74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2193
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
CHAPTER ................
AN ACT
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 Oregon:
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
Enrolled House Bill 2193 (HB 2193-INTRO) Page 1
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.
----------
Enrolled House Bill 2193 (HB 2193-INTRO) Page 2
Passed by House June 8, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 19, 2007
...........................................................
President of Senate
Enrolled House Bill 2193 (HB 2193-INTRO) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2193 (HB 2193-INTRO) Page 4