2005 Minnesota Statutes

     144.1205 Radioactive material; source and special 
  nuclear material; fees; inspection. 

    Subdivision 1.    Application and license renewal fee.  
 When a license is required for radioactive material or source or 
 special nuclear material by a rule adopted under section 
 144.1202, subdivision 2, an application fee according to 
 subdivision 4 must be paid upon initial application for a 
 license.  The licensee must renew the license 60 days before the 
 expiration date of the license by paying a license renewal fee 
 equal to the application fee under subdivision 4.  The 
 expiration date of a license is the date set by the United 
 States Nuclear Regulatory Commission before transfer of the 
 licensing program under section 144.1202 and thereafter as 
 specified by rule of the commissioner of health. 

    Subd. 2.    Annual fee.  A licensee must pay an annual 
 fee at least 60 days before the anniversary date of the issuance 
 of the license.  The annual fee is as follows: 

           TYPE                                       ANNUAL FEE
 Academic broad scope - type A                         $19,920
 Academic broad scope - type B                          19,920
 Academic broad scope - type C                          19,920
 Medical broad scope - type A                           19,920
 Medical institution - diagnostic and therapeutic        3,680
 Medical institution - diagnostic                             
   (no written directives)                               3,680
 Medical private practice - diagnostic and therapeutic   3,680
 Medical private practice - diagnostic
   (no written directives)                               3,680
 Eye applicators                                         3,680
 Nuclear medical vans                                    3,680
 High dose rate afterloader                              3,680
 Mobile high dose rate afterloader                       3,680
 Medical therapy - other emerging technology             3,680
 Teletherapy                                             8,960
 Gamma knife                                             8,960
 Veterinary medicine                                     2,000
 In vitro testing lab                                    2,000
 Nuclear pharmacy                                        8,800
 Radiopharmaceutical distribution (10 CFR 32.72)         3,840
 Radiopharmaceutical processing and                           
   distribution (10 CFR 32.72)                           8,800
 Medical sealed sources - distribution (10 CFR 32.74)    3,840
 Medical sealed sources - processing and                      
   distribution (10 CFR 32.74)                           8,800
 Well logging - sealed sources                           3,760
 Measuring systems - fixed gauge                         2,000
 Measuring systems - portable gauge                      2,000
 X-ray fluorescent analyzer                              1,520
 Measuring systems - gas chromatograph                   2,000
 Measuring systems - other                               2,000
 Broad scope manufacturing and distribution - type A    19,920
 Broad scope manufacturing and distribution - type B    17,600
 Broad scope manufacturing and distribution - type C    17,600
 Manufacturing and distribution - other                  5,280
 Nuclear laundry                                        18,640
 Decontamination services                                4,960
 Leak test services only                                 2,000
 Instrument calibration service only,                         
   less than 100 curies                                  2,000
 Instrument calibration service only,                         
   100 curies or more                                    2,000
 Service, maintenance, installation,                         
   source changes, etc.                                  4,960
 Waste disposal service, prepackaged only                6,000
 Waste disposal                                          8,320
 Distribution - general licensed                              
   devices (sealed sources)                              1,760
 Distribution - general licensed                              
   material (unsealed sources)                           1,120
 Industrial radiography - fixed location                 9,840
 Industrial radiography - temporary job sites            9,840
 Irradiators, self-shielding, less than 10,000 curies    2,880
 Irradiators, other, less than 10,000 curies             5,360
 Irradiators, self-shielding, 10,000 curies or more      2,880
 Research and development - type A broad scope           9,520
 Research and development - type B broad scope           9,520
 Research and development - type C broad scope           9,520
 Research and development - other                        4,480
 Storage - no operations                                 2,000
 Source material - shielding                               584
 Special nuclear material plutonium -                         
   neutron source in device                              3,680
 Pacemaker by-product and/or special nuclear                   
   material - medical (institution)                      3,680
 Pacemaker by-product and/or special nuclear                   
   material - manufacturing and distribution             5,280
 Accelerator-produced radioactive material               3,840
 Nonprofit educational institutions                        300
 General license registration                              150

    Subd. 3.    Fee categories; incorporation of federal 
 licensing categories.  (a) Fee categories under this section 
 are equivalent to the licensing categories used by the United 
 States Nuclear Regulatory Commission under Code of Federal 
 Regulations, title 10, parts 30 to 36, 39, 40, 70, 71, and 150, 
 except as provided in paragraph (b). 

    (b) The category of "Academic, small" is the type of 
 license required for the use of radioactive materials in a 
 teaching institution.  Radioactive materials are limited to ten 
 radionuclides not to exceed a total activity amount of one curie.

    Subd. 4.    Application fee.  A licensee must pay an 
 application fee as follows: 

           TYPE                                   APPLICATION FEE
 Academic broad scope - type A                         $ 5,920
 Academic broad scope - type B                           5,920
 Academic broad scope - type C                           5,920
 Medical broad scope - type A                            3,920
 Medical institution - diagnostic and therapeutic        1,520
 Medical institution - diagnostic                             
   (no written directives)                               1,520
 Medical private practice - diagnostic and therapeutic   1,520
 Medical private practice - diagnostic
   (no written directives)                               1,520
 Eye applicators                                         1,520
 Nuclear medical vans                                    1,520
 High dose rate afterloader                              1,520
 Mobile high dose rate afterloader                       1,520
 Medical therapy - other emerging technology             1,520
 Teletherapy                                             5,520
 Gamma knife                                             5,520
 Veterinary medicine                                       960
 In vitro testing lab                                      960
 Nuclear pharmacy                                        4,880
 Radiopharmaceutical distribution (10 CFR 32.72)         2,160
 Radiopharmaceutical processing and                           
   distribution (10 CFR 32.72)                           4,880
 Medical sealed sources - distribution (10 CFR 32.74)    2,160
 Medical sealed sources - processing and                      
   distribution (10 CFR 32.74)                           4,880
 Well logging - sealed sources                           1,600
 Measuring systems - fixed gauge                           960
 Measuring systems - portable gauge                        960
 X-ray fluorescent analyzer                                584
 Measuring systems - gas chromatograph                     960
 Measuring systems - other                                 960
 Broad scope manufacturing and distribution - type A     5,920
 Broad scope manufacturing and distribution - type B     5,920
 Broad scope manufacturing and distribution - type C     5,920
 Manufacturing and distribution - other                  2,320
 Nuclear laundry                                        10,080
 Decontamination services                                2,640
 Leak test services only                                   960
 Instrument calibration service only,                         
   less than 100 curies                                    960
 Instrument calibration service only,                         
   100 curies or more                                      960
 Service, maintenance, installation,                         
   source changes, etc.                                  2,640
 Waste disposal service, prepackaged only                2,240
 Waste disposal                                          1,520
 Distribution - general licensed                              
   devices (sealed sources)                                880
 Distribution - general licensed                              
   material (unsealed sources)                             520
 Industrial radiography - fixed location                 2,640
 Industrial radiography - temporary job sites            2,640
 Irradiators, self-shielding, less than 10,000 curies    1,440
 Irradiators, other, less than 10,000 curies             2,960
 Irradiators, self-shielding, 10,000 curies or more      1,440
 Research and development - type A broad scope           4,960
 Research and development - type B broad scope           4,960
 Research and development - type C broad scope           4,960
 Research and development - other                        2,400
 Storage - no operations                                   960
 Source material - shielding                               136
 Special nuclear material plutonium -                         
   neutron source in device                              1,200
 Pacemaker by-product and/or special nuclear                   
   material - medical (institution)                      1,200
 Pacemaker by-product and/or special nuclear                   
   material - manufacturing and distribution             2,320
 Accelerator-produced radioactive material               4,100
 Nonprofit educational institutions                        300
 General license registration                                0
 Industrial radiographer certification                     150

    Subd. 5.    Penalty for late payment.  An annual fee or 
 a license renewal fee submitted to the commissioner after the 
 due date specified by rule must be accompanied by an additional 
 amount equal to 25 percent of the fee due. 

    Subd. 6.    Inspections.  The commissioner of health 
 shall make periodic safety inspections of the radioactive 
 material and source and special nuclear material of a licensee.  
 The commissioner shall prescribe the frequency of safety 
 inspections by rule. 

    Subd. 7.    Recovery of reinspection cost.  If the 
 commissioner finds serious violations of public health standards 
 during an inspection under subdivision 6, the licensee must pay 
 all costs associated with subsequent reinspection of the 
 source.  The costs shall be the actual costs incurred by the 
 commissioner and include, but are not limited to, labor, 
 transportation, per diem, materials, legal fees, testing, and 
 monitoring costs. 

    Subd. 8.    Reciprocity fee.  A licensee submitting an 
 application for reciprocal recognition of a materials license 
 issued by another agreement state or the United States Nuclear 
 Regulatory Commission for a period of 180 days or less during a 
 calendar year must pay $1,200.  For a period of 181 days or 
 more, the licensee must obtain a license under subdivision 4. 

    Subd. 9.    Fees for license amendments.  A licensee 
 must pay a fee of $300 to amend a license as follows: 

    (1) to amend a license requiring review including, but not 
 limited to, addition of isotopes, procedure changes, new 
 authorized users, or a new radiation safety officer; and 

    (2) to amend a license requiring review and a site visit 
 including, but not limited to, facility move or addition of 
 processes. 

    HIST: 1Sp2001 c 9 art 1 s 29; 2002 c 379 art 1 s 113; 2004 c 
 236 s 1-4