902 KAR 105:020. 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 Cabinet for Health Services is authorized by KRS 211.870, 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 certification of operators of sources of radiation.

      Section 1. Regulated Entities. (1) 902 KAR Chapter 105 establishes requirements for the 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 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 Certification. (1) An application for a general or limited certification shall be filed with the Cabinet for Health Services on "Form KR-300", incorporated by reference.

      (2) A 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 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 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 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 cabinet if an applicant submits a valid certificate from:

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

      1. Is otherwise qualified for certification; and

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

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

      1. Is otherwise qualified for certification; and

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

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

      (1) Application for certification (nonrefundable) - $25.

      (2) Issuance of a general or limited certificate - $35.

      (3) Issuance of a temporary or provisional certificate - $25.

      (4) Renewal of a general or limited certificate - $35.

      (5) Duplicate certificate - $15.

      (6) Limited examination - $70.

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

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

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

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

      (a) The certificate holder's name and certificate number;

      (b) Subject title;

      (c) Date attended;

      (d) Clock hours of instruction; and

      (e) The instructor's name and title.

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

      (6) Continuing education clock hours may be accrued by attending a seminar, lecture, or course relating to the 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 certified, as provided in 902 KAR Chapter 105.

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

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

      (4) A certified operator shall display or have available his certificate, or a photocopy, at the location where the source of radiation is operated.

Section 7. Incorporated by Reference. (1) Form KR-300, 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 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.)