201 Kar 42:040. Renewal

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

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      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.)