Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 236-S.F.No. 2869
An act relating to health; modifying fees for
radioactive and nuclear material; approving state
agreement with the Nuclear Regulatory Commission;
providing a certain effective date; amending Minnesota
Statutes 2002, section 144.1205, subdivisions 2, 4, 8,
9; repealing Minnesota Statutes 2003 Supplement,
section 144.1202, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 144.1205,
subdivision 2, is amended to read:
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 an amount equal to 80 percent of
the application fee under subdivision 4, rounded to the nearest
whole dollar. 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 3,680
directives)
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
Sec. 2. Minnesota Statutes 2002, section 144.1205,
subdivision 4, is amended to read:
Subd. 4. [APPLICATION FEE.] A licensee must pay an
application fee as follows:
Radioactive material, Application U.S. Nuclear Regulatory
source and fee Commission licensing
special material category as reference
Type A broadscope $20,000 Medical institution type A
Type B broadscope $15,000 Research and development
type B
Type C broadscope $10,000 Academic type C
Medical use $4,000 Medical
Medical institution
Medical private practice
Mobile nuclear
medical laboratory $4,000 Mobile medical laboratory
Medical special use
sealed sources $6,000 Teletherapy
High dose rate remote
afterloaders
Stereotactic
radiosurgery devices
In vitro testing $2,300 In vitro testing
laboratories
Measuring gauge,
sealed sources $2,000 Fixed gauges
Portable gauges
Analytical instruments
Measuring systems - other
Gas chromatographs $1,200 Gas chromatographs
Manufacturing and
distribution $14,700 Manufacturing and
distribution - other
Distribution only $8,800 Distribution of
radioactive material
for commercial use only
Other services $1,500 Other services
Nuclear medicine
pharmacy $4,100 Nuclear pharmacy
Waste disposal $9,400 Waste disposal service
prepackage
Waste disposal service
processing/repackage
Waste storage only $7,000 To receive and store
radioactive material waste
Industrial
radiography $8,400 Industrial radiography
fixed location
Industrial radiography
portable/temporary sites
Irradiator -
self-shielded $4,100 Irradiators self-shielded
less than 10,000 curies
Irradiator -
less than 10,000 Ci $7,500 Irradiators less than
10,000 curies
Irradiator -
more than 10,000 Ci $11,500 Irradiators greater than
10,000 curies
Research and
development,
no distribution $4,100 Research and development
Radioactive material
possession only $1,000 Byproduct possession only
Source material $1,000 Source material shielding
Special nuclear
material, less than
200 grams $1,000 Special nuclear material
plutonium-neutron sources
less than 200 grams
Pacemaker
manufacturing $1,000 Pacemaker byproduct
and/or special nuclear
material - medical
institution
General license
distribution $2,100 General license
distribution
General license
distribution, exempt $1,500 General license
distribution -
certain exempt items
Academic, small $1,000 Possession limit of ten
radionuclides, not to
exceed a total of one curie
of activity
Veterinary $2,000 Veterinary use
Well logging $5,000 Well logging
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 1,520
directives)
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
Sec. 3. Minnesota Statutes 2002, section 144.1205,
subdivision 8, is amended to read:
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 one-half of the application fee specified
under subdivision 4 $1,200. For a period of 181 days or more,
the licensee must pay the entire application fee obtain a
license under subdivision 4.
Sec. 4. Minnesota Statutes 2002, section 144.1205,
subdivision 9, is amended to read:
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 no license review
including, but not limited to, facility name change or removal
of a previously authorized user, no fee;
(2) 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, $200; and
(3) (2) to amend a license requiring review and a site
visit including, but not limited to, facility move or addition
of processes, $400.
Sec. 5. [APPROVAL; AGREEMENT STATE APPLICATION AND RULES.]
The application for the agreement under Minnesota Statutes,
section 144.1202, subdivision 1, between the state of Minnesota
and the United States Nuclear Regulatory Commission is approved
as required under Minnesota Statutes, section 144.1202,
subdivision 4, paragraph (b), and the agreement may be
implemented.
Sec. 6. [HOSPITAL CONSTRUCTION MORATORIUM EXEMPTION;
EFFECTIVE DATE.]
Laws 2004, chapter 187, is effective July 1, 2004.
Sec. 7. [REPEALER.]
Minnesota Statutes 2003 Supplement, section 144.1202,
subdivision 4, is repealed.
Sec. 8. [EFFECTIVE DATE.]
Sections 1 to 7 are effective the day following final
enactment.
Presented to the governor May 18, 2004
Signed by the governor May 29, 2004, 8:10 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes