Bill Text: MS HB825 | 2011 | Regular Session | Introduced
Bill Title: State Board of Health; authorize to increase various licensure and regulatory fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB825 Detail]
Download: Mississippi-2011-HB825-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Public Health and Human Services
By: Representative Holland
House Bill 825
AN ACT TO AMEND SECTIONS 41-9-9, 41-71-5, 41-75-7, 41-75-9, 41-77-9, 41-85-7, 43-11-7, 43-11-8, 43-11-13, 45-14-11 AND 45-14-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE BOARD OF HEATH TO INCREASE LICENSURE AND REGULATORY FEES FOR HOSPITALS, HOME HEALTH AGENCIES, AMBULATORY SURGICAL FACILITIES, BIRTHING CENTERS, HOSPICES AND INSTITUTIONS FOR THE AGED AND INFIRM AND FOR ENTITIES UNDER RADIATION PROTECTION PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-9-9, Mississippi Code of 1972, is amended as follows:
41-9-9. (1) An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed under Section 41-9-17. A license, unless suspended or revoked, shall be renewable annually upon payment of a renewal fee set by the State Board of Health for each licensed bed in the hospital, which shall be paid to the licensing agency, with a minimum fee set by the State Board of Health per hospital and a maximum fee of Ten Thousand Dollars ($10,000.00), and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes by rule or regulation. Each license shall be issued only for the premises and person or persons or other legal entity or entities named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.
(2) The appropriate licensure fee, according to the schedule herein, shall be paid to the licensing agency and may be paid by check, draft or money order. A license shall not be issued to any hospital until such fee is received by the licensing agency.
(3) A fee known as a "User Fee" shall be applicable and shall be paid to the licensing agency as set out in subsection (2) of this section. This user fee shall be assessed for the purpose of the required reviewing and inspections of the proposal of any hospital in which there are additions, renovations, modernizations, expansion, alterations, conversions, modifications or replacement of the entire facility involved in such proposal. This fee includes the reviewing of architectural plans in all steps required. The user fee shall be calculated at an hourly rate of Seventy-five Dollars ($75.00) based on the actual time spent performing this service.
SECTION 2. Section 41-71-5, Mississippi Code of 1972, is amended as follows:
41-71-5. An application for a license shall be made to the licensing agency upon forms provided by the agency and shall contain such information as the agency shall require, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed under this chapter. A license fee set by the State Board of Health, but not to exceed Two Thousand Dollars ($2,000.00), payable to the licensing agency, shall be submitted with each application.
SECTION 3. Section 41-75-7, Mississippi Code of 1972, is amended as follows:
41-75-7. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder. Each application for a license shall be accompanied by a license fee set by the State Board of Health, but not to exceed Six Thousand Dollars ($6,000.00), which shall be paid to the licensing agency.
SECTION 4. Section 41-75-9, Mississippi Code of 1972, is amended as follows:
41-75-9. Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and the institutional facilities meet the requirements established under this chapter and the requirements of Section 41-7-173 et seq. where determined by the licensing agency to be applicable. A license, unless suspended or revoked, shall be renewable annually upon payment of a renewal fee set by the State Board of Health, but not to exceed Six Thousand Dollars ($6,000.00), which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency requires. Each license shall be issued only for the premises and person or persons named in the application and shall not be transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises.
SECTION 5. Section 41-77-9, Mississippi Code of 1972, is amended as follows:
41-77-9. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder. Each application for a license shall be accompanied by a license fee set by the State Board of Health, but not to exceed Two Thousand Dollars ($2,000.00), which shall be paid to the licensing agency.
SECTION 6. Section 41-85-7, Mississippi Code of 1972, is amended as follows:
41-85-7. (1) The administration of this chapter is vested in the Mississippi Department of Health, which shall:
(a) Prepare and furnish all forms necessary under the provisions of this chapter in relation to applications for licensure or renewals thereof;
(b) Collect in advance at the time of filing an application for a license or at the time of renewal of a license a fee set by the State Board of Health, but not to exceed Two Thousand Dollars ($2,000.00), for each site or location of the licensee;
(c) Levy a fee of Eighteen Dollars ($18.00) per bed for the review of inpatient hospice care;
(d) Conduct annual licensure inspections of all licensees which may be the same inspection as the annual Medicare certification inspection; and
(e) Promulgate applicable rules and standards in furtherance of the purpose of this chapter and may amend such rules as may be necessary. The rules shall include, but not be limited to, the following:
(i) The qualifications of professional and ancillary personnel in order to adequately furnish hospice care;
(ii) Standards for the organization and quality of patient care;
(iii) Procedures for maintaining records; and
(iv) Provision for the inpatient component of hospice care and for other professional and ancillary hospice services.
(2) All fees collected by the department under this section shall be used by the department exclusively for the purposes of licensure, regulation, inspection, investigations and discipline of hospices under this chapter.
(3) The State Department of Health shall not process any new applications for hospice licensure after January 2007 until the department can substantiate that all current licenses and their branches have been surveyed in conjunction with rules and regulations set forth by the department to survey such licenses and branches. Existing satellite branch offices seeking licensure as required under Section 105.05 of the Minimum Standards of Operation for Hospice are exempt from this subsection. This subsection (3) shall stand repealed on July 1, 2011.
SECTION 7. Section 43-11-7, Mississippi Code of 1972, is amended as follows:
43-11-7. Any person, as defined in Section 43-11-1, may
apply for a license as provided in this section. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed under this chapter. Each application for a license for an institution for the aged or infirm, except for personal care homes, shall be accompanied by a license fee set by the State Board of Health for each bed in the institution, * * * which shall be paid to the licensing agency. Each application for a license for a personal care home shall be accompanied by a license fee set by the State Board of Health for each bed in the institution, * * * which shall be paid to the licensing agency.
No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
SECTION 8. Section 43-11-8, Mississippi Code of 1972, is amended as follows:
43-11-8. (1) An application for a license for an adult foster care facility shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder. Each application for a license for an adult foster care facility shall be accompanied by a license fee set by the State Board of Health for each person or bed of licensed capacity, * * * which shall be paid to the licensing agency.
(2) A license, unless suspended or revoked, shall be renewable annually upon payment by the licensee of an adult foster care facility, except for personal care homes, of a renewal fee set by the State Board of Health for each person or bed of licensed capacity in the institution, * * * which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes by regulation. Each license shall be issued only for the premises and person or persons or other legal entity or entities named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.
SECTION 9. Section 43-11-13, Mississippi Code of 1972, is amended as follows:
43-11-13. (1) The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards, including classifications, with respect to all institutions for the aged or infirm to be licensed under this chapter as may be designed to further the accomplishment of the purpose of this chapter in promoting adequate care of individuals in those institutions in the interest of public health, safety and welfare. Those rules, regulations and standards shall be adopted and promulgated by the licensing agency and shall be recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Rules, Regulations and Minimum Standards for Institutions for the Aged or Infirm" and the book shall be open and available to all institutions for the aged or infirm and the public generally at all reasonable times. Upon the adoption of those rules, regulations and standards, the licensing agency shall mail copies thereof to all those institutions in the state that have filed with the agency their names and addresses for this purpose, but the failure to mail the same or the failure of the institutions to receive the same shall in no way affect the validity thereof. The rules, regulations and standards may be amended by the licensing agency, from time to time, as necessary to promote the health, safety and welfare of persons living in those institutions.
(2) The licensee shall keep posted in a conspicuous place on the licensed premises all current rules, regulations and minimum standards applicable to fire protection measures as adopted by the licensing agency. The licensee shall furnish to the licensing agency at least once each six (6) months a certificate of approval and inspection by state or local fire authorities. Failure to comply with state laws and/or municipal ordinances and current rules, regulations and minimum standards as adopted by the licensing agency, relative to fire prevention measures, shall be prima facie evidence for revocation of license.
(3) The State Board of Health shall promulgate rules and regulations restricting the storage, quantity and classes of drugs allowed in personal care homes and adult foster care facilities. Residents requiring administration of Schedule II Narcotics as defined in the Uniform Controlled Substances Law may be admitted to a personal care home. Schedule drugs may only be allowed in a personal care home if they are administered or stored utilizing proper procedures under the direct supervision of a licensed physician or nurse.
(4) (a) Notwithstanding any determination by the licensing agency that skilled nursing services would be appropriate for a resident of a personal care home, that resident, the resident's guardian or the legally recognized responsible party for the resident may consent in writing for the resident to continue to reside in the personal care home, if approved in writing by a licensed physician. However, no personal care home shall allow more than two (2) residents, or ten percent (10%) of the total number of residents in the facility, whichever is greater, to remain in the personal care home under the provisions of this subsection (4). This consent shall be deemed to be appropriately informed consent as described in the regulations promulgated by the licensing agency. After that written consent has been obtained, the resident shall have the right to continue to reside in the personal care home for as long as the resident meets the other conditions for residing in the personal care home. A copy of the written consent and the physician's approval shall be forwarded by the personal care home to the licensing agency.
(b) The State Board of Health shall promulgate rules and regulations restricting the handling of a resident's personal deposits by the director of a personal care home. Any funds given or provided for the purpose of supplying extra comforts, conveniences or services to any resident in any personal care home, and any funds otherwise received and held from, for or on behalf of any such resident, shall be deposited by the director or other proper officer of the personal care home to the credit of that resident in an account that shall be known as the Resident's Personal Deposit Fund. No more than one (1) month's charge for the care, support, maintenance and medical attention of the resident shall be applied from the account at any one time. After the death, discharge or transfer of any resident for whose benefit any such fund has been provided, any unexpended balance remaining in his personal deposit fund shall be applied for the payment of care, cost of support, maintenance and medical attention that is accrued. If any unexpended balance remains in that resident's personal deposit fund after complete reimbursement has been made for payment of care, support, maintenance and medical attention, and the director or other proper officer of the personal care home has been or shall be unable to locate the person or persons entitled to the unexpended balance, the director or other proper officer may, after the lapse of one (1) year from the date of that death, discharge or transfer, deposit the unexpended balance to the credit of the personal care home's operating fund.
(c) The State Board of Health shall promulgate rules and regulations requiring personal care homes to maintain records relating to health condition, medicine dispensed and administered, and any reaction to that medicine. The director of the personal care home shall be responsible for explaining the availability of those records to the family of the resident at any time upon reasonable request.
(d) This subsection (4) shall stand repealed on June 30, 2011.
(5) (a) For the purposes of this subsection (5):
(i) "Licensed entity" means a hospital, nursing home, personal care home, home health agency, hospice or adult foster care facility;
(ii) "Covered entity" means a licensed entity or a health care professional staffing agency;
(iii) "Employee" means any individual employed by a covered entity, and also includes any individual who by contract provides to the patients, residents or clients being served by the covered entity direct, hands-on, medical patient care in a patient's, resident's or client's room or in treatment or recovery rooms. The term "employee" does not include health care professional/vocational technical students, as defined in Section 37-29-232, performing clinical training in a licensed entity under contracts between their schools and the licensed entity, and does not include students at high schools located in Mississippi who observe the treatment and care of patients in a licensed entity as part of the requirements of an allied-health course taught in the high school, if:
1. The student is under the supervision of a licensed health care provider; and
2. The student has signed an affidavit that is on file at the student's school stating that he or she has not been convicted of or pleaded guilty or nolo contendere to a felony listed in paragraph (d) of this subsection (5), or that any such conviction or plea was reversed on appeal or a pardon was granted for the conviction or plea. Before any student may sign such an affidavit, the student's school shall provide information to the student explaining what a felony is and the nature of the felonies listed in paragraph (d) of this subsection (5).
However, the health care professional/vocational technical academic program in which the student is enrolled may require the student to obtain criminal history record checks under the provisions of Section 37-29-232.
(b) Under regulations promulgated by the State Board of Health, the licensing agency shall require to be performed a criminal history record check on (i) every new employee of a covered entity who provides direct patient care or services and who is employed on or after July 1, 2003, and (ii) every employee of a covered entity employed before July 1, 2003, who has a documented disciplinary action by his or her present employer. In addition, the licensing agency shall require the covered entity to perform a disciplinary check with the professional licensing agency of each employee, if any, to determine if any disciplinary action has been taken against the employee by that agency.
Except as otherwise provided in paragraph (c) of this subsection (5), no such employee hired on or after July 1, 2003, shall be permitted to provide direct patient care until the results of the criminal history record check have revealed no disqualifying record or the employee has been granted a waiver. In order to determine the employee applicant's suitability for employment, the applicant shall be fingerprinted. Fingerprints shall be submitted to the licensing agency from scanning, with the results processed through the Department of Public Safety's Criminal Information Center. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The licensing agency shall notify the covered entity of the results of an employee applicant's criminal history record check. If the criminal history record check discloses a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault, or felonious abuse and/or battery of a vulnerable adult that has not been reversed on appeal or for which a pardon has not been granted, the employee applicant shall not be eligible to be employed by the covered entity.
(c) Any such new employee applicant may, however, be employed on a temporary basis pending the results of the criminal history record check, but any employment contract with the new employee shall be voidable if the new employee receives a disqualifying criminal history record check and no waiver is granted as provided in this subsection (5).
(d) Under regulations promulgated by the State Board of Health, the licensing agency shall require every employee of a covered entity employed before July 1, 2003, to sign an affidavit stating that he or she has not been convicted of or pleaded guilty or nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, any sex offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary, gratification of lust, aggravated assault, or felonious abuse and/or battery of a vulnerable adult, or that any such conviction or plea was reversed on appeal or a pardon was granted for the conviction or plea. No such employee of a covered entity hired before July 1, 2003, shall be permitted to provide direct patient care until the employee has signed the affidavit required by this paragraph (d). All such existing employees of covered entities must sign the affidavit required by this paragraph (d) within six (6) months of the final adoption of the regulations promulgated by the State Board of Health. If a person signs the affidavit required by this paragraph (d), and it is later determined that the person actually had been convicted of or pleaded guilty or nolo contendere to any of the offenses listed in this paragraph (d) and the conviction or plea has not been reversed on appeal or a pardon has not been granted for the conviction or plea, the person is guilty of perjury. If the offense that the person was convicted of or pleaded guilty or nolo contendere to was a violent offense, the person, upon a conviction of perjury under this paragraph, shall be punished as provided in Section 97-9-61. If the offense that the person was convicted of or pleaded guilty or nolo contendere to was a nonviolent offense, the person, upon a conviction of perjury under this paragraph, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.
(e) The covered entity may, in its discretion, allow any employee who is unable to sign the affidavit required by paragraph (d) of this subsection (5) or any employee applicant aggrieved by an employment decision under this subsection (5) to appear before the covered entity's hiring officer, or his or her designee, to show mitigating circumstances that may exist and allow the employee or employee applicant to be employed by the covered entity. The covered entity, upon report and recommendation of the hiring officer, may grant waivers for those mitigating circumstances, which shall include, but not be limited to: (i) age at which the crime was committed; (ii) circumstances surrounding the crime; (iii) length of time since the conviction and criminal history since the conviction; (iv) work history; (v) current employment and character references; and (vi) other evidence demonstrating the ability of the individual to perform the employment responsibilities competently and that the individual does not pose a threat to the health or safety of the patients of the covered entity.
(f) The licensing agency may charge the covered entity submitting the fingerprints a fee set by the State Board of Health, based on the amount necessary to cover required transmission fees and operating costs, but not to exceed One Hundred Dollars ($100.00). The covered entity may, in its discretion, charge the same fee, or a portion thereof, to the employee applicant. Any costs incurred by a covered entity implementing this subsection (5) shall be reimbursed as an allowable cost under Section 43-13-116.
(g) If the results of an employee applicant's criminal history record check reveals no disqualifying event, then the covered entity shall, within two (2) weeks of the notification of no disqualifying event, provide the employee applicant with a notarized letter signed by the chief executive officer of the covered entity, or his or her authorized designee, confirming the employee applicant's suitability for employment based on his or her criminal history record check. An employee applicant may use that letter for a period of two (2) years from the date of the letter to seek employment with any covered entity without the necessity of an additional criminal history record check. Any covered entity presented with the letter may rely on the letter with respect to an employee applicant's criminal background and is not required for a period of two (2) years from the date of the letter to conduct or have conducted a criminal history record check as required in this subsection (5).
(h) The licensing agency, the covered entity, and their agents, officers, employees, attorneys and representatives, shall be presumed to be acting in good faith for any employment decision or action taken under this subsection (5). The presumption of good faith may be overcome by a preponderance of the evidence in any civil action. No licensing agency, covered entity, nor their agents, officers, employees, attorneys and representatives shall be held liable in any employment decision or action based in whole or in part on compliance with or attempts to comply with the requirements of this subsection (5).
(i) The licensing agency shall promulgate regulations to implement this subsection (5).
(j) The provisions of this subsection (5) shall not apply to:
(i) Applicants and employees of the University of Mississippi Medical Center for whom criminal history record checks and fingerprinting are obtained in accordance with Section 37-115-41; or
(ii) Health care professional/vocational technical students for whom criminal history record checks and fingerprinting are obtained in accordance with Section 37-29-232.
(6) The State Board of Health shall promulgate rules, regulations and standards regarding the operation of adult foster care facilities.
SECTION 10. Section 45-14-11, Mississippi Code of 1972, is amended as follows:
45-14-11. In order to provide for the protection of the public health and safety, the agency is empowered to:
(a) Develop comprehensive policies and programs for the evaluation, determination and amelioration of hazards associated with the use of sources of radiation. Such policies and programs shall be developed with due regard for compatibility with federal programs for the control and regulation of sources of radiation;
(b) Advise, consult and cooperate with other public agencies and with affected groups and industries;
(c) Encourage, participate in or conduct studies, investigations, public hearings, training, research and demonstrations relating to the control of sources of radiation, the measurement of radiation, the effect upon public health and safety of exposure to radiation and related problems;
(d) Adopt, promulgate, amend and repeal such rules, regulations and standards which may provide for licensing or registration relating to the receipt, possession, use, transfer, ownership, acquisition, manufacture, production, transportation, handling, storage, disposal, sale, lease or other disposition of sources of radiation as may be necessary to carry out the provisions of this chapter. The recommendations of nationally recognized experts in the field of radiation protection shall be taken into consideration. The agency shall set applicable fees for licensing and registration of these entities, which shall not exceed the amounts set forth in Section 45-14-31;
(e) Provide necessary and desirable services to any agency of the state which will acquire, lease, develop or operate land and facilities to be used for fostering development of the state's economic potential in the nuclear energy field, including, but not limited to, the concentration or storage of radioactive by-products and wastes. Such services may include, but are not limited to, site evaluation, critique of private or public site monitoring activities, and developing plans for perpetual custody and maintenance of radioactive materials held for custodial purposes at any publicly or privately operated facility located within the state;
(f) Require, for new construction and material alterations, submission of plans, specifications and reports on: (1) design and protective shielding of installations for sources of radiation, and (2) systems for the disposal of radioactive waste material and (3) the determination of any radiation hazard. The agency may render opinions, approve or disapprove such plans and specifications;
(g) Require all sources of radiation to be shielded, transported, handled, used, stored or disposed of in such manner as to comply with the provisions of this chapter and rules, regulations and standards promulgated thereunder;
(h) Collect and disseminate information relating to the control of sources of radiation, including, but not limited to: (1) maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions and revocations, and (2) maintenance of a file of registrants possessing sources of radiation requiring registration under the provisions of this chapter, and regulations thereunder, and any administrative or judicial action pertaining thereto;
(i) Require, on forms prescribed and furnished by the agency, registration, periodic re-registration, or licensing of persons to use, manufacture, produce, transport, transfer, receive, acquire, own or possess sources of radiation;
(j) Exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements set forth in this chapter when the agency determines that the exemption of such sources of radiation or kinds of users or uses will not constitute a significant risk to the health and safety of the public;
(k) Promulgate rules and regulations pursuant to this chapter which may provide for recognition of other state and federal licenses and registrations as the agency shall deem desirable, subject to such requirements as it may prescribe; and exercise all incidental powers necessary to carry out the provisions of this chapter;
(1) Conduct environmental radiation surveillance and monitoring programs for evaluating levels of radioactive materials in the environment, including, but not limited to, levels of radioactive materials near nuclear powered electrical generating plants and other nuclear facilities;
(m) Provide, by rules and regulations, for an electronic products safety program to protect the public health and safety. Such program shall authorize regulation and inspection of sources of nonionizing radiation throughout the state;
(n) Respond to any emergency which involves possible or actual release of radioactive materials; respond, coordinate decontamination, and otherwise protect the public health and safety in any manner deemed necessary. This chapter does not in any way, alter or change the provisions of the Executive Order No. 185, dated August 26, 1974, concerning response during an emergency by the state civil defense council;
(o) Develop and implement a responsible data management program for the purpose of collecting and analyzing statistical information necessary to protect the public health and safety; and
(p) Enforce the provisions and policies of the Southeast Interstate Low-Level Radioactive Waste Management Compact as provided in Section 57-47-1 and regulations promulgated pursuant to Section 57-47-1.
SECTION 11. Section 45-14-31, Mississippi Code of 1972, is amended as follows:
45-14-31. All initial application and registration fees and annual fees due under this section shall be paid directly to the agency for deposit into the Radiological Health Operations Fund in the State Treasury. The Mississippi State Board of Health shall submit its separate budget for carrying out the provisions of this chapter. The budget shall be subject to and shall comply with the requirements of the state budget law. In order to supplement state radiological health budget allocations authorized to carry out and enforce the provisions of this chapter, the agency is authorized to charge and collect fees up to the following amounts:
SCHEDULE OF FEES FOR RADIOACTIVE MATERIAL LICENSES
Maximum Maximum
Category Application Fee Annual Fee
I. Waste Disposal
(a) Licenses specifically $350,000.00 $350,000.00
authorizing the receipt of low-level
waste radioactive material from
other persons for the purpose of
commercial disposal by land burial
by the waste disposal licensee.
(b) Licenses specifically $ 2,000.00 $ 2,000.00
authorizing the receipt of waste
radioactive material from other
persons for the purpose of packaging
the material. The licensee will
dispose of the material by transfer
to another person authorized to receive
or dispose of the material.
(c) Licenses specifically $ 1,000.00 $ 1,000.00
authorizing the receipt of
prepackaged waste radioactive
material from other persons. The
licensee will dispose of the
material by transfer to another
person authorized to receive or
dispose of the material.
(d) Licenses specifically $ 2,000.00 $ 2,000.00
authorizing the receipt of waste
radioactive material from other
persons for the purpose of
super-compaction (compaction of
seven-fold or greater). The licensee
will dispose of the material by
transfer to another person authorized
to receive or dispose of the material.
(e) Licenses specifically $ 6,000.00 $ 6,000.00
authorizing the receipt of waste
radioactive material from other
persons for the purpose of
incineration. The licensee will
dispose of radioactive ash by
transfer to another person authorized
to receive or dispose of this material.
II. Nuclear Laundries
Licenses for commercial $ 4,000.00 $ 4,000.00
collection in laundries of items
contaminated with radioactive material.
III. Distributors of
Generally Licensed Devices or
Specific Licensed Devices
Licenses issued to distribute $ 3,000.00 $ 3,000.00
items containing radioactive
material to persons generally
licensed.
IV. Human Use
(a) Licenses issued for $ 2,000.00 $ 2,000.00
human use of radioactive material
in sealed sources contained in
teletherapy devices.
(b) Licenses issued to $ 1,500.00 $ 1,500.00
physicians or medical institutions
for human use of radioactive material
for diagnostic purposes only.
(c) Licenses issued to $ 2,000.00 $ 2,000.00
physicians or medical institutions
for human use of radioactive material
for therapeutic purposes, except
licenses in category IV(a).
(d) Licenses issued to $ 600.00 $ 600.00
physicians or medical institutions
for human use of radioactive material
provided by a mobile nuclear medicine
service.
(e) Licenses specifically $ 2,000.00 $ 2,000.00
authorizing mobile nuclear medicine
services to licensees in categories
IV(b) or IV(d).
(f) Licenses specifically $ 500.00 $ 500.00
authorizing the use of radioactive
material contained in eye applicators
or bone mineral analyzers.
V. Radiopharmacies
Licenses specifically $ 3,500.00 $ 3,500.00
authorizing the processing or
manufacturing and distribution
or redistribution of
radiopharmaceuticals, generators,
reagent kits and/or sources and
devices containing radioactive material.
VI. Industrial Radiography
Licenses issued for $ 3,000.00 $ 3,000.00
industrial radiography operations.
VII. Well Logging Operations
(a) Licenses for possession $ 2,500.00 $ 2,500.00
and use of radioactive material for well
logging and subsurface tracer studies.
(b) Licenses for possession $ 400.00 $ 400.00
and use of radioactive material in
markers including radioactive collars
and radioactive iron nails.
VIII. Irradiators
(a) Licenses for possession $ 900.00 $ 900.00
and use of radioactive material in
sealed sources for irradiation of
materials where the source is not
removed from its shield
(self-shielded units).
(b) Licenses for possession $ 5,000.00 $ 5,000.00
and use of radioactive material in
sealed sources for irradiation of
materials where the source is
exposed for irradiation purposes.
IX. Civil Defense
Licenses for possession and $ 500.00 $ 500.00
use of radioactive material for
Civil Defense activities.
X. Broad Scope Licenses
(a) Licenses of broad $ 1,200.00 $ 1,200.00
scope for possession and use of
radioactive material issued for
educational research and development
and instructional purposes.
(b) Licenses of broad $ 4,000.00 $ 4,000.00
scope for possession and use of
radioactive materials issued for human
use, medical research and development
and instructional purposes.
(c) Licenses of broad $ 4,000.00 $ 4,000.00
scope for possession and use of
radioactive material issued for
industrial purposes.
XI. Research and Development
(a) Licenses for possession $ 900.00 $ 900.00
and use of radioactive material for
educational research and development
and instructional purposes.
(b) Licenses for possession $ 1,000.00 $ 1,000.00
and use of radioactive material for
industrial research and development.
XII. Industrial Gauges
(a) Licenses for possession $ 1,100.00 $ 1,100.00
and use of fixed in-plant gauge(s)
containing radioactive material.
(b) Licenses for possession $ 1,000.00 $ 1,000.00
and use of pipe wall thickness gauge(s)
containing radioactive material.
(c) Licenses for possession $ 1,000.00 $ 1,000.00
and use of portable densitometer(s)
containing radioactive material.
(d) Licenses for possession $ 750.00 $ 750.00
and use of portable industrial gauge(s)
containing radioactive material except
categories XII(b) and (c).
XIII. Licenses for possession $ 1,500.00 $ 1,500.00
and use of radioactive material for
the performance of environmental
tracer studies.
XIV. Licenses authorizing $ 1,000.00 $ 1,000.00
the installation, removal, repair
and maintenance of gauge(s)
containing radioactive material.
XV. Licenses authorizing $ 300.00 $ 300.00
the use of radioactive material
contained in gas chromatographs.
XVI. Licenses specifically $ 3,000.00 $ 3,000.00
authorizing decommissioning,
decontamination, reclamation,
or site restoration activities.
XVII. Licenses specifically $ 1,000.00 $ 1,000.00
authorizing the removal of
radioactive material from oil and/or
gas tubing and equipment.
XVIII. All other specific $ 600.00 $ 600.00
licenses other than those
specified above.
XIX. Additional permanent sites 10% of 10% of
where radioactive material is applicable applicable
stored or used under same license. fee fee
SCHEDULE OF FEES FOR GENERAL LICENSE DEVICES
Initial registration and annual fees for the receipt, possession or use of radioactive material under a general license shall be per registration as follows:
(a) Certain measuring, $ 150.00 $ 150.00
gauging and controlling device(s).
(b) Generally licensed gas $ 100.00 $ 100.00
chromatographs.
(c) Static elimination $ 100.00 $ 100.00
device(s) and ion generating tube(s).
(d) Source material. $ 100.00 $ 100.00
(e) Depleted Uranium. $ 100.00 $ 100.00
(f) In vitro testing $ 100.00 $ 100.00
and clinical labs.
(g) All other general $ 100.00 $ 100.00
license registrations other than
those specified above.
SCHEDULE OF FEES FOR X-RAY TUBE
Fees for the initial registration and annual renewal fees of each x-ray tube shall not exceed the following amounts:
X-RAY TUBES
I. Healing Arts and Dental $ 100.00
Veterinary Medicine $ 100.00
Radiographic in Clinics $ 100.00
Radiographic in Hospitals $ 200.00
Fluroscopic $ 250.00
Computed Tomography $ 250.00
Mammography $ 250.00
Consultants $ 500.00
Assemblers $ 500.00
II. Nonhealing Arts
(a) Industrial, other than $ 100.00
Industrial Radiography
(b) Educational $ 75.00
SCHEDULE OF FEES FOR INDUSTRIAL RADIOGRAPHY
X-RAY REGISTRATIONS
Fees for the initial registration and annual fees for industrial radiography x-ray devices shall be Six Hundred Dollars ($600.00).
SERVICES
Each person who assembles, installs or services radiation machines within the State of Mississippi shall pay an annual registration fee of Three Hundred Dollars ($300.00).
SCHEDULE OF FEES FOR ACCELERATORS
Fees for the initial registration and annual fees of each accelerator shall not exceed One Thousand Five Hundred Dollars ($1,500.00).
SCHEDULE OF FEES FOR NEUTRON GENERATOR REGISTRATIONS
Fees for initial registration and annual fees for neutron generators shall be Six Hundred Dollars ($600.00).
SCHEDULE OF FEES FOR NUCLEAR REACTORS
A person possessing a Nuclear Regulatory Commission license or permit authorizing a nuclear reactor in the State of Mississippi for commercial production of electrical energy utilizing special nuclear material sufficient to form a critical mass, shall pay an annual fee of Twenty-five Dollars ($25.00) per megawatt (thermal) rating for each such reactor so licensed or permitted. When more than one (1) reactor is on the same site, the fee or sum of each additional reactor after the first shall be Five Dollars ($5.00) per megawatt (thermal).
SCHEDULE OF FEES FOR OUT-OF-STATE LICENSES,
REGISTRANTS AND PERMITTEES
An out-of-state person possessing:
(a) A license from the United States Nuclear Regulatory Commission;
(b) A license or registration from an Agreement State or Licensing State; or
(c) A registration or permit from a state radiological health program; and who enters the State of Mississippi to conduct the activities authorized in such license, registration or permit shall pay an annual fee in accordance with the above fee schedules.
SCHEDULE OF FEES FOR TANNING EQUIPMENT
Fees for the initial registration and annual renewal of each unit of tanning equipment shall be Thirty-five Dollars ($35.00).
SECTION 12. This act shall take effect and be in force from and after July 1, 2011.
