Haw. Code R. § 11-45-22

Current through November, 2024
Section 11-45-22 - Application for license
(a) All persons purchasing or acquiring any radiation machine, which is not exempt pursuant to section 11-45-18 after the effective date of these rules, shall apply for a license with the department at least sixty days before purchasing, acquiring, or operating any radiation machine.
(b) All persons purchasing or acquiring any radioactive material, which is not exempt pursuant to section 11-45-18 after the effective date of these rules, shall apply for a license with the department at least sixty days before purchasing or acquiring, storing, manufacturing, using, or handling any radioactive material.
(c) Any person who is engaged in the business of selling, leasing, installing, or offering to install radiation machines, engaged in the business of furnishing or offering to furnish radiation machine servicing or services, engaged in the business of furnishing radiation services for radioactive materials, engaged in the business of providing health physics services, or engaged in the business of providing medical physics services in this State shall apply for a license of such services with the department at least sixty days before furnishing or offering to furnish any such services.
(d) Any person, other than those who are exempt under section 11-45-18, who is engaged in transporting or delivering radioactive material to a carrier for transport shall apply for a license with the department at least sixty days before furnishing such services.
(e) Application for a license shall be completed on forms furnished by the department and shall contain all the information required by the form and accompanying instructions. Information includes:
(1) Applicant identification;
(2) Type of facility or service;
(3) Purpose of source of radiation use;
(4) Location of radiation facility or service;
(5) Listing of each radiation machine according to the manufacturer's name, model number, serial number, and date of manufacture of the control assembly;
(6) Listing of radioactive materials and maximum activity;
(7) Current curriculum vitae and copies of board certification for applicants of health physics services or medical physics services.
(8) Identification of the radiation machine installer; and
(9) Such other information deemed as the director may request.
(f) The director shall not act upon or consider any incomplete application for a license. An application shall be deemed complete only when all required and requested information, including the application form, have been submitted.
(g) Every application shall be signed by the applicant and shall constitute an acknowledgment and agreement that the applicant shall comply with all the conditions of the license and this chapter.
(h) The director may require the submission of additional information after the application has been submitted, and may ensure that, if an application is incomplete or otherwise deficient, processing of the application shall not be completed until such time as the applicant has submitted all required information or otherwise corrected the deficiency.
(i) The failure of the director to act on a completed application within sixty days of the receipt of such application, shall be deemed a grant of such application; provided that the applicant acts consistently with the application process.
(j) The application for a license shall be accompanied by a non-refundable, initial license fee per facility payable to the department. The initial license fee schedule according to type of facility or services is as follows:
(1) Medical x-ray facility with eight or more x-ray units - $150.
(2) Medical x-ray facility with more than four but less than eight x-ray units - $100.
(3) Medical x-ray facility with four or less x-ray units -$50.
(4) Chiropractic x-ray facility - $50.
(5) Dental x-ray facility with more than four x-ray units - $50.
(6) Dental x-ray facility with four or less x-ray units -$30.
(7) Podiatry x-ray facility - $30.
(8) Veterinary x-ray facility - $30.
(9) Radiation therapy facility - $100.
(10) Medical radionuclide facility - $100.
(11) Industrial radiography - $50
(12) All other radiation facilities - $30.
(13) Radiation services - $30.
(k) The license fee for an entity with more than one type facility or services shall be the fee for the type of facility or services with the highest dollar value.

Haw. Code R. § 11-45-22

[Eff 11/12/99] (Auth: HRS §§ 321-10, 321-11, 321-11.5, 321-27, 321-71) (Imp: HRS §§ 321-1, 321-11(21), 321-11.5, 321-27, 321-71)