94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2633

 

Introduced 1/20/2006, by Sen. Mike Jacobs

 

SYNOPSIS AS INTRODUCED:
 
420 ILCS 40/25   from Ch. 111 1/2, par. 210-25

    Amends the Radiation Protection Act of 1990. Eliminates fee provisions authorizing the Illinois Emergency Management Agency to assess fees for the inspection and testing of radiation installations and radiation sources. Effective immediately.


LRB094 19002 RSP 54488 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2633 LRB094 19002 RSP 54488 b

1     AN ACT concerning safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Radiation Protection Act of 1990 is amended
5 by changing Section 25 as follows:
 
6     (420 ILCS 40/25)  (from Ch. 111 1/2, par. 210-25)
7     (Section scheduled to be repealed on January 1, 2011)
8     Sec. 25. Radiation inspection and testing; fees.
9     (a) The Agency shall inspect and test radiation
10 installations and radiation sources, their immediate
11 surroundings and records concerning their operation to
12 determine whether or not any radiation resulting therefrom is
13 or may be detrimental to health. For the purposes of this
14 Section, "radiation installation" means any location or
15 facility where radiation machines are used. The inspection and
16 testing frequency of a radiation installation shall be based on
17 the installation's class designation in accordance with
18 subsection (f).
19     Inspections of mammography installations shall also
20 include evaluation of the quality of mammography phantom images
21 produced by mammography equipment. The Agency shall promulgate
22 rules establishing procedures and acceptance standards for
23 evaluating the quality of mammography phantom images.
24     Beginning on the effective date of this amendatory Act of
25 1997 and until June 30, 2000, the fee for inspection and
26 testing shall be paid yearly at an annualized rate based on the
27 classifications and frequencies set forth in subsection (f).
28 The annualized fee for inspection and testing shall be based on
29 the rate of $55 per radiation machine for machines located in
30 dental offices and clinics and used solely for dental
31 diagnosis, located in veterinary offices and used solely for
32 diagnosis, or located in offices and clinics of persons

 

 

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1 licensed under the Podiatric Medical Practice Act of 1987 and
2 shall be based on the rate of $80 per radiation machine for all
3 other radiation machines. The Department of Nuclear Safety may
4 adopt rules detailing the annualized rate structure. For the
5 year beginning January 1, 2000, the annual fee for inspection
6 and testing of Class D radiation installations shall be $25 per
7 radiation machine. The Department is authorized to bill the
8 fees listed in this paragraph as part of the annual fee
9 specified in Section 24.7 of this Act.
10     Beginning July 1, 2000, the Department of Nuclear Safety or
11 its successor agency, the Illinois Emergency Management
12 Agency, shall establish the fees under Section 24.7 of this Act
13 by rule, provided that no increase of the fees shall take
14 effect before January 1, 2001.
15     (b) (Blank).
16     (c) (Blank).
17     (d) (Blank).
18     (e) (Blank).
19     (f) For purposes of this Section, radiation installations
20 shall be divided into 4 classes:
21         Class A - Class A shall include dental offices and
22     veterinary offices with radiation machines used solely for
23     diagnosis and all installations using commercially
24     manufactured cabinet radiographic/fluoroscopic radiation
25     machines. Operators of Class A installations shall have
26     their radiation machines inspected and tested every 5 years
27     by the Agency.
28         Class B - Class B shall include offices or clinics of
29     persons licensed under the Medical Practice Act of 1987 or
30     the Podiatric Medical Practice Act of 1987 with radiation
31     machines used solely for diagnosis and all installations
32     using spectroscopy radiation machines, noncommercially
33     manufactured cabinet radiographic/fluoroscopic radiation
34     machines, portable radiographic/fluoroscopic units,
35     non-cabinet baggage/package fluoroscopic radiation
36     machines and electronic beam welders. Operators of Class B

 

 

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1     installations shall have their radiation machines
2     inspected and tested every 2 years by the Agency.
3         Class C - Class C shall include installations using
4     diffraction radiation machines, open radiography radiation
5     machines, closed radiographic/fluoroscopic radiation
6     machines and radiation machines used as gauges. Test
7     booths, bays, or rooms used by manufacturing, assembly or
8     repair facilities for testing radiation machines shall be
9     categorized as Class C radiation installations. Operators
10     of Class C installations shall have their radiation
11     machines inspected and tested annually by the Agency.
12         Class D - Class D shall include all hospitals and all
13     other facilities using mammography, computed tomography
14     (CT), or therapeutic radiation machines. Each operator of a
15     Class D installation shall maintain a comprehensive
16     radiation protection program. The individual or
17     individuals responsible for implementing this program
18     shall register with the Department of Nuclear Safety or its
19     successor agency, the Illinois Emergency Management
20     Agency, in accordance with Section 25.1. As part of this
21     program, the registered individual or individuals shall
22     conduct an annual performance evaluation of all radiation
23     machines and oversee the equipment-related quality
24     assurance practices within the installation. The
25     registered individual or individuals shall determine and
26     document whether the installation's radiation machines are
27     being maintained and operated in accordance with standards
28     promulgated by the Agency. Class D installation shall be
29     inspected annually by the Agency.
30     (f-1) Radiation installations for which more than one class
31 is applicable shall be assigned the classification requiring
32 the most frequent inspection and testing.
33     (f-2) Radiation installations not classified as Class A, B,
34 C, or D shall be inspected according to frequencies established
35 by the Agency based upon the associated radiation hazards, as
36 determined by the Agency.

 

 

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1     (g) The Agency is authorized to maintain a facility for the
2 purpose of calibrating radiation detection and measurement
3 instruments in accordance with national standards. The Agency
4 may make calibration services available to public or private
5 entities within or outside of Illinois and may assess a
6 reasonable fee for such services.
7 (Source: P.A. 94-104, eff. 7-1-05.)
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.