MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Public Health and Human
Services; Appropriations
By: Representative Clark
House Bill 416
AN ACT TO AMEND SECTION 45-14-31, MISSISSIPPI CODE OF 1972,
TO AUTHORIZE THE STATE BOARD OF HEALTH TO SET APPLICABLE FEES FOR LICENSING AND
REGISTRATION OF RADIOLOGICAL HEALTH ENTITIES; TO DELETE THE SCHEDULE OF FEES
FOR RADIOACTIVE MATERIAL LICENSES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section
45-14-31, Mississippi Code of 1972, is amended as follows:
45-14-31. All initial
application and registration fees and annual fees due under this section shall
be paid directly to the agency for deposit into the Radiological Health
Operations Fund in the State Treasury. The Mississippi State Board of Health
shall submit its separate budget for carrying out the provisions of this
chapter. The budget shall be subject to and shall comply with the requirements
of the state budget law. In order to supplement state radiological health
budget allocations authorized to carry out and enforce the provisions of this
chapter, the * * *agency
State Board of Health is authorized to charge and collect fees for
licensing and registration of radiological health entities in accordance
with the following * * *schedules:
Radioactive material fees shall be equal to twenty-five percent (25%) of the
most current annual fees charged by the United States Nuclear Regulatory
Commission under the provisions of 10 CFR 171.16. All other fees for general
licenses, X-rays, X-ray services, reciprocity licenses and registrations,
accelerators, neutron generators, nuclear reactors, and NORM (naturally
occurring radioactive materials) shall be set by the board.
* * *SCHEDULE OF FEES FOR RADIOACTIVE MATERIAL LICENSES
Category Application Fee Annual Fee
I.
Waste Disposal
(a) Licenses specifically $350,000.00 $350,000.00
authorizing
the receipt of low‑level
waste
radioactive material from
other
persons for the purpose of
commercial
disposal by land burial
by
the waste disposal licensee.
(b)
Licenses specifically $ 2,000.00 $ 2,000.00
authorizing
the receipt of waste
radioactive
material from other
persons
for the purpose of packaging
the
material. The licensee will
dispose
of the material by transfer
to
another person authorized to receive
or
dispose of the material.
(c)
Licenses specifically $ 1,000.00 $ 1,000.00
authorizing
the receipt of
prepackaged
waste radioactive
material
from other persons. The
licensee
will dispose of the
material
by transfer to another
person
authorized to receive or
dispose
of the material.
(d)
Licenses specifically $ 2,000.00 $ 2,000.00
authorizing
the receipt of waste
radioactive
material from other
persons
for the purpose of
super‑compaction
(compaction of
seven‑fold
or greater). The licensee
will
dispose of the material by
transfer
to another person authorized
to
receive or dispose of the material.
(e)
Licenses specifically $ 6,000.00 $ 6,000.00
authorizing
the receipt of waste
radioactive
material from other
persons
for the purpose of
incineration.
The licensee will
dispose
of radioactive ash by
transfer
to another person authorized
to
receive or dispose of this material.
II.
Nuclear Laundries
Licenses
for commercial $ 4,000.00 $ 4,000.00
collection
in laundries of items
contaminated
with radioactive material.
III.
Distributors of
Generally
Licensed Devices or
Specific
Licensed Devices
Licenses
issued to distribute $ 3,000.00 $ 3,000.00
items
containing radioactive
material
to persons generally
licensed.
IV.
Human Use
(a)
Licenses issued for $ 1,300.00 $ 1,300.00
human
use of radioactive material
in
sealed sources contained in
teletherapy
devices.
(b)
Licenses issued to $ 1,100.00 $ 1,100.00
physicians
or medical institutions
for
human use of radioactive material
for
diagnostic purposes only.
(c)
Licenses issued to $ 1,300.00 $ 1,300.00
physicians
or medical institutions
for
human use of radioactive material
for
therapeutic purposes, except
licenses
in category IV(a).
(d)
Licenses issued to $ 600.00 $ 600.00
physicians
or medical institutions
for
human use of radioactive material
provided
by a mobile nuclear medicine
service.
(e)
Licenses specifically $ 2,000.00 $ 2,000.00
authorizing
mobile nuclear medicine
services
to licensees in categories
IV(b)
or IV(d).
(f)
Licenses specifically $ 500.00 $ 500.00
authorizing
the use of radioactive
material
contained in eye applicators
or
bone mineral analyzers.
V.
Radiopharmacies
Licenses specifically $ 3,000.00 $ 3,000.00
authorizing
the processing or
manufacturing
and distribution
or
redistribution of
radiopharmaceuticals,
generators,
reagent
kits and/or sources and
devices
containing radioactive material.
VI.
Industrial Radiography
Licenses
issued for $ 3,000.00 $ 3,000.00
industrial
radiography operations.
VII.
Well Logging Operations
(a)
Licenses for possession $ 2,500.00 $ 2,500.00
and
use of radioactive material for well
logging
and subsurface tracer studies.
(b)
Licenses for possession $ 400.00 $ 400.00
and
use of radioactive material in
markers
including radioactive collars
and
radioactive iron nails.
VIII.
Irradiators
(a)
Licenses for possession $ 900.00 $ 900.00
and
use of radioactive material in
sealed
sources for irradiation of
materials
where the source is not
removed
from its shield
(self‑shielded
units).
(b)
Licenses for possession $ 5,000.00 $ 5,000.00
and
use of radioactive material in
sealed
sources for irradiation of
materials
where the source is
exposed
for irradiation purposes.
IX.
Civil Defense
Licenses
for possession and $ 500.00 $ 500.00
use
of radioactive material for
Civil
Defense activities.
X.
Broad Scope Licenses
(a)
Licenses of broad $ 1,200.00 $ 1,200.00
scope
for possession and use of
radioactive
material issued for
educational
research and development
and
instructional purposes.
(b)
Licenses of broad $ 2,000.00 $ 2,000.00
scope
for possession and use of
radioactive
materials issued for human
use,
medical research and development
and
instructional purposes.
(c)
Licenses of broad $ 2,000.00 $ 2,000.00
scope
for possession and use of
radioactive
material issued for
industrial
purposes.
XI.
Research and Development
(a)
Licenses for possession $ 900.00 $ 900.00
and
use of radioactive material for
educational
research and development
and
instructional purposes.
(b)
Licenses for possession $ 1,000.00 $ 1,000.00
and
use of radioactive material for
industrial
research and development.
XII.
Industrial Gauges
(a)
Licenses for possession $ 1,000.00 $ 1,000.00
and
use of fixed in‑plant gauge(s)
containing
radioactive material.
(b)
Licenses for possession $ 1,000.00 $ 1,000.00
and
use of pipe wall thickness gauge(s)
containing
radioactive material.
(c)
Licenses for possession $ 1,000.00 $ 1,000.00
and
use of portable densitometer(s)
containing
radioactive material.
(d)
Licenses for possession $ 600.00 $ 600.00
and
use of portable industrial gauge(s)
containing
radioactive material except
categories
XII(b) and (c).
XIII.
Licenses for possession $ 1,500.00 $ 1,500.00
and
use of radioactive material for
the
performance of environmental
tracer
studies.
XIV.
Licenses authorizing $ 1,000.00 $ 1,000.00
the
installation, removal, repair
and
maintenance of gauge(s)
containing
radioactive material.
XV.
Licenses authorizing $ 300.00 $ 300.00
the
use of radioactive material
contained
in gas chromatographs.
XVI.
Licenses specifically $ 3,000.00 $ 3,000.00
authorizing
decommissioning,
decontamination,
reclamation,
or
site restoration activities.
XVII.
Licenses specifically $ 1,000.00 $ 1,000.00
authorizing
the removal of
radioactive
material from oil and/or
gas
tubing and equipment.
XVIII.
All other specific $ 600.00 $ 600.00
licenses
other than those
specified
above.
XIX.
Additional permanent sites 10% of 10% of
where
radioactive material is applicable applicable
stored
or used under same license. fee fee
SCHEDULE
OF FEES FOR GENERAL LICENSE DEVICES
Initial
registration and annual fees for the receipt, possession or use of radioactive
material under a general license shall be per registration as follows:
(a)
Certain measuring, $ 150.00 $ 150.00
gauging
and controlling device(s).
(b)
Generally licensed gas $ 100.00 $ 100.00
chromatographs.
(c)
Static elimination $ 100.00 $ 100.00
device(s)
and ion generating tube(s).
(d)
Source material. $ 100.00 $ 100.00
(e)
Depleted Uranium. $ 100.00 $ 100.00
(f)
In vitro testing $ 100.00 $ 100.00
and
clinical labs.
(g)
All other general $ 100.00 $ 100.00
license
registrations other than
those
specified above.
SCHEDULE
OF FEES FOR X‑RAY TUBE
Fees
for the initial registration and annual renewal fees of each x‑ray tube
shall be as follows:
X‑RAY TUBES
I.
Healing Arts and Veterinary Medicine $ 60.00
II.
Nonhealing Arts
(a)
Industrial, other than $ 100.00
Industrial
Radiography
(b)
Educational $ 75.00
SCHEDULE
OF FEES FOR INDUSTRIAL RADIOGRAPHY
X‑RAY
REGISTRATIONS
Fees
for the initial registration and annual fees for industrial radiography x‑ray
devices shall be Six Hundred Dollars ($600.00).
SERVICES
Each
person who assembles, installs or services radiation machines within the State
of Mississippi shall pay an annual registration fee of Three Hundred Dollars
($300.00).
SCHEDULE
OF FEES FOR ACCELERATORS
Fees
for the initial registration and annual fees of each accelerator shall be Seven
Hundred Fifty Dollars ($750.00).
SCHEDULE
OF FEES FOR NEUTRON GENERATOR REGISTRATIONS
Fees
for initial registration and annual fees for neutron generators shall be Six
Hundred Dollars ($600.00).
SCHEDULE
OF FEES FOR NUCLEAR REACTORS
A
person possessing a Nuclear Regulatory Commission license or permit authorizing
a nuclear reactor in the State of Mississippi for commercial production of
electrical energy utilizing special nuclear material sufficient to form a
critical mass, shall pay an annual fee of Twenty‑five Dollars ($25.00)
per megawatt (thermal) rating for each such reactor so licensed or permitted.
When more than one (1) reactor is on the same site, the fee or sum of each
additional reactor after the first shall be Five Dollars ($5.00) per megawatt
(thermal).
SCHEDULE
OF FEES FOR OUT‑OF‑STATE LICENSES,
REGISTRANTS
AND PERMITTEES
An
out‑of‑state person possessing:
(a)
A license from the United States Nuclear Regulatory Commission;
(b)
A license or registration from an Agreement State or Licensing State; or
(c)
A registration or permit from a state radiological health program; and who
enters the State of Mississippi to conduct the activities authorized in such
license, registration or permit shall pay an annual fee in accordance with the
above fee schedules.
SCHEDULE
OF FEES FOR TANNING EQUIPMENT
Fees
for the initial registration and annual renewal of each unit of tanning
equipment shall be Thirty‑five Dollars ($35.00).
SECTION 2. This act
shall take effect and be in force from and after July 1, 2015.