201 KAR 42:110. Continuing education requirements

Link to law: http://www.lrc.ky.gov/kar/201/042/110.htm
Published: 2015

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      201 KAR 42:110. Continuing education

requirements.

 

      RELATES

TO: KRS 309.355, 309.361

      STATUTORY

AUTHORITY: KRS 309.355(3)

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 309.355(3) requires the board to promulgate an

administrative regulation establishing a requirement for continuing education

as a condition for renewal of a license. KRS 309.361 identifies the requirements

for continuing education and prescribes the types of courses required during

the renewal period. This administrative regulation establishes the procedures

and standards for submitting documentation to meet the continuing education

requirements for renewal of a license.

 

      Section

1. Definitions. (1) "ABMP" means the Associated Bodywork and Massage

Professionals.

      (2)

"AMTA" means the American Massage Therapy Association.

      (3)

"AOBTA" means the American Organization for Bodywork Therapies of

Asia.

      (4)

"Board" is defined by KRS 309.350(1).

      (5)

"CE hour" means continuing education hours consisting of fifty (50)

minutes of an organized learning activity that is either didactic or clinical

experience and shall exclude meals, breaks, and registration.

      (6)

"Competency" means the study, development, and demonstration of

knowledge and skills in meeting professional expectations as a massage

therapist.

      (7)

"Continuing education" means participation in an approved program or

learning experience that is designed to facilitate continued competency

including ethical and legal practice in the therapeutic massage and bodywork

profession through participation in a learning process that enhances the

licensee's current knowledge, skills, and abilities in the profession.

      (8)

"NCBTMB" means the National Certification Board for Therapeutic

Massage and Bodywork.

      (9)

"NCCAOM" means the National Certification Commission for Acupuncture

and Oriental Medicine.

      (10)

"Provider" means an organization, entity, or individual that has met

the requirements of the board to provide educational courses that are designed

to ensure continued competence in the practice of massage therapy.

      (11)

"Self-paced learning" means a course designated for an individual to

learn at his or her own pace and is often referred to as correspondence or home

study with testing or an evaluation process.

 

      Section

2. Accrual of CE Hours; Computation of Accrual. (1) A licensee shall accrue a

minimum of twenty-four (24) continuing education hours during a two (2) year

licensure period for renewal of a license, beginning on the date of license

issue.

      (2)

A minimum of three (3) of the twenty-four (24) hours required by subsection (1)

of this section shall be accrued in the field of professional ethics.

      (3)

All hours shall be in or related to the practice of massage therapy.

      (4)

Coursework related to therapeutic techniques conducted on animals shall not be

approved for continuing education credit.

 

      Section

3. Acquisition of CE Hours. (1) CE hours applicable to the renewal of a license

shall be directly related to the professional growth and development of massage

therapy practitioners. CE hours may be earned by completing any of the educational

activities described in this subsection.

      (a)

Courses Not Requiring Board Review and Approval. Courses from the following

sources shall be relevant to the practice of massage therapy and shall be

approved if the course is in or relates to massage therapy and does not violate

any of the prohibitions contained in this administrative regulation:

      1.

Courses and Learning Opportunities approved by the NCBTMB;

      2.

Courses offered by the AMTA and its state affiliates;

      3.

Courses approved by the NCCAOM;

      4.

Courses offered by the AOBTA and its state affiliates;

      5.

Courses offered by the ABMP;

      6.

Kentucky board approved massage therapy programs of instruction or massage

therapy programs duly licensed to operate in other states; or

      7.

Relevant academic courses completed in a degree-granting college or university

accredited by an agency that is approved by the Council on Higher Education

Accreditation (CHEA).

      (b)

Programs Requiring Board Review and Approval. All other programs, including self-paced

learning courses and in-service training provided by organizations, educational

institutions, or other service providers not listed in paragraph (a) of this subsection,

and programs or academic courses presented by the licensee shall require

approval by the board.

      (2)

Presenters of relevant programs or academic courses may earn double continuing

education credit for the length of presentation time, not to exceed twelve (12)

hours per renewal cycle.

      (3)

Credit shall not be issued for repeated instruction of the same course.

      (4)

A licensee shall not receive credit for completing the same CE course within

the two (2) year renewal period.

 

      Section

4. Documentation of CE Hours. (1) A licensee shall furnish the following

information regarding completion of the appropriate number of CE hours for the

current renewal period:

      (a)

Name of course, date, and the author or instructor;

      (b)

Name of providing organization and the location of the course;

      (c)

The number of hours attended;

      (d)

Provider number;

      (e)

Provider name and telephone number for board verification;

      (f)

Official transcripts with a raised seal showing academic credits and grades

awarded if courses are received from a university, college, or vocational

technical adult education facility; and

      (g)

Documentation of completion, if requested by the board.

      (2)

A licensee who supplies false information to the board in order to comply with

the CE requirements of this administrative regulation shall be subject to

disciplinary action that may include suspension or revocation of license.

 

      Section

5. Procedures for Preapproval of Continuing Education Courses. (1) An entity

seeking to obtain approval of a continuing education course prior to its

offering shall complete a Continuing Education Program Application and submit

it to the board at least sixty (60) days in advance of the commencement of the

course, stating the:

      (a)

Type of learning activity;

      (b)

Subject matter;

      (c)

Names and qualifications of the instructors;

      (d)

Number of continuing education hours offered; and

      (e)

Statement of how the CE course relates to massage therapy.

      (2)

A CE activity shall be preapproved if the activity being presented:

      (a)

Is an organized course of learning;

      (b)

Pertains to subject matters that integrally relate to the practice of massage

therapy;

      (c)

Contributes to the professional competency of the licensee; and

      (d)

Is conducted by an individual with approved educational training or experience.

      (3)

The board shall review preapproval requests meeting the board's deadline at the

board meeting immediately following the submittal and receipt of all required

materials. An entity shall submit a preapproval request, and all required

materials shall be received by the board at least one (1) business day before

the board meeting. The board may defer a preapproval request to the next board

meeting if the request did not meet the deadline established in this subsection.

 

      Section

6. Responsibilities and Reporting Requirements of Licensees. A licensee shall:

      (1)

Identify the licensee’s own continuing education needs, take the initiative in

seeking continuing professional education activities to meet these needs, and

seek ways to integrate new knowledge, skills, and attitudes;

      (2)

Select approved activities by which to earn CE hours;

      (3)

Maintain records of CE hours, for a period of two (2) years from the date of

renewal; and

      (4)

Document attendance and participation in a CE activity by providing official

transcripts, copies of certificates, or verification of completion, if

requested.

 

      Section

7. Carry-over of CE Hours. (1) A maximum of twelve (12) CE hours may be carried

over into the next renewal period.

      (2)

A licensee shall maintain records related to carry-over continuing education

hours and submit those continuing education hours to the board if the licensee

elects to utilize those hours for the fulfillment of the continuing education

requirement for the current renewal period.

      (3)

A continuing education course shall only be used for the fulfillment of the

continuing education requirement for a single renewal period and shall not be

subdivided for utilization in multiple renewal periods.

 

      Section

8. Appeal Procedure If Approval for CE Hours is Denied. If an application for

approval of CE hours is disapproved, the licensee may request reconsideration

by the board. The request shall be in writing and shall be received by the

board within thirty (30) days after the date of the board’s decision denying

approval of the CE hours.

 

      Section

9. Audit of CE Activities. The board may audit the documentation of a

licensee’s CE hours for the current renewal period. If notified by the board,

the licensee shall respond to the audit within thirty (30) days of the date of

the request.

 

      Section

10. Waiver or Extension of Continuing Education. (1) The board shall, in

individual cases involving medical disability, illness, undue hardship, active

military service, or other similar extenuating circumstance that precludes the

individual's completion of the requirements, waive CE requirements or grant an

extension of time within which to fulfill the requirements if the board receives:

      (a)

A written request for waiver or extension of time; and

      (b)1.

Verifying documentation signed by a licensed physician or proper military personnel,

if applicable; or

      2.

Documentation to support the waiver.

      (2)

A waiver of the minimum CE requirements or an extension of time within which to

fulfill the CE requirements may be granted by the board for a period not to

exceed one (1) calendar year. If the circumstance extends beyond the period of

the waiver or extension, the licensee shall reapply for the waiver or

extension.

 

      Section

11. Incorporation by Reference. (1) "Continuing Education Program

Application", August 2014, is incorporated by reference.

      (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 40602, (502) 564-3296, Monday through Friday, 8 a.m.

to 4:30 p.m. (32 Ky.R. 1022; 1229; eff. 2-3-2006; 33 Ky.R. 1887; 2229; eff.

4-6-07; 37 Ky.R. 1022; 1996; eff. 3-4-2011; 40 Ky.R. 2210; 41 Ky.R. 446; eff.

10-3-2014.)