WSR 98-07-081
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed March 17, 1998, 4:30 p.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 246-254-053 Radiation machine facility registration fees
Purpose: Revise the fee schedule for x-ray facilities, clarify language of the rule without changing its effect
Statutory Authority for Adoption: RCW 43.70.110
Summary: A revision of the fee schedule to reflect program costs, and clarifying language depicting fee schedule. The fee increase is below 601 fiscal growth for fiscal year 1998
Reasons Supporting Proposal: Provide for the licensure and inspections of facilities that use x-ray equipment. The license and inspections are to ensure maximum protection of the public health and the maximum safety to all persons
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Michael Odlaug, Seattle, (206) 464-5408
Name of Proponent: Department of Health Environmental Health Programs, Radiation Protection Program, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule is a revision of the fee schedule for x-ray facilities found in WAC 246-254-053. A small increase is necessary to ensure that revenue will meet program costs. In addition there will be clarifying language to advocate understanding of the fee schedule and collection of fees from unregistered x-ray facilities. The fees associated with the initial x-ray tube will remain the same. Under the proposed fee increase, the fee associated with additional x-ray tubes will increase from $124.50 to $129.00 for medical facilities, and from $43.50 to $45.00 for all others. There will be no effect to a single tube chiropractor or doctor. The anticipated effect for a three x-ray tube dentist is an increase in fees of 1.1% and with respect to a ten x-ray tube hospital there would be a fee increase of 2.8%
Proposal Changes the Following Existing Rules: The fees associated with the first or initial x-ray tubes remains unchanged. The fees for additional x-ray tubes will have a small increase. Language has also been modified for clarification
No small business economic impact statement has been prepared under chapter 19.85 RCW. Fee impact on small business has been mitigated through the structure of the fee schedule. The fees you pay are based on the number of x-ray tubes your facility operates. A small facility that has a single tube, pays a fee based on a single x-ray tube, while a larger business that operates many tubes will pay a higher fee, based on the number of tubes that are operated. The more tubes you operate the larger your fee. In addition, under RCW 19.85.025, a small business impact statement is not required for rules that set or adjust fees pursuant to legislative standards. An economic impact analysis has been prepared.
RCW 34.05.328 does not apply to this rule adoption. As stated, this rule is an amendment to the fee schedule for radiation machine facility registration. As an adjustment to fees, to reflect program costs, pursuant to legislative standards this section is exempt from the significant rule analysis, per RCW 34.05.328 (5)(b)(iv).
Hearing Location: The 7th Floor Conference Room of the Melbourne Tower, 1511 3rd Avenue, Seattle, WA 98101, on April 23, 1998, at 1:00 p.m
Assistance for Persons with Disabilities: Contact Michael Odlaug by April 20, 1998, TDD (800) 833-6388
Submit Written Comments to: Michael Odlaug, FAX (206) 464-5408, by April 21, 1998
Date of Intended Adoption: May 1, 1998
March 17, 1998
Bruce Miyahara
Secretary
OTS-2053.2
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.]