201 KAR 33:030. Continuing education requirements for licensees and certificate holders


Published: 2015

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      201 KAR 33:030. Continuing education

requirements for licensees and certificate holders.

 

      RELATES TO: KRS 310.050(3)

      STATUTORY AUTHORITY: KRS 310.041(1), (9)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

310.041(1) requires the board to promulgate administrative regulations establishing

continuing education requirements. This administrative regulation establishes

continuing education requirements for dietitians and nutritionists.

 

      Section 1. (1)(a) The annual continuing

education compliance period shall extend from November 1 of each year to

October 31 of the next year.

      (b) Prior to renewal of a license or

certificate for the next licensure or certification period, a licensee or

certificate holder shall have earned fifteen (15) hours of approved continuing education

during the compliance period.

      (c) A person who is either licensed as a

dietitian or certified as a nutritionist, or who is both a licensed dietitian

and certified nutritionist, shall have earned a total of fifteen (15) hours of

approved continuing education during the compliance period, prior to renewal of

a license or certificate for the next licensure period.

      (2) An initial licensee or certificate

holder shall be exempt from the continuing education requirements for the first

license or certification renewal.

      (3) No more than fifteen (15) hours of

continuing education may be carried over into the next continuing education

period.

      (4) It shall be the responsibility of

each licensee or certificate holder to finance the costs of continuing education.

      (5) For purposes of the audit set forth

in subsection (7) of this section, every licensee or certificate holder shall

maintain a record of all continuing education courses attended for two (2)

years after the continuing education period. Appropriate documentation to be

kept shall include:

      (a) Certificates of attendance for the

prior-approved continuing education;

      (b) Transcripts for academic coursework;

      (c) Reprints of journal articles

published; or

      (d) Proof of attendance, description of

activity, and professional qualifications of the presenter for continuing

education activities.

      (6) Each licensee or certificate holder

shall sign a statement on the Renewal Application form indicating compliance

with the continuing education requirements. A license or certificate shall not be

renewed without this sworn statement.

      (7)(a) The board shall audit at least

fifteen (15) percent of licensees' or certificate holders' continuing education

records each year.

      (b) Licensees or certificate holders who

are audited shall be chosen in a random manner or at the discretion of the

board. The board's determination shall be based on:

      1. Disciplinary action against the

licensee; or

      2. Question of the validity of the

continuing education credit.

      (c) Falsifying reports, records, or other

documentation relating to continuing education requirements shall result in

formal disciplinary action.

      (8)(a) A document that reflects a

continuing valid registration with the Commission on Dietetic Registration

shall constitute proof of compliance with the continuing education requirement

by a person licensed as dietitian or certified as a nutritionist.

      (b) A membership card shall not

constitute compliance with paragraph (a) of this subsection.

 

      Section 2. Approved Continuing Education

Activities. (1) Hours of continuing education credit may be obtained by

attending and participating in a continuing education activity, interactive

workshop, seminar or lecture which has been approved by the board.

      (2) Criteria for subject matter.

      (a) Subject matter for continuing

education hours shall reflect the educational needs of the licensed dietitian

or certified nutritionist and the nutritional health needs of the consumer.

      (b) Subject matter shall be limited to

offerings that are scientifically founded and offered at a level beyond

entry-level dietetics for professional growth.

      (c) The following areas shall be

appropriate subject matter for continuing education credit if they are directly

related to the practice of dietetics or nutrition:

      1.

Sciences on which dietetic practice, dietetic education, or dietetic research

is based including nutrition, biochemistry, physiology, food management, and

behavioral and social sciences to achieve and maintain people's nutritional

health;

      2. Nutrition therapy related to

assessment, counseling, teaching, or care of clients in any setting; or

      3. Management or quality assurance of

food and nutritional care delivery systems.

      (3) Standards for approval of continuing

education programs and activities. A continuing education activity shall be

approved if it:

      (a) Constitutes an organized program of

learning, including a workshop or symposium, which contributes directly to the

professional competency of the licensee or certificate holder;

      (b) Pertains to subject matters that

relate integrally to the practice of dietetics or nutrition; and

      (c) Is conducted by individuals who have

education, training, and experience in the subject matter of the program.

      (4) Academic coursework.

      (a) Coursework shall be eligible for

credit if it:

      1. Has been completed at a U.S. regionally accredited college or university; and

      2. Is beyond entry-level dietetics;

      (b) One (1) academic semester credit

shall equal fifteen (15) continuing education hours.

      (c) One (1) academic quarter credit shall

equal ten (10) continuing education hours.

      (d) An audited class shall equal eight

(8) continuing education hours for a semester or five (5) continuing education

hours for a quarter.

      (5) Scholarly publications.

      (a) A publication shall be approved if it:

      1. Is published in a refereed

professional journal or other publication; and

      2. Relates to nutrition and dietetic

practice, nutrition and dietetic education, or nutrition and dietetic research.

      (b) Continuing education credit hours for

authorship of a scholarly publication shall be reported using the following

guidelines:

      1. Authorship.

      a. A senior author shall be reported if

the author is the first of two (2) or more authors listed.

      b. A co-author shall be reported if the

author is the second of two (2) authors listed.

      c. A contributing author shall be

reported for all but the senior of three (3) or more authors.

      2. For the publication of a research paper,

a licensee shall receive continuing education credit of:

      a. Ten (10) hours if he or she is the

single author;

      b. Eight (8) hours if he or she is the

senior author;

      c. Five (5) hours if he or she is a

co-author; or

      d. Three (3) hours if he or she is a

contributing author.

      3. For the publication of a technical

article, a licensee shall

receive continuing education of:

      a. Five (5) hours if he or she is the

single author;

      b. Four (4) hours if he or she is the

senior author;

      c. Three (3) hours if he or she is a

co-author; or

      d. Two (2) hours if he or she is a

contributing author.

      4. For the publication of an

information-sharing article, a licensee shall receive one (1) hour of

continuing education credit.

      5. For the publication of an abstract, a

licensee shall receive continuing education of:

      a. Two (2) hours if he or she is the

senior author; or

      b. One (1) hour if he or she is a

co-author.

      (6) Poster sessions.

      (a) Continuing education credit shall be

approved for attending juried poster sessions that meet the criteria for

appropriate subject matter established in subsection (3) of this section upon

submission of the documentation required in paragraph (c) of this subsection.

      (b) One (1) hour of continuing education

credit shall be allowed for each hour of posters reviewed not to exceed three

(3) hours in a continuing education year.

      (c) The following documentation shall be

submitted for approval of continuing education credit for attending juried

poster sessions.

      1. Certificate of attendance or

completion indicating:

      a. The date of the session;

      b. The number of hours requested;

      c. The objectives of the session; and

      d. The session provider;

      2. An agenda or outline of the session;

      3. A program, flyer, or brochure

describing the poster session; or

      4. Handouts from the poster session.

      (7) Continuing education hours for

presenters.

      (a) Credit shall not be given for

presentations to the lay public;

      (b) Credit shall be allowed only once for

the same presentation;

      (c) The presenter shall receive twice the

number of hours approved for the activity;

      (d) Two (2) hours per topic shall be

allowed for presenters of juried poster sessions that meet the criteria for

appropriate subject matter established in subsection (3) of this section.

      (e) A copy of the presentation or poster,

abstract or manuscript, and documentation of the peer review process shall be

included in the licensee's or certificate holder's documentation list.

      (8) Exhibits.

      (a) Continuing education credits may be

obtained for attending exhibits that meet the criteria for appropriate subject

matter established in subsection (3) of this section.

      (b) One (1) hour of continuing education

credit shall be allowed for each hour of exhibits reviewed not to exceed three

(3) hours in a continuing education year.

      (c) Documentation of attendance or

completion of review of exhibits shall be submitted showing:

      1. Date;

      2. Provider;

      3. Timeline; and

      4. Content of the exhibits.

      (9) Residency and fellowship programs.

      (a) Fifteen (15) hours of continuing

education credit shall be granted for completion of a residency or fellowship

program, if the program is:

      1. At the postbaccalaureate level;

      2. Dietetics-related;

      3. Formalized or structured experiences;

and

      4. Sponsored by a U.S. regionally accredited college or university of an institution accredited or approved

by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) or

the National Committee for Quality Assurance (NCQA).

      (b) Documentation of the above shall be

submitted and shall include:

      1. Certificate of completion; and

      2. Name, address, phone number, e-mail

address, and fax number of the provider.

      (10) Certification program.

      (a) Fifteen (15) hours of continuing

education credit shall be granted for completion of a certification approved by

the board that:

      1. Is dietetics-related;

      2. Requires that candidates meet

eligibility requirements; and

      3. Requires that a candidate or

certificate holder pass an examination to become certified initially, and to be

recertified.

      (b) Up to fifteen (15) hours of

continuing education credit, for the exam only, may be carried over to the

following year.

      (c) Documentation. A document verifying

the date of issue; duration of certification; and name, address, phone number,

e-mail address, and fax number of the provider shall be submitted.

      (11) Self study courses.

      (a) Fifteen (15) hours of continuing

education credit shall be granted for completion of a Commission on Dietetic

Registration preapproved self-study program that meets the following criteria:

      1. The program shall address a single

specific subject in depth;

      2. Test items shall accompany the program

and be based on its content; and

      3. The program may be audio-based;

computer based; printed; video-, DVD-, or CD-based; or Web-based.

      (b) The following documentation shall be

submitted:

      1. A certificate of attendance or

completion;

      2. An agenda or outline of the program;

and

      3. Description of the objectives, date,

timeline, and provider of the program.

 

      Section 3. Procedures for Prior Approval

of Continuing Education Activities. (1) A person seeking prior approval of a

course, program, or other continuing education activity shall apply to the

board for approval at least sixty (60) days in advance of the commencement of

the activity.

      (2) The application shall state the:

      (a) Dates;

      (b) Subjects offered;

      (c) Objectives for the activity;

      (d) Total hours of instruction; and

      (e) Names and qualifications of speakers.

      (3) The board shall approve or deny

timely and complete applications before the commencement of the activity.

      (4) Review of programs.

      (a) The board may monitor and review any

continuing education program already approved by the board.

      (b) Upon evidence of significant

variation in the program presented from the program approved, the board may

disapprove all or any part of the approved hours granted the program.

      (5) Programs pertaining to the following

subject areas shall require preapproval by the board:

      (a) Experiential skill development, which

shall be limited to fifteen (15) hours;

      (b) Independent learning programs that

are sponsored and related to nutrition and dietetic practice, nutrition and

dietetic education, or nutrition and dietetic research, which shall be limited

to ten (10) hours;

      (c) Study groups involving nutrition and

dietetic practice, nutrition and dietetic education, or nutrition and dietetic

research, which shall be limited to ten (10); and

      (d) Professional reading of journal

articles related to nutrition and dietetic practice, nutrition and dietetic

education, or nutrition and dietetic research, which shall be limited to three

(3) hours.

 

      Section 4. Subsequent Approval of

Continuing Education Activities. (1)(a) Individual or group educational

activities for which program providers or sponsors have not requested

continuing education hour approval prior to the date of the activity may be

approved by the board for continuing education credit.

      (b) An activity that has received prior approval

shall not be submitted on a subsequent approval basis.

      (2) The person seeking subsequent

approval of continuing education activities shall submit the following

information regarding the program attended:

      (a) Dates;

      (b) Subjects offered;

      (c) Learner educational objectives for

the activity and anticipated outcomes;

      (d) Total hours of instruction;

      (e) Names and qualifications of speakers;

      (f) A timing outline, including time

spent for registration, introductions, welcomes, and coffee and meal breaks;

and

      (g) The number of continuing education

hours requested.

      (3) A request for approval of a

continuing education program based on:

      (a) A program that does not require

preapproval shall be submitted within sixty (60) days of completion;

      (b) Authorship of a publication shall be

submitted within six (6) months of the date of publication; and

      (c) Academic coursework shall be submitted

within the licensure or certification year of the course completion date.

      (4) Documentation of attendance at a

workshop, seminar, or lecture related to nutrition and dietetic practice,

nutrition and dietetic education, or nutrition and dietetic research that has

not been approved by the Commission on Dietetic Registration shall be submitted

within sixty (60) days of attendance.

      (5) An activity that has not received

prior approval may be submitted by individuals on a subsequent approval basis

with rationale demonstrating continuing education value.

 

      Section 5. Provider Preapproval. (1) A

provider of a continuing education program seeking to obtain prior approval

from the board for continuing education certification shall provide the

following documentation to the board not less than sixty (60) days prior to the

event:

      (a) Dates;

      (b) Subjects offered;

      (c) Objectives for the activity;

      (d) Total hours of instruction; and

      (e) Names and qualifications of speakers.

      (2) The board shall approve or deny timely

and complete applications before the commencement of the activity.

      (3) Review of programs.

      (a) The board may monitor and review any

continuing education program already approved by the board.

      (b) Upon evidence of significant

variation in the program presented from the program approved, the board may

disapprove all or any part of the approved hours granted the program.

 

      Section 6. Appeals Procedure. (1) A

licensee or certificate holder may appeal decisions regarding continuing

education by filing a written appeal.

      (2) An appeal shall be sent to the board

within thirty (30) calendar days after notification of denial and shall be

considered by the board at its next scheduled meeting.

 

      Section 7. Waiver of Continuing

Education. (1) A licensee or certificate holder who is medically disabled or

ill shall be granted:

      (a) A waiver of the continuing education

requirements; or

      (b) An extension of time within which to

complete continuing education requirements or make required reports.

      (2) A written request for waiver or

extension of time shall be:

      (a) Submitted by the licensee or

certificate holder; and

      (b) Accompanied by a verifying document

signed by a licensed physician.

      (3) A waiver of the minimum continuing

education requirements or extensions of time to complete them shall not be

granted for more than one (1) calendar year.

      (4) If the medical disability or illness

upon which a waiver or extension has been granted continues beyond the period

of the waiver or extension, the licensee or certificate holder shall reapply

for further waiver or extension.

 

      Section 8. Continuing Education

Requirements for Retired or Inactive Licensees. (1)(a) A licensee who

holds an inactive license is not required to obtain continuing education.

      (b) Upon

application to return to active status, the licensee shall present evidence

that the licensee has fulfilled the continuing education requirements for the

two (2)year period immediately prior to the application for reinstatement.

      (2)(a) A retired

licensee is not required to obtain continuing education.

      (b) Upon

application to return to active status, the licensee shall present evidence

that the licensee has fulfilled all past-due continuing education requirements.

 

      Section 9.

Incorporation by Reference. (1) "Renewal Application", January 2010,

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 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (22 Ky.R. 1001; Am.

1455; eff. 2-12-1996; 33 Ky.R. 879; 1292; eff. 11-15-2006; 36 Ky.R. 1311; 1907;

eff. 3-5-2010.)

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