DAR File No. 40666

Environmental Quality, Waste Management and Radiation Control, Radiation

Rule R313-27

Medical Use Advisory Committee

Notice of Proposed Rule

(Repeal)

DAR File No.: 40666
Filed: 08/15/2016 03:19:51 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R313-27 requires the Board to appoint a "Medical Use Advisory Committee" to review and make recommendations to the Board on any rule or other policy that affects the medical use of radiation. The rule sets the makeup of the committee and requires the committee to report to the Board prior to any Board action on the rule. Rule R313-27 was adopted by the Radiation Control Board in its final meeting in June 2015. The Division has received an opinion from the Attorney General's office that the Radiation Control Board could not, under authority that existed in June 2015 nor under the current authority of the Waste Management and Radiation Control Board, make Rule R313-27. The rule is being repealed as the authority did not nor does now exist to make the rule.

Summary of the rule or change:

Rule R313-27 is repealed in its entirety since the authority to make the rule does not exist.

Statutory or constitutional authorization for this rule:

• Section 19-6-104
• Section 19-3-104

Anticipated cost or savings to:

the state budget:

Savings to the state budget will be realized as no resources will have to be expended to organize the committee that is required by the rule. The actual savings are unknown as no committee was ever formed, so the time required is unknown.

local governments:

The requirements in Rule R313-27 applied only to the Waste Management and Radiation Control Board and are being repealed, therefore, there will be no cost or savings to local government.

small businesses:

The requirements in Rule R313-27 applied only to the Waste Management and Radiation Control Board and are being repealed, therefore, there will be no cost or savings to small business.

persons other than small businesses, businesses, or local governmental entities:

The requirements in Rule R313-27 applied only to the Waste Management and Radiation Control Board and are being repealed, therefore, there will be no cost or savings to other persons.

Compliance costs for affected persons:

The requirements in Rule R313-27 are being repealed, therefore, there will be no compliance costs to affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

The requirements in Rule R313-27 applied only to the Waste Management and Radiation Control Board and are being repealed, therefore, there will be no cost impacts to business.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Environmental Quality
Waste Management and Radiation Control, RadiationRoom Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/03/2016

This rule may become effective on:

10/10/2016

Authorized by:

Brad Johnson, Deputy Director

R313. Environmental Quality, Waste Management and Radiation Control, Radiation.

[R313-27. Medical Use Advisory Committee.

R313-27-1. Formation and Role of Medical Use Advisory Committee.

(1) The board shall appoint a Medical Use Advisory Committee to review and make recommendations prior to a board action for any rule or other policy matter that affects the medical use of radiation. Committee members shall be appointed after considering recommendations from affected groups or individuals.

(2) The Medical Use Advisory Committee shall consist of at least three members, with the majority of members from an area of medical use affected by the rulemaking action.

(3) Members may include non-physician professionals if the member's professional credentials are applicable to the scope of the matter being considered.

(4) Members may include board members.

(5) The Medical Use Advisory Committee shall, by majority vote, provide recommendations and, as appropriate, suggested rule language to the board. Minority recommendations and suggested rule language, if any, shall also be provided to the board.

(6) This rule shall not apply to emergency rulemaking under Section 63G-3-304.

 

KEY: medical use advisory committee, medical use of radiation

Date of Enactment or Last Substantive Amendment: July 9, 2015

Authorizing, and Implemented or Interpreted Law: 19-3-103.5; 19-3-104(4)]