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Act No. 63
Public Acts of 2025
Approved by the Governor
December 23, 2025
Filed with the Secretary of State
December 23, 2025
EFFECTIVE DATE: Sine Die
(91st day after final adjournment of the 2025 Regular Session)
STATE OF MICHIGAN
103RD LEGISLATURE
REGULAR SESSION OF 2025
Introduced by Senators Anthony, McCann, Johnson, Bayer, Klinefelt, Chang, Geiss, Cavanagh,
McMorrow and Shink
ENROLLED SENATE BILL No. 136
AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise,
consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of
diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance
of personal, environmental, and other health services and activities; to create or continue, and prescribe the
powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to
prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and
agencies affecting the public health; to regulate health maintenance organizations and cert ain third party
administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes
against certain health facilities or agencies; to promote the efficient and economical delivery of health care
services, to pro vide for the appropriate utilization of health care facilities and services, and to provide for the
closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and
information; to provide for the transfer o f property; to provide certain immunity from liability; to regulate and
prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the
implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this
act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts;
to repeal certain parts of this act; and to repeal certain parts of this act on specific dates, ” by amending
sections 13501, 13521, 13522, and 13523 (MCL 333.13501, 333.13521, 333.13522, and 333.13523), sections 13501
and 13523 as amended by 1994 PA 100, section 13521 as amended by 2018 PA 544, and section 13522 as amended
by 2023 PA 138; and to repeal acts and parts of acts.
The People of the State of Michigan enact:
Sec. 13501. (1) As used in this part:
(a) “General license” means a license, effective pursuant to rules promulgated by the department without the
filing of an application, to transfer, acquire, own, possess, or use quantities of, or devices or equipment utilizing,
radioactive material.
(b) “Ionizing radiation” means gamma rays and x -rays, alpha particles, beta particles, high speed electrons,
neutrons, protons, high speed ions, and other high speed nuclear particles.
(c) “Mammography” means any of the following:
(i) Radiography of the breast for the purpose of enabling a physician to determine the presence, size, location,
and extent of cancerous or potentially cancerous tissue in the breast.
(ii) Interventional mammography.
(d) “Person” means a person as that term is defined in section 1106 or a governmental entity.
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(e) “Radiation machine” means a machine, other than those exempted by department rule, that emits ionizing
radiation.
(f) “Radioactive material” means a solid, liquid, or gas material that emits ionizing radiation spontaneously.
(g) “Radiography” means the making of a film or other record of an internal structure of the body by passing
x-rays or gamma rays through the body to act on film or other image receptor.
(h) “Registration” means registration of a source of ionizing radiation in writing with the department.
(i) “Source of ionizing radiation” means a device or material that emits ionizing radiation.
(j) “Specific license” means a license issued to use, manufacture, produce, transfer, receive, acquire, own, or
possess quantities of, or devices or equipment utilizing, radioactive material.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in
this code.
Sec. 13521. (1) The department shall promulgate rules providing for general licenses or specific licenses or
registration, or exemption from licensing or registration, for radioactive materials and other sources of ionizing
radiation. The rules must provide for the amendment, suspension, or revocation of licenses. In connection with
those rules, subject to section 13527, the department may promulgate rules to establish requirements for record
keeping, permissible levels of exposure, notification and reports of accidents, protective measures, technical
qualifications of personnel, handling, transportation, storage, waste disposal, posting and labeling of hazardous
sources and areas, surveys, and monitoring.
(2) The rules must not limit the intentional exposure of patients to radiation for the purpose of lawful therapy
or research conducted by licensed health professionals.
Sec. 13522. (1) In promulgating rules under this part, the department shall avoid requiring dual licensing,
insofar as practical. Rules promulgated by the department may provide for the recognition of other state or federal
licenses as the department consi ders desirable, subject to registration requirements prescribed by the
department. A person that, on the effective date of an agreement under 1965 PA 54, MCL 3.801 to 3.802, possesses
a license issued by the federal government for a source of ionizing radi ation of the type for which this state
assumes regulatory responsibility under the agreement, is considered to possess an identical license issued under
this part, which license expires either 90 days after receipt of a written notice of termination from the department
or on the date of expiration stated in the federal license, whichever occurs first.
(2) The department may promulgate rules to establish a schedule of fees to be paid by applicants for licenses
for radioactive materials and devices and equipment utilizing the radioactive materials.
(3) Except as otherwise provided in this subsection, the department may promulgate rules to establish a
schedule of fees to be paid by an applicant for a license for other sources of ionizing radiation and the renewal of
the license, and by a person posses sing sources of ionizing radiation that are subject to registration. The
registration or registration renewal fee for a radiation machine registered under this part is $108.45 for the first
veterinary or dental x -ray or electron tube and $60.17 for each ad ditional veterinary or dental x -ray or electron
tube annually, or $180.83 annually per nonveterinary or nondental x-ray or electron tube. The department shall
not assess a fee for the amendment of a radiation machine registration certificate. In addition, the department
shall assess a fee of $241.26 for each follow -up inspection due to noncompliance during the same year. The
department may accept a written certification from the licensee or registrant that the items of noncompliance
have been corrected instead of performing a follow -up inspection. If the department does not inspect a source of
ionizing radiation for a period of 5 consecutive years, the licensee or registrant of the source of ionizing radiation
does not have to pay further license or registration fees as to that source of ionizing radiation until the first license
or registration renewal date following the time an inspection of the source of ionizing radiation is made.
(4) A fee collected under this part must be deposited in the state treasury and credited to the general fund of
this state.
(5) The department shall assess the following nonrefundable fees in connection with mammography inspection:
(a) Inspection, per radiation machine.............................................................................. $ 241.26
(b) Follow-up inspection due to noncompliance, per radiation machine........................ $ 241.26
(6) Except as otherwise provided in subsection (3), the department shall not waive a fee required under this
section.
(7) The department shall adjust on an annual basis the fees prescribed by subsections (3) and (5) by an amount
determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit Consumer
Price Index, not to exceed 5%. As us ed in this subsection, “Detroit Consumer Price Index ” means the most
comprehensive index of consumer prices available for the Detroit-Warren-Dearborn area from the Bureau of Labor
Statistics of the United States Department of Labor.
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Sec. 13523. (1) A person shall not use a radiation machine to perform mammography unless the radiation
machine is registered with the department under department rules for registration of radiation machines and
the radiation machine, the personnel operating the radiation machine, and the facility in which the radiation
machine is used meet requirements established by the department by rule for radiation machines.
(2) To ensure compliance with the requirements described in this section, the department shall inspect a
radiation machine at intervals that the department considers necessary or appropriate, including initiating a
follow-up inspection of a radiation machine due to noncompliance.
(3) In addition to the penalties provided in section 13535 and the fee required under section 13522(5) for a
follow-up inspection due to noncompliance, if a person violates subsection (1), the department may impose an
administrative fine against the owner of the radiation machine or, if a lessee of the radiation machine has effective
control of the radiation machine, the lessee, of not more than $500.00 for each calendar week in which a
mammography is performed in violation of subsection (1). If a person continues to violate subsection (1) for a
period of 2 weeks after a fine is imposed under this subsection, the department shall post a conspicuous notice on
the radiation machine and at the entry to the facility where the radiation machine is located warning the public
that the facility is performing mammography using a radiation machine that is a substantial hazard to the public
health.
(4) The department shall promulgate rules necessary to implement this section. In promulgating rules to
implement this section, the department shall comply with both of the following:
(a) The department shall incorporate by reference what the department determines to be the applicable
standards for mammography, including, but not limited to, standards under the mammography quality standards
act of 1992, Public Law 102-539, and any regulations promulgated under that act, that exist on the effective date
of the amendatory act that added this sentence. If a standard described in this subdivision is revised after the
effective date of the amendatory act that added this sentence, the department shall take notice of the revision and
the department shall promulgate rules to incorporate the revision by reference.
(b) The rules must specify the minimum training and performance standards for an individual using a
radiation machine for mammography.
Enacting section 1. Sections 13524 and 13531 of the public health code, 1978 PA 368, MCL 333.13524 and
333.13531, are repealed.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor