GENERAL GOVERNMENT CABINET

Board of Medical Imaging and Radiation Therapy

(New Administrative Regulation)

 

      201 KAR 46:095. Administrative subpoena.

 

      RELATES TO: KRS 311B.050(7), 311B.160, 311B.170

      STATUTORY AUTHORITY: KRS 311B.050(1), (2), KRS 311B.050(7)

      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) authorizes the board to investigation suspected and alleged violations of KRS Chapter 311B or 201 KAR Chapter 46. This administrative regulation establishes procedures for issuing an administrative subpoena, which is necessary to investigate and resolve suspected and alleged violations.

 

      Section 1. The Board of Medical Imaging and Radiation Therapy may issue an administrative subpoena to investigate a complaint or suspected violation of KRS Chapter 311B or 201 KAR Chapter 46.

 

      Section 2. Administrative Subpoenas. (1) The board shall issue a subpoena in accordance with KRS 335.515(2) to require the production of books, electronic records, papers, documents, or other evidence at a specified time and place.

      (2) If information requested by the board is encrypted, the respondent shall:

      (a) Provide the information in a readable format; and

      (b) Provide proof acceptable to the board that the requested information has been translated to a readable format without error or omission.

      (3) A person or entity served with a subpoena in accordance with subsection (1) of this section shall not intentionally destroy, alter, or falsify documents requested by the board.

 

      Section 3. Noncompliance. (1) If a person fails without good cause to produce requested documents in accordance with Section 2(1) of this administrative regulation, the board may apply to the circuit court of the county in which compliance is sought for an appropriate order to compel compliance with the provisions of the subpoena.

      (2) If a person served with a subpoena issued pursuant to Section 2(1) of this administrative regulation believes that the subpoena seeks to compel the production of documents that are protected, privileged, or not properly the subject of an administrative subpoena, the individual may, prior to the date designated for the production of the documents, apply to the circuit court of the county in which compliance is sought for an appropriate protective order limiting the scope of the subpoena or quashing it entirely.

 

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 procedure to be used in relations to an administrative subpoena being issued by Kentucky Board of Medical Imaging and Radiation Therapy.

      (b) The necessity of this administrative regulation: This administrative regulation establishes the procedures for the administrative subpoena process.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 311B.050(7) authorizes the board to investigation suspected and alleged violations of KRS Chapter 311B or 201 KAR Chapter 46. This administrative regulation establishes procedures for issuing an administrative subpoena, which is necessary to investigate and resolve suspected and alleged violations.

      (d) How this administrative regulation will assist in the effective administration of the statutes: This administrative regulation will inform the public of the administrative subpoena procedures.

      (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: Not applicable.

      (b) The necessity of the amendment to this administrative regulation: Not applicable.

      (c) How the amendment conforms to the content of the authorizing statutes: Not applicable.

      (d) How the amendment will assist in the effective administration of the statutes: Not applicable.

      (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: Entities and individuals will be required to require the produce books, papers, documents, or other evidence when commanded by the board.

      (b) In complying with this administrative regulation or amendment, how much will it cost for each of the entities: The expense should be relatively minimal.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Entities and individuals will be protected by disclosures to the board or entitled to due process in opposition to the subpoena.

      (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 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? Board of Medical Imaging and Radiation Therapy.

      (2) Identify each state or federal statute or federal regulation that authorizes the action taken by the administrative regulation: KRS 311B.050(1), (2), KRS 311B.050(7).

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation in 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? N/A

      (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? N/A

      (c) How much will it cost to administer this program for the first year? N/A

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

      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: