201 KAR 41:070. Continuing professional education requirements.
RELATES TO: KRS 329A.025,
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
Section 1. Definitions. (1)
"Approved" means recognized by the Kentucky Board of Licensure for
education hour" means fifty (50) clock minutes of participating in a
continuing professional education experience.
means an organized learning experience:
(a) Planned and evaluated
to meet behavioral objectives; and
(b) Presented in one (1)
session or in a series.
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
1. Kentucky Professional
Investigators Association (KPIA);
2. Kentucky Society of
Professional Investigators (KSPI);
3. Association of Certified
4. Association One;
5. National Fire or Arson
6. State and local bar
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
(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
(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
(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
(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:
(c) Affidavit signed by the
(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
(b) Suspension of
(c) Revocation of
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
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
(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
(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
(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
(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.