201 KAR 41:070. Continuing professional education requirements

Link to law: http://www.lrc.ky.gov/kar/201/041/070.htm
Published: 2015

      201 KAR 41:070. Continuing professional education requirements.

 

      RELATES TO: KRS 329A.025,

329A.045(11)

      STATUTORY AUTHORITY: KRS

329A.025(2)(a), (3)(e), 329A.045(11)

      NECESSITY, FUNCTION AND

CONFORMITY: KRS 329A.025(3)(e) authorizes the board to renew licenses and require

continuing professional education as a condition for renewal. KRS

329A.025(2)(a) authorizes the board to implement the provisions of KRS 329A.010

to 329A.090 through the promulgation of administrative regulations. This

administrative regulation establishes the requirements for continuing education

and prescribes methods and standards for the accreditation of continuing

education courses.

 

      Section 1. Definitions. (1)

"Approved" means recognized by the Kentucky Board of Licensure for

Private Investigators.

      (2) "Continuing

education hour" means fifty (50) clock minutes of participating in a

continuing professional education experience.

      (3) "Program"

means an organized learning experience:

      (a) Planned and evaluated

to meet behavioral objectives; and

      (b) Presented in one (1)

session or in a series.

      (4) "Provider"

means an organization approved by the Kentucky Board of Licensure for Private

Investigators for providing continuing professional education programs.

 

      Section 2. Accrual of Continuing

Education Hours; Computation of Accrual. (1) A minimum of twelve (12)

continuing education hours shall be accrued by each person holding licensure

during the two (2) year licensure period for renewal.

      (2) All hours shall be in

or related to the field of private investigation.

 

      Section 3. Methods of

Acquiring Continuing Education Hours. (1) Continuing education hours applicable

to the renewal of the license shall be directly related to the professional

growth and development of a licensed private investigator.

      (2) They shall be earned by

completing any of the following educational activities:

      (a) Programs not requiring

board review and approval. A program provided or approved or sponsored by any

of the following providers, shall be deemed to be relevant to the practice of

private investigation and shall be approved without further review by the

board:

      1. Kentucky Professional

Investigators Association (KPIA);

      2. Kentucky Society of

Professional Investigators (KSPI);

      3. Association of Certified

Fraud Examiners;

      4. Association One;

      5. National Fire or Arson

Certification Associations;

      6. State and local bar

associations; and

      7. Continuing education

programs approved by other state licensure boards;

      (b)1. A general education

course, or elective designated to meet undergraduate or postgraduate degree

requirements, shall be acceptable for continuing education credit if the board

determines it to be relevant to the field of private investigation.

      2. Academic credit

equivalency for continuing education hours shall be based on one (1) credit

hour equaling twelve (12) continuing education hours; and

      (c) Programs requiring

board review and approval. A program from any of the following sources shall be

reviewed by the board and determined whether it complies with the requirements

of Section 4(2) of this administrative regulation:

      1. A program, including a

home study course and in-service training provided by an organization or

education institution not listed in subsection (1) of this section;

      2.a. A program or academic

course presented by the licensee.

      b. A presenter of a

relevant program or academic course shall earn two (2) continuing education

hours for each contact hour of instruction.

      c. Credit shall not be

issued for repeated instruction of the same course; or

      3.a. A relevant publication

in a professionally recognized or juried publication.

      b. Continuing education

hours shall be granted for relevant publications subject to review and approval

by the board.

 

      Section 4. Procedures for

Preapproval of Continuing Education Programs. (1)(a) A continuing education

provider seeking to obtain approval of a continuing education program prior to

its offering shall apply to the board at least sixty (60) days in advance of

the commencement of the program and shall provide the information required in

Section 5 of this administrative regulation.

      (b) An approved program fee

shall be paid as established in 201 KAR 31:040, Section 9.

      (2) A continuing education

activity shall be qualified for approval if the board determines the activity:

      (a) Is an organized program

of learning;

      (b) Pertains to subject

matter relating to private investigation;

      (c) Enhances the

professional competence of the licensee by:

      1. Refreshing the

licensee's knowledge and skills; or

      2. Educating on a new topic

or subject; and

      (d) Is conducted by a

competent instructor, as documented by academic training, professional

licensures or certification, or professionally recognized experience.

 

      Section 5. Procedures for

Approval of Continuing Education Programs. (1) A course that has not been

preapproved by the board may be used for continuing education if approval is

secured from the board by the continuing education provider.

      (2) The following

information shall be submitted for board review of a program:

      (a) A published course or

seminar description;

      (b) The name and

qualifications of the instructor;

      (c) A copy of the program

agenda indicating hours of education, coffee, and lunch breaks;

      (d) Number of continuing

education hours requested;

      (e) Official certificate of

completion or college transcript from the sponsoring agency or college;

      (f) Application for

continuing education credits approval; and

      (g) Approval will be for

one (1) year from date of approval.

 

      Section 6. Responsibilities

and Reporting Requirements of Licensees. (1)(a) During the licensure renewal

period, the board shall require up to fifteen (15) percent of all licensees to

furnish documentation of the completion of the appropriate number of continuing

education hours.

      (b) All copies of

documentation submitted to the board shall be returned to the licensee upon

completion of the audit process via regular U.S. mail, first class, postage

prepaid.

      (c) Verification of

continuing education hours shall not otherwise be reported to the board.

      (2) A licensee shall:

      (a) Be responsible for

obtaining required continuing education hours;

      (b) Identify continuing

education needs and seek activities that meets those needs;

      (c) Seek ways to integrate

new knowledge, skills, and activities;

      (d) Select approved

activities by which to earn continuing education hours;

      (e) Submit to the board, if

applicable, a request for approval for continuing education activities not

approved as required in Section 3(2)(b) of this administrative regulation;

      (f) Document attendance,

participation in, and successful completion of continuing education activity;

      (g) Maintain records of

continuing education hours for five (5) years from the date of the offering of

the continuing education activity; and

      (h) If applicable, submit

information from a continuing education course that has not been preapproved by

providing to the board for review the information specified in Section 5(2) of

this administrative regulation.

      (3) The following items may

be used to document continuing education activity:

      (a) Transcript;

      (b) Certificate;

      (c) Affidavit signed by the

instructor;

      (d) Receipt for the fee

paid to the sponsor; or

      (e) Written summary of

experiences that are not formally or officially documented otherwise.

      (4) Failure to comply with

the provisions of this administrative regulation shall constitute a violation

of KRS Chapter 329A and shall result in:

      (a) Refusal to renew

licensure;

      (b) Suspension of

licensure; or

      (c) Revocation of

licensure.

 

      Section 7. Carry-over of

Continuing Education Hours Prohibited. Continuing education hours earned in

excess of those required under Section 2 of this administrative regulation

shall not be carried over into the immediately following licensure renewal

period.

 

      Section 8. Appeal of Denial

of Continuing Education Hours. (1) If an application for approval of continuing

education hours is denied, the licensee shall have the right to appeal the

board's decision.

      (2) An appeal shall be:

      (a) In writing;

      (b) Received by the board

within thirty (30) days after the date of the decision denying approval of

continuing education hours; and

      (c) Conducted in accordance

with KRS Chapter 13B.

 

      Section 9. Waiver or

Extensions of Continuing Education. (1) On application, the board may grant a

waiver or extension of the continuing education requirements or an extension of

time within which to fulfill the requirements in the following cases:

      (a) Medical disability of

the licensee;

      (b) Illness of the licensee

or an immediate family member;

      (c) Death or serious injury

of an immediate family member; or

      (d) Active military duty.

      (2) A written request for

waiver or extension of time involving medical disability or illness shall be:

      (a) Submitted by the

licensee; and

      (b) Accompanied by a

verifying document signed by a licensed physician.

      (3) A waiver of or

extension of time within which to fulfill the minimum continuing education

requirements shall not exceed one (1) 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 shall

reapply for the waiver or extension.

 

      Section 10. Continuing

Education Requirements for Reinstatement or Reactivation of Licensure. (1) A

person requesting reinstatement or reactivation of licensure shall submit

evidence of receiving twelve (12) hours of continuing education within the two

(2) year period immediately preceding the date that reinstatement or reactivation

is requested

      (2) The continuing

education hours received in compliance with this section shall be in addition

to the continuing education requirements established in Section 2 of this

administrative regulation and shall not be used to comply with the requirements

of that section.

 

      Section 11. Proof of

continuing education shall be required for all licensure cycles beginning in

2008. (32 Ky.R. 2390; 33 Ky.R. 728; eff. 10-6-2006; 35 Ky.R. 626; 1445; eff.

1-5-2009.)
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