CHAPTER 249

FORMERLY

SENATE BILL NO. 108

AS AMENDED BY

SENATE AMENDMENT NOS. 1 & 3

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend Sections 7403 and 7415, Chapter 74, Title 16, Delaware Code, by striking the phrase "Atomic Energy" wherever it appears therein and substituting in lieu thereof the phrase "Nuclear Regulatory".

Section 2. Amend Sections 7404 and 7405, Chapter 74, Title 16, Delaware Code, by striking said Sections in their entirety and substituting in lieu thereof the following:

"§ 7404. Authority on Radiation Protection.

(a) There is created an Authority on Radiation Protection which shall be governed in accordance with Authority by-laws, established to ensure integrity, accountability and transparency regarding decisions of the Authority which impact the citizens of Delaware. The Authority shall consist of the following members:

(1) the Secretary of the Department of Health and Social Services or the Secretary's duly authorized designee;

(2) the Secretary of the Department of Natural Resources and Environmental Control or the Secretary's duly authorized designee;

(3) the Lead Administrator of the Office of Radiation Control in the Division of Public Health, Department of Health and Social Services and twelve (12) other persons who shall be appointees of the Governor to include:

(a) one (1) appointee shall be from the Medical Society of Delaware,

(b) one (1) appointee shall be from the Delaware State Osteopathic Association;

(c) one (1) appointee shall be from the Dental Society of Delaware;

(d) one (1) appointee shall be a qualified member from the staff or faculty of the University of Delaware or Delaware State University;

(e) one (1) appointee shall be a non-medical member from industry; and

(f) the remaining seven (7) shall be appointed members of the public who need not fall into any of the other categories for membership on the Authority, but who have an interest in radiation protection. Each non-public member shall have had training in one (1) or more of the following fields: radiology, nuclear medicine, radiation physics, health physics or related sciences with specialization in ionizing radiation, provided however, that not more than two (2) persons shall be specialists in any one (1) of the above named fields. Each county shall be represented by at least two (2) members. Each of the 15 members shall have one (1) vote.

(b) Authority members appointed by the Governor shall be appointed for a term of three (3) years. Two (2) shall be initially appointed for terms of one (1) year, one (1) for a term of two (2) years and one (1) for a term of three (3) years. The terms shall commence on July 1st in the year of appointment. Each Authority member shall hold over after the expiration of the member's term until the member's successor has been appointed and has taken office. Vacancies shall be filled for the unexpired term.

(c) The Secretary of Health and Social Services or the Secretary's duly authorized designee shall be Secretary of the Authority, and shall provide staffing and facilities required to enable the Office of Radiation Control to deliver core services as defined by the Delaware Radiation Control Regulations, as promulgated or amended by the Authority. The Office of Radiation Control in the Department of Health and Social Services shall be the Administrative Agent for the Authority. The Office of Radiation Control in the Department of Health and Social Services shall make such inspections, conduct such investigations, collect fees or administrative penalties established or levied by the Authority, administer such revenue through the General Fund, and do such other acts as may be necessary to carry out this Chapter within the limits of the appropriation made for this purpose. The Administrative Agent shall have all of the powers conferred by law upon the Authority except adopting the rules and regulations provided for in this Chapter, subject, however, to the general direction of the Authority.

(d) Members of the Authority shall be eligible to be reimbursed for travel to and from each meeting. However a member may not receive more than $50.00 for each meeting attended, and not more than a total of $500.00 for meetings attended in any calendar year.

(e) The Authority shall elect a Chairperson to serve for one (1) year from those members appointed by the Governor. The Chairperson shall lead biennial review of the Authority by-laws, chair public hearings and issue approval of regulations amended or promulgated by the Authority. A majority of the Authority shall constitute a quorum to transact its business.

(f) The Authority shall hold at least four (4) regular meetings each calendar year and such special meetings as it deems necessary.

(g) The Authority shall establish and provide biennial review of an Authority by-law which defines policy on major governance elements that shall include, but is not limited to: criteria for approval of Authority decisions, selection of members, addressing potential conflict of interest, and management of public funds.

(h) The Authority shall review policies and programs relating to control of ionizing radiation and make recommendations thereon to the agencies of the State.

(i) The Authority may aid the Department of Health and Social Services in the employment, training of and prescribing of the power and duties of such individuals as may be necessary to carry out this Chapter.

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

(a) The Authority shall adopt rules and regulations as 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, subject to Subsection (c) of this Section, for the establishment of fees by the Authority to fund the issuance of licenses, certifications or registrations, and other activities deemed appropriate to meet the requirements of this statute. No Code, rule, regulation or amendment or repeal thereof shall be effective until 60 days after adoption thereof.

(b) Any fee established by the Authority shall not be effective until enacted into law by an Act of the General Assembly".

(c) Fees are hereby established for issuance of annual registration permits to radiation machine facilities located within the State of Delaware, according to the Fee Schedule below, with appropriated revenue to be used for fee-supported program enhancements, consistent with state budgetary procedures (appropriation by Joint Finance Committee):

Category I: Facilities with a total of five or more of the medical modalities or non-medical modalities listed below: $ 1370.

Category II: Facilities with a total of three or four of the medical modalities or non-medical modalities listed below: $ 1030.

Category III: Facilities with two of the medical modalities listed below: $ 690.

Category IV: Facilities with one of the medical modalities listed below, and an annual patient workload of 750 examinations or more: $ 275.

Category V: Facilities with one of the medical modalities listed below, and an annual patient workload of less than 750 examinations, and all other radiation installations with

one or two of the non-medical modalities listed below except as listed under

Category VI: $ 140.

Category VI: Dental, podiatric, bone densitometry or veterinary installations :$75.

For purposes of the fee schedule set out above, the following definitions shall apply:

“medical modalities” shall mean radiography, fluoroscopy, computed tomography, angiography, stereotactic breast biopsy systems, and radiation therapy, utilized in humans.

“non-medical modalities” shall mean radiography, fluoroscopy, analytical equipment (including electron microscopes, fluorescence analysis and x-ray diffraction equipment), computed tomography, and particle accelerators, not utilized on humans.

Section 3. Amend § 7416, Chapter 74, Title 16, Delaware Code, by striking said Section in its entirety and substituting in lieu thereof the following:

"§ 7416. Penalties; jurisdiction of Superior Court.

Whoever violates any of this Chapter or rules, regulations or orders of the Authority shall be assessed an administrative penalty in an amount not to exceed $ 500 for a first offense, an amount not to exceed $ 750 for any subsequent offense. Each violation shall be considered a separate offense."

Approved June 26, 2008