Regulations for Radon Service Providers, 32 Ill. Adm. Code 422, Illinois Register, May 24, 2013, Volume 37, Issue 21, p. 6987.

The Agency is proposing these amendments to be consistent with the Radon Industry Licensing Act [420 ILCS 44], Radon Resistant Construction Act [420 ILCS 52] and the School Code [105 ILCS 5]; to allow the Agency to conduct performance audits of licensees' records at Agency offices; to clarify license application and termination requirements; to allow variances for building contractors; to allow for an exam fee and remove fee waivers; to allow licensed home inspectors to perform required activities during a measurement; to clarify quality control requirements for school and commercial building measurements; to clarify device protocol to ensure only laboratories authorized by the manufacturer performed calibration and maintenance on electret devices; and, to allow drain tile to be used beneath soil gas retarders.

FIRST NOTICE

State Emergency Response, 29 Ill. Adm. Code 410, Illinois Register, March 15, 2013, Volume 37, Issue 11, p. 2757.

The Agency is proposing to repeal 29 Ill. Adm. Code 410, Individual and Family Grant Program. The Individual and Family Grant (IFG) Program no longer exists within the State. The IFG Program was once administered by the State so a rule was adopted that guided the administration of the Program. The IFG Program was replaced by the Other Needs Assistance (ONA) Program which is now administered by FEMA. Since the ONA Program is not administered by the State, there is no need for a State rule on the program.

FIRST NOTICE

Public Disaster Assistance Program, 29 Ill. Adm. Code 420, Illinois Register, March 15, 2013, Volume 37, Issue 11, p. 2766.

The Agency is proposing to repeal this Part. The Public Assistance (PA) Program provides Federal disaster assistance to states, local governments and certain private non-profit organizations for debris removal, emergency protective measures and the permanent restoration of public facilities as a result of a major disaster or emergency declaration made by the President of the United States. The PA Program is jointly administered by the Federal Emergency Management Agency (FEMA) and Illinois Emergency Management Agency (IEMA) under Federal statute, regulation and policy.

FIRST NOTICE

Use of Radionuclides in the Healing Arts, 32 Ill. Adm. Code 335, Illinois Register, March 15, 2013, Volume 37, Issue 11, p. 2775.

Recently, the Agency has received reports from licensees of cases in which sodium iodide I-131 was administered to patients who were subsequently found to be pregnant at the time of administration. Sodium iodide I-131, even in microcurie quantities, can have deleterious effects on the thyroid of a fetus. The Agency is proposing this amendment so that prior to any administration of quantities greater than 1.11 MBq (30 µCi) of sodium iodide I-131 to a female capable of childbirth, the licensee shall conduct a pregnancy test and obtain those results to determine pregnancy. If the delay caused by conducting a pregnancy test would jeopardize the patient's health, the test may be forgone provided it is noted by the authorized user on the written directive required by 32 Ill. Adm. Code 335.1110.

FIRST NOTICE

SECOND NOTICE

Accrediting person in the practice of Medical Radiation Technology, 32 Ill. Adm. Code 401, Illinois Register, March 15, 2013, Volume 37, Issue 11, p. 2783.

The Agency is proposing the following changes to Part 401:

In Section 401.20, advanced practice nurse, authorized user, CT, PET, physician assistant, portable x-ray service provider, SPECT, and a new accreditation category, the Nuclear Medicine Advanced Associate (NMAA) are now defined. Four more organizations have now achieved RCEEM (recognized continuing education evaluating mechanism) status and been added. The limited diagnostic radiographer definition has also been expanded to prohibit any of these individuals from performing any radiographic exams for a portable x-ray service provider.

Under the Section 401.30, the Agency is proposing to exempt the following individuals from the Agency's radiography accreditation requirement and allow a physician assistant or advanced practice nurse, under the direct or personal supervision of a licensed practitioner, to perform interventional fluoroscopic procedures; allow an accredited nuclear medicine technologist to perform CT radiographic exams as part of a PET/CT or SPECT/CT combination exam; and allow an accredited nuclear medicine technologist or radiation therapist who is also certified in CT by the American Registry of RadiologicTechnologists (ARRT) to perform CT radiographic exams.

In Section 401.40(e) and (f), the requirement for a letter of agreement/delegation for both the radiologist assistant and nuclear medicine advanced associated is now specified by rule as part of the application process.

A new accreditation category for the Nuclear Medicine Advanced Associate (NMAA) has been added and the required examination and continuing education requirement for renewal specified.

FIRST NOTICE

SECOND NOTICE

Standards for selection of Contractors, 32 Ill. Adm. Code 605, Illinois Register, March 15, 2013, Volume 37, Issue 11, p. 2807.

The Agency is proposing this rulemaking changes all references of "Department" or the "Illinois Department of Nuclear Safety" to "Agency" or "Illinois Emergency Management Agency" pursuant to Executive Order #12 (2003) and to make other general updates.

FIRST NOTICE

Registration of Low-Level Waste Generators, 32 Ill. Adm. Code 620, Illinois Register, March 15, 2013, Volume 37, Issue 11, p. 2831.

This rulemaking changes all references of "Department" or the "Illinois Department of Nuclear Safety" to "Agency" or "Illinois Emergency Management Agency" pursuant to Executive Order #12 (2003), remove historical fee information, and to make other general updates.

FIRST NOTICE

Licensing of Radioactive Material, 32 Ill. Adm. Code 330.220, Illinois Register, March 8, 2013, Volume 37, Issue 10, p. 2597.

The Agency is proposing this amendment to Section 330.220(b)(4)(A) to clarify the intent of general license registration requirements such that any gauging or controlling device that contains 37 MBq (1 mCi) or greater of radioactive materials other than strontium-90, radium-226 or polonium-210 will be required to be registered with the Agency. This proposed amendment will ensure compatibility with the U.S. Nuclear Regulatory Commission's 10 CFR 31.5 regulations currently in place for use of radioactive materials.

FIRST NOTICE

Licensing of Radioactive Material, 32 Ill. Adm. Code 330.40, Illinois Register, March 1, 2013, Volume 37, Issue 9, p. 2533.

Section 330.40(c)(3)(A) is being amended to expand the exemption to all approved gas and aerosol detectors, not just smoke detectors, per the U.S. Nuclear Regulatory Commission. In accordance with Section 31 of the Radiation Protection Act of 1990 [420 ILCS 40/31], this rulemaking will become effective following the First Notice period immediately upon filing for adoption with the Secretary of State as stated in the notice of the rulemaking and shall be published in the Illinois Register.

The amendment to the rule was effective April 16, 2013, and published in the Illinois Register, Vol. 37, Issue 18, page 5789 on May 3, 2013. Adopted Rule

FIRST NOTICE

Registration Requirements for Diagnostic Imaging Specialists and Therapeutic Radiological Physicists, 32 Ill. Adm. Code 410, Illinois Register, August 24, 2012 Volume 36, Issue 34, p. 13382.

This proposed rulemaking removes two criteria for an individual to become approved as a diagnostic imaging specialist. This change is being proposed due to the increasing complexity of medical imaging equipment thus requiring increased knowledge and experience of the individuals who perform complex evaluations of such equipment. All individuals currently approved as diagnostic imaging specialists will continue to be approved.

FIRST NOTICE