201 Kar 42:040. Renewal

Link to law: http://www.lrc.ky.gov/kar/201/042/040reg.htm
Published: 2015

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:
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