201 KAR 46:020. General requirements.
RELATES TO: KRS 211.870, 211.890, 211.993
STATUTORY AUTHORITY: KRS 13B.170, 194A.050(3), 211.090, 211.870, 211.890
NECESSITY, FUNCTION, AND CONFORMITY: The Board of Medical Imaging and Radiation Therapy is authorized by KRS 211.870, 311B.010 to 311B.190 to regulate an operator of a source of radiation other than a licensed practitioner of the healing arts. This administrative regulation establishes uniform general requirements for the licensure of operators of sources of radiation.
Section 1. Regulated Entities. (1) 201 KAR Chapter 46 establishes requirements for the licensure of an operator of a source of radiation, other than a licensed practitioner of the healing arts.
(2) The regulation of a source of ionizing or electronic product radiation and the handling and disposal of radioactive waste shall not be covered by 201 KAR Chapter 46.
(3) This administrative regulation shall not require the certification of:
(a) A student enrolled in an approved course of instruction in the healing arts or allied health sciences; or
(b) An employee of the federal government, while engaged in the performance of official duties within this state.
Section 2. Application for Licensure. (1) An application for a general or limited license shall be filed with the Board of Medical Imaging and Radiation Therapy on "Form KR-300", incorporated by reference.
(2) A license, either general or limited, shall expire on the last day of the month, two (2) years after the date of issuance.
(3) A temporary license shall:
(a) Expire on the last day of the month, one (1) year after the date of issuance; and
(b) Not be renewable.
Section 3. Examinations. (1) A general or limited license shall be issued to a person who passes an appropriate examination, approved by the cabinet, in the field of practice or operation for which licensure is sought.
(a) An examination shall be divided into appropriate sections and a minimum grade of seventy-five (75) percent shall be required for passage.
(b) A person shall not be allowed to retake the limited examination more than three (3) times within a calendar quarter.
(2) An examination shall not be required by the board if an applicant submits a valid certificate from:
(a) A national organization acceptable to the board, if the holder:
1. Is otherwise qualified for a license; and
2. Has earned the license by passing an appropriate examination; and
(b) Another state or political subdivision acceptable to the board, if the holder:
1. Is otherwise qualified for a license; and
2. Has earned the license by passing an appropriate examination.
(3) Acceptance of an examination from a national organization, state or political subdivision shall be contingent on:
(a) An annual review of the examination together with an outline by subject; and
(b) An item analysis of each examination section.
(4) The board shall hold the examination information confidential and shall make its contents available only to an authorized representative of the board.
Section 4. Fee Schedule. A fee, as established in this section, shall be paid in connection with the licensure of an operator of a source of radiation, other than a licensed practitioner of the healing arts:
(1) Application for a license (nonrefundable) - twenty-five (25) dollars.
(2) Issuance of a general or limited license - thirty-five (35) dollars.
(3) Issuance of a temporary or provisional license - twenty-five (25) dollars.
(4) Renewal of a general or limited license - thirty-five (35) dollars.
(5) Duplicate license - fifteen (15) dollars.
(6) Limited examination - seventy (70) dollars.
Section 5. Continuing Education Requirements for Renewal. (1) A general or limited license shall not be renewed if the holder has not completed the continuing education requirement required for his or her class of license.
(2) A general license holder shall, during each twenty-four (24) month period that an operator holds a license, obtain a minimum of twenty-four (24) clock hours of continuing education approved by the board.
(3) A limited licensee shall, during each twenty-four (24) month period that an operator holds a license, obtain a minimum of twelve (12) clock hours of continuing education approved by the board.
(4) A licensee attending or participating in continuing education related to the licensee's field of practice or operation shall send documented evidence of attendance or participation to the board within forty-five (45) days. The evidence shall include:
(a) The licensee's name and license number;
(b) Subject title;
(c) Date attended;
(d) Clock hours of instruction; and
(e) The instructor's name and title.
(5) If a licensee presents a program of instruction approved for continuing education credit, the licensee shall receive up to six (6) clock hours credit, on an hour-for-hour basis, toward license renewal.
(6) Continuing education clock hours may be accrued by attending a seminar, lecture, or course relating to the licensee's field of practice or operation.
Section 6. General Requirements. (1) It shall be the responsibility of each employer to insure that an employee operating a source of radiation is licensed, as provided in 201 KAR Chapter 46.
(2) Only a person holding a general license shall be employed as an operator of a source of radiation at a facility where a contrast study is performed.
(3) A licensee shall notify the board within sixty (60) days regarding a change of name or address.
(4) A licensee shall display or have available his or her license, or a photocopy, at the location where the source of radiation is operated.
Section 7. Incorporated by Reference. (1) Form KR-300, Board of Medical Imaging and Radiation Therapy, September 1997 edition, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Medical Imaging and Radiation Therapy, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (1 Ky.R. 1158; Am. 2 Ky.R. 246; 3 Ky.R. 636; eff. 3-2-77; 12 Ky.R. 1425; eff. 3-4-86; 14 Ky.R. 2087; eff. 6-22-88; 16 Ky.R. 2560; eff. 6-27-90; 18 Ky.R. 1588; eff. 1-10-92; 19 Ky.R. 305; 733; eff. 8-28-92; 27 Ky.R. 3384; 28 Ky.R. 393; eff. 8-15-2001; Recodified from 902 KAR 105:020, 11-20-2013.)