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

(Includes technical amendments that pertain to the recodification.)

 

      201 KAR 46:070. Violations and enforcement.

 

      RELATES TO: KRS 13B.170, 194A.030

      STATUTORY AUTHORITY: KRS 194A.050(1), 211.090(3), 211.870

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 211.870 authorizes the Board of Medical Imaging and Radiation Therapy[Cabinet for Health and Family Services] to promulgate administrative regulations relating to operators of sources of radiation other than practitioners of the healing arts. KRS 311B.120[211.993] authorizes imposition of monetary penalties for violations of KRS 311B.180, 311B.190[211.870, 211.890], and related administrative regulations. This administrative regulation establishes uniform enforcement procedures regarding the licensure[certification] of operators of sources of radiation and penalties for violation of licensure[certification] requirements.

 

      Section 1. Denial, Revocation, and Suspension of Licenses[Certificates]. The board[cabinet] may deny, revoke or suspend the license[certificate] of an operator of a source of radiation who:

      (1) Has engaged in conduct relating to his profession that is likely to deceive, defraud, or harm the public;

      (2) Has engaged in alcohol and other drug abuse as defined in KRS 222.005(12);

      (3) Develops a physical or mental disability or other condition that makes continued practice or performance of his duties potentially dangerous to patients or the public; or

      (4) Performs procedures under, or represents as valid to any person:

      (a) A license[certificate] not issued by the board[cabinet];

      (b) A license[certificate] containing unauthorized alterations; or

      (c) A license[certificate] containing changes that are inconsistent with board[cabinet] records regarding its issuance;

      (5) Has been convicted of a crime that is a felony under the laws of this state or convicted of a felony in a federal court, unless such individual has had all civil rights restored;

      (6) Exhibits significant or repeated failure in the performance of professional duties; or

      (7) Fails to comply with any administrative regulation of the board[cabinet] relating to the licensure[certification] of an operator of a source of radiation.

 

      Section 2. Hearings. (1) The board[cabinet] shall furnish the licensee[certificate holder] with written notice of sufficient detail to reasonably apprise a person of the nature, time and place of the offense charged.

      (2) A licensee[An operator] to whom a notice or order is directed shall comply immediately.

      (3) The board[cabinet] shall issue the licensee[certificate holder] a notice of proposed action in accordance with 201[902] KAR 46:090[1:400].

      (4) A licensee[certificate holder] may request a conference and appeal the board's[cabinet's] action in accordance with 201[902] KAR 46:090[1:400].

 

      Section 3. Penalties. (1) The board[cabinet] shall assess civil penalties in accordance with KRS 311B.180 and 311B.190[211.993] against an individual or licensee[certificate holder] who performs diagnostic or therapeutic procedures without valid licensure[certification].

      (2) Prior to assessing civil penalties, the board[cabinet] shall confirm the violation of the requirements by any of the following:

      (a) Observation of the violation;

      (b) Obtaining records, documents, or other physical evidence;

      (c) Obtaining statements from either the employer or the employee which confirm the existence of the violation; or

      (d) Obtaining statements from third parties, such as, patients or co-workers, that corroborate the allegation that a violation has occurred.

      (3) Civil penalties shall be assessed against individuals who perform diagnostic or therapeutic procedures without valid licensure[certification] as follows:

      (a) Failure to apply for initial licensure[certification] by an individual who is fully qualified for licensure[certification] at the time the violation is discovered shall be assessed a civil penalty of no less than ten (10) dollars per day until the application has been approved by the board[cabinet].

      (b) Failure to apply for renewal by an individual who would be eligible for renewal of a license[certification] but would not currently qualify due to insufficient continuing education at the time the violation is discovered shall be assessed a civil penalty of no less than twenty (20) dollars per day until the application has been approved by the board[cabinet].

      (c) Performance of a diagnostic or therapeutic procedure requiring a license[certification] by an individual who is not qualified for licensure[certification] at the time the violation is discovered shall be assessed a civil penalty of no less than $100 per day until the application has been approved by the board[cabinet].

      (4) Civil penalties shall also be assessed against the employer of the individual without valid licensure[certification] pursuant to subsection (3) of this section. (2 Ky.R. 299; Am. 3 Ky.R. 640; eff. 3-2-77; 18 Ky.R. 1594; eff. 1-10-92; 23 Ky.R. 1783; 2524; eff. 11-20-96; 33 Ky.R. 1736; 34 Ky.R. 770; eff. 10-17-2007; Recodified from 902 KAR 105:070, 11-20-2013.)