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Public Act 91-0188
HB2641 Enrolled LRB9101294ACprC
AN ACT in relation to radiation safety, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Radiation Installation Act is amended by
changing Section 1 as follows:
(420 ILCS 30/1) (from Ch. 111 1/2, par. 194)
Sec. 1. For the purposes of this Act:
(a) "Radiation" includes gamma rays and X-rays, alpha
and beta particles, high speed electrons, neutrons, protons,
and other nuclear particles or electromagnetic
electro-magnetic radiations capable of producing ions
directly or indirectly in their passage through matter; but
does not include sound or radio waves, or visible, infrared
or ultraviolet light.
(b) "radiation machine" is any device which is capable
of producing radiations when the associated control devices
are operated.
(c) "radioactive material" is any material, solid,
liquid or gas which emits radiation spontaneously.
(d) "radiation installation" is any location or facility
where radiation machines are used or where radioactive
material is produced, transported, stored, disposed or used
for any purpose.
(e) "operator" is an individual, group of individuals,
partnership, firm, corporation, or association, or other
entity conducting the business or activities carried on
within a radiation installation.
(f) "sealed source" is any device containing radioactive
material to be used primarily as a source of radiation which
has been constructed in such a manner as to prevent the
escape, under normal conditions, of any radioactive material.
(g) "Department" means the Department of Nuclear Safety
of this State.
(h) "Director" means the Director of the Department of
Nuclear Safety.
(i) "National Committee on Radiation Protection" shall
include, in the event the National Committee on Radiation
Protection ceases to recommend standards for radiation
protection, the organization which is the successor to said
Committee, or any comparable nationally recognized agency
which is established for the purpose of recommending
standards for radiation protection.
(Source: P.A. 81-1516.)
Section 10. The Radiation Protection Act of 1990 is
amended by changing Sections 4, 12, and 25 and by adding
Section 11.5 as follows:
(420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4)
Sec. 4. Definitions. As used in this Act:
(a) "By-product material" means: (1) any radioactive
material (except special nuclear material) yielded in or made
radioactive by exposure to radiation incident to the process
of producing or utilizing special nuclear material; and (2)
the tailings or wastes produced by the extraction or
concentration of uranium or thorium from any ore processed
primarily for its source material content, including discrete
surface wastes resulting from underground solution extraction
processes but not including underground ore bodies depleted
by such solution extraction processes.
(b) "Department" means the Department of Nuclear Safety
in the State of Illinois.
(c) "Director" means the Director of the Department of
Nuclear Safety.
(d) "General license" means a license, pursuant to
regulations promulgated by the Department, effective without
the filing of an application to transfer, acquire, own,
possess or use quantities of, or devices or equipment
utilizing, radioactive material, including but not limited to
by-product, source or special nuclear materials.
(e) "Person" means any individual, corporation,
partnership, firm, association, trust, estate, public or
private institution, group, agency, political subdivision of
this State, any other State or political subdivision or
agency thereof, and any legal successor, representative,
agent, or agency of the foregoing, other than the United
States Nuclear Regulatory Commission, or any successor
thereto, and other than federal government agencies licensed
by the United States Nuclear Regulatory Commission, or any
successor thereto. "Person" also includes a federal entity
(and its contractors) if the federal entity agrees to be
regulated by the State or as otherwise allowed under federal
law.
(f) "Radiation" or "ionizing radiation" means gamma rays
and X-rays, alpha and beta particles, high speed electrons,
neutrons, protons, and other nuclear particles; but not sound
or radio waves, or visible, infrared or ultraviolet light.
(g) "Radiation installation" is any location or facility
where radiation machines are used or where radioactive
material is produced, transported, stored, disposed of or
used for any purpose.
(h) "Radiation machine" is any device that produces
radiation when in use.
(i) "Radioactive material" means any solid, liquid or
gaseous substance which emits radiation spontaneously.
(j) "Radiation source" or "source of ionizing radiation"
means a radiation machine or radioactive material as defined
herein.
(k) "Source material" means (1) uranium, thorium, or any
other material which the Department declares by order to be
source material after the United States Nuclear Regulatory
Commission, or any successor thereto has determined the
material to be such; or (2) ores containing one or more of
the foregoing materials, in such concentration as the
Department declares by order to be source material after the
United States Nuclear Regulatory Commission, or any successor
thereto, has determined the material in such concentration to
be source material.
(l) "Special nuclear material" means (1) plutonium,
uranium 233, uranium enriched in the isotope 233 or in the
isotope 235, and any other material which the Department
declares by order to be special nuclear material after the
United States Nuclear Regulatory Commission, or any successor
thereto, has determined the material to be such, but does not
include source material; or (2) any material artificially
enriched by any of the foregoing, but does not include source
material.
(m) "Specific license" means a license, issued after
application, to use, manufacture, produce, transfer, receive,
acquire, own, or possess quantities of, or devices or
equipment utilizing radioactive materials.
(n) "Radiation emergency" means the uncontrolled release
of radioactive material from a radiation installation which
poses a potential threat to the public health, welfare, and
safety.
(o) "Accreditation" means the process by which the
Department of Nuclear Safety grants permission to persons
meeting the requirements of this Act and the Department's
rules and regulations to engage in the practice of
administering radiation to human beings.
(p) "Mammography" means radiography of the breast
primarily for the purpose of enabling a physician to
determine the presence, size, location and extent of
cancerous or potentially cancerous tissue in the breast.
(Source: P.A. 86-1341; 87-604.)
(420 ILCS 40/11.5 new)
Sec. 11.5. State regulation of federal entities. The
Department is authorized to regulate federal entities (and
their contractors) and radiation sources operated or
possessed by federal entities (or their contractors) if the
federal entities agree to be regulated by the State or the
regulation is otherwise allowed under federal law. The
Department may, by rule, establish fees to support the
regulation.
(420 ILCS 40/12) (from Ch. 111 1/2, par. 210-12)
Sec. 12. State licensure of the use, manufacture or
distribution of radioactive materials or devices or equipment
utilizing or producing such materials not regulated by the
United States Nuclear Regulatory Commission. Except as
otherwise provided in this Act, no person shall utilize,
manufacture, or distribute radioactive materials or devices
or equipment utilizing or producing such materials in this
State with the exception of those materials or devices
regulated by the Nuclear Regulatory Commission, without first
securing a license. After public hearing, the Department
shall adopt rules and regulations for:
(1) The issuance of licenses;
(2) The utilization, manufacture and distribution
of such radioactive materials or devices or equipment
utilizing or producing such materials; and
(3) The amendment, suspension or revocation of
licenses.
The Department may, by rule and regulation, exempt
certain sources of radiation or kinds of radiation or users
from the licensure and fee requirements of this Section when
the Department makes a finding that such exemption will not
constitute a significant risk to the health and safety of the
public. Federal agencies are exempt from the licensure and
fee requirements of this Section. State, county, and
municipal governmental agencies and educational institutions
shall be subject to licensure, but are exempt from fee
requirements of this Section.
Applications for licenses shall be made upon forms
prescribed and furnished by the Department and shall be
accompanied by the fees provided herein. Licenses shall
expire according to a schedule determined by the Department.
Applications for subsequent licenses shall be made 30 days
prior to expiration date.
Application and license fees shall be set by rule of the
Department.
The application fee for the use of such radioactive
materials shall be at a rate of $50 per year for the number
of years for which the license will be issued. The total fee
shall be paid at the time the application is made. The
application fee for manufacturers or distributors of such
radioactive materials or devices or equipment utilizing or
producing such materials shall be at a rate of $100 per year
for the number of years for which the license will be issued.
The total fee shall be paid at the time the application is
made. At such time Illinois enters into a Federal-State
Agreement, all application and license fees shall be
determined in accordance with Section 11 of this Act.
Each application fee shall be paid to the Department by
separate check or United States money order in amount of the
application fee only and any application fee or any part
thereof, once paid shall not be refunded, in the event an
application for a license is rejected. Should a licensee
terminate his license voluntarily prior to the expiration
date, a prorated refund will be issued by the State of
Illinois for those full years in which the license will not
be in effect.
This Section shall not apply to any x-ray machine
including those located in an office of a licensed physician
or dentist.
(Source: P.A. 86-1341.)
(420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25)
Sec. 25. Radiation inspection and testing; fees.
(a) The Department shall inspect and test radiation
installations and radiation sources, their immediate
surroundings and records concerning their operation to
determine whether or not any radiation resulting therefrom is
or may be detrimental to health. The inspection and testing
frequency of a radiation installation shall be based on the
installation's class designation in accordance with
subsection (f).
Inspections of mammography installations shall also
include evaluation of the quality of mammography phantom
images produced by mammography equipment. The Department
shall promulgate rules establishing procedures and acceptance
standards for evaluating the quality of mammography phantom
images.
Beginning on the effective date of this amendatory Act of
1997 and until June 30, 2000, the fee for inspection and
testing shall be paid yearly at an annualized rate based on
the classifications and frequencies set forth in subsection
(f). The annualized fee for inspection and testing shall be
based on the rate of $55 per radiation machine for machines
located in dental offices and clinics and used solely for
dental diagnosis, located in veterinary offices and used
solely for diagnosis, or located in offices and clinics of
persons licensed under the Podiatric Medical Practice Act of
1987 and shall be based on the rate of $80 per radiation
machine for all other radiation machines. The Department may
adopt rules detailing the annualized rate structure.
Beginning July 1, 2000, the Department shall establish by
rule inspection fees based on the type of facility and
equipment possessed by the registrant. The Department shall
bill the operator for the appropriate fee as soon as
practical after the machine has been inspected and tested.
Fees assessed under this subsection shall be due and
payable within 60 days of the date of billing. If after 60
days the fee for inspection and testing is not paid, the
Department may order the operator of the installation to
cease use of the machines for which the fee is outstanding or
take other appropriate enforcement action as provided in
Section 36 of this Act. Any order issued by the Department
shall afford the operator a right to a hearing before the
Department; however, a written request for hearing must be
served on the Department within 10 days of notice of the
order. If the operator fails to file a timely request for
hearing with the Department, the operator shall be deemed to
have waived the right to a hearing.
(b) In lieu of inspections by the Department, an
operator of a radiation installation may elect to utilize the
services of a nondepartment qualified inspector, as defined
in subsection (d), to inspect and test radiation machines
utilized therein. Inspection shall be personally performed
by the nondepartment qualified inspector and inspection and
testing results shall be documented on forms provided by the
Department. The nondepartment qualified inspector shall
certify on each radiation inspection report submitted to the
Department that the nondepartment qualified inspector
personally performed the inspection and that the inspection
was performed in accordance with the standards established by
the Department. Beginning on the effective date of this
amendatory Act of 1997 and until June 30, 2000, the fee for
inspection review as described in this subsection shall be
paid yearly at an annualized rate based on the
classifications and frequencies set forth in subsection (f).
The annualized inspection review fee shall be based on the
rate of $25 per radiation machine. The Department may adopt
rules detailing the annualized rate structure. On and after
July 1, 2000, the Department shall by rule establish the
inspection review fee. This inspection review fee shall not
apply to inspections of radiation machines used for
mammography. Fees assessed under this subsection are due and
payable within 60 days of the date of billing. If after 60
days the inspection review fee is not paid, the Department
may order the operator of the installation to cease use of
the machines for which a fee is outstanding or take other
appropriate enforcement action as provided in Section 36 of
this Act.
The inspection and testing frequency of a radiation
installation shall be based on the installation's class
designation and associated radiation hazards as determined by
the Department. For purposes of this Section, "operator"
means an individual, group of individuals, partnership, firm,
corporation, or association, or other entity conducting the
business or activities carried on within a radiation
installation.
(c) Every operator of a radiation installation shall
file an application for initial inspection and testing in
accordance with subsection (a) or (b) of this Section no
later than 30 days after the initial installation of a
radiation machine. Radiation machines shall be inspected and
tested in accordance with subsection (a) and (b) and
radiation inspection reports shall be filed with the
Department within 6 months of the date of initial
installation. Thereafter, applications for inspection and
testing as well as the filing of radiation inspection reports
shall be made periodically in accordance with a schedule
promulgated by the Department.
(d) Each individual who conducts inspections as a
nondepartment qualified inspector pursuant to subsection (b)
above shall register with the Department as a nondepartment
qualified inspector. Application for registration as a
nondepartment qualified inspector shall be made on a form
prescribed by the Department and shall be accompanied by the
appropriate application fee. The Department shall approve
the application and register an individual as a nondepartment
qualified inspector if the individual satisfies the criteria
established by the Department. The Department shall establish
such criteria by regulation. The Department shall suspend or
revoke the registration of any nondepartment qualified
inspector who fails to pay the registration fee, who fails to
conduct inspections in accordance with the standards
established by the Department, or who intentionally submits
to the Department an inspection report that contains false or
misleading information.
(e) The Department shall assess all nondepartment
qualified inspectors an annual registration fee. The
Department shall establish by rule the annual registration
fee which shall be payable by January 1 of each year. The
Department shall assess all individuals filing to become a
nondepartment inspector an application fee which will serve
as a registration fee for the remainder of the calendar year.
The Department shall by rule establish the application fee.
Registration and application fees are not refundable.
(f) For purposes of this Section, radiation
installations shall be defined as any location or facility
where radiation machines are used and shall be divided into 3
classes:
Class A - Class A shall include all radiation
machines located in dental offices and clinics and used
solely for dental diagnosis or located in veterinary
offices and used solely for diagnosis and all
installations using commercially manufactured cabinet
radiographic/fluoroscopic radiation machines. Operators
of Class A installations shall have their radiation
machines inspected and tested every 5 years in accordance
with Departmental regulations and radiation inspection
reports shall be filed in accordance with subsection (c).
Fees shall be in accordance with subsection (a) or (b) of
this Section.
Class B - Class B shall include all radiation
machines, other than machines used for performing
mammography, located in offices or clinics of persons
licensed under the Medical Practice Act of 1987, or under
the Podiatric Medical Practice Act of 1987, and used
solely for diagnosis and all installations using
spectroscopy radiation machines, noncommercially
manufactured cabinet radiographic/fluoroscopic radiation
machines, portable radiographic/fluoroscopic units,
non-cabinet baggage/package fluoroscopic radiation
machines and electronic beam welders. Operators of Class
B installations shall have their radiation machines
inspected and tested every 2 years in accordance with
Departmental regulations and radiation inspection reports
shall be filed in accordance with subsection (c). Fees
shall be in accordance with subsection (a) or (b) of this
Section.
Class C - Class C shall include all radiation
machines which are not classified as Class A or Class B.
Class C shall include but not be limited to radiation
machines located in hospitals and educational
institutions, all radiation machines used for performing
mammography procedures, therapy, and all installations
using diffraction radiation machines, open radiography
radiation machines, closed radiographic/fluoroscopic
radiation machines and radiation machines used as gauges.
Test booths, bays, or rooms used by manufacturing,
assembly or repair facilities for testing radiation
machines shall be categorized as Class C radiation
installations. Operators of Class C installations shall
have their radiation machines inspected and tested
annually in accordance with Departmental regulations and
radiation inspection reports shall be filed in accordance
with subsection (c). Fees shall be in accordance with
subsection (a) or (b) of this Section.
(g) The Department is authorized to maintain a facility
for the purpose of calibrating radiation detection and
measurement instruments in accordance with national
standards. The Department may make calibration services
available to public or private entities within or outside of
Illinois and may assess a reasonable fee for such services.
(Source: P.A. 89-199, eff. 7-21-95; 90-391, eff. 8-15-97.)
Section 15. The Laser System Act of 1997 is amended by
changing 15 and adding Section 22 as follows:
(420 ILCS 56/15)
Sec. 15. Definitions. For the purposes of this Act,
unless the context requires otherwise:
(1) "Department" means the Illinois Department of
Nuclear Safety.
(2) "Director" means the Director of Nuclear
Safety.
(3) "FDA" means the Food and Drug Administration of
the United States Department of Health and Human
Services.
(4) "Laser installation" means a location or
facility where laser systems are produced, stored,
disposed of, or used for any purpose.
(5) "Laser machine" means a device that is capable
of producing laser radiation when associated controlled
devices are operated.
(6) "Laser radiation" means an electromagnetic
radiation emitted from a laser system and includes all
reflected radiation, any secondary radiation, or other
forms of energy resulting from the primary laser beam.
(7) "Laser system" means a device, machine,
equipment, or other apparatus that applies a source of
energy to a gas, liquid, crystal, or other solid
substances or combination thereof in a manner that
electromagnetic radiations of a relatively uniform wave
length are amplified and emitted in a cohesive beam
capable of transmitting the energy developed in a manner
that may be harmful to living tissues, including but not
limited to electromagnetic waves in the range of visible,
infrared, or ultraviolet light. Such systems in schools,
colleges, occupational schools, and State colleges and
other State institutions are also included in the
definition of "laser systems".
(8) "Operator" is an individual, group of
individuals, partnership, firm, corporation, or
association, or other entity conducting the business or
activities carried on within a laser installation.
(Source: P.A. 90-209, eff. 7-25-97.)
(420 ILCS 56/22 new)
Sec. 22. State regulation of federal entities. The
Department is authorized to regulate laser installations
operated by federal entities (or their contractors) if the
federal entities agree to be regulated by the State or the
regulation is otherwise allowed under federal law. The
Department may, by rule, establish fees to support the
regulation.
Section 99. Effective date. This Act takes effect upon
becoming law.
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