GENERAL GOVERNMENT CABINET
Board of Podiatry
††††† RELATES TO: KRS 218A.205, 311.450(2)
††††† STATUTORY AUTHORITY: KRS 218A.205(3)(h), 311.410(4), 311.450(2)
††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 311.450(2) requires the board to promulgate an administrative regulation to establish continuing education requirements for a podiatrist. KRS 218A.205(3)(h) requires the board to mandate continuing education related to the use of the Kentucky All-Schedule Prescription Electronic Reporting System (KASPER). This administrative regulation establishes those continuing education requirements.
††††† Section 1. (1) Each podiatrist licensed by the board shall annually complete twenty (20) hours of continuing education relating to the practice of podiatry.
††††† (2) The twenty (20) hours shall include:
††††† (a) At least fifteen (15) Category A continuing education hours; and
††††† (b) Not more than five (5) Category B continuing education hours.
††††† (3) A continuing education hour shall equal fifty (50) clock minutes of participating in continuing education instruction or presentation that meets the requirements of this administrative regulation for continuing education courses.(4)(a) Beginning on July 1, 2012, and annually thereafter, each podiatrist licensed by the board shall complete at least one and one-half (1.5) hours of continuing education related to the use of the Kentucky All-Schedule Prescription Electronic Reporting System (KASPER), pain management, or addiction disorders.
††††† (b) This requirement shall be included in the twenty (20) hours of continuing education required by this administrative regulation.
††††† Section 2. Categories of Continuing Education Hours. (1) A Category A continuing education hour shall specifically relate to podiatric medicine, surgery, or science and shall:
††††† (a) Be earned by attendance at:
††††† 1. A professional seminar, including the Kentucky Podiatric Medical Associationís annual conference;
††††† 2. An accredited school of podiatry continuing education program; or
††††† 3. Another program approved by the board under Section 6 of this administrative regulation; and
††††† (b) Be approved by the American Podiatric Medical Association/Council on Podiatric Medical Education (APMA/CPME), except if the course provider or the licensee that intends to take a course has requested and received board approval of the course under Section 6 of this administrative regulation prior to the course's presentation.
A Category B continuing education hour may[
shall] relate to
non-podiatric medical issues or general practice issues and may[ shall]
be earned by attendance at or participation in:
††††† (a) Home study courses;
††††† (b) Hospital, clinic, or in-house staff lectures; or
††††† (c) Local or regional medical society or medical association meetings.
††††† Section 3. (1) A licensee shall keep a valid record of each continuing education program completed. The record shall:
††††† (a) Include a receipt or certification received for the program;
Be kept for three (3) years;[
, except for the continuing education
records related to the course of study required by subsection (4) of this
section on HIV, which shall be kept for twelve (12) years; and]
††††† (c) Be presented upon request by the board for audit. If selected by the board for audit, the licensee shall submit the requested proof of continuing education to the board within fifteen (15) days of the request; and
††††† (d) For Category A programs, include proof of APMA/CPME certification or a written letter of approval from the board.
††††† (2) The period during which continuing education courses shall be completed shall be from July 1 of each year until June 30 of the following year.
††††† (3) Each licensee shall submit, with the annual renewal, a list of all accredited continuing education programs completed by the licensee during the previous license year. Failure to do so shall result in suspension or revocation of the license.
Every ten (10) years, each licensed podiatrist shall successfully complete two
(2) hours of continuing education which:
Complies with the requirements of KRS 214.610(1); and
Is approved by:
The Kentucky Cabinet for Health and Family Services as pertaining to the
transmission, control, treatment, and prevention of the human immunodeficiency
syndrome and acquired immunodeficiency syndrome; or
††††† Section 4. (1) On application, the board shall consider granting a waiver 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; or
††††† (c) Death or serious injury of an immediate family member.
††††† (2) A written request for waiver or extension of time involving medical disability or illness shall be:
††††† (a) Submitted by the person holding the license; and
††††† (b) Accompanied by a document verifying the illness or disability signed by the:
††††† 1. Licenseeís personal physician; or
††††† 2. Immediate family member's personal 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 5. Inactive Status. (1) A licensee may apply for inactive status by submitting a written letter to the board.
††††† (2) A licensee granted inactive status shall be relieved of the obligation to meet the requirements for continuing education established in this administrative regulation.
††††† (3) A person on inactive status shall be permitted to use the term "podiatrist" but the licensee shall not be permitted to engage in the practice of podiatry. Any person who practices podiatry while on inactive status shall be deemed to be practicing podiatry without a license in violation of KRS 311.400.
††††† (4) A licensee seeking relicensure from inactive to active status shall fulfill the following requirements:
††††† (a) If the licensee has been inactive for no more than five (5) consecutive years, he shall:
††††† 1. Provide written notice to the board requesting reactivation to active status by filing a License Renewal Application and requesting in writing that the license be made active;
††††† 2. Have completed twenty (20) hours of Category A continuing education requirements within a period of six (6) months preceding the request for active status, including the course on acquired immunodeficiency syndrome required by Section 3(4) of this administrative regulation; and
††††† 3. Pay:
The renewal fee of $175[
$150] established in 201 KAR 25:021,
Section 1; and
A reactivation fee of $200[
††††† (b) If a licensee has been in inactive status for more than five (5) consecutive years, he shall:
††††† 1. File a completed Application for Examination in accordance with 201 KAR 25:011 and pay the required fee;
††††† 2. Be approved by the board to take the examination; and
††††† 3. Successfully complete a satisfactory examination before the board as provided by 201 KAR 25:012.
††††† Section 6. Board Approval of Continuing Education. (1) A course provider or a licensee shall submit a written request to the board for approval of a continuing education course.
††††† (2) A written request for board approval shall contain:
††††† (a) A brief summary of the continuing education;
††††† (b) The educational objectives of the continuing education;
††††† (c) The date, time, and place of the provision of the continuing education;
††††† (d) The name and credentials of the individual providing the continuing education; and
††††† (3) In determining whether to approve continuing education, the board shall consider whether the continuing education:
††††† (a) Is designed to provide current developments, skills, procedures, or treatments related to the practice of podiatry;
††††† (b) Is developed and provided by an individual with knowledge and experience in the subject area; and
††††† (c) Contributes directly to the professional competence of a licensee.
††††† Section 7. Incorporation by Reference. (1) The following material is incorporated by reference:
††††† (a) "Application for Examination", 4/00; and
"Kentucky Board of Podiatry License Renewal Application", 8/15[
††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Podiatry, P.O. Box 174, Glasgow, Kentucky 42142-0174, Monday through Friday, 8 a.m. to 4:30 p.m.
ROBERT G. LEVINE, DPM, President
††††† APPROVED BY AGENCY: August 19, 2015
††††† FILED WITH LRC: August 24, 2015 at 1 p.m.
††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 22, 2015 at 10:00 a.m. Eastern Time at the Office of the Attorney General, 1024 Capital Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays 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 wished to be heard will be given an opportunity to comment on the proposed 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 close of business, November 2, 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: Nicole S. Biddle, Board Counsel, Asst. Attorney General, Office of the Attorney General, 700 Capitol Avenue, Suite 118, Frankfort, Kentucky 40601, phone (502) 696-5300, fax (502) 564-6801.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Nicole S. Biddle
††††† (1) Provide a brief summary of: This administrative regulation requires all licensed podiatrists to complete continuing education, the annual renewal notice and return it, along with the annual renewal fee to the board. This administrative regulation is amended to ensure it is consistent with 201 KAR 25:021 establishing an annual license renewal fee and a delinquent penalty fee.
††††† (a) What this administrative regulation does: This administrative regulation requires all licensed podiatrists to complete the annual continuing education, a renewal notice and return it, along with the annual renewal fee to the board. This administrative regulation further establishes, pursuant to KRS 311.450 and 201 KAR 25:031, an annual license renewal fee and a delinquent penalty fee.
††††† (b) The necessity of this administrative regulation: These changes are allowed under KRS 218A.202(2), KRS 311.450 and 201 KAR 25:031.
††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation updates and amends the podiatry license renewal application fee and delinquent penalty fees.
††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This amendment is necessary to set the renewal and penalty fees for licensed podiatrists.
††††† (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: This regulation sets forth the updated fees for podiatry license renewals and delinquent payment fees. The regulatory history reflects that renewal fees were last updated in 1994 under 210 KAR 31:031.
††††† (b) The necessity of the amendment to this administrative regulation: This amendment is necessary because it establishes renewal fees that fund administration of the Kentucky Board of Podiatry.
††††† (c) How the amendment conforms to the content of the authorizing statutes: The amendment is consistent with the authorizing statutes allowing Podiatry Board to set fees for renewals and delinquent payments.
††††† (d) How the amendment will assist in the effective administration of the statutes: The amendment will provide funding for the board to regulate the licensure of practicing podiatrists in the Commonwealth of Kentucky.
††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Approximately 200 Licensees.
††††† (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: This amendment raises the licensed podiatrist renewal fees from $150 to $175 and raises the delinquent penalty from $100 to $200.
††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There will be additional cost to licensees and associates of twenty-five (25) dollars annually.
††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The applicants for licensure as a podiatrists will continue to have their profession regulated by the Kentucky Board of Podiatry.
††††† (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
††††† (a) Initially: No additional cost.
††††† (b) On a continuing basis: No additional cost.
††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The boardís operation is funded by the registration fees paid by 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: No increase in fees is necessary to implement this regulation, but revenue will increase when this regulation is implemented.
††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: The regulation did increase fees.
††††† (9) TIERING: Is tiering applied? Tiering was not applied as the criteria apply to all licensees.
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? The Kentucky Board of Podiatry.
††††† (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 218A.202(2), 311. 450.
††††† (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. Expenditures will not be affected by this amendment.
††††† (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? Approximately $6,000 will be generated from this regulation (approximately 200 licensees with an increased five (5) licensees renewing late totaling $1,000).
††††† (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? N/A
††††† (c) How much will it cost to administer this program for the first year? N/A
††††† (d) How much will it cost to administer this program for subsequent years? N/A
††††† 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