H*4862 Session 108 (1989-1990)
H*4862(Rat #0677, Act #0552 of 1990) General Bill, By J. Rama
A Bill to amend Section 13-7-10, Code of Laws of South Carolina, 1976,
relating to the definitions pertaining to the Atomic Energy and Radiation
Control Act, so as to define "nonionizing radiation"; amend Section 13-7-40,
relating to the powers and duties of the Department of Health and
Environmental Control under the Act, so as to authorize the Technical Advisory
Radiation Control Council to advise the Department on matters pertaining to
nonionizing as well as ionizing radiation, change a reference to the
Chiropractic Association, require two members of the Council to have
recognized knowledge in the field of radiation without the requirement that it
be to ionizing radiation, provide for department regulations on and reference
to nonionizing as well as ionizing radiation and authorize the Department as
well as the Attorney General to apply for an order to enjoin violations of the
Act; and amend Section 13-7-45, relating to the authorization of the
Department to promulgate regulations for licensing, registration, and
certification of users of the sources of ionizing radiation, so as to
authorize the Department to promulgate regulations regarding nonionizing
radiation.-amended title
03/20/90 House Introduced and read first time HJ-22
03/20/90 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-22
04/24/90 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-11
05/02/90 House Amended HJ-30
05/02/90 House Read second time HJ-31
05/03/90 House Read third time and sent to Senate HJ-12
05/08/90 Senate Introduced and read first time SJ-13
05/08/90 Senate Referred to Committee on Medical Affairs SJ-13
05/17/90 Senate Committee report: Favorable Medical Affairs SJ-38
05/25/90 Senate Read second time SJ-22
05/30/90 Senate Read third time and enrolled SJ-26
06/05/90 Ratified R 677
06/06/90 Signed By Governor
06/06/90 Effective date 06/06/90
06/06/90 Act No. 552
07/02/90 Copies available
(A552, R677, H4862)
AN ACT TO AMEND SECTION 13-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE DEFINITIONS PERTAINING TO THE ATOMIC ENERGY AND
RADIATION CONTROL ACT, SO AS TO DEFINE "NONIONIZING
RADIATION"; AMEND SECTION 13-7-40, RELATING TO THE POWERS AND
DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE
ACT, SO AS TO AUTHORIZE THE TECHNICAL ADVISORY RADIATION CONTROL
COUNCIL TO ADVISE THE DEPARTMENT ON MATTERS PERTAINING TO NONIONIZING
AS WELL AS IONIZING RADIATION, CHANGE A REFERENCE TO THE CHIROPRACTIC
ASSOCIATION, REQUIRE TWO MEMBERS OF THE COUNCIL TO HAVE RECOGNIZED
KNOWLEDGE IN THE FIELD OF RADIATION WITHOUT THE REQUIREMENT THAT IT BE
TO IONIZING RADIATION, PROVIDE FOR DEPARTMENT REGULATIONS ON AND
REFERENCES TO NONIONIZING AS WELL AS IONIZING RADIATION AND AUTHORIZE
THE DEPARTMENT AS WELL AS THE ATTORNEY GENERAL TO APPLY TO A COURT FOR
AN ORDER TO ENJOIN VIOLATIONS OF THE ACT; AND AMEND SECTION 13-7-45,
RELATING TO THE AUTHORIZATION OF THE DEPARTMENT TO PROMULGATE
REGULATIONS FOR LICENSING, REGISTRATION, AND CERTIFICATION OF USERS OF
THE SOURCES OF IONIZING RADIATION, SO AS TO AUTHORIZE THE DEPARTMENT
TO PROMULGATE REGULATIONS REGARDING NONIONIZING RADIATION.
Be it enacted by the General Assembly of the State of South Carolina:
Nonionizing radiation defined
SECTION 1. Section 13-7-10 of the 1976 Code is amended by adding:
"(9) `Nonionizing radiation' for the purpose of this section
shall mean only ultraviolet radiation used for the purpose of tanning
the human body, and shall include ultraviolet radiation with
wavelengths in air between two hundred and four hundred
nanometers."
Nonionizing radiation reference added; council members; violations
SECTION 2. Section 13-7-40 of the 1976 Code is amended to read:
"Section 13-7-40. (A) The Department of Health and
Environmental Control is designated as the agency of the State which
is responsible for the control and regulation of radiation sources
but, notwithstanding anything in this article, does not have the power
to regulate, license, or control nuclear reactors of facilities or
operations incident to them in duplication of an activity of the
federal government which has not been discontinued by agreement
pursuant to Section 13-7-60.
(B) The department shall employ, compensate, and prescribe the
powers and duties of individuals necessary to carry out the provisions
of this article as it pertains to the department. The department
shall establish a technical advisory council to assist it in
performing its specialized responsibilities.
(C) There is established a Technical Advisory Radiation Control
Council responsible and reporting to the department which shall advise
the department on matters pertaining to ionizing and nonionizing
radiation and standards and regulations to be adopted, modified,
promulgated, or repealed by the department. No standards or
regulations may be adopted, modified, promulgated, or repealed by the
department except after consultation with the council. The council
consists of six members and one ex officio member from the department,
designated by the department or its designated agent. The six members
of the council must be appointed by the Governor as follows: one
member from the South Carolina Medical Association, one member from
the South Carolina Dental Association, one member from the South
Carolina Radiological Society, one member from the South Carolina
Chiropractic Association, one member having recognized knowledge in
the field of radiation and its biological effects from the Associated
Industries of South Carolina, and one member from the State at large
having recognized knowledge in the field of radiation and its
biological effects. The terms of office of the members first
appointed are as follows: The member from the South Carolina Medical
Association must be appointed for one year, the members from the South
Carolina Dental Association and the South Carolina Radiological
Society must be appointed for two years, and the other three members
must be appointed for three years. The successors must be appointed
for three years each.
(D) When on business of the council, members are allowed the
usual mileage, per diem, and subsistence as provided by law for
members of state boards, committees, and commissions. The council
shall meet at least as frequently as semiannually or at call of the
chairman. Minutes of meetings of the council must be included in the
minutes of the meeting of the department next occurring after the
preparation of the minutes.
(E) A consulting radiation physicist, certified by the American
Board of Radiology, must be available to the Advisory Council at its
regular meetings and on request. The consulting physicist must be
paid on a per diem basis from budgeted funds.
(F) The department in connection with the control and regulation
of radiation sources, in addition to its other duties as imposed by
law shall:
(1) develop and conduct programs for evaluation of
hazards associated with the use of radiation sources;
(2) develop and conduct programs for the
control, surveillance, and regulation of radiation sources, not
inconsistent with those prescribed by the United States Atomic Energy
Commission, and with due regard for controls and regulations in effect
in other states;
(3) formulate, adopt, promulgate, and repeal
regulations relating to the control of ionizing and nonionizing
radiation;
(4) issue orders or modifications of them as
may be necessary in connection with proceedings under this article;
(5) advise the Governor, the legislature, and
relevant state agencies with regard to the status of radiation control
and consult and cooperate with the various departments, agencies, and
political subdivisions of the State, the federal government, other
states, and interstate agencies and with public and private groups
concerned with the control of radiation sources and hazards;
(6) accept and administer loans, grants, or
other funds or gifts, conditional or otherwise, in furtherance of its
functions, from the federal government and from other sources, public
or private;
(7) encourage, participate in, or conduct
studies, investigations, training, and demonstrations relating to
control of radiation sources;
(8) collect and disseminate information relating to
control of radiation sources;
(9) provide by regulation for the licensing or
registration of radiation sources or devices or equipment utilizing
these sources. These regulations must provide for amendment,
suspension, or revocation of licenses;
(10) promulgate and repeal regulations pertaining to
the qualifications of operators applying ionizing or nonionizing
radiation to humans.
(G) No person may possess, use, or transfer a source of ionizing
or nonionizing radiation unless registered, licensed, or exempted by
the department.
(H) The department may exempt certain radiation sources or kinds
of uses or users from the licensing or regulation requirements set
forth in this section when the department makes a finding that the
exemption of these radiation sources or kinds of uses or users will
not constitute a significant risk to the health of the public.
(I) The department or its authorized representatives may enter
at all reasonable times upon private or public property for the
purpose of determining whether or not there is compliance with or
violation of the provisions of this article and regulations
promulgated under it. A report of investigation or inspection or
information concerning trade secrets or secret industrial processes
obtained under this article must not be disclosed or opened to public
inspection except as necessary for the performance of the functions of
the department. The department shall require each person who
possesses or uses a radiation source to maintain records relating to
its receipt, storage, transfer, or disposal and other records the
department may require, subject to exemptions as may be provided by
regulations. Copies of these records must be submitted to the
department on written request. The department shall require each
person who possesses or uses a radiation source to maintain
appropriate records showing the radiation exposure of all individuals
for whom personnel monitoring is required by the regulations of the
department. Copies of these records and those required to be kept
must be submitted to the department on written request.
(J) A person possessing or using a radiation source shall
furnish to each employee for whom personnel monitoring is required, or
to the employee's physician, a copy of the employee's personal record
at times the department by regulation may prescribe.
(K) Opportunity for public hearing must be provided by the
department for the issuance of a modification of regulations; the
granting, suspending, revoking, or amending a license; and determining
compliance with or granting exceptions from regulations of the
department. A final order entered in a proceeding is subject to
judicial review.
(L) Whenever, in the judgment of the department, a person has
engaged in or is about to engage in acts or practices which constitute
a violation of a provision of this article or a regulation or an order
issued under it, the department, or, at the request of the department,
the Attorney General may make application to the court of common pleas
for an order enjoining these acts or practices, or for an order
directing compliance. Upon a showing by the department that the
person has engaged in or is about to engage in these acts or
practices, a permanent or temporary injunction, restraining order, or
other order may be granted.
(M) In an emergency the department may impound sources of
ionizing or nonionizing radiation in the possession of a person who is
not equipped to comply with or fails to comply with the provisions of
the article or the regulations.
(N) The department, subject to the approval of the Governor, may
enter into agreements with the federal government or other state or
interstate agencies for the purpose of performing on a cooperative
basis inspections or other functions relating to the control of
sources of ionizing or nonionizing radiation. The department may
institute training programs for the purpose of qualifying personnel to
carry out the provisions of this article.
(O) Ordinances, resolutions, or regulations in effect now or in
the future of the governing body of an agency or political subdivision
of the State relating to radiation sources are not superseded by this
article if the ordinances or regulations are and continue to be
consistent with the provisions of this article, amendments to it, and
regulations under it.
(P) No person may apply ionizing or nonionizing radiation to
humans unless certified or exempted by the department."
Nonionizing radiation regulations
SECTION 3. Section 13-7-45 of the 1976 Code is amended to read:
"Section 13-7-45. (A) The South Carolina Department of
Health and Environmental Control shall promulgate regulations and
establish a schedule for the collection of annual fees for the
licensing, registration, and certification of users of the sources of
ionizing and nonionizing radiation. The fees collected must be
sufficient, in the judgment of the department, to protect the public
health and safety and the environment and to recover the costs
incurred by the department in regulating the use of ionizing and
nonionizing radiation and in performing emergency corrective measures
intended to protect the public health and safety or the environment
pursuant to the provisions of law.
(B) In determining the sufficiency of the fees to be charged and
collected, the department shall consider an arrangement existing
between South Carolina and a registrant, a licensee, a certificant,
another state, or a federal agency under which costs incurred by the
department in regulating the use of ionizing and nonionizing radiation
and in performing emergency corrective measures intended to protect
the public health and safety and the environment are recoverable by
this State.
(C) A registrant, licensee, or certificant who fails to pay the
fees required by regulation of the department within thirty days after
payment is due also shall pay a penalty of fifty dollars. If failure
to pay the required fees continues for more than sixty days after
payment is due, the registrant, licensee, or certificant must be
notified by the department by certified mail to be sent to his last
known address that his registration, license, or certificate is
revoked and that activities permitted under the authority of the
registration, license, or certificate must end immediately. The
registration, license, or certificate may be reinstated by the
department upon payment of the required fees, the penalty of fifty
dollars, and an additional penalty of one hundred dollars if the
registrant, licensee, or certificant is otherwise in good standing, in
the judgment of the department, and presents to the department a
satisfactory explanation for his failure to pay the required
fees."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 6th day of June, 1990.
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