2006 Minnesota Statutes

144.1205 RADIOACTIVE MATERIAL; SPECIAL NUCLEAR MATERIAL.
    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.
History: 1Sp2001 c 9 art 1 s 29; 2002 c 379 art 1 s 113; 2004 c 236 s 1-4