Senate Bill 2862

(As Sent to Governor)

AN ACT TO AMEND SECTION 45-14-31, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE BOARD OF HEALTH MAY COLLECT LICENSING AND ADMINISTRATION FEES FOR CERTAIN RADIOLOGICAL HEALTH SERVICES IN CONGRUENCE WITH FEDERAL REGULATION; TO AUTHORIZE THE STATE BOARD OF HEALTH OR THE STATE DEPARTMENT OF HEALTH TO INCREASE THE AMOUNT OF ANY FEE CHARGED BY THE BOARD OR THE DEPARTMENT FOR PROVIDING RADIATION HEALTH SERVICES, INCLUDING THE ISSUANCE AND RENEWAL OF LICENSES AND REGISTRATIONS, NOT MORE THAN TWO TIMES DURING THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2028, WITH THE PERCENTAGE OF EACH INCREASE BEING NOT MORE THAN TWENTY-FIVE PERCENT OF THE AMOUNT OF THE FEE IN EFFECT AT THE TIME OF THE INCREASE; 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. (1) 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.

(2) In order to supplement state radiological health budget allocations authorized to carry out and enforce the provisions of this chapter, the agency is authorized to charge and collect fees for the following radiological health services:

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(a) Materials Licensing Fees: application fee and annual fees shall be in congruence with and subject to 10 C.F.R. 170.21, 10 C.F.R. 170.31 and 10 C.F.R. 170.32; and

(b) Except as otherwise provided by law, the State Board of Health or the State Department of Health may increase the amount of any fee charged by the board or the department for providing radiation health services, including the issuance and renewal of licenses and registrations, not more than two (2) times during the period of July 1, 2024, through June 30, 2028, with the percentage of each increase being not more than twenty-five percent (25%) of the amount of the fee in effect at the time of the increase.

The radiological health services that are included in each specified category shall be determined by the agency by rules and regulations adopted by the agency.

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(3) The agency shall set the amount of the fees for all other radiological health services not specified in subsection (2) of this section, and any increase in the fees charged by the agency under this subsection shall be in accordance with the provisions of Section 41-3-65.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.