Office of Occupations and Professions
Board of Licensure for Long-term Care Administrators
RELATES TO: KRS 216A.090
STATUTORY AUTHORITY: KRS 216A.070(3), 216A.090
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 authorizes the board to promulgate an administrative regulation requiring a licensed long-term care administrator to complete continuing education requirements as a condition of renewal of licensure. This administrative regulation delineates 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 Long-Term Care Administrators.
(2) "Continuing education hour" means sixty (60) clock minutes of participation in a continuing educational experience.
(3) "Program" means an organized learning experience planned and evaluated to meet behavioral objectives, including an experience presented in one (1) session or in a series.
(4) "Provider" means an organization approved by the Kentucky Board of Licensure for Long-Term Care Administrators for providing a continuing education program.
(5) "Relevant" means having content applicable to the practice of long term care administration.
Section 2. Accrual of Continuing Education Hours; Computation of Accrual. (1) A minimum of thirty (30) continuing education hours shall be accrued by each person holding licensure during the two (2) year period for renewal.
(2) All continuing education hours shall be in or related to the field of long-term care administration.
(3) A maximum of fifteen (15) continuing education hours may be accrued during one (1) calendar day.
Section 3. Methods of Acquiring Continuing Education Hours. Continuing education hours applicable to the renewal of the license shall be directly related to the professional growth and development of a long-term care administrator. A continuing education hour shall be earned by completing an educational activity described in this section. (1) Programs not requiring board review and approval. An educational program shall be considered relevant to the practice of long-term care administration and shall be approved without further review by the board if it is:
(a) Sponsored or approved by the National Association of Long-Term Care Administrator Boards (NAB) or another board of licensure which is a member of NAB; or
(b) Sponsored by:
1. Leading Age, or any of its affiliated state chapters;
2. The American College of Health Care Administrators, or any of its affiliated state chapters;
3. The American College of Healthcare Executives;
4. The American Health Care Association, or any of its affiliated state chapters;
5. The American Hospital Association, or any of its affiliated state chapters;
6. The Kentucky Board of Nursing; or
7. The American Medical Directors Association, or any of its affiliated chapters.
(2) Programs requiring board review and approval. A relevant program from one (1) of the following sources shall be approved by the board:
(a) A college course directly related to business administration, economics, marketing, computer science, social services, psychology, gerontology, or health professions including nursing or premedicine, except that a college course described in this paragraph shall not fulfill more than one-half (1/2) of a licensee’s continuing education requirement;
(b) A relevant program, including a home study course or in-service training provided by another organization, educational institution, or other service provider approved by the board;
(c) A relevant program or academic course presented by the licensee. A presenter of a relevant program or academic course shall earn full continuing education credit for each contact hour of instruction, not to exceed one-half (1/2) of the continuing education renewal requirements. Credit shall not be issued for repeated instruction of the same course; or
(d) Authoring an article in a relevant, professionally recognized or juried publication. Credit shall be granted for an article that was published within the two (2) year period immediately preceding the renewal date if the licensee has not received credit for another publication during that renewal period. A licensee shall earn one-half (1/2) of the continuing education hours required for a relevant publication.
Section 4. Procedures for Approval of Continuing Education Programs. A course which has not been preapproved by the board may be used for continuing education if approval is secured from the board for the course. In order for the board to adequately review this program, the licensee requesting approval shall submit:
(1) A published course or similar description;
(2) Names and qualifications of the instructors;
(3) A copy of the program agenda indicating hours of education, coffee breaks, and lunch breaks;
(4) Number of continuing education hours requested;
(5) Official certificate of completion or college transcript from the sponsoring agency or college;
(6) Application for Continuing Education; and
(7) The fee required by 201 KAR 6:060, Section 7.
Section 5. Procedures for Preapproval of Continuing Education Sponsors and Programs. (1) Sponsor approval.
(a) Any entity 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 4 of this administrative regulation.
(b) An applicant shall satisfy the board that the entity seeking this status:
1. Consistently offers programs which meet or exceed all the requirements established in subsection (2) of this section; and
2. Does not exclude any licensee from its programs.
(2) A continuing education activity shall be qualified for approval if the board finds the activity being presented:
(a) Is an organized program of learning;
(b) Pertains to subject matters which integrally relate to the practice of long term care administration;
(c) Contributes to the professional competency of the licensee; and
(d) Is conducted by individuals who have relevant educational training or experience.
Section 6. Responsibilities and Reporting Requirements of Licensees. (1) Each licensee shall be responsible for obtaining the required continuing education hours established in Section 2 of this administrative regulation. The licensee shall:
(a) Identify his or her own continuing education needs;
(b) Take the initiative in seeking continuing professional education activities to meet these needs; and
(c) Seek ways to integrate new knowledge, skills, and attitudes.
(2) Each person holding licensure shall:
(a) Select approved activities by which to earn continuing education hours;
(b) Submit to the board, if applicable, a request for continuing education activities requiring approval by the board as established in Section 4 of this administrative regulation;
(c) Maintain his or her own records of continuing education hours;
(d) At renewal, list the continuing education hours obtained during that licensure renewal period; and
(e) At renewal, furnish documentation of attendance and participation in the number of continuing education hours required by Section 2 of this administrative regulation and as required by this paragraph.
1. Each person holding licensure shall maintain, for a period of two (2) years from the date of renewal, all documentation verifying successful completion of continuing education hours.
2. During the two (2) year licensure renewal period, up to fifteen (15) percent of all licensees shall be required by the board to furnish documentation of the completion of the number of continuing education hours, required by Section 2 of this administrative regulation, for the current renewal period.
3. Verification of continuing education hours shall not otherwise be reported to the board.
4. Documentation shall take the form of official documents including:
c. Affidavits signed by instructors; or
d. Receipts for fees paid to the sponsor.
5. Each licensee shall retain copies of the documentation.\
Section 7. Responsibilities and Reporting Requirements of Providers. (1) A provider of continuing education not requiring board approval shall be responsible for providing documentation, as established in Section 4 of this administrative regulation, directly to the licensee.
(2) A provider of continuing education requiring board approval shall be responsible for submitting a course offering to the board for review and approval before listing or advertising that offering as approved by the board.
Section 8. Board to Approve Continuing Education Hours; Appeal when Approval Denied. (1) If an application for approval of continuing education hours is denied, the licensee may request reconsideration by the board of its decision.
(2) The request shall be in writing and shall be received by the board within thirty (30) days after the date of the board’s decision denying approval of continuing education hours.
(3) An appeal shall be conducted in accordance with KRS Chapter 13B.
Section 9. Waiver or Extensions of Continuing Education. (1) The board may, in an individual case involving medical disability, illness, or undue hardship, grant a waiver of the minimum continuing education requirements or an extension of time within which to fulfill the requirements or make a required report.
(2) A written request for waiver or extension of time involving medical disability or illness shall be submitted by the person holding a license and shall be accompanied by a verifying document signed by a licensed physician.
(3) A waiver of the minimum continuing education requirements or an extension of time within which to fulfill the continuing education requirements shall be granted by the board for a period of time not to exceed one (1) calendar 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 person holding licensure 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 thirty (30) hours of continuing education within the twenty-four (24) month period immediately preceding the date on which the request for reinstatement or reactivation is submitted to the board.
(2) Upon request by a licensee, the board may permit the licensee to resume practice, with the provision that the licensee shall receive thirty (30) hours continuing education within six (6) months of the date on which the licensee is approved to resume practice.
(3) 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. Incorporation by Reference. (1)
"Application for Continuing Education", August 2015[
2014], is incorporated by reference.
(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, 8:00 a.m. to 4:30 p.m.
GREG WELLS, Chairman
APPROVED BY AGENCY: July 30, 2015
FILED WITH LRC: August 12, 2015 at 10 a.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Wednesday, September 23, 2015 at 2:30 p.m. Eastern time, at the Kentucky Board of Licensure for Long-term Care Administrators, 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received within five days of the hearing date, the hearing may be canceled. 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 end of day, Wednesday, September 30, 2015. 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: J. Marcus Jones, Board Counsel, Office of the Attorney General, 700 Capital Avenue, Suite 118, Frankfort, Kentucky 40601, phone (502) 696-5635, fax (502) 564-6801.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Marcus Jones
(1) Provide a brief summary of: Establishes continuing education requirements for licensees.
(a) What this administrative regulation does: Sets the continuing education requirements and methods of getting board approval for continuing education courses.
(b) The necessity of this administrative regulation: The regulation is necessary because uniform continuing education requirements protect the public and inform long-term care licensees.
(c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 216A.090 authorizes the board to establish continuing education requirements for the renewal of licenses. KRS 216A.070(3) authorizes the board to promulgate regulations to perform its duties under the Chapter.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation sets forth the required continuing education standards and methods for obtaining board approval for continuing education courses.
(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 will incorporate the current version of the regulation into the application for continuing education.
(b) The necessity of the amendment to this administrative regulation: The continuing education regulation has been amended in recent years. The board must incorporate the current version of the application for continuing education to keep the application consistent with the regulation’s current continuing education requirements.
(c) How the amendment conforms to the content of the authorizing statutes: KRS 216A.090 authorizes the board to establish continuing education requirements for the renewal of licenses, and the amendment will incorporate a revised application that accurately states the continuing education requirements listed in the regulations.
(d) How the amendment will assist in the effective administration of the statutes: This is amendment will allow the board to accurately inform licensees of the continuing education requirements.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: There are approximately 860 licensees affected by this amendment.
(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: 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: Licensees will have to apply for continuing education requirements consistently with the regulations and application for continuing education. In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The licensees must pay the appropriate biennial renewal fee listed in administrative regulation 201 KAR 6:060. As a result of compliance, what benefits will accrue to the entities identified in question (3): The licensees will be granted approval of continuing education courses that meet the current standards listed in regulations.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially: There will be no additional cost to implement this regulation.
(b) On a continuing basis: There will be no additional ongoing cost to implement this regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The board’s operation is funded solely by fees paid by the licensees and applicants.
(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: This administrative regulation does not require an increase in fees to implement the regulation.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This regulation does not increase or establish a fee.
(9) TIERING: Is tiering applied? No. Tiering is not necessary because the terms and conditions of this regulation will be applied to all licensees equally.
FISCAL NOTE ON STATE AND 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.090; 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.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? $61,000.
(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? $61,000.
(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.
Revenues (+/-): N/A
Expenditures (+/-): N/A
Other Explanation: N/A