Subject to Subtitle 4 of this title, the Secretary shall adopt rules and regulations for general licenses and specific licenses that govern: Ionizing radiation sources and byproduct material; Special nuclear material; and Devices that use ionizing radiation sources, byproduct material, or special nuclear material. The rules and regulations shall provide for: The issuance, amendment, suspension, or revocation of general licenses and specific licenses; The registration of ionizing radiation sources for which a general license or specific license is not required; and Based on the kinds and amounts of radioactive material subject to specific licenses, the establishment of financial plans to ensure the decommissioning of facilities operating under those licenses and a timetable for the submission of the plans to the Department. The amount of funding assurance required under a financial plan established under paragraph (2)(iii) of this subsection may not exceed the amount specified in the comparable federal regulations promulgated by the U.S. Nuclear Regulatory Agency as amended from time to time. The Secretary may adopt rules and regulations that: Require registration by persons granted a general license; Subject to any registration requirements the Secretary requires, recognize licenses issued by the federal government or any other state; and Except as otherwise provided in subsections (c) and (d) of this section, based on the anticipated cost of monitoring and regulating sources of radiation, establish a fee schedule for general licenses, specific licenses, and the registration of radiation machines or other sources of radiation issued under this section. If the Secretary finds that allowing the exemptions will not constitute a significant risk to the health and safety of the public, the Secretary may adopt rules and regulations that exempt from the licensing or registration requirements of this section: Specific sources of ionizing radiation; Specific kinds of uses of ionizing radiation; and Specific kinds of users of ionizing radiation. In adopting the regulations under paragraph (1)(iii) of this subsection, the Department shall consult with the regulated profession or industry to determine that the license fee is reasonable and directly related to the actual cost of the licensing and regulatory activity. For a dental office or dental facility operated by a licensed dentist, a partnership of licensed dentists, a professional association of licensed dentists, or a public health dental facility, the Secretary may adopt regulations that establish a fee to offset the costs of monitoring and regulating sources of radiation within that dental facility. Except as provided in paragraphs (3) and (4) of this subsection, the fees established under this subsection may not exceed: For the first 2 years beginning July 1, 2002, $60 per dental radiation machine per year; From June 30, 2004, through June 30, 2006, inclusive, $70 per dental radiation machine per year; and After June 30, 2006, through at least June 30, 2010, $80 per dental radiation machine per year; and After June 30, 2010, the fee per dental radiation machine shall continue to be $80 per year unless altered by the General Assembly. The Secretary shall reduce fees proportionately to reflect the balance of any unspent or unencumbered fees collected under this subsection in the previous fiscal year. If a dental radiation machine is not inspected within any 3–year period and all annual fees were paid during that 3–year period, an additional annual inspection fee is not required to be paid until a dental radiation machine inspection is performed by a State inspector. Except as provided in subparagraph (ii) of this paragraph, inspection of the dental radiation machines at each dental office or facility may not be performed more than once every 3 years. Inspection of the dental radiation machines at a dental office or facility may be performed more than once every 3 years if the Department has grounds to believe that: A violation of this title or any rule, regulation, order, registration, certificate, or license adopted or issued under this title may exist; or A hazard associated with the use of radiation may exist. If, based on an inspection of a dental radiation machine at a dental office or facility, the State inspector determines that there is a violation of this title and the violation does not present a serious and probable danger to the patients or employees of the dental office or facility, the State inspector shall provide the dental office or facility a written notice: Setting forth the nature of the violation and the required corrective action; Informing the dental office or facility that the dental office or facility has 20 working days to comply with the corrective action; and Informing the dental office or facility of the required procedure to inform the Department that the corrective action has been completed. If the corrective action is completed within 20 working days in accordance with subparagraph (i) of this paragraph, the Department may not impose a fine on a dental office or dental facility for a violation of this title. The provisions of subsections (b) and (c) of this section relating to fees for monitoring and regulating sources of radiation do not apply to: A dental school accredited by the Commission on Dental Accreditation of the American Dental Association; or After June 30, 2016, a temporary dental clinic that holds a permit under Title 4 of the Health Occupations Article, provides all services on a pro bono basis, and operates fewer than 100 hours a year.

Whenever the Secretary finds that an emergency exists, the Secretary may order the impoundment of any source of ionizing radiation that is in the possession of any person: Who is not equipped to meet the requirements of this subtitle or the rules and regulations adopted under this subtitle; or Who violates the provisions of this subtitle or the rules or regulations adopted under this subtitle.

If the Secretary finds, on examination of a source of radiation, that the source of radiation is constructed, operated, or maintained in a manner that violates this subtitle or a rule or regulation adopted under this subtitle, the Secretary shall: Notify the person who is causing or permitting the violation of the nature of the violation; and Order that person: By a time set by the Secretary, to stop causing or permitting the violation; and By a time set by the Secretary, to take any action necessary so that the source of radiation is constructed, operated, and maintained in compliance with this subtitle and the rules and regulations adopted under this subtitle.

In this section, “radiation machine” means any device that is capable of producing radiation. After July 1, 1986, except for dental or veterinary diagnosis or treatment, a person may not use any radiation machine that is a source of radiation that is not certified as complying with this subtitle and all rules and regulations adopted under this subtitle. The Secretary shall adopt rules and regulations to: Govern the issuance, suspension, and revocation of licenses for individuals who inspect radiation machines and individuals authorized to inspect radiation machines in the State under §§ 10–14A–03 and 10–14B–03 of the State Government Article; Establish inspection procedures and a schedule for the periodic inspection and certification of radiation machines; Establish a biennial fee schedule in accordance with § 8–301(b)(1)(iii) of this subtitle that is sufficient only to cover the costs to the Department of issuing the certificate and regulating the use of radiation; and Provide for penalties for the failure to certify radiation machines.

In this section the following words have the meanings indicated. “Listed facility” means a radon testing facility that is listed in the report of the latest round of the United States Environmental Protection Agency’s National Radon Measurement Proficiency Program. “Radon testing device” means a device that: Collects radon or radon progeny; and Requires analysis by an independent measuring facility or radon tester. “Radon testing device” does not include a self-analyzing device that collects radon or radon progeny. A person who engages in the business of testing for the presence of indoor radon shall: After completion of round 6 of the United States Environmental Protection Agency’s National Radon Measurement Proficiency Program, have all tests analyzed by a listed facility; Indicate the name of the facility conducting the analysis on the radon testing device; and Disclose in writing to the ultimate consumer the results of the radon test and the name and address of the facility that analyzed the test. The Department: May adopt regulations to require radon testing facilities to send test results to the Department; and May not disclose, in response to a request from the public for the name of a radon testing facility, the name of a radon tester that is not a listed facility.

There is a State Radiation Control Fund. All general license fees, specific license fees, registration fees, radiation machine certification fees, and all funds collected by the Department under this title, including any civil penalties, settlements, or fines, shall be paid into the State Radiation Control Fund. The Department shall use the State Radiation Control Fund for activities that are related to identifying, monitoring, and controlling sources of radiation, including radiation machines, and for program development of these activities. The Department shall adopt regulations for the management and use of the money in the Fund.