(1) The owner or person having possession of
any radiation machine or accelerator, except those specifically exempted in
Rule 0400-20-10-.07, shall register such sources within 10 days after
acquisition of such machine. The owner or possessor of any accelerator shall
substitute an application for certified registration required in Chapter
0400-20-09. The application for certified registration must be received by the
Department within 10 days after acquisition of the accelerator; however, an
accelerator may not be energized until registered pursuant to Chapter
0400-20-09. In addition, every person who provides inspections as provided for
in paragraph (4) of Rule 0400-20-10-.27 and every person who assembles,
installs, or services radiation machines shall register with the Division of
Radiological Health, Tennessee Department of Environment and Conservation.
Registration under this rule shall be on Department Form RHS 8-4, Form RHS 8-4a
or Form RHS 8-4b, as appropriate, as furnished by the Department and may be
obtained from the Division of Radiological Health, at the address given in Rule
0400-20-04-.07. A registration fee in accordance with the Classification and
Fee Schedule in paragraph (3) of this rule shall be due upon receipt of an
invoice from the Division of Radiological Health following the submittal of the
completed registration form. The check for the fee shall be made payable to
"Treasurer, State of Tennessee."
(2) An annual registration fee will be
required each year as long as the radiation machine or service is subject to
registration. Each registrant shall submit the annual fee payable to,
"Treasurer, State of Tennessee," in the appropriate dollar amount in accordance
with the Classification and Fee Schedule in paragraph (3) of this rule to the
Division of Radiological Health. Payment shall be accompanied by a copy of the
fee invoice properly completed. The invoice for the annual fee will be dated
May 1st and will require payment by June
15th of the indicated year. The annual registration
fee shall be due within 45 days of issuance of an invoice. At the time of the
annual payment, a registrant of only Class II radiation machines may request
specific times or list restricted hours during normal work hours for
inspections pursuant to Rule 0400-20-10-.27 by personnel of the Division of
Radiological Health, Tennessee Department of Environment and
Conservation.
(3) Classification
and fee schedule. For purposes of inspections and payment of fees the
classification and fee schedule shall be as follows:
(a) Radiation Machines
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CLASS I
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Dental Radiation Machines:
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$85.00 per tube
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All diagnostic equipment used exclusively for
dental diagnostic procedures.
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CLASS II
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Priority Two Medical Radiation Machines:
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$195.00 per tube
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All medical diagnostic x-ray equipment, not in
Class III, used exclusively for medical or veterinary diagnostic
procedures.
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CLASS III
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Priority One Medical Radiation Machines:
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$286.00 per tube
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All diagnostic x-ray equipment used in
radiologists' offices, orthopedic surgeon's offices or hospitals exclusively
for medical diagnostic procedures.
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CLASS IV
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Therapy Medical Radiation Machines:
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$390.00 per tube
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All x-ray equipment with energies less than 0.9 MeV
used for the purpose of medical or veterinary radiation therapy.
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CLASS V
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Priority Two Industrial and Educational Radiation
Machines:
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$780.00 per tube
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Closed-beam analytical radiation machines, gauges
or industrial radiation machines used in shielded room or cabinet
radiography.
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CLASS VI
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Priority One Industrial and Educational Radiation
Machines:
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$1,170.00 per tube
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All x-ray machines used for industrial radiography
and all open-beam analytical x-ray machines and all radiation machines not
specifically included in Class I, II, III, IV, V, VII.
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CLASS VII
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Accelerators:
All devices defined as accelerators as per "State
Regulations for Protection Against Radiation"
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$2,600.00 annual fee, plus an initial fee of
$375.00 per maximum nominal rated MeV for initial certified registration review
initial review fee not to exceed $150,000.00)
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(b)
A person providing inspection services as permitted by paragraph (4) Rule
0400-20-10-.27 shall pay $850. 00 of an annual registration fee of eight
hundred fifty dollars.
(c) A person
providing assembly/installation/servicing shall pay $850.00 an annual
registration fee of eight hundred fifty dollars.
(d) A registrant may qualify to pay a
registration fee equal to 18 percent of that listed in this paragraph, subject
to the following conditions:
1. All tubes
subject to registration are inspected in accordance with paragraphs (3), (4)
and (5) of Rule 0400-20-10-.27.
(i) For
purposes of the 18 percent fee, the first inspection performed on an x-ray tube
on or after December 6, 2011, will establish a new baseline date for that tube.
Previous baseline dates will be reset to the last day of the month of
performance of the previous inspections.
(I)
Each subsequent inspection of a tube shall be performed during the same month
as the preceding inspection or the month immediately following resulting in
"baseline periods" of from 59 days to 62 days, depending upon applicable new 2
month periods, according to the schedule set out in subparagraph (3)(a) of Rule
0400-20-10-.27.
(II) An inspection
performed prior to or after the applicable new 2 month period shall establish a
new baseline date for that tube.
(III) An inspection performed after the
applicable new 2 month period shall not qualify the registrant for the 18
percent fee.
(IV) An inspection
performed prior to the applicable new 2 month period and meeting all other
requirements found in paragraphs (3), (4) and (5) of Rule 0400-20-10-.27 shall
qualify the registrant for the 18 percent fee.
(ii) Reserved.
2. Each newly acquired tube subject to
registration is inspected within 3 months of ownership or possession.
3. An individual who satisfies the
requirements in paragraph (4) of Rule 0400-20-10-.27 performs all
inspections.
4. The registrant
submits to the Division, at the address given in Rule 0400-20-04-.07:
(i) Copies of the appropriate State
evaluation forms within 60 days after the inspection.
(ii) Copies of applicable service reports to
document correction of any deficiencies noted within 60 days after the
inspection.
(iii) A signed "X-Ray
Inspection Notification and Certification of Compliance" form within 60 days of
the inspection.
5.
Inspections found by the Division to be unsatisfactory under this subparagraph
or under paragraph (4) or (5) of Rule 0400-20-10-.27 shall not qualify for the
18 percent.
(i) The registrant shall correct
and re-submit the report(s) and documentation of an inspection found to be
unsatisfactory within 30 days of the date of notification by the Division.
Failure to correct and re-submit the report(s) and documentation of an
unsatisfactory inspection will subject the registrant to the Division's normal
enforcement actions, penalties and assessments.
(ii) The 30-day correction period shall not
establish a new baseline. It shall not:
(I)
Qualify an existing tube for reduced fee for the following calendar year,
or
(II) Qualify a newly acquired
tube for reduced fee for the current calendar year.
(e) Reserved.
(4) Any failure to pay an invoiced
amount by the date specified on the invoice, unless qualified by subparagraph
(3)(d) of this rule, shall be deemed to constitute a violation of T.C.A.
§§
68-203-101 et seq.
(5) Whenever there is a change in information
such as address, ownership, possessor, or location of use from that declared on
the last previous registration, the completion of a new Form RHS 8-4 shall be
required within 10 days of the change.
(6) Each registrant, or his estate, who
permanently discontinues the use of or transfers all of his radiation machines
at an installation shall notify the Division in writing within 60 days of such
action. In the event of a transfer, the notification shall include the name and
address of the transferee.
(7) No
person shall state or imply that any activity under such a registration has
been approved by the Division.
Notes
Tenn. Comp. R. &
Regs. 0400-20-10-.24
Original rule
filed February 22, 2012; effective May 22, 2012. Amendment filed February 13,
2013; effective May 14, 2013. Amendments filed September 25, 2014; effective
December 24, 2014. Amendments filed March 3, 2015; effective
6/1/2015.
Authority: T.C.A. §§
68-202-101 et seq., 68-202-201 et
seq., and 4-5-201 et seq.
