AN ACT relating to medical imaging and radiation therapy licensure.

UNOFFICIAL COPY 26 RS BR 1178
Page 1 of 18
XXXX 12/16/2025 12:44 PM Jacketed
AN ACT relating to medical imaging and radiation therapy licensure. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 311B.020 is amended to read as follows: 3
As used in this chapter, unless the context clearly requires otherwise: 4
(1) "Accredited educational program" means a program that is approved by a national 5
organization accep table to the board to provide education in medical imaging or 6
radiation therapy; 7
(2) "Actively employed" means an individual who is appropriately credentialed and 8
currently employed as an advanced imaging professional, medical imaging 9
technologist, radiati on therapist, an educator or administrator in any of these 10
disciplines, or a limited X-ray machine operator; 11
(3) "Advanced imaging professional" means an individual who is credentialed by a 12
national[nationally recognized certification] organization that is recognized by the 13
board; 14
(4) "Authorized user" means a physician, dentist, or podiatrist identified on a 15
radioactive materials license that authorizes the medical use of radioactive materials 16
if the license was issued by: 17
(a) The Cabinet for Health and Family Services; 18
(b) The United States Nuclear Regulatory Commission; or 19
(c) Another United States Nuclear Regulatory Commission agreement state; 20
(5) "Board" means the Kentucky Board of Medical Imaging and Radiation Therapy; 21
(6) ["Credentialed" means someone who is certified and registered by an appropriate 22
national organization that is recognized by the board; 23
(7) ]"Continuing education" means a learning activity that is planned, organized, and 24
administered to enhance the professional knowledge and skills of a licensed 25
individual of medical imaging or radiation therapy to provide services for patients, 26
the public, or the medical profession; 27
UNOFFICIAL COPY 26 RS BR 1178
Page 2 of 18
XXXX 12/16/2025 12:44 PM Jacketed
(7) "Credentialed" means someone who is certified and registered by an appropriate 1
national organization that is recognized by the board; 2
(8) "Diagnostic medical sonographer" means an individual who is authorized to 3
utilize nonionizi ng, high -frequency sound waves with specialized equipment to 4
generate images for diagnostic purposes; 5
(9) "Ionizing radiation": 6
(a) Means alpha particles, beta particles, gamma rays, X -rays, neutrons, high -7
speed electrons, high-speed protons, or other part icles capable of producing 8
ions; and 9
(b) Does not include nonionizing radiation; 10
(10) "Licensed practitioner" or "licensed practitioner of the healing arts" means a person 11
licensed in Kentucky to practice medicine, osteopathy, dentistry, chiropractic, 12
podiatry, or veterinary medicine; 13
(11)[(9)] "Limited X-ray machine operator" means an individual who performs limited 14
radiographic procedures that shall not include contrast studies, fluoroscopy, 15
magnetic resonance imaging, diagnostic medical sonography, nuclear medicine, 16
or radiation therapy procedures; 17
(12) "Magnetic resonance imaging technologist" means an individual who is 18
authorized to perform medical imaging that utilizes radiofrequency transmission 19
within a high-strength magnetic field for diagnostic or therapeutic purposes; 20
(13)[(10)] "Medical imaging technologist": 21
(a) 1. Means an individual who has completed an accredited educational 22
program in radiography, nuclear medicine, or other imaging modality 23
recognized by the board and who is licensed and gran ted privileges 24
under this chapter [. An individual licensed as a medical imaging 25
technologist or a limited X -ray machine operator shall be employed to 26
perform medical imaging at a facility where contrast studies, 27
UNOFFICIAL COPY 26 RS BR 1178
Page 3 of 18
XXXX 12/16/2025 12:44 PM Jacketed
fluoroscopy, nuclear medicine, or radiation therapy procedures are 1
performed, but a limited X -ray machine operator may only perform 2
limited diagnostic radiography]; and 3
2. Does not include a limited X-ray machine operator; and 4
(b) Shall only administer contrast media and other medications when a licensed 5
practitioner of the healing arts or an advanced practice registered nurse is 6
immediately available in person to ensure proper diagnosis and treatment of 7
adverse events; 8
(14)[(11)] "National organization" means: 9
(a) The American Society of Radiologic Technologists; 10
(b) The Nuclear Medicine Technology Certification Board; 11
(c) The American Registry of Radiologic Technologists; 12
(d) The Society of Nuclear Medicine and Molecular Imaging [Technologist 13
Section]; 14
(e) The Joint Review Committee on Education in Radiologic Technology; 15
(f) The Joint Review Committee on Educational Programs in Nuclear Medicine 16
Technology; 17
(g) The American College of Radiology;[ or] 18
(h) American Registry for Diagnostic Medical Sonography; 19
(i) The Joint Review Committee on Education in Diagnostic Medical 20
Sonography; 21
(j) Society of Diagnostic Medical Sonography; 22
(k) American Institute of Ultrasound in Medicine; 23
(l) Cardiovascular Credentialing International; 24
(m) American Registry of Magnetic Resonance Imaging Technologists; or 25
(n) Another national organization recognized by the board; 26
(15) "Nonionizing radiation" includes radiation such as radiofrequency or 27
UNOFFICIAL COPY 26 RS BR 1178
Page 4 of 18
XXXX 12/16/2025 12:44 PM Jacketed
microwaves, visible, infrared, or ultraviolet light or ultrasound; 1
(16)[(12)] "Nuclear medicine technologist" means an individual who is authorized to 2
prepare and administer radiopharmaceuticals, pharmaceuticals, and radionuclides 3
under the direction of an authorized user to perform nuclea r medicine procedures 4
for diagnostic and therapeutic purposes; 5
(17)[(13)] "Post-primary certification" means an individual who has primary 6
certification and has been awarded post -primary certification by a national 7
organization that has been recognized by the board; 8
(18)[(14)] "Primary certification" means an individual who has successfully completed a 9
formal educational program and certification in radiography, nuclear medicine, 10
radiation therapy, or other modality recognized by the board; 11
(19)[(15)] "Radiation therapist" means an individual who: 12
(a) Has completed an accredited educational program in radiation therapy; 13
(b) Is licensed by the board;[ and] 14
(c) Is authorized to utilize ionizing radiation-generating equipment and sources of 15
radiation for the planning, localization, and delivery of therapeutic procedures 16
on human beings; and 17
(d) Shall only administer contrast media and other medications when a licensed 18
practitioner of the healing arts or an advanced practice registered nurse is 19
immediately available in person to ensure proper diagnosis and treatment of 20
adverse events; and 21
(20)[(16)] "Radiographer" means an individual who is authorized to use ionizing 22
radiation-generating equipment to perform a comprehensive scope of diagnostic 23
imaging procedures a nd is responsible for the operation of radiation -generating 24
equipment, protecting the patient and staff from unnecessary radiation, and 25
selecting the appropriate exposure to produce diagnostic images with the lowest 26
reasonable exposure. 27
UNOFFICIAL COPY 26 RS BR 1178
Page 5 of 18
XXXX 12/16/2025 12:44 PM Jacketed
Section 2. KRS 311B.030 is amended to read as follows: 1
(1) The Kentucky Board of[for] Medical Imaging and Radiation Therapy is hereby 2
created to promote, preserve, and protect the public health, safety, and welfare of 3
the citizens of the C ommonwealth of Kentucky by regulating and licensing 4
individuals who use ionizing or nonionizing radiation as advanced imaging 5
professionals, medical imaging technologists, radiographers, radiation therapists, 6
nuclear medicine technologists, magnetic resonance imaging technologists, 7
diagnostic medical sonographers, limited X -ray machine operators, or any 8
combination of professions licensed under this chapter. The board shall consist of 9
eleven (11) [nine (9)] members appointed by the Governor, w ith the following 10
qualifications: 11
(a) Two (2) members shall be licensed radiographers whose primary work 12
responsibilities are related to general diagnostic radiography; 13
(b) Two (2) members shall be licensed radiographers with a post -primary 14
certification and whose primary work responsibilities are related to that post -15
primary certification; 16
(c) One (1) member shall be a licensed nuclear medicine technologist; 17
(d) One (1) member shall be a licensed radiation therapist; 18
(e) One (1) member shall be a licensed limited X-ray machine operator; 19
(f) One (1) member shall be a licensed medical imaging technologist or therapist 20
who serves as an educator in an accredited program or as an administrator in a 21
medical imaging or radiation therapy department;[ and] 22
(g) One (1) member shall be a licensed diagnostic medical sonographer whose 23
primary work responsibilities are related to diagnostic medical sonography; 24
(h) One (1) member shall be a licensed magnetic resonance imaging 25
technologist; and 26
(i) One (1) member shall be an at-large individual[ at -large] from the general 27
UNOFFICIAL COPY 26 RS BR 1178
Page 6 of 18
XXXX 12/16/2025 12:44 PM Jacketed
public with no family or business relation to health care but with an interest in 1
the rights of consumers of health services. 2
(2) All board members, except the at-large member, shall have at least five (5) years of 3
experience in their respective areas of certification or licensure and shall maintain 4
active registry or certification and Kentucky licens ure in medical imaging or 5
radiation therapy during the term as a board member. Each board member shall be a 6
resident of Kentucky or actively employed in medical imaging or radiation therapy 7
in Kentucky, and shall be in good standing with the board. 8
(3) (a) By May 1 of years in which terms expire, nominations of individuals for 9
appointment to the board shall be submitted to the Governor and may be made 10
by citizens of the Commonwealth of Kentucky through the Kentucky Society 11
of Radiologic Technologists, the K entucky Society of Nuclear Medicine 12
Technologists, the board, or other professional imaging or radiation therapy 13
organizations that are recognized by the board. 14
(b) No two (2) board members shall be residents of the same county. 15
(c) A minimum of two (2) na mes per appointment shall be submitted to the 16
Governor. 17
(4) The Governor shall make each appointment by September 1 for terms beginning 18
November 1 of that same year. The initial terms of appointment shall be staggered 19
with five (5) members appointed for fo ur (4) years and four (4) members appointed 20
for two (2) years. Thereafter, members shall be appointed to the board for terms of 21
four (4) years, expiring on October 31 of the fourth year. A board member may 22
serve two (2) consecutive appointments. After a se cond consecutive appointment, 23
that individual may not be reappointed until at least one (1) full year has passed. 24
Section 3. KRS 311B.050 is amended to read as follows: 25
The board shall: 26
(1) Administer and enforce this chapter. The board alone shall have this authority; 27
UNOFFICIAL COPY 26 RS BR 1178
Page 7 of 18
XXXX 12/16/2025 12:44 PM Jacketed
(2) Have the authority to recognize and enforce the current rules and administrative 1
regulations, practice standards, scopes of practice, and ethical standards of the 2
recognized national organizations and c ertifying bodies for technologists and 3
therapists regulated under this chapter; 4
(3) Have the authority to issue advisory opinions or declaratory rulings dealing with 5
the practice of medical imaging and radiation therapy; 6
(4) Promulgate administrative regul ations in accordance with KRS Chapter 13A to 7
administer and enforce this chapter; 8
(5)[(3)] Issue and renew the licenses of duly qualified applicants, following 9
procedures established by the board through the promulgation of administrative 10
regulations; 11
(6)[(4)] Determine and enforce continuing education requirements and establish 12
guidelines for approval of continuing education; 13
(7)[(5)] Approve accredited educational programs of imaging or radiation therapy and 14
monitor compliance with the educational standar ds established by the individual 15
disciplines, as recognized by the board; 16
(8)[(6)] Designate funds for scholarships, program development, or continued 17
education; 18
(9)[(7)] Investigate suspected or alleged violations of this chapter, conduct hearings 19
and record minutes, resolve the allegations, and, if appropriate, impose sanctions or 20
penalties; and 21
(10)[(8)] Submit an annual report to the Governor and the Legislative Research 22
Commission that provides information concerning the board's work regarding 23
licensure of professionals under this chapter and that lists all hearings conducted by 24
the board and the decisions rendered. 25
Section 4. KRS 311B.090 is amended to read as follows: 26
(1) A[No] person shall not engage or attempt to engage in the operation of radiation -27
UNOFFICIAL COPY 26 RS BR 1178
Page 8 of 18
XXXX 12/16/2025 12:44 PM Jacketed
producing equipment or the administration of ionizing or nonionizing radiation for 1
the purpose of medical imaging or radiation therapy in Kentucky unless licensed in 2
accordance with[ the provisions of] this chapter. 3
(2) This chapter shall not apply to any individual licensed in the Commonwealth of 4
Kentucky as a licensed practitioner of the healing arts, any student enrolled in an 5
approved educational program in medical imaging technology or radiation therapy 6
while comple ting the clinical requirements of the educational program , or any 7
employee of the federal government engaged in the performance of official duties 8
within the state. 9
(3) Misuse of regulated credentials shall result in disciplinary action by the board in 10
addition to possible action by the credentialing agency. 11
(4) [Nothing in ]This chapter and[or in] the administrative regulations promulgated by 12
the board pursuant to this chapter shall not be interpreted to: 13
(a) Limit or restrict a licensed health care practitioner ,[ or] provider, or 14
professional from engaging in the full scope of practice authorized by the 15
license for that person's profession, training, or services; or 16
(b) Prohibit any person from utilizing: 17
1. Ultrasounds for therapeutic purposes; or 18
2. Nonmedical ultrasounds for entertainment purposes, or keepsake 19
ultrasounds that are generated without a medical indication to view or 20
record images of a fetus. 21
Section 5. KRS 311B.100 is amended to read as follows: 22
(1) The following individuals are required to apply for and receive a license from the 23
Commonwealth of Kentucky before performance of any procedures utilizing 24
ionizing or nonionizing radiation for either medical imaging or radiation therapy: 25
(a) Advanced imaging professionals; 26
(b) Medical imaging technologists; 27
UNOFFICIAL COPY 26 RS BR 1178
Page 9 of 18
XXXX 12/16/2025 12:44 PM Jacketed
(c) Radiographers; 1
(d) Radiation therapists; 2
(e) Nuclear medicine technologists;[ and] 3
(f) Magnetic resonance imaging technologists, except as provided in subsection 4
(4) of this section; 5
(g) Diagnostic medical sonographers, except as provided in subsection (4) of 6
this section; and 7
(h) Limited X-ray machine operators. 8
(2) Qualifications for the above categories shall be established by the board through the 9
promulgation of administrative regulations in accordance with KRS Chapter 13A . 10
The board may also identify other specialties or categories of duties consistent with 11
this chapter through the promulgation of administrative regulations in accordance 12
with KRS Chapter 13A. 13
(3) An applicant for licensure under subsection (1)(a) to (g)[(e)] of this section who did 14
not graduate from an accredited educational program, is licensed or certified in 15
another jurisdiction with requirements and privileges comparable to Kentucky's , 16
and has: 17
(a) Graduated from a postsecondary institution in a course of study focusing on 18
one (1) of the licensing categories listed in subsection (1) of this section; 19
(b) Passed a certifying examination from a national organization demonstrating 20
competence in his or her subject matter area; 21
(c) An active valid license or certificate and has not been professionally 22
disciplined or reprimanded by any credentialing jurisdiction or national 23
organization; and 24
(d) Provided the board with evidence of: 25
1. At least five (5) years of experience as an advanced imaging 26
professional; and 27
UNOFFICIAL COPY 26 RS BR 1178
Page 10 of 18
XXXX 12/16/2025 12:44 PM Jacketed
2. Maintenance of continuing education requirements during his or her 1
period of licensure or certification; 2
shall, upon application and payment of an application fee to the board, be g ranted 3
licensure by the board in his or her category, unless the board can show cause for 4
denial under KRS 311B.150[(4)]. 5
(4) The board shall promulgate administrative regulations in accordance with KRS 6
Chapter 13A to permit a magnetic resonance imaging technologist or a diagnostic 7
medical sonographer who is not credentialed by a national organization 8
recognized by the board to apply and obtain a license before January 1, 2028. 9
Additional credentialing shall not be required for those who obtain a license 10
before January 1, 2028. 11
(5) On or after January 1, 2028, all magnetic resonance imaging technologists and 12
diagnostic medical sonographers shall be: 13
(a) Credentialed by a national organization recognized by the board to qualify 14
for initial licensure or licensure reinstatement; and 15
(b) Licensed before performing any procedures utilizing ionizing or 16
nonionizing radiation for either medical imaging or radiation therapy as 17
required under subsection (1) of this section. 18
Section 6. KRS 311B.110 is amended to read as follows: 19
(1) An applicant for licensure as an advanced imaging professional, medical imaging 20
technologist, radiographer, radiation therapist, nuclear medicine technologist, 21
magnetic resonance imaging technologist, diagnostic medical sonographer, or 22
limited X-ray machine operator shall file an application in a format prescribed by 23
the board. 24
(2) The board shall require a national and state criminal background check for each 25
applicant seeking to be licensed by the board under this chapter. The criminal 26
background check shall be by means of a fingerprint check by the Department of 27
UNOFFICIAL COPY 26 RS BR 1178
Page 11 of 18
XXXX 12/16/2025 12:44 PM Jacketed
Kentucky State Police, or an equivalent state police body in the applicant's home 1
state, and the Federal Bureau of Investigation, pursuant to the following: 2
(a) The applicant shall provide his or her complete and legible fingerprints to 3
the Department of Kentucky State Police, or an equivalent state police body 4
in the applicant's home state, for submission to the Federal Bureau of 5
Investigation after a state criminal background check is conducted; 6
(b) The results of the national and state criminal background check shall be 7
sent to the board for the screening of applicants; 8
(c) The board is prohibited from releasing any criminal history record 9
information to any private entity or other licensing boar d, or authorizing 10
receipt of such information by any private entity or other licensing board; 11
and 12
(d) Any fee charged by the Department of Kentucky State Police or for the 13
Federal Bureau of Investigation shall be an amount no greater than the 14
actual cost of processing the request and conducting the background check. 15
The board may charge this fee to the applicant. 16
(3) Licensees shall display or have available an original current license at any place of 17
employment. It shall be unlawful for any person to displ ay a license in an effort to 18
misrepresent his or her qualifications. An individual who no longer meets the 19
licensure requirements shall not display a license nor purport to have the 20
qualifications. 21
(4)[(3)] Licensees shall meet continuing education requirements. 22
(5)[(4)] Licenses shall be renewed or reinstated in accordance with the requirements 23
set out by the board. 24
(6)[(5)] Licenses may be placed on inactive status for those who are not actively 25
employed[, as defined by this chapter] . To reactivate an ina ctive license, the 26
applicant shall submit a new application and required fee and meet all requirements 27
UNOFFICIAL COPY 26 RS BR 1178
Page 12 of 18
XXXX 12/16/2025 12:44 PM Jacketed
for reactivation. 1
(7)[(6)] The requirements of this section shall be established by the board through the 2
promulgation of administrative regulations in accordance with KRS Chapter 13A. 3
Section 7. KRS 311B.120 is amended to read as follows: 4
The board shall, through the promulgation of administrative regulations in accordance 5
with KRS Chapter 13A, set appropriate fees and penalties for: 6
(1) The application process; 7
(2) Verification of qualifications; 8
(3) Issuance and renewal of licenses for ad vanced imaging professionals, medical 9
imaging technologists, radiographers, radiation therapists, nuclear medicine 10
technologists, magnetic resonance imaging technologists, diagnostic medical 11
sonographers, and limited X-ray machine operators; 12
(4) [Duplicate licenses; 13
(5) Home study courses for limited X-ray machine operators; 14
(6) ]Late renewals or reinstatements; 15
(5)[(7)] Violations; 16
(6)[(8)] Payments[Checks] issued on accounts with insufficient funds; and 17
(7)[(9)] Any other actions as deemed appropriate by the board. 18
Section 8. KRS 311B.150 is amended to read as follows: 19
It shall be unlawful for any person to: 20
(1) Claim to be a licensee or perform medical imaging or therapeutic procedures unless 21
licensed under this chapter or otherwise exempt from the requirements of this 22
chapter; 23
(2) Manipulate equipment that produces ionizing or nonionizing radiation or 24
administer radiopharmaceuticals unless licensed under this chapter or otherwise 25
exempt from the requirements of this chapter; 26
(3) [Knowingly ] Employ an advanced imaging professional, medical imaging 27
UNOFFICIAL COPY 26 RS BR 1178
Page 13 of 18
XXXX 12/16/2025 12:44 PM Jacketed
technologist, radiographer, radiation therapist, nuclear medicine technologist, 1
magnetic resonance imaging technologist, diagnostic medical sonographer, or 2
limited X -ray machine operator unless that individual is licensed under [ the 3
provisions of] this chapter or otherwise exempt from the requirements of this 4
chapter; or 5
(4) Be an advanced imaging professional, medical imaging technologist, radiographer, 6
radiation therapist, nuclear medicine technologist, magnetic resonance imaging 7
technologist, diagnostic medical sonographer, limited X -ray machine operator, 8
employer of one (1 ) of these individuals, or any other person who, having 9
knowledge of a situation listed in paragraphs (a) to (k)[(j)] of this subsection, 10
refrains from reporting to the board a licensee who: 11
(a) Has been convicted of any felony or a misdemeanor involving d rugs, alcohol, 12
fraud, deceit, falsification of records, a breach of trust, physical harm or 13
endangerment to others, or dishonesty under the laws of any state or of the 14
United States; 15
(b) Is suspected of fraud or deceit in procuring or attempting to procure a license 16
or credential to practice in his or her discipline; 17
(c) Is suspected of negligently or willfully acting in a manner inconsistent with 18
professional practice relative to his or her discipline; 19
(d) Is suspected of being unfit or incompetent to prac tice by reason of negligence 20
or other causes, including but not limited to being unable to practice with 21
reasonable skill or safety; 22
(e) Has a license or credential to practice medical imaging or radiation therapy 23
denied, suspended, revoked, or otherwise d isciplined in another jurisdiction 24
on grounds sufficient to cause a license or credential to be denied, suspended, 25
revoked, or otherwise disciplined in this Commonwealth; 26
(f) Is practicing medical imaging or radiation therapy, as it pertains to this 27
UNOFFICIAL COPY 26 RS BR 1178
Page 14 of 18
XXXX 12/16/2025 12:44 PM Jacketed
chapter, without a current valid[active] license or valid temporary license 1
issued by the board; 2
(g) Is suspected of aiding or abetting unlicensed practice under this chapter; 3
(h) Is suspected of misusing or misappropriating any drugs placed in the 4
licensee's custody to be administered to or used by others; 5
(i)[(h)] Is suspected of falsely or negligently making incorrect entries or failing 6
to make essential entries on essential records; 7
(j)[(i)] Is suspected of abusing controlled substances, prescription medicati ons, 8
illegal substances, or alcohol; or 9
(k)[(j)] Is suspected of violating any provision of this chapter. 10
Section 9. KRS 311B.160 is amended to read as follows: 11
(1) Any person who fails to comply with any provision of this chapter, any 12
administrative regulation promulgated under this chapter, or any valid order of 13
the board shall be fined a reasonable amount as determined by the board through 14
the promulgation of admin istrative regulations in accordance with KRS Chapter 15
13A. Each day of violation or noncompliance shall constitute a separate offense. 16
(2) The board shall assess a civil penalty against an individual or licensee who 17
performs diagnostic or therapeutic proced ures without a valid license or aids or 18
abets unlicensed or unlawful practice. 19
(3) Prior to assessing a civil penalty, the board shall confirm a violation by any of the 20
following: 21
(a) Observing the violation; 22
(b) Obtaining records, documents, or other physical evidence; 23
(c) Obtaining statements that confirm the existence of the violation from either 24
the employer or the employee; or 25
(d) Obtaining statements that corroborate the allegation that a violation has 26
occurred from a third party, such as a patient or coworker. 27
UNOFFICIAL COPY 26 RS BR 1178
Page 15 of 18
XXXX 12/16/2025 12:44 PM Jacketed
(4) A civil penalty shall be assessed against an individual who performs diagnostic or 1
therapeutic procedures without a valid license as follows: 2
(a) Failure to apply for an initial license by an individual who is fully qualified 3
for licensure at the time of the violation shall be assessed a civil penalty plus 4
the license application fee; 5
(b) Failure to apply for renewal by an individual who would be eligible for 6
renewal of a license but would not currently qualify due to insufficient 7
continuing education at the time of the violation shall be assessed a civil 8
penalty plus the license renewal fee; 9
(c) Performance of a diagnostic or therapeutic procedure requiring licensure 10
by an individual who is not qualified for a license at the time of the violation 11
shall be assessed a civil penalty; and 12
(d) Civil penalties for repeating the offenses specified in paragraphs (a) to (c) of 13
this subsection shall be doubled. Each day of violation shall constitute a 14
separate repeat offense. 15
(5) A civil penalty, double the amount assessed against an individual under 16
subsection (4) of this section, shall also be assessed against the employer of the 17
individual. 18
(6) Any person who violates any provision of this chapter shall be guilty of a Class A 19
misdemeanor punishable by imprisonment for no more than six (6) months, or by 20
a fine not exceeding one thousand dollars ($1,000), or by both. 21
(7) When any person other than a professional holding a valid license under this 22
chapter has engaged in any act or practice that violates a ny provision of this 23
chapter, the Franklin Circuit Court, on application of the board, may issue an 24
injunction or other appropriate order restraining such conduct. 25
(8) The board may deny, revoke, or suspend the license of an individual who: 26
(a)[(1)] Has engaged in conduct relating to his or her profession that is likely to 27
UNOFFICIAL COPY 26 RS BR 1178
Page 16 of 18
XXXX 12/16/2025 12:44 PM Jacketed
deceive, defraud, or harm the public, which shall include violation of KRS 1
304.39-215 and conduct t hat is subject to the penalties under KRS 304.99 -2
060(4) or (5); 3
(b)[(2)] Has a substance use disorder that impairs the individual's ability to 4
perform his or her duties; 5
(c)[(3)] Develops a physical or mental disability or other condition that makes 6
continued practice or performance of his or her duties potentially dangerous to 7
patients or the public; 8
(d)[(4)] Performs procedures under or represents as valid to any person a 9
license: 10
1.[(a)] That is invalid or not issued by the board; 11
2.[(b)] Containing unauthorized alterations; or 12
3.[(c)] Containing changes that are inconsistent with board records 13
regarding its issuance; 14
(e)[(5)] Has been convicted of a crime that is a felony under the laws of this 15
state or convicted of a felony in a federal court, unless th e individual has had 16
all civil rights restored, if in accordance with KRS Chapter 335B; 17
(f)[(6)] Exhibits significant or repeated failure in the performance of 18
professional duties; or 19
(g)[(7)] Fails to comply with any administrative regulation of the board. 20
Section 10. KRS 311.727 is amended to read as follows: 21
(1) As used in this section: 22
(a) "Auscultate[Ascultate]" means to examine by listening for sounds made by 23
internal organs of the fetus, specifically for a fetal he artbeat, utilizing an 24
ultrasound transducer or a fetal heart rate monitor; 25
(b) "Obstetric ultrasound" or "ultrasound" means the use of ultrasonic waves for 26
diagnostic[ or therapeutic] purposes, specifically to monitor a developing 27
UNOFFICIAL COPY 26 RS BR 1178
Page 17 of 18
XXXX 12/16/2025 12:44 PM Jacketed
fetus; and 1
(c) "Qualified technician" means a medical imaging technologist licensed under 2
KRS Chapter 311B, [as defined in KRS 311B.020 who is certified in 3
obstetrics and gynecology by the American Registry for Diagnostic Medical 4
Sonography] or a nurse midwife or advance practice n urse practitioner in 5
obstetrics with certification in obstetrical ultrasonography. 6
(2) Prior to a woman giving informed consent to having any part of an abortion 7
performed, the physician who is to perform the abortion or a qualified technician to 8
whom the responsibility has been delegated by the physician shall: 9
(a) Perform an obstetric ultrasound on the pregnant woman; 10
(b) Provide a simultaneous explanation of what the ultrasound is depicting, which 11
shall include the presence and location of the unborn chi ld within the uterus 12
and the number of unborn children depicted and also, if the ultrasound image 13
indicates that fetal demise has occurred, inform the woman of that fact; 14
(c) Display the ultrasound images so that the pregnant woman may view the 15
images; 16
(d) Auscultate[Ascultate] the fetal heartbeat of the unborn child so that the 17
pregnant woman may hear the heartbeat if the heartbeat is audible; 18
(e) Provide a medical description of the ultrasound images, which shall include 19
the dimensions of the embryo or fe tus and the presence of external members 20
and internal organs, if present and viewable; and 21
(f) Retain in the woman's medical record a signed certification from the pregnant 22
woman that she has been presented with the information required to be 23
provided under paragraphs (c) and (d) of this subsection and has viewed the 24
ultrasound images, listened to the heartbeat if the heartbeat is audible, or 25
declined to do so. The signed certification shall be on a form prescribed by the 26
cabinet. 27
UNOFFICIAL COPY 26 RS BR 1178
Page 18 of 18
XXXX 12/16/2025 12:44 PM Jacketed
(3) When the ultrasound im ages and heartbeat sounds are provided to and reviewed 1
with the pregnant woman,[ nothing in] this section shall not be construed to prevent 2
the pregnant woman from averting her eyes from the ultrasound images or 3
requesting the volume of the heartbeat be re duced or turned off if the heartbeat is 4
audible.[ Neither] The physician, the qualified technician, and[nor] the pregnant 5
woman shall not be subject to any penalty if the pregnant woman refuses to look at 6
the displayed ultrasound images or to listen to the heartbeat if the heartbeat is 7
audible. 8
(4) The requirements of this section shall be in addition to any requirement contained 9
in KRS 311.725 or any other section of KRS 311.710 to 311.820. 10
(5) [The provisions of ]This section shall not apply in the case of a medical emergency 11
or medical necessity. If a medical emergency or medical necessity compels the 12
performance or inducement of an abortion, the physician who will perform or 13
induce the abortion, prior to its perf ormance or inducement if possible, shall inform 14
the pregnant woman of the medical indications supporting the physician's judgment 15
that an immediate abortion is necessary. Any physician who performs or induces an 16
abortion without the prior satisfaction of the requirements of this section because of 17
a medical emergency or medical necessity shall enter the reasons for the conclusion 18
that a medical emergency or medical necessity exists in the medical record of the 19
pregnant woman. 20
Section 11. The following KRS sections are repealed: 21
311B.080 Board to recognize and enforce national standards. 22
311B.180 Civil penalties. 23
311B.190 Penalties to be determined by board. 24