201 KAR 46:070. Violations and enforcement.

 

      RELATES TO: KRS 311B.100, 311B.120, 311B.150, 311B.160, 311B.170, 311B.180, 311B.190

      STATUTORY AUTHORITY: KRS 311B.050, 311B.120, 311B.180, 311B.190

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 311B.050 requires the Board of Medical Imaging and Radiation Therapy to promulgate administrative regulations to administer and enforce KRS Chapter 311B. KRS 311B.120 and 311B.190 require the board to promulgate administrative regulations to establish appropriate fees and penalties for violations. KRS 311B.180 requires the board to assess penalties against an individual or licensee who performs diagnostic or therapeutic procedures without a valid license. This administrative regulation establishes uniform enforcement procedures regarding the licensure of an advanced imaging professional, a medical imaging technologist, a radiographer, a radiation therapist, a nuclear medicine technologist, or a limited x-ray machine operator and penalties for violation of licensure requirements.

 

      Section 1. Denial, Revocation, and Suspension of Licenses. (1) The board may deny, revoke, or suspend the license of a licensee in accordance with KRS 311B.160.

      (2) A licensee shall comply with an order of the board.

      (3) An order of the board in subsection (2) of this section shall include items such as discovery orders, requests for information, subpoenas, requests for attendance before the board, and responses to complaints

      .

 

      Section 2. Hearings. (1) The board shall notify the licensee in accordance with KRS 311B.170(1) and (2).

      (2) A licensee to whom a notice or order is directed shall comply with KRS 311B.170(3) to avoid license revocation.

      (3) The board shall issue the licensee a notice of proposed action in accordance with 201 KAR 46:090.

      (4) A licensee may request a conference and appeal the board’s action in accordance with KRS 311B.170(5) and 201 KAR 46:090.

 

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

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

      (a) Failure to apply for initial licensure by an individual who is fully qualified for licensure at the time the violation is discovered, or failure to apply for renewal by an individual who would be eligible for renewal of a license, but who would not currently qualify due to insufficient continuing education at the time the violation is discovered shall be assessed a civil penalty of twenty-five (25) dollars per day until the application has been approved.

      (b) Failure of a licensee to renew the license by the expiration date shall be assessed a late fee according to the following schedule based upon the expiration date:

      1. One (1) to five (5) days late – no penalty;

      2. Six (6) to fifteen (15) days late – Ten (10) dollars per calendar day; or

      3. Sixteen (16) to thirty (30) days late – Twenty (20) dollars per calendar day.

      (c) A licensee who has not renewed after thirty (30) days shall:

      1. Pay a civil penalty of $750;

      2. Submit an initial application for license, as incorporated by reference in 201 KAR 46:040; and

      3. Pay the new application fee, as established in 201 KAR 46:020.

      (d) Performance of a diagnostic or therapeutic procedure requiring a license by an individual who is not qualified for licensure at the time the violation is discovered shall be assessed a civil penalty of $100 per day until the application has been approved.

      (3) Civil penalties double the amount assessed against the licensee or individual shall be assessed against the employer of the individual without a valid license pursuant to KRS 311B.180 and subsection (3) of this section.

      (4) Any person assessed a civil penalty may request a hearing as specified in Section 2 of this administrative regulation and 201 KAR 46:090. (2 Ky.R. 299; Am. 3 Ky.R. 640; eff. 3-2-1977; 18 Ky.R. 1594; eff. 1-10-1992; 23 Ky.R. 1783; 2524; eff. 11-20-1996; 33 Ky.R. 1736; 34 Ky.R. 770; eff. 10-17-2007; Recodified from 902 KAR 105:070, 11-20-2013; 41 Ky.R. 2308; 42 Ky.R. 1497; eff. 11-18-2015.)