TITLE 12. HEALTH
Title of Regulation: 12VAC5-490. Virginia Radiation
Protection Regulations: Fee Schedule (amending 12VAC5-490-10, 12VAC5-490-20,
12VAC5-490-40).
Statutory Authority: ยง 32.1-229.1 of the Code of
Virginia.
Effective Date: February 7, 2019.
Agency Contact: Steve Harrison, Director, Division of
Radiological Health, Virginia Department of Health, 109 Governor Street,
Richmond, VA 23219, telephone (804) 864-8151, FAX (804) 864-8155,
or email steve.harrison@vdh.virginia.gov.
Summary:
The amendments increase fees in the fee schedule used by
the X-Ray Program for device registrations and inspections and in the fee
schedule used by the Radioactive Materials Program for charging annual
licensing fees to maintain program solvency and provide adequate regulatory
controls.
Summary of Public Comments and Agency's Response: No
public comments were received by the promulgating agency.
12VAC5-490-10. Registration fees.
A. All operators or owners of diagnostic x-ray machines used
in the healing arts and capable of producing radiation shall pay the following
registration fee:
1. $50 $100 for each machine and additional tube(s)
tubes that have a required annual inspection, collected annually; and
2. $60 $100 for each machine and additional tube(s)
tubes that have a required inspection every three years, collected every
three years.
B. All operators or owners of therapeutic x-ray, particle
accelerators, and teletherapy machines used in the healing arts capable of
producing radiation shall pay the following annual registration fee:
1. $50 $100 for each machine with a maximum beam
energy of less than 500 KVp;
2. $50 $100 for each machine with a maximum beam
energy of 500 KVp or greater.
C. All operators or owners of baggage, cabinet or analytical,
or industrial x-ray machines capable of producing radiation shall pay the
following annual registration fee:
1. $20 $40 for each machine used for baggage
inspection;
2. $25 $50 for each machine identified as
cabinet or analytical; and
3. $50 $100 for each machine used for industrial
radiography.
D. Where the operator or owner of the aforementioned machines
is a state agency or local government, that agency is exempt from the payment
of the registration fee.
12VAC5-490-20. Inspection fees and inspection frequencies for
x-ray machines.
The following table lists the fees that shall be charged for
surveys requested by the registrant and performed by a Department of Health
inspector, as well as the required inspection frequencies for each type of
x-ray machine:
|
Type
|
Cost Per Tube
|
Inspection Frequency
|
|
General Radiographic
(includes: Chiropractic and Special Purpose X-ray Systems)
|
$230 $250
|
Annually
|
|
Fluoroscopic, C-arm
Fluoroscopic
|
$230 $250
|
Annually
|
|
Combination
(General Purpose-Fluoroscopic)
|
$460 $500
|
Annually
|
|
Dental Intraoral and
Panographic
|
$90 $100
|
Every 3 years
|
|
Veterinary
|
$160 $175
|
Every 3 years
|
|
Podiatric
|
$90 $125
|
Every 3 years
|
|
Cephalometric
|
$120 $130
|
Every 3 years
|
|
Bone Densitometry
|
$90 $100
|
Every 3 years
|
|
Combination (Dental
Panographic and Cephalometric)
|
$210 $230
|
Every 3 years
|
|
Shielding Review for Dental
Facilities
|
$250 $300
|
Initial/Prior to use
|
|
Shielding Review for
Radiographic, Chiropractic, Veterinary, Fluoroscopic, or Podiatric Facilities
|
$450 $500
|
Initial/Prior to use
|
|
Baggage X-ray Unit
|
$100
|
Every 5 years
|
|
Cabinet or Analytical X-ray
Unit
|
$150
|
Every 3 years
|
|
Industrial Radiography X-ray
Unit
|
$200
|
Annually
|
12VAC5-490-40. Application and licensing fees for radioactive
materials licenses.
The application fee for a radioactive materials license and annual
fees for persons issued a radioactive materials license pursuant to 12VAC5-481
are listed in the following table:
|
Category
|
Specific License Type
|
Application & Annual Fee
|
|
1
|
|
Special Nuclear Material (SNM)
|
|
|
|
A.
|
Possession and use of SNM in
sealed sources contained in devices used in measuring systems
|
$1,000 $1,700
|
|
|
B.
|
SNM to be used as calibration
and reference sources
|
$500 $900
|
|
|
C.
|
SNM - all other, except
license authorizing SNM in unsealed form that would constitute a critical
mass (fee waived if facility holds additional license category)
|
$2,000 $3,400
|
|
2
|
|
Source Material
|
|
|
|
A.
|
Source material processing and
distribution
|
$3,000 $5,100
|
|
|
B.
|
Source material in shielding
(fee waived if facility holds additional license category)
|
$200 $300
|
|
|
C.
|
Source material - all other,
excluding depleted uranium used as shielding or counterweights
|
$2,000 $3,400
|
|
3
|
|
Byproduct, NARM
|
|
|
|
A.
|
Broad scope for processing or
manufacturing of items for commercial distribution
|
$10,000 $17,000
|
|
|
B.
|
Processing or manufacturing
and commercial distribution of radiopharmaceuticals, generators, reagent kits
and sources or devices
|
$6,000 $9,000
|
|
|
C.
|
Commercial distribution or
redistribution of radiopharmaceuticals, generators, reagent kits and sources
or devices
|
$4,000 $6,800
|
|
|
D.
|
Processing or manufacturing of
items for commercial distribution
|
$2,000 $3,400
|
|
|
E.
|
Industrial radiography
operations performed only in a shielded radiography installation
|
$3,000 $5,100
|
|
|
F.
|
Industrial radiography
performed only at the address indicated on the license, and at
temporary job sites
|
$3,500 $6,000
|
|
|
G.
|
Possession and use of less
than 370 TBq (10,000 curies) of radioactive material in sealed sources for
irradiation of materials where the source is not removed from the shield (fee
waived if facility holds additional irradiator license category)
|
$2,000 $3,400
|
|
|
H.
|
Possession
and use of less than 370 TBq (10,000 curies) of radioactive material in
sealed sources for irradiation of materials where the source is exposed for
irradiation purposes. The category also includes underwater irradiators for
irradiation of materials in which the source is not exposed for irradiation
|
$3,000 $5,100
|
|
|
I.
|
Possession and use of at least
370 TBq (10,000 curies) and less than 3.7 PBq (100,000 curies) of radioactive
material in sealed sources for irradiation of materials)
|
$3,000 $5,100
|
|
|
J.
|
Possession and use of 3.7 PBq
(100,000 curies) or more of radioactive material in sealed sources for
irradiation of materials
|
$5,000 $8,500
|
|
|
K.
|
Distribute items containing
radioactive materials to persons under a general license
|
$1,000 $1,700
|
|
|
L.
|
Possess radioactive materials
intended for distribution to persons exempt from licensing
|
$1,000 $1,700
|
|
|
M.
|
Broad scope for research and
development that does not authorize commercial distribution
|
$6,000 $10,200
|
|
|
N.
|
Research and development that
does not authorize commercial distribution
|
$1,000 $1,700
|
|
|
O.
|
Installation, repair,
maintenance or other service of devices or items containing radioactive material,
excluding waste transportation or broker services
|
$1,000 $1,700
|
|
|
P.
|
Portable gauges
|
$750 $1,300
|
|
|
Q.
|
Portable X-ray x-ray
fluorescence analyzer (XRF), dewpointer or gas chromatograph
|
$250 $400
|
|
|
R.
|
Leak testing services
|
$500 $900
|
|
|
S.
|
Instrument calibration
services
|
$1,000 $1,700
|
|
|
T.
|
Fixed gauges
|
$750 $1,300
|
|
|
U.
|
All other radioactive material
licenses, except as otherwise noted
|
$1,500 $2,600
|
|
4
|
|
Waste Processing
|
|
|
|
A.
|
Commercial waste treatment
facilities, including incineration
|
$100,000 $170,000
|
|
|
B.
|
All other commercial
facilities involving waste compaction, repackaging, storage or transfer
|
$7,500 $12,800
|
|
|
C.
|
Waste processing - all other,
including decontamination service
|
$5,000 $8,500
|
|
5
|
|
Well Logging
|
|
|
|
A.
|
Well logging using sealed
sources or subsurface tracer studies
|
$3,000 $5,100
|
|
|
B.
|
Well logging using sealed
sources and subsurface tracer studies
|
$3,000 $5,100
|
|
6
|
|
Nuclear Laundry
|
|
|
|
A.
|
Commercial collection and
laundry of items contaminated with radioactive material
|
$10,000 $17,000
|
|
7
|
|
Medical/Veterinary Medical or veterinary
|
|
|
|
A.
|
Human use of sealed sources
contained in teletherapy or stereotactic radiosurgery devices, including
mobile therapy
|
$6,000 $10,200
|
|
|
B.
|
Broad scope for human use in
medical diagnosis, treatment, research and development (excluding teletherapy
or stereotactic radiosurgery devices)
|
$12,000 $20,400
|
|
|
C.
|
Mobile nuclear medicine
|
$2,000 $3,400
|
|
|
D.
|
Medical institutions providing
imaging, diagnostic or radionuclide therapy
|
$2,300 $4,000
|
|
|
E.
|
Medical institutions using a
High Dose Remote Afterloader (HDR) or emerging technologies
|
$3,750 $6,400
|
|
|
F.
|
Veterinary use of radioactive
materials
|
$1,000 $1,700
|
|
|
G.
|
In-vitro
|
$1,000 $1,700
|
|
8
|
|
Academic
|
|
|
|
A.
|
Educational use or academic research
and development that does not authorize commercial distribution, excluding
broad scope or human use licenses
|
$750 $1,300
|
|
9
|
|
Accelerator
|
|
|
|
A.
|
Production of radioisotopes
with commercial distribution
|
$2,000 $3,400
|
|
|
B.
|
Production - all other (fee
waived if facility holds medical broad scope license with no commercial
distribution)
|
$2,000 $3,400
|
|
10
|
|
Reciprocity
|
|
|
|
A.
|
Reciprocity recognition of an
out-of-state specific license
|
50% of annual fee of applicable
category
|
VA.R. Doc. No. R17-5115; Filed December 13, 2018, 9:33 a.m.