GENERAL GOVERNMENT CABINET

Board of Prosthetics, Orthotics, and Pedorthics

(Amendment)

 

      201 KAR 44:120. Post residency registration.

 

      RELATES TO: KRS 319B.030(1)(c)

      STATUTORY AUTHORITY: KRS 319B.030(1)(c)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 319B.030(1)(c) authorizes the board to establish circumstances and conditions for individuals who have completed the required training and established circumstances by which an individual may continue to practice as a prosthetist or orthotist. This administrative regulation establishes the requirements for registration for post residency practice.

 

      Section 1. Eligibility. (1) An orthotic or prosthetic resident, who has successfully completed an NCOPE residency in the appropriate field and prior to completing the American Board for Certification (ABC) or Board of Certification/Accreditation (BOC) examinations [examination], may work in the discipline in which he or she is exam eligible upon application to and approval by the board.

      (2) An applicant shall submit to the board:

      (a) A completed Post Residency Registration form;

      (b) Documentation of residency completion;

      (c) Documentation of application for examination; and

      (d) A letter from a supervisory licensed practitioner that monitoring of the applicant will continue.

      (3) The exemption shall expire fifteen (15) months from the date of completion of the NCOPE residency.

 

      Section 2. Incorporation by Reference. (1) "Post Residency Registration", Form BPOP3, 07/2014[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 PM 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 and conditions for a person to continue practice without a license following their residency completion.

      (a) What this administrative regulation does: Sets the procedures and conditions for a person to continue practice without a license following their residency completion.

      (b) The necessity of this administrative regulation: To establish how a person can continue to work as an Orthotist or Prosthetist following their residency completion until the completion of the board exams.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 319B.030 (1)(c) authorizes the board to establish conditions for practice following a residency program prior to completion of the board exams.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation sets forth the requirements to continue to practice and under what conditions of supervision.

      (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 includes the examinations from the accrediting body of Board of Certification/Accreditation International (BOC).

      (b) The necessity of the amendment to this administrative regulation: After seeking the advice of an expert, the Board concluded BOC examinations should be accepted in addition to the ABC examinations.

      (c) How the amendment conforms to the content of the authorizing statutes: The statute states passing of examinations approved by the board are required for licensure. The Board has recently approved the BOC examinations.

      (d) How the amendment will assist in the effective administration of the statutes: This is amendment does not affect the effective administration of the statutes..

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: 1 to 10 individuals per year are expected to apply for a post residency registration to practice in Kentucky following the completion of their residency program prior to the successful completion of the exams.

      (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 continue to practice following their residency.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There is no cost for the person to register to continue to practice.

      (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 as a resident and took the BOC examinations to continue to practice under established conditions and supervision until the successful completion of the board exam.

      (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 only register the potential licensure applicant prior to completing all areas to receive an active license.

      (b) On a continuing basis: There will be minimal cost to the board, as it will only register the potential licensure applicant prior to completing all areas to receive an active license.

      (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 a fee it only sets forth the procedures for obtaining a post residency registration.

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

 

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.030(1)(c).

      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