SB45,1131,1211 2. A physician who diagnoses the birth defect or provides treatment to the
12infant or child for the birth defect.
SB45,1131,1413 3. A clinical laboratory that identifies a birth defect in the infant or child as the
14result of laboratory analysis.
SB45,1131,1815 (b) No person specified under par. (a) 1. to 3. need report under par. (a) if that
16person knows that another person specified under par. (a) 1. to 3. has already
17reported to the department the required information with respect to the same birth
18defect of the same infant or child.
SB45,1131,2319 (c) Upon request of the department, a physician, hospital or pediatric specialty
20clinic shall provide to the department information contained in the medical records
21of patients who have a confirmed or suspected birth defect diagnosis. The physician,
22hospital or pediatric specialty clinic shall provide that information within 10
23working days after the department requests it.
SB45,1131,25 24(3) Department duties and powers. (a) The department shall do all of the
25following:
SB45,1132,4
11. Establish and maintain an up-to-date registry that documents the
2diagnosis in this state of any infant or child who has a birth defect, regardless of the
3residence of the infant or child. The department shall include in the registry
4information that will facilitate all of the following:
SB45,1132,55 a. Identification of risk factors for birth defects.
SB45,1132,76 b. Investigation of the incidence, prevalence and trends of birth defects using
7epidemiological surveys.
SB45,1132,98 c. Development of preventive strategies to decrease the occurrence of birth
9defects.
SB45,1132,1110 2. Specify by rule the birth defects the existence of which requires a report
11under sub. (2) to be submitted to the department.
SB45,1132,1312 3. Specify by rule the content, format and procedures for submitting a report
13under sub. (2).
SB45,1132,1614 (b) The department may monitor the data contained in the reports submitted
15under sub. (2) to ensure the quality of that data and to make improvements in
16reporting methods.
SB45,1132,22 17(4) Council on birth defect prevention and surveillance. The council on
18birth defect prevention and surveillance, created under s. 15.197 (12), shall make
19recommendations to the department regarding the establishment of a registry that
20documents the diagnosis and treatment in the state of an infant or child who has a
21birth defect, as required under sub. (3) (a) 1. and regarding the rules that the
22department is required to promulgate under sub. (3) (a) 2. and 3.
SB45,1133,2 23(5) Confidentiality. (a) Any information contained in a report made to the
24department under sub. (2) that may specifically identify the subject of the report is

1confidential. The department may not release that confidential information except
2to the following, under the following conditions:
SB45,1133,43 1. The parent or guardian of an infant or child for whom a report is made under
4sub. (2).
SB45,1133,115 2. A local health officer, upon receipt of a written request and informed written
6consent from the parent or guardian of the infant or child. The local health officer
7may disclose information received under this subdivision only to the extent
8necessary to render and coordinate follow-up care for the infant or child or to conduct
9a health, demographic or epidemiological investigation. The local health officer shall
10destroy all information received under this subdivision within one year after
11receiving it.
SB45,1133,1412 3. A physician, hospital or pediatric specialty clinic reporting under sub. (2),
13for the purpose of verification of information reported by the physician, hospital or
14pediatric specialty clinic.
SB45,1133,2415 4. A representative of a federal or state agency upon written request and to the
16extent that the information is necessary to perform a legally authorized function of
17that agency, including investigation of causes, mortality, methods of prevention,
18treatment or care of birth defects, associated diseases or disabilities. The
19information may not include the name or address of an infant or child with a
20condition reported under sub. (2). The department shall notify the parent or
21guardian of an infant or child about whom information is released under this
22subdivision, of the release. The representative of the federal or state agency may
23disclose information received under this paragraph only as necessary to perform the
24legally authorized function of that agency for which the information was requested.
SB45,1134,2
1(b) The department may also release confidential information to a person
2proposing to conduct research if all of the following conditions are met:
SB45,1134,73 1. The person proposing to conduct the research applies in writing to the
4department for approval to perform the research and the department approves the
5application. The application for approval shall include a written protocol for the
6proposed research, the person's professional qualifications to perform the proposed
7research and any other information requested by the department.
SB45,1134,98 2. The research is for the purpose of studying birth defects surveillance and
9prevention.
SB45,1134,2010 3. If the research will involve direct contact with a subject of a report made
11under sub. (2) or with any member of the subject's family, the department determines
12that the contact is necessary for meeting the research objectives and that the
13research is in response to a public health need or is for the purpose of or in connection
14with birth defects surveillance or investigations sponsored and conducted by public
15health officials. The department must also determine that the research has been
16approved by a certified institutional review board or a committee for the protection
17of human subjects in accordance with the regulations for research involving human
18subjects required by the federal department of health and human services for
19projects supported by that agency. Contact may only be made in a manner and
20method approved by the department.
SB45,1134,2221 4. The person agrees in writing that the information provided will be used only
22for the research approved by the department.
SB45,1134,2423 5. The person agrees in writing that the information provided will not be
24released to any person except other persons involved in the research.
SB45,1135,3
16. The person agrees in writing that the final product of the research will not
2reveal information that may specifically identify the subject of a report made under
3sub. (2).
SB45,1135,54 7. The person agrees in writing to any other conditions imposed by the
5department.
SB45, s. 2441 6Section 2441. 254.31 (1) (b) of the statutes is created to read:
SB45,1135,97 254.31 (1) (b) The tailings or waste produced by the extraction or concentration
8of uranium or thorium from any ore processed primarily for its source material
9content.
SB45, s. 2442 10Section 2442. 254.31 (2) of the statutes is created to read:
SB45,1135,1411 254.31 (2) "Decommissioning" means conducting final operational activities at
12a nuclear facility to dismantle site structures, to decontaminate site surfaces and
13remaining structures, to stabilize and contain residual radioactive material and to
14carry out any other activities necessary to prepare the site for postoperational care.
SB45, s. 2443 15Section 2443. 254.31 (2m) of the statutes is created to read:
SB45,1135,1916 254.31 (2m) "General license" means a license, under requirements prescribed
17by the department by rule, to possess, use, transfer or acquire by-product material
18or devices or equipment utilizing by-product material without the filing of a license
19application by a person or issuance of licensing confirmation by the department.
SB45, s. 2444 20Section 2444. 254.31 (3) of the statutes is renumbered 254.31 (1) (intro.) and
21amended to read:
SB45,1135,2322 254.31 (1) (intro.) "By-product material" means any radioactive of the
23following:
SB45,1136,3
1(a) Radioactive material ( ,except special nuclear material), yielded in or made
2radioactive by exposure to the radiation incident to the process of producing or
3utilizing special nuclear material.
SB45, s. 2445 4Section 2445. 254.31 (3g) of the statutes is repealed and recreated to read:
SB45,1136,65 254.31 (3g) "Ionizing radiation" means all radiations capable of producing ions
6directly or indirectly in their passage through matter, including all of the following:
SB45,1136,77 (a) Electromagnetic radiations, including X-rays and gamma rays.
SB45,1136,98 (b) Particulate radiations, including electrons, beta particles, protons,
9neutrons, alpha particles and other nuclear particles.
SB45, s. 2446 10Section 2446. 254.31 (5) of the statutes is created to read:
SB45,1136,1511 254.31 (5) "Radiation generating equipment" means a system, manufactured
12product or device or component part of such a product or device that, during
13operation, is capable of generating or emitting ionizing radiation without the use of
14radioactive material. "Radiation generating equipment" does not include a device
15that emits nonionizing radiation.
SB45, s. 2447 16Section 2447. 254.31 (6) of the statutes is amended to read:
SB45,1136,1917 254.31 (6) "Radiation installation" is any location or facility where radiation
18machines are generating equipment is used or where radioactive material is
19produced, transported, stored, disposed of or used for any purpose.
SB45, s. 2448 20Section 2448. 254.31 (7) of the statutes is repealed.
SB45, s. 2449 21Section 2449. 254.31 (8) of the statutes is renumbered 254.31 (9m) and
22amended to read:
SB45,1137,223 254.31 (9m) "Radioactive material" includes any solid, liquid or gaseous
24substance which emits ionizing radiation spontaneously, including

1accelerator-produced material, by-product material, naturally occurring material,
2source material and special nuclear material
.
SB45, s. 2450 3Section 2450. 254.31 (9) of the statutes is amended to read:
SB45,1137,54 254.31 (9) "Radiation source" means a radiation machine generating
5equipment
or radioactive material as defined herein.
SB45, s. 2451 6Section 2451. 254.31 (11g) of the statutes is created to read:
SB45,1137,97 254.31 (11g) "Specific license" means a license, under requirements prescribed
8by the department by rule, to possess, use, manufacture, produce, transfer or acquire
9radioactive material or devices or equipment utilizing radioactive material.
SB45, s. 2452 10Section 2452. 254.31 (11m) of the statutes is created to read:
SB45,1137,1211 254.31 (11m) "Transuranic" means a radioactive material having an atomic
12number that is greater than 92.
SB45, s. 2453 13Section 2453. 254.31 (12) of the statutes is amended to read:
SB45,1137,1614 254.31 (12) "X-ray tube" means any electron tube which that is contained in
15a device and that
is specifically designed for the conversion of electrical energy into
16X-ray energy.
SB45, s. 2454 17Section 2454. 254.33 of the statutes is amended to read:
SB45,1138,4 18254.33 Public policy. Since radiations and their sources can be instrumental
19in the improvement of the health and welfare of the public if properly utilized, and
20may be destructive or detrimental to life or health if carelessly or excessively
21employed or may detrimentally affect the environment of the state if improperly
22utilized, it is hereby declared to be the public policy of this state to encourage the
23constructive uses of radiation and to prohibit and prevent exposure to radiation in
24amounts which are or may be detrimental to health. It is further the policy for the
25department
to advise, consult and cooperate with the department of commerce and

1other agencies of the state, the federal government, other states and interstate
2agencies and with affected groups, political subdivisions and industries; and, in
3general, to conform as nearly as possible to nationally accepted standards in the
4promulgation and enforcement of rules.
SB45, s. 2455 5Section 2455. 254.335 of the statutes is created to read:
SB45,1138,11 6254.335 Agreements with the U.S. nuclear regulatory commission
7transition. (1)
The governor may, on behalf of the state, enter into agreements with
8the U.S. nuclear regulatory commission, as provided in 42 USC 2021 (b), to
9discontinue certain federal licensing and related regulatory authority with respect
10to by-product material, source material and special nuclear material and to assume
11state regulatory authority.
SB45,1138,19 12(2) Any person who, on the effective date of an agreement specified under sub.
13(1), possesses a license issued by the U.S. nuclear regulatory commission that is
14subject to the agreement is considered to possess a specific license issued under s.
15254.365 (1) (a) or to fulfill requirements specified for a general license under s.
16254.365 (1) (b). The specific license expires 90 days after the date of receipt by the
17person from the department of a notice of expiration of the license or on the date of
18expiration that was specified in the license issued by the U.S. nuclear regulatory
19commission, whichever is earlier.
SB45, s. 2456 20Section 2456. 254.34 (1) (intro.) of the statutes is amended to read:
SB45,1138,2221 254.34 (1) (intro.) The department and the department of commerce is the state
22radiation control agency and
shall do all of the following:
SB45, s. 2457 23Section 2457. 254.34 (1) (a) of the statutes is amended to read:
SB45,1139,724 254.34 (1) (a) Formulate, adopt and enforce, amend and repeal Promulgate and
25enforce
rules, including registration and licensing of sources of ionizing radiation, as

1may be necessary to prohibit and prevent unnecessary radiation . Such exposure.
2The
rules may incorporate by reference the recommended standards of nationally
3recognized bodies in the field of radiation protection and other fields of atomic energy,
4under the procedure established by s. 227.21 (2). The rules for by-product material,
5source material and special nuclear material may be no less stringent than the
6requirements under 42 USC 2011 to 2114 and regulations adopted under 42 USC
72011
to 2114.
SB45, s. 2458 8Section 2458. 254.34 (1) (c) of the statutes is renumbered 254.34 (1) (c) (intro.)
9and amended to read:
SB45,1139,1510 254.34 (1) (c) (intro.) Develop comprehensive policies and programs for the
11evaluation and, determination and reduction of hazards associated with the use of
12radiation, and for their amelioration. that are compatible with requirements of the
13U.S. nuclear regulatory commission for the regulation of by-product material,
14source material and special nuclear material. The department shall maintain all of
15the following records:
SB45, s. 2459 16Section 2459. 254.34 (1) (c) 1. of the statutes is created to read:
SB45,1139,1817 254.34 (1) (c) 1. Files of all license applications, issuances, denials, transfers,
18renewals, modifications, suspensions and revocations under s. 254.365.
SB45, s. 2460 19Section 2460. 254.34 (1) (c) 2. of the statutes is created to read:
SB45,1139,2120 254.34 (1) (c) 2. Files of all registrants under s. 254.35 and any related
21administrative or judicial action.
SB45, s. 2461 22Section 2461. 254.34 (2) (intro.) of the statutes is amended to read:
SB45,1139,2423 254.34 (2) (intro.) The department, serving as the lead agency, and the
24department of commerce
may:
SB45, s. 2462 25Section 2462. 254.34 (4) of the statutes is renumbered 254.34 (1) (h) 5.
SB45, s. 2463
1Section 2463. 254.345 of the statutes is created to read:
SB45,1140,7 2254.345 Assessment of Fee. (1) The department may annually assess a fee
3of 36% of the U.S. nuclear regulatory commission license application fee and
4materials license annual fee, for any licensee of the U.S. nuclear regulatory
5commission in this state. The fee amounts shall be used by the department for the
6department's activities under this subchapter. The department may revise the fee
7amounts by rule.
SB45,1140,8 8(2) This section does not apply after December 31, 2002.
SB45, s. 2464 9Section 2464. 254.35 (1) of the statutes is amended to read:
SB45,1141,610 254.35 (1) Application. Every For every site in this state having that has an
11ionizing radiation installation, that is not exempted by this section or the rules of the
12department shall be registered by the department by January 1, 1964, by, the person
13in control of an the installation, including installations in sites that are administered
14by a state agency or in an institution under the jurisdiction of a state agency, and no
15such shall, prior to operation, register the ionizing radiation installation with the
16department. No
ionizing radiation installation may be operated thereafter unless
17the site has been duly registered by January 1 of each year and a notice of the
18registration is possessed by the person in control. Every site having an ionizing
19radiation installation established in this state after July 20, 1985, shall be registered
20prior to its operation.
The application for registration shall be made on forms
21provided by the department which shall be devised to obtain any information that
22is considered necessary for evaluation of hazards. Multiple radiation sources at a
23single radiation installation and under the control of one person shall be listed on a
24single registration form. Registration fees shall be levied in accordance with sub. (3).
25Registration alone shall does not imply approval of manufacture, storage, use,

1handling, operation or disposal of the radiation installation or radioactive materials,
2but shall serve serves merely to inform the department of the location and character
3of radiation sources. The department shall furnish the department of commerce with
4a copy of each amended and new registration.
Persons engaged in manufacturing,
5demonstration, sale, testing or repair of radiation sources shall not be are not
6required to list such sources on the registration form.
SB45, s. 2465 7Section 2465. 254.35 (2) of the statutes is amended to read:
SB45,1141,198 254.35 (2) Amended registration. If the person in control increases the
9number of sources, source strength, rated output or energy of radiation produced in
10any installation, he or she shall notify the department of the increase prior to
11operation on the revised basis. The department shall record the change in the
12registration. No registration is transferable from one premises to another or from
13one person to another.
If the person in control transfers intends to transfer control
14of ownership of the radiation installation to another person the registration also
15transfers to the other person, who
, at least 15 days before the final transfer the
16registrant
shall notify the department of the transfer within 15 days. The
17department shall record the change in the
and the intended transferee shall file
18under sub. (1) an application for
registration. If any installation is discontinued, the
19person in control shall notify the department within 30 days of the discontinuance.
SB45, s. 2466 20Section 2466. 254.35 (3) (title) of the statutes is amended to read:
SB45,1141,2121 254.35 (3) (title) Fees Registration fees.
SB45, s. 2467 22Section 2467. 254.35 (3) (a) of the statutes is amended to read:
SB45,1142,323 254.35 (3) (a) An annual registration fee under pars. (b) to (f) (fm) shall be
24levied for each site registration under this section. An additional penalty fee of $10
25$25, regardless of the number of X-ray tubes or generally licensed devices, shall be

1required for each registration whenever the annual fee for renewal is not paid prior
2to expiration of the registration. No additional fee may be required for recording
3changes in the registration information.
SB45, s. 2468 4Section 2468. 254.35 (3) (b) of the statutes is amended to read:
SB45,1142,85 254.35 (3) (b) For a medical site having an ionizing radiation installation
6serving physicians and clinics, osteopaths and clinics, and chiropractors or hospitals
7that possesses radioactive materials in any quantity, the fee shall be at least $25 $36
8for each site and at least $30 $44 for each X-ray tube.
SB45, s. 2469 9Section 2469. 254.35 (3) (c) of the statutes is amended to read:
SB45,1142,1210 254.35 (3) (c) For a chiropractic, podiatric or veterinary site having an ionizing
11radiation installation, the fee shall be at least $25 $36 for each site and at least $30
12$44 for each X-ray tube.
SB45, s. 2470 13Section 2470. 254.35 (3) (d) of the statutes is amended to read:
SB45,1142,1514 254.35 (3) (d) For a dental site having an ionizing radiation installation, the
15fee shall be at least $25 $36 for each site and at least $20 $30 for each X-ray tube.
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