GENERAL GOVERNMENT CABINET
Board of Licensure for Long Term Care Administrators
RELATES TO: KRS 36.450, 216A.080, 216A.090
STATUTORY AUTHORITY: KRS 216A.070(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 216A.070(3) authorizes the Board of Licensure for Long-term Care Administrators to promulgate administrative regulations necessary for the proper performance of its duties. KRS 216A.090 requires the holder of a license to renew that license biennially. This administrative regulation establishes the requirements for renewal, late renewal, inactive licensure, and reinstatement of a license.
Section 1. (1) A license shall be renewed every two (2) years from date of issue or from date of last renewal. To apply for renewal, a licensee shall:
(a) Submit a completed Renewal Form to the board; and
(b) Pay to the board the appropriate renewal fee established in 201 KAR 6:060 for the renewal of a license.
(2) A sixty (60) day grace period shall be allowed after the renewal date, during which time a licensee may continue to practice and may renew the license upon payment of the late renewal fee established in 201 KAR 6:060.
(a) Except as provided by KRS 36.450, a license not renewed by the end of the sixty (60) day grace period shall terminate based on the failure of the licensee to renew in a timely manner.
(b) Upon termination, the licensee shall not practice in the Commonwealth.
(3) A license shall be deemed inactive if:
(a) The board receives a written request seeking inactive status from the licensee;
(b) A licensee pays to the board the inactive licensee fee established in 201 KAR 6:060 for an inactive license;
(c) The grace period established in subsection (2) of this section has not expired; and
(d) The license is in good standing when the inactive status request is received.
After the sixty (60) day grace period, in order to apply for reinstatement, an
individual with a terminated license shall submit a completed[
Application for Licensure and pay the reinstatement fee established in
201 KAR 6:060.
(b) A person who applies for reinstatement after expiration of a license shall not be required to meet current licensure requirements, except those established in 201 KAR 6:070, Section 10, if reinstatement application is made within two (2) years from the date of expiration.
In order to apply for reactivation, an individual with an inactive license
shall submit a completed Application for Licensure[
and Reactivation Form] accompanied by the reactivation fee established in
201 KAR 6:070.
(b) An individual who has continuously maintained inactive status and who makes application to return to active status shall not be required to meet current licensure requirements except those established by 201 KAR 6:070, Section 10.
(6) A licensee who fails to reinstate a license within two (2) years after its termination shall not have it renewed, restored, reissued, or reinstated. A person may apply for and obtain a new license by meeting the current requirements for licensure established in KRS 216A.080 and 201 KAR Chapter 6.
(7) A suspended license shall be subject to expiration and termination and shall be renewed as provided in this administrative regulation. Renewal shall not entitle the licensee to engage in the practice until the suspension has ended, or is otherwise removed by the board and the right to practice is restored by the board.
(8) A revoked license shall be subject to expiration or termination and shall not be renewed. If it is reinstated, the licensee shall pay the reinstatement fee as set forth in subsection (2) of this section and the renewal fee as set forth in subsection (1) of this section.
(9) A licensee applying for renewal, late renewal, or reinstatement of licensure shall show evidence of completion of continuing education as established by 201 KAR 6:070.
An inactive licensee shall renew his or her inactive license biennially by
submitting an application on the Renewal[
Inactive Renewal and
Reactivation] Form and submitting payment of the fee established in 201 KAR
Section 2. Incorporation by Reference. (1) The following material is incorporated by reference:
"Renewal Form", January 2014[
August 2013]; and
"Application for Licensure," January 2014[
Application", August 2013; and (c)
"Inactive Renewal and Reactivation Form", August 2013].
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Licensure for Long-Term Care Administrators, 911 Leawood Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
GREG WELLS, Board Chair
APPROVED BY AGENCY: January 2, 2014
FILED WITH LRC: January 9, 2014 at 3 p.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 21, 2014 at 8:30 a.m. (EST) at 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. 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 11:59 pm on February 28, 2014. 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: Jennifer Hutcherson, Board Administrator, Board of Licensure for Long Term Care Administrators, PO Box 1360, Frankfort, Kentucky 40602, phone 502-564-3296.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Michael West
(1) Provide a brief summary of
(a) What this administrative regulation does: This regulation establishes other requirements for renewal of a license as a long term care administrator.
(b) The necessity of this administrative regulation: This regulation is necessary to implement the provisions of KRS 216A.070(1)(a).
(c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation is in conformity KRS 216A.070(3).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation will help the public in understanding the requirements for renewing a license as a long term care administrator.
(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 edits the forms used for the administration of this regulation.
(b) The necessity of the amendment to this administrative regulation: The amendment is necessary to ensure the requirements for licensure are understood per the forms.
(c) How the amendment conforms to the content of the authorizing statutes: The amendment to this administrative regulation is in conformity as the authorizing statute that gives the board the ability to promulgate regulations generally and to utilize forms to fulfill the process of those regulations.
(d) How the amendment will assist in the effective administration of the statutes: The amendment to this administrative regulation will assist the board by making the process of the Board more easily understandable.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Approximately 800 individuals are licensed by the Board. This regulation primarily relates to future unidentified applicants for temporary permits.
(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: The licensees will need to become familiar with the processes for renewing a license.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): None.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): They will more readily understand the process they are to complete.
(5) Provide an estimate of how much it will cost to implement this administrative regulation:
(a) Initially: No new costs will be incurred by the changes.
(b) On a continuing basis: No new costs will be incurred by the changes.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The board’s operations are funded by fees paid by licensees.
(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: No fees will be required to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: The amendment to this administrative regulation does not establish any new fees. Nor does it increase any existing fees.
(9) TIERING: Is tiering applied? Tiering is not applied to this regulation.
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 Long Term Care Administrators.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation: KRS 216A.070(3).
(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. None
(a) 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. None
(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? None
(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.