GENERAL GOVERNMENTAL CABINET
Office of Occupations and Professions
Kentucky Board of Licensure for Massage Therapy
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(1), (3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.355(1) requires the board to administer and enforce the provisions of KRS 309.350 to 309.364 and to evaluate the qualifications of applicants for licensure. KRS 309.355(3) requires the board to promulgate administrative regulations to implement KRS 309.350 to 309.364, including educational program curriculum. The board may 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 established in KRS
(2) Pay the application fee as established in 201 KAR 42:020; and
(3) Affix a two (2) inch by two (2) inch or larger passport quality color photograph of the applicant to the application form. The photograph submitted with the application shall be taken within the previous six (6) months to reflect the current appearance of the applicant.
Section 2. (1) To comply with KRS 309.358(4), an applicant shall submit to the board, upon application, an official transcript or certificate that:
(a) Shows the completion of at least 600 classroom hours earned at a board approved massage therapy program; and
(b) Itemizes compliance with the clock hour requirements established in KRS 309.363(1).
(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 the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB) shall maintain good standing with the NCBTMB during the entire period the applicant attended the school. Suspension or revocation of the NCBTMB school code at any time during that period shall constitute grounds for:
(a) Denial of an application for licensure by graduates of that school; and
(b) Revocation of a Certificate of Good Standing held by the massage therapy school.
(4) 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 finds 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 Board Certification Agency (NBCA) Massage Therapy Certification Exam, Level One.
Section 4. (1) An applicant with a criminal history, excluding minor traffic violations, shall be interviewed by the board’s Application Committee prior to licensure to find if the applicant complies with the requirement for good moral character established in KRS 309.358(3) and 335B.040, and the interview shall be conducted pursuant to the board’s authority under KRS 309.362(1)(b).
(2) All applicants shall submit a recent background check performed by the Federal Bureau of Investigation. The required background check shall be applied for within the ninety (90) days preceding the date of submission of the application for licensure to the board.
Section 5. Appeals. (1) Upon initial review, the board shall make a preliminary determination with respect to an application. Preliminary determinations shall be non-final determinations until:
(a) A final decision is rendered subsequent to an administrative hearing conducted pursuant to KRS Chapter 13B;
(b) Settlement of the matter by informal proceedings is accomplished; or
(c) The time for appeal under subsection
(2) of this section[
2(5) of this administrative regulation] has
(2) An applicant may appeal a preliminary determination 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 by certified mail and in writing that 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. Incorporation by Reference. (1)
The "Application for Licensure as a Massage Therapist", September
August 2014], 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, 8:00 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 requirements to obtain a license to practice as a Massage Therapist.
(a) What this administrative regulation does: This administrative regulation establishes the procedures and certification exam curriculum for persons who wish to practice in the Commonwealth as a Licensed Massage Therapist. The regulation sets the appeal procedure for license denials.
(b) The necessity of this administrative regulation: This administrative regulation is necessary to set the process and minimum certification examinations and education requirements for massage therapist licensure.
(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 a procedure for the licensure of persons who wish to practice in the Commonwealth as a Licensed Massage Therapist. This administrative regulation establishes the minimum qualifications and procedure for appeal of license decisions.
(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 examinations required, minimum school hours, and appeal process for license denial.
(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 add a requirement that applicants provide a color photograph with their license applications and submit to a criminal background check through law enforcement. The amendment will inform applicants that appeal requests must be dated and submitted in writing.
(b) The necessity of the amendment to this administrative regulation: The amendment will add a requirement that applicants prove their identity with a color photograph and criminal background check to protect the Commonwealth against fraud. The amendment will set a uniform appeal procedure so that appeals can be heard timely.
(c) How the amendment conforms to the content of the authorizing statutes: KRS 309.355 requires the board to evaluate the qualifications for applicants for licensure and establish procedures for the issuance of licenses. KRS 309.362 allows the board to deny licensure to applicants that may endanger the health, safety, or welfare of the public and hold administrative hearings on the denials pursuant to KRS Chapter 13B.
(d) How the amendment will assist in the effective administration of the statutes: This amendment will require applicants to submit a color photograph with their application to verify their identity. This administrative regulation will require applicants to submit to a criminal background check to verify their arrest records. The amendment will require timely appeals.
(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 licensure within the next fiscal year, this regulation will also continue as new applicants seek 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 submit a color photograph with an application. This administrative regulation will require an applicant to submit a timely request for appeal.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The board anticipates that an applicant may pay up to $150 for a criminal background check and to obtain a color photograph for an application.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Applicants for licensure will have a color photograph in their board file to protect against identity theft or fraud. The public will have a means to verify that a massage therapist is in fact licensed with the board. Applicants will be informed of the requirement for timely appeals of license denials and have hearings held close in time to the date of the denial.
(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 the fees. This regulation only sets the procedure for obtaining a massage therapy license.
(9) Tiering: Is tiering applied? No. Tiering is not applied because the criteria established in this regulation apply equally to all applicants and applications for licensure equally.
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 309.362, and KRS 309.363.
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 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: