Section 115080 Of Article 4. Licensing And Regulation Of Sources Of Ionizing Radiation From California Health And Safety Code >> Division 104. >> Part 9. >> Chapter 8. >> Article 4.
115080
. (a) Notwithstanding Section 6103 of the Government Code,
the department shall provide by regulation a ranking of priority for
inspection, as determined by the degree of potentially damaging
exposure of persons by ionizing radiation and the requirements of
Section 115085, and a schedule of fees, based upon that priority
ranking, that shall be paid by persons possessing sources of ionizing
radiation that are subject to registration in accordance with
subdivisions (b) and (e) of Section 115060, and regulations adopted
pursuant thereto. The revenues derived from the fees shall be used,
together with other funds made available therefor, for the purpose of
carrying out any inspections of the sources of ionizing radiation
required by this chapter or regulations adopted pursuant thereto. The
fees shall, together with any other funds made available to the
department, be sufficient to cover the costs of administering this
chapter, and shall be set in amounts intended to cover the costs of
administering this chapter for each priority source of ionizing
radiation. Revenues generated by the fees shall not offset any
general funds appropriated for the support of the radiologic programs
authorized pursuant to this chapter, and the Radiologic Technology
Act (Section 27), and Chapter 7.6 (commencing with Section 114960).
Persons who pay fees shall not be required to pay, directly or
indirectly, for the share of the costs of administering this chapter
of those persons for whom fees are waived. The department shall take
into consideration any contract payment from the Health Care
Financing Administration for performance of inspections for Medicare
certification and shall reduce this fee accordingly.
(b) A local agency participating in a negotiated agreement
pursuant to Section 114990 shall be fully reimbursed for direct and
indirect costs based upon activities governed by Section 115085. With
respect to these agreements, any salaries, benefits, and other
indirect costs shall not exceed comparable costs of the department.
Any changes in the frequency of inspections or the level of
reimbursement to local agencies made by this section or Section
115085 during the 1985-86 Regular Session shall not affect ongoing
contracts.
(c) The fees paid by persons possessing sources of ionizing
radiation shall be adjusted annually pursuant to Section 100425.
(d) The department shall establish two different registration fees
for mammography equipment pursuant to this section based upon
whether the equipment is accredited by an independent accrediting
agency recognized under the federal Mammography Quality Standards Act
(42 U.S.C. Sec. 263b).
(e) The department shall establish fees for followup inspections
related to the failure to correct violations of this chapter or
regulations adopted pursuant to this chapter. The fees established by
the department may be charged for each inspection visit.