GENERAL GOVERNMENT CABINET

Kentucky Board of Licensure for Massage Therapy

(Amendment)

 

      201 KAR 42:035. Application process, exam, and curriculum requirements.

 

      RELATES TO: KRS 309.358, 309.359, 309.362, 309.363

      STATUTORY AUTHORITY: KRS 309.355(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.355(3) requires the board to promulgate administrative regulations to implement KRS 309.350 to 309.364. The board is required to issue a license to an applicant meeting the standards established in KRS 309.358 or 309.359. This administrative regulation establishes the application process and curriculum requirements for licensure.

 

      Section 1. An applicant for licensure as a massage therapist shall:

      (1) File a completed, signed, and dated Application for Licensure as a Massage Therapist, and the required documentation with the board, meeting the requirements set forth in KRS 309.358; and

      (2) Pay the application fee as established in 201 KAR 42:020.

 

      Section 2. (1) To comply with KRS 309.358(4), an applicant shall submit to the board, at the time of application, an official transcript or certificate that shows the completion of at least 600 classroom hours, itemizing compliance with the clock hour requirements established in KRS 309.363(1) earned at a board approved massage therapy program.

      (2) Board approved massage therapy programs include only those programs holding a certificate of good standing issued pursuant to KRS 309.363.

      (3) A massage therapy school which has registered and obtained a school code assignment with NCBTMB shall maintain good standing with NCBTMB during the entire period during which the applicant attended the school. Suspension or revocation of the NCBTMB school code at any time during that period shall constitute grounds for denial of an application for licensure by graduates of that school and shall constitute grounds for revocation of a Certificate of Good Standing held by the massage therapy school. A school’s non-renewal of an NCBTMB code while in good standing shall not preclude an applicant from obtaining licensure.

 

      Section 3. Examinations. (1) An applicant shall successfully pass an examination:

      (a) Listed in KRS 309.358(5); or

      (b) Approved by the board pursuant to KRS 309.358(5) and listed in subsection (4) of this section.

      (2) An examination shall be approved by the board as meeting the standard established in KRS 309.358(5) if the board determines that the examination:

      (a) Has been scientifically constructed to be valid and objective;

      (b) Reflects the curriculum content established in KRS 309.363(1);

      (c) Has security procedures to protect the exam content; and

      (d) Has clear application, reporting, and appeal procedures.

      (3) Approval of exams shall be noted in the board minutes and on the board Web site.

      (4) The following examinations have been approved by the board pursuant to KRS 309.358(5):

      (a) The Massage and Bodywork Licensing Examination (MBLEx) or other exam administered by the Federation of State Massage Therapy Boards;

      (b) The State of Ohio Massage Therapy Licensing Exam;

      (c) The State of New York Massage Therapy Licensing Exam; or

      (d) The National Certification Agency (NBCA) Massage Therapy Certification Exam, level one.

 

      Section 4. An applicant with a criminal history, excluding minor traffic violations, shall be interviewed by the board’s Application Committee prior to licensure.

 

      Section 5. Appeals. (1) Upon initial review, the board shall make a preliminary determination with respect to an application. Preliminary determinations are non-final determinations until a final decision is rendered subsequent to an administrative hearing conducted pursuant to KRS Chapter 13B, settlement of the matter by informal proceedings is accomplished, or the time for appeal under Section 2(2) of this administrative regulation has expired.

      (2) An applicant may appeal a preliminary determination[decision] denying his or her licensure application by requesting a hearing in accordance with KRS 309.362(4). In order to request a hearing, the applicant shall file a notice of appeal such that it is received by the board within thirty (30) days of the date of the letter informing the applicant of the preliminary determination of denial.

 

      Section 6[5]. Incorporation by Reference. (1) The "Application for Licensure as a Massage Therapist", February 2014[April 2013], is incorporated by reference.

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

 

THOMAS HANSEN, Board Chair

      APPROVED BY AGENCY: January 27, 2014

      FILED WITH LRC: February 13, 2014 at 3 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 21, 2014 at 9:00 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 March 31, 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: Carolyn Benedict, Board Administrator, Board of Licensure for Massage Therapy, P.O. 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 processes for applying for licensure.

      (b) The necessity of this administrative regulation: This regulation is necessary to implement the provisions of KRS 309.358 and KRS 309.355(3).

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation is in conformity as the authorizing statute gives the board the ability to promulgate regulations generally.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation will assist the board in administering this program by identifying requirements for licensure.

      (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 specifies appropriate approved massage therapy educational programs and requirements.

      (b) The necessity of the amendment to this administrative regulation: The amendment is necessary to ensure that only students from approved programs become licensed.

      (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 regarding licensure requirements.

      (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 educational requirements more readily ascertainable.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Approximately 2,500 individuals are licensed by 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: None.

      (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): None; the process will be easier for new licensees.

      (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 Massage Therapy

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation: KRS 309.355(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.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: