20-21-217. Licensing and registration requirements — Compliance with standards — Fees.

20-21-217. Licensing and registration requirements — Compliance with standards — Fees. (a) In licensing and regulation of radioactive material or of any activity which results in the production of radioactive materials so defined, the State Radiation Control Agency shall require compliance with applicable standards promulgated by the State Radiation Control Agency which are equivalent to or more stringent than standards adopted and enforced by the United States Nuclear Regulatory Commission for the same purpose, including requirements and standards promulgated by the United States Environmental Protection Agency. (b) Until the State Board of Health promulgates rules under subsection (d) of this section, the State Radiation Control Agency may charge and collect the following annual fees associated with licensing and registration of sources of ionizing radiation: (1) Hospitals or medical centers: (A) Category I-A $900.00 (B) Category I-B 700.00 (C) Category II-A 650.00 (D) Category II-B 450.00 (E) Category III 200.00 (2) Radioactive material licenses: (A) Private practice, other than teletherapy units or particle accelerators $100.00 (B) Radiography: (i) In plant 350.00 for first bay 500.00 for 2 or more bays (ii) Field 1,000.00 (C) Wireline service operation 300.00 for 1 to 3 sources 500.00 for 4 or more sources (D) Academic: (i) Broad 500.00 (ii) Other 200.00 (E) Gas chromatograph devices and lead analyzers 100.00 (F) Nuclear gauges 300.00 for 1 to 5 gauges 500.00 for 6 or more gauges (G) Particle accelerators, nonmedical 200.00 (H) In vitro laboratory testing 25.00 (I) Irradiators 1,000.00 (J) Nuclear pharmacy 1,000.00 (K) Mobile nuclear medicine service 1,200.00 (L) Consultants 250.00 (3) General licensed devices: Initial registration and annual fees for the receipt, possession, or use of radioactive material under a general license or a license obtained through reciprocity, as defined by the State Radiation Control Agency, shall be as follows: (A) Certain measuring, gauging, and controlling devices $300.00 (B) Generally licensed gas chromatographs 200.00 (C) Static elimination devices 100.00 (D) Source material devices 500.00 (E) Devices containing depleted uranium 500.00 (F) Public safety devices containing radioactive material 50.00 (G) All other general license registrations other than those specified above 150.00 (4) Other: (A) Medical, therapy, nonhospital unit $250.00 for first unit 175.00 for each additional unit (B) Particle accelerator, medical, nonhospital unit 450.00 for first unit 300.00 for each additional unit (C) State Board of Health Rules for Control of Sources of Ionizing Radiation 0.00 for first copy 30.00 for each additional copy (D) Naturally occurring radioactive material license 2,500.00 (E) Amendment to existing license 50.00 per amendment (5) Reciprocity: (A) Naturally occurring radioactive material $2,500.00 (B) Radiography, field 1,000.00 (C) Wireline 500.00 (D) Nuclear gauge 500.00 (E) Consultant 100.00 (6) Late fees: A late fee equal to ten percent (10%) of the applicable fee shall be charged for fees not received within sixty (60) days of the invoiced due date and for every sixty (60) days thereafter. (c) The State Radiation Control Agency may charge and collect the following annual fees associated with X-ray registrations: (1) All X-ray units, sixty-five dollars ($65.00) per tube up to a maximum of two hundred sixty dollars ($260.00); and (2) Vendor services providing radiation equipment services or radiation safety services, or both, sixty-five dollars ($65.00). (d)(1) For the fees under subsection (b) of this section, the board shall adopt rules to establish fees at a level to sustain operations of the State Radiation Control Agency's mandated programs. (2) The fees shall not: (A) Conflict with federal program schedules; or (B) Exceed twenty-five percent (25%) of the fees that would be levied by the United States Nuclear Regulatory Commission if the United States Nuclear Regulatory Commission were to regulate the State Radiation Control Agency's mandated programs. (e) Each application for reciprocal recognition of an out-of-state license or of an out-of-state registration shall be accompanied by the applicable annual fee, provided that no fee has been submitted during the calendar year of the application. (f)(1) The annual fee shall be based upon the calendar year, January 1 through December 31, with fees for any given year due by December 31 of the previous year. (2) Applications for new licenses or registrations shall be accompanied by the appropriate fees. The applicants shall be charged for a full calendar year regardless of the month the license or registration is issued. (3) Applications for amendments to licenses or registration certificates which result in a change to a more costly category shall be accompanied by a fee equal to the difference between the fee for the current category and the one to which the amended license or certificate will escalate. (4) Fee payments shall be by check, draft, or money order made payable to the Department of Health. (5) In any case in which the State Radiation Control Agency finds that an applicant for a new license or new certificate of registration has failed to pay the fee prescribed in this section, the State Radiation Control Agency shall not process that application until the fee is paid. (6) In any case in which the State Radiation Control Agency finds that a person has failed to pay a fee prescribed by this section within ninety (90) days of the date due, the State Radiation Control Agency may issue an order to show cause why that registration, license, or other service should not be revoked, suspended, or terminated, as appropriate. (g) Annual fees shall not be required for those applicants, licensees, registrants, or other applicable persons whose use of sources of radiation is certified as financed solely by the General Revenue Fund Account of the State Apportionment Fund. (h) All fees levied and collected under this section are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund. (i) Subject to the rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to licensing and registration for use of radioactive materials and X-ray equipment that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.