201 KAR 42:040. Renewal.


      RELATES TO: KRS 309.357(3), (4), (5), (6), 309.361, 309.362


      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(3) requires all licenses to be renewed. This administrative regulation establishes the requirements for renewal of licenses.


      Section 1. A license to practice massage therapy shall be renewed upon:

      (1) Payment of the biennial renewal fee as established in 201 KAR 42:020, Section 2(2), on or before the anniversary date of issue of license; and

      (2) Submission to the board of the Application for Renewal form and the following written information:

      (a) Current complete home address and telephone number;

      (b) Current complete name, address, and telephone number of each location in which massage therapy service is provided;

      (c) A list indicating completion of the continuing education units taken during the licensure renewal period as required by 201 KAR 42:110. The list shall:

      1. Itemize the number of clock hours credited for each course; and

      2. Designate the courses that fulfill the three (3) required hours of ethics training; and

      (d) Confirmation that, since the license was issued or renewed, the licensee has not:

      1. Been convicted of a felony;

      2. Had his or her license disciplined and is not currently under disciplinary review in another state; or

      3. Defaulted on the repayment obligation of financial aid programs administered by the Kentucky Higher Education Assistance Authority (KHEAA) per KRS 164.772.


      Section 2. A licensee convicted of a felony or disciplined in the interim period between issuance and renewal of the license, or between renewal periods, shall submit notice of the conviction or discipline to the board within sixty (60) days of the discipline or conviction.


      Section 3. If payment and complete information are not received by the board on or before the anniversary date of the issuance of the license, the license shall expire and the person shall not practice nor represent themselves as a massage therapist in Kentucky.


      Section 4. An expired license shall be renewed within ninety (90) days of expiration if the applicant submits:

      (1) A completed Application for Renewal form;

      (2) Documentation of successful completion of twenty-four (24) hours of continuing professional education, which:

      (a) Includes studies in ethics, business practices, science, and techniques related to massage therapy;

      (b) Have been credited within two (2) years prior to the renewal deadline; and

      (c) Have not been previously used within the same renewal period to satisfy Kentucky license renewal requirements; and

      (3) The appropriate fee for renewal, as required by 201 KAR 42:020, Section 2(2), (5), or (6).


      Section 5. (1) Upon initial licensing, a licensee shall be furnished a wall certificate which shall be displayed at the primary massage therapy service location.

      (2) A licensee shall provide verification of current licensure upon request if he or she is currently engaged in the practice of massage therapy, intends to engage within a reasonable time in the practice of massage therapy, or has engaged in the practice of massage therapy immediately prior to the request.

      (3) Official verification of licensure status shall be available on the board's Web site.


      Section 6. Reactivation Requirement for Inactive Status Massage Therapist. (1)(a) Before the expiration of five (5) years of inactive status, a licensee requesting to return to active status shall:

      1. Provide proof to the board of continuing education required by KRS 309.362(3). At least three (3) of the continuing education hours submitted shall be focused on the area of ethics;

      2. Complete the Application for Renewal; and

      3. Pay the fee prescribed by 201 KAR 42:020, Section 2(7).

      (b) The continuing education hours provided pursuant to paragraph (a)1 of this subsection may be used for the next regular renewal period.

      (2) After more than five (5) years of inactive status, a person requesting to return to active status shall reapply as required by KRS 309.362(3).


      Section 7. Incorporation by Reference. (1) "Application for Renewal", February 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 40602, (502) 564-3296, Monday through Friday, 8 a.m. to 4:30 p.m. (32 Ky.R. 1017; Am. 1226; eff. 2-3-2006; 33 Ky.R. 1885; 2935; eff. 4-6-2007; 37 Ky.R. 1699; 1991; eff. 3-4-2011; 38 Ky.R. 1657; 1856; eff. 6-1-2012; 39 Ky.R. 1938; eff. 5-31-2013.)