Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
311B.100,
311B.120,
311B.150,
311B.160,
311B.170,
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 li-censure 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)
(a) The
board shall assess civil penalties in accordance with
KRS 311B.180 and
311B.190
against an individual who performs diagnostic or therapeutic procedures without
valid licensure.
(b) The board
shall investigate an allegation that an individual performed a diagnostic or
therapeutic procedure without valid licensure in accordance with
201 KAR
46:090.
(c) The board shall only assess a civil
penalty after confirmation through one (1) of the means enumerated in
KRS
311B.180(2).
(2) An individual who performs a
diagnostic or therapeutic procedure without valid licensure shall be assessed a
civil penalty of fifty (50) dollars per day that the procedure
occurs.
(3) Civil penalties double
the amount assessed against an individual shall be assessed against the
employer of the individual without a valid license pursuant to
KRS
311B.180.
(4) Any person or employer assessed a civil
penalty may request a hearing as specified in
201 KAR
46:090, Section 6.
(5)
(a) An
individual who performs diagnostic or therapeutic procedures without valid
licen-sure shall be subject to a civil penalty of no more than
$1,500.
(b) An employer of an
individual without a valid license shall be subject to a civil penalty of no
more than $3,000.
(6)
For each day an individual performs a diagnostic or therapeutic procedure
without valid licensure if the range is:
(a)
One (1) to five (5) days, the individual shall receive a five (5) day
suspension;
(b) Six (6) to
twenty-nine (29) days, the individual shall receive a suspension for each day a
procedure is performed; and
(c)
Thirty (30) days or more, the individual receives a forty-five (45) day
suspension.
STATUTORY AUTHORITY:
KRS 311B.050,
311B.120,
311B.180,
311B.190
