201 Kar 33:020. Renewals

Link to law: http://www.lrc.ky.gov/kar/201/033/020reg.htm
Published: 2015

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:
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