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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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