Bill 2825

                    Current Status

Bill Number:               2825
Ratification Number:       499
Act Number:                449
Introducing Body:          House
Subject:                   Relating to control and regulation of
                           radiation sources

(A449, R499, H2825)

AN ACT TO AMEND SECTION 13-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROL AND REGULATION OF RADIATION SOURCES, SO AS TO PROVIDE FOR THE REGULATIONS TO ESTABLISH QUALIFICATIONS OF OPERATORS OF SOURCES OF IONIZING RADIATION, AND TO AMEND SECTION 13-7-45, SO AS TO PROHIBIT A PERSON FROM APPLYING IONIZING RADIATION TO HUMANS UNLESS CERTIFIED OR EXEMPTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE FEES AND PENALTIES RELATING TO CERTIFICATION OF USERS OF THE SOURCES OF IONIZING RADIATION, AND TO PROVIDE THAT CERTAIN PERSONS ARE NOT AFFECTED BY THE PROVISIONS OF THE ACT.

Be it enacted by the General Assembly of the State of South Carolina:

Regulations

SECTION 1. The sixth paragraph of Section 13-7-40 of the 1976 Code is amended by adding at the end:

"(9) Formulate, adopt, promulgate, and repeal regulations pertaining to the qualifications of operators applying ionizing radiation to humans."

Persons must be certified

SECTION 2. Section 13-7-40 of the 1976 Code is amended by adding at the end:

"( ) No person shall apply ionizing radiation to humans unless certified or exempted by the department."

Department to promulgate regulations

SECTION 3. Section 13-7-45 of the 1976 Code, added by Act 454 of 1982, 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 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 radiation and in performing any 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 any arrangement existing between the State of South Carolina and a registrant, licensee, or certificant, another state, or a federal agency under which any costs incurred by the Department in regulating the use of ionizing radiation and in performing any emergency corrective measures intended to protect the public health and safety and the environment are recoverable by this State.

(C) Any registrant, licensee, or certificant who fails to pay the fees required by regulation of the Department within thirty days after payment is due shall also 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 any activities permitted under the authority of the registration, license, or certificate shall cease 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."

Exemption

SECTION 4. Any person who is practicing as an operator of sources of ionizing radiation on the effective date of this act is exempt from the certification requirements promulgated by the Department of Health and Environmental Control provided that such person applies for certification as an operator within sixty days of the effective date of this act.

Act does not apply to employees of licensed

hospital

SECTION 5. This act does not apply to any employee of a licensed hospital in this State when performing services commonly within the definition of radiologic technology as long as the services are performed within the course and scope of his employment as an employee of the hospital. No regular employee of a licensed hospital in this State is required to be licensed as a condition of employment by or for performance of these services as long as he does not represent himself as a radiological technician.

Time effective

SECTION 6. This act shall take effect upon approval by the Governor.