Current Rulemaking
X-Ray Facility Fees
Affected and Interested Parties
X-ray facilities owners and employees and other interested parties.
Reason Why Rule Change Considered
The Department of Health (Department) completed an initial assessment of the radiation machine (X-ray) facilities program fiscal resources detailed in WAC 246-254-053 and determined the program is not generating sufficient revenue to cover the cost of the program over the fiscal planning period.
Program filed a CR101 Preproposal Statement of Inquiry for WAC 246-254-053. Rulemaking is needed to update fees for X-ray facility fees. This rulemaking will not alter or change any professional license fees that radiation professionals currently pay (e.g., radiation technician, radiation technologist). This fee rule only applies to facilities that have X-ray facilities.
Rule Development Timeline
A CR-101 was filed on January 27, 2023 as WSR#23-04-060. View the CR-101 for WAC 246-254-053 (PDF). The department intends to have rules become effective in December 2023.
How to Get Involved
The department will use a collaborative rule-making approach. We will keep stakeholders informed of the rule development through email correspondence and regular posting of information on department rule-making website.
For More Information
Peter Beaton, Rules Coordinator, 360-236-4031
Richard Montemarano, X-Ray Program, 360-236-3238
Christopher Smith, X-Ray Program, 253-395-6758
Radiation Standards for the Use of Whole-Body Scanners
What is the purpose of this rulemaking?
The purpose of this rulemaking is to establish radiation standards in response to Second Substitute Senate Bill (2SSB) 5695, Chapter 160, Laws of 2022, which requires Washington State Department of Corrections to establish a comprehensive body scanner program at the Washington corrections center for women and at a state correctional facility for men as part of an expanded pilot program to create drug-free facilities.
The whole-body scanner must be able to detect contraband under clothing and in body cavities. It also must meet federal and state radiation safety standards. The Department of Health is the state radiation control agency with sole responsibility for administration of regulatory, licensing, and radiation control laws.
In addition to developing a comprehensive body scanner program, Washington State Department of Corrections must develop a method to track and maintain records on the frequency of body scans on any individual to comply with any maximum allowable monthly and annual radiation dosage limits set by the Department of Health. This rulemaking will set dosage limits and establish safeguards for individuals scanned by whole-body scanners to protect the public’s health and safety from overexposure of radiation. The Department of Health will consider adopting these standards so they apply to all entities operating whole-body scanners in the state.
What chapters may be amended?
The Department of Health will consider amending existing rules and may adopt a new chapter to establish radiation safety standards for using body scanners that meet applicable federal and state radiation and safety standards. Amendments could be made to the following chapters:
- Chapter 246-220 WAC, Radiation protection - General Provisions
- Chapter 246-221 WAC, Radiation protection standards
- Chapter 246-222 WAC, Radiation protection - Worker rights
- Chapter 246-224 WAC, Radiation protection - Radiation machine assembly and registration
- Chapter 246-225 WAC, Radiation protection - X-rays in the healing arts, and
- Chapter 246-227 WAC, Radiation protection - Industrial X-ray.
What’s been done so far?
We filed a notice, CR-101 (PDF) with the Washington State Register to initiate rulemaking on August 23, 2022.
We are assembling a rules advisory committee (RAC) to develop draft rules to establish radiation safety standards. The first RAC meeting will be held on November 1, 2022, from 2-3:30 p.m. To participate, contact Ashlie Laydon October 25, 2022.
How do I stay informed?
Check back here for up-to-date information. Submit written comments to radruleupdates@doh.wa.gov.
Questions?
Contact Ashlie Laydon or Richard Montemarano.
Information about rulemaking activities at the Washington State Department of Corrections is on their website.
Recently Adopted Rule
WAC 246-247-035 National Standards Adopted by Reference for Sources of Radionuclide Emissions
On November 28, 2022, the Department of Health (department) adopted final rule revisions to chapter WAC 246-247-035, National standards adopted by reference for sources of radionuclide emissions. This rule making updates the federal regulations publication date from 2021 to the most recently adopted 2022 version previously adopted by reference. This amendment makes no changes to any requirements previously adopted but is required for the Department of Health to receive delegation of the Radionuclide Air Emissions Program from the U.S. Environmental Protection Agency. The department did not receive any comments on the rulemaking amendments by the close of business on the night of the comment deadline.
Review Washington State Register #23-04-063 for a copy of the CR-103P: Rule-Making Order Form (PDF) and the revised Washington Administrative Code language.
This rulemaking update will become effective on February 27, 2023.
For further questions, please contact John Martell, Manager of Air Emissions at 509-946-3798.
Nuclear Regulatory Commission – Regulation Action Tracking System (RATS) 2018.1 Update
On August 23, 2022, at 1:30PM, the Department of Health (department) held a virtual public hearing adopting amendments to the following three Washington Administrative Code (WAC) chapters:
- Chapter 246-232 WAC – Radioactive material - licensing applicability
- Chapter 246-235 WAC – Radioactive materials - specific licenses
- Chapter 246-240 WAC – Radiation protection - medical use of radioactive material
This rule making amends three chapters of rules to adopt federally required rule changes without material change related to licensing radioactive materials. This rule making adopted the Nuclear Regulatory Commission (NRC) rule changes that are identified by the following Regulation Amendments Tracking System (RATS) and corresponding federal registers (FR) – where applicable:
- RATS 2018.1, 83 FR 33046-published 04/24/2002, chapters 246-232, 235, and 240 WAC:
- Amends the reporting and notification requirements for a medical event for permanent implant brachytherapy;
- Amends the training and experience requirement to obtain a written attestation for an individual who is certified by a specialty board whose certification process has been recognized by the NRC or an Agreement State as well as exempt certain board-certified individuals from certain training and experience requirements if certification was obtained by a specified date;
- Amends the requirements for measuring molybdenum contamination;
- Adds a new requirement for the reporting of failed technetium and rubidium generators; and
- Allows licensees to name associate radiation safety officers on a medical license.
During the review of RATS ID# 2018.1, the department determined that during previous rulemakings, some drafting errors were made, and identified some rule language clarifications were needed as follows:
- RATS ID# 2002.2, 67 FR 20348, WAC 246-240-075(2)(a):
- Corrected an error made when adopting the language, regarding the completed number of hours of structured education and program experience required by a pharmacist to become a nuclear pharmacist from 200 hours to 700 hours.
- RATS ID# 2005.2, 70 FR 16336, WAC 246-240-075(2)(a)(i):
- Removed: "Didactic training in the following areas:"
- Replaced with: "Two hundred hours of classroom and laboratory training in the following areas:"
- Minor language clarifications were made to mirror equivalent 10 CFR language to the following:
- RATS ID# 2005.2, 70 FR 16336, WAC 246-240-154(1)(a), 246-240-163 (1)(a), and 246-240-210(1)(b)
- RATS ID# 2007.3, 72 FR 55864, WAC 246-235-010(9)
- No RATS ID # (Pre 1991), 30 FR 8185, WAC 246-232-050(3) & (5), 246-235-010(4), and 246-235-020(2)
- No RATS ID# (Pre 1991), 49 FR 9403, WAC 246-235-010(10)
- No RATS ID# (Pre 1991), 52 FR 49371, WAC 246-232-004
- No RATS ID# (Pre 1991), 53 FR 24044, WAC 246-235-010(8)
- No RATS ID# (Pre 1991), 54 FR 14061, WAC 246-232-050(6)
- RATS ID# 1998.1, 63 FR 1890, WAC 246-232-005
- RATS ID# 2005.1, 70 FR 2001, WAC 246-232-050(14)
- RATS ID# 2007.3, 72 FR 55864, WAC 246-232-050(7), 246-232-050(15) and 246-240-022(6)
- RATS ID# 2011.1, 76 FR 35512, WAC 246-232-050(2)(b)(i) and (ii)
The CR-103P Rule-Making Order (PDF) was filed on September 20, 2022 and will be effective on October 21, 2022.
For more information, contact:
Raj Maharjan, 360-522-0613
Nina Helpling, 360-236-3065