GENERAL GOVERNMENT CABINET

Board of Prosthetics, Orthotics and Pedorthics

(Amendment)

 

      201 KAR 44:110 Licensure by endorsement.

 

      RELATES TO: KRS 319B.130

      STATUTORY AUTHORITY: KRS 319B.030, 319B.130

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 319B.130 authorizes the board to issue a license to a prosthetist, orthotist, pedorthist, or orthotic fitter possessing a license issued by another state. This administrative regulation establishes the requirements for issuance of a license by endorsement.

 

      Section 1. The board shall issue a license by endorsement, without examination, to a prosthetist, orthotist, pedorthist, or orthotic fitter currently licensed by examination by the corresponding authority of another state upon:

      (1) The board determining the other state’s qualifications and standards are equal to or higher than those established in KRS 319B[Verification that the applicant meets all current requirements for licensure as established by KRS 319B.030(1) and 201 KAR 44:090];

      (2) Payment of the fee for licensure as established by 201 KAR 44:010; and

      (3) Verification of the applicant’s license issued by another state that certifies that the license is:

      (a) Active;

      (b) In good standing; and

      (c) Free of pending complaints.

 

      Section 2. Incorporation[Incorporated] by Reference. (1) "Application for Licensure by Endorsement, BPOP2," 07/2012, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Prosthetics, Orthotics, and Pedorthics, 911 Leawood Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 5 p.m.

 

SIENNA NEWMAN, Chairperson

      APPROVED BY AGENCY: June 20, 2014

      FILED WITH LRC: July 11, 2014 at 2 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 21, 2014 at 1:00 p.m., local time, at the Kentucky Board of Licensure for Orthotists, Prosthetists, Orthotists/Prosthetists, Pedorthists, or Orthotic Fitters, 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 by that 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 the close of business on September 2, 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: Angela Evans, Board Counsel, Office of the Attorney General, 700 Capital Avenue, Suite 118, Frankfort, Kentucky 40601, phone (502) 696-5300, fax (502) 564-6801.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Angela Evans

      (1) Provide a brief summary of: Establishes procedures for granting licenses if a person holds a license from another state.

      (a) What this administrative regulation does: Sets the procedures for obtaining a license if a person holds an active license from another state.

      (b) The necessity of this administrative regulation: To establish how a person can obtain a licenses if they already hold an active license from another state.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 319B.130authorizes the board to establish conditions for endorsement licenses.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation informs the potential licensee from another state how to obtain a Kentucky Licenses if they are active and in good standing from their current state of practice.

      (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 directs the board to determine that other state’s qualifications for licensure are similar to Kentucky’s standards instead of measuring the applicant against the Kentucky’s standards directly.

      (b) The necessity of the amendment to this administrative regulation: The amendment shifts the board’s focus to other state’s standards instead of reviewing an application under Kentucky’s actual standards.

      (c) How the amendment conforms to the content of the authorizing statutes: This amendment conforms to the authorizing statute by clarifying the board’s focus is determining whether the applicant’s home state statutes are equal or higher to Kentucky and not to review the applicant as an initial Kentucky applicant.

      (d) How the amendment will assist in the effective administration of the statutes: The amendment will keep the board’s review focused on whether the other state’s standards are equal or higher and allow staff to maintain a record of states approved for reciprocity or endorsement.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The number of individuals affected by this amendment is unknown as the number of endorsement applicants cannot be predicted.

      (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 establishes conditions for a person to obtain a license if they are active and in good standing from another state.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The cost for a licenses if the same for an endorsement license as it is a new applicant. This regulation will only reduce the amount of required documentation.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): It will allow a potential licenses who are currently practicing in good standing in another state the opportunity to receive a license from Kentucky.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: There will be minimal cost to the board, as it will be the same cost as an initial applicant.

      (b) On a continuing basis: There will be minimal cost to the board, as it will be the same cost as an initial applicant.

      (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 increase fees nor is any funding necessary to implement.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This regulation does not establish the fee it only sets forth the procedures for obtaining an endorsement license.

      (9) TIERING: Is tiering applied? No, the regulation requires the same documentation to be provided by all applicants.

 

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 Prosthetics, Orthotics and Pedorthics.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 319B.130

      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) 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? 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 (+/-): N/A

      Expenditures (+/-): N/A

      Other Explanation: N/A