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91_HB2641eng HB2641 Engrossed LRB9101294ACprC 1 AN ACT in relation to radiation safety, amending named 2 Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Radiation Installation Act is amended by 6 changing Section 1 as follows: 7 (420 ILCS 30/1) (from Ch. 111 1/2, par. 194) 8 Sec. 1. For the purposes of this Act: 9 (a) "Radiation" includes gamma rays and X-rays, alpha 10 and beta particles, high speed electrons, neutrons, protons, 11 and other nuclear particles or electromagnetic 12electro-magneticradiations capable of producing ions 13 directly or indirectly in their passage through matter; but 14 does not include sound or radio waves, or visible, infrared 15 or ultraviolet light. 16 (b) "radiation machine" is any device which is capable 17 of producing radiations when the associated control devices 18 are operated. 19 (c) "radioactive material" is any material, solid, 20 liquid or gas which emits radiation spontaneously. 21 (d) "radiation installation" is any location or facility 22 where radiation machines are used or where radioactive 23 material is produced, transported, stored, disposed or used 24 for any purpose. 25 (e) "operator" is an individual, group of individuals, 26 partnership, firm, corporation,orassociation, or other 27 entity conducting the business or activities carried on 28 within a radiation installation. 29 (f) "sealed source" is any device containing radioactive 30 material to be used primarily as a source of radiation which 31 has been constructed in such a manner as to prevent the HB2641 Engrossed -2- LRB9101294ACprC 1 escape, under normal conditions, of any radioactive material. 2 (g) "Department" means the Department of Nuclear Safety 3 of this State. 4 (h) "Director" means the Director of the Department of 5 Nuclear Safety. 6 (i) "National Committee on Radiation Protection" shall 7 include, in the event the National Committee on Radiation 8 Protection ceases to recommend standards for radiation 9 protection, the organization which is the successor to said 10 Committee, or any comparable nationally recognized agency 11 which is established for the purpose of recommending 12 standards for radiation protection. 13 (Source: P.A. 81-1516.) 14 Section 10. The Radiation Protection Act of 1990 is 15 amended by changing Sections 4, 12, and 25 and by adding 16 Section 11.5 as follows: 17 (420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4) 18 Sec. 4. Definitions. As used in this Act: 19 (a) "By-product material" means: (1) any radioactive 20 material (except special nuclear material) yielded in or made 21 radioactive by exposure to radiation incident to the process 22 of producing or utilizing special nuclear material; and (2) 23 the tailings or wastes produced by the extraction or 24 concentration of uranium or thorium from any ore processed 25 primarily for its source material content, including discrete 26 surface wastes resulting from underground solution extraction 27 processes but not including underground ore bodies depleted 28 by such solution extraction processes. 29 (b) "Department" means the Department of Nuclear Safety 30 in the State of Illinois. 31 (c) "Director" means the Director of the Department of 32 Nuclear Safety. HB2641 Engrossed -3- LRB9101294ACprC 1 (d) "General license" means a license, pursuant to 2 regulations promulgated by the Department, effective without 3 the filing of an application to transfer, acquire, own, 4 possess or use quantities of, or devices or equipment 5 utilizing, radioactive material, including but not limited to 6 by-product, source or special nuclear materials. 7 (e) "Person" means any individual, corporation, 8 partnership, firm, association, trust, estate, public or 9 private institution, group, agency, political subdivision of 10 this State, any other State or political subdivision or 11 agency thereof, and any legal successor, representative, 12 agent, or agency of the foregoing, other than the United 13 States Nuclear Regulatory Commission, or any successor 14 thereto, and other than federal government agencies licensed 15 by the United States Nuclear Regulatory Commission, or any 16 successor thereto. "Person" also includes a federal entity 17 (and its contractors) if the federal entity agrees to be 18 regulated by the State or as otherwise allowed under federal 19 law. 20 (f) "Radiation" or "ionizing radiation" means gamma rays 21 and X-rays, alpha and beta particles, high speed electrons, 22 neutrons, protons, and other nuclear particles; but not sound 23 or radio waves, or visible, infrared or ultraviolet light. 24 (g) "Radiation installation" is any location or facility 25 where radiation machines are used or where radioactive 26 material is produced, transported, stored, disposed of or 27 used for any purpose. 28 (h) "Radiation machine" is any device that produces 29 radiation when in use. 30 (i) "Radioactive material" means any solid, liquid or 31 gaseous substance which emits radiation spontaneously. 32 (j) "Radiation source" or "source of ionizing radiation" 33 means a radiation machine or radioactive material as defined 34 herein. HB2641 Engrossed -4- LRB9101294ACprC 1 (k) "Source material" means (1) uranium, thorium, or any 2 other material which the Department declares by order to be 3 source material after the United States Nuclear Regulatory 4 Commission, or any successor thereto has determined the 5 material to be such; or (2) ores containing one or more of 6 the foregoing materials, in such concentration as the 7 Department declares by order to be source material after the 8 United States Nuclear Regulatory Commission, or any successor 9 thereto, has determined the material in such concentration to 10 be source material. 11 (l) "Special nuclear material" means (1) plutonium, 12 uranium 233, uranium enriched in the isotope 233 or in the 13 isotope 235, and any other material which the Department 14 declares by order to be special nuclear material after the 15 United States Nuclear Regulatory Commission, or any successor 16 thereto, has determined the material to be such, but does not 17 include source material; or (2) any material artificially 18 enriched by any of the foregoing, but does not include source 19 material. 20 (m) "Specific license" means a license, issued after 21 application, to use, manufacture, produce, transfer, receive, 22 acquire, own, or possess quantities of, or devices or 23 equipment utilizing radioactive materials. 24 (n) "Radiation emergency" means the uncontrolled release 25 of radioactive material from a radiation installation which 26 poses a potential threat to the public health, welfare, and 27 safety. 28 (o) "Accreditation" means the process by which the 29 Department of Nuclear Safety grants permission to persons 30 meeting the requirements of this Act and the Department's 31 rules and regulations to engage in the practice of 32 administering radiation to human beings. 33 (p) "Mammography" means radiography of the breast 34 primarily for the purpose of enabling a physician to HB2641 Engrossed -5- LRB9101294ACprC 1 determine the presence, size, location and extent of 2 cancerous or potentially cancerous tissue in the breast. 3 (Source: P.A. 86-1341; 87-604.) 4 (420 ILCS 40/11.5 new) 5 Sec. 11.5. State regulation of federal entities. The 6 Department is authorized to regulate federal entities (and 7 their contractors) and radiation sources operated or 8 possessed by federal entities (or their contractors) if the 9 federal entities agree to be regulated by the State or the 10 regulation is otherwise allowed under federal law. The 11 Department may, by rule, establish fees to support the 12 regulation. 13 (420 ILCS 40/12) (from Ch. 111 1/2, par. 210-12) 14 Sec. 12. State licensure of the use, manufacture or 15 distribution of radioactive materials or devices or equipment 16 utilizing or producing such materials not regulated by the 17 United States Nuclear Regulatory Commission. Except as 18 otherwise provided in this Act, no person shall utilize, 19 manufacture, or distribute radioactive materials or devices 20 or equipment utilizing or producing such materials in this 21 State with the exception of those materials or devices 22 regulated by the Nuclear Regulatory Commission, without first 23 securing a license. After public hearing, the Department 24 shall adopt rules and regulations for: 25 (1) The issuance of licenses; 26 (2) The utilization, manufacture and distribution 27 of such radioactive materials or devices or equipment 28 utilizing or producing such materials; and 29 (3) The amendment, suspension or revocation of 30 licenses. 31 The Department may, by rule and regulation, exempt 32 certain sources of radiation or kinds of radiation or users HB2641 Engrossed -6- LRB9101294ACprC 1 from the licensure and fee requirements of this Section when 2 the Department makes a finding that such exemption will not 3 constitute a significant risk to the health and safety of the 4 public.Federal agencies are exempt from the licensure and5fee requirements of this Section.State, county, and 6 municipal governmental agencies and educational institutions 7 shall be subject to licensure, but are exempt from fee 8 requirements of this Section. 9 Applications for licenses shall be made upon forms 10 prescribed and furnished by the Department and shall be 11 accompanied by the fees provided herein. Licenses shall 12 expire according to a schedule determined by the Department. 13Applications for subsequent licenses shall be made 30 days14prior to expiration date.15 Application and license fees shall be set by rule of the 16 Department. 17The application fee for the use of such radioactive18materials shall be at a rate of $50 per year for the number19of years for which the license will be issued. The total fee20shall be paid at the time the application is made. The21application fee for manufacturers or distributors of such22radioactive materials or devices or equipment utilizing or23producing such materials shall be at a rate of $100 per year24for the number of years for which the license will be issued.25The total fee shall be paid at the time the application is26made. At such time Illinois enters into a Federal-State27Agreement, all application and license fees shall be28determined in accordance with Section 11 of this Act.29Each application fee shall be paid to the Department by30separate check or United States money order in amount of the31application fee only and any application fee or any part32thereof, once paid shall not be refunded, in the event an33application for a license is rejected. Should a licensee34terminate his license voluntarily prior to the expirationHB2641 Engrossed -7- LRB9101294ACprC 1date, a prorated refund will be issued by the State of2Illinois for those full years in which the license will not3be in effect.4 This Section shall not apply to any x-ray machine 5 including those located in an office of a licensed physician 6 or dentist. 7 (Source: P.A. 86-1341.) 8 (420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25) 9 Sec. 25. Radiation inspection and testing; fees. 10 (a) The Department shall inspect and test radiation 11 installations and radiation sources, their immediate 12 surroundings and records concerning their operation to 13 determine whether or not any radiation resulting therefrom is 14 or may be detrimental to health. The inspection and testing 15 frequency of a radiation installation shall be based on the 16 installation's class designation in accordance with 17 subsection (f). 18 Inspections of mammography installations shall also 19 include evaluation of the quality of mammography phantom 20 images produced by mammography equipment. The Department 21 shall promulgate rules establishing procedures and acceptance 22 standards for evaluating the quality of mammography phantom 23 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 27 the classifications and frequencies set forth in subsection 28 (f). The annualized fee for inspection and testing shall be 29 based on the rate of $55 per radiation machine for machines 30 located in dental offices and clinics and used solely for 31 dental diagnosis, located in veterinary offices and used 32 solely for diagnosis, or located in offices and clinics of 33 persons licensed under the Podiatric Medical Practice Act of HB2641 Engrossed -8- LRB9101294ACprC 1 1987 and shall be based on the rate of $80 per radiation 2 machine for all other radiation machines. The Department may 3 adopt rules detailing the annualized rate structure. 4 Beginning July 1, 2000, the Department shall establish by 5 rule inspection fees based on the type of facility and 6 equipment possessed by the registrant. The Department shall 7 bill the operator for the appropriate fee as soon as 8 practical after the machine has been inspected and tested. 9 Fees assessed under this subsection shall be due and 10 payable within 60 days of the date of billing. If after 60 11 days the fee for inspection and testing is not paid, the 12 Department may order the operator of the installation to 13 cease use of the machines for which the fee is outstanding or 14 take other appropriate enforcement action as provided in 15 Section 36 of this Act. Any order issued by the Department 16 shall afford the operator a right to a hearing before the 17 Department; however, a written request for hearing must be 18 served on the Department within 10 days of notice of the 19 order. If the operator fails to file a timely request for 20 hearing with the Department, the operator shall be deemed to 21 have waived the right to a hearing. 22 (b) In lieu of inspections by the Department, an 23 operator of a radiation installation may elect to utilize the 24 services of a nondepartment qualified inspector, as defined 25 in subsection (d), to inspect and test radiation machines 26 utilized therein. Inspection shall be personally performed 27 by the nondepartment qualified inspector and inspection and 28 testing results shall be documented on forms provided by the 29 Department. The nondepartment qualified inspector shall 30 certify on each radiation inspection report submitted to the 31 Department that the nondepartment qualified inspector 32 personally performed the inspection and that the inspection 33 was performed in accordance with the standards established by 34 the Department. Beginning on the effective date of this HB2641 Engrossed -9- LRB9101294ACprC 1 amendatory Act of 1997 and until June 30, 2000, the fee for 2 inspection review as described in this subsection shall be 3 paid yearly at an annualized rate based on the 4 classifications and frequencies set forth in subsection (f). 5 The annualized inspection review fee shall be based on the 6 rate of $25 per radiation machine. The Department may adopt 7 rules detailing the annualized rate structure. On and after 8 July 1, 2000, the Department shall by rule establish the 9 inspection review fee. This inspection review fee shall not 10 apply to inspections of radiation machines used for 11 mammography. Fees assessed under this subsection are due and 12 payable within 60 days of the date of billing. If after 60 13 days the inspection review fee is not paid, the Department 14 may order the operator of the installation to cease use of 15 the machines for which a fee is outstanding or take other 16 appropriate enforcement action as provided in Section 36 of 17 this Act. 18 The inspection and testing frequency of a radiation 19 installation shall be based on the installation's class 20 designation and associated radiation hazards as determined by 21 the Department. For purposes of this Section, "operator" 22 means an individual, group of individuals, partnership, firm, 23 corporation,orassociation, or other entity conducting the 24 business or activities carried on within a radiation 25 installation. 26 (c) Every operator of a radiation installation shall 27 file an application for initial inspection and testing in 28 accordance with subsection (a) or (b) of this Section no 29 later than 30 days after the initial installation of a 30 radiation machine. Radiation machines shall be inspected and 31 tested in accordance with subsection (a) and (b) and 32 radiation inspection reports shall be filed with the 33 Department within 6 months of the date of initial 34 installation. Thereafter, applications for inspection and HB2641 Engrossed -10- LRB9101294ACprC 1 testing as well as the filing of radiation inspection reports 2 shall be made periodically in accordance with a schedule 3 promulgated by the Department. 4 (d) Each individual who conducts inspections as a 5 nondepartment qualified inspector pursuant to subsection (b) 6 above shall register with the Department as a nondepartment 7 qualified inspector. Application for registration as a 8 nondepartment qualified inspector shall be made on a form 9 prescribed by the Department and shall be accompanied by the 10 appropriate application fee. The Department shall approve 11 the application and register an individual as a nondepartment 12 qualified inspector if the individual satisfies the criteria 13 established by the Department. The Department shall establish 14 such criteria by regulation. The Department shall suspend or 15 revoke the registration of any nondepartment qualified 16 inspector who fails to pay the registration fee, who fails to 17 conduct inspections in accordance with the standards 18 established by the Department, or who intentionally submits 19 to the Department an inspection report that contains false or 20 misleading information. 21 (e) The Department shall assess all nondepartment 22 qualified inspectors an annual registration fee. The 23 Department shall establish by rule the annual registration 24 fee which shall be payable by January 1 of each year. The 25 Department shall assess all individuals filing to become a 26 nondepartment inspector an application fee which will serve 27 as a registration fee for the remainder of the calendar year. 28 The Department shall by rule establish the application fee. 29 Registration and application fees are not refundable. 30 (f) For purposes of this Section, radiation 31 installations shall be defined as any location or facility 32 where radiation machines are used and shall be divided into 3 33 classes: 34 Class A - Class A shall include all radiation HB2641 Engrossed -11- LRB9101294ACprC 1 machines located in dental offices and clinics and used 2 solely for dental diagnosis or located in veterinary 3 offices and used solely for diagnosis and all 4 installations using commercially manufactured cabinet 5 radiographic/fluoroscopic radiation machines. Operators 6 of Class A installations shall have their radiation 7 machines inspected and tested every 5 years in accordance 8 with Departmental regulations and radiation inspection 9 reports shall be filed in accordance with subsection (c). 10 Fees shall be in accordance with subsection (a) or (b) of 11 this Section. 12 Class B - Class B shall include all radiation 13 machines, other than machines used for performing 14 mammography, located in offices or clinics of persons 15 licensed under the Medical Practice Act of 1987, or under 16 the Podiatric Medical Practice Act of 1987, and used 17 solely for diagnosis and all installations using 18 spectroscopy radiation machines, noncommercially 19 manufactured cabinet radiographic/fluoroscopic radiation 20 machines, portable radiographic/fluoroscopic units, 21 non-cabinet baggage/package fluoroscopic radiation 22 machines and electronic beam welders. Operators of Class 23 B installations shall have their radiation machines 24 inspected and tested every 2 years in accordance with 25 Departmental regulations and radiation inspection reports 26 shall be filed in accordance with subsection (c). Fees 27 shall be in accordance with subsection (a) or (b) of this 28 Section. 29 Class C - Class C shall include all radiation 30 machines which are not classified as Class A or Class B. 31 Class C shall include but not be limited to radiation 32 machines located in hospitals and educational 33 institutions, all radiation machines used for performing 34 mammography procedures, therapy, and all installations HB2641 Engrossed -12- LRB9101294ACprC 1 using diffraction radiation machines, open radiography 2 radiation machines, closed radiographic/fluoroscopic 3 radiation machines and radiation machines used as gauges. 4 Test booths, bays, or rooms used by manufacturing, 5 assembly or repair facilities for testing radiation 6 machines shall be categorized as Class C radiation 7 installations. Operators of Class C installations shall 8 have their radiation machines inspected and tested 9 annually in accordance with Departmental regulations and 10 radiation inspection reports shall be filed in accordance 11 with subsection (c). Fees shall be in accordance with 12 subsection (a) or (b) of this Section. 13 (g) The Department is authorized to maintain a facility 14 for the purpose of calibrating radiation detection and 15 measurement instruments in accordance with national 16 standards. The Department may make calibration services 17 available to public or private entities within or outside of 18 Illinois and may assess a reasonable fee for such services. 19 (Source: P.A. 89-199, eff. 7-21-95; 90-391, eff. 8-15-97.) 20 Section 15. The Laser System Act of 1997 is amended by 21 changing 15 and adding Section 22 as follows: 22 (420 ILCS 56/15) 23 Sec. 15. Definitions. For the purposes of this Act, 24 unless the context requires otherwise: 25 (1) "Department" means the Illinois Department of 26 Nuclear Safety. 27 (2) "Director" means the Director of Nuclear 28 Safety. 29 (3) "FDA" means the Food and Drug Administration of 30 the United States Department of Health and Human 31 Services. 32 (4) "Laser installation" means a location or HB2641 Engrossed -13- LRB9101294ACprC 1 facility where laser systems are produced, stored, 2 disposed of, or used for any purpose. 3 (5) "Laser machine" means a device that is capable 4 of producing laser radiation when associated controlled 5 devices are operated. 6 (6) "Laser radiation" means an electromagnetic 7 radiation emitted from a laser system and includes all 8 reflected radiation, any secondary radiation, or other 9 forms of energy resulting from the primary laser beam. 10 (7) "Laser system" means a device, machine, 11 equipment, or other apparatus that applies a source of 12 energy to a gas, liquid, crystal, or other solid 13 substances or combination thereof in a manner that 14 electromagnetic radiations of a relatively uniform wave 15 length are amplified and emitted in a cohesive beam 16 capable of transmitting the energy developed in a manner 17 that may be harmful to living tissues, including but not 18 limited to electromagnetic waves in the range of visible, 19 infrared, or ultraviolet light. Such systems in schools, 20 colleges, occupational schools, and State colleges and 21 other State institutions are also included in the 22 definition of "laser systems". 23 (8) "Operator" is an individual, group of 24 individuals, partnership, firm, corporation,or25 association, or other entity conducting the business or 26 activities carried on within a laser installation. 27 (Source: P.A. 90-209, eff. 7-25-97.) 28 (420 ILCS 56/22 new) 29 Sec. 22. State regulation of federal entities. The 30 Department is authorized to regulate laser installations 31 operated by federal entities (or their contractors) if the 32 federal entities agree to be regulated by the State or the 33 regulation is otherwise allowed under federal law. The HB2641 Engrossed -14- LRB9101294ACprC 1 Department may, by rule, establish fees to support the 2 regulation. 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.