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.
SB45, s. 2471
16Section
2471. 254.35 (3) (f) of the statutes is amended to read:
SB45,1142,1917
254.35
(3) (f) For an industrial, school, research project or other site having an
18ionizing radiation installation
and radioactive materials in any quantity, the fee
19shall be at least
$25 $36 for each site and at least
$30 $44 for each X-ray tube.
SB45, s. 2472
20Section
2472. 254.35 (3) (fm) of the statutes is created to read:
SB45,1142,2521
254.35
(3) (fm) For any site that has generally licensed devices that are not
22exempted by the department, the fee shall be at least $100 for each site and at least
23$50 for each device that contains at least 370 MBq or 10 mCi of cesium-137; 37 MBq
24or 1.0 mCi of cobalt-60; 3.7 MBq or 0.1 mCi of strontium-90; or 37 MBq or 1.0 mCi
25of a transuranic.
SB45, s. 2473
1Section
2473. 254.35 (3) (g) of the statutes is amended to read:
SB45,1143,52
254.35
(3) (g) The fees under this subsection shall be as stated unless the
3department promulgates rules to increase the annual registration fee
after January
41, 1986, for a site having an ionizing radiation installation
or, for an X-ray tube
or
5for generally licensed devices that are not exempted by the department.
SB45, s. 2474
6Section
2474. 254.35 (4) of the statutes is amended to read:
SB45,1143,167
254.35
(4) Exemptions. The department shall After initial registration under
8sub. (1), the department may exempt from
annual registration any source
licensed
9by the nuclear regulatory commission and may exempt from registration any source
10of radiation installation which of radiation that the department finds to be without
11undue radiation hazard
as determined by standards established by the national
12committee on radiation protection and measurements or any comparable nationally
13recognized agency established for the purpose of recommending standards for
14radiation protection, and after the initial registration may exempt from subsequent
15annual radiation requirements any source of radiation devoted primarily to
16industrial purposes.
SB45, s. 2475
17Section
2475. 254.36 of the statutes is renumbered 254.34 (1) (am) and
18amended to read:
SB45,1144,219
254.34
(1) (am)
Radiation protection. The department shall promulgate a
20radiation protection code. Other departments and agencies of state government and 21A rule identical to a rule specified under par. (a) may be promulgated by a state
22agency other than the department and an ordinance identical to a rule specified
23under par. (a) may be enacted by a local governmental
units may adopt the identical
24code unit, but no
other rule
, code or ordinance relating to this subject may be
25promulgated or enacted may be promulgated or ordinance may be enacted that
1differs from a rule under par. (a) and relates to the same subject area except as
2provided under ss. 166.03 (2) (b) 6., 293.15 (8) and 293.25.
SB45, s. 2476
3Section
2476. 254.365 of the statutes is created to read:
SB45,1144,8
4254.365 Licensing of radioactive material. (1) License required. No
5person may possess, use, manufacture, transport, store, transfer or dispose of
6radioactive material or a device or item of equipment that uses radioactive material
7or may operate a site that uses radioactive material that is not under the authority
8of the U.S. nuclear regulatory commission unless one of the following applies:
SB45,1144,99
(a) The person has a specific license issued by the department.