201 KAR 42:035. Application process,

exam, and curriculum requirements.

 

      RELATES

TO: KRS 309.358, 309.359, 309.362, 309.363

      STATUTORY

AUTHORITY: KRS 309.355(1), (3)

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 309.355(1) requires the board to administer and

enforce the provisions of KRS 309.350 to 309.364 and to evaluate the qualifications

of applicants for licensure. KRS 309.355(3) requires the board to promulgate

administrative regulations to implement KRS 309.350 to 309.364, including

educational program curriculum. The board may issue a license to an applicant

meeting the standards established in KRS 309.358 or 309.359. This administrative

regulation establishes the application process and curriculum requirements for

licensure.

 

      Section

1. An applicant for licensure as a massage therapist shall:

      (1)

File a completed, signed, and dated Application for Licensure as a Massage

Therapist, and the required documentation with the board, meeting the

requirements established in KRS 309.358; and

      (2)

Pay the application fee as established in 201 KAR 42:020.

 

      Section

2. (1) To comply with KRS 309.358(4), an applicant shall submit to the board, upon

application, an official transcript or certificate that:

      (a)

Shows the completion of at least 600 classroom hours earned at a board approved

massage therapy program; and

      (b)

Itemizes compliance with the clock hour requirements established in KRS

309.363(1).

      (2)

Board approved massage therapy programs include only those programs holding a

certificate of good standing issued pursuant to KRS 309.363.

      (3)

A massage therapy school which has registered and obtained a school code

assignment with the National Certification Board for Therapeutic Massage and

Bodywork (NCBTMB) shall maintain good standing with the NCBTMB during the

entire period the applicant attended the school. Suspension or revocation of

the NCBTMB school code at any time during that period shall constitute grounds

for:

      (a)

Denial of an application for licensure by graduates of that school; and

      (b)

Revocation of a Certificate of Good Standing held by the massage therapy school.

      (4)

A school’s non-renewal of an NCBTMB code while in good standing shall not

preclude an applicant from obtaining licensure.

 

      Section

3. Examinations. (1) An applicant shall successfully pass an examination:

      (a)

Listed in KRS 309.358(5); or

      (b)

Approved by the board pursuant to KRS 309.358(5) and listed in subsection (4)

of this section.

      (2)

An examination shall be approved by the board as meeting the standard

established in KRS 309.358(5) if the board finds that the examination:

      (a)

Has been scientifically constructed to be valid and objective;

      (b)

Reflects the curriculum content established in KRS 309.363(1);

      (c)

Has security procedures to protect the exam content; and

      (d)

Has clear application, reporting, and appeal procedures.

      (3)

Approval of exams shall be noted in the board minutes and on the board Web

site.

      (4)

The following examinations have been approved by the board pursuant to KRS

309.358(5):

      (a)

The Massage and Bodywork Licensing Examination (MBLEx) or other exam

administered by the Federation of State Massage Therapy Boards;

      (b)

The State of Ohio Massage Therapy Licensing Exam;

      (c)

The State of New York Massage Therapy Licensing Exam; or

      (d)

The National Board Certification Agency (NBCA) Massage Therapy Certification

Exam, Level One.

 

      Section

4. An applicant with a criminal history, excluding minor traffic violations, shall

be interviewed by the board’s Application Committee prior to licensure to find

if the applicant complies with the requirement for good moral character

established in KRS 309.358(3) and 335B.040, and the interview shall be conducted

pursuant to the board's authority under KRS 309.362(1)(b).

 

      Section

5. Appeals. (1) Upon initial review, the board shall make a preliminary

determination with respect to an application. Preliminary determinations shall

be non-final determinations until:

      (a)

A final decision is rendered subsequent to an administrative hearing conducted

pursuant to KRS Chapter 13B;

      (b)

Settlement of the matter by informal proceedings is accomplished; or

      (c)

The time for appeal under Section 2(5) of this administrative regulation has

expired.

      (2)

An applicant may appeal a preliminary determination denying his or her

licensure application by requesting a hearing in accordance with KRS 309.362(4).

In order to request a hearing, the applicant shall file a notice of appeal that

is received by the board within thirty (30) days of the date of the letter informing

the applicant of the preliminary determination of denial.

 

      Section

6. Incorporation by Reference. (1) The "Application for Licensure as a

Massage Therapist", August 2014, is incorporated by reference.

      (2)

This material may be inspected, copied, or obtained, subject to applicable

copyright law, at Division of Occupations and Professions, 911 Leawood Drive,

Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (30 Ky.R.

2417; Am. 31 Ky.R. 31 eff. 8-6-2004; 33 Ky.R. 1883; 2934; eff. 4-6-2007; 37

Ky.R. 1013; 1697; 1990; eff. 3-4-2011; 38 Ky.R. 93; eff. 11-4-11; 39 Ky.R.

1936; 2152; eff. 5-31-2013; 40 Ky.R. 2202; 41 Ky.R. 441; eff. 10-3-2014.)