Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 35 - RADIATION
Section 28-35-293 - Requirements for an independent certifying organization
Universal Citation: KS Admin Regs 28-35-293
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Each independent certifying organization shall be required to meet the following conditions in order to be recognized by the secretary:
(1) Be an organization, including a society
or association, whose members participate in, or have an interest in, the field
of industrial radiography;
(2)
make membership in the organization available to the general public nationwide.
Membership shall not be restricted because of race, color, religion, sex, age,
national origin, or disability;
(3) have a certification program that is open
to nonmembers as well as members;
(4) be an incorporated, nationally recognized
organization that is involved in setting national standards of practice within
its fields of expertise;
(5) have
an adequate staff, a viable system for financing its operations, and a
policy-making and decision-making review board;
(6) have a set of written organizational
bylaws and policies that provide adequate assurance of lack of conflict of
interest and a system for monitoring and enforcing those bylaws and policies;
(7) have a committee, whose
members shall carry out their responsibilities impartially, to review and
approve the certification guidelines and procedures and to advise the
organization's staff in implementing the certification program;
(8) have a committee, whose members shall
carry out responsibilities impartially, to review complaints against certified
individuals and to determine appropriate sanctions;
(9) have written procedures describing all
aspects of the organization's certification program and maintain records of the
current status of each individual's certification and the administration of the
organization's certification program;
(10) have procedures to ensure that certified
individuals are provided due process with respect to the administration of its
certification program, including the process of becoming certified and any
sanctions imposed against certified individuals;
(11) have procedures for proctoring
examinations, including qualifications for proctors. These procedures shall
ensure that the individuals proctoring each examination are not employed by the
same company or corporation, or by a wholly owned subsidiary of the company or
corporation, as that of any of the examinees;
(12) exchange information about certified
individuals with the nuclear regulatory commission, other independent
certifying organizations, and agreement states and allow periodic review of the
organization's certification program and related records; and
(13) provide a description to the nuclear
regulatory commission of the organization's procedures for choosing examination
sites and for providing an appropriate examination environment.
(b) Each certification program recognized by the secretary shall meet the following requirements:
(1) Require applicants for certification to
meet the following requirements:
(A) Receive
training in the topics specified in K.A.R. 28-35-289 or in equivalent state or
nuclear regulatory commission regulations; and
(B) satisfactorily complete a written
examination covering the topics specified in paragraph (b)(1)(A);
(2) require each applicant for
certification to provide documentation demonstrating that the applicant meets
the following requirements:
(A) Receives
training in the topics specified in K.A.R. 28-35-289 or in equivalent state or
nuclear regulatory commission regulations;
(B) has satisfactorily completed a minimum
period of on-the-job training as specified in K.A.R. 28-35-289; and
(C) receives verification by a state licensee
or registrant or a nuclear regulatory commission licensee that the applicant
has demonstrated the capability of independently working as a radiographer;
(3) include procedures
to ensure that all examination questions are protected from wrongful
disclosure;
(4) include procedures
for denying an application and for revoking, suspending, and reinstating a
certification;
(5) provide a
certification period of at least three years and not more than five years;
(6) include procedures for
renewing certifications and, if the procedures allow renewals without
examination, require evidence of recent full-time employment and annual
refresher training; and
(7)
provide a timely response to inquiries from members of the public about an
individual's certification status; and
(8) have requirements for written
examinations that meet the following requirements:
(A) Are designed to test an individual's
knowledge and understanding of the topics specified in K.A.R. 28-35-289 or in
equivalent state or nuclear regulatory commission regulations;
(B) are written in a multiple-choice format;
and
(C) have test items drawn from
a question bank containing psychometrically valid questions based on the
material specified in K.A.R. 28-35-289.
(Authorized and implementing K.S.A. 48-1607; effective Dec. 30, 2005.)
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