GENERAL GOVERNMENT CABINET

Board of Medical Imaging and Radiation Therapy

(Amendment)

 

      201 KAR 46:035. Practice standards, scopes of practice, and ethical standards.

 

      RELATES TO: 311B.080

      STATUTORY AUTHORITY: KRS 311B.050(2), 311B.080

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 311B.050(2) requires the Kentucky Board of Medical Imaging and Radiation Therapy to promulgate administrative regulations to administer and enforce KRS Chapter 311B. KRS 311B.080 requires the board to recognize and enforce national practice standards and scopes of practice. This administrative regulation establishes uniform standards for the licensure of individuals who perform medical imaging and radiation therapy for diagnostic and therapeutic purposes while under the supervision of a licensed practitioner of the healing arts.

 

      Section 1. Applicability. A licensee shall only perform medical imaging or radiation therapy for diagnostic medical imaging or therapeutic purposes while under the direct or indirect supervision as specified by a licensee’s practice standards, by a licensee’s scope of practice, or in the ACR-AAPM Technical Standard for the Management of the Use of Radiation in Fluoroscopic Procedures as listed in Section 3 of this administrative regulation.

 

      Section 2. If a licensee’s practice standards, a licensee’s scope of practice, or the ACR-AAPM Technical Standard for the Management of the Use of Radiation in Fluoroscopic Procedures fails to specify who may provide direct or indirect supervision, a licensee shall only perform medical imaging or radiation therapy for diagnostic medical imaging or therapeutic purposes while under the direct or indirect supervision of a licensed practitioner of the healing arts.

 

      Section 3. Practice Standards. A licensee shall perform according to practice standards of the discipline for which the licensee holds a credential, as established by the American Society of Radiologic Technologists (ASRT), the American College of Radiology (ACR), the American Association of Physicists in Medicine (AAPM), and the Society of Nuclear Medicine and Molecular Imaging (SNMMI) and incorporated by reference. These standards include the:

      (1) Radiography Practice Standards;

      (2) Nuclear Medicine Technologist Scope of Practice and Performance Standards;

      (3) Positron Emission Tomography (PET) Technologist Scope of Practice and Performance Standards;

      (4) Scope of Practice for the Nuclear Medicine Advanced Associate;

      (5) Radiation Therapy Practice Standards;

      (6) Bone Densitometry Practice Standards;

      (7) Cardiac Interventional and Vascular Interventional Technology Practice Standards;

      (8) Computed Tomography Practice Standards;

      (9) Limited X-ray Machine Operator Practice Standards;

      (10) Mammography Practice Standards;

      (11) Radiologist Assistant Practice Standards;

      (12) ACR ASRT Joint-Policy Statement-Radiologist Assistant: Roles and Responsibilities;[and]

      (13) ACR-AAPM Technical Standard For Management Of The Use Of Radiation In Fluoroscopic Procedures;

      (14) The American Registry of Radiologic Technologists’ Code of Ethics; and

      (15) The Nuclear Medicine Technology Certification Board’s Code of Ethics.

 

      Section 4. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Radiography Practice Standards", revised June 25, 2017[26, 2016];

      (b) "Nuclear Medicine Technologist Scope of Practice and Performance Standards", June 2016;

      (c) "Positron Emission Tomography (PET) Technologist Scope of Practice and Performance Standards", revised January 26, 2013;

      (d) "Scope of Practice for the Nuclear Medicine Advanced Associate", created 2009;

      (e) "Radiation Therapy Practice Standards ", revised June 25, 2017[26, 2016];

      (f) "Bone Densitometry Practice Standards", revised June 25, 2017[26, 2016];

      (g) "Cardiac Interventional and Vascular Interventional Technology Practice Standards", revised June 25, 2017[26, 2016];

      (h) "Computed Tomography Practice Standards", revised June 25, 2017[26, 2016];

      (i) "Limited X-ray Machine Operator Practice Standards", revised June 25, 2017[26, 2016];

      (j) "Mammography Practice Standards", revised June 25, 2017 [26, 2016];

      (k) "Radiologist Assistant Practice Standards", revised June 25, 2017[26, 2016];

      (l) "ACR ASRT Joint Policy Statement-Radiologist Assistant: Roles and Responsibilities", May 2003;

      (m) "ACR-AAPM Technical Standard For Management Of The Use Of Radiation In Fluoroscopic Procedures", revised 2013 (Resolution 44);

      (n) The American Registry of Radiologic Technologists’ Code of Ethics;

      (o) The Nuclear Medicine Technology Certification Board’s Code of Ethics; and

      (p) The Practice Standards for Medical Imaging and Radiation Therapy, Glossary, (June 25, 2017); and

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at:

      (a) American Society of Radiologic Technologists, 15000 Central Ave. SE Albuquerque, NM 87123-3909, https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards[http://www.asrt.org/main/standards-regulations/practice-standards];

      (b) Society for Nuclear Medicine and Molecular Imaging, 1850 Samuel Morse Drive Reston, Virginia 20190, http://www.snmmi.org, or

      (c) The American Registry of Radiologic Technologists’ Code of Ethics, 125 Northland Drive, Saint Paul, Minnesota 55120, https://www.arrt.org/docs/default-source/Governing-Documents/code-of-ethics.pdf?sfvrsn=10;

      (d) The Nuclear Medicine Technology Certification Board, 3558 Habersham at Northlake, Building I, Tucker, Georgia 30084, https://www.nmtcb.org/policies/ethics.php;

      (e) The Board of Medical Imaging and Radiation Therapy, 125 Holmes Street, Suite 320[42 Fountain Place], Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m.

 

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 practice standards, scopes of practice, and ethical standards for individuals licensed by the board.

      (b) The necessity of this administrative regulation: The necessity of this regulation is to establish the practice standards, scopes of practice, and ethical standards of licensees who perform medical imaging or radiation therapy for diagnostic medical imaging or therapeutic purposes.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation is in conformity as the authorizing statute giving the board the ability to promulgate regulations to carry out and enforce the provisions of KRS 311B.050(3), which authorizes the board to issue and renew the licenses of duly qualified applicants, following procedures established by the board through the promulgation of administrative regulations.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation establishes the practice standards, scopes of practice, and ethical standards of licensees who perform medical imaging or radiation therapy for diagnostic medical imaging or therapeutic purposes. It assists in knowing the expectations of their scope of practice.

      (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) adds the Code of Ethics for the American Registry of Radiologic Technologists and the Nuclear Medicine Technology Certification Board; (ii) the glossary for; and (iii) updates various standards of practices.

      (b) The necessity of the amendment to this administrative regulation: The amendment is necessary to ensure the licensees are held to the most up-to-date standards of practice and code of ethics in the industry.

      (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 the standards of practice.

      (d) How the amendment will assist in the effective administration of the statutes: The amendment will assist with the board employing the same standards of practice and code of ethics that is required of every licensee in Kentucky that is required of the national credentialing agency.

      (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 8,000 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: Licensees will be required to comply with the standards of practice and code of ethics that he or she is already required to comply with in accordance with their national certification.

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

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Qualified individuals will be able to be licensed and maintain previously issued licenses.

      (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 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.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: No.

      (9) TIERING: Is tiering applied?: Tiering was not applied as the regulation is applicable to all credential holders. 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.050, 311B.080

      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? There is no cost associated with administering this regulation.

      (d) How much will it cost to administer this program for subsequent years? 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: