GENERAL GOVERNMENT CABINET

Office of Occupations and Professions

Board of Licensure for Massage Therapy

(Amendment)

 

      201 KAR 42:110. Continuing education requirements.

 

      RELATES TO: KRS 309.355, 309.361

      STATUTORY AUTHORITY: KRS 309.355(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.355(3) requires the board to promulgate an administrative regulation establishing a requirement for continuing education as a condition for renewal of a license. KRS 309.361 identifies the requirements for continuing education and prescribes the types of courses required during the renewal period. This administrative regulation establishes the procedures and standards for submitting documentation to meet the continuing education requirements for renewal of a license.

 

      Section 1. Definitions. (1) "ABMP" means the Associated Bodywork and Massage Professionals.

      (2) "AMTA" means the American Massage Therapy Association.

      (3) "AOBTA" means the American Organization for Bodywork Therapies of Asia.

      (4) "Board" is defined by KRS 309.350(1).

      (5) "CE hour" means continuing education hours consisting of fifty (50) minutes of an organized learning activity that is either didactic or clinical experience and shall exclude meals, breaks, and registration.

      (6) "Competency" means the study, development, and demonstration of knowledge and skills in meeting professional expectations as a massage therapist.

      (7) "Continuing education" means participation in an approved program or learning experience that is designed to facilitate continued competency including ethical and legal practice in the therapeutic massage and bodywork profession through participation in a learning process that enhances the licensee’s current knowledge, skills, and abilities in the profession.

      (8) "FSMTB" means the Federation of State Massage Therapy Boards.

      (9) "NCBTMB" means the National Certification Board for Therapeutic Massage and Bodywork.

      (10)[(9)] "NCCAOM" means the National Certification Commission for Acupuncture and Oriental Medicine.

      (11)[(10)] "Provider" means an organization, entity, or individual that has met the requirements of the board to provide educational courses that are designed to ensure continued competence in the practice of massage therapy.

      (12)[(11)] "Self-paced learning" means a course designated for an individual to learn at his or her own pace and is often referred to as correspondence or home study with testing or an evaluation process.

 

      Section 2. Accrual of CE Hours; Computation of Accrual. (1) A licensee shall accrue a minimum of twenty-four (24) continuing education hours during a two (2) year licensure period for renewal of a license, beginning on the date of license issue.

      (2) A minimum of three (3) of the twenty-four (24) hours required by subsection (1) of this section shall be accrued in the field of professional ethics.

      (3) All hours shall be in or related to the practice of massage therapy.

      (4) Coursework related to therapeutic techniques conducted on animals shall not be approved for continuing education credit.

 

      Section 3. Acquisition of CE Hours. (1) CE hours applicable to the renewal of a license shall be directly related to the professional growth and development of massage therapy practitioners. CE hours may be earned by completing any of the educational activities described in this subsection.

      (a) Courses Not Requiring Board Review and Approval. Courses from the following sources shall be relevant to the practice of massage therapy and shall be approved if the course is in or relates to massage therapy and does not violate any of the prohibitions contained in this administrative regulation:

      1. Courses and Learning Opportunities approved by the NCBTMB;

      2. Courses offered by the AMTA and its state affiliates;

      3. Courses approved by the NCCAOM;

      4. Courses offered by the AOBTA and its state affiliates;

      5. Courses offered by the ABMP;

      6. Kentucky board approved massage therapy programs of instruction or massage therapy programs duly licensed to operate in other states; [or]

      7. Relevant academic courses completed in a degree-granting college or university accredited by an agency that is approved by the Council on Higher Education Accreditation (CHEA); or

      8. Courses offered by the FSMTB.

      (b) Programs Requiring Board Review and Approval. All other programs, including self-paced learning courses and in-service training provided by organizations, educational institutions, or other service providers not listed in paragraph (a) of this subsection, and programs or academic courses presented by the licensee shall require approval by the board.

      (2) Presenters of relevant programs or academic courses may earn double continuing education credit for the length of presentation time, not to exceed twelve (12) hours per renewal cycle.

      (3) Credit shall not be issued for repeated instruction of the same course.

      (4) A licensee shall not receive credit for completing the same CE course within the two (2) year renewal period.

 

      Section 4. Documentation of CE Hours. (1) A licensee shall furnish the following information regarding completion of the appropriate number of CE hours for the current renewal period:

      (a) Name of course, date, and the author or instructor;

      (b) Name of providing organization and the location of the course;

      (c) The number of hours attended;

      (d) Provider number;

      (e) Provider name and telephone number for board verification;

      (f) Official transcripts with a raised seal showing academic credits and grades awarded if courses are received from a university, college, or vocational technical adult education facility; and

      (g) Documentation of completion, if requested by the board.

      (2) A licensee who supplies false information to the board in order to comply with the CE requirements of this administrative regulation shall be subject to disciplinary action that may include suspension or revocation of license.

 

      Section 5. Procedures for Preapproval of Continuing Education Courses. (1) An entity seeking to obtain approval of a continuing education course prior to its offering shall complete a Continuing Education Program Application and submit it to the board at least sixty (60) days in advance of the commencement of the course, stating the:

      (a) Type of learning activity;

      (b) Subject matter;

      (c) Names and qualifications of the instructors;

      (d) Number of continuing education hours offered; and

      (e) Statement of how the CE course relates to massage therapy.

      (2) A CE activity shall be preapproved if the activity being presented:

      (a) Is an organized course of learning;

      (b) Pertains to subject matters that integrally relate to the practice of massage therapy;

      (c) Contributes to the professional competency of the licensee; and

      (d) Is conducted by an individual with approved educational training or experience.

      (3) The board shall review preapproval requests meeting the board’s deadline at the board meeting immediately following the submittal and receipt of all required materials. An entity shall submit a preapproval request, and all required materials shall be received by the board at least one (1) business day before the board meeting. The board may defer a preapproval request to the next board meeting if the request did not meet the deadline established in this subsection.

 

      Section 6. Responsibilities and Reporting Requirements of Licensees. A licensee shall:

      (1) Identify the licensee’s own continuing education needs, take the initiative in seeking continuing professional education activities to meet these needs, and seek ways to integrate new knowledge, skills, and attitudes;

      (2) Select approved activities by which to earn CE hours;

      (3) Maintain records of CE hours, for a period of two (2) years from the date of renewal; and

      (4) Document attendance and participation in a CE activity by providing official transcripts, copies of certificates, or verification of completion, if requested.

 

      Section 7. Carry-over of CE Hours. (1) A maximum of twelve (12) CE hours may be carried over into the next renewal period.

      (2) A licensee shall maintain records related to carry-over continuing education hours and submit those continuing education hours to the board if the licensee elects to utilize those hours for the fulfillment of the continuing education requirement for the current renewal period.

      (3) A continuing education course shall only be used for the fulfillment of the continuing education requirement for a single renewal period and shall not be subdivided for utilization in multiple renewal periods.

 

      Section 8. Appeal Procedure If Approval for CE Hours is Denied. If an application for approval of CE hours is disapproved, the licensee may request reconsideration by the board. The request shall be in writing and shall be received by the board within thirty (30) days after the date of the board’s decision denying approval of the CE hours.

 

      Section 9. Audit of CE Activities. The board may audit the documentation of a licensee’s CE hours for the current renewal period. If notified by the board, the licensee shall respond to the audit within thirty (30) days of the date of the request.

 

      Section 10. Waiver or Extension of Continuing Education. (1) The board shall, in individual cases involving medical disability, illness, undue hardship, active military service, or other similar extenuating circumstance that precludes the individual’s completion of the requirements, waive CE requirements or grant an extension of time within which to fulfill the requirements if the board receives:

      (a) A written request for waiver or extension of time; and

      (b)1. Verifying documentation signed by a licensed physician or proper military personnel, if applicable; or

      2. Documentation to support the waiver.

      (2) A waiver of the minimum CE requirements or an extension of time within which to fulfill the CE requirements may be granted by the board for a period not to exceed one (1) calendar year. If the circumstance extends beyond the period of the waiver or extension, the licensee shall reapply for the waiver or extension.

 

      Section 11. Incorporation by Reference. (1) "Continuing Education Program Application", August 2014, 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, 8:00 a.m. to 4:30 p.m.

 

DENISE LOGSDON, Chairman

      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: Marcus Jones

      (1) Provide a brief summary of: Establishes the requirements for continuing education and procedures for approving continuing education programs for licensed massage therapists.

      (a) What this administrative regulation does: This administrative regulation establishes the procedures for receiving and reporting continuing education hours. This administrative regulation lists approved education programs and methods of obtaining board approval for a continuing education program.

      (b) The necessity of this administrative regulation: The regulation is necessary to establish uniform procedures for receiving and reporting continuing education for licensees and program providers.

      (c) How does this administrative regulation conform to the content of the authorizing statutes? KRS 309.355(3) requires the board to promulgate regulations that establish continuing education requirements for license renewals and certify programs for massage therapy continuing education providers.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation informs licensees and program providers of the requirements for continuing education for renewal of massage therapy licenses.

      (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 nationally recognized certifying agency to the list of preapproved continuing education providers.

      (b) The necessity of the amendment to this administrative regulation: The amendment is necessary because the nationally recognized certifying agency added to the list of preapproved continuing education providers offers significant education courses in massage therapy.

      (c) How the amendment conforms to the content of the authorizing statutes: KRS 309.355 requires the board to enforce the provisions of KRS Chapter 309. KRS 309.355(3) allows the board to establish continuing education requirements and approve program providers.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment will notify licensees that continuing education programs offered by a nationally recognized massage therapy provider are preapproved for Kentucky licensee participation.

      (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 licensees to comply with the continuing education requirements of Kentucky law and use certified providers to meet those requirements.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There are no additional costs to licensees to comply with this regulation that are anticipated.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Licensees will be preapproved to participate in continuing education courses offered by a nationally recognized certifying organization.

      (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 solely 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: This administrative regulation does not require an increase in fees to implement the regulation.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This regulation does not increase or establish a fee.

      (9) TIERING: Is tiering applied? No. Tiering is not necessary because the terms and conditions of this regulation will be applied to all licensees and individuals.

 

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 309.354 and 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(3); KRS 309.361.

       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.

      (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 and renewals 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 and renewals 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