GENERAL GOVERNMENT CABINET

Board of Medical Imaging and Radiation Therapy

(Amendment)

 

      201 KAR 46:010. Definitions for 201 KAR Chapter 46.

 

      RELATES TO: KRS 311B.020

      STATUTORY AUTHORITY: KRS 311B.010, 311B.050

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 311B.010 and 311B.050 require the Board of Medical Imaging and Radiation Therapy to promulgate administrative regulations to regulate medical imaging, radiation therapy, and related occupations. This administrative regulation establishes definitions for terms used in 201 KAR Chapter 46.

 

      Section 1. Definitions. (1) "Accredited educational program" means an educational program accredited by the Joint Review Committee on Education in Radiologic Technology (JRCERT) or the Joint Review Committee on Educational Programs in Nuclear Medicine Technology (JRCNMT).

      (2) "Advanced imaging professional" means an individual who holds credentialing by the American Registry of Radiologic Technologists (AART) or by the Nuclear Medicine Technology Certification Board (NMTCB) as a registered radiologist assistant (R.R.A.) or nuclear medicine advanced associate (NMAA).

      (3) "Alternate course of study" means an independent course of study that qualifies an individual to take an examination approved by the board.

       (4) "Authorized user" is defined by KRS 311B.020(4).

      (5) "Board" is defined by KRS 311B.020(5).

      (6) "Clinical education" means the component of the educational program that provides for supervised, competency-based, clinical education and experience.

      (7) "Computed tomography" or "CT" means the process of using specialized radiation producing equipment to create cross-sectional images of any part of the body.

      (8) "Computed tomography technologist" or "CT technologist" means an individual who has obtained a post-primary certification in computerized tomography from the American Registry of Radiologic Technologists (ARRT).

      (9) "Continuing education" is defined by KRS 311B.020(7).

      (10) "Continuing education unit" or "CEU" means fifty (50) contact minutes of participation in a continuing education experience completed by:

      (a) Attendance at a professional meeting;

      (b) Documenting completed, approved independent study; or

      (c) Documenting completed academic courses applicable to health care, medical imaging, radiation therapy, or related courses.

      (11) "Contrast procedure" means a diagnostic or therapeutic procedure performed while administering contrast media into the human body to visualize anatomy not otherwise demonstrated on an image receptor.

      (12) "Course of study" means a curriculum in radiologic technology, nuclear medicine technology, the advanced imaging profession, limited x-ray machine operation, or radiation therapy approved by the board.

      (13) "Didactic education" means the component of the educational program that provides formal instruction with specific objectives and methods for assessing the student's progress for entry-level competency.

      (14) "Direct supervision" means supervised by, and in the physical presence of, a licensed practitioner of the healing arts[or a licensee].

      (15) "Educational program" means a board-approved, accredited educational program or limited x-ray machine operator program.

      (16) "Facility" means a hospital, outpatient department, clinic, radiology practice, mobile unit, or office of a physician or portion thereof, in which medical imaging or radiation therapy are performed.

      (17)["Independent study course" means a form of education offered by the board in partnership with an employer to provide limited scope radiography, podiatry, or bone densitometry education to fulfill the requirements established in 201 KAR 46:081, Section 8.

      (18)] "Indirect supervision" means supervised by a licensed practitioner of the healing arts[or licensee] who is immediately available in the individual's place of employment[or sponsoring institution].

      (18)[(19)] "License" means the document issued to a licensee to work as an advanced imaging professional, a medical imaging technologist, a radiographer, a radiation therapist, a nuclear medicine technologist, or a limited x-ray machine operator in Kentucky.

      (19)[(20)]"Licensed practitioner" or "licensed practitioner of the healing arts" is defined by KRS 311B.020(8).

      (20)[(21)] "Licensee" means an individual licensed to perform the duties 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.

      (21)[(22)] "Licensure" means the process by which a license is issued by the board pursuant to 201 KAR Chapter 46 and in accordance with KRS Chapter 311B.

      (22)[(23)] "Limited radiographic procedures" means the following procedures:

      (a) Routine chest and thorax;

      (b) Cranium;

      (c) Extremity;

      (d) Podiatric;

      (e) Vertebral column radiography; and

      (f) Bone densitometry procedures.

      (23)[(24)]"Limited x-ray machine operator" is defined by KRS 311B.020(9).

      (24)[(25)] "Medical imaging technologist" is defined by KRS 311B.020(10).

      (25)[(26)] "National organization" is defined by KRS 311B.020 (11).

      (26) "Medical Imaging" means producing visual images of the human body utilizing various types of energy and technologies to determine the presence of disease and injury. Medical imaging is used for diagnostic, screening, treatment and monitoring purposes.

      (27) "Nuclear medicine advanced associate" means an individual certified by the Nuclear Medicine Technology Certification Board (NMTCB) as a nuclear medicine advanced associate (NMAA) who works under the supervision of a radiologist or nuclear medicine physician, in accordance with practice standards.

      (28) "Nuclear medicine technologist" is defined by KRS 311B.020(12).

      (29) "Nuclear medicine technology" means technology applied by a nuclear medicine technologist utilizing radioactive material and with the nuclear medicine technologist being under the supervision of an authorized user.

      (30) "PET" means the positron emission tomography.

      (31) "Positron emission tomography" means the utilization of positron-emitting radioactive material for medical imaging under the supervision of an authorized user.

      (32) "Practice standards" means the standards established by board-approved professional organizations that define the practice expectations of individuals within the professions.

      (33) "Primary discipline" means radiography, nuclear medicine, and radiation therapy.

      (34) "Professional educational guidelines" means curriculum and educational standards established by national organizations and approved by the board.

      (35) "Program director" means an individual designated by a sponsoring institution to assure that the educational programs for an advanced imaging professional, a medical imaging technologist, a radiographer, a radiation therapist, a nuclear medicine technologist, and a limited x-ray machine operator are properly conducted.

      (36) "Provisional nuclear medicine technology license" means a license issued by the board to an individual participating in the alternate nuclear medicine course of study approved by the board.

      (37) "Provisional training license" means a license issued to a nuclear medicine technologist or a radiation therapist pursuing post-primary certification in computed tomography or a license issued to a radiographer or radiation therapist pursuing post-primary certification in PET.

      (38) "Radiation safety officer" means an individual who has the training, knowledge, and responsibility to apply appropriate radiation safety practices.

      (39) "Radiation therapist" is defined by KRS 311B.020(15).

      (40) "Radiation therapy" means the therapeutic administration of ionizing radiation by a radiation therapist.

      (41) "Radioactive materials" means a solid, liquid, or gas that emits ionizing radiation spontaneously.

      (42) "Radiographer" is defined by KRS 311B.020(16).

      (43) "Radiography" means the utilization and administration of ionizing radiation to produce medically relevant images for the diagnosis of injury or disease and shall include a comprehensive scope of diagnostic-radiologic procedures.

      (44) "Radiologist assistant" means an individual certified by the American Registry of Radiologic Technologists (ARRT) as a registered radiologist assistant (R.R.A.) who works under the supervision of a radiologist, in accordance with supervision guidelines jointly established by the American College of Radiology (ACR), the American Society of Radiologic Technologists (ASRT), and the ARRT.

      (45) "Radionuclide" means a radioactive element or a radioactive isotope.

      (46) "Radiopharmaceuticals" means radioactive drugs used for the diagnosis and treatment of disease.

      (47) "Scope of practice" means the parameter of the specific practice.

      (48) "Source of radiation" means a radioactive material, device, or equipment emitting or capable of producing ionizing radiation.

      (49) "Sponsoring institution" means an institution recognized by the board to provide a post-secondary educational program in medical imaging, limited x-ray machine operation, radiation therapy, or advanced imaging professions.

      (50) "Student" means an individual enrolled in a board-recognized educational program.

      (51) "Supervision of students" means supervised by a licensed practitioner of the healing arts or a licensee in the appropriate field of practice who directs the activity of students.

      (52) "Temporary license" means a nonrenewable license issued by the board as established in 201 KAR Chapter 46 permitting an individual to practice for a specified period of time.

      (53) "Therapeutic procedures" means medical treatments that can help diagnose, cure, or treat a patient's condition.

 

AMY ADKINS, Chair

      APPROVED BY AGENCY: November 15, 2017

      FILED WITH LRC: November 15, 2017 at 11 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 22, 2017, at 10:00 a.m., in the office of the Board of Medical Imaging and Radiation Therapy, 42 Fountain Place, Frankfort, Kentucky 40601, (502) 782-5687. Individuals interested in attending this hearing shall notify the agency in writing by five workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until the end of the day on December 31, 2017. Send written notification of intent to attend the public hearing or submit written comments on the proposed administrative regulation to:

      CONTACT PERSON: Elizabeth Morgan, Executive Director, Board of Medical Imaging and Radiation Therapy, 42 Fountain Place, Frankfort, Kentucky 40601, phone (502) 782-5687, fax (502) 782-6495, email elizabeth.morgan@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Elizabeth Morgan

      (1) Provide a brief summary of:

      (a)What this administrative regulation does: This administrative regulation defines essential terms applicable to the Medical Imaging profession and regulatory process.

      (b) The necessity of this administrative regulation: The Board of Medical Imaging and Radiation Therapy is authorized by KRS 311B.010 to 311B.190 to regulate licensees other than licensed practitioners of the healing arts, including but not limited to: the classification and licensure of medical imaging technologists, radiation therapists, radiologist assistants and limited x-ray machine operators; examinations; standards of education and experience; curricula standards for institutions teaching persons to perform medical imaging and radiation therapy procedures; issuance, renewal, and revocation of licenses; the establishment of a reasonable schedule of fees and charges to be paid by individuals for examinations, licenses and renewal licenses; and to set other standards as may be appropriate for the protection of health and safety. This administrative regulation defines terms used in 201 KAR Chapter 46.

      (c) How this administrative regulation conforms to the content of the authorizing

statutes: The regulation is in conformity as the authorizing statute gives the board the ability to promulgate regulations regarding the requirements for licensure.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation establishes definitions used in the requirements for practice of medical imaging, radiation therapy and related occupations.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The amendment: (i) amends the definitions of direct supervision and indirect supervision; (ii) delete the definition of the term "independent course of study"; and (iii) add a definition for "medical imaging" and "therapeutic procedures".

      (b) The necessity of the amendment to this administrative regulation: This amendment is necessary to address other changes in the regulations filed with this regulation, which includes the elimination of the independent study course.

      (c) How the amendment conforms to the content of the authorizing statutes: The regulation is in conformity as the authorizing statute gives the board the ability to promulgate regulations regarding the establishment of definition.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment will ensure all "terms of art" used in the regulation has an appropriate definition.

      (3) List the type and number of individuals, businesses, organizations, or state and

local governments affected by this administrative regulation: Approximately 300 state health care organizations and approximately 8,100 licensees.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: No action is required. The amendment merely defines the terms for 201 KAR Chapter 46.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There will be no cost.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Applicants and licensees benefit by having the definitions of terms used within the regulations to clarify the regulations and put the licensee on clear notice.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation: No additional Cost will be incurred as a result of amending this administrative regulation.

      (a) Initially: No new costs will be incurred by the changes.

      (b) On a continuing basis: No new costs will be incurred by the changes.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The board’s operations are funded by fees paid by licenses and applicants.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: NONE

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: NONE

      (9) TIERING: Is tiering applied? Tiering was not applied as the regulation is applicable to all licensees and applicants.


 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? Kentucky Board of Medical Imaging and Radiation Therapy.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation: KRS 311B.010 to 311B.190

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. None

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None

      (c) How much will it cost to administer this program for the first year? This regulation merely defines terms used throughout the 201 KAR Chapter 46. There is no cost associated with administering this regulation.

      (d) How much will it cost to administer this program for subsequent years? This regulation merely defines terms used throughout the 201 KAR Chapter 46. There is no cost associated with administering this regulation.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: