New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › Radiation Equipment › Section 16.41 - Fee schedule

Current through Register Vol. 46, No. 28, July 10, 2024
Effective upon adoption, the annual fees assessable shall
					 be as prescribed in this section.
(a)
				  Registration fees. Except for entities exempt from fees under section
				  16.40(b)(1) 
				  of this Part, the annual registration fee for radiation installations required
				  to be registered with the department pursuant to section
				  16.50(a) 
				  of this Part is $50.
(b) Fee
				  categories for radiation installations required to be registered with the
				  department. For the purpose of assessing annual fees, all radiation
				  installations required to be registered with the department pursuant to section
				  16.50(a) 
				  of this Part are categorized in one of the following six categories:
Category I: Radiation installations with any five or more
					 of the modalities listed below.
Category II: Radiation installations with three or four of
					 the modalities listed below.
Category III: Radiation installations with two of the
					 medical modalities listed below.
Category IV: Radiation installations with one of the
					 medical modalities listed below and annual patient workload of 750 examinations
					 or more.
Category V: Radiation installations with one of the medical
					 modalities listed below and annual patient workload of less than 750
					 examinations, and all other radiation installations with one or two of the
					 non-medical modalities listed below except as listed under category VI.
Category VI: Dental, podiatric, bone densitometry or
					 veterinary installations.
The modalities to be used in determining the fee category
					 for radiation installations required to be registered with the department
					 pursuant to section
					 16.50(a) 
					 of this Part are:
Medical Modalities: radiography, fluoroscopy, computed
					 tomography, angiography, stereotactic breast biopsy systems, and
					 Grenz/orthovoltage therapy, utilized in humans.
Non-medical Modalities: radiography, fluoroscopy,
					 analytical equipment (including electron microscopes, fluorescence analysis and
					 X-ray diffraction equipment), computed tomography and particle accelerators,
					 not utilized on humans.
(c)
				  Fee schedule for radiation installations routinely inspected by the department.
				  All radiation installations required to be registered with the department
				  pursuant to section
				  16.50(a) 
				  of this Part that are not exempt from fees under section
				  16.40(b)  of
				  this Part and that are routinely inspected by the department shall, in addition
				  to the registration fee prescribed in subdivision (a) of this section, be
				  assessed annual fees according to the following schedule:
Category I radiation installations: $1,370
Category II radiation installations: $1,030
Category III radiation installations: $ 690
Category IV radiation installations: $ 275
Category V radiation installations: $ 140
Category VI radiation installations: $ 75
(d) Fee schedule for radiation installations
				  routinely inspected by a county or part-county health officer or by a certified
				  radiation equipment safety officer. All radiation installations required to be
				  registered with the department pursuant to section
				  16.50(a) 
				  of this Part that are not exempt from fees under section
				  16.40(b)  of
				  this Part and that are routinely inspected by a county or part-county health
				  officer having jurisdiction, as the department shall direct, under a program
				  certified by the department, or by a certified radiation equipment safety
				  officer as directed by the department shall, in addition to the registration
				  fee prescribed in subdivision (a) of this section, be assessed an annual fee
				  according to the following schedule:
Category I radiation installations: $425
Category II radiation installations: $320
Category III radiation installations: $210
Category IV radiation installations: $ 85
Category V radiation installations: $ 45
Category VT radiation installations: $ 15
(e) Fee categories for radioactive material
				  licensees and radiation installations that use accelerators in medical therapy.
				  For the purpose of assessing annual fees, all persons holding radioactive
				  material licenses issued by the department and all radiation installations that
				  are required to be registered with the department, pursuant to section
				  16.50(a) 
				  of this Part and that use accelerators in medical therapy are categorized in
				  one or more of the following six categories:
Category I: Persons issued a broad scope medical
					 license.
Category II: Persons issued a broad scope academic or broad
					 scope research and development license.
Category III: Persons issued a specific license which
					 allows the use of radioactive materials for both nuclear medicine and
					 brachytherapy, or a license which authorizes the operation of a nuclear
					 pharmacy at an institution or a pharmaceutical production cyclotron.
Category IV: Radiation installations operating a medical
					 therapy accelerator and/or persons issued a specific license which authorizes
					 the use of radioactive materials in nuclear medicine, brachytherapy, mobile
					 nuclear medicine service, teletherapy (including Co-60 teletherapy and gamma
					 knife), research and development, academic uses, veterinary medicine or large
					 irradiators.
Category V: Persons issued a specific license which
					 authorizes the use of radioactive materials in a clinical laboratory, lead
					 paint analyzers, mobile nuclear medicine sites, leak tests, equipment
					 calibration, self-shielded irradiators, diagnostic sealed sources, and any
					 other use not included in categories I through VI as listed in this
					 subdivision.
Category VI: Persons issued a specific license for use of
					 radioactive materials in gas chromatographs.
(f) Radioactive materials/medical therapy
				  accelerator fee schedule.
(1) Except for
				  entities exempt from fees under section
				  16.40(b)  of
				  this Part, all persons that hold radioactive material licenses issued by the
				  department and all radiation installations that are required to be registered
				  with the department and that use accelerators in medical therapy shall be
				  assessed annual fees according to the following schedule:
Category I: $5,265
Category II: $3,510
Category III: $1,400
Category IV: $ 880
Category V: $ 350
Category VI: $ 50
(2) When more than one fee category as
				  described in subdivision (e) of this section applies the fee which corresponds
				  to the highest applicable category will be assessed, provided, however, that
				  separate category III fees will be assessed to any person that holds a license
				  to operate a nuclear pharmacy or a pharmaceutical production cyclotron for each
				  type of these uses that applies, in addition to any other categories of fees
				  that apply; and radiation installations or licensees that provide teletherapy
				  (Co-60, gamma knife or a medical therapy accelerator) services or veterinary
				  medicine services, or use radioactive materials in large irradiators or, except
				  for category I or II licensees, use radioactive materials in research and
				  development, will be assessed category IV fees for each type of these uses that
				  applies, in addition to any other categories of fees that apply. If a person
				  that holds a radioactive material license is also the operator of a radiation
				  installation that uses an accelerator in medical therapy and the licensed
				  activities are conducted at such installation, the licensed radiation
				  installation shall be considered as one and the same entity for purposes of
				  assessing fees described under subdivision (e) of this section.