GENERAL GOVERNMENTAL CABINET

Office of Occupations and Professions

Kentucky Board of Licensure for Massage Therapy

(Amendment)

 

      201 KAR 42:020. Fees.

 

      RELATES TO: KRS 309.357, 309.362(2), (3)

      STATUTORY AUTHORITY: KRS 309.355(3), 309.357

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.355(3) requires the board to promulgate administrative regulations to implement KRS 309.350 to 309.364. KRS 309.357 requires the board to establish reasonable fees for the licensure of massage therapists. KRS 309.362(2) and (3) authorize the issuance of an inactive license and reinstatement. This administrative regulation establishes the fees relating to massage therapy (MT) licensure.

 

      Section 1. Fee Payments. (1) All fees established in Section 2 of this administrative regulation shall be:

      (a) Made payable as required by KRS 309.356 to the State Treasury; and

      (b) Paid by:

      1. Cashier’s check;

      2. Certified check;

      3. Money order;

      4. Personal check; or

      5. Online payment by credit card, debit card, or electronic check.

      (2) A payment for an application fee that is incorrect shall be returned to the applicant and the application shall not be posted until the correct fee is received.

      (3) The application fee and the initial licensure fee established in Section 2(1) of this administrative regulation shall be nonrefundable.

      (4) If it is determined that a refund of any fee is required, the refund shall be issued to the applicant or licensee.

 

      Section 2. Fees. (1) The fee for an initial massage therapist license shall be $125.

      (2)(a) The biennial renewal fee for a massage therapist license renewed on or before the renewal date shall be $100.

      (b) If the license is renewed after the renewal date and up to sixty (60) days after expiration of the license, the fee for late renewal shall be $150.

      (c) If the license is renewed sixty-one (61) to ninety (90) days after the expiration of the license, the late renewal fee shall be $200.

      (d) If a license is not renewed within ninety (90) days of expiration of the license, the applicant shall comply with KRS 309.357(6).

      (3) A licensee shall be in good standing with the board at the time the licensee elects inactive status.

      (4)(a) The annual renewal date for an inactive license shall remain the original issue date of the license.

      (b) The annual renewal fee for an inactive license shall be thirty-five (35) dollars.

      (5) If the inactive license is renewed after the renewal date and up to sixty (60) days after expiration of the license, the fee for late inactive renewal shall be fifty-two (52) dollars and fifty (50) cents[$52.50].

      (6) If the inactive license is renewed sixty-one (61) to ninety (90) days after the expiration of the license, the late renewal fee shall be seventy (70) dollars.

      (7) The application fee for moving a license from inactive to active status shall be fifty (50) dollars and shall not be prorated.

      (8) A licensee who elects inactive status or an inactive licensee electing to activate his or her license shall complete and submit an Application for Inactive or Return to Active Status in addition to the fee referenced in subsection (7) of this section.

 

      Section 3. Incorporation by Reference. (1) "Application for Inactive or Return to Active Status", September 2015[April 2013], is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m.

 

DENISE LOGSDON, Board Chair

      APPROVED BY AGENCY: October 5, 2015

      FILED WITH LRC: October 14, 2015 at 2 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Monday, November 23, 2015 at 2:30 p.m. Eastern time, at the Kentucky Board of Licensure for Massage Therapy, 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, Monday, November 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: John Marcus Jones

      (1) Provide a brief summary of: Establishes the fees and inactive status requirements for licensed massage therapists.

      (a) What this administrative regulation does: This administrative regulation establishes the fees and inactive status requirements for persons licensed as massage therapists.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to set the minimum fees and payment process for massage therapists. The administrative regulation sets the process for a licensee electing inactive status.

      (c) How does this administrative regulation conform to the content of the authorizing statutes? KRS Chapter 309 requires the board to verify the qualifications of and establish fees for persons who wish to practice in the state as a Licensed Massage Therapists. This administrative regulation establishes the minimum fees and requirements for inactive status.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation informs the applicants of the fees for licensure and renewal, and establishes the fees and process for inactive status.

      (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 requirements for fees and the current process for inactive status into the application form.

      (b) The necessity of the amendment to this administrative regulation: The amendment is necessary to update the form with the current process and fees for inactive licensure status. The amendment will inform licensees of the process and fees set in the regulations.

      (c) How the amendment conforms to the content of the authorizing statutes: KRS 309.355(1) requires the board to evaluate the qualifications for applicants for licensure and establish procedures for the renewing of licenses. KRS 309.357 sets the fees for licensee renewal and late renewal. KRS 309.362(3) sets the process by which licensees go to inactive status and return to active status. The amendment incorporates those statutes into the form.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment will incorporate the current process by which licensees go to inactive status and return to active status into the application for licensure form. This amendment will assist licensees that elect to go to inactive status.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: An estimated 225 persons will seek temporary licensure within the next fiscal year, this regulation will also continue as new applicants seek temporary licensure from the board.

      (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 administrative regulation requires applicants to complete the current application for licensure as the first step of obtaining inactive status for a license. This amendment will place the statutory requirements in the application form.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The board does not anticipate any cost to the applicants affected by the regulation.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Applicants for licensure will know the current statutory rules for inactive status.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: The budget for the Board is $168,000 annual. It will not cost the administrative body any additional funds to implement this administrative regulation.

      (b) On a continuing basis: The budget for the Board is estimated to continue to have a budget of $168,000 annual. It will not cost the administrative body any additional funds to implement this administrative 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 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: No increase in fees or funding is necessary to implement this administrative regulation change.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish fees. This amendment will not increase or decrease the fees already stated in statute.

      (9) Tiering: Is tiering applied? No. Tiering is not applied because the criteria established in this regulation apply equally to all applicants for licensure.

 

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 Massage Therapy is an administrative body created by KRS 309.355.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 309.355, KRS 309.357, and KRS 309.362.

      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. This administrative regulation will not have any effect on the expenditures and revenues of state and local government.

      (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? The revenue generated will depend on the number of applicants and renewals for the year.

      (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? The revenue will depend on the number of applicants for the subsequent years.

      (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