WSR 17-23-155

PREPROPOSAL STATEMENT OF INQUIRY

[Filed November 21, 2017, 10:31 a.m.]

Subject of Possible Rule Making: Chapter 246-224 WAC, Radiation protection—Radiation machine assembly and registration and chapter 246-254 WAC, Radiation protection—Fees. The department of health (health) is considering revising the fee structure for the registration of all X-ray radiation machines, which includes a facility base fee and a fee per tube and clarifying the definition of an "X-ray facility."

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.250, 43.20B.020, 70.98.080, and 43.70.110.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department's X-ray program is fully funded by the fees the registrants pay. An X-ray inspector must inspect every registered facility. The department is considering changing the rule language to remove the exception allowing a "flat" facility fee and instead charge a fee per tube for every X-ray machine. This change would allow the department to adequately charge for its services and to cover the cost of administering the program. As part of this rule making, the department is considering clarifying the definition of an "X-ray facility" throughout chapters 246-224 and 246-254 WAC. Similarly, the department is also considering changing WAC 246-224-0040 to simplify and explain facility and machine registration. The department filed a preproposal statement of inquiry (CR-101), WSR 17-20-062, on October 2, 2017. The CR-101 identified several WAC sections for possible amendments. The department has since identified additional sections to include in this rule making. Therefore, the department is withdrawing the CR-101 and refiling to broaden the scope of this rule making.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department will coordinate with the department of revenue's business licensing service throughout the rule-making process because the potential changes could affect the business licensing service's registration and fee collection processes.

Process for Developing New Rule: The department will use the collaborative rule-making approach. The department will inform stakeholders and interested parties with email and web postings. Stakeholders and interested parties will have the opportunity to provide comments throughout the rule-making process, during the formal comment period, and at the public hearings.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication Michelle K. Austin, Rules Coordinator, P.O. Box 47820, Olympia, WA 98504-7820, phone 360-236-3250, TTY 360-833-6388 or 711, email michelle.austin@doh.wa.gov, web site www.doh.wa.gov; or Daniel Van Gent, Manager, X-ray Section, P.O. Box 47827, Olympia, WA 98504-7820, phone 360-236-3231, TTY 360-833-6388 or 711, email daniel.vangent@doh.wa.gov, web site https://www.doh.wa.gov/CommunityandEnvironment/Radiation/RuleMakingActivities.

November 20, 2017

John Wiesman, DrPH, MPH

Secretary