Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS 311B.050,
311B.100,
311B.120,
311B.150,
311B.160,
311B.170,
311B.180,
311B.190
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 311B.050(1) and
(2) require the Board of Medical Imaging and
Radiation Therapy to promulgate administrative regulations to administer and
enforce the chapter.
KRS
311B.050(7) requires the
board to investigate violations of the chapter, conduct hearings, resolve
allegations, and to impose sanctions or penalties if appropriate.
KRS
311B.120,
311B.180, and
311B.190
require the board to promulgate administrative regulations to establish and
assess penalties and fees.
KRS
311B.170 requires the board to provide an
administrative hearing process for a violation of KRS Chapter 311B. KRS Chapter
13B establishes a uniform procedure to be followed by administrative agencies
in conducting agency hearings. This administrative regulation establishes,
consistent with the requirements of KRS Chapter 13B, the procedures to be
followed by the board in hearing appeals of actions taken under the public
health laws of the Commonwealth.
Section
1. Receipt of Complaints.
(1) A
complaint:
(a) May be submitted by an:
1. Individual;
2. Organization; or
3. Entity;
(b) Shall be:
1. In writing; and
2. Signed by the person offering the
complaint; and
(c) May
be filed by the board based upon information in its possession.
(2)
(a) Upon receipt of a complaint, a copy of
the complaint shall be sent to the individual named in the complaint along with
a request for that individual's response to the complaint.
(b) The individual shall be allowed a period
of twenty (20) days from the date of receipt to submit a written
response.
(c) The board shall
evaluate the date of receipt based upon the postmark date, or, if not sent
through the mail, the date hand stamped on the complaint.
(3)
(a) Upon
receipt of the written response of the individual named in the complaint, a
copy of the response shall be sent to the complainant.
(b) The complainant shall have seven (7) days
from receipt of the response to submit a written reply to the
response.
(c) The board shall
evaluate the date of receipt based upon the postmark date or, if not sent
through the mail, the date hand stamped on the response.
Section 2. Initial Review.
(1) After the receipt of a complaint and the
expiration of the period for the individual's response, the complaint screening
committee shall consider the individual's response, complainant's reply to the
response, and any relevant material available and make a recommendation to the
board.
(a) The names of the individuals and
other identifying information shall be redacted to provide anonymity.
(b) The board shall find whether there is
enough evidence to warrant a formal investigation of the complaint.
(2) If the board finds before
formal investigation that a complaint is without merit, it shall:
(a) Dismiss the complaint; and
(b) Notify the complainant and respondent of
the board's decision.
(3) If the board finds that a complaint
warrants a formal investigation, it shall:
(a)
Authorize an investigation into the matter; and
(b) Order a report to be made to the
complaint screening committee at the earliest opportunity.
Section 3. Results of Formal
Investigation; Board Decision on Hearing.
(1)
Upon completion of the formal investigation, the investigator shall submit a
report to the complaint screening committee of the facts regarding the
complaint.
(a) The complaint screening
committee shall review the investigative report and make a recommendation to
the board.
(b) The board shall find
whether there has been a prima facie violation of KRS Chapter 311B or 201 KAR
Chapter 46 and if a complaint shall be filed.
(2) If the board finds that a complaint does
not warrant the issuance of a formal complaint, it shall:
(a) Dismiss the complaint; and
(b) Notify the complainant and respondent of
the board's decision.
(3) If the board finds that a violation has
occurred but is not serious, the board shall issue a private written
admonishment to the licensee.
(a) A copy of
the private written admonishment shall be placed in the permanent file of the
licensee.
(b) The licensee shall
have the right to file a response in writing to the private written
admonishment within thirty (30) days of its receipt and may have it placed in a
permanent file.
(c) Private
admonishment shall not be subject to disclosure to the public under
KRS
61.878(1)(l) and shall not
constitute disciplinary action, but may be used by the board for statistical
purposes or in subsequent disciplinary action against the credential holder or
applicant.
(4) If the
board finds that a complaint warrants a disciplinary action, the board shall
issue a notice of disciplinary action and inform the licensee:
(a) Of the specific reason for the board's
action, including:
1. The statutory or
regulatory violation; and
2. The
factual basis on which the disciplinary action is based;
(b) That the licensee may appeal the
disciplinary action to the board within twenty (20) days after receipt of this
notification, excluding the day he or she receives notice;
(c) That a written request for an
administrative hearing shall be filed with the board within twenty (20)
calendar days of the date of the board's notice. This request shall be sent to
the Board of Medical Imaging and Radiation Therapy by mail or by hand-delivery
to 125 Holmes Street, Suite 320, Frankfort, Kentucky 40601;
(d) That if the request for an appeal is not
timely filed, the notice of disciplinary action shall be effective upon the
expiration of the time for the licensee to request an appeal; and
(e) That the administrative hearing shall be
conducted in accordance with KRS Chapter 13B.
Section 4. Settlement by Informal
Proceedings.
(1) The board, through counsel
and the complaint screening committee, may at any time during this process
enter into informal proceedings with the individual who is the subject of the
complaint for the purpose of appropriately dispensing with the
matter.
(2) An agreed order or
settlement reached through this process shall be approved by the board and
signed by the individual who is the subject of the complaint and the
chair.
(3) The board may employ
mediation as a method of resolving the matter informally.
Section 5. Right of Appeal of Application. If
the board denies an application or renewal for application, the board shall
issue a notice of denial informing the applicant:
(1) Of the specific reason for the board's
action, including:
(a) The statutory or
regulatory violation; and
(b) The
factual basis on which the denial is based;
(2) That the applicant may appeal the pending
denial to the board within twenty (20) days after receipt of this notification,
excluding the day he or she receives notice;
(3) That a written request for an
administrative hearing shall be filed with the board within twenty (20)
calendar days of the date of the board's notice. This request shall be sent to
the Board of Medical Imaging and Radiation Therapy by mail or by hand-delivery
to 125 Holmes Street, Suite 320, Frankfort, Kentucky 40601;
(4) That if the request for an appeal is not
timely filed, the notice of denial shall be effective upon the expiration of
the time for the licensee to request an appeal;
(5) That the administrative hearing shall be
conducted in accordance with KRS Chapter 13B;
(6) That the documentary evidence shall be
limited to the application and supporting documents the applicant submitted to
the board during the application process and that was considered as part of the
board's denial of the application; and
(7) That if the final order of the board is
adverse to an applicant, the board shall impose the costs in an amount equal to
the cost of stenographic services, the cost of the hearing officer, and the
board's attorney fees against the licensee or applicant. If there is financial
hardship, the board may waive all or part of the fee.
Section 6. Procedures Without a License. If
the board finds an individual performed a diagnostic or therapeutic procedure
without a valid license, the board shall issue a notice of civil penalty and
inform the individual, and employer of the individual:
(1) Of the specific reason for the board's
action, including:
(a) The statutory or
regulatory violation;
(b) The
factual basis on which the civil penalty is based; and
(c) The civil penalty to be
imposed;
(2) That the
individual or employer may appeal the civil penalty to the board within twenty
(20) days after receipt of this notification, excluding the day he or she
receives notice;
(3) That a written
request for an administrative hearing shall be filed with the board within
twenty (20) calendar days of the date of the board's notice. This request shall
be sent to the Board of Medical Imaging and Radiation Therapy by mail or by
hand-delivery to 125 Holmes Street, Suite 320, Frankfort, Kentucky
40601;
(4) That if the request for
an appeal is not timely filed, the notice of civil penalty shall be effective
upon the expiration of the time for the licensee to request an appeal;
and
(5) That the administrative
hearing shall be conducted in accordance with KRS Chapter 13B.
Section 7.
(1) A person may petition for reinstatement
after three (3) years from the date of a revocation.
(2) A person seeking reinstatement following
a revocation shall comply with the requirements of
201
KAR 46:040, Section 8.
STATUTORY AUTHORITY:
KRS 311B.050(1), (2),
(7),
311B.120,
311B.170,
311B.180,
311B.190
The
amended version of this section by; eff.
11/8/2023 is not yet
available.
