GENERAL GOVERNMENT CABINET

Kentucky Board of Licensed Diabetes Educators

(Amendment)

 

      201 KAR 45:120 Renewal, reinstatement, and inactive status.

 

      RELATES TO: KRS 309.331, 309.335

      STATUTORY AUTHORITY: KRS 309.331(1), 309.335

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.331 requires the board to promulgate administrative regulations establishing procedures for annual renewal and reinstatement of licenses. This administrative regulation establishes procedures for annual renewal and reinstatement of licenses.

 

      Section 1. Regular License Renewal. (1) A licensed diabetes educator or master licensed diabetes educator shall submit [the following]to the board by November 1 of each year:

      (a) A completed Renewal Application, Form DE-02;

      (b) Proof of the required continuing education as set forth in 201 KAR 45:130; and

      (c) The renewal fee as established in 201 KAR 45:110.

      (2) If a license is not renewed by January 30 of the new licensure year, it shall automatically expire.

 

      Section 2. Reinstatement. (1) An expired license shall be reinstated upon the licensee:

      (a) Paying the required fees established in 201 KAR 45:110; and

      (b) Submitting proof of completion of an amount of continuing education courses equivalent to the continuing education requirements as established in 201 KAR 45:130 for each year since the last date the license was active.

      (2) An expired license may be reinstated within five (5) years of the date of expiration.

 

      Section 3. Inactive Status. (1) A licensee may place his or her license in inactive status by submitting written notice to the board prior to November 1.

      (2)(a) An individual with an inactive license shall not be permitted to practice diabetes education while the license is inactive.

      (b) A licensee may remain in inactive status for a maximum of five (5) years.

      (3)(a) During the period of inactive status, the licensee shall not be required to meet the annual continuing education requirements as established in 201 KAR 45:130.

      (b) Upon the licensee’s request for licensure reactivation, the licensee shall provide proof of completion of an amount of continuing education courses equivalent to the continuing education requirements as established in 201 KAR 45:130 for each year the license was inactive.

      (4)(a) An individual shall submit in writing a request to the board to be placed back in active status.

      (b) The request shall be submitted at least one (1) week in advance of the board’s regularly scheduled board meeting.

 

      Section 4. Regular Permit Renewal. (1) An apprentice diabetes educator shall submit to the board by November 1 of each year:

      (a) A completed Apprentice Renewal Application, Form DE-04[DE-02];

      (b) Proof of the required continuing education established in 201 KAR 45:130; and

      (c) The renewal fee established in 201 KAR 45:100.

      (2)(a) If a permit is not renewed by January 30 of the new licensure year, it shall automatically expire, and the apprentice diabetes educator shall reapply for a permit as established in KRS 309.334.

      (b) Work experience accumulated shall not carry over between permits.

 

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

      (a) "Renewal Application", Form DE-02, 06/2013; and

      (b) "Apprentice Renewal Application", Form DE-04, 06/2014[, is incorporated by reference].

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

 

KIM DECOSTE, Chairperson

      APPROVED BY AGENCY: June 12, 2014

      FILED WITH LRC: June 12, 2014 at 2 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 24, 2014 at 10:00 AM Eastern Time at the Office of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by 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 cancelled. This hearing is open to the public. Any person who wished 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 July 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: Matt James, Board Counsel, Asst. Attorney General, Office of the Attorney General, 700 Capitol Avenue, Suite 118, Frankfort, Kentucky 40601, phone (502) 696-5300, fax (502) 564-9380.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Matt James

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: The regulation establishes the process to renew and reinstate a license and place a license into inactive status.

      (b) The necessity of this administrative regulation: This regulation is necessary because it explains how a licensee can renew his license before it expires, reinstate the license once it has expired and place it into an inactive status.

      (c) How this administrative regulation conforms to the content of the authorizing statues: The board is given the authority to establish administrative regulations for the licensing of diabetes educators.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation sets forth the process to renew and reinstate a license and place a license into inactive status.

      (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 incorporates an additional form by reference.

      (b) The necessity of the amendment to this administrative regulation: An additional form needs to be incorporated by reference.

      (c) How the amendment conforms to the content of the authorizing statutes: This amendment incorporates by reference a necessary application form.

      (d) How the amendment will assist in the effective and administration of the statutes: This amendment incorporates by reference a necessary application form.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Over 100 individuals have already been licensed as diabetes educators, and future applications may result in up to 250 individuals being licensed as diabetes educators.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this 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 the administrative regulation or amendment: This administrative regulation requires licensees to fill out an application for renewal and reinstatement, along with paying a fee. The licensee applying for inactive status will provide written notice to the board.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The fee for applying will be established in a separate regulation.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The licensee will be able to continue to practice diabetes education. The inactive license holder will not have to meet the regular requirements for licensure.

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

      (a) Initially: The budget for the board is unknown, as it is unknown how many persons will ultimately apply for licensure.

      (b) On a continuing basis: The budget for the Board cannot be estimated for the future until the total number of licensees is known with more precision.

      (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 by the fees paid by 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: No increase in fees or funding will be necessary.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This administrative regulation did not establish the fees but there will be a fee applied that is set in a separate regulation for renewal and reinstatement.

      (9) TIERING: Is tiering applied? Tiering was not applied.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, countries fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Board of Licensed Diabetes Educators is housed for administrative purposes within the Office of Occupations and Professions in the Public Protection Cabinet.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 309.331, 309.335

      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 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 for the subsequent years.

      (c) How much will it cost to administer this program for the first year? The board is charged an annual fee of $1,000 by the Office of Occupations & Professions for the administrative services provided prior to the issuing of licenses.

      (d) How much will it cost to administer this program for subsequent years? The board will be charged an annual fee of $1,000 by the Office of Occupations & Professions for the administrative services provided prior to the issuing of licenses for this biennium. The fee will be reviewed when determining the next biennium budget.

      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