filed 6/27/02, effective 7/28/02.]


AMENDATORY SECTION(Amending WSR 08-09-079, filed 4/16/08, effective 5/17/08)

WAC 246-224-0090   What are my obligations if I close my facility or get rid of a machine?   (1) You must notify the department or ((DOL)) BLS of the machine status within thirty days of closure or removal.

     (2) If the machine is disposed of or transferred within Washington state, you must provide the department the following:

     (a) The name and contact information of the recipient;

     (b) The address of the recipient; and

     (c) The date of the disposal or transfer.

     (3) If the machine is to be placed in storage and retained, contact the department for approval.

[Statutory Authority: RCW 19.02.050, 43.20B.020, 43.70.110, 70.98.050, and 70.98.080. 08-09-079, § 246-224-0090, filed 4/16/08, effective 5/17/08. Statutory Authority: RCW 70.98.050 and [70.98.]080. 02-14-050, § 246-224-0090, filed 6/27/02, effective 7/28/02.]