GENERAL GOVERNMENT CABINET

Kentucky Board of Licensure for Massage Therapy

(Amendment)

 

††††† 201 KAR 42:080. Programs of massage therapy instruction.

 

††††† RELATES TO: KRS 309.352(2), 309.355(3), 309.358(4), 309.363(1), 309.3631

††††† STATUTORY AUTHORITY: KRS 309.355(3)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.352(2) requires the board to define licensed health-care professionals for the supervision of massage therapy students in clinical settings. KRS 309.355(3) requires the board to promulgate administrative regulations on standards of massage therapy educational program curriculum and instructor qualifications. KRS 309.358(4) requires the board to approve massage therapy training programs. KRS 309.363 requires board approval of massage therapy programs of instruction and establishes instructor qualifications. This administrative regulation establishes the definitions of supervision and qualifying supervisors and establishes the process for issuing and renewing the Certificate of Good Standing to a program of massage therapy education.

 

††††† Section 1. Definitions. (1) "Adjunctive course" means a course in a program of education that enhances the career of a massage therapist but is not massage theory, technique, or practice.

††††† (2) "Clinic" or "clinical" means a setting in which students are provided with on-site supervision and training in the practice of massage therapy.

††††† (3) "Clinical coordinator" means the instructor of a massage therapy course in which students are assigned to perform massage therapy sessions on non-students, on or off-campus, and who is responsible for assigning the student to an appropriate clinical setting, supervision of student performance through regular consultation with the student, and evaluating student achievement of clinical course objectives.

††††† (4) "Externship" means a course offered by an approved program that:

††††† (a) Has a syllabus that describes objectives and evaluations; and

††††† (b) Is over and above the 600 supervised curriculum hours required for licensure.

††††† (5) "Other licensed healthcare professional" means a practitioner as established in KRS 309.352(9)(a) through (c), (e), and (f) who may supervise a massage therapy student in a business.

††††† (6) "Supervision" means the process of verifying attendance, assigning work, consulting with the student, evaluating student performance, and being available for emergency assistance.

 

††††† Section 2. (1) A program applying for a Certificate of Good Standing for a Massage Therapy Training Program shall file a completed, signed, and dated application and required documentation with the board, meeting the requirements set forth in KRS 309.363(1), (a), (b), and (c). Documentation shall include:

††††† (a)[(1)] A copy of the current license to operate issued by the Kentucky State Board for Proprietary Education, the Council on Postsecondary Education, or their equivalent in the state in which the school is conducting classes;

††††† (b)[(2)] A curriculum statement as described in KRS 309.363(1)(b)1, 2, 3, 4, and 5 showing clock hours for each of the required subjects;

††††† (c)[(3)] A listing of instructional staff and their qualifications, including:

††††† 1.[(a)] Documentation of current licensure of massage instructors; and

††††† 2.[(b)] Resume, CV or PE-11 form for all instructors showing the specific qualifications for teaching an adjunctive or science course;

††††† (d)[(4)] A description of the policies and procedures in place for collecting and analyzing data about the quality and effectiveness of educational programs including student progress, completion, and licensure;

††††† (e)[(5)] A copy of the program or school catalogue;

††††† (f)[(6)] Documentation of accreditations held by the program or school offering the program; and

††††† (g)[(7)] A copy of a student contract agreeing not to accept compensation for massage therapy services provided prior to licensure by the board.

††††† (2) After a preliminary determination is made by the board after an initial review, an applicant that has been preliminarily denied shall be entitled to a hearing on the application if the applicant notifies the board within thirty (30) days that it elects to take advantage of that opportunity for hearing.

 

††††† Section 3. (1) A Certificate of Good Standing may be renewed upon:

††††† (a)[(1)] Submission of the Application for Renewal of a Certificate of Good Standing for a Massage Therapy Training Program form with the information required by this administrative regulation to the board on or before the anniversary date of issue of certificate;

††††† (b)[(2)] Current complete name, address, email address, Web site, and telephone number of each location in which the massage therapy training program is provided;

††††† (c)[(3)] Current listing of instructional staff and their qualifications, with attached documentation of qualifications of new instructors;

††††† (d)[(4)] A current curriculum statement as described in KRS 309.363(1)(b)1, 2, 3, 4, and 5;

††††† (e)[(5)] A curriculum statement for new programs of massage therapy added to the schoolís original offering, such as an associateís[Associates] degree program, if the new program may be used to meet initial qualifications for licensure;

††††† (f)[(6)] A statement with supporting statistics to show student completion, examination pass rates, licensure rates, and placement rates;

††††† (g)[(7)] Documentation of accreditation reviews and renewals, if held; and

††††† (h)[(8)] A statement with supporting documentation showing proof that at least seventy (70) percent of the graduates of the program who have taken the MBLEx and NCBTMB Exam over the twelve (12) months prior to application have received a passing score. Failure to supply proof of meeting this standard shall be grounds for denial of a programís request for certification of good standing.

††††† (2) After a preliminary determination is made by the board after an initial review, an applicant seeking renewal that has been preliminarily denied shall be entitled to a hearing on the application if the applicant notifies the board within thirty (30) days that it elects to take advantage of that opportunity for hearing.

 

††††† Section 4. Externships and Clinicals. (1) A student completing an externship or clinical experience shall not receive compensation.

††††† (2) Massage schools or businesses that provide any type of student massage shall conspicuously include the respective words "student massage" in all promotional materials, and shall conspicuously display a written notice in the waiting room or treatment area that services are being provided by a student.

††††† (3) Clinical courses awarding credit hours toward the 600 hours required for licensure shall be supervised by a licensed massage therapist with three (3) years of experience and available for on-site consultation.

††††† (a) Massage sessions offered as part of a student clinic shall be evaluated by the instructor, and appropriate goals for improvement in areas such as customer service, technique, body mechanics, and draping shall be set according to the needs of the student.

††††† (b) Student massage clinics shall be supervised by a massage therapy instructor in the clinic.

††††† (c) Student clinic client records shall be maintained at the school and shall meet the Standards for Documentation established In 201 KAR 42:060, Sections 3 and 2(4), and record of payment shall be made available to the client upon request.

††††† (4) The instructor of the externship course shall provide:

††††† (a) Clear, written learning objectives to students and their site supervisors;

††††† (b) Planned opportunities to discuss the externship experience at regular intervals with the student, and with the site supervisor; and

††††† (c) A mechanism for evaluating student performance in the externship experience, presented to the student and the site supervisor at the beginning of the course.

††††† (5) A program offering an externship course shall have a written agreement signed by the institution or program director and the externship site personnel that clearly defines the responsibilities of the onsite supervisor, the clinical coordinator, and the student. An externship course shall be limited to no more than twenty (20) percent of the total program hours. The externship course, if offered, shall be completed after the primary 600 supervised curriculum hours required by KRS 309.363(1)(b).

††††† (6) A program offering an externship course shall have liability insurance to cover student activities within the course.

††††† (7) Externship sites shall have a licensed massage therapist or other licensed healthcare professional onsite to be available for emergencies or consultation.

††††† (a) Externs may accrue hours for reception, documentation, or business-related activities other than hands-on massage services while the site supervisor is off-premises.

††††† (b) A student session at an externship site may occur with the site supervisor available by phone if the client of the session is on staff of the externship site or another extern, and a member of the professional staff is on premises for emergency assistance.

††††† (8) Externship client records shall be maintained at the externship site and shall meet the Standards for Documentation established in 201 KAR 42:060, Sections 3 and 2(4), and record of payment shall be available to the client upon request.

 

††††† Section 5. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "Application for a Certificate of Good Standing for a Massage Therapy Training Program", February 2014[April 2013];[and]

††††† (b) "Application for a Certificate of Good Standing of a Massage Therapy Training Program Renewal Short Form", February 2014; and

††††† (c) "Application for a Certificate of Good Standing of a Massage Therapy Training Program Renewal Long Form", February 2014[2013].

††††† (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, (502) 564-3296, Monday through Friday, 8 a.m. to 4:30 p.m.

 

DENISE LOGSDON, Board Chair

††††† APPROVED BY AGENCY: January 30, 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 p.m. 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. 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 approval of a massage therapy program.

††††† (b) The necessity of this administrative regulation: This regulation is necessary to implement the provisions of KRS 309.363. KRS 309.3631 requires its renewal.

††††† (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 massage therapy program approval.

††††† (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 reflects updated forms. The amendment also clarifies appellate procedure.

††††† (b) The necessity of the amendment to this administrative regulation: The amendment is necessary to ensure that important information is captured from applicants during the application process and the due process requirements are met for applicants.

††††† (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 continuing education requirements.

††††† (d) How the amendment will assist in the effective administration of the statutes: The amendment will provide the operators of program with greater knowledge about what the requirements and processes are for approval.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Approximately twenty (20) - twenty-five (25) programs are approved 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: They will have a different renewal form to fill out if the program they operate undergoes changes.

††††† (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): All programs will be held strictly accountable to the standards of the law. This will benefit all programs and 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 boardís 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: