House Introduced Bill 6335

HOUSE BILL No. 6335

September 18, 2002, Introduced by Rep. Julian and referred to the Committee on Health Policy.

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 13501, 13505, 13506, 13515, 13517, 13521,

13522, 13525, 13535, and 13536 (MCL 333.13501, 333.13505,

333.13506, 333.13515, 333.13517, 333.13521, 333.13522, 333.13525,

333.13535, and 333.13536), sections 13501 and 13522 as amended by

1994 PA 100 and section 13521 as amended by 1989 PA 56, and by

adding part 135A; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1
Sec. 13501. (1) As used in this part:

2
(a) "General license" means a license, effective pursuant to

3
rules promulgated by the department without the filing of an

4
application, to transfer, acquire, own, possess, or use

5
quantities of, or devices or equipment utilizing, radioactive

6
material.

05451'01 KAO 2

1
(b) "Ionizing radiation" means gamma rays and x-rays, alpha

2
particles, beta particles, high speed electrons, neutrons, pro-

3
tons, high speed ions, and other high speed nuclear particles.

4
(c) "Mammography" means radiography of the breast for the

5
purpose of enabling a physician to determine the presence, size,

6
location, and extent of cancerous or potentially cancerous tissue

7
in the breast.

8
(d) "Mammography authorization" means authorization under

9
section 13523 to use a radiation machine for mammography.

10
(e) "Mammography interpreter" means an individual who meets

11
the requirements set forth in section 13523(2)(g) and is respon-

12
sible for evaluating and interpreting mammographic images.

13
(C) (f) "Person" means a person as defined in section 1106

14
or a governmental entity.

15
(D) (g) "Radioactive material" means a solid, liquid, or

16
gas material which THAT emits ionizing radiation

17
spontaneously.

18
(E) (h) "Radiography" means the making of a film or other

19
record of an internal structure of the body by passing x-rays or

20
gamma rays through the body to act on film or other image

21
receptor.

22
(F) (i) "Registration" means registration of a source of

23
ionizing radiation in writing with the department.

24
(G) (j) "Source of ionizing radiation" means a device or

25
material that emits ionizing radiation.

26
(H) (k) "Specific license" means a license issued BY THE

27
DEPARTMENT to use, manufacture, produce, transfer, receive,

05451'01 3

1
acquire, own, or possess quantities of, or devices or equipment

2
utilizing, radioactive material.

3
(2) In addition, article 1 contains general definitions and

4
principles of construction applicable to all articles in this

5
code.

6
Sec. 13505. A person shall not manufacture, produce,

7
transport, transfer, dispose of, acquire, own, possess, or use a

8
radioactive material or other source of ionizing radiation unless

9
THE PERSON IS licensed , registered, or exempted UNDER THIS

10
PART OR IS LICENSED OR EXEMPTED by the department in accordance

11
with rules promulgated pursuant to BY THE DEPARTMENT UNDER this

12
part. or unless exempted by this part.

13
Sec. 13506. Sections 13505 and 13515 to 13536 do not apply

14
to the following sources or conditions, except as noted:

15
(a) Electrical or other equipment or material not intended

16
primarily to produce radiation which, by nature of design, does

17
not produce radiation at the point of nearest approach at a

18
weekly rate higher than 1/10 the appropriate limit generally

19
accepted by the medical profession for any critical organ

20
exposed. The production testing or production servicing of the

21
equipment is not exempt.

22
(b) A radiation machine during process of manufacture or in

23
storage or transit. The production testing or production servic-

24
ing of the machine is not exempt.

25
(A) (c) A radioactive material while being transported

26
under the jurisdiction of and in conformity with regulations

27
adopted by the nuclear regulatory commission or the United States

05451'01 4

1
department of transportation, or their successors, specifically

2
applicable to the transportation of such THE radioactive

3
material.

4
(B) (d) Sound waves, radio waves, and visible, infrared,

5
or ultraviolet light.

6
(C) (e) A production or utilization facility, as defined

7
in the federal atomic energy act of 1954, 42 U.S.C. 2011 to

8
2281 CHAPTER 1073, 68 STAT. 919, or a source of ionizing radi-

9
ation used in or in connection with the operation of a production

10
or utilization facility pursuant to a license from the federal

11
nuclear regulatory commission or ITS successor thereto AGENCY.

12
However, the department may collect radiation data and perform

13
environmental monitoring in connection with the operation of the

14
facility in accordance with this part.

15
(D) (f) A source material, by-product material, or special

16
nuclear material over which the federal nuclear regulatory com-

17
mission or a ITS successor thereto AGENCY has exclusive regu-

18
latory jurisdiction under the federal atomic energy act of

19
1954, CHAPTER 1073, 68 STAT. 919, which jurisdiction has not been

20
transferred to this state pursuant to an agreement under Act

21
No. 54 of the Public Acts of 1965, being sections 3.801 and

22
3.802 of the Michigan Compiled Laws 1965 PA 54, MCL 3.801 TO

23
3.802.

24
Sec. 13515. (1) The department is designated as the radi-

25
ation control agency of this state and shall coordinate radiation

26
control programs of state departments acting within their

27
statutory authorities.

05451'01 5

1
(2) Pursuant to rules promulgated under this part, the

2
department shall require licensing and registration of radioac-

3
tive materials and other sources of ionizing radiation.

4
(3) The department shall develop and conduct programs for

5
evaluation and control of hazards associated with the use of

6
radioactive materials and other sources of ionizing radiation.

7
Sec. 13517. (1) The department may enter at all reasonable

8
times upon private or public property upon which sources of ion-

9
izing radiation are reasonably believed to be located, with the

10
permission of the owner or custodian thereof OF THE PROPERTY,

11
to determine if there is compliance with or violation of this

12
part or a rule PROMULGATED UNDER THIS PART or COMPLIANCE WITH OR

13
A VIOLATION OF A license ISSUED UNDER THIS PART.

14
(2) If the department has reasonable CAUSE or probable cause

15
to believe that a violation of this part or a rule PROMULGATED

16
UNDER THIS PART or A VIOLATION OF A license ISSUED UNDER THIS

17
PART is being committed on private or public property or that

18
there exists on the property evidence of a violation, and permis-

19
sion to enter thereon ON THE PROPERTY is denied by the owner or

20
custodian thereof OF THE PROPERTY, the department may apply to

21
the proper judicial officer under Act No. 189 of the Public

22
Acts of 1966, being sections 780.651 to 780.659 of the Michigan

23
Compiled Laws 1966 PA 189, MCL 780.651 TO 780.659, for a warrant

24
commanding the sheriff or a law enforcement officer, with the aid

25
of the department, to search the property and seize any source of

26
ionizing radiation that is possessed, controlled, or used wholly

27
or partially in violation of this part or a rule PROMULGATED

05451'01 6

1
UNDER THIS PART or IN VIOLATION OF A license ISSUED UNDER THIS

2
PART, or any evidence of a violation of this part or a rule or

3
license.

4
Sec. 13521. (1) The department shall promulgate rules pro-

5
viding for general or specific licenses or registration, or

6
exemption from licensing or registration, for radioactive mate-

7
rials and other sources of ionizing radiation. The rules shall

8
provide for amendment, suspension, or revocation of licenses. In

9
connection with those PROMULGATING rules UNDER THIS SUBSECTION,

10
the department may promulgate rules to establish requirements

11
for record keeping, permissible levels of exposure, notification

12
and reports of accidents, protective measures, technical qualifi-

13
cations of personnel, handling, transportation, storage, waste

14
disposal, posting and labeling of hazardous sources and areas,

15
surveys, and monitoring.

16
(2) The rules PROMULGATED UNDER SUBSECTION (1) shall not

17
limit the intentional exposure of patients to radiation for the

18
purpose of lawful therapy or research conducted by licensed

19
health professionals.

20
(3) The department shall promulgate rules specifying the

21
minimum training and performance standards for an individual

22
using a radiation machine for mammography as set forth in

23
section 13523.

24
Sec. 13522. (1) In promulgating rules pursuant to this

25
part, the department shall avoid requiring dual licensing, inso-

26
far as practical. Rules promulgated by the department may

27
provide for recognition of other state or federal licenses as the

05451'01 7

1
department considers desirable. , subject to registration

2
requirements prescribed by the department. A person who, on the

3
effective date of an agreement under Act No. 54 of the Public

4
Acts of 1965, being sections 3.801 to 3.802 of the Michigan

5
Compiled Laws 1965 PA 54, MCL 3.801 TO 3.802, possesses a

6
license issued by the federal government for a source of ionizing

7
radiation of the type for which the state assumes regulatory

8
responsibility under the agreement, is considered to possess an

9
identical license issued pursuant to this part, which license

10
expires either 90 days after receipt of a written notice of ter-

11
mination from the department or on the date of expiration stated

12
in the federal license, whichever occurs first.

13
(2) The department may promulgate rules to establish a

14
schedule of fees to be paid by applicants for licenses for radio-

15
active materials and devices and equipment utilizing the radioac-

16
tive materials.

17
(3) Except as otherwise provided in this subsection, the

18
department may promulgate rules to establish a schedule of fees

19
to be paid by an applicant for a license for other sources of

20
ionizing radiation and the renewal of the license. , and by a

21
person possessing sources of ionizing radiation that are subject

22
to registration. The registration or registration renewal fee

23
for a radiation machine registered under this part is $45.00 for

24
the first veterinary or dental x-ray or electron tube and $25.00

25
for each additional veterinary or dental x-ray or electron tube

26
annually, or $75.00 annually per nonveterinary or nondental x-ray

27
or electron tube. The department shall not assess a fee for the

05451'01 8

1
amendment of a radiation machine registration certificate. In

2
addition, the department shall assess a fee of $100.00 for each

3
follow-up inspection due to noncompliance during the same year.

4
The department may accept a written certification from the

5
licensee or registrant that the items of noncompliance have

6
been corrected instead of performing a follow-up inspection. If

7
the department does not inspect a source of ionizing radiation

8
for a period of 5 consecutive years, the licensee or registrant

9
of the source of ionizing radiation does not have to pay further

10
license or registration fees as to that source of ionizing

11
radiation until the first license or registration renewal date

12
following the time an inspection of the source of ionizing radi-

13
ation is made.

14
(4) A fee collected under this part shall be deposited in

15
the state treasury and credited to the general fund of this

16
state.

17
(5) Except as otherwise provided in subsection (6), the

18
department shall assess the following nonrefundable fees in con-

19
nection with mammography authorization:

20
(a) Inspection, per radiation machine........... $ 100.00

21
(b) Reinspection for reinstatement of mammogra-

22
phy authorization, per radiation machine............. $ 100.00

23
(c) Department evaluation of compliance with

24
section 13523(2)(a), per radiation machine........... $ 700.00

25
Each reevaluation of a radiation machine due

26
to failure during the previous evaluation, relocation

05451'01 9

1
of the radiation machine, or similar changes that

2
could affect earlier evaluation results.............. $ 300.00.

3
(6) If an applicant for mammography authorization submits an

4
evaluation report issued by the American college of radiology

5
that evidences compliance with section 13523(2)(a), the depart-

6
ment shall waive the fee under subsection (5) for department

7
evaluation of compliance with that provision.

8
(5) (7) Except as otherwise provided in subsections

9
SUBSECTION (3), and (6), the department shall not waive a fee

10
required under this section.

11
(6) (8) The department shall adjust on an annual basis the

12
fees prescribed by subsections SUBSECTION (3) and (5) by an

13
amount determined by the state treasurer to reflect the cumula-

14
tive annual percentage change in the Detroit consumer price

15
index, not to exceed 5%. As used in this subsection, "Detroit

16
consumer price index" means the most comprehensive index of con-

17
sumer prices available for the Detroit area from the bureau of

18
labor statistics of the United States department of labor.

19
Sec. 13525. A municipality or a department, agency, or

20
official of a municipality may SHALL not license , OR regu-

21
late , or require the registration of a radioactive material or

22
other source of ionizing radiation.

23
Sec. 13535. A person who violates this part or a rule

24
promulgated under this part or who fails to obtain or comply with

25
conditions of licensure or registration under this part is

26
guilty of a misdemeanor, punishable by imprisonment for not more

27
than 180 days, or a fine of not more than $10,000.00, or both. A

05451'01 10

1
court may fine a person not more than $2,000.00 for each

2
violation of this part. Each day a violation continues shall

3
be IS a separate violation.

4
Sec. 13536. If, after thorough investigation by the

5
department, it is the judgment of the department that a person

6
has engaged in or is about to engage in an act or practice

7
which THAT constitutes a violation of this part or OF a rule or

8
order PROMULGATED OR ISSUED UNDER THIS PART, the attorney gener-

9
al, at the request of the department, shall make application

10
APPLY to the appropriate circuit court for an order enjoining the

11
act or practice or for an order directing compliance with this

12
part or a rule or order PROMULGATED OR issued pursuant to UNDER

13
this part.

14
PART 135A. RADIATION MACHINE CONTROL

15
SEC. 13551. (1) AS USED IN THIS PART:

16
(A) "IONIZING RADIATION" MEANS GAMMA RAYS AND X-RAYS, ALPHA

17
PARTICLES, BETA PARTICLES, HIGH SPEED ELECTRONS, NEUTRONS, PRO-

18
TONS, HIGH SPEED IONS, AND OTHER HIGH SPEED NUCLEAR PARTICLES.

19
(B) "MAMMOGRAPHY" MEANS RADIOGRAPHY OF THE BREAST FOR THE

20
PURPOSE OF ENABLING A PHYSICIAN TO DETERMINE THE PRESENCE, SIZE,

21
LOCATION, AND EXTENT OF CANCEROUS OR POTENTIALLY CANCEROUS TISSUE

22
IN THE BREAST.

23
(C) "MAMMOGRAPHY AUTHORIZATION" MEANS AUTHORIZATION UNDER

24
SECTION 13573 TO USE A RADIATION MACHINE FOR MAMMOGRAPHY.

25
(D) "MAMMOGRAPHY INTERPRETING PHYSICIAN" MEANS A PHYSICIAN

26
WHO MEETS THE REQUIREMENTS SET FORTH IN SECTION 13573(2)(G) AND

05451'01 11

1
IS RESPONSIBLE FOR EVALUATING AND INTERPRETING MAMMOGRAPHIC

2
IMAGES.

3
(E) "MAMMOGRAPHY SYSTEM" MEANS THE RADIATION MACHINE USED

4
FOR MAMMOGRAPHY; AUTOMATIC EXPOSURE CONTROL DEVICES; IMAGING SYS-

5
TEMS; IMAGE PROCESSOR; DARKROOM; AND VIEWBOXES.

6
(F) "NON-IONIZING RADIATION" MEANS SOUND WAVES, RADAR WAVES,

7
MICROWAVES, RADIO FREQUENCY FIELDS, MAGNETIC FIELDS, AND VISIBLE,

8
INFRARED, OR ULTRAVIOLET LIGHT.

9
(G) "NON-IONIZING RADIATION DEVICE" MEANS A MACHINE OR

10
DEVICE THAT PRODUCES NON-IONIZING RADIATION IN INTENSITIES OR

11
FREQUENCIES SUBJECT TO REGULATION BY DEPARTMENT RULE.

12
(H) "PERSON" MEANS A PERSON AS DEFINED IN SECTION 1106 OR A

13
GOVERNMENTAL ENTITY.

14
(I) "RADIATION MACHINE" MEANS A MACHINE OR DEVICE THAT

15
PRODUCES IONIZING RADIATION IN ENERGIES OR INTENSITIES SUBJECT TO

16
REGULATION BY DEPARTMENT RULE.

17
(J) "RADIOGRAPHY" MEANS THE MAKING OF A FILM OR OTHER RECORD

18
OF AN INTERNAL STRUCTURE OF THE BODY BY PASSING X-RAYS THROUGH

19
THE BODY TO ACT ON FILM OR OTHER IMAGE RECEPTOR.

20
(K) "REGISTRATION" MEANS REGISTRATION OF A RADIATION MACHINE

21
IN WRITING WITH THE DEPARTMENT.

22
(2) IN ADDITION, ARTICLE 1 CONTAINS GENERAL DEFINITIONS AND

23
PRINCIPLES OF CONSTRUCTION APPLICABLE TO ALL ARTICLES IN THIS

24
CODE.

25
SEC. 13555. A PERSON SHALL NOT MANUFACTURE, PRODUCE, TRANS-

26
PORT, TRANSFER, DISPOSE OF, ACQUIRE, OWN, POSSESS, OR USE A

27
RADIATION MACHINE UNLESS THE RADIATION MACHINE IS REGISTERED OR

05451'01 12

1
EXEMPTED BY THIS PART OR BY THE DEPARTMENT IN ACCORDANCE WITH

2
RULES PROMULGATED BY THE DEPARTMENT UNDER THIS PART.

3
SEC. 13556. SECTIONS 13555 AND 13565 TO 13586 DO NOT APPLY

4
TO THE FOLLOWING SOURCES OR CONDITIONS, EXCEPT AS NOTED:

5
(A) ELECTRICAL OR OTHER EQUIPMENT OR MATERIAL NOT INTENDED

6
PRIMARILY TO PRODUCE RADIATION WHICH, BY NATURE OF DESIGN, DOES

7
NOT PRODUCE RADIATION AT THE POINT OF NEAREST APPROACH AT A

8
WEEKLY RATE HIGHER THAN 1/10 THE APPROPRIATE LIMIT GENERALLY

9
ACCEPTED BY THE MEDICAL PROFESSION FOR ANY CRITICAL ORGAN

10
EXPOSED. THE PRODUCTION TESTING OR PRODUCTION SERVICING OF THE

11
EQUIPMENT IS NOT EXEMPT.

12
(B) A RADIATION MACHINE DURING PROCESS OF MANUFACTURE OR IN

13
STORAGE OR TRANSIT. THE PRODUCTION TESTING OR PRODUCTION SERVIC-

14
ING OF THE RADIATION MACHINE IS NOT EXEMPT.

15
(C) NON-IONIZING RADIATION SOURCES OR DEVICES, UNLESS SPE-

16
CIFICALLY ADDRESSED BY RULE PROMULGATED BY THE DEPARTMENT UNDER

17
THIS PART.

18
SEC. 13561. (1) THE GOVERNOR MAY ENTER INTO AGREEMENTS WITH

19
THE FEDERAL GOVERNMENT, OTHER STATES, OR INTERSTATE AGENCIES,

20
WHEREBY THE DEPARTMENT SHALL PERFORM FOR OR ON A COOPERATIVE

21
BASIS WITH THE FEDERAL GOVERNMENT, OTHER STATES, OR INTERSTATE

22
AGENCIES INSPECTIONS OR OTHER FUNCTIONS RELATING TO CONTROL OF

23
RADIATION MACHINES.

24
(2) AN AGREEMENT ENTERED INTO UNDER SUBSECTION (1) DOES NOT

25
TRANSFER, DELEGATE, OR IMPOSE UPON THE DEPARTMENT ANY POWER,

26
AUTHORITY, OR RESPONSIBILITY THAT IS NOT FULLY CONSISTENT WITH

27
THIS PART.

05451'01 13

1
SEC. 13565. (1) THE DEPARTMENT IS DESIGNATED AS THE

2
RADIATION MACHINE CONTROL AGENCY OF THIS STATE.

3
(2) PURSUANT TO RULES PROMULGATED UNDER THIS PART, THE

4
DEPARTMENT SHALL REQUIRE REGISTRATION OF RADIATION MACHINES.

5
(3) THE DEPARTMENT SHALL DEVELOP AND CONDUCT PROGRAMS FOR

6
EVALUATION AND CONTROL OF HAZARDS ASSOCIATED WITH THE USE OF

7
RADIATION MACHINES.

8
(4) THE DEPARTMENT MAY DEVELOP AND CONDUCT PROGRAMS FOR

9
EVALUATION AND CONTROL OF HAZARDS ASSOCIATED WITH THE USE OF

10
NON-IONIZING RADIATION DEVICES.

11
SEC. 13566. IF THE DEPARTMENT FINDS THAT AN EMERGENCY

12
EXISTS REQUIRING IMMEDIATE ACTION TO PROTECT OCCUPATIONAL OR

13
PUBLIC HEALTH AND SAFETY, THE DEPARTMENT SHALL ISSUE AN ORDER,

14
WITH OR WITHOUT NOTICE OR HEARING, RECITING THE EXISTENCE OF THE

15
EMERGENCY AND PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH

16
AND SAFETY. NOTWITHSTANDING THIS ACT OR THE ADMINISTRATIVE PRO-

17
CEDURES ACT OF 1969, THE ORDER IS EFFECTIVE IMMEDIATELY. A

18
PERSON TO WHOM THE ORDER IS DIRECTED SHALL COMPLY WITH THE ORDER

19
IMMEDIATELY. HOWEVER, UPON REQUEST, THE DEPARTMENT SHALL GRANT

20
THE PERSON A HEARING ON THE ORDER OR ON AN ISSUE CONCERNING THE

21
ORDER WITHIN 15 DAYS AFTER RECEIPT OF THE REQUEST. ON THE BASIS

22
OF THE FINDINGS OF FACT AND CONCLUSIONS OF LAW MADE AT THE HEAR-

23
ING, THE DEPARTMENT SHALL CONTINUE, MODIFY, OR REVOKE THE ORDER

24
WITHIN 30 DAYS AFTER THE HEARING.

25
SEC. 13567. (1) THE DEPARTMENT MAY ENTER AT ALL REASONABLE

26
TIMES UPON PRIVATE OR PUBLIC PROPERTY UPON WHICH RADIATION

27
MACHINES ARE REASONABLY BELIEVED TO BE LOCATED, WITH THE

05451'01 14

1
PERMISSION OF THE OWNER OR CUSTODIAN OF THE PROPERTY, TO

2
DETERMINE IF THE RADIATION MACHINE IS IN COMPLIANCE WITH THIS

3
PART AND THE RULES PROMULGATED UNDER THIS PART.

4
(2) IF THE DEPARTMENT HAS PROBABLE CAUSE TO BELIEVE THAT A

5
VIOLATION OF THIS PART OR A RULE PROMULGATED UNDER THIS PART IS

6
BEING COMMITTED ON PRIVATE OR PUBLIC PROPERTY OR THAT THERE

7
EXISTS ON THE PROPERTY EVIDENCE OF SUCH A VIOLATION, AND PERMIS-

8
SION TO ENTER ON THE PROPERTY IS DENIED BY THE OWNER OR CUSTODIAN

9
OF THE PROPERTY, THE DEPARTMENT MAY MAKE AN AFFIDAVIT FOR A

10
SEARCH WARRANT UNDER 1966 PA 189, MCL 780.651 TO 780.659. THE

11
SEARCH WARRANT ISSUED TO THE DEPARTMENT UNDER 1966 PA 189, MCL

12
780.651 TO 780.659, WILL COMMAND THE SHERIFF OR A LAW ENFORCEMENT

13
OFFICER, WITH THE AID OF THE DEPARTMENT, TO SEARCH THE PROPERTY

14
AND SEIZE THE RADIATION MACHINE THAT IS POSSESSED, CONTROLLED, OR

15
USED WHOLLY OR PARTIALLY IN VIOLATION OF THIS PART OR A RULE

16
PROMULGATED UNDER THIS PART, OR EVIDENCE OF A VIOLATION OF THIS

17
PART OR A RULE PROMULGATED UNDER THIS PART.

18
SEC. 13571. (1) THE DEPARTMENT SHALL PROMULGATE RULES PRO-

19
VIDING FOR THE REGISTRATION OF RADIATION MACHINES. THE DEPART-

20
MENT MAY PROMULGATE RULES FOR THE REGISTRATION OF NON-IONIZING

21
RADIATION DEVICES. IN PROMULGATING RULES UNDER THIS SUBSECTION,

22
THE DEPARTMENT MAY ESTABLISH REQUIREMENTS FOR EXEMPTION FROM REG-

23
ISTRATION, RECORD KEEPING, PERMISSIBLE LEVELS OF EXPOSURE, NOTI-

24
FICATION AND REPORTS OF ACCIDENTS, PROTECTIVE MEASURES, TECHNICAL

25
QUALIFICATIONS OF PERSONNEL, HANDLING, POSTING AND LABELING OF

26
HAZARDOUS MACHINES, DEVICES, AND AREAS, SURVEYS, AND MONITORING.

05451'01 15

1
(2) IN PROMULGATING RULES UNDER SUBSECTION (1), THE

2
DEPARTMENT SHALL NOT LIMIT THE INTENTIONAL EXPOSURE OF A PATIENT

3
TO RADIATION FOR THE PURPOSE OF LAWFUL THERAPY OR RESEARCH CON-

4
DUCTED BY A LICENSED HEALTH PROFESSIONAL.

5
(3) THE DEPARTMENT SHALL PROMULGATE RULES SPECIFYING THE

6
MINIMUM TRAINING AND PERFORMANCE STANDARDS FOR AN INDIVIDUAL

7
USING A RADIATION MACHINE FOR MAMMOGRAPHY AS SET FORTH IN SECTION

8
13573.

9
(4) THE DEPARTMENT SHALL PROMULGATE RULES SPECIFYING THE

10
MINIMUM TRAINING AND PERFORMANCE STANDARDS FOR AN INDIVIDUAL

11
USING A RADIATION MACHINE FOR HUMAN SCREENING OR FOR DIAGNOSTIC

12
OR THERAPEUTIC PURPOSES.

13
SEC. 13572. (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SUB-

14
SECTION, THE DEPARTMENT MAY PROMULGATE RULES TO ESTABLISH A

15
SCHEDULE OF FEES TO BE PAID BY AN APPLICANT FOR THE REGISTRATION

16
OF A RADIATION MACHINE OR A NON-IONIZING RADIATION DEVICE. THE

17
REGISTRATION OR REGISTRATION RENEWAL FEE FOR A RADIATION MACHINE

18
REGISTERED UNDER THIS PART IS $45.00 FOR THE FIRST VETERINARY OR

19
DENTAL X-RAY OR ELECTRON TUBE AND $25.00 FOR EACH ADDITIONAL VET-

20
ERINARY OR DENTAL X-RAY OR ELECTRON TUBE ANNUALLY, OR $75.00

21
ANNUALLY PER NONVETERINARY OR NONDENTAL X-RAY OR ELECTRON TUBE.

22
THE DEPARTMENT SHALL NOT ASSESS A FEE FOR THE AMENDMENT OF A

23
RADIATION MACHINE REGISTRATION CERTIFICATE. IN ADDITION, THE

24
DEPARTMENT SHALL ASSESS A FEE OF $100.00 FOR EACH FOLLOW-UP

25
INSPECTION DUE TO NONCOMPLIANCE DURING THE SAME YEAR. THE

26
DEPARTMENT MAY ACCEPT A WRITTEN CERTIFICATION FROM THE REGISTRANT

27
THAT THE ITEMS OF NONCOMPLIANCE HAVE BEEN CORRECTED INSTEAD OF

05451'01 16

1
PERFORMING A FOLLOW-UP INSPECTION. IF THE DEPARTMENT DOES NOT

2
INSPECT A RADIATION MACHINE OR NON-IONIZING RADIATION DEVICE FOR

3
A PERIOD OF 5 CONSECUTIVE YEARS, THE REGISTRANT OF THE RADIATION

4
MACHINE OR NON-IONIZING RADIATION DEVICE DOES NOT HAVE TO PAY

5
FURTHER REGISTRATION FEES AS TO THAT RADIATION MACHINE OR

6
NON-IONIZING RADIATION DEVICE UNTIL THE FIRST REGISTRATION

7
RENEWAL DATE FOLLOWING THE TIME AN INSPECTION OF THE RADIATION

8
MACHINE OR NON-IONIZING RADIATION DEVICE IS MADE.

9
(2) A FEE COLLECTED UNDER THIS PART SHALL BE DEPOSITED IN

10
THE STATE TREASURY AND CREDITED TO THE GENERAL FUND OF THIS

11
STATE.

12
(3) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4), THE

13
DEPARTMENT SHALL ASSESS THE FOLLOWING NONREFUNDABLE FEES IN CON-

14
NECTION WITH MAMMOGRAPHY AUTHORIZATION:

15
(A) INSPECTION, PER RADIATION MACHINE........... $ 100.00

16
(B) REINSPECTION FOR REINSTATEMENT OF MAMMOGRA-

17
PHY AUTHORIZATION, PER RADIATION MACHINE............. $ 100.00

18
(C) DEPARTMENT EVALUATION OF COMPLIANCE WITH

19
SECTION 13573(2)(A), PER RADIATION MACHINE........... $ 700.00

20
(D) EACH REEVALUATION OF A RADIATION MACHINE DUE

21
TO FAILURE DURING THE PREVIOUS EVALUATION, RELOCATION

22
OF THE RADIATION MACHINE, OR SIMILAR CHANGES THAT

23
COULD AFFECT EARLIER EVALUATION RESULTS.............. $ 300.00.

24
(4) IF AN APPLICANT FOR MAMMOGRAPHY AUTHORIZATION SUBMITS AN

25
EVALUATION REPORT ISSUED BY THE AMERICAN COLLEGE OF RADIOLOGY

26
THAT EVIDENCES COMPLIANCE WITH SECTION 13573(2)(A), THE

05451'01 17

1
DEPARTMENT SHALL WAIVE THE FEE UNDER SUBSECTION (3) FOR

2
DEPARTMENT EVALUATION OF COMPLIANCE WITH THAT PROVISION.

3
(5) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS (1) AND (4),

4
THE DEPARTMENT SHALL NOT WAIVE A FEE REQUIRED UNDER THIS

5
SECTION.

6
(6) THE DEPARTMENT SHALL ADJUST ON AN ANNUAL BASIS THE FEES

7
PRESCRIBED BY SUBSECTIONS (1) AND (3) BY AN AMOUNT DETERMINED BY

8
THE STATE TREASURER TO REFLECT THE CUMULATIVE ANNUAL PERCENTAGE

9
CHANGE IN THE DETROIT CONSUMER PRICE INDEX, NOT TO EXCEED 5%. AS

10
USED IN THIS SUBSECTION, "DETROIT CONSUMER PRICE INDEX" MEANS THE

11
MOST COMPREHENSIVE INDEX OF CONSUMER PRICES AVAILABLE FOR THE

12
DETROIT AREA FROM THE BUREAU OF LABOR STATISTICS OF THE UNITED

13
STATES DEPARTMENT OF LABOR.

14
SEC. 13573. (1) A PERSON SHALL NOT USE A RADIATION MACHINE

15
TO PERFORM MAMMOGRAPHY UNLESS THE RADIATION MACHINE IS REGISTERED

16
WITH THE DEPARTMENT UNDER DEPARTMENT RULES FOR REGISTRATION OF

17
RADIATION MACHINES AND IS SPECIFICALLY AUTHORIZED UNDER THIS SEC-

18
TION FOR USE FOR MAMMOGRAPHY.

19
(2) THE DEPARTMENT SHALL AUTHORIZE A RADIATION MACHINE FOR

20
USE FOR MAMMOGRAPHY IF THE RADIATION MACHINE, THE PERSONNEL OPER-

21
ATING THE RADIATION MACHINE, AND THE FACILITY IN WHICH THE RADI-

22
ATION MACHINE IS USED MEET ALL OF THE FOLLOWING STANDARDS:

23
(A) THE RADIATION MACHINE AND THE FACILITY IN WHICH THE

24
RADIATION MACHINE IS USED MEET THE CRITERIA FOR THE AMERICAN COL-

25
LEGE OF RADIOLOGY MAMMOGRAPHY ACCREDITATION PROGRAM DATED AUGUST,

26
1993 AND AMENDED 1995 (RES. 24, 53) AND PUBLISHED BY THE AMERICAN

27
COLLEGE OF RADIOLOGY IN THE DOCUMENTS ENTITLED "ACR STANDARDS FOR

05451'01 18

1
THE PERFORMANCE OF SCREENING MAMMOGRAPHY", WHICH DOCUMENTS AND

2
CRITERIA ARE INCORPORATED BY REFERENCE, EXCLUDING THE PHYSICIAN

3
INTERPRETER AND THE ACCREDITATION FEE SCHEDULE. THE DEPARTMENT

4
SHALL MAKE COPIES OF THOSE CRITERIA AVAILABLE TO THE PUBLIC AND

5
MAY BY RULE ADOPT MODIFIED CRITERIA. THE DEPARTMENT MAY ACCEPT

6
AN EVALUATION REPORT ISSUED BY THE AMERICAN COLLEGE OF RADIOLOGY

7
AS EVIDENCE THAT A RADIATION MACHINE, THE PERSONNEL OPERATING THE

8
RADIATION MACHINE, AND THE FACILITY IN WHICH THE RADIATION

9
MACHINE IS USED MEET THOSE CRITERIA. IF AT ANY TIME THE DEPART-

10
MENT DETERMINES THAT IT WILL NOT ACCEPT ANY EVALUATION REPORTS

11
ISSUED BY THE AMERICAN COLLEGE OF RADIOLOGY AS EVIDENCE THAT A

12
RADIATION MACHINE, THE PERSONNEL OPERATING THE RADIATION MACHINE,

13
AND THE FACILITY IN WHICH THE RADIATION MACHINE IS USED MEET

14
THOSE CRITERIA, THE DEPARTMENT SHALL PROMPTLY NOTIFY EACH PERSON

15
WHO HAS REGISTERED A RADIATION MACHINE USED EXCLUSIVELY TO PER-

16
FORM MAMMOGRAPHY UNDER THIS PART AND THE RULES PROMULGATED UNDER

17
THIS PART.

18
(B) THE RADIATION MACHINE, THE FILM OR OTHER IMAGE RECEPTOR

19
USED IN THE RADIATION MACHINE, AND THE FACILITY IN WHICH THE

20
RADIATION MACHINE IS USED MEET THE REQUIREMENTS SET FORTH IN

21
DEPARTMENT RULES FOR RADIATION MACHINES.

22
(C) THE RADIATION MACHINE IS SPECIFICALLY DESIGNED TO PER-

23
FORM MAMMOGRAPHY.

24
(D) THE FACILITY IN WHICH THE RADIATION MACHINE IS USED DOES

25
ALL OF THE FOLLOWING:

26
(i) AT LEAST ANNUALLY HAS A QUALIFIED RADIATION PHYSICIST

27
PROVIDE ON-SITE CONSULTATION TO THE FACILITY, INCLUDING, BUT NOT

05451'01 19

1
LIMITED TO, A COMPLETE EVALUATION OF THE ENTIRE MAMMOGRAPHY

2
SYSTEM TO ENSURE COMPLIANCE WITH THIS PART AND THE RULES PROMUL-

3
GATED UNDER THIS PART.

4
(ii) MAINTAINS FOR AT LEAST 7 YEARS RECORDS OF THE CONSULTA-

5
TION REQUIRED IN SUBPARAGRAPH (i) AND THE FINDINGS OF THE

6
CONSULTATION.

7
(iii) DESIGNATES AN ALLOPATHIC PHYSICIAN OR AN OSTEOPATHIC

8
PHYSICIAN LICENSED UNDER ARTICLE 15 AS THE LEAD INTERPRETING

9
PHYSICIAN. THE DESIGNATED PHYSICIAN IS RESPONSIBLE FOR THE CLIN-

10
ICAL ASPECTS OF THE X-RAY EXAMINATIONS AND OTHER PROCEDURES

11
RELATED TO MAMMOGRAPHY. THE PHYSICIAN DESIGNATED UNDER THIS SUB-

12
PARAGRAPH IS ALSO RESPONSIBLE FOR CONDUCTING AN ON-SITE VISIT TO

13
EACH MAMMOGRAPHY STATION WITHIN THE FACILITY AT LEAST MONTHLY FOR

14
THE PURPOSE OF PROVIDING PROFESSIONAL FEEDBACK REGARDING CLINICAL

15
IMAGE QUALITY AND QUALITY ASSURANCE PROCEDURES, FOR REVIEW OF

16
QUALITY CONTROL DOCUMENTATION, AND FOR ENSURING THAT SAFE OPERAT-

17
ING PROCEDURES ARE USED IN THE DELIVERY OF MAMMOGRAPHIC

18
SERVICES. IF THE PHYSICIAN DESIGNATED UNDER THIS SUBPARAGRAPH

19
PRACTICES PRIMARILY OUTSIDE OF THE FACILITY, THE PHYSICIAN SHALL

20
KEEP A LOG OF EACH ON-SITE VISIT SIGNED BY THE PHYSICIAN. THE

21
CHIEF ADMINISTRATIVE OFFICER OF THE FACILITY OR HIS OR HER DESIG-

22
NEE MAY REQUEST TO VIEW THE LOG AT ANY TIME. THE PHYSICIAN DES-

23
IGNATED UNDER THIS SUBPARAGRAPH SHALL MEET THE REQUIREMENTS OF

24
SUBDIVISION (G)(i) AND (v).

25
(iv) SUBMITS, AS PART OF THE APPLICATION FOR AUTHORIZATION

26
AND SUBSEQUENT RENEWALS, EVIDENCE OF A SURETY BOND, SECURED TRUST

27
FUND, OR OTHER SUITABLE SECURED INSTRUMENT OR MECHANISM THAT IS

05451'01 20

1
APPROVED BY THE DEPARTMENT AND THAT INSURES PROPER PATIENT

2
MAMMOGRAPHY RECORD AND FILM HANDLING AND TRANSFER IN THE EVENT OF

3
FACILITY CLOSURE. THE FACILITY SHALL ATTEST THAT THE METHOD OF

4
COVERAGE CHOSEN WILL COMPLETELY COVER ALL COSTS INVOLVED AND WILL

5
BE ADJUSTED, AS NEEDED, ACCORDINGLY.

6
(E) THE RADIATION MACHINE IS USED ACCORDING TO DEPARTMENT

7
RULES ON PATIENT RADIATION EXPOSURE AND RADIATION DOSE LEVELS.

8
(F) EACH INDIVIDUAL WHO OPERATES THE RADIATION MACHINE CAN

9
DEMONSTRATE TO THE DEPARTMENT THAT HE OR SHE IS SPECIFICALLY

10
TRAINED IN MAMMOGRAPHY AND MEETS THE STANDARDS REQUIRED BY THE

11
RULES PROMULGATED UNDER SECTION 13571(3) OR IS AN ALLOPATHIC PHY-

12
SICIAN OR AN OSTEOPATHIC PHYSICIAN.

13
(G) THE X-RAY IMAGES OF EACH MAMMOGRAPHIC EXAMINATION PER-

14
FORMED WITH THE RADIATION MACHINE ARE INTERPRETED BY A MAMMOGRA-

15
PHY INTERPRETING PHYSICIAN WHO IS AN ALLOPATHIC PHYSICIAN OR AN

16
OSTEOPATHIC PHYSICIAN LICENSED UNDER ARTICLE 15 AND WHO MEETS ALL

17
OF THE FOLLOWING REQUIREMENTS:

18
(i) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBPARAGRAPH, IS

19
CERTIFIED IN RADIOLOGY OR DIAGNOSTIC RADIOLOGY BY THE AMERICAN

20
BOARD OF RADIOLOGY OR THE AMERICAN OSTEOPATHIC BOARD OF RADIOLO-

21
GY, HAS BEEN ELIGIBLE FOR CERTIFICATION IN RADIOLOGY OR DIAGNOS-

22
TIC RADIOLOGY FOR NOT MORE THAN 3 YEARS, OR IS CERTIFIED OR

23
DETERMINED TO BE QUALIFIED IN RADIOLOGY OR DIAGNOSTIC RADIOLOGY

24
BY ANOTHER PROFESSIONAL ORGANIZATION APPROVED BY THE DEPARTMENT.

25
(ii) SHALL HAVE SUCCESSFULLY COMPLETED NOT LESS THAN 3

26
MONTHS OF FORMAL TRAINING IN READING MAMMOGRAMS WITH INSTRUCTION

27
IN MEDICAL RADIATION PHYSICS, RADIATION EFFECTS, AND RADIATION

05451'01 21

1
PROTECTION AND HAS DOCUMENTATION OF SUCCESSFUL COMPLETION OF THE

2
TRAINING THAT IS SATISFACTORY TO THE DEPARTMENT. FOR PURPOSES OF

3
THIS SUBPARAGRAPH, THE DEPARTMENT MAY ACCEPT TIME SPENT IN A RES-

4
IDENCY PROGRAM THAT INCLUDES SPECIFIC TRAINING IN MAMMOGRAPHY IF

5
THE INDIVIDUAL HAS DOCUMENTATION OF THE RESIDENCY PROGRAM THAT IS

6
SATISFACTORY TO THE DEPARTMENT.

7
(iii) SHALL HAVE INITIAL TRAINING THAT INCLUDES DOCUMENTED

8
INTERPRETATION OF NOT LESS THAN 240 MAMMOGRAPHIC EXAMINATIONS IN

9
THE 6 MONTHS IMMEDIATELY PRECEDING THE PERFORMANCE OF INDEPENDENT

10
INTERPRETATION.

11
(iv) SHALL HAVE INTERPRETED OR MULTI-READ NOT LESS THAN 960

12
MAMMOGRAPHIC EXAMINATIONS DURING THE 24 MONTHS IMMEDIATELY PRE-

13
CEDING THE DATE OF THE MAMMOGRAPHY FACILITY'S ANNUAL INSPECTION

14
OR THE LAST DAY OF THE CALENDAR QUARTER PRECEDING THAT INSPEC-

15
TION, OR ANY DAY IN BETWEEN THOSE 2 DAYS. THE MAMMOGRAPHY FACIL-

16
ITY SHALL CHOOSE 1 OF THE 3 DATES TO DETERMINE THE 24-MONTH

17
PERIOD OF THIS SUBPARAGRAPH.

18
(v) SHALL SUCCESSFULLY COMPLETE OR TEACH NOT LESS THAN 15

19
HOURS OF CONTINUING MEDICAL EDUCATION EVERY 3 YEARS AFTER THE

20
EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS PART IN THE

21
TECHNICAL ASPECTS OR CLINICAL ASPECTS, OR BOTH, OF MAMMOGRAPHY IN

22
COURSES OR PROGRAMS APPROVED BY THE INDIVIDUAL'S RESPECTIVE SPE-

23
CIALTY ORGANIZATION AND LICENSING BOARD AND HAS DOCUMENTATION OF

24
SUCCESSFUL COMPLETION OR TEACHING THAT IS SATISFACTORY TO THE

25
DEPARTMENT.

05451'01 22

1
(vi) MAINTAINS ANNUAL RECORDS CONCERNING OUTCOME DATA FOR

2
CORRELATION OF POSITIVE MAMMOGRAMS TO BIOPSIES DONE, AND THE

3
NUMBER OF CANCERS DETECTED.

4
(3) THE DEPARTMENT MAY ISSUE A NONRENEWABLE TEMPORARY AUTHO-

5
RIZATION FOR A RADIATION MACHINE FOR USE FOR MAMMOGRAPHY IF ADDI-

6
TIONAL TIME IS NEEDED TO ALLOW SUBMISSION OF EVIDENCE SATISFAC-

7
TORY TO THE DEPARTMENT THAT THE RADIATION MACHINE, THE PERSONNEL

8
OPERATING THE RADIATION MACHINE, AND THE FACILITY IN WHICH THE

9
RADIATION MACHINE IS USED MEET THE STANDARDS SET FORTH IN

10
SUBSECTION (2) FOR APPROVAL FOR MAMMOGRAPHY. A TEMPORARY AUTHO-

11
RIZATION GRANTED UNDER THIS SUBSECTION IS EFFECTIVE FOR NO MORE

12
THAN 12 MONTHS. THE DEPARTMENT MAY WITHDRAW A TEMPORARY AUTHORI-

13
ZATION BEFORE ITS EXPIRATION IF THE RADIATION MACHINE, THE PER-

14
SONNEL OPERATING THE RADIATION MACHINE, OR THE FACILITY IN WHICH

15
THE RADIATION MACHINE IS USED DOES NOT MEET 1 OR MORE OF THE

16
STANDARDS SET FORTH IN SUBSECTION (2).

17
(4) TO OBTAIN AUTHORIZATION FROM THE DEPARTMENT TO USE A

18
RADIATION MACHINE FOR MAMMOGRAPHY, THE PERSON WHO OWNS OR LEASES

19
THE RADIATION MACHINE OR AN AUTHORIZED AGENT OF THE PERSON SHALL

20
APPLY TO THE DEPARTMENT FOR MAMMOGRAPHY AUTHORIZATION ON AN

21
APPLICATION FORM PROVIDED BY THE DEPARTMENT AND SHALL PROVIDE ALL

22
OF THE INFORMATION REQUIRED BY THE DEPARTMENT AS SPECIFIED ON THE

23
APPLICATION FORM. A PERSON WHO OWNS OR LEASES MORE THAN 1 RADI-

24
ATION MACHINE USED FOR MAMMOGRAPHY SHALL OBTAIN AUTHORIZATION FOR

25
EACH RADIATION MACHINE. THE DEPARTMENT SHALL PROCESS AND RESPOND

26
TO AN APPLICATION WITHIN 30 DAYS AFTER THE DATE OF RECEIPT OF THE

27
APPLICATION. UPON DETERMINING TO GRANT MAMMOGRAPHY AUTHORIZATION

05451'01 23

1
FOR A RADIATION MACHINE, THE DEPARTMENT SHALL ISSUE A CERTIFICATE

2
OF REGISTRATION SPECIFYING MAMMOGRAPHY AUTHORIZATION FOR EACH

3
AUTHORIZED RADIATION MACHINE. A MAMMOGRAPHY AUTHORIZATION IS

4
EFFECTIVE FOR 3 YEARS CONTINGENT UPON THE RADIATION MACHINE FOR

5
WHICH THE MAMMOGRAPHY AUTHORIZATION IS ISSUED, THE PERSONNEL

6
OPERATING THE RADIATION MACHINE, AND THE FACILITY IN WHICH THE

7
RADIATION MACHINE IS OPERATED MEETING 1 OF THE FOLLOWING

8
REQUIREMENTS:

9
(A) MAINTAINING CONTINUED ACCREDITATION BY THE AMERICAN COL-

10
LEGE OF RADIOLOGY.

11
(B) HAVING AN ACTIVE ACCREDITATION APPLICATION IN PROCESS

12
WITH THE AMERICAN COLLEGE OF RADIOLOGY.

13
(C) MAINTAINING APPROVAL OR BEING IN THE PROCESS OF OBTAIN-

14
ING APPROVAL UNDER A DEPARTMENT EVALUATION PROCESS EQUIVALENT TO

15
THAT DESCRIBED IN SUBDIVISIONS (A) AND (B).

16
(5) NO LATER THAN 90 DAYS AFTER INITIAL MAMMOGRAPHY AUTHORI-

17
ZATION OF A RADIATION MACHINE UNDER THIS SECTION, THE DEPARTMENT

18
SHALL INSPECT THE RADIATION MACHINE. AFTER THAT INITIAL INSPEC-

19
TION, THE DEPARTMENT SHALL ANNUALLY INSPECT THE RADIATION MACHINE

20
AND MAY INSPECT THE RADIATION MACHINE MORE FREQUENTLY. THE

21
DEPARTMENT SHALL MAKE REASONABLE EFFORTS TO COORDINATE THE

22
INSPECTIONS UNDER THIS SECTION WITH THE DEPARTMENT'S OTHER

23
INSPECTIONS OF THE FACILITY IN WHICH THE RADIATION MACHINE IS

24
LOCATED.

25
(6) AFTER EACH SATISFACTORY INSPECTION BY THE DEPARTMENT,

26
THE DEPARTMENT SHALL ISSUE A CERTIFICATE OF RADIATION MACHINE

27
INSPECTION OR A SIMILAR DOCUMENT IDENTIFYING THE FACILITY AND

05451'01 24

1
RADIATION MACHINE INSPECTED AND PROVIDING A RECORD OF THE DATE

2
THE RADIATION MACHINE WAS INSPECTED. THE FACILITY SHALL POST THE

3
CERTIFICATE OR OTHER DOCUMENT NEAR THE INSPECTED RADIATION

4
MACHINE.

5
(7) THE DEPARTMENT MAY WITHDRAW THE MAMMOGRAPHY AUTHORIZA-

6
TION FOR A RADIATION MACHINE IF IT DOES NOT MEET 1 OR MORE OF THE

7
STANDARDS SET FORTH IN SUBSECTION (2).

8
(8) THE DEPARTMENT SHALL PROVIDE AN OPPORTUNITY FOR A HEAR-

9
ING IN CONNECTION WITH A DENIAL OR WITHDRAWAL OF MAMMOGRAPHY

10
AUTHORIZATION.

11
(9) UPON A FINDING THAT A DEFICIENCY IN A RADIATION MACHINE

12
USED FOR MAMMOGRAPHY OR A VIOLATION OF THIS PART OR THE RULES

13
PROMULGATED UNDER THIS PART SERIOUSLY AFFECTS THE HEALTH, SAFETY,

14
AND WELFARE OF INDIVIDUALS UPON WHOM THE RADIATION MACHINE IS

15
USED FOR MAMMOGRAPHY, THE DEPARTMENT MAY ISSUE AN EMERGENCY ORDER

16
SUMMARILY WITHDRAWING THE MAMMOGRAPHY AUTHORIZATION FOR THE RADI-

17
ATION MACHINE. THE DEPARTMENT SHALL INCORPORATE ITS FINDINGS IN

18
THE ORDER AND SHALL PROVIDE AN OPPORTUNITY FOR A HEARING WITHIN 5

19
WORKING DAYS AFTER ISSUANCE OF THE ORDER. THE ORDER IS EFFECTIVE

20
DURING THE PROCEEDINGS.

21
(10) IF THE DEPARTMENT WITHDRAWS THE MAMMOGRAPHY AUTHORIZA-

22
TION FOR A RADIATION MACHINE, THE RADIATION MACHINE SHALL NOT BE

23
USED FOR MAMMOGRAPHY. AN APPLICATION FOR REINSTATEMENT OF A MAM-

24
MOGRAPHY AUTHORIZATION SHALL BE FILED AND PROCESSED IN THE SAME

25
MANNER AS AN APPLICATION FOR MAMMOGRAPHY AUTHORIZATION UNDER SUB-

26
SECTION (4), EXCEPT THAT THE DEPARTMENT SHALL NOT ISSUE A

27
REINSTATED CERTIFICATE OF MAMMOGRAPHY REGISTRATION UNTIL THE

05451'01 25

1
DEPARTMENT RECEIVES THE REINSPECTION FEE REQUIRED UNDER SECTION

2
13572(5), INSPECTS THE RADIATION MACHINE, AND DETERMINES THAT IT

3
MEETS THE STANDARDS SET FORTH IN SUBSECTION (2). THE DEPARTMENT

4
SHALL CONDUCT AN INSPECTION REQUIRED UNDER THIS SUBSECTION NO

5
LATER THAN 60 DAYS AFTER RECEIVING A PROPER APPLICATION FOR REIN-

6
STATEMENT OF A MAMMOGRAPHY AUTHORIZATION.

7
(11) IN ADDITION TO THE PENALTIES PROVIDED IN SECTION 13585

8
AND THE REINSPECTION FEE REQUIRED UNDER SECTION 13572, IF A

9
PERSON VIOLATES SUBSECTION (1), THE DEPARTMENT MAY IMPOSE AN

10
ADMINISTRATIVE FINE AGAINST THE OWNER OF THE RADIATION MACHINE

11
OR, IF A LESSEE OF THE RADIATION MACHINE HAS EFFECTIVE CONTROL OF

12
THE RADIATION MACHINE, THE LESSEE, OF NOT MORE THAN $500.00 FOR

13
EACH CALENDAR WEEK IN WHICH A MAMMOGRAPHY IS PERFORMED IN VIOLA-

14
TION OF SUBSECTION (1). IF A PERSON CONTINUES TO VIOLATE

15
SUBSECTION (1) FOR A PERIOD OF 2 WEEKS AFTER A FINE IS IMPOSED

16
UNDER THIS SUBSECTION, THE DEPARTMENT SHALL POST A CONSPICUOUS

17
NOTICE ON THE UNAUTHORIZED RADIATION MACHINE AND AT THE ENTRY TO

18
THE FACILITY WHERE THE RADIATION MACHINE IS LOCATED WARNING THE

19
PUBLIC THAT THE FACILITY IS PERFORMING MAMMOGRAPHY USING A RADI-

20
ATION MACHINE THAT IS A SUBSTANTIAL HAZARD TO THE PUBLIC HEALTH.

21
(12) THE DEPARTMENT MAY PROMULGATE RULES NECESSARY TO IMPLE-

22
MENT THIS SECTION AFTER CONSULTATION WITH THE IONIZING RADIATION

23
ADVISORY COMMITTEE ESTABLISHED UNDER SECTION 13581.

24
SEC. 13574. (1) A FACILITY IN WHICH A RADIATION MACHINE IS

25
LOCATED SHALL ENSURE THAT ALL INDIVIDUALS, EXCEPT LICENSED MEM-

26
BERS OF THE HEALING ARTS, USING THE RADIATION MACHINE FOR HUMAN

27
SCREENING OR FOR DIAGNOSTIC OR THERAPEUTIC PURPOSES ARE

05451'01 26

1
ADEQUATELY INSTRUCTED IN THE SAFE OPERATING PROCEDURES OF THE

2
RADIATION MACHINE, PURSUANT TO THIS SECTION. THE FACILITY SHALL

3
ENSURE THAT THESE INDIVIDUALS MEET THE SPECIFIC REQUIREMENTS OF

4
THIS SECTION. THE DEPARTMENT MAY USE INTERVIEW, OBSERVATION, OR

5
BOTH, TO DETERMINE COMPLIANCE WITH THIS SECTION. A FACILITY

6
DESCRIBED IN THIS SUBSECTION SHALL MAINTAIN RECORDS IN ORDER TO

7
DEMONSTRATE COMPLIANCE WITH THIS SECTION.

8
(2) LIMITED SCOPE OPERATORS ARE LIMITED IN SCOPE OF PRACTICE

9
TO ONLY THOSE PROCEDURES LISTED IN SUBSECTION (6). LIMITED SCOPE

10
OPERATORS SHALL MEET THE PREREQUISITE QUALIFICATIONS, RECEIVE

11
TRAINING, AND DEMONSTRATE COMPETENCE AS FOLLOWS:

12
(A) SHALL COMPLETE AT LEAST 48 HOURS OF DIDACTIC INSTRUCTION

13
IN A FORMAL PROGRAM, APPROVED BY THE DEPARTMENT, AS PRESCRIBED IN

14
SUBSECTION (7).

15
(B) ACHIEVE A PASSING SCORE OF 70% ON THE CERTIFICATION

16
EXAMINATION FOR THE LIMITED SCOPE OF PRACTICE IN RADIOGRAPHY

17
DEVELOPED BY THE AMERICAN REGISTRY OF RADIOLOGIC TECHNOLOGISTS

18
AND APPROVED BY THE DEPARTMENT IN AT LEAST 1 BUT NO MORE THAN 3

19
OF THE LIMITED SCOPE CATEGORIES OF CHEST, EXTREMITIES,

20
SKULL/SINUS, SPINE, OR PODIATRIC. A FACILITY NEEDING TO PERFORM

21
EXAMINATIONS IN SKULL/SINUS, SPINE, OR PODIATRIC. A FACILITY

22
NEEDING TO PERFORM EXAMINATIONS IN ADDITION TO ANY 3 OF THESE

23
CATEGORIES SHALL EMPLOY A COMPREHENSIVE SCOPE OPERATOR ACCORDING

24
TO SUBSECTION (3). A PASSING SCORE ON THE BASIC CHIROPRACTIC

25
X-RAY TECHNOLOGY EXAMINATION GIVEN THROUGH THE AMERICAN CHIRO-

26
PRACTIC REGISTRY OF RADIOLOGIC TECHNOLOGISTS AND APPROVED BY THE

05451'01 27

1
DEPARTMENT IS CONSIDERED TO MEET THE REQUIREMENTS OF THIS

2
SUBDIVISION FOR LIMITED SCOPE SPINAL RADIOGRAPHY.

3
(C) SHALL COMPETE THE CLINICAL EXPERIENCE REQUIREMENTS IN

4
SUBSECTION (8).

5
(D) INDIVIDUALS WHO HAVE BEEN ACTIVELY WORKING AS A MEDICAL

6
X-RAY OPERATOR FOR AT LEAST 6 MONTHS BEFORE THE EFFECTIVE DATE OF

7
THIS PART ARE EXEMPT FROM THE REQUIREMENTS OF SUBDIVISION (C).

8
THESE INDIVIDUALS SHALL DOCUMENT COMPLETION OF THE DIDACTIC

9
TRAINING REQUIREMENTS IN SUBDIVISION (A) AND THE EXAMINATION

10
REQUIREMENTS IN SUBDIVISION (B) WITHIN 3 YEARS OF THE EFFECTIVE

11
DATE OF THIS PART.

12
(E) SHALL OBTAIN NOT LESS THAN 15 HOURS, IN ANY 3-YEAR

13
PERIOD, OF CONTINUING EDUCATION IN THE TECHNICAL OR CLINICAL, OR

14
BOTH, ASPECTS AND RELATED SUBJECTS OF X-RAY EXAMINATIONS IN THEIR

15
SCOPE OF PRACTICE.

16
(3) COMPREHENSIVE SCOPE OPERATORS ARE NOT LIMITED IN SCOPE

17
OF PRACTICE FOR PERFORMING MEDICAL X-RAY PROCEDURES.

18
COMPREHENSIVE SCOPE OPERATORS MUST MEET THE PREREQUISITE QUALIFI-

19
CATIONS, RECEIVE TRAINING, AND DEMONSTRATE COMPETENCE AS

20
FOLLOWS:

21
(A) SHALL MEET THE STANDARDS FOR ISSUANCE OF A REGISTRATION

22
CERTIFICATE AS A REGISTERED TECHNOLOGIST FROM THE AMERICAN REGIS-

23
TRY OF RADIOLOGIC TECHNOLOGISTS OR OTHER NATIONALLY RECOGNIZED

24
ACCREDITATION BODY. THESE STANDARDS, ENTITLED "RULES AND

25
REGULATIONS", AS REVISED IN FEBRUARY, 1990, AND "BY-LAWS", AS

26
REVISED IN SEPTEMBER, 1989, PUBLISHED BY THE AMERICAN REGISTRY OF

27
RADIOLOGIC TECHNOLOGISTS, ARE INCORPORATED BY REFERENCE. THESE

05451'01 28

1
STANDARDS ARE AVAILABLE FROM THE RADIATION SAFETY SECTION,

2
MICHIGAN DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES, 525 WEST

3
OTTAWA STREET, P.O. BOX 30664, LANSING, MICHIGAN, 48909, AT NO

4
CHARGE. THE STANDARDS ARE ALSO AVAILABLE FROM THE AMERICAN REG-

5
ISTRY OF RADIOLOGIC TECHNOLOGISTS, 1255 NORTHLAND DRIVE, MENDOTA

6
HEIGHTS, MINNESOTA, 55120, AT NO CHARGE. A DETERMINATION BY THE

7
AMERICAN REGISTRY OF RADIOLOGIC TECHNOLOGISTS THAT AN INDIVIDUAL

8
MEETS ITS RESPECTIVE STANDARDS FOR ISSUANCE OF A REGISTRATION

9
CERTIFICATE IS PRIMA FACIE EVIDENCE TO THE DEPARTMENT THAT THE

10
INDIVIDUAL COMPLIES WITH THE STANDARDS.

11
(B) SHALL, IF THE SCOPE OF PRACTICE INCLUDES SPECIALTIES

12
SUCH AS COMPUTED TOMOGRAPHY OR RADIATION THERAPY, MEET THE STAN-

13
DARDS FOR ISSUANCE OF ADVANCED CERTIFICATION IN THAT SPECIALITY

14
FROM THE AMERICAN REGISTRY OF RADIOLOGIC TECHNOLOGISTS, AS

15
APPROVED BY THE DEPARTMENT.

16
(4) DENTAL X-RAY OPERATORS, EXCEPT DENTISTS LICENSED UNDER

17
ARTICLE 15, SHALL MEET THE PREREQUISITE QUALIFICATIONS, RECEIVE

18
TRAINING, AND DEMONSTRATE COMPETENCE AS FOLLOWS:

19
(A) SHALL COMPLETE AT LEAST 36 HOURS OF DIDACTIC INSTRUCTION

20
IN A FORMAL PROGRAM, APPROVED BY THE DEPARTMENT, AS PRESCRIBED IN

21
SUBSECTION (9).

22
(B) GRADUATES OF A DENTAL HYGIENE OR DENTAL ASSISTING PRO-

23
GRAM CERTIFIED BY THE COMMISSION ON DENTAL ACCREDITATION AND

24
APPROVED BY THE DEPARTMENT ARE CONSIDERED TO HAVE MET THE

25
REQUIREMENTS OF SUBDIVISION (A).

26
(C) INDIVIDUALS WHO HAVE BEEN ACTIVELY WORKING AS A DENTAL

27
X-RAY OPERATOR FOR AT LEAST 6 MONTHS BEFORE THE EFFECTIVE DATE OF

05451'01 29

1
THIS PART SHALL DOCUMENT COMPLETION OF THE DIDACTIC TRAINING

2
REQUIREMENTS OF SUBDIVISION (A) OR (B) WITHIN 3 YEARS AFTER THE

3
EFFECTIVE DATE OF THIS PART.

4
(5) VETERINARY X-RAY OPERATORS, UNLESS UNDER THE DIRECT

5
SUPERVISION OF A VETERINARIAN LICENSED UNDER ARTICLE 15, SHALL

6
MEET THE PREREQUISITE QUALIFICATIONS, RECEIVE TRAINING, AND

7
DEMONSTRATE COMPETENCE AS FOLLOWS:

8
(A) SHALL COMPLETE AT LEAST 36 HOURS OF DIDACTIC INSTRUCTION

9
IN A FORMAL PROGRAM APPROVED BY THE DEPARTMENT AS PRESCRIBED IN

10
SUBSECTION (10).

11
(B) INDIVIDUALS WHO HAVE BEEN ACTIVELY WORKING AS A VETERI-

12
NARY X-RAY OPERATOR FOR AT LEAST 6 MONTHS BEFORE THE EFFECTIVE

13
DATE OF THIS PART SHALL DOCUMENT COMPLETION OF THE DIDACTIC

14
TRAINING REQUIREMENTS IN SUBDIVISION (A) WITHIN 3 YEARS AFTER THE

15
EFFECTIVE DATE OF THIS PART.

16
(6) LIMITED SCOPE X-RAY OPERATORS, AS DESCRIBED IN SUBSEC-

17
TION (2), SHALL PERFORM ONLY THE FOLLOWING SPECIFIC X-RAY

18
EXAMINATIONS:

19
(A) THE FOLLOWING X-RAY EXAMINATIONS OF THE EXTREMITIES:

20
(i) HAND AND FINGERS................... PA, LATERAL, OBLIQUE.

21
(ii) WRISTS............................ PA, LATERAL, OBLIQUE.

22
(iii) FOREARM................................... AP, LATERAL.

23
(iv) ELBOW...................................... AP, LATERAL.

24
(v) HUMERUS..................................... AP, LATERAL.

25
(vi) FOOT AND TOES..................... AP, LATERAL, OBLIQUE.

26
(vii) ANKLE............................ AP, LATERAL, OBLIQUE.

05451'01 30

1
(viii) TIBIA-FIBULA............................. AP, LATERAL.

2
(ix) KNEE....................................... AP, LATERAL.

3
(x) FEMUR....................................... AP, LATERAL.

4
(B) THE FOLLOWING X-RAY EXAMINATIONS OF THE SPINE:

5
(i) CERVICAL SPINE.....................AP, LATERAL, ODONTOID,

6
NON-TRAUMA, SWIMMER'S NON-TRAUMA.

7
(ii) THORACIC SPINE....... AP, LATERAL, SWIMMER'S NON-TRAUMA.

8
(iii) LUMBAR SPINE............... AP, LATERAL, L5-S1 LATERAL.

9
(C) PA, AP, LATERAL, OBLIQUE, DECUBITUS, AND APICAL LORDOTIC

10
X-RAY EXAMINATIONS OF THE CHEST.

11
(D) DP AND LATERAL X-RAY EXAMINATIONS OF THE ANKLE.

12
(E) THE FOLLOWING X-RAY EXAMINATIONS OF THE SKULL AND

13
SINUS:

14
(i) ENTIRE SKULL.

15
(ii) PARANASAL SINUSES.

16
(iii) FACIAL BONES.

17
(iv) MANDIBLE AND TEMPOROMANDIBULAR JOINT.

18
(7) AN INDIVIDUAL DESCRIBED IN SUBSECTIONS (2) AND (3) SHALL

19
COMPLETE A MINIMUM OF 48 HOURS OF DIDACTIC TRAINING IN A FORMAL

20
TRAINING COURSE. AFTER SUCCESSFUL COMPLETION OF THE COURSE, THE

21
INDIVIDUAL SHALL PASS AN EXAMINATION APPROPRIATE TO HIS OR HER

22
SCOPE OF PRACTICE AND COMPLETE THE CLINICAL EXPERIENCE REQUIRE-

23
MENTS PRESCRIBED IN SUBSECTION (8). THE FORMAL TRAINING COURSE

24
IS SUBJECT TO DEPARTMENT APPROVAL AND SHALL PROVIDE INSTRUCTION

25
IN ALL OF THE FOLLOWING SUBJECTS:

26
(A) RADIATION PROTECTION INCLUDING ALL OF THE FOLLOWING:

05451'01 31

1
(i) PATIENT PROTECTION.

2
(ii) PERSONNEL PROTECTION.

3
(iii) RADIATION EXPOSURE AND MONITORING.

4
(B) EQUIPMENT OPERATION AND MAINTENANCE INCLUDING ALL OF THE

5
FOLLOWING:

6
(i) RADIOGRAPHIC UNIT COMPONENTS.

7
(ii) PRINCIPLES OF X-RAY PRODUCTION.

8
(iii) RECOGNITION OF MALFUNCTIONS.

9
(C) IMAGE PRODUCTION AND EVALUATION INCLUDING ALL OF THE

10
FOLLOWING:

11
(i) SELECTION OF TECHNIQUE FACTORS.

12
(ii) FILM PROCESSING AND QUALITY ASSURANCE.

13
(iii) EVALUATION OF RADIOGRAPHS.

14
(D) PATIENT CARE INCLUDING ALL OF THE FOLLOWING:

15
(i) LEGAL AND PROFESSIONAL RESPONSIBILITIES.

16
(ii) PATIENT EDUCATION, SAFETY, AND COMFORT.

17
(iii) PREVENTION AND CONTROL OF INFECTION.

18
(iv) PATIENT MONITORING.

19
(E) RADIOGRAPHIC PROCEDURE POSITIONING.

20
(8) AN INDIVIDUAL WHO COMPLETES THE REQUIREMENTS OF SUBSEC-

21
TION (7) SHALL COMPLETE 1 MONTH OF CLINICAL TRAINING DURING WHICH

22
TIME HE OR SHE MAY PERFORM THE X-RAY EXAMINATIONS ALLOWED UNDER

23
SUBSECTION (6) ONLY UNDER THE DIRECT SUPERVISION OF THE PHYSICIAN

24
IN CHARGE, A COMPREHENSIVE SCOPE OPERATOR, OR A LIMITED SCOPE

25
OPERATOR WITH NO LESS THAN 3 YEARS OF EXPERIENCE. AN INDIVIDUAL

26
DESCRIBED IN THIS SUBSECTION SHALL BE TRAINED IN PROPER IMAGING

27
PROCEDURES AS LISTED BELOW:

05451'01 32

1
(A) SELECTION OF APPROPRIATE FILM SIZE.

2
(B) SELECTION OF APPROPRIATE TECHNIQUE FACTORS.

3
(C) USE OF CORRECT SOURCE-TO-IMAGE DISTANCE.

4
(D) ESTABLISHMENT OF PROPER DIRECTION OF CENTRAL RAY.

5
(E) EXECUTION OF PROPER PATIENT POSITION.

6
(F) COLLIMATION OF THE X-RAY BEAM AS APPROPRIATE.

7
(G) PROVIDING GONADAL SHIELDING IF APPROPRIATE.

8
(H) USING CORRECT FILM MARKERS.

9
(I) GIVING PROPER PATIENT INSTRUCTION.

10
(J) PLACING PATIENT INFORMATION CORRECTLY ON THE FILM.

11
(K) COMPLETING EXAMINATION IN A TIMELY MANNER.

12
(l) OBTAINING DESIRED ANATOMY AND POSITIONING RESULTS ON THE

13
FILM.

14
(M) OBTAINING APPROPRIATE CONTRAST AND DENSITY ON THE FILM.

15
(N) IDENTIFYING VISIBLE MOTION OR FILM ARTIFACTS AND REPEAT-

16
ING EXAM IF NEEDED.

17
(9) AN INDIVIDUAL DESCRIBED IN SUBSECTION (4) SHALL COMPLETE

18
A MINIMUM OF 36 HOURS OF DIDACTIC RADIOLOGY TRAINING IN A FORMAL

19
TRAINING COURSE. THE COURSE IS SUBJECT TO DEPARTMENT APPROVAL

20
AND SHALL PROVIDE INSTRUCTION IN ALL OF THE FOLLOWING SUBJECTS:

21
(A) RADIATION PROTECTION, INCLUDING ALL OF THE FOLLOWING:

22
(i) PATIENT PROTECTION.

23
(ii) PERSONNEL PROTECTION.

24
(iii) RADIATION EXPOSURE AND MONITORING.

25
(B) EQUIPMENT OPERATION AND MAINTENANCE, INCLUDING ALL OF

26
THE FOLLOWING:

05451'01 33

1
(i) RADIOGRAPHIC UNIT COMPONENTS.

2
(ii) PRINCIPLES OF X-RAY PRODUCTION.

3
(iii) RECOGNITION OF MALFUNCTIONS.

4
(C) IMAGE PRODUCTION AND EVALUATION, INCLUDING ALL OF THE

5
FOLLOWING:

6
(i) SELECTION OF TECHNIQUE FACTORS.

7
(ii) FILM PROCESSING AND QUALITY ASSURANCE.

8
(iii) EVALUATION, MOUNTING, AND LABELING OF RADIOGRAPHS.

9
(D) PATIENT CARE, INCLUDING ALL OF THE FOLLOWING:

10
(i) LEGAL AND PROFESSIONAL RESPONSIBILITIES.

11
(ii) PATIENT EDUCATION, SAFETY, AND COMFORT.

12
(iii) PREVENTION AND CONTROL OF INFECTION.

13
(iv) PATIENT MONITORING.

14
(E) RADIOGRAPHIC PROCEDURE POSITIONING AND FILM SELECTION,

15
INCLUDING ALL OF THE FOLLOWING:

16
(i) PERIAPICAL.

17
(ii) BITEWING.

18
(iii) OCCLUSAL.

19
(iv) PANORAMIC.

20
(v) CEPHALOMETRIC, ORTHODONTIC ONLY.

21
(vi) TRANSCRANIAL AND TMJ, ORAL/MAXILLOFACIAL ONLY.

22
(10) AN INDIVIDUAL DESCRIBED IN SUBSECTION (5) SHALL COM-

23
PLETE A MINIMUM OF 36 HOURS OF DIDACTIC TRAINING IN A FORMAL

24
TRAINING COURSE. THE COURSE IS SUBJECT TO DEPARTMENT APPROVAL

25
AND SHALL PROVIDE INSTRUCTION IN ALL OF THE FOLLOWING SUBJECTS:

26
(A) RADIATION PROTECTION, INCLUDING ALL OF THE FOLLOWING:

05451'01 34

1
(i) PERSONNEL PROTECTION.

2
(ii) RADIATION EXPOSURE AND MONITORING.

3
(B) EQUIPMENT OPERATION AND MAINTENANCE, INCLUDING ALL OF

4
THE FOLLOWING:

5
(i) RADIOGRAPHIC UNIT COMPONENTS.

6
(ii) PRINCIPLES OF X-RAY PRODUCTION.

7
(iii) RECOGNITION OF MALFUNCTIONS.

8
(C) IMAGE PRODUCTION AND EVALUATION, INCLUDING ALL OF THE

9
FOLLOWING:

10
(i) SELECTION OF TECHNIQUE FACTORS.

11
(ii) FILM PROCESSING AND QUALITY ASSURANCE.

12
(iii) EVALUATION AND LABELING OF RADIOGRAPHS.

13
(iv) INFECTION CONTROL.

14
(D) RADIOGRAPHIC PROCEDURE POSITIONING.

15
SEC. 13575. A MUNICIPALITY OR A DEPARTMENT, AGENCY, OR

16
OFFICIAL OF A MUNICIPALITY SHALL NOT LICENSE, REGULATE, OR

17
REQUIRE THE REGISTRATION OF A RADIATION MACHINE OR A NON-IONIZING

18
RADIATION DEVICE.

19
SEC. 13581. THE DIRECTOR SHALL APPOINT AN IONIZING RADI-

20
ATION ADVISORY COMMITTEE. MEMBERS OF THE COMMITTEE SERVE AT THE

21
PLEASURE OF THE DIRECTOR. THE COMMITTEE SHALL FURNISH TO THE

22
DEPARTMENT TECHNICAL ADVICE THE COMMITTEE CONSIDERS DESIRABLE OR

23
THE DEPARTMENT MAY REASONABLY REQUEST ON MATTERS RELATING TO THE

24
RADIATION MACHINE CONTROL PROGRAM.

25
SEC. 13585. A PERSON WHO VIOLATES THIS PART OR A RULE

26
PROMULGATED UNDER THIS PART OR WHO FAILS TO OBTAIN OR COMPLY WITH

27
A CONDITION OF REGISTRATION UNDER THIS PART IS GUILTY OF A

05451'01 35

1
MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 180

2
DAYS, OR A FINE OF NOT MORE THAN $10,000.00, OR BOTH. A COURT

3
MAY FINE A PERSON NOT MORE THAN $2,000.00 FOR EACH VIOLATION OF

4
THIS PART. EACH DAY A VIOLATION CONTINUES IS A SEPARATE

5
VIOLATION.

6
SEC. 13586. IF, AFTER THOROUGH INVESTIGATION BY THE DEPART-

7
MENT, IT IS THE JUDGMENT OF THE DEPARTMENT THAT A PERSON HAS

8
ENGAGED IN OR IS ABOUT TO ENGAGE IN AN ACT OR PRACTICE THAT CON-

9
STITUTES A VIOLATION OF THIS PART OR A RULE OR ORDER PROMULGATED

10
OR ISSUED UNDER THIS PART, THE ATTORNEY GENERAL, AT THE REQUEST

11
OF THE DEPARTMENT, SHALL APPLY TO THE APPROPRIATE CIRCUIT COURT

12
FOR AN ORDER ENJOINING THE ACT OR PRACTICE OR FOR AN ORDER

13
DIRECTING COMPLIANCE WITH THIS PART OR A RULE OR ORDER PROMUL-

14
GATED OR ISSUED UNDER THIS PART.

15
Enacting section 1. Sections 13523 and 13531 of the public

16
health code, 1978 PA 368, MCL 333.13523 and 333.13531, are

17
repealed.

05451'01 Final page. KAO