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 to promulgate administrative regulations relating to operators of sources of radiation other than practitioners of the healing arts. KRS 311B.120 authorizes imposition of monetary penalties for violations of KRS 311B.180, 311B.190, and related administrative regulations. This administrative regulation establishes uniform enforcement procedures regarding the licensure of operators of sources of radiation and penalties for violation of licensure requirements.
Section 1. Denial, Revocation, and Suspension of Licenses. The board may deny, revoke or suspend the license 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 not issued by the board;
(b) A license containing unauthorized alterations; or
(c) A license containing changes that are inconsistent with board 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 relating to the licensure of an operator of a source of radiation.
Section 2. Hearings. (1) The board shall furnish the licensee with written notice of sufficient detail to reasonably apprise a person of the nature, time and place of the offense charged.
(2) A licensee to whom a notice or order is directed shall comply immediately.
(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 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) Prior to assessing civil penalties, the board 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 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 shall be assessed a civil penalty of no less than ten (10) dollars per day until the application has been approved by the board.
(b) Failure to apply for renewal by an individual who would be eligible for renewal of a license 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.
(c) 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 no less than $100 per day until the application has been approved by the board.
(4) Civil penalties shall also be assessed against the employer of the individual without valid licensure 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.)