(1) (a) The
state board shall formulate, adopt, and promulgate rules as provided in subsection
(2) of this section that cover subject matter relative to radiation machines and
radioactive materials, including naturally occurring radioactive materials and other
sources of radiation. The subject matter of the rules must include: Licenses and
registration; records; permissible levels of exposure; notification and reports of
accidents; technical qualifications of personnel; technical qualifications of
mammographers; handling, transportation, and storage; waste disposal; posting
and labeling of hazardous sources and areas; surveys; monitoring; security of
materials; and financial assurance warranties.
(b) (I) Subject to the department providing its report and summary to the
senate committee on health and human services and the house of representatives
committee on health, insurance, and environment or their successor committees
pursuant to subsection (1)(b)(V) of this section, the state board shall, by December
31, 2020, adopt rules concerning the disposal of naturally occurring radioactive
materials.
(II) to (VII) Repealed.
(c) Notwithstanding any provision of section 25-11-103 (7)(h), it is not
necessary that a governmental entity own any site that is used for the
concentration, storage, or disposal of radioactive material if the owner of the site
complies with rules promulgated by the board in accordance with this section. The
rules must ensure the long-term protection of the public health and safety and may
include financial assurance warranties pursuant to this part 1, deed annotations and
restrictions, easement provisions, restrictive covenants, and adequate markers to
warn of the presence of radioactive materials.
(2) Rules promulgated under this section must be consistent with United
States nuclear regulatory commission requirements necessary to maintain
agreement state status and final regulations proposed by the Conference of
Radiation Control Program Directors, Inc., or its successor, under the title,
Suggested State Regulations for Control of Radiation; except that, if the state
board concludes on the basis of detailed findings that a substantial deviation from
any of the suggested state regulations is warranted and that a substitute rule or no
rule would effectively permit maximum utilization of sources of radiation consistent
with the health and safety of all persons who might otherwise become exposed to
the radiation, the state board need not maintain the suggested state regulation or
may promulgate a substitute rule as the case may be.
(2.5) (Deleted by amendment, L. 2010, (HB 10-1149), ch. 282, p. 1311, � 4,
effective May 26, 2010.)
(3) The rules adopted pursuant to this part 1 shall never be construed to limit
the kind or amount of radiation that may be intentionally applied to a person for
diagnostic or therapeutic purposes by or under the direction of a duly licensed
practitioner of the healing arts.
(4) (Deleted by amendment, L. 2010, (HB 10-1149), ch. 282, p. 1311, � 4,
effective May 26, 2010.)
(5) In adopting, amending, or repealing rules under this section, the board
shall comply with article 4 of title 24, C.R.S.
(6) (a) The state board shall promulgate a fee schedule, in accordance with
section 24-4-103, C.R.S., for radiation control services provided by the department.
Radiation control services for which fees may be established include application
processing for qualified inspectors, qualified experts, and service companies as
defined by the state board, which fees shall be paid by the applicants or service
companies; issuance of categories of specific licenses to accord with categories
established by the nuclear regulatory commission and which shall include licenses
for special nuclear material, source material, byproduct material, well logging and
surveys and tracer studies, and for human use; and inspections of licensees as
authorized by section 25-11-103 (6). Licenses and fees shall, where appropriate, be
in accordance with policies and priorities of the nuclear regulatory commission.
(b) The state board shall set fees that provide sufficient revenues to
reimburse the state for the actual direct and indirect costs of the radiation control
services specified in paragraph (a) of this subsection (6). In so doing, the state board
shall take into account any special arrangements between the state and the
licensee, another state, or a federal agency whereby the cost of the service is
otherwise recovered.
(c) All fees collected pursuant to this subsection (6) shall be transmitted to
the state treasurer, who shall credit the same to the radiation control fund, which
fund is hereby created. Moneys credited to the radiation control fund, in amounts
determined annually by the general assembly by appropriation, shall be expended
for radiation control services as provided in this subsection (6).
(7) The state board shall promulgate rules as necessary to implement
section 25-11-107 (5).
(8) (a) The state board shall adopt rules requiring that all machine sources of
radiation be inspected and certified by qualified inspectors as safe for the intended
uses consistent with 42 U.S.C. sec. 263b and in compliance with the specifications
of the state board and the equipment manufacturer. Rules shall include minimum
specifications for radiation machines, minimum standards for the qualifications of
individuals authorized to inspect and certify radiation machines, and procedures for
inspection of radiation machines. If a qualified inspector determines that a radiation
machine fails to meet the required specifications, the inspector shall notify the
owner or operator immediately and shall notify the department within three days
after the determination. A radiation machine that fails to meet the required
specifications and is determined by a qualified inspector to be unsafe for human
use shall not thereafter be used for human use until subsequent certification, and
the qualified inspector shall affix an official noncertification sticker issued by the
department indicating that the machine is not authorized for human use. A
certification or noncertification sticker shall be affixed on each radiation machine in
a location conspicuous to machine operators and to persons on whom the machine
is used.
(a.5) and (b) (Deleted by amendment, L. 2010, (HB 10-1149), ch. 282, p. 1311, �
4, effective May 26, 2010.)
(c) In establishing or revising specifications for each type of machine that is
a source of radiation, the standards for approval of qualified inspectors, and the
procedures for making inspections, the department shall consult with
manufacturers of radiation equipment, health-care providers and operators who use
the equipment in diagnostic and therapeutic treatment of humans, and qualified
inspectors and individuals.
(d) The general assembly hereby finds that the setting of minimum
specifications for radiation machines and the establishment of minimum standards
for qualified inspectors of those machines are matters of statewide concern.
Therefore, no other state agency, political subdivision, or local government shall
establish any other specifications for radiation machines or standards for radiation
machine inspectors, or impose any fees therefor.