093_HB1427
LRB093 03721 EFG 03751 b
1 AN ACT in relation to radiation protection.
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
5 amended 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7 (Section scheduled to be repealed on January 1, 2011)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 Department 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
16 and testing frequency of a radiation installation shall be
17 based on the installation's class designation in accordance
18 with subsection (f).
19 Inspections of mammography installations shall also
20 include evaluation of the quality of mammography phantom
21 images produced by mammography equipment. The Department
22 shall promulgate rules establishing procedures and acceptance
23 standards for evaluating the quality of mammography phantom
24 images.
25 Beginning on the effective date of this amendatory Act of
26 1997 and until June 30, 2000, the fee for inspection and
27 testing shall be paid yearly at an annualized rate based on
28 the classifications and frequencies set forth in subsection
29 (f). The annualized fee for inspection and testing shall be
30 based on the rate of $55 per radiation machine for machines
31 located in dental offices and clinics and used solely for
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1 dental diagnosis, located in veterinary offices and used
2 solely for diagnosis, or located in offices and clinics of
3 persons licensed under the Podiatric Medical Practice Act of
4 1987 and shall be based on the rate of $80 per radiation
5 machine for all other radiation machines. The Department may
6 adopt rules detailing the annualized rate structure. For the
7 year beginning January 1, 2000, the annual fee for inspection
8 and testing of Class D radiation installations shall be $25
9 per radiation machine. The Department is authorized to bill
10 the fees listed in this paragraph as part of the annual fee
11 specified in Section 24.7 of this Act.
12 Beginning July 1, 2000, the Department shall establish
13 the fees under Section 24.7 of this Act by rule, provided
14 that no increase of the fees shall take effect before January
15 1, 2001.
16 (b) (Blank).
17 (c) (Blank).
18 (d) (Blank).
19 (e) (Blank).
20 (f) For purposes of this Section, radiation
21 installations shall be divided into 4 classes:
22 Class A - Class A shall include dental offices and
23 veterinary offices with radiation machines used solely
24 for diagnosis and all installations using commercially
25 manufactured cabinet radiographic/fluoroscopic radiation
26 machines. Operators of Class A installations shall have
27 their radiation machines inspected and tested every 5
28 years by the Department.
29 Class B - Class B shall include offices or clinics
30 of persons licensed under the Medical Practice Act of
31 1987 or the Podiatric Medical Practice Act of 1987 with
32 radiation machines used solely for diagnosis and all
33 installations using spectroscopy radiation machines,
34 noncommercially manufactured cabinet
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1 radiographic/fluoroscopic radiation machines, portable
2 radiographic/fluoroscopic units, non-cabinet
3 baggage/package fluoroscopic radiation machines and
4 electronic beam welders. Operators of Class B
5 installations shall have their radiation machines
6 inspected and tested every 5 2 years by the Department.
7 Class C - Class C shall include installations using
8 diffraction radiation machines, open radiography
9 radiation machines, closed radiographic/fluoroscopic
10 radiation machines and radiation machines used as gauges.
11 Test booths, bays, or rooms used by manufacturing,
12 assembly or repair facilities for testing radiation
13 machines shall be categorized as Class C radiation
14 installations. Operators of Class C installations shall
15 have their radiation machines inspected and tested every
16 2 years annually by the Department.
17 Class D - Class D shall include all hospitals and
18 all other facilities using mammography, computed
19 tomography (CT), or therapeutic radiation machines. Each
20 operator of a Class D installation shall maintain a
21 comprehensive radiation protection program. The
22 individual or individuals responsible for implementing
23 this program shall register with the Department in
24 accordance with Section 25.1. As part of this program,
25 the registered individual or individuals shall conduct an
26 annual performance evaluation of all radiation machines
27 and oversee the equipment-related quality assurance
28 practices within the installation. The registered
29 individual or individuals shall determine and document
30 whether the installation's radiation machines are being
31 maintained and operated in accordance with standards
32 promulgated by the Department. Class D installation
33 shall be inspected every 2 years annually by the
34 Department.
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1 (f-1) Radiation installations for which more than one
2 class is applicable shall be assigned the classification
3 requiring the most frequent inspection and testing.
4 (f-2) Radiation installations not classified as Class A,
5 B, C, or D shall be inspected according to frequencies
6 established by the Department based upon the associated
7 radiation hazards, as determined by the Department.
8 (g) The Department is authorized to maintain a facility
9 for the purpose of calibrating radiation detection and
10 measurement instruments in accordance with national
11 standards. The Department may make calibration services
12 available to public or private entities within or outside of
13 Illinois and may assess a reasonable fee for such services.
14 (Source: P.A. 91-188, eff. 7-20-99; 91-340, eff. 7-29-99;
15 92-16, eff. 6-28-01.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.