Chapter 856
AN ACT
HB 2193
Relating to devices regulated by Department
of Human Services; amending ORS 431.940, 453.757 and 453.761.
Be It Enacted by the People of
the State of
SECTION 1. ORS 431.940 is amended to read:
431.940. (1) The
Department of Human Services shall adopt by rule standards and a system of
registration for tanning devices. Any entity doing business
in this state as a tanning facility shall register the tanning devices with the
department in a manner prescribed by rule.
(2) The registration
shall include payment of an annual registration fee [of], not to exceed $100 per tanning device[, $76], prescribed by rule in an amount
sufficient to cover the costs of administering the regulatory program.
(3) The department may
conduct inspections of tanning facilities to [insure] ensure compliance with ORS 431.925 to 431.955.
SECTION 2. ORS 453.757 is amended to read:
453.757. (1) The
Department of Human Services shall charge a biennial registration fee for a
registration granted pursuant to ORS 453.752 in the following amounts for:
(a) Hospital,
radiological, chiropractic, osteopathic or medical X-ray machine, [$173] $228.
(b) Hospital X-ray
machine when X-ray machine inspection is performed by an accredited radiology
inspector, [$88] $116.
(c) Industrial or
podiatry X-ray machine, [$115]
$152.
(d) Dental, academic or
veterinary X-ray machine, [$87]
$112.
(e) Microwave oven
repair facility, [$87] $112.
(2) The Department of
Human Services shall charge an annual license fee for a specific license
granted pursuant to ORS 453.665 [which
shall] that may not exceed $3,000 as determined by rule of the
Department of Human Services and approved by the Oregon Department of
Administrative Services.
(3) The fees prescribed
by the Department of Human Services pursuant to subsections (1)(e) and (2) of this section are due and payable [on or before July 1 of each year] as
prescribed by rule of the department.
(4) The department shall
impose a [$200] $264 fee for
accreditation as a radiology inspector and a biennial renewal fee of [$200] $264.
(5) All moneys received
by the department under subsections (1)(e) and (2) of this section shall be
paid into the State Treasury, deposited in the General Fund to the credit of
the Public Health Account, and used exclusively by the department for the
purposes of ORS 453.605 to 453.800.
SECTION 3. ORS 453.761 is amended to read:
453.761. (1) An X-ray
machine registration for a hospital radiological provider shall be valid for [one year] two years, expiring in
the [following] second year on
the last day of the month of issuance.
(2) An X-ray machine
registration for a chiropractic, osteopathic or medical doctor office or clinic
shall be valid for two years, expiring in the second year on the last day of
the month of issuance.
(3) An X-ray machine
registration for a podiatry, dental or veterinary office or clinic or an
academic or industrial facility shall be valid for [three] two years, expiring in the [third] second year on the last day of the month of issuance.
(4) Notwithstanding
subsection (1), (2) or (3) of this section, the Department of Human Services
shall, at the request of the X-ray machine owner, adjust the registration
expiration date of any X-ray machine to coincide with the registration
expiration date of other X-ray machines registered to the machine owner. The
department shall prorate the registration fee accordingly.
(5) If an X-ray machine
or the physical surroundings or equipment associated with the operation of the
X-ray machine does not comply with one or more standards adopted by rule of the
department, the department may deny the registration or may grant a provisional
registration permitting temporary operation pending compliance with department
standards.
(6) The department may
require that X-ray machines having a valid registration be repaired, calibrated
or modified or the physical surroundings or equipment used in conjunction with
the operation of the registered X-ray machine be changed to comply with new standards
adopted by rule of the department provided that compliance prior to expiration
of the registration is determined by the department to be necessary to protect
occupational and public health and safety.
(7) The department may deny, condition, suspend or revoke an X-ray machine
registration if the department reasonably believes that the X-ray machine or
the physical surroundings or equipment used in conjunction with the operation
of the X-ray machine presents a danger to the health or safety of the operator
or the public.
(8) An X-ray machine
registration shall terminate if the X-ray machine is relocated for use in a
physical surrounding other than the physical surrounding [it] the X-ray machine occupied when inspected.
Approved by the Governor July 31, 2007
Filed in the office of Secretary of State July 31, 2007
Effective date January 1, 2008
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