reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 46 - Board of Medical Imaging and Radiation Therapy › Section 201 KAR 46:060 - Continuing education requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 311B.050,
				311B.110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311B.050(2) requires the
				Board of Medical Imaging and Radiation Therapy to promulgate administrative
				regulations to administer and enforce KRS Chapter 311B.
				KRS
				311B.050(4) and
				311B.110(6)
				require the board to determine and enforce continuing education requirements
				and establish guidelines for the approval of continuing education.
				KRS
				311B.110(3) authorizes the
				board to require that all licensees obtain continuing education for ongoing
				knowledge of current practices in radiation safety and clinical procedures
				prior to licensure renewal. This administrative regulation delineates the
				requirements for continuing education and prescribes methods and standards for
				the approval of continuing education courses.
Section 1. Mandatory Continuing Education
			 Units.
(1) Medical imaging technologists,
			 advanced imaging professionals, radiographers, nuclear medicine technologists,
			 and radiation therapists shall obtain a minimum of twenty-four (24) continuing
			 education units per biennium.
(2)
			 Limited X-Ray machine operators shall obtain a minimum of twelve (12)
			 continuing education units per biennium.
(3) A continuing education unit shall be
			 earned by participating in fifty (50) contact minutes in an approved continuing
			 education program.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 46 - Board of Medical Imaging and Radiation Therapy › Section 201 KAR 46:070 - Violations and enforcement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				311B.100,
				311B.120,
				311B.150,
				311B.160,
				311B.170,
				311B.180,
				311B.190
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 311B.050
				requires the Board of Medical Imaging and Radiation Therapy to promulgate
				administrative regulations to administer and enforce KRS Chapter 311B.
				KRS
				311B.120 and
				311B.190
				require the board to promulgate administrative regulations to establish
				appropriate fees and penalties for violations.
				KRS 311B.180
				requires the board to assess penalties against an individual or licensee who
				performs diagnostic or therapeutic procedures without a valid license. This
				administrative regulation establishes uniform enforcement procedures regarding
				the licensure 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 and penalties for violation
				of li-censure requirements.
Section 1.
			 Denial, Revocation, and Suspension of Licenses.
(1) The board may deny, revoke, or suspend
			 the license of a licensee in accordance with
			 KRS
			 311B.160.
(2) A licensee shall comply with an order of
			 the board.
(3) An order of the
			 board in subsection (2) of this section shall include items such as discovery
			 orders, requests for information, subpoenas, requests for attendance before the
			 board, and responses to complaints.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 46 - Board of Medical Imaging and Radiation Therapy › Section 201 KAR 46:081 - Limited X-ray machine operator

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				311B.020,
				311B.150,
				311B.100(2),
				311B.110,
				311B.120,
				311B.180,
				311B.190
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 311B.050
				requires the Board of Medical Imaging and Radiation Therapy to promulgate
				administrative regulations to establish the procedures for the issuance and
				renewal of a license.
				KRS
				311B.100(2) and
				KRS
				311B.110(6) require the
				board to promulgate administrative regulations to establish the qualifications
				for a limited x-ray machine operator. This administrative regulation
				establishes the requirements for the licensure of a limited x-ray machine
				operator.
Section 1. Applicability.
			 This administrative regulation shall apply to individuals who perform limited
			 diagnostic radiography while under the direct supervision or indirect
			 supervision of a licensed practitioner of the healing arts.
Section 2. Limited Licensee Employment
			 Prohibition. An individual who holds a limited license shall not be employed as
			 an operator of a source of radiation at a facility where contrast studies,
			 fluoroscopy, mammography, computed tomography, magnetic resonance imaging,
			 bedside radiography, nuclear medicine, positron emission tomography, or
			 radiation therapy procedures are performed.
Section 3. Pathway to the Limited X-ray
			 Machine Operator License.
(1) An applicant
			 shall complete an approved postsecondary educational program that meets the
			 American Society of Radiologic Technologists (ASRT) Limited X-Ray Machine
			 Operator Curriculum requirements. An individual shall complete a formal
			 education program for limited x-ray machine operators approved by the
			 board.
(2) If an applicant
			 qualifies for licensure under
			 KRS
			 12.245,
			 12.354,
			 or
			 12.357,
			 the applicant shall submit and satisfy the requirements of Section 5(1) through
			 (6) of this administrative regulation, and shall submit form DD-214 or other
			 proof of active or prior military service for the applicant or spouse of the
			 applicant.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 46 - Board of Medical Imaging and Radiation Therapy › Section 201 KAR 46:090 - Complaint process and administrative hearings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 311B.050,
				311B.100,
				311B.120,
				311B.150,
				311B.160,
				311B.170,
				311B.180,
				311B.190
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) requires the
				board to investigate violations of the chapter, conduct hearings, resolve
				allegations, and to impose sanctions or penalties if appropriate.
				KRS
				311B.120,
				311B.180, and
				311B.190
				require the board to promulgate administrative regulations to establish and
				assess penalties and fees.
				KRS
				311B.170 requires the board to provide an
				administrative hearing process for a violation of KRS Chapter 311B. KRS Chapter
				13B establishes a uniform procedure to be followed by administrative agencies
				in conducting agency hearings. This administrative regulation establishes,
				consistent with the requirements of KRS Chapter 13B, the procedures to be
				followed by the board in hearing appeals of actions taken under the public
				health laws of the Commonwealth.
Section
			 1. Receipt of Complaints.
(1) A
			 complaint:
(a) May be submitted by an:
1. Individual;
2. Organization; or
3. Entity;
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 46 - Board of Medical Imaging and Radiation Therapy › Section 201 KAR 46:095 - Administrative subpoena

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				311B.050(7),
				311B.160,
				311B.170
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 KRS Chapter 311B.
				KRS
				311B.050(7) requires the
				board to investigate suspected and alleged violations of KRS Chapter 311B. 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
			 311B.050(7) 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.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 46 - Board of Medical Imaging and Radiation Therapy › Section 201 KAR 46:100 - Medical Imaging and Radiation Therapy Scholarship and Continuing Education Fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 311B.050,
				311B.130
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 311B.050
				requires the Board of Medical Imaging and Radiation Therapy to promulgate
				administrative regulations to administer and enforce KRS Chapter 311B and
				designate funds for scholarships, program development, or continued education.
				KRS
				311B.130 appropriates that moneys collected
				shall be used for the payment of operational expenses incurred in fulfilling
				the board's duties as described in KRS Chapter 311B and administrative
				regulation. This administrative regulation implements the Kentucky Medical
				Imaging and Radiation Therapy Scholarship and Continuing Education Fund and
				establishes the requirements relating to the program.
Section 1. Application:
(1) To be eligible for the scholarship, an
			 applicant shall submit:
(a) A completed and
			 signed application, KBMIRT Form 10;
(b) A current resume or curriculum
			 vitae;
(c) Three (3) letters of
			 recommendation;
(d) Official
			 transcripts from highest level of education achieved; and
(e) A written statement describing
			 applicant's professional goals, not to exceed 250 words.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 47 - Board of Durable Medical Equipment › Section 201 KAR 47:010 - Home medical equipment and supplier licenses, requirements, and fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				309.404,
				309.406,
				309.412,
				309.414,
				309.416,
				309.418,
				309.420,
				324B.030,
				324B.040,
				Pub.
				L. 104-191
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				309.404(4) and
				309.406(1)(a)
				authorize the board to promulgate administrative regulations governing home
				medical equipment and service providers. This administrative regulation
				establishes the minimum requirements for the licensing of a home medical
				equipment and services provider.
Section
			 1. License Required. Unless exempted by
			 KRS
			 309.412(2), an entity
			 engaged in providing home medical equipment and services in the commonwealth
			 shall hold a license.
Section 2.
			 Initial License.
(1) An applicant for
			 licensure that does not currently hold or that has not previously held a
			 license in the commonwealth shall submit:
(a)
			 Form 1, Application for Licensure or Renewal; and
(b) Evidence of the ability to comply with
			 KRS 309.400 through
			 KRS
			 309.422 and 201 KAR Chapter 47. To
			 demonstrate the ability to comply with those provisions, the applicant shall:
1. At the time of application, submit proof
			 of accreditation or exemption by a national accreditation organization approved
			 by the Centers for Medicare and Medicaid Services that accredits suppliers of
			 durable medical equipment; or
2.
			 Within sixty (60) days of application, submit to an inspection by the board to
			 ensure the applicant's ability to comply with the provisions of
			 KRS 309.400 through
			 KRS
			 309.422 and 201 KAR Chapter 47. The board
			 shall not consider a license application, a license shall not be issued, and
			 the applicant shall not engage in the business of providing home medical
			 equipment or services until the board is provided a final report from the
			 inspector demonstrating the applicant's ability to comply with the provisions
			 of
			 KRS 309.400 through
			 KRS
			 309.422 and 201 KAR Chapter 47.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 47 - Board of Durable Medical Equipment › Section 201 KAR 47:020 - Inspections, discipline, reinstatement, and administrative appeals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				17.500, Chapter 209, 309.406, 309.412,
				309.414, 309.416, 309.418, 309.420, 439.3401
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				309.404(4) and
				309.406(1)(a)
				authorize the board to promulgate administrative regulations governing home
				medical equipment and services providers.
				KRS
				309.418 authorizes the board to discipline
				licensees and expunge minor violations. This administrative regulation
				establishes inspection and investigation procedures, the process for seeking an
				expungement of a minor violation, and the process for appeals.
Section 1. Inspections.
(1) Pursuant to
			 KRS
			 309.406 and
			 309.414, the board and its
			 inspectors may inspect and investigate all applicants and licensees as well as
			 their premises and records:
(a) In
			 conjunction with an application;
(b) If the board has grounds to believe that
			 the actions of an applicant or licensee are endangering the public;
(c) If there is reason to believe an
			 applicant or licensee has violated any provision of KRS Chapter 309.400 through
			 309.422 or 201 KAR Chapter 47;
(d)
			 To investigate a complaint; or
(e)
			 To verify that action has been taken to correct a
			 violation.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 47 - Board of Durable Medical Equipment › Section 201 KAR 47:030 - Complaint and disciplinary process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				309.406,
				309.412,
				309.414,
				309.416,
				309.418,
				309.420
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				309.406(1)(d) authorize the
				board to promulgate administrative regulations governing home medical equipment
				and service providers.
				KRS
				309.406(1)(d) authorizes the
				board to investigate complaints or violations of the home medical equipment
				laws and the administrative regulations. This administrative regulation
				establishes the process by which the board investigates complaints and
				violations.
Section 1. Definitions.
(1) "Board" is defined by
			 KRS
			 309.402.
(2) "Charge" means a specific allegation
			 contained in a document issued by the board or hearing panel alleging a
			 violation of a specified provision of
			 KRS 309.400 through
			 309.422
			 or 201 KAR Chapter 47.
(3)
			 "Complaint" means a written complaint alleging a violation of
			 KRS 309.400 through
			 309.422
			 and 201 KAR Chapter 47.
(4)
			 "Complainant" means a person who files a complaint pursuant to this
			 administrative regulation.
(5)
			 "Complaint Committee" means the committee appointed pursuant to Section 2 of
			 this administrative regulation.
(6)
			 "Formal complaint" means a formal administrative pleading or notice of
			 administrative hearing authorized by the board that establishes charges against
			 a licensee or applicant and commences a formal disciplinary proceeding in
			 accordance with KRS Chapter 13B.
(7) "Initiating complaint" means an
			 allegation alleging misconduct by a licensee or applicant or alleging that an
			 unlicensed person is engaging in unlicensed practice or using a title without
			 holding a license. A certified copy of a court record for a misdemeanor or
			 felony conviction constitutes a valid initiating complaint.
(8) "Order" means the whole or a part of a
			 final disposition of a hearing.
(9)
			 "Respondent" means the individual or entity against whom an initiating or a
			 formal complaint has been made.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 2 - Kentucky Housing Corporation › Section 202 KAR 2:020 - Rural Housing Trust Fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 198A.740 - 198A.750
NECESSITY, FUNCTION, AND CONFORMITY: KRS 198A.744 authorizes
				Kentucky Housing Corporation to administer the Rural Housing Trust Fund by
				providing loans or grants for eligible activities, as established in KRS 198A.746, to create new sources of funding or to supplement existing sources of
				funding for the development of housing for moderate-income individuals or
				families in rural areas. KRS 198A.746 authorizes Kentucky Housing Corporation
				to define relocation costs to be paid if the development of rural housing
				displaces moderate-income individuals or families. This administrative
				regulation establishes additional criteria to qualify for the loans and grants
				and establishes the procedures to be followed in paying relocation
				costs.
Section 1. Qualification
			 Criteria.
(1) Applications shall be
			 prioritized based on the priorities established in KRS 198A.748(6).
(2) Single-family project applications shall
			 be competitively ranked based on the following criteria:
(a) Willingness to serve those in the most
			 impacted and distressed disaster counties;
(b) Readiness to proceed;
(c) Number of units to be addressed by the
			 project;
(d) Demonstrated
			 experience in development or repair of housing;
(e) Projects to house disaster survivors
			 still living in shelters, doubled up with family, or in another unsustainable
			 housing situation;
(f) Established
			 relationships and mechanisms to ensure a pipeline of moderate-income homebuyer
			 referrals;
(g) Demonstrated
			 expansion of capacity to develop at scale; and
(h) Demonstrated financial capacity to carry
			 out larger-scale housing projects.
(3) Multifamily project applications shall be
			 competitively ranked based on the following criteria:
(a) Willingness to serve those in the most
			 impacted and distressed western Kentucky disaster counties;
(b) Readiness to proceed;
(c) Experience in development of multifamily
			 housing utilizing Kentucky Housing Corporation financing resources;
(d) Demonstrated financial capacity to carry
			 out larger-scale housing projects; and
(e) Projects awarded under the Kentucky
			 Housing Corporation tax exempt bond notice of funding availability in
			 accordance with the terms of the notice of funding availability.
(4) Approval of applications shall
			 be based on the numerical ranking received and the availability of
			 funds.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 3 - Kentucky Lottery Corporation › Section 202 KAR 3:010 - Code of ethics

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				154A.060(2)(e)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				154A.060(2)(e) requires the
				Kentucky Lottery Corporation to promulgate an administrative regulation
				establishing a code of ethics for officers and employees of the corporation.
				This administrative regulation establishes the Code of Ethics of the Kentucky
				Lottery Corporation.
Section 1. Code of
			 Ethics. An officer or employee of the Kentucky Lottery Corporation shall comply
			 with the Kentucky Lottery Corporation Code of Ethics.
Section 2. Incorporation by Reference.
(1) The "Kentucky Lottery Corporation Code of
			 Ethics", April 15, 2019, is incorporated by reference.
(2) This material may be inspected, copied,
			 or obtained, subject to applicable copyright law, at the Kentucky Lottery
			 Corporation, 1011 West Main Street, Louisville, Kentucky 40202-2623, Monday
			 through Friday, 8 a.m. to 5 p.m.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 3 - Kentucky Lottery Corporation › Section 202 KAR 3:020 - Procurement procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				154A.060(2)(a),
				154A.120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				154A.120(1) authorizes the
				Kentucky Lottery Corporation to promulgate an administrative regulation
				establishing its procurement procedures. This administrative regulation
				establishes the procurement procedures of the Kentucky Lottery
				Corporation.
Section 1. Procurement
			 Procedures. The procurement procedures of the Kentucky Lottery Corporation are
			 established in the Kentucky Lottery Corporation Procurement Procedures. These
			 procedures shall apply in lieu of the Kentucky Model Procurement Code, unless
			 otherwise specifically indicated.
Section
			 2. Incorporation by Reference.
(1) "Kentucky Lottery Corporation Procurement
			 Procedures", May 14, 2021, is incorporated by reference.
(2) This material may be inspected, copied,
			 or obtained, subject to applicable copyright law, at the Kentucky Lottery
			 Corporation, 1011 West Main Street, Louisville, Kentucky 40202-2623, Monday
			 through Friday, 8 a.m. to 5 p.m. This material may also be viewed on the
			 Kentucky Lottery Corporation's Web site at
www.kylottery.com
.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 3 - Kentucky Lottery Corporation › Section 202 KAR 3:040 - Internal Audit

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				154A.020(1),
				154A.030,
				154A.050(2)(b),
				154A.060(2)(a),
				(c)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				154A.020(1) requires the
				Kentucky Lottery Corporation to be accountable to the Governor, the General
				Assembly, and the people of the Commonwealth through a system of audits,
				reports, and thorough financial disclosure. As a part of that system of
				accountability,
				KRS
				154A.060(2)(c) requires the
				corporation to promulgate by administrative regulation a system of continuous
				internal audits. This administrative regulation establishes the system of
				continuous internal audits for the Kentucky Lottery Corporation.
Section 1. Definitions.
(1) "Board" means the Board of Directors of
			 the corporation established by
			 KRS
			 154A.030.
(2) "Internal audit department" means the
			 department head of internal audit, together with other employees of the
			 corporation who are designated by the president of the corporation and approved
			 by the audit committee.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 6 - 911 Services Board › Section 202 KAR 6:010 - Definitions for 202 KAR Chapter 6

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 65.7621-65.7643,
				9
				U.S.C. 1-16,
				47
				U.S.C. 153(27),
				332(d)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				65.7633(1) requires the
				Kentucky 911 Services Board to implement the provisions of
				KRS
				65.7621 to
				65.7643
				through the promulgation of administrative regulations. This administrative
				regulation establishes definitions for terms used in 202 KAR Chapter 6.
Section 1. Definitions.
(1) "Alternate routing" means sending 9-1-1
			 calls to a designated alternate location if all 9-1-1 trunks to the normal PSAP
			 are busy or out of service. Alternate routing may be activated automatically,
			 if an equipment failure is detected, or upon request.
(2) "Call transfer function" means the
			 ability to redirect a call to another party.
(3) "Contracted wireline E9-1-1 service
			 provider" means the company providing by signed agreement the E9-1-1 features,
			 functions, and network connections to the PSAP.
(4) "Cost recovery plan" means a detailed
			 description of how a CMRS carrier intends to comply with the wireless E9-1-1
			 requirements established in the FCC order.
(5) "Default routing" means the ability of
			 the 9-1-1 network to automatically send 9-1-1 calls to a predetermined
			 alternate PSAP if a call cannot be selectively routed due to an ANI failure or
			 other cause.
(6) "E9-1-1" means the
			 features and functions available in an enhanced 9-1-1 capable PSAP as defined
			 by the FCC order.
(7) "FCC" means
			 the Federal Communications Commission.
(8) "Next Generation 911" is defined by
			 KRS
			 65.7621(17).
(9) "Nondisclosure agreement" means a signed
			 statement whereby a person swears to maintain the confidentiality of designated
			 information provided to them.
(10)
			 "NRC" means nonrecurring cost.
(11)
			 "P-ANI" means pseudo automatic number identification as defined by
			 KRS
			 65.7621(21).
(12) "Phase I" means the interim step in
			 implementing the wireless E9-1-1 network to include the provision of a caller's
			 mobile phone number and P-ANI, and as further defined by the FCC.
(13) "Phase II" means the second step in
			 implementing the wireless E9-1-1 network to include the functions of Phase I,
			 and as further defined by the FCC.
(14) "RC" means recurring cost.
(15) "Sworn paid invoice" means a notarized
			 statement submitted with invoices for reimbursement that:
(a) Lists the included invoices or other
			 approved documentation;
(b) Attests
			 that the invoices are accurate and reflect true costs for the carrier's
			 implementation of wireless E9-1-1; and
(c) Is signed and dated by a person
			 designated by a carrier.
(16) "Sworn statement" means a notarized
			 letter signed and dated by a person designated by a PSAP, which may be given in
			 lieu of documentation.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 6 - 911 Services Board › Section 202 KAR 6:020 - CMRS carrier cost recovery

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 65.7621-65.7643,
				47
				U.S.C. 153(27),
				332(d)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				65.7631(3) requires the
				Kentucky 911 Services Board to distribute a portion of the revenues deposited
				into the CMRS fund to CMRS providers (carriers) licensed to do business in the
				Commonwealth, solely for the purpose of reimbursing the actual expenses
				incurred by the CMRS providers in complying with the wireless E911 service
				requirements established by the FCC order and any rules and regulations which
				are or may be adopted by the Federal Communications Commission in carrying out
				the FCC order.
				KRS
				65.7633(1) requires the
				Kentucky 911 Services Board to promulgate administrative regulations to
				implement
				KRS
				65.7621 to
				65.7643.
				This administrative regulation establishes the process by which CMRS carriers
				may obtain cost recovery for those expenses.
Section 1. A provider shall file a cost
			 recovery plan with the Kentucky 911 Services Board in order to receive
			 reimbursement for NRCs and RCs.
Section
			 2. Cost Recovery Plan Submission.
(1) Upon receipt of a written request for
			 wireless E911 service from a PSAP (public safety answering point) that has been
			 certified by the board in accordance with
			 KRS
			 65.7631(6)(a), the CMRS
			 carrier shall:
(a) Acknowledge receipt of the
			 request back to the PSAP within thirty (30) days; and
(b) Develop a comprehensive detailed plan for
			 implementation of E911 service for:
1. The
			 requesting PSAP; or
2. The
			 appropriate service area if the CMRS carrier's switch serves more than one (1)
			 PSAP.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 6 - 911 Services Board › Section 202 KAR 6:030 - Confidential and proprietary information

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 65.7621-65.7643,
				47
				U.S.C. 153(27),
				332(d)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				65.7633(1) requires the
				Kentucky 911 Services Board to implement the provisions of
				KRS
				65.7621 to
				65.7643
				through the promulgation of administrative regulations. In order to comply with
				KRS
				65.7629,
				65.7639,
				and administrative regulations promulgated by the Kentucky 911 Services Board,
				it is necessary that the board and PSAPs (public safety answering points)
				certified by the board obtain proprietary information.
				KRS
				65.7639 protects such information and governs
				the form and manner of its release to others. This administrative regulation
				establishes the procedures by which the board shall ensure the security of
				confidential or proprietary information.
Section
			 1. Identification of Confidential or Proprietary Information.
(1) Information identifying subscribers shall
			 be held confidential, as proprietary information belonging to the disclosing
			 CMRS provider, by the board and each of its employees. Identifying information
			 shall include a subscriber's:
(a)
			 Name;
(b) Telephone number;
			 and
(c) Billing address.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 6 - 911 Services Board › Section 202 KAR 6:060 - PSAP Pro Rata Fund disbursement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 65.7621-65.7643,
				47
				U.S.C. 153(27),
				332(d)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				65.7633(2)(c) requires the
				Kentucky 911 Services Board to establish procedures and guidelines for
				reviewing, evaluating, and approving or disapproving disbursements under
				KRS
				65.7631(3), (4), and (5)
				from the CMRS fund and requests for disbursements. This administrative
				regulation establishes the pro rata fund disbursement process.
Section 1. Revenues Collected by the Kentucky
			 911 Services Board.
(1) Monthly revenues
			 remitted to the CMRS Board after March 31, 2000 shall be disbursed to PSAPs
			 (public safety answering points) in quarterly payments.
(2) Any PSAP that is certified by the end of
			 a calendar quarter shall be eligible to receive a pro rata share of funds
			 collected during that quarter. Payments shall be made within forty-five (45)
			 days of the end of each calendar quarter.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 6 - 911 Services Board › Section 202 KAR 6:070 - PSAP Workload Fund disbursement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				65.7621,
				65.7627,
				65.7629(5)-(8),
				65.7631(5), 65.7643,
				47
				U.S.C. 153(27),
				332(d)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				65.7633(2)(c) requires the
				Kentucky 911 Services Board to establish procedures and guidelines for
				reviewing, evaluating, and approving or disapproving disbursement from the CMRS
				Fund and requests for disbursements under
				KRS
				65.7631(3), (4), and (5).
				This administrative regulation establishes the wireless workload fund
				disbursement process.
Section 1.
			 Revenues Collected by the Kentucky 911 Services Board.
(1) Wireless workload revenues remitted to
			 the CMRS Board during a calendar quarter shall be disbursed in one (1) payment
			 to PSAPs (public safety answering points) within 120 days of the end of that
			 same calendar quarter.
(2) Each
			 PSAP certified by the end of a calendar quarter shall be eligible for a
			 disbursement of funds received during that same calendar
			 quarter.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 6 - 911 Services Board › Section 202 KAR 6:080 - CMRS surcharge remittance and reporting

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				65.7621,
				65.7627,
				65.7629(3)-(9),
				(13), 65.7631, 65.7634, 65.7635, 65.7636, 65.7639, 65.7643, 142.100-142.135,
				9
				U.S.C. 1-16,
				47
				U.S.C. 153(27),
				332(d),
				FCC Order Docket #94-102, 1996
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				65.7631(5) requires the
				Kentucky 911 Services Board to collect surcharges from every prepaid, postpaid
				and Lifeline CMRS connection in the Commonwealth and to distribute a portion of
				the revenues deposited into the CMRS fund to Board-certified PSAPs, based in
				part on their workload in complying with the wireless E911 service requirements
				established by the FCC order.
				KRS
				65.7633(1) requires the
				Kentucky 911 Services Board to promulgate administrative regulations to
				implement the provisions of
				KRS
				65.7621 to 65.7643.This administrative
				regulation establishes the process by which point of sale retailers of prepaid
				wireless communication services, and CMRS providers and their resellers of
				prepaid, postpaid and Lifeline CMRS connections remit surcharges and report the
				information necessary to collect the remittances and to calculate the required
				disbursements.
Section 1. Remittance
			 of postpaid and Lifeline CMRS Surcharge.
(1)
			 A CMRS provider shall remit to the Kentucky 911 Services Board the CMRS
			 surcharge for postpaid and Lifeline subscribers on form "Provider Remittance
			 Report", incorporated by reference, and also available on the web page at
https://911board.ky.gov
.
(2) At least ninety (90) calendar days before
			 implementation of a change in remittance procedure, the board shall notify each
			 provider of the change. Notice shall include copies of required forms and
			 instructions for their completion.
(3) The board shall:
(a) Upon request of a provider, provide
			 copies of required forms and instructions for their completion; and
(b) Maintain on the Web site
https://911board.ky.gov
. a
			 copy of the form and instructions in current use.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 6 - 911 Services Board › Section 202 KAR 6:090 - Permitted uses by PSAPs for CMRS funds

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				65.7621,
				65.7627,
				65.7629(3)-(9),
				(13), 65.7631, 65.7635, 65.7639, 65.7643,
				9
				U.S.C. 1-16,
				47
				U.S.C. 153(27),
				332(d),
				FCC Order Docket #94-102, 1996
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				65.7633(2)(c) requires the
				Kentucky 911 Services Board to promulgate administrative regulations to
				establish guidelines to be followed by the board in reviewing, evaluating, and
				approving or disapproving disbursements from the CMRS fund and requests for
				disbursements under
				KRS 65.7631(4)
				and (5).
				KRS
				65.7631(5) restricts the use
				of funds disbursed solely for the purposes of answering, routing, and properly
				disposing of CMRS 911 calls, training PSAP staff, public education, and
				complying with the wireless E911 service requirements established by the FCC.
				This administrative regulation establishes requirements to be followed by the
				board in its review and evaluation of disbursement requests by local 911
				centers.
Section 1. Definitions.
(1) "AVL" means automatic vehicle location
			 systems used to track emergency responder vehicles.
(2) "CAD" means computer aided dispatch
			 systems used by 911 personnel to allocate and track emergency responder
			 resources during a 911 call.
(3)
			 "EMS" means emergency medical system, which includes paramedics, emergency
			 medical technicians, and other personnel and equipment used to respond to
			 medical emergencies.
(4) "GIS"
			 means Geographic Information Systems used to create, maintain, and manage
			 graphic location data for use by PSAPs or services routing emergency calls to
			 PSAPs.
(5) "LINK/NCIC" means the
			 Law Enforcement Information Network of Kentucky and the National Crime
			 Information Center, two (2) systems commonly used by law enforcement and
			 emergency communications personnel for short messaging between agencies and to
			 request vehicle, driver, and criminal history checks.
(6) "MSAG" means Master Street Address Guide,
			 the database used by 911 centers to determine an emergency call's initial
			 location.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 6 - 911 Services Board › Section 202 KAR 6:100 - PSAP Phase II certification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 65.7621-65.7643,
				47
				U.S.C. 153(27),
				332(d)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				65.7631(6)(a) states that no
				PSAP shall be eligible to request or receive a disbursement from the CMRS fund
				unless and until the PSAP demonstrates that the PSAP has made the investment
				which is necessary to allow the PSAP to receive and utilize the data elements
				associated with wireless E911 service.
				KRS
				65.7633(1) requires the
				Kentucky 911 Services Board to implement the provisions of
				KRS
				65.7621 to
				65.7643
				through the promulgation of administrative regulations. This administrative
				regulation establishes the process by which a PSAP shall demonstrate its
				ability to receive and utilize the data elements associated with wireless E911
				and Next Generation 911 (NG911) service.
Section
			 1. PSAPs not currently certified by the Kentucky 911 Services
			 Board in accordance with
			 202 KAR 6:050
			 shall not be eligible for disbursement from the CMRS fund as provided in
			 KRS
			 65.7631(6) until they
			 successfully complete both the requirements established in
			 202 KAR 6:050
			 and Sections 5 through 7 of this administrative regulation.
Section 2. PSAPs Already Certified by the
			 Kentucky 911 Services Board.
(1) In order to
			 maintain continued eligibility for CMRS funds, PSAPs that are currently
			 certified by the Kentucky 911 Services Board in accordance with
			 202 KAR 6:050
			 shall no later than September 1, annually submit:
(a) An updated PSAP Annual Survey, including
			 any changes to the documentation supplied in their original Phase I
			 Application; and
(b) Based on an
			 actual tabulation of call traffic for at least the first week in each calendar
			 quarter:
1. A count of wireless 911 calls
			 received by the PSAP for the previous fiscal year;
2. A count of non-wireless 911 calls received
			 by the PSAP for the previous fiscal year; and
3. An accounting of the receipt and
			 disbursement of funds used to operate the PSAP as provided in
			 KRS
			 65.7630(3).
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:010 - Definitions for 202 KAR Chapter 7

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				311A.010
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311A.030 requires the board to promulgate
				administrative regulations relating to emergency medical services. This
				administrative regulation establishes the definitions used in 202 KAR Chapter
				7.
Section 1. Definitions.
(1) "Abandonment" means:
(a) Leaving the physical presence of a
			 patient, once care is initiated, without assuring the presence of appropriately
			 qualified personnel who is certified at or above the level of the original
			 caregiver who continues or maintains care;
(b) Failure to physically transfer documents
			 or other information relating to the condition or care of a patient to
			 ambulance services, medical facilities or appropriately qualified personnel
			 assuming care for a patient;
(c)
			 Failure to communicate to ambulance services, medical facilities or
			 appropriately-qualified personnel assuming care for a patient, information
			 pertinent to the physical findings or care of a patient while in the care of a
			 first responder, EMT, or paramedic; or
(d) Other act that fails to maintain the
			 continuity of care for a patient that is or has been in the care of a first
			 responder, EMT, or paramedic.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:030 - Fees of the board

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 311A.145
NECESSITY, FUNCTION, AND CONFORMITY: KRS 311A.145 authorizes
				the board to promulgate administrative regulations establishing a reasonable
				schedule of fees for examinations, licensure, certification, inspections,
				applications, and other provided services and materials. This administrative
				regulation establishes those fees.
Section
			 1. Definitions.
(1) "Critical
			 violation" means an inspection deficiency listed in the current Agency License
			 & Vehicle Inspection Critical Violation List.
(2) "Non-critical violation" means any
			 inspection deficiency that is not a critical violation as defined by subsection
			 (1) of this section.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:055 - Advisory opinions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				311A.040
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 311A.040
				authorizes the board to issue advisory opinions.
				KRS 311A.040
				requires the board to promulgate an administrative regulation for submission,
				consideration, and disposition of a request for an advisory opinion. This
				administrative regulation establishes those procedures.
Section 1. Form of Request.
(1) The request shall be signed by one (1) or
			 more persons, with each signer's mailing address and telephone number, and if
			 available, telefax number and email address, clearly indicated. If a person
			 signs on behalf of a corporation or association, the name of the entity, the
			 address, telephone number and telefax number of the entity shall be included.
			 The signer shall date the request.
(2) The request shall contain:
(a) A clear and concise statement of all
			 relevant facts on which the ruling is requested;
(b) A citation and the relevant language of
			 the specific statutes, administrative regulations, decisions, orders, or other
			 written statements of law or policy, where applicability is questioned; and any
			 other relevant law;
(c) Each
			 question the requester wants answered, stated in clear and concise
			 language;
(d) The requester's
			 proposed response to each question presented and a summary of the rationale
			 supporting each proposed response;
(e) Any supportive documentation or research;
			 and
(f) A statement indicating
			 whether the requester currently is a party to another proceeding involving the
			 questions at issue and whether, to the requester's knowledge or belief, each
			 question has been decided by, is pending determination by, or is under
			 investigation by any governmental entity or other entity with authority over a
			 person or entity which the board governs or regulates.
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:201 - Emergency medical responders

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				12.355,
				311A.010,
				311A.025,
				311A.030,
				311A.050-311A.090,
				311A.095,
				311A.100,
				311A.120,
				311A.140,
				311A.145,
				311A.160,
				10 U.S.C.
				121,
				12304
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311A.020 requires the board to promulgate
				administrative regulations relating to emergency medical responders.
				KRS
				311A.025 and
				311A.160 require the board to
				establish standards relating to emergency medical responders. This
				administrative regulation establishes the standards relating to emergency
				medical responders.
Section 1.
			 Emergency Medical Responder Student Eligibility. An individual shall be
			 eligible to enroll as a student in an Emergency Medical Responder training
			 program if the applicant:
(1) Is not
			 currently subject to disciplinary action pursuant to KRS Chapter 311A that
			 would prevent certification; and
(2) Meets all additional requirements
			 established by the EMS Training and Educational Institution
			 (TEI).
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:301 - Emergency medical technician

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				12.355,
				311A.010,
				311A.025,
				311A.050-311A.090,
				311A.095,
				311A.100,
				311A.120,
				311A.130,
				311A.140,
				311A.145,
				311A.165,
				10 U.S.C.
				121,
				12304
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311A.025 requires the board to promulgate
				administrative regulations relating to Emergency Medical Technicians. This
				administrative regulation establishes requirements for Emergency Medical
				Technicians.
Section 1. Emergency
			 Medical Technician Student Eligibility.An individual shall be eligible to
			 enroll as a student in an Emergency Medical Technician education and training
			 program if the applicant:
(1) Is not
			 currently subject to disciplinary action pursuant to KRS Chapter 311A that
			 would prevent certification; and
(2) Meets all additional requirements
			 established by the EMS Training and Educational Institution
			 (EMS-TEI).
Kentucky Administrative Regulations › Title 202 - INDEPENDENT ADMINISTRATIVE BODIES › Chapter 7 - Kentucky Board of Emergency Medical Services › Section 202 KAR 7:330 - Advanced emergency medical technician

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				12.355,
				38.030, Chapter 39, 39A.050,
				311A.010, 311A.020, 311A.025, 311A.050-311A.090, 311A.095, 311A.100, 311A.120,
				311A.140, 311A.145, 311A.150, 311A.195,
				10 U.S.C.
				121,
				12304
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				311A.025(2) requires the
				board to promulgate administrative regulations relating to the standards for
				training, education, examination, certification, practice, and recertification
				of the Advanced Emergency Medical Technician (AEMT). This administrative
				regulation establishes requirements for Advanced Emergency Medical
				Technician.
Section 1. Advanced
			 Emergency Medical Technician Student Eligibility. An individual shall be
			 eligible to enroll as a student in an Advanced Emergency Medical Technician
			 education and training program if the applicant:
(1) Is currently certified at a minimum of an
			 Emergency Medical Technician by the board or the NREMT;
(2) Is not currently subject to disciplinary
			 action pursuant to KRS Chapter 311A that would prevent certification;
			 and
(3) Meets all additional
			 requirements established by the EMS Training and Educational Institution
			 (EMS-TEI).