Recodified from 902 KAR 105:030, 11-20-2013.

(Includes technical amendments that pertain to the recodification.)

 

      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[Cabinet for Health and Family Services] is authorized by KRS 211.870, 311B.010 to 311B.190[211.890 and 211.933] 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[certification] of operators of sources of radiation.

 

      Section 1. Regulated Entities. (1) 201 KAR Chapter 46[902 KAR Chapter 105] establishes requirements for the licensure[certification] 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[902 KAR Chapter 105].

      (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[Certification]. (1) An application for a general or limited license[certification] shall be filed with the Board of Medical Imaging and Radiation Therapy[Cabinet for Health Services] on "Form KR-300", incorporated by reference.

      (2) A license[certificate], 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[certificate] 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[certificate] 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[certification] 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[cabinet] if an applicant submits a valid certificate from:

      (a) A national organization acceptable to the board[cabinet], if the holder:

      1. Is otherwise qualified for a license[certification]; and

      2. Has earned the license[certificate] by passing an appropriate examination; and

      (b) Another state or political subdivision acceptable to the board[cabinet], if the holder:

      1. Is otherwise qualified for a license[certification]; and

      2. Has earned the license[certificate] 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[cabinet] shall hold the examination information confidential and shall make its contents available only to an authorized representative of the board[cabinet].

 

      Section 4. Fee Schedule. A fee, as established in this section, shall be paid in connection with the licensure[certification] of an operator of a source of radiation, other than a licensed practitioner of the healing arts:

      (1) Application for a license[certification] (nonrefundable) - twenty-five (25) dollars.

      (2) Issuance of a general or limited license[certificate] - thirty-five (35) dollars.

      (3) Issuance of a temporary or provisional license[certificate] - twenty-five (25) dollars.

      (4) Renewal of a general or limited license[certificate] - thirty-five (35) dollars.

      (5) Duplicate license[certificate] - fifteen (15) dollars.

      (6) Limited examination - seventy (70) dollars.

 

      Section 5. Continuing Education Requirements for Renewal. (1) A general or limited license[certificate] shall not be renewed if the holder has not completed the continuing education requirement required for his or her class of license[certificate].

      (2) A general license[certificate] holder shall, during each twenty-four (24) month period that an operator holds a license[certificate], obtain a minimum of twenty-four (24) clock hours of continuing education approved by the board[cabinet].

      (3) A limited licensee[certificate holder] shall, during each twenty-four (24) month period that an operator holds a license[certificate], obtain a minimum of twelve (12) clock hours of continuing education approved by the board[cabinet].

      (4) A licensee[certificate holder] attending or participating in continuing education related to the licensee's[holder's] field of practice or operation shall send documented evidence of attendance or participation to the board[cabinet] within forty-five (45) days. The evidence shall include:

      (a) The licensee's[certificate holder's] name and license[certificate] number;

      (b) Subject title;

      (c) Date attended;

      (d) Clock hours of instruction; and

      (e) The instructor's name and title.

      (5) If a licensee[holder of a certificate] presents a program of instruction approved for continuing education credit, the licensee[holder] shall receive up to six (6) clock hours credit, on an hour-for-hour basis, toward license[certificate] renewal.

      (6) Continuing education clock hours may be accrued by attending a seminar, lecture, or course relating to the licensee's[certificate holder'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[certified], as provided in 201 KAR Chapter 46[902 KAR Chapter 105].

      (2) Only a person holding a general license[certificate] shall be employed as an operator of a source of radiation at a facility where a contrast study is performed.

      (3) A licensee[certified operator] shall notify the board[cabinet] within sixty (60) days regarding a change of name or address.

      (4) A licensee[certified operator] shall display or have available his or her license[certificate], 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[Department for Public Health], 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[Department for Public Health], 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.)