Effective upon adoption, the annual fees assessable shall be as prescribed in this section.
(a) Registration fees. Except for entities exempt from fees under section 16.40(b)(1) of this Part, the annual registration fee for radiation installations required to be registered with the department pursuant to section 16.50(a) of this Part is $50.(b) Fee categories for radiation installations required to be registered with the department. For the purpose of assessing annual fees, all radiation installations required to be registered with the department pursuant to section 16.50(a) of this Part are categorized in one of the following six categories: Category I: Radiation installations with any five or more of the modalities listed below.
Category II: Radiation installations with three or four of the modalities listed below.
Category III: Radiation installations with two of the medical modalities listed below.
Category IV: Radiation installations with one of the medical modalities listed below and annual patient workload of 750 examinations or more.
Category V: Radiation installations with one of the medical modalities listed below and annual patient workload of less than 750 examinations, and all other radiation installations with one or two of the non-medical modalities listed below except as listed under category VI.
Category VI: Dental, podiatric, bone densitometry or veterinary installations.
The modalities to be used in determining the fee category for radiation installations required to be registered with the department pursuant to section 16.50(a) of this Part are:
Medical Modalities: radiography, fluoroscopy, computed tomography, angiography, stereotactic breast biopsy systems, and Grenz/orthovoltage therapy, utilized in humans.
Non-medical Modalities: radiography, fluoroscopy, analytical equipment (including electron microscopes, fluorescence analysis and X-ray diffraction equipment), computed tomography and particle accelerators, not utilized on humans.
(c) Fee schedule for radiation installations routinely inspected by the department. All radiation installations required to be registered with the department pursuant to section 16.50(a) of this Part that are not exempt from fees under section 16.40(b) of this Part and that are routinely inspected by the department shall, in addition to the registration fee prescribed in subdivision (a) of this section, be assessed annual fees according to the following schedule: Category I radiation installations: $1,370
Category II radiation installations: $1,030
Category III radiation installations: $ 690
Category IV radiation installations: $ 275
Category V radiation installations: $ 140
Category VI radiation installations: $ 75
(d) Fee schedule for radiation installations routinely inspected by a county or part-county health officer or by a certified radiation equipment safety officer. All radiation installations required to be registered with the department pursuant to section 16.50(a) of this Part that are not exempt from fees under section 16.40(b) of this Part and that are routinely inspected by a county or part-county health officer having jurisdiction, as the department shall direct, under a program certified by the department, or by a certified radiation equipment safety officer as directed by the department shall, in addition to the registration fee prescribed in subdivision (a) of this section, be assessed an annual fee according to the following schedule: Category I radiation installations: $425
Category II radiation installations: $320
Category III radiation installations: $210
Category IV radiation installations: $ 85
Category V radiation installations: $ 45
Category VT radiation installations: $ 15
(e) Fee categories for radioactive material licensees and radiation installations that use accelerators in medical therapy. For the purpose of assessing annual fees, all persons holding radioactive material licenses issued by the department and all radiation installations that are required to be registered with the department, pursuant to section 16.50(a) of this Part and that use accelerators in medical therapy are categorized in one or more of the following six categories: Category I: Persons issued a broad scope medical license.
Category II: Persons issued a broad scope academic or broad scope research and development license.
Category III: Persons issued a specific license which allows the use of radioactive materials for both nuclear medicine and brachytherapy, or a license which authorizes the operation of a nuclear pharmacy at an institution or a pharmaceutical production cyclotron.
Category IV: Radiation installations operating a medical therapy accelerator and/or persons issued a specific license which authorizes the use of radioactive materials in nuclear medicine, brachytherapy, mobile nuclear medicine service, teletherapy (including Co-60 teletherapy and gamma knife), research and development, academic uses, veterinary medicine or large irradiators.
Category V: Persons issued a specific license which authorizes the use of radioactive materials in a clinical laboratory, lead paint analyzers, mobile nuclear medicine sites, leak tests, equipment calibration, self-shielded irradiators, diagnostic sealed sources, and any other use not included in categories I through VI as listed in this subdivision.
Category VI: Persons issued a specific license for use of radioactive materials in gas chromatographs.
(f) Radioactive materials/medical therapy accelerator fee schedule. (1) Except for entities exempt from fees under section 16.40(b) of this Part, all persons that hold radioactive material licenses issued by the department and all radiation installations that are required to be registered with the department and that use accelerators in medical therapy shall be assessed annual fees according to the following schedule: Category I: $5,265
Category II: $3,510
Category III: $1,400
Category IV: $ 880
Category V: $ 350
Category VI: $ 50
(2) When more than one fee category as described in subdivision (e) of this section applies the fee which corresponds to the highest applicable category will be assessed, provided, however, that separate category III fees will be assessed to any person that holds a license to operate a nuclear pharmacy or a pharmaceutical production cyclotron for each type of these uses that applies, in addition to any other categories of fees that apply; and radiation installations or licensees that provide teletherapy (Co-60, gamma knife or a medical therapy accelerator) services or veterinary medicine services, or use radioactive materials in large irradiators or, except for category I or II licensees, use radioactive materials in research and development, will be assessed category IV fees for each type of these uses that applies, in addition to any other categories of fees that apply. If a person that holds a radioactive material license is also the operator of a radiation installation that uses an accelerator in medical therapy and the licensed activities are conducted at such installation, the licensed radiation installation shall be considered as one and the same entity for purposes of assessing fees described under subdivision (e) of this section.N.Y. Comp. Codes R. & Regs. Tit. 10 § 16.41