Bill Text

PDF |Add To My Favorites |Track Bill | print page

AB-911 Radioactive materials: licensing and registration: exemption.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 05/24/2017 09:00 PM
AB911:v97#DOCUMENT

Amended  IN  Senate  May 24, 2017
Amended  IN  Assembly  April 03, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 911


Introduced by Assembly Members Wood and Quirk
(Coauthors: Assembly Members Burke, Lackey, and Voepel)

February 16, 2017


An act to amend Section 115060 of add Section 115060.5 to the Health and Safety Code, relating to radioactive materials.


LEGISLATIVE COUNSEL'S DIGEST


AB 911, as amended, Wood. Radioactive materials: licensing and registration: exemption.
Existing law requires the State Department of Public Health to establish rules or regulations for general or specific licensing of persons to receive, possess, or transfer radioactive materials, or devices or equipment utilizing these materials. Existing law authorizes the department to require registration and inspection of sources of ionizing radiation, as specified. Existing law authorizes the department to exempt certain sources of ionization radiation or kinds of uses or users from the licensing requirements when the department makes a finding that the exemption of those kinds of users will not constitute a significant risk to the health and safety of the public. Under its existing regulatory authority, the department has adopted regulations establishing requirements, including a requirement that an individual acting as a radiation machine radiographer be a certified radiation machine radiographer, for conducting field radiography.
This bill would require the department to exempt bomb squads of specified public entities from the licensing requirement bomb technicians of a bomb squad of specified public entities who have completed the required training, are certified by the United States Federal Bureau of Investigation, and have submitted to the department a record of current certification. The bill would require the department to exempt from the registration and inspection requirements sources of ionizing radiation operated by the bomb squads of the specified public entities. regulatory requirements for conducting field radiography, under specified conditions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 115060.5 is added to the Health and Safety Code, to read:

115060.5.
 (a) Except as provided in subdivisions (b) and (c), the department shall exempt the bomb squad of a city, city and county, county, special district, or the University of California from the requirements of Section 30336.1 of Title 17 of the California Code of Regulations if all of the following requirements are met:
(1) All operators of ionizing sources of radiation are explosive ordnance disposal technicians certified as bomb technicians by the United States Federal Bureau of Investigation or a successor federal agency responsible for training and certifying bomb technicians. Nothing in this paragraph shall be construed to authorize the use, possession, or transfer of radioactive material.
(2) (A) A radiation safety officer, who is certified as a bomb technician by the United States Federal Bureau of Investigation or a successor federal agency responsible for training and certifying bomb technicians, is designated by the employing jurisdiction.
(B) Except as provided in subparagraph (C), the radiation safety officer is exempt from the requirements of Section 30336.7 of Title 17 of the California Code of Regulations.
(C) The radiation safety officer shall comply with subdivision (b) of Section 30336.7 of Title 17 of the California Code of Regulations.
(3) The bomb squad has written operating procedures that apply to the kinds of radiation machines used by the bomb squad and are followed by applicable personnel.
(4) Radiation machines maintained and operated by the bomb squad meet the requirements specified in the American National Standard N537-1976 “Radiological Safety Standards for the Design of Radiographic and Fluoroscopic Industrial X-Ray Equipment” published as NBS Handbook 123, issued August 1977, or subsequent standards that the department determines to be applicable.
(5) The jurisdiction provides annual refresher training to all operators at intervals not to exceed 12 months. The training shall address or provide, at a minimum, the results of department’s inspections, information on new procedures or equipment, accidents or errors that have been observed and steps to prevent recurrence, and an opportunity for individuals to ask radiation safety related questions.
(b) The radiation surveys and radiation survey instruments referenced in subdivisions (f), (g), and (i) of Section 30336.1 of Title 17 of the California Code of Regulations shall not be required when the United States Federal Bureau of Investigation standard operating procedure of clearing an evacuation distance of at least 300 feet in all directions from the X-ray source is used.
(c) Boundaries need not be posted or protected as high radiation areas as required in subdivisions (h), (j), and (l) of Section 30336.1 of Title 17 of the California Code of Regulations when other law enforcement officers are maintaining the United States Federal Bureau of Investigation standard evacuation boundary.
(d) The department shall evaluate compliance with this section during its inspection of the bomb squad.
(e) The department may revoke or rescind the exemption provided pursuant to this section if a jurisdiction fails to comply with this section.

SECTION 1.Section 115060 of the Health and Safety Code is amended to read:
115060.

(a)The department shall provide by rule or regulation for general or specific licensing of persons to receive, possess, or transfer radioactive materials, or devices or equipment utilizing these materials. That rule or regulation shall provide for amendment, suspension, or revocation of licenses.

(b)The department may require registration and inspection of sources of ionizing radiation other than those that require a specific license, and compliance with specific safety standards to be adopted by the department.

(c)(1)The department may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this section when the department makes a finding that the exemption of these sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public.

(2)(A)The department shall exempt from the licensing requirement of this section members of a bomb squad of a city, city and county, county, special district, or the University of California who have done both of the following:

(i)Completed the required training and are certified as bomb technicians by the United States Federal Bureau of Investigation or a successor federal agency responsible for training and certifying bomb technicians.

(ii)Submitted to the department a record of current certification with the United States Federal Bureau of Investigation.

(B)The department shall exempt from the registration and inspection requirements of this section sources of ionizing radiation operated by a bomb squad of a city, city and county, county, special district, or the University of California.

(d) Regulations adopted pursuant to this chapter may provide for recognition of other state or federal licenses as the department may deem desirable, subject to registration requirements as the department may prescribe.

(e) The department shall adopt registration and certification regulations for mammography equipment. These regulations shall include, but not be limited to, all of the following requirements:

(1) An X-ray machine used for mammography shall be specifically designed for mammography and inspected by the department, or deemed satisfactory by the department based upon evidence of certification by the American College of Radiology mammography accreditation program, or an accreditation program that the department deems equivalent before it is certified.

(2) That all persons who have a certificate for mammography equipment follow a quality assurance program to be adopted by the department to ensure the protection of the public health and safety.

(3) That quality assurance tests, as determined by the department, are performed on all mammography equipment located in a mobile van or unit after each relocation of the mobile van or unit to a different location for the purpose of providing mammography. This equipment shall be recalibrated if images are not of diagnostic quality as determined by the department. A written record of the location of mobile vans or units with dates and times shall be maintained and available for inspection by the department.

(4) On or after July 15, 1993, all mammography equipment shall be registered with and certified by the department. If this mammography equipment is certified by a private accreditation organization, the department shall take into consideration evidence of this private certification when deciding to issue a mammogram certification.

(5) All licenses, permits, and certificates issued by the department pursuant to this chapter and the Radiologic Technology Act (Section 27) relating to the use of mammography equipment shall be publicly posted pursuant to this section and regulations adopted by the department.

(f) To further ensure the quality of mammograms, the department shall require all mammogram facilities, other than mobile units or vans, to operate quickly and efficiently so as to ensure that the facilities are able to develop mammograms of diagnostic quality prior to when the patient leaves the facility.