Kentucky Statutes 311B.180 – Civil Penalties
Current as of: 2024 | Check for updates
|
Other versions
(1) The board shall assess civil penalties authorized by KRS § 311B.190 against an individual or licensee who performs diagnostic or therapeutic procedures without a valid license.
(2) Prior to assessing civil penalties, the board shall confirm the violation of the requirements by any of the following:
(a) Observing the violation;
(b) Obtaining records, documents, or other physical evidence;
(c) Obtaining statements from either the employer or the employee that confirm the existence of the violation; or
(d) Obtaining statements from third parties, such as patients or coworkers, that corroborate the allegation that a violation has occurred.
(3) Civil penalties shall be assessed against individuals who perform diagnostic or therapeutic procedures without a valid license as follows:
(a) Failure to apply for an initial license by an individual who is fully qualified for licensure at the time the violation is discovered shall be assessed a civil penalty plus the license application fee;
(b) Failure to apply for renewal by an individual who would be eligible for renewal of a license but would not currently qualify due to insufficient continuing education at the time the violation is discovered shall be assessed a civil penalty plus the license renewal fee;
(c) Performance of a diagnostic or therapeutic procedure requiring licensure by an individual who is not qualified for a license at the time the violation is discovered shall be assessed a civil penalty; and
(d) Civil penalties for repeating the above offenses shall be doubled. Each day the violation occurs shall count as a separate repeat offense.
(4) Civil penalties, double the amount assessed against the licensee, shall also be assessed against the employer of the individual without a valid license pursuant to subsection (3) of this section.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 50, sec. 18, effective July 12, 2012.
(2) Prior to assessing civil penalties, the board shall confirm the violation of the requirements by any of the following:
Terms Used In Kentucky Statutes 311B.180
- Allegation: something that someone says happened.
- Board: means the Kentucky Board of Medical Imaging and Radiation Therapy. See Kentucky Statutes 311B.020
- Continuing education: means a learning activity that is planned, organized, and administered to enhance the professional knowledge and skills of a licensed individual of medical imaging or radiation therapy to provide services for patients, the public, or the medical profession. See Kentucky Statutes 311B.020
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(a) Observing the violation;
(b) Obtaining records, documents, or other physical evidence;
(c) Obtaining statements from either the employer or the employee that confirm the existence of the violation; or
(d) Obtaining statements from third parties, such as patients or coworkers, that corroborate the allegation that a violation has occurred.
(3) Civil penalties shall be assessed against individuals who perform diagnostic or therapeutic procedures without a valid license as follows:
(a) Failure to apply for an initial license by an individual who is fully qualified for licensure at the time the violation is discovered shall be assessed a civil penalty plus the license application fee;
(b) Failure to apply for renewal by an individual who would be eligible for renewal of a license but would not currently qualify due to insufficient continuing education at the time the violation is discovered shall be assessed a civil penalty plus the license renewal fee;
(c) Performance of a diagnostic or therapeutic procedure requiring licensure by an individual who is not qualified for a license at the time the violation is discovered shall be assessed a civil penalty; and
(d) Civil penalties for repeating the above offenses shall be doubled. Each day the violation occurs shall count as a separate repeat offense.
(4) Civil penalties, double the amount assessed against the licensee, shall also be assessed against the employer of the individual without a valid license pursuant to subsection (3) of this section.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 50, sec. 18, effective July 12, 2012.