reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 41 - Board of Private Investigators › Section 201 KAR 41:030 - Examination

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				329A.025(2)(c),
				329A.035(3)(m)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				329A.025(2)(c) requires the
				board to promulgate administrative regulations creating an examination for
				private investigator applicants. This administrative regulation establishes the
				examination for private investigator applicants.
Section 1. Examination structure.
(1) The written examination shall be called
			 the "Kentucky Private Investigator Examination".
(2) The exam shall be developed and
			 administered by a board-approved examination service pursuant to a contractual
			 agreement.
(3) The exam shall be
			 administered by computer and provided at locations within the Commonwealth of
			 Kentucky, to be determined by the contractor.
(4) The examination shall be structured and
			 designed to measure the subject areas in
			 KRS
			 329A.025(2)(c).
(5) The examination passing score shall be
			 determined and set by the board in consultation with the examination
			 contractor.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 41 - Board of Private Investigators › Section 201 KAR 41:040 - Fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				329A.025,
				329A.040(1)(b),
				329A.045(4),
				329A.070(9)
				329A.070(9)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				329A.025(2)(b) requires the
				board to establish fees associated with the licensure of private investigators
				and private investigating companies. 329A.040(1)(b) requires the board to
				establish an application fee for licensure and for state criminal history
				background checks.
				KRS
				329A.045(4) requires the
				board to establish a license renewal fee. This administrative regulation
				establishes the application and related fees, the licensure renewal fees, and
				the fee procedure for the licensure examination.
Section 1. Private Investigator Application
			 Fees. An applicant for licensure as a private investigator shall submit the
			 following fees:
(1)
(a) The initial application fee for licensure
			 as a private investigator shall be $400.
(b) The fee shall be submitted to the board
			 as follows:
1. $100 shall be due within thirty
			 (30) days of submission of the application. This fee shall be non-refundable;
			 and
2. $300 shall be due at the
			 time the applicant submits proof of a passing examination score. This fee shall
			 be refunded if the applicant is denied a license.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 41 - Board of Private Investigators › Section 201 KAR 41:060 - Renewal and reinstatement procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 164.772,
				329A.045(1)-(3),
				(8), (11)
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				329A.025(3)(e) authorizes
				the board to renew licenses.
				KRS
				329A.025(2)(a) requires the
				board to implement the provisions of
				KRS
				329A.010 to
				329A.090
				through the promulgation of administrative regulations. This administrative
				regulation provides directions for the biennial renewal of these
				licenses.
Section 1. An individual
			 private investigator license shall be renewed upon:
(1) Payment of the biennial renewal fee
			 established in
			 201 KAR 41:040, Section
			 4(1); and
(2) Submission of a
			 completed PI Individual License Renewal Form with the following written
			 information to the board:
(a) Documentation of
			 completion of continuing professional education requirements during the
			 licensure renewal period established in
			 201 KAR
			 41:070;
(b) Written confirmation that, since the
			 license was issued or renewed, the licensee has not:
1. Been convicted of a felony; or
2. Been professionally disciplined by
			 receiving a reprimand, fine, license suspension, probation, or license
			 revocation from the Kentucky Board of Licensure for Private Investigators or
			 any other state private investigator licensing board in the United States and
			 is not currently the subject of a professional disciplinary investigation in
			 Kentucky or another state; and Copies of the certificate of liability insurance
			 coverage pursuant to
			 KRS
			 329A.035(3)(n).
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 41 - Board of Private Investigators › Section 201 KAR 41:065 - Inactive status

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				329A.010(4),
				329A.015,
				329A.025,
				329A.080
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				329A.025(3)(e) authorizes
				the board to renew licenses and consider requiring continuing education as a
				condition for renewal.
				KRS
				329A.045(12) authorizes that
				a valid license may be put on inactive status by the licensee at the time of
				renewal at a cost to be determined by the board. This administrative regulation
				establishes the requirements for inactive licensure status, fee payment, and
				continuing education.
Section 1.
			 Inactive Status.
(1) Inactive licensure status
			 shall be granted upon:
(a) Written request to
			 the board prior to the time of renewal; and
(b) Payment of the inactive license fee
			 established in
			 201 KAR 41:040, Section
			 7.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 41 - Board of Private Investigators › Section 201 KAR 41:070 - Continuing professional education requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				329A.025,
				329A.045(11)
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				329A.025(3)(e) authorizes
				the board to renew licenses and require continuing professional education as a
				condition for renewal.
				KRS
				329A.025(2)(a) requires the
				board to implement the provisions of
				KRS
				329A.010 to
				329A.090
				through the promulgation of administrative regulations. This administrative
				regulation establishes the requirements for continuing education and prescribes
				methods and standards for the accreditation of continuing education
				courses.
Section 1. Definitions.
(1) "Approved" means recognized and accepted
			 by the Kentucky Board of Licensure for Private Investigators.
(2) "Continuing education hour" means fifty
			 (50) clock minutes of participating in a continuing professional education
			 experience.
(3) "Preapproved" means
			 a program approved pursuant to Section 3 or Section 5 of this administrative
			 regulation.
(4) "Program" means an
			 organized learning experience:
(a) Planned and
			 evaluated to meet behavioral objectives; and
(b) Presented in one (1) session or in a
			 series.
(5) "Provider"
			 means an organization approved by the Kentucky Board of Licensure for Private
			 Investigators for providing continuing professional education
			 programs.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 41 - Board of Private Investigators › Section 201 KAR 41:080 - Complaint procedure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 329A.025(3)(g),
				(i)-(k), 329A.040(2)(a), 329A.060(2),
				(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				329A.060(1) states that the
				board shall promulgate administrative regulations regarding the receiving and
				investigating of complaints. This administrative regulation establishes
				procedures for the filing, evaluation, and disposition of administrative
				complaints.
Section 1. Definitions.
(1) "Chair" means the chairman or
			 vice-chairman of the board.
(2)
			 "Charge" means a specific allegation contained in a formal complaint, as
			 established in subsection (5) of this section, issued by the board alleging a
			 violation of a specified provision of KRS Chapter 329A, the administrative
			 regulations promulgated thereunder, or any other state or federal statute or
			 regulation.
(3) "Complaint" means
			 any written allegation of misconduct by a licensed individual or other person
			 which might constitute a violation of KRS Chapter 329A, the administrative
			 regulations promulgated thereunder, or any other state or federal statute or
			 regulation.
(4) "Complaint
			 screening committee" means a committee consisting of up to two (2) members of
			 the board appointed by the chair to review complaints and investigative
			 reports, and to participate in informal proceedings to resolve a complaint. In
			 addition to board members, legal counsel for the board and one (1) other staff
			 member may be appointed to assist the committee, but shall not have voting
			 privileges.
(5) "Formal complaint"
			 means a formal administrative pleading authorized by the board which sets forth
			 charges against a licensed individual or other person and commences a formal
			 disciplinary proceeding pursuant to KRS Chapter 13B or requests a court of
			 competent jurisdiction to take criminal or civil action.
(6) "Informal proceedings" means the
			 proceedings instituted at any stage of the disciplinary process with the intent
			 of resolving any matter with the consent of the board and the respondent in
			 lieu of formal disciplinary procedures under KRS Chapter 13B.
(7) "Investigator" means an individual
			 designated by the board to assist the board in the investigation of a complaint
			 or an investigator employed by the attorney general or the board.
(8) "Respondent" means the licensee or an
			 unlicensed person who is the subject of a complaint.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 41 - Board of Private Investigators › Section 201 KAR 41:090 - Code of ethics

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				329A.025(2)(d)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				329A.025(2)(d) requires the
				board to promulgate administrative regulations establishing a code of
				professional practice and conduct for private investigator licensees. This
				administrative regulation establishes the code of professional practice and
				conduct for private investigators.
Section
			 1. Proper Conduct of Practice.
(1) The licensee shall at all times recognize
			 the primary obligation to protect the health, safety, and welfare of the public
			 in the performance of the licensee's professional duties.
(2) A licensee possessing knowledge of a
			 violation, by another licensee of KRS Chapter 329A or any administrative
			 regulation promulgated thereunder, shall report that violation to the board in
			 writing and shall cooperate with the board in furnishing any information or
			 assistance as the board may require.
(3) If the licensee becomes aware of a
			 decision taken by an employer or client, against the licensee's advice, which
			 violates applicable federal, state, or local laws and regulations or which may
			 affect adversely the health, safety, or welfare of the public, the licensee
			 shall:
(a) Refuse to consent to the decision;
			 and
(b) In circumstances where the
			 licensee reasonably believes that other decisions will be made, notwithstanding
			 the licensee's objections, terminate services with reference to that employer
			 or client.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 41 - Board of Private Investigators › Section 201 KAR 41:100 - Verification of limited employees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				329A.025,
				329A.070
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				329A.025(2) and
				329A.070(9)
				require the board to establish a fee and a method of verification of the number
				of hours worked by a limited employee who works under the direction of a
				private investigator or private investigating firm licensed by the board. This
				administrative regulation establishes a fee and method for this
				verification.
Section 1. Definitions.
(1) "Limited employee" means a person who
			 engages in private investigating for a licensed private investigator or
			 licensed private investigating firm for less than 240 hours per year.
(2) "Private investigating" is defined by
			 KRS
			 329A.010(4).
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 42 - Board of Licensure for Massage Therapy › Section 201 KAR 42:010 - Goals for massage therapy sessions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				309.350(7),
				309.355(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				309.355(3) requires the
				board to promulgate administrative regulations setting standards of practice.
				This administrative regulation establishes the goals of massage therapy and
				possible means of achieving these goals.
Section
			 1.
(1) Goals for massage therapy
			 may include:
(a) Maintaining
			 health;
(b) Providing
			 relaxation;
(c) Preserving or
			 increasing functional capacity;
(d)
			 Diminishing soft-tissue pain arising from stress, anxiety, adhesions, and
			 overuses; and
(e) Providing
			 treatment that is professionally appropriate for the client.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 42 - Board of Licensure for Massage Therapy › Section 201 KAR 42:020 - Fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				309.356,
				309.357
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				309.355(3) requires the
				board to promulgate administrative regulations to implement
				KRS
				309.350 to
				309.364.
				KRS
				309.357 requires the board to establish
				reasonable fees for the licensure of massage therapists.
				KRS
				309.357(2) and (3) authorize
				the issuance of an inactive license and reinstatement. This administrative
				regulation establishes the fees relating to massage therapy (MT)
				licensure.
Section 1. Fee Payments.
(1) All fees established in Section 2 of this
			 administrative regulation shall be:
(a) Made
			 payable as required by
			 KRS
			 309.356 to the Kentucky State Treasurer;
			 and
(b) Paid by:
1. Cashier's check;
2. Certified check;
3. Money order;
4. Personal check; or
5. Online payment by credit card, debit card,
			 or electronic check.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 42 - Board of Licensure for Massage Therapy › Section 201 KAR 42:030 - Licensee's change of name, home address, or place of business

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				309.355(4)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				309.355(4) requires the
				board to keep a register of all persons licensed as massage therapists.
				KRS
				309.355(3) requires the
				board to promulgate administrative regulations to implement
				KRS
				309.350 through
				309.364.
				This administrative regulation establishes the mechanism for a massage
				therapist to change the name, home address, or place of business under which
				the therapist is originally licensed.
Section
			 1.
(1) A massage therapist
			 licensed pursuant to KRS Chapter 309 shall notify the board electronically or
			 in writing of any change in the person's name, home address, or place of
			 business within thirty (30) days after the change has taken place.
(2) Any request for a name change shall be
			 made only after submission of a legal document that authorizes the change, such
			 as an updated passport, Social Security card, driver's license, marriage
			 certificate, or court order showing the new name.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 42 - Board of Licensure for Massage Therapy › Section 201 KAR 42:035 - Application process, exam, and curriculum requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				309.355,
				309.358,
				309.359,
				309.362,
				309.363,
				309.3631,
				335B.010-335B.070
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				309.355(1) requires the
				board to administer and enforce the provisions of
				KRS
				309.350 to
				309.364
				and to evaluate the qualifications of applicants for licensure.
				KRS
				309.355(3) requires the
				board to promulgate administrative regulations to implement
				KRS
				309.350 to
				309.364,
				including educational program curriculum. The board may issue a license to an
				applicant meeting the standards established in
				KRS
				309.358 or
				309.359. This
				administrative regulation establishes the application process and curriculum
				requirements for licensure.
Section 1.
			 An applicant for licensure as a massage therapist shall:
(1) File a completed, signed, and dated
			 Application for Licensure as a Massage Therapist, and the required
			 documentation with the board, meeting the requirements established in
			 KRS
			 309.358;
(2) Pay the application fee as established in
			 201 KAR 42:020;
			 and
(3) Affix a two (2) inch by two
			 (2) inch or larger passport quality color head shot photograph of only the
			 applicant to the application form. The photograph submitted with the
			 application shall be taken within the previous six (6) months to reflect the
			 current appearance of the applicant.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 42 - Board of Licensure for Massage Therapy › Section 201 KAR 42:040 - Renewal and reinstatement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				309.357(1)(a),
				309.358,
				309.361,
				309.362,
				335B.010-335B.070
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				309.355(1) requires the
				board to administer and enforce the provisions of
				KRS
				309.350 to
				309.364
				and authorizes licensure renewal.
				KRS
				309.355(3) requires the
				board to promulgate administrative regulations to implement
				KRS
				309.350 to
				309.364.
				KRS
				309.357(1)(a) requires the
				board to establish a schedule of fees for the renewal of licenses, the
				reinstatement of licenses, and establishes requirements for placing licenses in
				inactive status and for restoring licensing to active status.
				KRS
				309.361(1) designates a two
				(2) year renewal period. This administrative regulation establishes the
				requirements for renewal of licenses and the reinstatement of expired licenses
				that have been expired for less than five (5) years' time.
Section 1.
(1) A license to practice massage therapy
			 shall be renewed upon:
(a) Payment of the
			 biennial renewal fee as established in
			 201 KAR 42:020, Section
			 2(2), on or before the anniversary date of issue of license;
(b) Submission to the board of a completed
			 Application for License Renewal form and the following written information:
1. Current complete home address, email
			 address, and telephone number, to receive communications from the
			 board;
2. Current complete name,
			 address, and telephone number of each location in which massage therapy service
			 is provided by the licensee;
3. A
			 list indicating completion of the continuing education hours as required by
			 201 KAR
			 42:110. The list shall:
a. Itemize the number of clock hours credited
			 for each course; and
b. Designate
			 the courses that fulfill the three (3) required hours of ethics training;
			 and
4. Confirmation
			 that, since the license was issued or renewed, the licensee has not:
a. Been convicted of a felony; or
b. Had his or her license disciplined and is
			 not currently under disciplinary review in another state; and
(c) Submission of a two
			 (2) inch by two (2) inch or larger passport quality color head shot photograph
			 of only the applicant to the board affixed to the Application for License
			 Renewal form. The photograph submitted with the application shall be taken
			 within the previous six (6) months to reflect the current appearance of the
			 applicant.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 42 - Board of Licensure for Massage Therapy › Section 201 KAR 42:050 - Complaint procedure and disciplinary action

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 309.351,
				309.355(1), (2),
				(6),
				309.362
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				309.355(1) requires the
				board to regulate the practice of massage therapy.
				KRS
				309.355(2) requires the
				board to investigate every alleged violation and take appropriate action. This
				administrative regulation establishes the procedure for filing a complaint and
				the action to be taken by the board on a complaint and disciplinary action of a
				licensee or applicant in violation of
				KRS 309.351 or
				309.362.
Section 1. Definitions.
(1) "Complaint committee" means a committee
			 of the board that:
(a) Reviews an initiating
			 complaint; and
(b)
1. Recommends dismissal or further
			 investigation of the complaint; or
2. Determines the existence of sufficient
			 evidence to bring a formal complaint.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 42 - Board of Licensure for Massage Therapy › Section 201 KAR 42:061 - Code of ethics and standards of practice for massage therapists

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 309.355(1),
				(3),
				309.362
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				309.355(1) requires the
				Board of Licensure for Massage Therapy to administer and enforce the provisions
				of
				KRS
				309.350 to
				309.364.
				KRS
				309.355(3) requires the
				board to establish by administrative regulation a code of ethics and standards
				of practice for massage therapists. This administrative regulation establishes
				those standards, which, if violated, are a basis for disciplinary action under
				KRS
				309.362.
Section
			 1. Code of Ethical Standards for the Massage Therapist. A massage
			 therapist shall:
(1) Maintain the
			 confidentiality of all client information, unless law or court order mandates
			 disclosure;
(2) Keep the client
			 well informed of procedures and methods that will be employed during the
			 session;
(3) Report to the board if
			 the massage therapist has first-hand knowledge or evidence indicating any
			 unethical, incompetent, or illegal act has been committed by another
			 licensee;
(4) Take precautions to
			 do no harm to the physical, mental, and emotional well-being of clients or
			 associates;
(5) Make every
			 reasonable effort to report unlicensed practice of massage therapy to the
			 board;
(6) Represent his or her
			 educational and professional qualifications honestly;
(7) Inform clients of the limitations of the
			 licensee's practice;
(8)
			 Consistently take measures to improve professional knowledge and competence by
			 a regular assessment of personal and professional strengths and weaknesses
			 through continuing education training;
(9) Respect the client's right to treatment
			 with informed and voluntary consent, either verbal or written, and to refuse,
			 modify, or terminate treatment regardless of prior consent;
(10) Not engage in sexual conduct or
			 activities with a client;
(11) Not
			 engage in an interest, activity, or influence that conflicts with the
			 practitioner's obligation to act in the best interest of the client;
(12) Respect the client's boundaries with
			 regard to privacy, disclosure, exposure, emotional expression, beliefs, and
			 reasonable expectations of professional behavior;
(13) Refuse to accept gifts or benefits,
			 which are intended to influence a referral or treatment that are purely for
			 personal gain and not for the good of the client;
(14) Conduct all business and professional
			 activities with honesty and integrity;
(15) Respect the inherent worth of all
			 clients;
(16) Provide only those
			 services that the licensee is qualified to perform; and
(17) Respect the client's autonomy.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 42 - Board of Licensure for Massage Therapy › Section 201 KAR 42:080 - Programs of massage therapy instruction

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 309.352(2),
				(9),
				309.355(1),
				(3),
				309.358(1)(f),
				309.362,
				309.363(1),
				309.3631
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(1) requires the
				board to administer and enforce the provisions of
				KRS
				309.350 to
				309.364.
				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(1)(f) 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.
				KRS
				309.3631 requires the annual renewal of
				certificates of good standing, documentation of program updates, personnel
				changes, graduation rates, licensing examination rates, and the payment of a
				fee. 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 a clinical setting, supervising 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.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 42 - Board of Licensure for Massage Therapy › Section 201 KAR 42:110 - Continuing education requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				309.350,
				309.351,
				309.355,
				309.361
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 excludes 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) "NCCAOM" means the National
			 Certification Commission for Acupuncture and Oriental Medicine.
(11) "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)
			 "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.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 43 - Kentucky Applied Behavior Analysts Licensing Board › Section 201 KAR 43:010 - Application procedures for licensure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319C.070,
				319C.080(1),
				(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319C.060(2)(a) requires the
				board to promulgate administrative regulations establishing the requirements
				for an applicant for licensure as a behavior analyst or assistant behavior
				analyst. This administrative regulation establishes the requirements for
				applicants for licensure.
Section 1.
			 Application Procedures.
(1) An Application for
			 Licensure as a behavior analyst shall be submitted after the requirements
			 established in
			 KRS
			 319C.080(1) are
			 met.
(2) An Application for
			 Licensure as an assistant behavior analyst shall be submitted after the
			 requirements established in
			 KRS
			 319C.080(2) are
			 met.
(3) The application required
			 by subsections (1) and (2) of this section shall be made by submitting a
			 completed Form ABA-001, Application for Licensure, to the board. The
			 application shall include:
(a) A certification
			 by the applicant that the:
1. Information in
			 the application is true, correct, and complete to the best of his or her
			 knowledge and belief; and
2.
			 Applicant is aware that a misrepresentation or falsification in the application
			 is grounds for denial or revocation of the license at any time;
(b) A copy of the degree
			 obtained;
(c) A check or money
			 order payable to the Kentucky State Treasurer for the application review and
			 licensure fee as required by
			 201 KAR 43:030;
(d) Proof of compliance with the educational,
			 examination, and credentialing requirements established in
			 KRS
			 319C.080(1) for applicants
			 seeking licensure as a behavior analyst and
			 KRS
			 319C.080(2) for applicants
			 seeking licensure as an assistant behavior analyst; and
(e) Proof of completion of at least five (5)
			 hours of training in:
1. Adult abuse and
			 neglect;
2. Child abuse, neglect,
			 and dependency; or
3. A combination
			 of subparagraphs 1. and 2. of this paragraph. The completed proof shall
			 indicate that abuse, neglect, or dependency was explicitly covered in the
			 training.
(4)
			 Applicants for licensure as an assistant behavior analyst shall also submit a
			 completed Supervisory Plan, Form ABA-002, as incorporated by reference in
			 201 KAR
			 43:050, for board approval.
(5) A licensed assistant behavior analyst may
			 apply for licensure as a licensed behavior analyst at any time within the two
			 (2) year licensure period after meeting the requirements established in this
			 administrative regulation. A final Report of Supervision, Form ABA-003, as
			 incorporated by reference in
			 201 KAR
			 43:050, shall also be submitted for board
			 approval.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 43 - Kentucky Applied Behavior Analysts Licensing Board › Section 201 KAR 43:030 - Fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319C.060(2)(f),
				319C.080(1),
				(2), (3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319C.060(2)(f) requires the
				board to promulgate administrative regulations establishing reasonable fees for
				the licensure and license renewal of behavior analysts, assistant behavior
				analysts, and temporary licensees. This administrative regulation establishes
				those fees.
Section 1. Application and
			 Licensure Fees for Licensed Behavior Analysts.
(1) An applicant for licensure as a licensed
			 behavior analyst shall pay the following:
(a)
			 A $400 application review and licensure fee for the first two (2) year
			 licensure period;
(b) A licensed
			 assistant behavior analyst applying for licensure as a licensed behavior
			 analyst for the remainder of their two (2) year licensure period shall pay a
			 $100 non-refundable application review fee;
(c) A temporary licensed behavior analyst
			 applying for licensure as a licensed behavior analyst for the remainder of
			 their two (2) year licensure period shall pay a non-refundable $100 application
			 review fee; and
(d) A temporary
			 licensed assistant behavior analyst applying for licensure as a licensed
			 behavior analyst for the remainder of their two (2) year licensure period shall
			 pay a non-refundable $100 application review fee.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 43 - Kentucky Applied Behavior Analysts Licensing Board › Section 201 KAR 43:040 - Code of ethical standards and standards of practice

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				202A.400,
				319C.060(1),
				(2)(c),
				620.030,
				645.270
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319C.060(2)(c) requires the
				board to adopt a code of ethical standards and standards of practice for all
				licensed behavior analysts, assistant behavior analysts, and temporary
				licensees. This administrative regulation establishes the code of ethical
				standards and standards of practice for licensees.
Section 1. Definitions.
(1) "BACB Code" means the Behavior Analyst
			 Certification Board (BACB) January 1, 2022 Ethics Code for Behavior
			 Analysts.
(2) "Behavior analyst"
			 means a person licensed under KRS Chapter 319C as a licensed behavior analyst,
			 a licensed assistant behavior analyst, or a temporary licensee.
(3) "Client" means:
(a) A client as defined in the BACB
			 Code;
(b) A person who receives
			 behavior analytic assessment, intervention, consultation, treatment, or other
			 professional services for the purpose of practicing applied behavior
			 analysis;
(c) A corporate entity or
			 other organization if the professional contract is to provide a professional
			 service of benefit to the corporate entity or organization; and
(d) The legal guardian of a minor or a
			 legally incompetent adult for a decision-making purpose.
(4) "Confidential information" means
			 information revealed by a client or clients or otherwise obtained by a behavior
			 analyst in a professional relationship and includes all protected health
			 information (PHI) and educational records.
(5) "Kentucky Code" means the Code of Ethics
			 set forth in this administrative regulation.
(6) "Professional relationship" means a
			 mutually agreed upon relationship between a behavior analyst and a client for
			 the purpose of the client obtaining the behavior analyst's professional
			 expertise.
(7) "Professional
			 service" means all actions of the behavior analyst in the context of a
			 professional relationship with a client.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 43 - Kentucky Applied Behavior Analysts Licensing Board › Section 201 KAR 43:050 - Requirements for supervision

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319C.050(1) and
				319C.060(2)(a)-(d)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319C.060(2)(a) requires the
				board to promulgate an administrative regulation governing the supervision of a
				licensed assistant behavior analyst, temporarily licensed behavior analyst, and
				temporarily licensed assistant behavior analyst. This administrative regulation
				establishes the requirements for supervision.
Section 1. Definitions.
(1) "Direct supervision" means in-person
			 interactions between the supervisor and the licensee under his or her
			 supervision which includes direct observation of actual service provision to
			 individuals.
(2) "General
			 supervision" means interactions between the supervisor and the licensee under
			 his or her supervision involving real time visual and auditory contact,
			 conducted in-person or via electronic means.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 43 - Kentucky Applied Behavior Analysts Licensing Board › Section 201 KAR 43:060 - Complaint and disciplinary process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319C.050(4),
				319C.060(2),
				319C.070,
				319C.110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319C.060(2) requires the
				board to promulgate an administrative regulation governing the regulation of
				licensees.
				KRS
				319C.070,
				319C.050(4),
				and
				319C.110
				require the board to investigate and take disciplinary action against licensees
				who violate KRS Chapter 319C and the associated administrative regulations.
				This administrative regulation details the process by which the board completes
				those investigations and takes that action.
Section
			 1. Definitions.
(1) "Act" means
			 KRS Chapter 319C.
(2) "Board" is
			 defined by
			 KRS
			 319C.010(3).
(3) "Charge" means a specific allegation
			 contained in a document issued by the board or hearing panel alleging a
			 violation of a specified provision of KRS Chapter 319C or 201 KAR Chapter
			 43.
(4) "Complaint Committee" means
			 the committee appointed pursuant to Section 2 of this administrative
			 regulation.
(5) "Formal complaint"
			 means a formal administrative pleading or notice of administrative hearing
			 authorized by the board that sets forth charges against a licensee or applicant
			 and commences a formal disciplinary proceeding in accordance with KRS Chapter
			 13B.
(6) "Initiating complaint"
			 means an allegation alleging misconduct by a licensee or applicant or alleging
			 that an unlicensed person is engaging in unlicensed practice or using a title
			 without holding a license.
(7)
			 "Order" means the whole or a part of a final disposition of a
			 hearing.
(8) "Presiding officer"
			 means the person appointed by the board to preside at a hearing held pursuant
			 to KRS Chapter 13B, and shall include a hearing officer, a member or members of
			 the hearing panel, or both.
(9)
			 "Respondent" means the person against whom an initiating or a formal complaint
			 has been made.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 43 - Kentucky Applied Behavior Analysts Licensing Board › Section 201 KAR 43:070 - Supervisees (Repealed)

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319C.060(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319C.060 authorizes the board to promulgate
				administrative regulations required to establish qualifications and
				requirements for supervisees of a behavior analyst. This administrative
				regulation establishes the requirements for supervisees.
Section 1. Supervisee Qualifications.
(1) A supervisee shall:
(a) Be at least eighteen (18) years of
			 age;
(b) Hold a high school diploma
			 or GED;
(c) Complete thirty (30)
			 hours of training related to applied behavior analysis; and
(d) Be a citizen of the United States or
			 otherwise be entitled to lawfully remain and work in the United
			 States.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 43 - Kentucky Applied Behavior Analysts Licensing Board › Section 201 KAR 43:071 - Repeal of 201 KAR 043:070

Current through Register Vol. 51, No. 1, July 1, 2024
The
				amended version of this section by
				48
				Ky.R. 1974; 49 Ky.R. 33, eff.
				10/4/2022 is not yet
				available.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 43 - Kentucky Applied Behavior Analysts Licensing Board › Section 201 KAR 43:080 - Renewals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319C.050,
				319C.060
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319C.060 authorizes the board to promulgate
				administrative regulations required to establish conditions for the renewal and
				reinstatement of licenses. This administrative regulation establishes
				procedures for the renewal of licenses.
Section
			 1. Renewal.
(1) A behavior
			 analyst shall biennially, on or before the last day of the calendar month
			 during which the license was issued:
(a) File
			 a completed Renewal and Reinstatement Application, Form ABA-004; and
(b) Pay to the board the renewal fee
			 established by
			 201 KAR 43:030.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 43 - Kentucky Applied Behavior Analysts Licensing Board › Section 201 KAR 43:090 - Voluntary inactive and retired status

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 319C
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319C.050 and
				319.060 require the
				Applied Behavior Analysis Licensing Board to promulgate administrative
				regulations establishing licensure requirements and licensure and renewal fees.
				This administrative regulation establishes requirements relating to for
				inactive and retired status.
Section
			 1. Conditions for Inactive Status. Inactive status may be granted
			 to a licensee who is currently not working as a behavior analyst or assistant
			 behavior analyst within the Commonwealth of Kentucky but intends to resume
			 providing those services in the future.
Section
			 2. Application for Inactive Status.
(1) A licensee requesting inactive status
			 shall submit a completed"Application for Inactive or Retired Status", Form
			 ABA-005, to the board and include the following information:
(a) Current home address, email address, and
			 phone number;
(b) Final date of
			 employment in the practice of applied behavior analysis within the Commonwealth
			 of Kentucky; and
(c) Anticipated
			 date of return to employment in the practice of applied behavior analysis
			 within the Commonwealth of Kentucky.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 43 - Kentucky Applied Behavior Analysts Licensing Board › Section 201 KAR 43:100 - Telehealth and telepractice

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319C.140(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319C.140(2) requires the
				Applied Behavior Analysis Licensing Board to promulgate administrative
				regulations related to utilization of telehealth as a means of healthcare
				delivery. This administrative regulation establishes the requirements for
				telehealth and telepractice in applied behavior analysis.
Section 1. Requirements for Licensees
			 Providing Applied Behavior Analytic Services via Telehealth.
(1) A licensee who provides applied behavior
			 analytic services via telehealth shall:
(a)
			 Maintain competence with the technologies utilized, including understanding and
			 adequately addressing the actual and potential impact of those technologies on
			 clients, supervisees, or other professionals;
(b) Maintain compliance with KRS Chapter
			 319C, 201 KAR Chapter 43, and all other applicable federal, state, and local
			 laws;
(c) At the onset of the
			 delivery of care via telehealth, identify appropriate emergency response
			 contacts local to the client so that those contacts shall be readily accessible
			 if there is an emergency;
(d)
			 Protect and maintain the confidentiality of data and information in accordance
			 with all applicable federal, state, and local laws; and
(e) Dispose of data and information only in
			 accordance with federal, state, and local law and in a manner that protects the
			 data and information from unauthorized access.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 43 - Kentucky Applied Behavior Analysts Licensing Board › Section 201 KAR 43:110 - Per diem

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319C.030(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319C.060(2) authorizes the
				Kentucky Applied Behavior Analysis Licensing Board to promulgate an
				administrative regulation to carry out its duties under KRS Chapter 319C.
				KRS
				319C.030(3) provides that a
				member of the board shall receive the usual mileage, subsistence, and per diem
				when carrying out the duties of the board. This administrative regulation
				establishes the per diem rates for board members.
Section 1.
(1) Members of the board shall receive
			 compensation of $100 per diem for each day they actually spend in the discharge
			 of their official duties.
(2) The
			 reimbursement to board members for actual and necessary expenses shall be in
			 accordance with state law and the standards applicable to state employees
			 pursuant to KRS
			 44.060,
			 KRS
			 45.101, and
			 200 KAR
			 2:006.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 44 - Board of Licensure for Prosthetics, Orthotics, and Pedorthics › Section 201 KAR 44:010 - Fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319B.030,
				319B.050,
				319B.120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319B.030(1)(f) requires the
				board to promulgate administrative regulations to carry out the provisions of
				KRS Chapter 319B.
				KRS
				319B.030(1)(f) requires fees
				for applications, renewals and reinstatements, late renewals and applications
				for continuing education course approvals and duplicate licenses or
				replacements. This administrative regulation establishes those fees.
Section 1. Application Fees. The fees
			 established in this section shall be paid for applications for the following
			 licenses issued by the board.
(1) The fee for
			 an application as a licensed prosthetist, a licensed orthotist, or dual
			 licensure as a licensed orthotist/prosthetist shall be a $100 nonrefundable
			 application fee and $350 for the initial license fee.
(2) The fee for application as a licensed
			 pedorthist shall be a $100 nonrefundable application fee and $300 for the
			 initial license fee.
(3) The fee
			 for application as a licensed orthotic fitter shall be a $100 nonrefundable
			 application fee and $250 for the initial license fee.
(4) The board shall refund the initial
			 license fee to an applicant who does not qualify or has been denied a
			 license.