GENERAL GOVERNMENT CABINET

Kentucky Board of Licensure for Massage Therapy

(Amendment)

 

      201 KAR 42:040. Renewal.

 

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

      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. KRS 309.357(3) requires all licenses to be renewed. This administrative regulation establishes the requirements for renewal of licenses.

 

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

      (a)[(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

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

      1.[(a)] Current complete home address and telephone number;

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

      3.[(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:

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

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

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

      a.[1.] Been convicted of a felony;

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

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

      (2) A licensee who has been convicted of a crime or who has been disciplined by the board of another jurisdiction during the licensure period immediately preceding the submission of the Application for Renewal shall participate in an in-person interview with the board’s Application Committee prior to renewal of the license.

      (3) If, upon a preliminary review, the board determines that an Application for Renewal shall be denied, notice of the preliminary decision shall be sent to the licensee and the licensee shall have thirty (30) days from the date of the letter to request a hearing with the board. If a request for hearing by the licensee is not received by the board within thirty (30) days of the letter, the licensee shall be deemed to have voluntarily withdrawn his or her Application for Renewal.

 

      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 2014[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.

 

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 requirements and processes for applying for renewal of 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 renewal of 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 that a licensee with a new criminal issue shall be interviewed by the Board’s application committee prior to renewal.

      (b) The necessity of the amendment to this administrative regulation: The amendment is necessary to ensure that the Board understands the context of any crimes of which the licensee has been convicted.

      (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 renewal processes.

      (d) How the amendment will assist in the effective administration of the statutes: The amendment will provide the board with greater background information about licensees renewing their licenses.

      (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: If a licensee is convicted of a crime, he or she will need to be interviewed prior to renewing his or her license.

      (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 is being put in place to better protect the public.

      (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: