CHAPTER 698

HOUSE BILL NO. 1245

AN ACT TO AMEND CHAPTER 74, TITLE 16, DELAWARE CODE, RELATING TO RADIATION CONTROL.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend §7403, Title 16, Delaware Code,

by adding thereto a new subsection (9) to read as follows:

"(9) 'Users of ionizing radiation, means persons who supervise the application of ionizing radiation and/or apply ionizing radiation to human beings for diagnostic and/or therapeutic purposes."

Section 2. Amend §7404, Title 16, Delaware Code, by deleting the first sentence in subsection (a) in its entirety and substituting in lieu thereof a new sentence to read as follows:

"(a) There is created an Authority on Radiation Protection which shall consist of the Secretary of the Department of Health and Social Services or his duly authorized designee; the Secretary of the Department of Natural Resources and Environmental Control or his duly authorized designee; the Chief of the Bureau of Environmental Health of the Department of Health and Social Services; and four other persons to be appointed by the Governor."

Section 3. Amend §7405, Title 16, Delaware Code, by striking it in its entirety and inserting in lieu thereof a new §7405 to read as follows:

"§7405. Rules and regulations; adoption; notice; hearing.

may be necessary for the control of sources of ionizing radiation. Prior to adoption of any rule or regulation the Authority shall publish or otherwise circulate notice of its intended action and afford interested parties an opportunity, at a public hearing, to submit data and views orally or in writing. Such rules and regulations may provide for the establishment of fees by the Authority for the issuance of licenses, permits or registrations. No code, rule, regulation or amendment or repeal thereof shall be effective until 60 days after adoption thereof."

Section 4. Amend §7406, Title 16, Delaware Code, by striking it in its entirety and inserting in lieu thereof a new §7406 to read as follows:

"§7406. Licensing and registration of sources and users of ionizing radiation.

(a) The Authority shall provide for general or specific licensing or registering or exemption of by-product, sources, special nuclear materials or devices or equipment utilizing such materials. Such rule or regulation shall provide for amendment, suspension or revocation of license or registrations.

(b) The Authority may require registration or licensing of other sources of ionizing radiation as it may deem necessary.

(c) The Authority may require licensing or certification of users or ionizing radiation.

(d) The Authority may provide for recognition of other state or federal licenses or registrations."

Approved August 5, 1976