3701:1-67-09 Quality assurance for teletherapy equipment.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Health

Agency Name

 

Lance D. Himes

Division                                                                  Contact

 

246 North High St. Columbus OH 43215-0000            614-466-4882

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

 

[e-mail]

Email

 

 

 

3701:1-67-09

Rule Number

RESCISSION

TYPE of rule filing

Rule Title/Tag Line              Quality assurance for radiation therapy simulation systems.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3748.04

5.  Statute(s) the rule, as filed, amplifies or implements: 3748.01, 3748.02, 3748.04, 3748.05, 3748.06, 3748.07, 3748.12, 3748.121, 3748.13, 3748.14, 3748.15, 3748.17, 3748.18, 3748.19, 3748.20, 3748.22, 3748.99

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

Because many of the rules in O.A.C. Chapter 3701:1-67 elicited comments both from staff who needed to implement the rules and from affected parties, ODH and REC conducted another review with input from stakeholders. The proposed changes are a result of the review.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule sets forth quality assurance program requirements facilities must follow under the supervision of a qualified medial physicist to assure appropriate tests and checks are being conducted at appropriate time intervals. ODH is proposing rescission of this rule and adoption of a new version, due to the number of changes.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule references American Association of Physicists in Medicine (AAPM) and National Council of Radiation Protection (NCRP) reports. These industry standards are generally available to persons who reasonably can be expected to be affected by the rule at the addresses indicated in the rule.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This rule is proposed for rescission; see answer below.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Pursuant to 121.75, inclusion in this filing of the cited reports is exempted.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

01/08/2013 - The 3701:1-67 rules were TBRed because a rule (3701:1-67-01) was mistakenly left out of the package. ODH is original filing 3701:1-67-01 today, and re-filing without further changes the rules in this package.

12. 119.032 Rule Review Date: 11/30/2012

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not applicable

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

Not applicable; this rule is proposed for rescission.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No