68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1266
House Bill 2027
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
General Government)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires registration of X-ray machines with Health Division.
Allows private inspectors accredited by division to perform
information gathering testing of X-ray machines for registration
purposes. Allows division to develop safety standards required
for registration. Prohibits operation of unregistered X-ray
machines. Allows division to impose civil penalty for knowingly
violating registration requirements.
Appropriates money.
Becomes operative July 1, 1997.
A BILL FOR AN ACT
Relating to X-ray machines; creating new provisions; amending ORS
453.605 and 453.670; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 11 and 14 of this Act are added
to and made a part of ORS 453.605 to 453.745. + }
SECTION 2. { + (1) No X-ray machine shall be operated on or
after the operative date of this 1995 Act unless the X-ray
machine has a valid X-ray machine registration.
(2) Prior to issuance of an X-ray machine registration, the
machine shall be inspected by an accredited private X-ray machine
inspector. The inspector shall also review procedures used during
X-ray machine operation and the adequacy of the physical
surroundings and equipment used in conjunction with operation of
the X-ray machine.
(3) The private X-ray machine inspector shall conduct
information gathering tests in the manner required by the Health
Division. The inspector shall make calculations in the manner
prescribed by the division and shall enter the results and such
other information as the division may require on a form provided
by the division.
(4) The division shall evaluate the test results submitted by
the inspector and shall grant an X-ray machine registration
provided that all standards adopted by rule of the division are
met, a properly completed registration application has been
submitted by the X-ray machine owner and all required fees have
been paid.
(5) When an X-ray machine is registered by the division, the
division shall issue the X-ray machine owner a document, sticker,
plate or other device selected by the division to evidence
registration of the X-ray machine.
SECTION 3. + } { + (1) An X-ray machine registration for a
hospital or radiology provider shall be valid for one year,
expiring in the following year on the last day of the month of
issuance.
+ } { + (2) An X-ray machine registration for a
chiropractic, osteopathic or medical doctor office or clinic
shall be valid for two years, expiring in the second year on the
last day of the month of issuance. + }
{ + (3) An X-ray machine registration for a podiatry, dental
or veterinary office or clinic or an academic or industrial
facility shall be valid for three years, expiring in the third
year on the last day of the month of issuance. + }
{ + (4) If an X-ray machine or the physical surroundings or
equipment associated with the operation of the machine does not
comply with one or more standards adopted by rule of the Health
Division, the division may deny the registration or may grant a
provisional registration permitting temporary operation pending
compliance with division standards.
(5) The division may require that machines having a valid
registration be repaired, calibrated or modified or the physical
surroundings or equipment used in conjunction with the operation
of the registered X-ray machine be changed to comply with new
standards adopted by rule of the division provided that
compliance prior to expiration of the registration is determined
by the division to be necessary to protect occupational and
public health and safety.
(6) The division may deny, condition, suspend or revoke an
X-ray machine registration if the division reasonably believes
that the machine or the physical surroundings or equipment used
in conjunction with the operation of the X-ray machine presents a
danger to the health or safety of the operator or the public.
(7) An X-ray machine registration shall terminate if the X-ray
machine is relocated for use in a physical surrounding other than
the physical surrounding it occupied when inspected. + }
SECTION 4. { + (1) Each application for an X-ray machine
registration shall be in writing and shall state such information
as the Health Division by regulation determines to be necessary.
The application shall be accompanied by the registration fee due
under ORS 453.670.
(2) Not less than 90 nor more than 120 days prior to the
expiration of an X-ray machine registration, the division shall
mail notice to the X-ray machine owner of the pending expiration
of the registration. The notice shall inform the owner of the
requirements for renewing the registration. + }
SECTION 5. { + A person shall not knowingly:
(1) Misrepresent a device evidencing X-ray machine registration
as evidencing the registration of a different X-ray machine.
(2) Alter, obscure, deface or remove a device evidencing
registration of an X-ray machine registration.
(3) Operate an X-ray machine not having a valid X-ray machine
registration. + }
SECTION 6. { + Upon a complaint by any person, the Health
Division may investigate any alleged act prohibited by section 5
of this 1995 Act. If, after investigation by a division-employed
X-ray machine inspector, the division has reason to believe a
prohibited act has been committed, the division may impose a
civil penalty. Any person subject to a civil penalty under this
section may request a hearing before the division. The hearing
shall be conducted in accordance with ORS 183.413 to 183.470. + }
SECTION 7. { + The Health Division shall:
(1) Develop programs to evaluate hazards associated with the
use of X-ray machines.
(2) Promulgate standards and make reasonable regulations
relating to the registration of X-ray machines, X-ray machine
operation, physical surroundings and equipment related to the
operation of X-ray machines, operator training and approved X-ray
machine operating practices. + }
{ + (3) Collect and disseminate information relating to
proper X-ray machine operation. + }
{ + (4) Provide technical assistance and safety information
to X-ray machine users. + }
SECTION 8. { + (1) All applicants for accreditation as X-ray
machine inspectors shall possess at a minimum one of the
following combinations of education and experience:
(a) One year of experience and one of the following:
(A) Certification by the American Board of Radiology or the
American Board of Health Physics;
(B) A doctoral degree in a physical or biological science; or
(C) A Doctor of Medicine degree or a degree recognized by the
Health Division as an equally qualified health professional
degree.
(b) Two years of experience and a master's degree in a physical
or biological science.
(c) Four years of experience and a bachelor's degree in a
physical or biological science.
(d) Six years of experience and an associate's degree in a
physical or biological science.
(2) Experience required of an applicant includes, but is not
limited to, measuring ionizing radiation, evaluating radiation
safety and documenting radiation protection needs.
(3) In addition to meeting the education and experience
requirements of this section, applicants shall be tested on
knowledge of Health Division rules governing the X-ray machine
inspection program, including but not limited to safety
requirements and inspection procedures. Applicants shall also
complete such additional written or practical testing as the
division may require.
(4) A license shall not be issued to an applicant unless the
applicant has paid all required fees. + }
SECTION 9. { + (1) Accreditation as an X-ray machine inspector
shall be valid for two years and shall expire in the second year
on the last day of the month of issuance unless renewed.
(2) Accreditation may be renewed if the X-ray machine inspector
has complied with the continuing education requirements adopted
by rule of the Health Division and has paid the renewal fee. + }
SECTION 10. { + The Health Division may condition, suspend,
revoke or refuse to renew accreditation of an X-ray machine
inspector for the following reasons:
(1) Engaging in repair work on an X-ray machine if the
inspector performed the most recent registration inspection on
the same X-ray machine.
(2) Requiring servicing by the X-ray machine inspector prior to
conducting an X-ray machine registration inspection.
(3) Knowingly falsifying information included on the inspection
report form supplied by the division.
(4) Substantially failing to comply with division procedures.
(5) Failing to meet division accuracy requirements.
(6) Such other grounds as the division may establish by
rule. + }
SECTION 11. { + The Health Division shall:
(1) Develop testing, training and continuing education
standards for accredited private X-ray machine inspectors.
(2) Set fees relating to the accreditation of X-ray machine
inspectors.
(3) Set fees for x-ray machine registration based on facility
type and any other reasonable classifications adopted by the
division.
(4) Adopt rules for the proper inspection of X-ray machines for
registration purposes and for regulating the professional
activities of private X-ray machine inspectors.
(5) Develop and implement audit programs using
division-employed X-ray machine inspectors to monitor private
X-ray machine inspection results and to monitor changes in the
performance of registered X-ray machines during the registration
period. No charge shall be made to an X-ray machine owner for an
audit.
(6) Develop and implement a program for division-employed X-ray
machine inspectors to accompany private X-ray machine inspectors
and monitor the performance of inspections by private X-ray
machine inspectors.
(7) Investigate and resolve complaints against X-ray machine
inspectors.
+ } { + SECTION 12. + } ORS 453.605 is amended to read:
453.605. In ORS 453.605 to 453.745, unless the context requires
otherwise:
(1) 'Division' means the Health Division of the Department of
Human Resources.
(2) 'Assistant director' means the Assistant Director for
Health.
(3) 'By-product material' means radioactive material, other
than special nuclear material, that is yielded or made
radioactive by exposure to the radiation incident to the process
of producing or utilizing special nuclear material.
(4) 'Electronic product' means any manufactured product or
device or component part of such a product or device that has an
electronic circuit which during operation can generate or emit a
physical field of radiation, such as, but not limited to
microwave ovens, laser systems or diathermy machines.
(5) 'Federal Government' means the United States or any agency
or instrumentality of the United States.
(6) 'General license' means a license, effective under rules of
the division without the filing of an application, to acquire,
own, possess, use or transfer a device or equipment that produces
radiation, or a quantity of, or a device or equipment that
utilizes, by-product material, source material, special nuclear
material or other radioactive material that occurs naturally or
is produced artificially.
(7) 'Person' means any of the following other than the United
States Atomic Energy Commission or any successor thereto:
(a) Individual, group, association, firm, partnership,
corporation, trust, estate, agency or public or private
institution;
(b) Political subdivision or agency of this state;
(c) State other than this state or any political subdivision or
agency of a state other than this state; or
(d) The legal successor, representative, agent or agency of a
person listed in paragraphs (a) to (c) of this subsection.
(8) 'Radiation' means:
(a) Ionizing radiation including gamma rays, X-rays, alpha and
beta particles, protons, neutrons and other atomic or nuclear
particles or rays.
(b) Any electromagnetic radiation which can be generated during
the operations of electronic products and which the division has
determined to present a biological hazard to the occupational or
public health and safety but does not mean electromagnetic
radiation which can be generated during the operation of an
electronic product which is licensed by the Federal
Communications Commission.
(c) Any sonic, ultrasonic or infrasonic waves which are emitted
from an electronic product as a result of the operation of an
electronic circuit in such product and which the division has
determined to present a biological hazard to the occupational or
public health and safety.
(9) 'Source material' means:
(a) Uranium, thorium or any other material which the division
declares to be essential to the production of special nuclear
material by an order made after the United States Atomic Energy
Commission or any successor thereto has determined the material
to be source material; or
(b) Ore that contains such a concentration of one or more
materials mentioned in paragraph (a) of this subsection that the
division declares the ore to be essential to the production of
special nuclear material by an order made after the United States
Atomic Energy Commission or any successor thereto has determined
such ore to be source material.
(10) 'Special nuclear material' means any of the following that
is not source material:
(a) Plutonium, uranium 233, uranium enriched in the isotope 233
or in the isotope 235, or any other material which the division
declares to be capable of releasing substantial quantities of
atomic energy by an order made after the United States Atomic
Energy Commission or any successor thereto has determined the
material to be special nuclear material.
(b) Material artificially enriched by any material mentioned in
paragraph (a) of this subsection.
(11) 'Specific license' means a license, issued after
application, to receive, acquire, own, possess, use, manufacture,
produce or transfer a device or equipment that produces
radiation, or a quantity of, or a device or equipment that
utilizes, by-product material, source material or special nuclear
material or other radioactive material that occurs naturally or
is produced artificially.
(12) 'X-ray machine' means a device or equipment that produces
radiation when in operation but does not utilize by-product
material, source material, special nuclear material or other
radioactive material that occurs naturally or is produced
artificially.
{ + (13) 'X-ray machine registration' means an authorization
granted by the division allowing the operation of an X-ray
machine. + }
SECTION 13. ORS 453.670 is amended to read:
453.670. (1) The Health Division of the Department of Human
Resources shall charge a { - biennial - } registration fee
{ + established by the division pursuant to section 11 of this
1995 Act + } for a registration granted pursuant to { + section
2 of this 1995 Act. + } { - ORS 453.665 in the following
amounts for: - }
{ - (a) Hospital, radiological, chiropractic, osteopathic or
medical X-ray machine, $173. - }
{ - (b) Industrial or podiatry X-ray machine, $115. - }
{ - (c) Dental, academic or veterinary X-ray machine,
$87. - }
{ - (d) - } { + (2) The division shall charge a biennial
registration fee for a registration granted pursuant to ORS
453.665 to a + } microwave oven repair facility { + . + }
{ - , - } { + The amount of the fee shall be + } $87.
{ - (2) - } { + (3) + } The division shall charge an annual
license fee for a specific license granted pursuant to ORS
453.665 which shall not exceed $3,000 as determined by rule of
the division and approved by the Oregon Department of
Administrative Services.
{ - (3) - } { + (4) + } The fees prescribed by the division
pursuant to { + subsections (2) and (3) of + } this section are
due and payable on or before July 1 of each year.
{ - (4) - } { + (5) + } All moneys received by the division
under { + subsections (2) and (3) of + } this section shall be
paid into the State Treasury, deposited in the General Fund to
the credit of the Health Division Account, and used exclusively
by the division for the purposes of ORS 453.605 to 453.745.
SECTION 14. { + (1) There is created in the General Fund of
the State Treasury an X-ray Machine Inspection Account. Moneys
credited to the account are continuously appropriated to the
Health Division for the carrying out of sections 2 to 11 of this
1995 Act.
(2) All registration fees paid pursuant to ORS 453.670 (1) by
owners of X-ray machines, all application or renewal fees paid by
applicants for accreditation as X-ray machine inspectors and all
civil penalties collected under section 6 of this 1995 Act are
credited to the X-ray Machine Inspection Account. + }
SECTION 15. { + In addition to, and not in lieu of, any other
appropriation, there is appropriated from the General Fund to the
Health Division for the biennium beginning July 1, 1995, the sum
of $______ for the purpose of establishing the X-ray machine
registration program and the X-ray machine inspector program
authorized by this Act + }.
SECTION 16. { + This Act shall become operative July 1,
1997. + }
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