WSR 17-20-062

PREPROPOSAL STATEMENT OF INQUIRY

[Filed October 2, 2017, 8:44 a.m.]

Subject of Possible Rule Making: WAC 246-224-0010 Definitions, 246-224-0040 What if we have separate locations with radiation machines?, 246-254-010 Definitions, and 246-254-053 Radiation machine facility registration fees, the department of health (department) is considering revising the fee structure for the registration of all X-ray radiation machines, which includes a facility base fee and a fee per tube.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.250, 43.20B.020, 70.98.080, and 43.70.110.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is considering revising the fee structure for WAC 246-254-053 Radiation machine facility registration fees. Fees are for the registration of all X-ray radiation machines, which includes a facility base fee and a fee per tube. WAC 246-254-053 allows an exception to the per tube fee for registrants with multiple facilities on a contiguous site, under one administrative control and a single business license, who employ at least two full-time radiation safety personnel. Under these circumstances, the registrants pay a "flat" facility base fee. The department's X-ray program is completely supported through fees. An X-ray inspector must inspect every registered facility. The department is considering changing the rule language to allow the department to remove the exception allowing a "flat" facility base fee and instead charge a fee per tube for every X-ray machine. This change would allow the department to adequately charge for its services and to cover the cost of administering the program. As part of this rule making, the department is considering clarifying the definition of "facility" and adding a definition for "contiguous" in WAC 246-224-0010 and 246-254-010 to support assessment of the facility base fee. Similarly, the department is also considering changing WAC 246-224-0040 to simplify and explain facility and machine registration

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department will coordinate with the department of revenue's business licensing service throughout the rule-making process, because the potential changes could affect the business licensing service's registration and fee collection processes.

Process for Developing New Rule: The department will use the collaborative rule-making approach. The department will inform stakeholders and interested parties with email and web postings. Stakeholders and interested parties will have the opportunity to provide comments throughout the rule-making process, during the formal comment period, and at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Michelle K. Austin, Rules Coordinator, P.O. Box 47820, Olympia, WA 98504-7820, phone 360-236-3250, TTY 360-833-6388 or 711, email michelle.austin@doh.wa.gov, web site www.doh.wa.gov; or Daniel Van Gent, Manager for the X-ray Section, P.O. Box 47827, Olympia, WA 98504-7820, phone 360-236-3231, TTY 360-833-6388 or 711, email daniel.vangent@doh.wa.gov, web site http://www.doh.wa.gov/CommunityandEnvironment/Radiation.

September 29, 2017

John Wiesman, DrPH, MPH

Secretary