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91_HB2641
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
12 electro-magnetic radiations 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, or association, 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
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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.
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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.
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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
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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
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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 and
5 fee 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.
13 Applications for subsequent licenses shall be made 30 days
14 prior to expiration date.
15 Application and license fees shall be set by rule of the
16 Department.
17 The application fee for the use of such radioactive
18 materials shall be at a rate of $50 per year for the number
19 of years for which the license will be issued. The total fee
20 shall be paid at the time the application is made. The
21 application fee for manufacturers or distributors of such
22 radioactive materials or devices or equipment utilizing or
23 producing such materials shall be at a rate of $100 per year
24 for the number of years for which the license will be issued.
25 The total fee shall be paid at the time the application is
26 made. At such time Illinois enters into a Federal-State
27 Agreement, all application and license fees shall be
28 determined in accordance with Section 11 of this Act.
29 Each application fee shall be paid to the Department by
30 separate check or United States money order in amount of the
31 application fee only and any application fee or any part
32 thereof, once paid shall not be refunded, in the event an
33 application for a license is rejected. Should a licensee
34 terminate his license voluntarily prior to the expiration
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1 date, a prorated refund will be issued by the State of
2 Illinois for those full years in which the license will not
3 be 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
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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
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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, or association, 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
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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
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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
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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
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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, or
25 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
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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.
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