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.
(2)
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).
(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 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", 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. 1017; Am. 1226; eff. 2-3-2006; 33 Ky.R. 1885; 2935; eff.
4-6-2007; 37 Ky.R. 1699; 1991; eff. 3-4-2011; 38 Ky.R. 1657; 1856; eff.
6-1-2012; 39 Ky.R. 1938; eff. 5-31-2013; 40 Ky.R. 2204; 41 Ky.R. 442; eff.
10-3-2014.)
