GENERAL GOVERNMENT CABINET

Board of Medical Imaging and Radiation Therapy

(Amendment)

 

      201 KAR 46:020. Fees.

 

      RELATES TO: KRS 311B.050, 311B.100(2), 311B.110, 311B.120, 311B.130, 311B.140, 311B.180, 311B.190

      STATUTORY AUTHORITY: KRS 311B.010, 311B.050, 311B.120

      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. KRS 311B.120 requires the board to promulgate administrative regulations to establish fees and penalties. This administrative regulation establishes fees for the licensure of an advanced imaging professional, a medical imaging technologist, a radiographer, a radiation therapist, a nuclear medicine technologist, and a limited x-ray machine operator.

 

      Section 1. Initial Application and License Fee. A non-refundable initial application and license fee shall be $100.

 

      Section 2. Renewal License Fee. A non-refundable renewal fee shall be fifty (50) dollars per year.

 

      Section 3. Temporary Application and License Fee. A non-refundable fee for a temporary license shall be $100.

 

      Section 4. Provisional Training License Fee. A nonrefundable fee for a provisional training license for a radiation therapist and a nuclear medicine technologist shall be fifty (50) dollars per twenty-four (24) month training period.

 

      Section 5. Temporary Limited X-ray Machine Operator Application and License Fee. A non-refundable, non-transferrable fee for a license shall be $100.

 

      Section 6. Duplicate License Fee. A nonrefundable fee for a duplicate license shall be twenty (20) dollars.

 

      Section 7. Reinstatement Fee. A reinstatement fee shall be $100.

 

      Section 8. Name Change Fee. A nonrefundable fee for a new printed license with a name change shall be twenty (20) dollars.

 

      Section 9. Limited X-ray Machine Operator Examination Fee. A nonrefundable fee for the limited x-ray machine operator examination shall be $150.

 

      Section 10.[Home Study Course Fee. A non-refundable administrative fee for the independent study course for a limited x-ray machine operator shall be $500.

 

      Section 11.] Insufficient Funds Fee. A fee for returned check or denied online banking (ACH) payment shall be fifty (50) dollars.

 

      Section 11.[12.] Written Verification of Qualifications Fee. The fee for completion of written verification documents shall be twenty-five (25) dollars per document.

 

      Section 12.[13.] Continuing Education Approval Fee. (1) Individual continuing education program fee shall be ten (10) dollars.

      (2) Annual sponsoring institution fee shall be $100.

 

      Section 13.[14.] Late Fee. (1) An individual who fails to renew a license by the expiration date shall be assessed a late fee according to the following schedule based upon the expiration date:

      (a) One (1) to five (5) days late - no penalty;

      (b) Six (6) to thirty (30) days late - twenty (20) dollars per calendar day; and

      (c) More than thirty (30) days late - $750 flat fee.

      (2) The late fee, if applicable, shall be in addition to the renewal fee required by Section 2 of this administrative regulation, and the reinstatement fee required by Section 7 of this administrative regulation.

 

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 establishes the fees to be assessed to licensees and applicants.

      (b) The necessity of this administrative regulation: The necessity of this regulation is to advise the public, licensee and applicant of fees to be assessed.

      (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 establishing fees.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation establishes the fees to assessed from applications, renewals, late filings, reinstatement, name change, and various other programs and services provided by the board.

      (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 eliminates the fee for the independent study program for limited x-ray operators.

      (b) The necessity of the amendment to this administrative regulation: This regulation is necessary since the board is eliminating the independent study program for limited x-ray operators.

      (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 fees.

      (d) How the amendment will assist in the effective administration of the statutes: The amendment will assist the board is ensuring only competent individuals are operating radiation-producing equipment. This regulation will notify the public of the late fee schedule for untimely renewal applications.

      (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: There is no new requirement by this amendment.

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

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The regulations place applicants and licensees on clear notice of the fees associated with licensure and procedures.

      (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 established by this regulation and paid by licensees 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: No increase in fees or funding is required to implement this administrative regulation.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This amendment to the administrative regulation establishes new fees and increases other fees.

      (9) TIERING: Is tiering applied? Tiering is not applied to this regulation. This regulation does not distinguish between similarly situated individuals on the basis of any factor.

 

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.

      (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? The home study program generated $28,200.00 for FYE June 30, 2017. Elimination of the program will result in a decrease in the board’s revenue.

      (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: