H.B. 356 Enrolled

STATE INSPECTIONS OF HOSPITALS AND HEALTH CLINICS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Gordon E. Snow
This act modifies the Radiation Control Act by providing statutory authority and requiring
the Radiation Control Board to by rule allow x-ray facilities to use qualified independent
experts to conduct inspections required by state law. This act also requires the board to
establish qualifications for independent experts.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
19-3-104, as last amended by Chapters 28 and 90, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 19-3-104 is amended to read:
19-3-104. Registration and licensing of radiation sources by department --
Assessment of fees -- Rulemaking authority and procedure -- Siting criteria.
(1) The board may require the registration or licensing of radiation sources that constitute
a significant health hazard.
(2) All sources of ionizing radiation, including ionizing radiation producing machines,
shall be registered or licensed by the department.
(3) The board may make rules:
(a) necessary for controlling exposure to sources of radiation that constitute a significant
health hazard;
(b) to meet the requirements of federal law relating to radiation control to ensure the
radiation control program under this part is qualified to maintain primacy from the federal
government; and
(c) to establish:
(i) board accreditation requirements and procedures for mammography facilities; and
(ii) certification procedure and qualifications for persons who survey mammography
equipment and oversee quality assurance practices at mammography facilities.

(4) (a) The department shall assess fees for registration, licensing, and inspection of radiation
sources under this section.
(b) The department shall comply with the requirements of Section 63-38-3.2 in assessing
fees for licensure and registration.
(5) The department shall coordinate its activities with the Department of Health rules made
under Section 26-21a-203 .
(6) (a) Except as provided in Subsection (7), the board may not adopt rules, for the purpose
of the state assuming responsibilities from the United States Nuclear Regulatory Commission with
respect to regulation of sources of ionizing radiation, that are more stringent than the corresponding
federal regulations which address the same circumstances.
(b) In adopting those rules, the board may incorporate corresponding federal regulations by
reference.
(7) (a) The board may adopt rules more stringent than corresponding federal regulations for
the purpose described in Subsection (6) only if it makes a written finding after public comment and
hearing and based on evidence in the record that corresponding federal regulations are not adequate
to protect public health and the environment of the state.
(b) Those findings shall be accompanied by an opinion referring to and evaluating the public
health and environmental information and studies contained in the record which form the basis for
the board's conclusion.
(8) (a) The board shall by rule:
(i) authorize independent qualified experts to conduct inspections required under this chapter
of x-ray facilities registered with the division; and
(ii) establish qualifications and certification procedures necessary for independent experts
to conduct these inspections.
(b) Independent experts under this Subsection (8) are not considered employees or
representatives of the division or the state when conducting the inspections.
[(8)] (9) (a) The board may by rule establish criteria for siting commercial low-level
radioactive waste treatment or disposal facilities.

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(b) Any facility for which a radioactive material license is required by this section shall
comply with those criteria.
(c) A facility may not receive a radioactive material license until siting criteria have been
established by the board. The criteria also apply to facilities that have applied for but not received
a radioactive material license.
[(9)] (10) The board shall by rule establish financial assurance requirements for closure and
postclosure care of radioactive waste land disposal facilities, taking into account existing financial
assurance requirements.

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