PUBLIC
PROTECTION CABINET
Office of Occupations
and Professions
Board of Licensure for Massage
Therapy
(Amendment)
201 KAR 42:040. Renewal.
RELATES TO: KRS 309.357(3), (4), (5),
(6), 309.361, 309.362
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 authorizes licensure renewal. KRS 309.355(3) requires
the board to promulgate administrative regulations to implement KRS 309.350 to
309.364. KRS 309.357(3) requires all licenses to be renewed. This
administrative regulation establishes the requirements for renewal of licenses.
Section 1. (1) A license to practice
massage therapy shall be renewed upon:
(a) Payment of the biennial renewal fee
as established in 201 KAR 42:020, Section 2(2), on or before the anniversary
date of issue of license;[and]
(b) Submission to the board of the
Application for Renewal form and the following written information:
1. Current complete home address and
telephone number;
2. Current complete name, address, and
telephone number of each location in which massage therapy service is provided;
3. A list indicating completion of the
continuing education units taken during the licensure renewal period as
required by 201 KAR 42:110. The list shall:
a. Itemize the number of clock hours
credited for each course; and
b. Designate the courses that fulfill the
three (3) required hours of ethics training; and
4. Confirmation that, since the license
was issued or renewed, the licensee has not:
a. Been convicted of a felony;
b. Had his or her license disciplined and
is not currently under disciplinary review in another state; or
c. Defaulted on the repayment obligation
of financial aid programs administered by the Kentucky Higher Education
Assistance Authority (KHEAA) pursuant to KRS 164.772; and
(c) Submission of a two (2) inch by
two (2) inch or larger passport quality color photograph of the applicant to
the board affixed to the Application for Renewal form. The photograph submitted
with the application shall be taken within the previous six (6) months to
reflect the current appearance of the applicant.
(2)(a) A licensee who has been
convicted of a crime or who has been disciplined by the board of another
jurisdiction during the licensure period immediately preceding the submission
of the Application for Renewal shall participate in an in-person interview with
the board’s Application Committee prior to renewal of the license. The purpose
of this interview with the board’s application committee shall be to find if
the licensee met the requirement of good moral character established in KRS
309.358(3) and 335B.040. The interview shall be conducted pursuant to the
board’s authority under KRS 309.355(3), 309.362(1)(b), and 309.362(4).
(b) Each applicant for renewal who has
been convicted of a crime or who has been disciplined by the board of another
jurisdiction during the licensure period immediately preceding the submission
of the Application for Renewal shall submit a recent background check performed
by the Federal Bureau of Investigation. The required background check shall be
applied for within the ninety (90) days preceding the date the Application for Renewal
is submitted.
(3) If, upon a preliminary review, the
board determines that an Application for Renewal shall be denied, notice of the
preliminary decision shall be sent to the licensee and the licensee shall have
thirty (30) days from the date of the letter to request a hearing by
certified mail and in writing with the board. If a request for hearing by
the licensee is not received by the board within thirty (30) days of the
letter, the licensee shall be found to have voluntarily withdrawn his or her
Application for Renewal.
Section 2. A licensee convicted of a
felony or disciplined in the interim period between issuance and renewal of the
license, or between renewal periods, shall submit notice of the conviction or
discipline to the board within sixty (60) days of the discipline or conviction.
Section 3. If payment and complete
information are not received by the board on or before the anniversary date of
the issuance of the license, the license shall expire and the person shall not
practice nor represent himself or herself as a massage therapist in Kentucky.
Section 4. An expired license shall be
renewed within ninety (90) days of expiration if the applicant submits:
(1) A completed Application for Renewal
form;
(2) Documentation of successful
completion of twenty-four (24) hours of continuing professional education,
which:
(a) Includes studies in ethics, business
practices, science, and techniques related to massage therapy;
(b) Have been credited within two (2)
years prior to the renewal deadline; and
(c) Have not been previously used within
the same renewal period to satisfy Kentucky license renewal requirements; and
(3) The appropriate fee for renewal, as
required by 201 KAR 42:020, Section 2(2), (5), or (6).
Section 5. (1) Upon initial licensing, a
licensee shall be furnished a wall certificate which shall be displayed at the
primary massage therapy service location.
(2) A licensee shall provide verification
of current licensure upon request if he or she is currently engaged in the
practice of massage therapy, intends to engage within a reasonable time in the
practice of massage therapy, or has engaged in the practice of massage therapy
immediately prior to the request.
(3) Official verification of licensure
status shall be available on the board’s Web site.
Section 6. Reactivation Requirement for
Inactive Status Massage Therapist. (1)(a) Before the expiration of five (5)
years of inactive status, a licensee requesting to return to active status
shall:
1. Provide proof to the board of
continuing education required by KRS 309.362(3). At least three (3) of the
continuing education hours submitted shall be focused on the area of ethics;
2. Complete the Application for Renewal;
and
3. Pay the fee prescribed by 201 KAR
42:020, Section 2(7).
(b) The continuing education hours
provided pursuant to paragraph (a)1 of this subsection may be used for the next
regular renewal period.
(2) After more than five (5) years of
inactive status, a person requesting to return to active status shall reapply
as required by KRS 309.362(3).
Section 7. Incorporation by Reference.
(1) "Application for Renewal", September 2015[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, 8:00 a.m. to 4:30 p.m.
DENISE LOGSDON, Chairman
APPROVED BY AGENCY: October 5, 2015
FILED WITH LRC: October 14, 2015 at 2
p.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A
public hearing on this administrative regulation shall be held on Monday,
November 23, 2015 at 2:30 p.m. Eastern time, at the Kentucky Board of Licensure
for Massage Therapy, 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals
interested in being heard at this hearing shall notify this agency in writing
five (5) workdays prior to the hearing of their intent to attend. If no
notification of intent to attend the hearing is received within five days of
the hearing 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 end of day, Monday, November 30, 2015. Send written notification
of intent to be heard at the public hearing or written comments on the proposed
administrative regulation to the contact person.
CONTACT PERSON: J. Marcus Jones, Board
Counsel, Office of the Attorney General, 700 Capital Avenue, Suite 118,
Frankfort, Kentucky 40601, phone (502) 696-5635, fax (502) 564-6801.
REGULATORY IMPACT
ANALYSIS AND TIERING STATEMENT
Contact Person: Marcus Jones
(1) Provide a brief summary of: Establishes
the requirements for renewal of a license to practice as a Massage Therapist.
(a) What this administrative regulation
does: This administrative regulation establishes the requirements and
procedures for renewal of a license to practice in the Commonwealth as a
Licensed Massage Therapist. The regulation sets the appeal procedure for
license denials.
(b) The necessity of this administrative
regulation: The regulation is necessary to establish uniform renewal requirements
for licenses. The regulation requires verification that licensees are
maintaining good moral character as required by law. The regulation sets the
appeal process for the denial of a renewal of a license.
(c) How does this administrative
regulation conform to the content of the authorizing statutes? KRS Chapter 309
requires the board to verify the qualifications of and establish a procedure
for the renewal of licenses persons practicing as a Licensed Massage Therapist.
This administrative regulation establishes the minimum qualifications and
procedure for appeal of license decisions.
(d) How this administrative regulation
currently assists or will assist in the effective administration of the
statutes: This administrative regulation informs the applicants of the renewal
requirements and the appeal process for the denial of a renewal of a license.
(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 will add a requirement that
applicants provide a color photograph with their renewal applications and submit
to a criminal background check through law enforcement. The amendment will
inform applicants that appeal requests must be dated and submitted in writing.
(b) The necessity of the amendment to
this administrative regulation: The amendment will add a requirement that
applicants prove their identity with a color photograph and criminal background
check to protect the Commonwealth against fraud. The amendment will set a
uniform appeal procedure so that appeals can be heard timely.
(c) How the amendment conforms to the
content of the authorizing statutes: KRS 309.355 requires the board to evaluate
the qualifications for applicants for renewal of licensure and establish
procedures for the issuance of renewals. KRS 309.362 allows the board to deny
licensure to applicants that may endanger the health, safety, or welfare of the
public and hold administrative hearings on the denials pursuant to KRS Chapter
13B. KRS 309.361 requires the board to set standards and conditions for renewal
of licenses.
(d) How the amendment will assist in the
effective administration of the statutes: This amendment will require renewal
applicants to submit a color photograph with their application to verify their
identity. This administrative regulation will require renewal applicants to
submit to a criminal background check to verify their arrest records. The
amendment will require timely appeals.
(3) List the type and number of
individuals, businesses, organizations, or state and local governments affected
by this administrative regulation: An estimated 225 persons will seek licensure
within the next fiscal year, this regulation will also continue as new
applicants seek licensure from the board.
(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: This administrative regulation
requires renewal applicants to submit a color photograph with an application. This
administrative regulation will require renewal applicants to submit timely
requests for appeal.
(b) In complying with this administrative
regulation or amendment, how much will it cost each of the entities identified
in question (3): The licensees must pay the appropriate biennial renewal fee
listed in administrative regulation 201 KAR 42:020.
(c) As a result of compliance, what
benefits will accrue to the entities identified in question (3): Applicants for
renewal will have a recent color photograph in their board file to protect
against identity theft or fraud. The public will have a means to verify that a
massage therapist is in fact licensed with the board. Licensees will be
informed of the requirement for timely appeals of license denials and have
hearings held close in time to the date of the denial.
(5) Provide an estimate of how much it
will cost the administrative body to implement this administrative regulation:
(a) Initially: The budget for the Board
is $168,000 annual. It will not cost the administrative body any additional
funds to implement this administrative regulation.
(b) On a continuing basis: The budget for
the Board is estimated to continue to have a budget of $168,000 annual. It will
not cost the administrative body any additional funds to implement this
administrative regulation.
(6) What is the source of the funding to
be used for the implementation and enforcement of this administrative
regulation: The board’s operation is funded solely by fees paid by the
licensees 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: This administrative
regulation does not require an increase in fees to implement the regulation.
(8) State whether or not this
administrative regulation established any fees or directly or indirectly
increased any fees: This regulation does not increase or establish a fee.
(9) TIERING: Is tiering applied? No. Tiering
is not necessary because the terms and conditions of this regulation will be
applied to all applicants and applications for renewal equally.
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 Massage Therapy is an administrative body created by KRS
309.355.
2. Identify each state or federal statute
or federal regulation that requires or authorizes the action taken by the
administrative regulation. KRS 309.355(1), (3); KRS 309.361; KRS 309.362.
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.
(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? The
revenue generated will depend on the number of applicants and renewals for the
year.
(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? The
revenue will depend on the number of applicants and renewals for the subsequent
years.
(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 (+/-): N/A
Expenditures (+/-): N/A
Other Explanation: N/A:
