902 KAR 105:070. 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 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 211.993 authorizes imposition of monetary penalties for violations of KRS 211.870, 211.890, and related administrative regulations. This administrative regulation establishes uniform enforcement procedures regarding the certification of operators of sources of radiation and penalties for violation of certification requirements.
Section 1. Denial, Revocation, and Suspension of Certificates. The cabinet may deny, revoke or suspend the 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 certificate not issued by the cabinet;
(b) A certificate containing unauthorized alterations; or
(c) A certificate containing changes that are inconsistent with 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 cabinet relating to the certification of an operator of a source of radiation.
Section 2. Hearings. (1) The cabinet shall furnish the certificate holder with written notice of sufficient detail to reasonably apprise a person of the nature, time and place of the offense charged.
(2) An operator to whom a notice or order is directed shall comply immediately.
(3) The cabinet shall issue the certificate holder a notice of proposed action in accordance with 902 KAR 1:400.
(4) A certificate holder may request a conference and appeal the cabinet's action in accordance with 902 KAR 1:400.
Section 3. Penalties. (1) The cabinet shall assess civil penalties in accordance with KRS 211.993 against an individual or certificate holder who performs diagnostic or therapeutic procedures without valid certification.
(2) Prior to assessing civil penalties, the 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 certification as follows:
(a) Failure to apply for initial certification by an individual who is fully qualified for 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 cabinet.
(b) Failure to apply for renewal by an individual who would be eligible for renewal of 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 cabinet.
(c) Performance of a diagnostic or therapeutic procedure requiring certification by an individual who is not qualified for 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 cabinet.
(4) Civil penalties shall also be assessed against the employer of the individual without valid 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.)