Section 1. Title. This Act shall be known and may be cited as the
Radiation Protection Act of 1990.
Section 2. Public policy. Whereas ionizing radiations and their
sources can be instrumental in the improvement of the health and welfare of
the public if properly utilized, and may be destructive or detrimental to life
or health if carelessly or excessively employed or may detrimentally affect
the environment of the State if improperly utilized, it is hereby declared to
be the public policy of this State to encourage the constructive uses of
radiation and to prohibit and prevent exposure to ionizing radiation in
amounts which are or may be detrimental to health. It is further the policy
to advise, consult and cooperate with other agencies of the State, the Federal
Government, other States and interstate agencies and with affected groups,
political subdivisions and industries; and, in general, to conform as nearly
as possible to nationally accepted standards in the promulgation and
enforcement of codes, rules and regulations.
Section 3. Purpose. It is the purpose of this Act to effectuate the
policies set forth in Section 2 by providing for:
(1) a program of effective regulation of radiation sources for the
protection of human health, welfare and safety;
(2) a program to promote an orderly regulatory pattern within the
State, among the States and between the Federal Government and the State and
facilitate intergovernmental cooperation with respect to use and regulation of
sources of ionizing radiation to the end that duplication of regulation may be
minimized;
(3) a program to establish procedures for assumption and performance
of certain regulatory responsibilities with respect to by-product, source and
special nuclear materials; and
(4) a program to permit maximum utilization of sources of ionizing
radiation consistent with the health and safety of the public.
Section 4. Definitions. As used in this Act:
(a) "By-product material" means: (1) any radioactive material (except
special nuclear material) yielded in or made radioactive by exposure to
radiation incident to the process of producing or utilizing special nuclear
material; and (2) the tailings or wastes produced by the extraction or
concentration of uranium or thorium from any ore processed primarily for its
source material content, including discrete surface wastes resulting from
underground solution extraction processes but not including underground ore
bodies depleted by such solution extraction processes.
(b) "Department" means the Department of Nuclear Safety in the State
of Illinois.
(c) "Director" means the Director of the Department of Nuclear Safety.
(d) "General license" means a license, pursuant to regulations
promulgated by the Department, effective without the filing of an application
to transfer, acquire, own, possess or use quantities of, or devices or
equipment utilizing, radioactive material, including but not limited to by-
product, source or special nuclear materials.
(e) "Person" means any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, group, agency,
political subdivision of this State, any other State or political subdivision
or agency thereof, and any legal successor, representative, agent, or agency
of the foregoing, other than the United States Nuclear Regulatory Commission,
or any successor thereto, and other than federal government agencies licensed
by the United States Nuclear Regulatory Commission, or any successor thereto.
(f) "Radiation" or "ionizing radiation" means gamma rays and X-rays,
alpha and beta particles, high speed electrons, neutrons, protons, and other
nuclear particles; but not sound or radio waves, or visible, infrared or
ultraviolet light.
(g) "Radiation installation" is any location or facility where
radiation machines are used or where radioactive material is produced,
transported, stored, disposed of or used for any purpose.
(h) "Radiation machine" is any device that produces radiation when in
use.
(i) "Radioactive material" means any solid, liquid or gaseous
substance which emits radiation spontaneously.
(j) "Radiation source" or "source of ionizing radiation" means a
radiation machine or radioactive material as defined herein.
(k) "Source material" means (1) uranium, thorium, or any other
material which the Department declares by order to be source material after
the United States Nuclear Regulatory Commission, or any successor thereto has
determined the material to be such; or (2) ores containing one or more of the
foregoing materials, in such concentration as the Department declares by order
to be source material after the United States Nuclear Regulatory Commission,
or any successor thereto, has determined the material in such concentration to
be source material.
(l) "Special nuclear material" means (1) plutonium, uranium 233,
uranium enriched in the isotope 233 or in the isotope 235, and any other
material which the Department declares by order to be special nuclear material
after the United States Nuclear Regulatory Commission, or any successor
thereto, has determined the material to be such, but does not include source
material; or (2) any material artificially enriched by any of the foregoing,
but does not include source material.
(m) "Specific license" means a license, issued after application, to
use, manufacture, produce, transfer, receive, acquire, own, or possess
quantities of, or devices or equipment utilizing radioactive materials.
(n) "Radiation emergency" means the uncontrolled release of
radioactive material from a radiation installation which poses a potential
threat to the public health, welfare, and safety.
(o) "Accreditation" means the process by which the Department of
Nuclear Safety grants permission to persons meeting the requirements of this
Act and the Department's rules and regulations to engage in the practice of
administering radiation to human beings.]
(p) "Mammography" means radiography of the breast primarily for the
purpose of enabling a physician to determine the presence, size, location and
extent of cancerous or potentially cancerous tissue in the breast.
Section 5. Limitations on application of radiation to human beings.
(a) No person shall intentionally administer radiation to a human being
unless such person is licensed to practice a treatment of human ailments by
virtue of the Illinois Medical, Dental or Podiatric Medical Practice Acts, or,
as technician, nurse or other assistant, is acting under the supervision,
prescription or direction of such licensed person. However, no such
technician, nurse or other assistant acting under the supervision of a person
licensed under the Medical Practice Act of 1987, shall administer radiation to
human beings unless accredited by the Department of Nuclear Safety, except
that persons enrolled in a course of education approved by the Department of
Nuclear Safety may apply ionizing radiation to human beings as required by
their course of study when under the direct supervision of a person licensed
under the Medical Practice Act of 1987. No person authorized by this Section
to apply ionizing radiation shall apply such radiation except to those parts
of the human body specified in the Act under which such person or his
supervisor is licensed. No person may operate a radiation installation where
ionizing radiation is administered to human beings unless all persons who
administer ionizing radiation in that radiation installation are licensed,
accredited, or exempted in accordance with this Section. Nothing in this
Section shall be deemed to relieve a person from complying with the provisions
of Section 10.
(b) In addition, no person shall provide mammography services unless
all of the following requirements are met:
(1) the mammography procedures are performed using a radiation
machine that is specifically designed for mammography;
(2) the mammography procedures are performed using a radiation
machine that is used solely for performing mammography procedures;
(3) the mammography procedures are performed using equipment that
has been subjected to a quality assurance program that satisfies quality
assurance requirements which the Department shall establish by rule;
(4) beginning one year after the effective date of this
amendatory Act of 1991, if the mammography procedure is performed by a
radiologic technologist, that technologist, in addition to being
accredited by the Department to perform radiography, has satisfied
training requirements specific to mammography, which the Department
shall establish by rule.
Section 6. Accreditation of administrators of radiation; Limited scope
accreditation; Rules and regulations; Education.
(a) The Department shall promulgate such rules and regulations as are
necessary to establish accreditation standards and procedures, including a
minimum course of education and continuing education requirements in the
administration of radiation to human beings, which are appropriate to the
classification of accreditation and which are to be met by all nurses,
technicians, or other assistants who administer radiation to human beings
under the supervision of a person licensed under the Medical Practice Act of
1987. Such rules and regulations may provide for different classes of
accreditation based on evidence of national certification, clinical experience
or community hardship as conditions of initial and continuing accreditation.
The rules and regulations of the Department shall be consistent with national
standards in regard to the protection of the health and safety of the general
public.
(b) The rules and regulations shall also provide that persons who have
been accredited by the Department, in accordance with the Radiation Protection
Act, without passing an examination, will remain accredited as provided in
Section 43 of this Act and that those persons may be accredited, without
passing an examination, to use other equipment, procedures, or supervision
within the original category of accreditation if the Department receives
written assurances from a person licensed under the Medical Practices Act of
1987, that the person accredited has the necessary skill and qualifications
for such additional equipment procedures or supervision. The Department
shall, in accordance with subsection (c) of this Section, provide for the
accreditation of nurses, technicians, or other assistants, unless exempted
elsewhere in this Act, to perform a limited scope of diagnostic radiography
procedures of the chest, the extremities, skull and sinuses, or the spine,
while under the supervision of a person licensed under the Medical Practice
Act of 1987.
(c) The rules or regulations promulgated by the Department pursuant to
subsection (a) shall establish standards and procedures for accrediting
persons to perform a limited scope of diagnostic radiography procedures. The
rules or regulations shall require persons seeking limited scope accreditation
to register with the Department as a "student-in-training," and declare those
procedures in which the student will be receiving training. The student-in-
training registration shall be valid for a period of 16 months, during which
the time the student may, under the supervision of a person licensed under the
Medical Practice Act of 1987, perform the diagnostic radiography procedures
listed on the student's registration. The student-in-training registration
shall be nonrenewable.
Upon expiration of the 16 month training period, the student shall be
prohibited from performing diagnostic radiography procedures unless accredited
by the Department to perform such procedures. In order to be accredited to
perform a limited scope of diagnostic radiography procedures, an individual
must pass an examination offered by the Department. The examination shall be
consistent with national standards in regard to protection of public health
and safety. The examination shall consist of a standardized component
covering general principles applicable to diagnostic radiography procedures
and a clinical component specific to the types of procedures for which
accreditation is being sought. The Department may assess a reasonable fee for
such examinations to cover the costs incurred by the Department in conjunction
with offering the examinations.
(d) The Department shall by rule or regulation exempt from
accreditation nurses, technicians or other assistants who administer radiation
to human beings under supervision of a person licensed to practice under the
Medical Practice Act of 1987 when the services are performed on employees of a
business at a medical facility owned and operated by the business. Such
exemption shall only apply to the equipment, procedures and supervision
specific to the medical facility owned and operated by the business.
Section 7. Administrators of radiation; Application for accreditation
and renewal; Fees; Fund.
Applications for accreditation and renewal shall be made upon forms
prescribed and furnished by the Department and shall be accompanied by the
fees provided in this Section. Each such application for accreditation or
renewal shall be accompanied by such proof of compliance with the applicable
requirements as the Department may by rule require. Accreditation shall be
renewed every 2 years, or for a lesser period as established by rule for
accreditation based upon conditions of community hardship. The Department may
deny an application for accreditation or renewal, or may suspend or revoke
accreditation under standards and procedures established by the Department.
The application fee for accreditation or renewal shall be $30 until
December 31, 1990. Beginning January 1, 1991, the application fee for
accreditation or renewal shall be $40. Except as provided in Section 6, the
Department shall not impose an examination fee.
Section 7a. Certification of Industrial Radiographers. (a) Beginning
July 1, 1992, no person may perform industrial radiography unless he or she is
certified by the Department to perform industrial radiography. The Department
shall promulgate such regulations establishing standards and procedures for
certification of industrial radiographers. The regulations may include,
without limitation, provisions specifying a minimum course of study and
requirements that individuals seeking certification pass an examination
administered or approved by the Department. Industrial radiography
certification shall be valid for 5 years. The Department shall establish by
regulation standards and procedures for renewal of certification.
(b) The Department's regulations shall also provide for provisional
certification of persons who perform industrial radiography prior to July 1,
1992. In order to obtain such provisional certification, the industrial
radiographer must apply to the Department no later than June 30, 1992.
Provisional certification shall be valid for 2 years, provided that a person
who has obtained a provisional certification must take an examination that is
administered or approved by the Department within 12 months of the date that
on which the provisional certification was issued. Upon passing the
examination, the Department shall certify the individual as an industrial
radiographer. Provisional certification shall be nonrenewable.
(c) The Department may, by regulation, assess certification fees and
fees to recover the cost of examining applicants for certification.
(d) The Department may suspend or revoke the certification of an
industrial radiographer, or take other action as provided in Sections 36 and
38 of this Act, if a certified industrial radiographer violates this Act or
any rules or regulations promulgated under this Act, or otherwise endangers
the safety of himself, his co-workers, or members of the general public. It
shall be a violation of this Act for any person to allow an individual who is
not a certified industrial radiographer to perform industrial radiography.
Section 8. Interchange of radiation sources. The sale, lease, transfer
or loan of radiographic or fluoroscopic or therapeutic x-ray equipment or
radioactive material, or the supplies appertaining thereto, to any person
except to persons engaged in an occupation where such use is permitted, and
except to hospitals, infirmaries, and schools, institutions and clinics of
medicine, dentistry or podiatry is prohibited. However, this Section shall
not apply to persons intending to use such equipment, material or supplies
solely for the application of radiation to other than human beings, nor to the
acquisition of such equipment, materials or supplies by wholesalers,
distributors or retailers in the regular course of their trade or business.
Nothing in this Section shall be deemed to relieve a person from complying
with the provisions of Section 10 of this Act.
Section 9. Rules and regulations. No person shall use radiation in
contravention of such rules and regulations as the Department may make
relating to the control of ionizing radiation. The Department shall
promulgate rules to provide specific standards for (1) determining what
financial surety arrangements are required for license approval; (2)
determining when an application for license is for an activity which adversely
affects the environment, how it will approve such license, and what conditions
it will impose before approval; (3) determining to what maximum level a
licensee must remove radiation contamination; (4) determining when a product
contains a high degree of utility and a low probability of uncontrolled
disposal and dispersal; (5) providing what constitutes an emergency for the
purposes of waiving notice requirements for out-of-state licensees; and (6)
authorizing the injection of radioactive material into potable aquifers.
Section 10. Licensing of certain sources of ionizing radiation.
(1) The Department shall provide by rule or regulation for general or
specific licensing of by-product materials, source materials, special nuclear
materials, or devices or equipment utilizing or producing such materials.
Such rule or regulation shall provide for amendment, suspension, or revocation
of licenses.
(2) The Department is authorized to require registration of other
sources of ionizing radiation.
(3) The Department is authorized to exempt certain sources of ionizing
radiation or kinds of uses or users from the licensing requirements set forth
in this section when the Department makes a finding that the exemption of such
sources of ionizing radiation or kinds of uses or users will not constitute a
significant risk to health and safety of the public.
(4) The Department is authorized to enforce rules pertaining to
labeling, handling, packaging, transferring and transporting radiation
sources.
(5) The Department is authorized to require licensees, including those
conducting activities involving by-product material as defined in subsection
(a)(2) of Section 4 or possessing such material, to provide adequate financial
assurances such as surety bonds, cash deposits, certificates of deposit, or
deposits of government securities to protect the State against costs in the
event of site abandonment or failure of a licensee to meet the Department's
requirements, as well as the costs of site reclamation and long-term site
monitoring and maintenance. In the event that custody of by-product material
as defined in subsection (a)(2) of Section 4, and the site at which such
material is disposed of, is transferred to the Federal Government, any
financial assurances collected for reclamation and long-term monitoring and
maintenance for that site shall be transferred to the Federal Government.
(6) The Department is authorized to promulgate rules establishing
radiation exposure limits for given population groups, including differential
exposure limits based on age.
(7) The Department is authorized to promulgate rules to provide
specific standards for what training or equivalent experience it will require
of a physician before approving a specific license for human use of sealed
radiation sources.
(8) Rules and regulations promulgated to implement this Act may
provide for recognition of other State or Federal licenses as the Department
may deem desirable, subject to such registration requirements as the
Department may prescribe.
(9) This Section shall not be applicable to radiation sources or
materials regulated by the U.S. Nuclear Regulatory Commission until an
agreement or agreements have been entered into pursuant to Section 11 of this
Act.
(10) In the licensing and the regulation of by-product material as
defined in subsection (a)(2) of Section 4, or of any activity which results in
the production of such by-product material, the Department shall provide by
rule or regulation, and shall require compliance with, standards for the
protection of the public health and safety and the environment which are
equivalent to, to the extent practicable, or more stringent than, standards
adopted and enforced by the U.S. Nuclear Regulatory Commission for the same
purpose, including requirements and standards promulgated by the U.S.
Environmental Protection Agency.
Section 11. Federal-State Agreements.
(1) The Governor, on behalf of this State, is authorized to enter into
agreements with the Federal Government providing for discontinuance of certain
of the Federal Government's responsibilities with respect to sources of
ionizing radiation and the assumption thereof by this State, including, but
not limited to, agreements concerning by-product material as defined in
Section 11(e)(2) of the Atomic Energy Act of 1954, 42 U.S.C. 2014(e)(2).
(2) Any person who, on the effective date of an agreement under
subsection (1) above, possesses a license issued by the Federal Government
governing activities for which the Federal Government, pursuant to such
agreement, is transferring its responsibilities to this State shall be deemed
to possess the same pursuant to a license issued under this Act, which shall
expire 90 days after receipt from the Department of a notice of expiration of
such license, or on the date of expiration specified in the Federal license,
whichever is earlier.
(3) At such time as Illinois enters into a Federal-State Agreement in
accordance with the provisions of this Act, the Department shall license and
collect license fees from persons operating radiation installations, including
installations involving the use or possession of by-product material as
defined in subsection (a)(2) of Section 4 and installations having such
devices or equipment utilizing or producing radioactive materials but
licensure shall not apply to any x-ray machine, including those located in an
office of a licensed physician or dentist. The Department may also collect
license fees from persons authorized by the Department to engage in
decommissioning and decontamination activities at radiation installations
including installations licensed to use or possess by-product material as
defined in subsection (a)(2) of Section 4. The license fees collected from
persons authorized to use or possess by-product material as defined in
subsection (a)(2) of Section 4 or to engage in decommissioning and
decontamination activities at radiation installations where such by-product
material is used or possessed may include fees sufficient to cover the
expenses incurred by the Department in conjunction with monitoring unlicensed
properties contaminated with by-product material as defined in subsection
(a)(2) of Section 4 and overseeing the decontamination of such unlicensed
properties.
The Department may impose fees for termination of licenses including,
but not limited to, licenses for refining uranium mill concentrates to uranium
hexafluoride; licenses for possession and use of source material at ore buying
stations, at ion exchange facilities and at facilities where ore is processed
to extract metals other than uranium or thorium; and licenses authorizing the
use or possession of by-product material as defined in subsection (a)(2) of
Section 4. The Department may also set license fees for licenses which
authorize the distribution of devices, products, or sealed sources involved in
the production, utilization, or containment of radiation. After a public
hearing before the Department, the fees and collection procedures shall be
prescribed under rules and regulations for protection against radiation
hazards promulgated under this Act.
Section 12. State licensure of the use, manufacture or distribution of
radioactive materials or devices or equipment utilizing or producing such
materials not regulated by the United States Nuclear Regulatory Commission.
Except as otherwise provided in this Act, no person shall utilize,
manufacture, or distribute radioactive materials or devices or equipment
utilizing or producing such materials in this State with the exception of
those materials or devices regulated by the Nuclear Regulatory Commission,
without first securing a license. After public hearing, the Department shall
adopt rules and regulations for:
(1) The issuance of licenses;
(2) The utilization, manufacture and distribution of such radioactive
materials or devices or equipment utilizing or producing such materials; and
(3) The amendment, suspension or revocation of licenses.
The Department may, by rule and regulation, exempt certain sources of
radiation or kinds of radiation or users from the licensure and fee
requirements of this Section when the Department makes a finding that such
exemption will not constitute a significant risk to the health and safety of
the public. Federal agencies are exempt from the licensure and fee
requirements of this Section. State, county, and municipal governmental
agencies and educational institutions shall be subject to licensure, but are
exempt from fee requirements of this Section.
Applications for licenses shall be made upon forms prescribed and
furnished by the Department and shall be accompanied by the fees provided
herein. Licenses shall expire according to a schedule determined by the
Department. Applications for subsequent licenses shall be made 30 days prior
to expiration date.
The application fee for the use of such radioactive materials shall be
at a rate of $50 per year for the number of years for which the license will
be issued. The total fee shall be paid at the time the application is made.
The application fee for manufacturers or distributors of such radioactive
materials or devices or equipment utilizing or producing such materials shall
be at a rate of $100 per year for the number of years for which the license
will be issued. The total fee shall be paid at the time the application is
made. At such time Illinois enters into a Federal-State Agreement, all
application and license fees shall be determined in accordance with Section 11
of this Act.
Each application fee shall be paid to the Department by separate check
or United States money order in amount of the application fee only and any
application fee or any part thereof, once paid shall not be refunded, in the
event an application for a license is rejected. Should a licensee terminate
his license voluntarily prior to the expiration date, a prorated refund will
be issued by the State of Illinois for those full years in which the license
will not be in effect.
This Section shall not apply to any x-ray machine including those
located in an office of a licensed physician or dentist.
Section 13. Custody of by-product disposal sites; storage and disposal
fee.
(1) Any radioactive materials license which authorizes any activity
that results in the production of by-product material as defined in subsection
(a)(2) of Section 4 or which authorizes the possession of such by-product
material, and which is subsequently terminated without renewal, shall be
terminated in compliance with this Section and the rules and regulations
promulgated pursuant thereto.
(2) Any radioactive materials license issued or renewed after August
5, 1988, which authorizes any activity that results in the production of by-
product material as defined in subsection (a)(2) of Section 4 or which
authorizes the possession of such by-product material shall contain such terms
and conditions as the Department determines to be necessary to assure that,
prior to termination of such license:
(A) The licensee will comply with prerequisites for termination
including, but not limited to, decontamination, decommissioning and
reclamation requirements prescribed by the Department which shall be
equivalent to, to the extent practicable, or more stringent than, those of the
U.S. Nuclear Regulatory Commission for sites at which ores were processed
primarily for their source material content, and at which such by-product
material as defined in subsection (a)(2) of Section 4 is deposited.
(B) If the State exercises the option to acquire land used for the
disposal of by-product material as defined in subsection (a)(2) of Section 4,
ownership of the land and such by-product material which resulted from the
licensed activity shall, subject to the provisions of this Act, be transferred
to the State.
(3) The Department shall:
(A) Require by rule, regulation or order that, prior to the
termination of any license, title to both the land which is used under such
license for disposal of by-product material as defined in subsection (a)(2) of
Section 4, and the by-product material as defined in subsection (a)(2) of
Section 4, shall be transferred to the United States or the State unless,
prior to such termination, the U.S. Nuclear Regulatory Commission determines
that transfer of title to such land and such by-product material is not
necessary or desirable to protect the public health, safety or welfare.
(B) Terminate radioactive materials licenses that authorize any
activity that results in the production of by-product material as defined in
subsection (a)(2) of Section 4 or that authorize the possession of such
material, only if, prior to termination of such licenses, the U.S. Nuclear
Regulatory Commission has determined that all applicable standards and
requirements pertaining to such material have been met.
(C) In the event title is transferred to the State in accordance with
paragraph (B) of subsection (2) of this Section, maintain the by-product
material as defined in subsection (a)(2) of Section 4 and the land used for
disposal of such by-product material in such a manner as to protect the public
health and safety and the environment.
(D) Undertake such monitoring, maintenance and emergency measures as
are necessary, determined on its own initiative or by the U.S. Nuclear
Regulatory Commission, to protect the public health and safety from those
materials and property for which the State has assumed custody pursuant to
this Act.
(4) The transfer of title to land used for disposal of by-product
material as defined in subsection (a)(2) of Section 4 or such by-product
material to the United States or the State shall not relieve any licensee of
liability for any breach of contract, tort or fraudulent or negligent act or
omission prior to such transfer.
(5) By-product material as defined in subsection (a)(2) of Section 4
and land transferred to the United States or the State in accordance with this
Section shall be transferred without cost to the United States or the State,
other than administrative and legal costs incurred by the United States or the
State in carrying out such transfer.
(6) In accordance with the provisions of the Uranium Mill Tailings
Radiation Control Act of 1978, the use of the surface or subsurface estates,
or both, of the land transferred to the United States or the State pursuant to
paragraph (B) of subsection (2) of this Section is prohibited unless the
Commission permits such use after first determining that the use would not
endanger the public health, safety or welfare or the environment.
(7) The Department shall study the feasibility of imposing an annual
fee on the owner or operator of any facility used for the storage or disposal
of by-product material as defined in subsection (a)(2) of Section 4.
Section 14. Radiation Protection Advisory Council. There shall be
created a Radiation Protection Advisory Council consisting of 7 members to be
appointed by the Governor on the basis of demonstrated interest in and
capacity to further the purposes of this Act and who shall broadly reflect the
varied interests in and aspects of atomic energy and ionizing radiation within
the State. The Director of the Department of Labor and the Chairman of the
Commerce Commission or their representatives shall be ex-officio members of
the Council.
Members of the Council shall be appointed for 4 year terms, except that,
of the initial members the terms of 2 shall expire at the end of the first
year, 2 at the end of the second year, and 3 at the end of the third year.
Any member appointed to fill a vacancy occurring prior to the expiration of
the term for which his predecessor was appointed shall be appointed for the
remainder of such term. The Chairman of the Council shall be selected by and
from the Council membership. The Council members shall serve without
compensation but shall be reimbursed for their actual expenses incurred in
line of duty. The Council shall meet as often as the Chairman deems
necessary, but upon request of 4 or more members it shall be the duty of the
Chairman to call a meeting of the Council.
It shall be the duty of the Council to assist in the formulation of and
to review the policies and program of the Department as developed under
authority of this Act and to make recommendations thereon and to provide the
Department with such technical advice and assistance as may be requested. The
Council may employ such professional, technical, clerical and other
assistants, without regard to the civil service laws or the "Personnel Code"
of this State, as it deems necessary to carry out its duties.
Individuals who serve on advisory boards of the Department of Nuclear
Safety shall be defended by the Attorney General and indemnified for all
actions alleging a violation of any duty arising within the scope of their
service on such board. Nothing contained herein shall be deemed to afford
defense or indemnification for any willful or wanton violation of law. Such
defense and indemnification shall be afforded in accordance with the terms and
provisions of "An Act to provide for representation and indemnification in
certain civil law suits," approved December 3, 1977.
(a) There shall be created a Radiologic Technologist Accreditation
Advisory Board consisting of 13 members to be appointed by the Governor on the
basis of demonstrated interest in and capacity to further the purposes of this
Act: one physician licensed to practice medicine in all its branches
specializing in nuclear medicine; one physician licensed to practice medicine
in all its branches specializing in diagnostic radiology; one physician
licensed to practice medicine in all its branches specializing in therapeutic
radiology; 3 physicians licensed to practice medicine in all its branches who
does not specialize in radiology; one medical radiation physicist; one
radiologic technologist (radiography); one radiologic technologist (nuclear
medicine); one radiologic technologist (therapy); one chiropractor; one person
accredited by the Department to perform a limited scope of diagnostic
radiography procedures; and one registered nurse. The Director of the
Department of Nuclear Safety or his representative shall be an ex officio
member of the Board with voting privileges in case of a tie. The Board may
appoint consultants to assist in administering this Act.
(b) Any person serving on the Board who is a practitioner of a
profession or occupation required to be accredited pursuant to this Act, shall
be the holder of an appropriate accreditation issued by the State, except in
the case of the initial Board members.
(c) Members of the Board shall be appointed for 3 year terms, except
that of the initial members, the terms of 5 shall expire at the end of the
first year, 5 at the end of the second year, and 3 at the end of the third
year. Any member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed shall be
appointed for the remainder of such term. No more than 2 successive terms
shall be served by a Board member.
(d) The Chairman of the Board shall be selected by and from the Board
membership.
(e) The Board members shall serve without compensation but shall be
reimbursed for their actual expenses incurred in line of duty.
(f) All members of the Board shall be legal residents of the State and
shall have practiced for a minimum period of 2 years immediately preceding
appointment.
(g) The Board shall meet at least once a year, and at other times on
the call of the Chairman or by a majority of the Board membership.
(h) The Board shall advise, consult with and make recommendations to
the Department with respect to accreditation requirements to be promulgated by
the Department; however, the actions of the Board shall be advisory only with
respect to the Department.
(i) Individuals who serve on advisory boards of the Department of
Nuclear Safety shall be defended by the Attorney General and indemnified for
all actions alleging a violation of any duty arising within the scope of their
service on such advisory board. Nothing contained herein shall be deemed to
afford defense or indemnification for any willful or wanton violation of law.
Such defense and indemnification shall be afforded in accordance with the
terms and provisions of "An Act to provide for representation and
indemnification in certain civil lawsuits," approved December 3, 1977.
Section 16. Functions and powers of Department. The Department shall
administer this Act and promulgate by codes, rules, regulations, or orders
such standards and instructions to govern the possession and use of any
radiation source as the Department may deem necessary or desirable to protect
the public health, welfare and safety.
Section 17. The Department shall develop comprehensive policies and
programs for the evaluation and determination of exposures associated with the
use of radiation, and for their control.
Section 18. The Department shall hold public hearings, receive
pertinent and relevant proof from any party in interest who appears before the
Department, make findings of facts and determinations, all with respect to the
violations of the provisions of this Act or codes, rules, regulations or
orders issued pursuant thereto. The Department shall, within one year of the
effective date of this Act, adopt rules which prescribe the standards used by
the Department in determining when amendments to pleadings shall be allowed to
join or dismiss any party, or to delete, modify or add allegations or defenses
before the completion of an administrative hearing. The Department shall
allow only attorneys licensed and registered to practice in this State to
appear before it in administrative hearings, except that a natural person may
appear on his or her own behalf.
Section 19. The Department shall institute or cause to be instituted in
the circuit court proceedings to compel compliance with the provisions of this
Act or codes, rules, regulations or orders issued pursuant thereto.
Section 20. The Department shall advise, consult, and cooperate with
other agencies of the State, the Federal Government, other States and
interstate agencies, and with affected groups, political subdivisions, and
industries.
Section 21. The Department shall accept and administer according to law
loans, grants, or other funds or gifts from the Federal Government and from
other sources, public or private, for carrying out its functions under this
Act.
Section 22. The Department shall encourage, participate in, or conduct
studies, investigations, training, research, and demonstrations relating to
the control or measurement of radiation, the effects on health of exposure to
radiation, and related problems as it may deem necessary or advisable in the
discharge of its duties under this Act.
Section 23. The Department shall collect, maintain and disseminate
health education information relating to radiation.
Section 24. The Department shall with respect to radiation
installations and radiation sources, responsibility for which has been
transferred by the Federal Government to this State, review and approve plans
and specifications for radiation installations and radiation sources admitted
pursuant to codes, rules or regulations promulgated under this Act.
Section 25. (a) The Department shall inspect and test radiation
installations and radiation sources, their immediate surroundings and records
concerning their operation to determine whether or not any radiation resulting
therefrom is or may be detrimental to health. The inspection and testing
frequency of a radiation installation shall be based on the installation's
class designation in accordance with subsection (f).
Inspections of mammography installations shall also include evaluation
of the quality of mammography phantom images produced by mammography
equipment. The Department shall promulgate rules establishing procedures and
acceptance standards for evaluating the quality of mammography phantom images.
The fee for inspection and testing shall be $55 per radiation machine
for machines located in dental offices and clinics and used solely for dental
diagnosis, in veterinary offices and used solely for diagnosis, or in offices
and clinics of persons licensed under the Podiatric Medical Practice Act of
1987, and $80 per radiation machine for all other radiation machines. The
Department shall bill the operator for the appropriate fee after the machine
has been inspected and tested.
Fees assessed under this subsection shall be due within 60 days of
billing. After 60 days, the Department shall assess the operator of the
installation a late payment penalty of $25 per month for each machine at the
installation for which an inspection fee is still outstanding. If the fee for
inspection and testing is not paid within 180 days of the initial billing, the
Department may order the operator of the installation to cease use of the
machines for which the fee is outstanding or take other appropriate
enforcement action as provided in Section 36 of this Act.
(b) In lieu of inspections by the Department, an operator of a
radiation installation may elect to utilize the services of a nondepartment
qualified inspector, as defined in subsection (d), to inspect and test
radiation machines utilized therein. Inspection shall be personally performed
by the nondepartment qualified inspector and inspection and testing results
shall be documented on forms provided by the Department. The nondepartment
qualified inspector shall certify on each radiation inspection report that he
prepares for submission to the Department that he personally performed the
inspection and that the inspection was performed in accordance with standards
established by the Department. A $25 filing fee per radiation machine shall
be payable to the Department upon submission of the nondepartment inspector's
radiation inspection report. The inspection and testing frequency of a
radiation installation shall be based on the installation's class designation
in accordance with subsection (f). For purposes of this Section, "operator"
means an individual, group of individuals, partnership, firm, corporation or
association conducting the business or activities carried on within a
radiation installation.
(c) Every operator of a radiation installation shall file an
application for initial inspection and testing in accordance with subsection
(a) or (b) of this Section no later than 30 days after the initial
installation of a radiation machine. Radiation machines shall be inspected
and tested in accordance with subsection (a) and (b) and radiation inspection
reports shall be filed with the Department within 6 months of the date of
initial installation. Thereafter, applications for inspection and testing as
well as the filing of radiation inspection reports shall be made periodically
in accordance with a schedule promulgated by the Department.
(d) Each individual who conducts inspections as a nondepartment
qualified inspector pursuant to subsection (b) above shall register with the
Department as a nondepartment qualified inspector. Application for
registration as a nondepartment qualified inspector shall be made on a form
prescribed by the Department and shall be accompanied by the application fee
specified in subsection (e). The Department shall approve the application and
register an individual as a nondepartment qualified inspector if the
individual satisfies the criteria established by the Department. The
Department shall establish such criteria by regulation. The Department shall
suspend or revoke the registration of any nondepartment qualified inspector
who fails to pay the registration fee prescribed in subsection (e), who fails
to conduct inspections in accordance with the standards established by the
Department, or who intentionally submits to the Department an inspection
report that contains false or misleading information.
(e) The Department shall assess all nondepartment qualified inspectors
an annual registration fee of $50, payable on January 1 of each year. The
Department shall assess all individuals filing to become a nondepartment
inspector an application fee of $50 which will serve as a registration fee for
the remainder of the calendar year. Registration and application fees are not
refundable.
(f) For purposes of this Section, radiation installations shall be
defined as any location or facility where radiation machines are used and
shall be divided into 3 classes:
Class A - Class A shall include all radiation machines located in dental
offices and clinics and used solely for dental diagnosis or located in
veterinary offices and used solely for diagnosis and all installations using
commercially manufactured cabinet radiographic/ fluoroscopic radiation
machines and electron microscopes. Operators of Class A installations shall
have their radiation machines inspected and tested every 5 years in accordance
with Departmental regulations and radiation inspection reports shall be filed
in accordance with subsection (c). Fees shall be in accordance with
subsection (a) or (b) of this Section.
Class B - Class B shall include all radiation machines, other than
machines used for performing mammography, located in offices or clinics of
persons licensed under the Medical Practice Act of 1987, or under the
Podiatric Medical Practice Act of 1987, and used solely for diagnosis or
therapy and all installations using spectroscopy radiation machines,
noncommercially manufactured cabinet radiographic/fluoroscopic radiation
machines, portable radiographic/fluoroscopic units, non-cabinet baggage/
package fluoroscopic radiation machines and electronic beam welders.
Operators of Class B installations shall have their radiation machines
inspected and tested every 2 years in accordance with Departmental regulations
and radiation inspection reports shall be filed in accordance with subsection
(c). Fees shall be in accordance with subsection (a) or (b) of this Section.
Class C - Class C shall include all radiation machines which are not
classified as Class A or Class B. Class C shall include but not be limited to
radiation machines located in hospitals and educational institutions, all
radiation machines used for performing mammography procedures, and all
installations using diffraction radiation machines, open radiography radiation
machines, closed radiographic/fluoroscopic radiation machines and radiation
machines used as gauges. Test booths, tubs, baths or rooms used by
manufacturing, assembly or repair facilities for testing radiation machines
shall be categorized as Class C radiation installations. Operators of Class C
installations shall have their radiation machines inspected and tested
annually in accordance with Departmental regulations and radiation inspection
reports shall be filed in accordance with subsection (c). Fees shall be in
accordance with subsection (a) or (b) of this Section.
(g) The Department is authorized to maintain a facility for the
purpose of calibrating radiation detection and measurement instruments in
accordance with national standards. The Department may make calibration
services available to public or private entities within or outside of Illinois
and may assess a reasonable fee for such services.
Section 26. The Department shall cause an investigation to be made upon
receipt of information concerning a violation of the provisions of this Act or
of any codes, rules, or regulations promulgated thereunder.
Section 27. The Department shall have the power to enter at all
reasonable times upon any private or public property for the purpose of
determining whether or not there is compliance with or violation of the
provisions of this Act and rules and regulations issued thereunder, except
that entry into areas under the jurisdiction of the Federal Government shall
be effected only with the concurrence of the Federal Government or its duly
designated representative.
Section 28. (a) The Department shall require each person who possesses
or uses a source of ionizing radiation to maintain records relating to its
receipt, storage, transfer or disposal and such other records as the
Department may require, subject to such exemptions as may be provided by rules
or regulations.
(b) Unless they are transferred directly to the patient or the
patient's physician, mammography images or films shall be retained by the
provider of the mammography service for a minimum of 60 months. Mammography
images or films transferred to a patient's physician shall be retained by the
physician for a minimum of 60 months. These retention periods are a minimum
and shall not reduce any other medical record retention requirements
established by statute or regulation.
Section 29. The Department shall require each person who possesses or
uses a source of ionizing radiation to maintain appropriate records showing
the radiation exposure of all individuals for whom personnel monitoring is
required by rules and regulations of the Department. Except as otherwise
provided by law, copies of these records and those required to be kept by
Section 25 shall be submitted to the Department on request. Any person
possessing or using a source of ionizing radiation shall furnish to each
employee for whom personnel monitoring is required a copy of such employee's
personal exposure record at any time such employee has been exposed to
radiation in excess of limits prescribed by the Department, upon termination
of employment, and annually at his request.
Section 30. The Department shall issue such orders or modifications
thereof as may be necessary in connection with proceedings under Section 10
and other provisions of this Act and the regulations promulgated by the
Department.
Section 31. The provisions of The Illinois Administrative Procedure Act
are hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department under this Act, except that in case of conflict
between The Illinois Administrative Procedure Act and this Act the provisions
of this Act shall control, and except that Section 5 of the Illinois
Administrative Procedure Act relating to procedures for rule-making does not
apply to the adoption of any rule required by federal law in connection with
which the Department is precluded by law from exercising any discretion.
Section 32. Radiation emergency contingency plan. The Department shall
develop for use by the Emergency Service and Disaster Agency or its successor,
a comprehensive contingency plan for the protection of public health, welfare
and safety during a radiation emergency.
Section 33. Inspection agreements and training programs.
(1) The Department is authorized to enter into an agreement or
agreements with the Federal Government, other States or interstate agencies,
whereby this State will perform on a co-operative basis with the Federal
Government, other States or interstate agencies, inspections or other
functions relating to control of sources of ionizing radiation.
(2) The Department may institute training programs for the purpose of
qualifying personnel to carry out the provisions of this Act, and may make
said personnel available for participation in any program or programs of the
Federal Government, other States or interstate agencies in furtherance of the
purposes of this Act.
Section 34. All intrastate and interstate carriers of irradiated
nuclear reactor fuel in the State of Illinois are hereby required to notify
the Department of Nuclear Safety 24 hours prior to any transportation of
irradiated nuclear reactor fuel within this State of the proposed route, the
place and time of entry into the State, and the amount and the source of the
fuel. The Department shall immediately notify the State Police, which shall
notify the sheriff of those counties along the route of such shipment.
For the purpose of this subsection, a "carrier" is any entity charged
with transportation of such irradiated reactor fuel from the nuclear steam-
generating facility to a storage facility.
For the purpose of this subsection, "irradiated reactor fuel" is any
nuclear fuel assembly containing fissile-bearing material that has been
irradiated in and removed from a nuclear reactor facility.
Section 35. Radiation Protection Fund. All monies received by the
Department under this Act shall be deposited in the State Treasury and shall
be set apart in a special fund to be known as the "Radiation Protection Fund."
All monies within the Radiation Protection Fund shall be invested by the State
Treasurer in accordance with established investment practices. Interest
earned by such investment shall be returned to the Radiation Protection Fund.
Monies deposited in this fund shall be expended by the Director pursuant to
appropriation only to support the activities of the Department under this Act.
Section 36. Order for violation abatement and public hearing. Whenever
the Department believes upon inspection and examination of a radiation
installation or a radiation source as constructed, operated or maintained that
there has been a violation of any of the provisions of this Act or any rules
or regulations promulgated under this Act, the Department may:
(1) order the discontinuance of such violation;
(2) suspend or revoke a license issued previously for the radiation
source or the radiation installation or its operator;
(3) impose a civil penalty, not to exceed $1,000 for such violation,
provided each day the violation continues shall constitute a separate offense;
(4) order the decontamination of any property or structure which has
been contaminated as a result of such violation;
(5) restrict access to any property which has been contaminated as a
result of such violation; or
(6) impound, or order the impounding of, or confiscate radiation
sources possessed by operators or other persons engaging in such violation and
order the owner of the radiation sources to reimburse the Department for any
costs incurred by the Department in conjunction with the transfer, storage,
treatment or disposal of the radiation sources.
The Department shall also have the authority to take any of the actions
specified in paragraphs (4), (5) or (6) of this Section if a licensee seeks to
terminate a license issued by the Department pursuant to this Act or to
otherwise abandon a radiation installation.
Any such actions by the Department shall be based on standards and
procedures established by rules of the Department. Under such rules, the
Department may provide that all or a portion of the cost of such actions be
assessed to operators of radiation installations or other persons responsible
for the violation or contamination.
The civil penalties and costs assessed under this Section shall be
recoverable in an action brought in the name of the people of the State of
Illinois by the Attorney General.
In any order issued to an offending party under this Section, the
Department shall include a summary of its findings which give evidence of the
violation. Any party affected by an order of the Department shall have the
right to a hearing before the Department; however, a written request for such
a hearing shall be served on the Department within 10 days of notice of such
order. In the absence of receipt of a request for hearing the affected party
shall be deemed to have waived his right to a hearing.
No order of the Department issued under this Section, except an order
issued pursuant to Section 38 herein, shall take effect until the Department
shall find upon conclusion of such hearing that a condition exists which
constitutes a violation of any provision of this Act or any code, rule or
regulation promulgated under this Act except in the event that the right to
public hearing is waived as provided herein in which case the order shall take
effect immediately.
Section 37. Administrative Review Law. The provisions of the
Administrative Review Law, and the rules adopted pursuant thereto, shall apply
to and govern all proceedings for judicial review of final administrative
decisions of the Department hereunder. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
Section 38. Authority of Department in cases constituting an immediate
threat to health.
Notwithstanding any other provision of this Act, whenever the Department
finds that a condition exists which constitutes an immediate threat to health
due to the violation of any provisions of this Act or any code, rule,
regulation or order promulgated under this Act and requiring immediate action
to protect the public health or welfare, it may issue an order reciting the
existence of such an immediate threat and the findings of the Department
pertaining thereto. The Department may summarily cause the abatement of such
violation or may direct the Attorney General to obtain an injunction against
such violator.
Such order shall be effective immediately but shall include notice of
the time and place of a public hearing before the Department to be held within
30 days of the date of such order to assure the justification of such order.
On the basis of such hearing the Department shall continue such order in
effect, revoke it or modify it. Any party affected by an order of the
Department shall have the right to waive the public hearing proceedings.
Section 39. Violations. Any person who shall violate any of the
provisions of, or who fails to perform any duty imposed by this Act, or who
violates any determination or order of the Department promulgated pursuant to
this Act, is guilty of a Class A misdemeanor; provided each day during which
violation continues shall constitute a separate offense; and in addition
thereto, such person may be enjoined from continuing such violation as
hereinafter provided.
The penalties provided herein shall be recoverable in an action brought
in the name of the people of the State of Illinois by the Attorney General.
Section 40. Injunctive relief. It shall be the duty of the Attorney
General upon the request of the Department to bring an action for an
injunction against any person violating the provisions of this Act, or
violating any order or determination of the Department.
Section 41. Conflicting laws. This Act shall not be construed as
repealing any laws of the State relating to radiation sources, exposures,
radiation protection, and professional licensure, but shall be held and
construed as auxiliary and supplementary thereto, except to the extent that
the same are in direct conflict herewith.
No ordinances or regulations of any governing body of a municipality or
county or board of health not inconsistent with this Act or any code, rules or
regulations promulgated pursuant thereto shall be superseded by this Act.
No unit of local government, including a home rule unit, may regulate
matters concerning radiation in a manner inconsistent with this Act or any
rule or regulation promulgated under this Act. This paragraph is a limitation
under subsection (i) of Section 6 of Article VII of the Illinois Constitution
on the concurrent exercise by home rule units of powers and functions
exercised by the State.
Section 42. Existing remedies unimpaired. No existing civil or
criminal remedy for any wrongful action which is a violation of any code, rule
or regulation promulgated under this Act shall be excluded or impaired by this
Act.
Section 43. Reinstatement of existing licenses; Force and effect of
existing rules.
All licenses, accreditations, registrations, and exemptions in effect on
the date of this Act becomes law and issued pursuant to the Radiation
Protection Act, are reinstated for the balance of the term for which last
issued. All rules in effect on the date this act becomes law and promulgated
pursuant to the Radiation Protection Act, shall remain in full force and
effect on the effective date of this Act without being promulgated again by
the Department, except to the extent any rule or regulation is inconsistent
with any provision of this Act.
Section 44. Protection of powers. The powers, duties and functions
vested in the Department under the provisions of this Act shall not be
construed to affect in any manner the powers, duties, and functions vested in
the Department under any other provisions of law.
