GENERAL
GOVERNMENT CABINET
Board
of Licensure for Dietitians and Nutritionists
(Amendment)
201
KAR 33:020. Renewals.
RELATES
TO: KRS 310.041
STATUTORY
AUTHORITY: KRS 310.041, 310.050
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 310.050(1) requires the board to promulgate
administrative regulations establishing procedures for annual renewal of
licenses. This administrative regulation establishes procedures for annual
renewal of licenses.
Section
1. Regular Renewal. (1) A licensed dietitian or certified nutritionist shall
annually, before November 1, submit a completed Renewal Application and pay
to the board the renewal fee established by 201 KAR 33:010, Section 2, for the
renewal of the license or certificate.
(2)
If a license or certificate is not renewed before November 1 of each year, it
shall expire.
(3)
Compliance with continuing education requirements shall be documented as
provided by 201 KAR 33:030.
Section
2. Late Renewal and the Grace Period. (1) A sixty (60) day grace period shall
be allowed beginning November 1, during which a licensee or certificate holder
may renew his or her license or certificate upon payment of the renewal fee
plus the late renewal fee established by 201 KAR 33:010, Section 2.
(2)(a)
A licensee or certificate holder may continue to practice during the sixty (60)
day grace period.[;]
(b)
Upon request of the employer, a licensee or certificate holder practicing in
accordance with paragraph (a) of this subsection shall present evidence of a
valid pre-existing license or certificate.
(3)
A person requesting renewal of a certification during the sixty (60) day grace
period shall comply with the continuing education requirements as required by
KRS 310.050(3) and as specified by 201 KAR 33:030.
Section
3. Automatic Revocation. Upon revocation as set forth by KRS 310.050(4),
a licensee or certificate holder shall no longer be eligible to practice in the
commonwealth.[:]
Section
4. Licensure and Certification Reinstatement. After the sixty (60) day grace
period, a license or certificate, which has been automatically revoked due to
failure to renew, shall be reinstated if the licensee or certificate holder
has:
(1)
Submitted a complete Reinstatement Application;
(2)
Paid the renewal fee plus a reinstatement fee as set forth by 201 KAR 33:010;
and
(3)[(2)]
Documented that he or she has complied with the continuing education
requirements established by 201 KAR 33:030.
Section
5. Address. (1) A licensee shall submit a current address to the board office
by letter within thirty (30) days of an address change.
(2)
The letter shall include the licensee’s[licensees] name, new address,
phone number, and license number.
Section
6. Incorporation by Reference. (1) The following material is incorporated by
reference:
(a)
"Renewal Application", July 2015; and
(b)
"Reinstatement Application", July 2015.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Division of Occupations and Professions, 911 Leawood
Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
AVA EAVES, Board Chairperson
APPROVED
BY AGENCY: September 15, 2015
FILED
WITH LRC: September 15, 2015 at 11 a.m.
PUBLIC HEARING AND PUBLIC
COMMENT PERIOD: A public hearing on this administrative regulation shall be
held on October 30, 2015, at 10:00 a.m. at Division of Occupations and
Professions, 911 Leawood Drive, Frankfort, Kentucky. Individuals interested in
being heard at this hearing shall notify this agency in writing no later than
five business days 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
wishes to be heard 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 be
heard at the public hearing, you may submit written comments on the proposed
administrative regulation. Written comments shall be accepted until close of
business on November 2, 2015. Send written notification of intent
to attend the public hearing or submit written comments on the proposed administrative
regulation to:
CONTACT
PERSON: Kelly Walls, Board Administrator, Division of Occupations and
Professions, 911 Leawood Drive, Frankfort, Kentucky 40602, phone (502) 782-8814, fax (502) 696-5898.
REGULATORY IMPACT
ANALYSIS AND TIERING STATEMENT
Contact
person: Kelly Walls
(1)
Provide a brief summary of
(a)
What this administrative regulation does: This administrative regulation
establishes the renewal process for current and former credential holders.
(b)
The necessity of this administrative regulation: The necessity of this
regulation is to establish the application process and requirements to be
licensed or certified by the board.
(c)
How this administrative regulation conforms to the content of the authorizing
statutes: The regulation is in conformity as the authorizing statute gives the
board the ability to promulgate regulations regarding the continuing education
requirement for a credential holder.
(d)
How this administrative regulation currently assists or will assist in the
effective administration of the statutes: This regulation will advise
prospective credential holders of the application process and requirements to
be licensed or certified by the board.
(2)
If this is an amendment to an existing administrative regulation, provide a
brief summary of:
(a)
How the amendment will change this existing administrative regulation: The
amendment only changes the form to be submitted by an applicant.
(b)
The necessity of the amendment to this administrative regulation: KRS 13A.110
requires all forms required to be submitted by an agency to be incorporated
into a regulation.
(c)
How the amendment conforms to the content of the authorizing statutes: The
regulation is in conformity as the authorizing statute gives the board the
ability to promulgate regulations regarding the continuing education
requirement for a credential holder.
(d)
How the amendment will assist in the effective administration of the statutes: The
amendment will update the form and make for an easier application to be
submitted.
(3)
List the type and number of individuals, businesses, organizations, or state
and local governments affected by this administrative regulation: There are
presently 22 Certified Nutritionists, 1,289 Licensed Dietitians, and 45 Dual
Licensed/Certificate holders.
(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: An
applicant will have to submit the new form as part of the application process
to verify the applicant satisfies the requirements to be licensed or certified
or both.
(b)
In complying with this administrative regulation or amendment, how much will it
cost each of the entities identified in question (3): There is no new cost
associated with the amendment to the regulation.
(c)
As a result of compliance, what benefits will accrue to the entities identified
in question (3): The applicant will be issued a license, certification, or both
by the board.
(5)
Provide an estimate of how much it will cost to implement 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 credential holders 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: There are no increases in fees or funding is required to
implement this administrative regulation.
(8)
State whether or not this administrative regulation establishes any fees or
directly or indirectly increases any fees: There are no new fees or fee increases
associated with the amendments.
(9)
TIERING: Is tiering applied? Tiering was not applied as the regulation is
applicable to all credential holders. This regulation does not distinguish
between similarly situated individuals on the basis of any factor.
FISCAL NOTE ON STATE OR
LOCAL GOVERNMENT
1.
What units, parts or divisions of state or local government (including cities,
counties, fire departments, or school districts) will be impacted by this
administrative regulation? Kentucky Board of Licensure for Dietitians and
Nutritionists.
2.
Identify each state or federal statute or federal regulation that requires or
authorizes the action taken by the administrative regulation: KRS 310.041(1), (2), (6).
3.
Estimate the effect of this administrative regulation on the expenditures and
revenues of a state or local government agency (including cities, counties,
fire departments, or school districts) for the first full year the
administrative regulation is to be in effect. None
(a)
How much revenue will this administrative regulation generate for the state or
local government (including cities, counties, fire departments, or school
districts) for the first year? None.
(b)
How much revenue will this administrative regulation generate for the state or
local government (including cities, counties, fire departments, or school
districts) for subsequent years? None.
(c)
How much will it cost to administer this program for the first year? None
(d)
How much will it cost to administer this program for subsequent years? None
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:
