reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 27 - Kentucky Boxing and Wrestling Commission › Section 201 KAR 27:012 - General requirements for wrestling shows

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				229.021,
				229.031,
				229.071,
				229.081,
				229.091,
				229.171, EO 2016-270
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				229.171(1) authorizes the
				authority to exercise sole jurisdiction over all boxing, kickboxing, mixed
				martial arts, and wrestling shows, exhibitions, and licensees in the
				Commonwealth. Executive Order 2016-270, effective May 16, 2016, abolished the
				Kentucky Boxing and Wrestling Authority and established the Kentucky Boxing and
				Wrestling Commission. This administrative regulation establishes the
				requirements for wrestling shows and for participants in wrestling
				shows.
Section 1. Show Date Request
			 and Advertising.
(1) A promoter shall request
			 a show date by completing and submitting to the commission the Wrestling Show
			 Notice Form.
(2) The Wrestling Show
			 Notice Form shall be submitted to the commission for approval no less than ten
			 (10) calendar days before the requested show date.
(3) A promoter shall not advertise the show
			 until the date has been approved by the commission. Approval is effective upon
			 the commission:
(a) Placing the event on the
			 Calendar of Events available on the commission's Web site at
https://kbwc.ky.gov/ppc_boxing/Ecal.aspx
;
			 or
(b) Providing written notice
			 that the event is approved.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 27 - Kentucky Boxing and Wrestling Commission › Section 201 KAR 27:016 - General requirements for mixed martial arts matches, shows, or exhibitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				229.025,
				229.031,
				229.055,
				229.111,
				229.131,
				229.155,
				229.171,
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				229.171(1) authorizes the
				Kentucky Boxing and Wrestling Commission to exercise sole direction,
				management, control, and jurisdiction over all unarmed combat shows in the
				Commonwealth. KRS
				229.171(2) authorizes the
				commission to promulgate administrative regulations it considers necessary or
				expedient for the performance of its functions provided in KRS Chapter 229.
				KRS
				229.025 requires every licensee to be subject
				to administrative regulations promulgated by the commission. This
				administrative regulation establishes the requirements for mixed martial arts
				shows and for participants in mixed martial arts shows.
Section 1. Show Date.
(1) A promoter shall request a show date by
			 completing and submitting to the commission the Mixed Martial Arts Show Notice
			 Form, which is incorporated by reference in
			 201 KAR 27:011, Section
			 23(1)(a).
(2) The Mixed Martial
			 Arts Show Notice Form shall be submitted for approval no less than thirty (30)
			 calendar days before the requested show date.
(3) A promoter shall not advertise a show
			 until the date has been approved by the commission. Approval is effective upon
			 the commission:
(a) Placing the event on the
			 Calendar of Events available on the commission's Web site at
https://kbwc.ky.gov/ppc_boxing/Ecal.aspx
;
			 or
(b) Providing written notice
			 that the event is approved.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 27 - Kentucky Boxing and Wrestling Commission › Section 201 KAR 27:020 - Tickets

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				229.031,
				229.171,
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				229.171(1) authorizes the
				Kentucky Boxing and Wrestling Commission to exercise sole direction,
				management, control, and jurisdiction over all unarmed combat shows in the
				commonwealth.
				KRS
				229.171(2) authorizes the
				commission to promulgate administrative regulations it considers necessary or
				expedient for the performance of its functions provided in KRS Chapter
				229.KRS
				229.031(1) requires a tax of
				the greater of twenty-five (25) dollars or five (5) percent of the gross
				receipts from the sale of all tickets to the show collected by a person
				conducting an event under the jurisdiction of the commission, and
				KRS
				229.031(4) authorizes the
				commission to examine or cause to be examined a person's books and records to
				ensure compliance with the tax. This administrative regulation establishes
				requirements and procedures governing the sale of tickets to events and shows
				in the commonwealth.
Section 1.
			 General Requirements.
(1) Any person admitted
			 to a show or exhibition shall have a ticket except:
(a) Commission staff, a commission member, or
			 a member of the medical advisory panel on official business;
(b) The promoter of the show and the
			 promoter's employees;
(c) An
			 employee of the venue at which the show is being held if the employee is
			 working the event;
(d) A ring
			 official who is working the show;
(e) A member of the press covering the
			 show;
(f) A contestant who is
			 competing in the show;
(g) A
			 second, trainer, or manager acting on behalf of a contestant who will be
			 competing in the show; and
(h) A
			 police officer, firefighter, paramedic, or emergency medical technician while
			 on duty.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 27 - Kentucky Boxing and Wrestling Commission › Section 201 KAR 27:021 - Drug testing for boxing, kickboxing, mixed martial arts, wrestling, and elimination event shows

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 229.071,
				229.081,
				229.091,
				229.111,
				229.171,
				229.180,
				229.200,
				229.991, EO
				2016-270
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				229.171(1) authorizes the
				authority to exercise sole jurisdiction over all boxing, kickboxing, mixed
				martial arts, and wrestling shows, exhibitions, and licensees in the
				commonwealth. Executive Order 2016-270, effective May 16, 2016, abolished the
				Kentucky Boxing and Wrestling Authority and established the Kentucky Boxing and
				Wrestling Commission. This administrative regulation establishes the policies,
				procedures, and penalty guidelines associated with drug testing for
				participants in boxing, kick-boxing, mixed martial arts, wrestling, and
				elimination event shows and exhibitions.
Section
			 1. Definitions.
(1)
			 "In-competition" means the period commencing twelve (12) hours before the
			 beginning of a bout, match, or exhibition of unarmed combat in which the
			 licensee is scheduled to participate through the end of the bout, match, or
			 exhibition and the sample collection process related to the bout match or
			 exhibition.
(2)
			 "Out-of-competition" means any period that is not in-competition.
(3) "Prohibited List" means the World
			 Anti-Doping Agency Prohibited List dated January 2016.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 27 - Kentucky Boxing and Wrestling Commission › Section 201 KAR 27:040 - Managers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 229.021,
				229.081,
				229.091,
				229.171,
				EO 2016-270
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				229.171(1) authorizes the
				authority to exercise sole jurisdiction over all boxing, kickboxing, mixed
				martial arts, and wrestling shows, exhibitions, and licensees in the
				commonwealth. Executive Order 2016-270, effective May 16, 2016, abolished the
				Kentucky Boxing and Wrestling Authority and established the Kentucky Boxing and
				Wrestling Commission. This administrative regulation establishes standards
				governing the conduct of managers.
Section
			 1. Duties and Responsibilities.
(1) A manager shall only do business with a
			 promoter, ring official, or contestant who holds an active license.
(2) A manager shall not act or attempt to act
			 for a contestant unless authorized by the contestant.
(3) A contract between a manager and a
			 contestant shall be filed with the commission as evidence of the manager's
			 authority to act for the contestant.
(4) A manager shall keep accurate records of
			 the receipts and expenses of the contestants under their management and
			 control. These records shall be available to the contestants and to the
			 commission.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 27 - Kentucky Boxing and Wrestling Commission › Section 201 KAR 27:105 - Violations, penalties, and appeals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 229.021,
				229.031,
				229.071,
				229.091,
				229.155,
				229.171,
				229.180,
				229.190,
				229.200,
				229.991, EO
				2016-270
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				229.171(1) authorizes the
				authority to exercise sole jurisdiction over all boxing, kickboxing, mixed
				martial arts, and wrestling shows, exhibitions, and licensees in the
				commonwealth. Executive Order 2016-270, effective May 16, 2016, abolished the
				Kentucky Boxing and Wrestling Authority and established the Kentucky Boxing and
				Wrestling Commission. This administrative regulation provides the policies and
				procedures that govern the finding of a violation of KRS Chapter 229 or 201 KAR
				Chapter 27, the issuance of a penalty, and the appeal of a penalty.
Section 1. Violations.
(1) A person shall be guilty of a violation
			 for any of the following actions:
(a)
			 Violating any provision of KRS Chapter 229;
(b) Violating any provision of 201 KAR
			 Chapter 27;
(c) Being found guilty
			 of, pleading guilty to, pleading no contest to, or entering an Alford plea to a
			 crime, other than a traffic violation, that is detrimental to the interests of
			 boxing, kickbox-ing, mixed martial arts, or wrestling generally or to the
			 public interest, convenience, or necessity in any jurisdiction;
(d) Being found liable in a civil action for
			 any claim that involves fraud or dishonesty in any jurisdiction if the person
			 is a licensed promoter, manager, referee, or judge;
(e) Violating a law related to boxing,
			 kickboxing, mixed martial arts, elimination events, or wrestling in any
			 jurisdiction;
(f) Placing a bet or
			 wager on any bout or match in which the person participates or works;
(g) Serving as, or consorting or associating
			 with any person who is, a bookmaker or illegal gambler;
(h) Participating in an unlicensed event;
			 or
(i) Declaring bankruptcy if the
			 person is a licensed promoter, manager, referee, or judge.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 28 - Board of Licensure for Occupational Therapy › Section 201 KAR 28:030 - Short-term practice of occupational therapy for persons practicing under KRS 319A.090(1)(e)

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319A.090
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319A.070(3)(a) authorizes
				the board to promulgate administrative regulations and administer the
				provisions of KRS Chapter 319A.
				KRS
				319A.090 provides that certain persons may be
				exempt from the licensure requirements of KRS Chapter 319A. This administrative
				regulation sets forth the requirements for persons who are temporarily
				practicing in Kentucky and who seek to engage in the practice of occupational
				therapy for no more than sixty (60) days in a calendar year pursuant to
				KRS
				319A.090(1)(e).
Section 1.
(1) Any individual who intends to practice
			 occupational therapy in the Commonwealth of Kentucky, in association with a
			 Kentucky OT/L, under the provisions of
			 KRS
			 319A.090(1)(e) shall submit
			 to the board the following information:
(a)
			 The name, permanent address, address in Kentucky, email address, and telephone
			 number where the individual may be reached;
(b) The name, business address, and telephone
			 number of the OT/L with whom the individual is associated;
(c) The dates on which the individual intends
			 to practice in Kentucky; and
(d)
1. A copy of the current license from the
			 state in which the individual is licensed along with a statement from the
			 licensing authority that the individual is in good standing; or
2. A letter of verification issued by the
			 NBCOT stating that the individual meets the current requirements for
			 certification as an OTR or a COTA and is in good standing.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 28 - Board of Licensure for Occupational Therapy › Section 201 KAR 28:060 - Licensure, renewals, and reinstatements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319A.080,
				319A.100,
				319A.110,
				319A.120,
				319A.140,
				319A.150,
				319A.160,
				319A.170
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319A.070(3)(a) authorizes
				the board to promulgate administrative regulations and administer the
				provisions of KRS Chapter 319A.
				KRS 319A.100
				authorizes the board to issue a temporary permit to certain applicants for
				licen-sure.
				KRS
				319A.170 requires the board to determine and
				collect licensure fees.
				KRS
				319A.160 authorizes the board to set fees for
				renewal, late renewal, reinstatement, and activation of an inactive license.
				This administrative regulation sets forth the procedure by which applicants
				shall apply for, renew, or reinstate a temporary permit or license administered
				by the board under the provisions of KRS Chapter 319A.
Section 1. Initial Licensure. An applicant
			 for licensure administered by the board who has not previously been licensed,
			 certified, or registered in any state shall submit:
(1) A completed Application Form, Form
			 OTB-1;
(2)
(a) A certified copy of an official academic
			 transcript from an occupational therapy or occupational therapy assistant
			 program accredited by the ACOTE or its equivalent indicating that the applicant
			 successfully completed educational and fieldwork requirements; or
(b) For applicants trained at an educational
			 facility outside the United States, evidence of legal permission, as furnished
			 by the U.S. Department of Immigration and Naturalization, for employment in the
			 United States;
(3)
			 Electronic verification by the NBCOT that the applicant:
(a) Meets the requirements of certification
			 as an OTR or COTA;
(b) Is
			 authorized to take the NBCOT or equivalent exam required by
			 KRS
			 319A.120; or
(c) Has requested an official NBCOT Score
			 Transfer Report be sent to the board.
(4) The appropriate fee for licensure:
(a) Fifty (50) dollars for an OT/L;
			 or
(b) Thirty-five (35) dollars for
			 an OTA/L; and
(5)
			 Evidence of sucessful completion of the jurisprudence exam.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 28 - Board of Licensure for Occupational Therapy › Section 201 KAR 28:070 - Examination

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319A.120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319A.070(3)(a) authorizes
				the board to promulgate administrative regulations and administer the
				provisions of KRS Chapter 319A.
				KRS
				319A.070(3)(j) authorizes
				the board to approve an examination for an occupational therapist and an
				occupational therapy assistant. This administrative regulation establishes
				those examination requirements.
Section
			 1. Examination Approved by the Board. The examinations approved
			 for licensure are:
(1) The NBCOT
			 certification examination for occupational therapists; and
(2) The NBCOT certification examination for
			 occupational therapy assistants.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 28 - Board of Licensure for Occupational Therapy › Section 201 KAR 28:130 - Supervision of occupational therapy assistants, occupational therapy aides, occupational therapy students, and temporary permit holders

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 319A.010(4),
				(5),
				319A.100
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319A.070(3)(l) authorizes
				the board to promulgate administrative regulations to define appropriate
				supervision for persons who are delivering occupational therapy services. This
				administrative regulation establishes the requirements of that supervision, the
				documentation required in supervision, and the process for reviewing the
				supervision process.
Section 1.
			 Definitions.
(1) "Countersign" means the OT/L
			 signs the client's documentation after actively reviewing the history of the
			 intervention provided to the client and confirming that, in light of the entire
			 intervention plan, the OTA/L's entry is proper.
(2) "Face-to-face supervision" means being
			 physically present in the room and being able to directly communicate with an
			 individual while observing and guiding the activities of that individual,
			 including:
(a) A review of the occupational
			 therapy services being provided to a client that might affect the therapeutic
			 outcomes and the revision of the plan of care for each client; and
(b) An interactive process between the
			 supervisor and the individual under supervision involving direct observation,
			 cotreatment, dialogue, teaching, and instruction in a face-to-face
			 setting.
(3)
			 "Supervisor" means the OT/L who is providing supervision.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 28 - Board of Licensure for Occupational Therapy › Section 201 KAR 28:150 - Disciplinary proceedings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319A.190
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 319A
				authorizes the board to promulgate administrative regulations establishing a
				procedure by which the board will institute actions against an OTR/L or a
				COTA/L for violation of the Act, and the administrative regulations promulgated
				thereto or for professional misconduct. This administrative regulation sets
				forth the procedure and process by which such complaints shall be
				instituted.
Section 1. Definitions.
			 The following definitions, in conjunction with the provisions of
			 201 KAR
			 28:010, shall apply to this administrative regulation
			 as well as
			 201 KAR
			 28:160:
(1)
			 "Chairman" means the chairman of the board.
(2) "Investigative assistant" means an
			 appropriately licensed individual designated by the board to assist the board's
			 attorney in the investigation of a complaint or an investigator employed by the
			 Attorney General.
(3) "Complaint"
			 means any written allegation alleging misconduct which might constitute a
			 violation of KRS Chapter 319A or the administrative regulations promulgated
			 thereunder by a licensed individual or other person.
(4) "Charge" means a specific allegation
			 contained in a formal complaint issued by the board alleging a violation of a
			 specified provision of KRS Chapter 319A or the administrative regulations
			 promulgated thereunder.
(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.
(6) "Hearing officer" means the person
			 designated and given authority by the board to preside over all proceedings
			 pursuant to the issuance of any formal complaint.
(7) "Informal proceedings" means proceedings
			 instituted at any stage of the disciplinary process with the intent of reaching
			 an informal dispensation of any matter without further recourse to formal
			 disciplinary procedures.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 28 - Board of Licensure for Occupational Therapy › Section 201 KAR 28:160 - Administrative hearings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319A.190,
				319A.200
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 319A and
				KRS
				319A.190 provide for promulgation of
				administrative regulations governing the conduct of administrative hearings
				authorized by the Act. This administrative regulation sets forth the procedure
				by which such hearings are to be conducted.
Section
			 1. Composition of the Board for Purposes of a Hearing.
(1) Disciplinary actions may be heard by a
			 quorum of the board members eligible to hear that particular case, the board's
			 designated hearing officer, or both.
(2) The board may appoint a licensed attorney
			 as a hearing officer to preside over the hearing, conduct all prehearing
			 activities, prepare findings of fact and conclusions of law at the direction of
			 the board, and provide legal advice to the board.
(3) A board member who has participated in
			 the investigation of a disciplinary action or who has personal knowledge of the
			 facts giving rise to a disciplinary action shall not sit as a member of the
			 board hearing that particular action and shall not be considered an eligible
			 member for purposes of determining a quorum.
(4) Staff members of the board, legal counsel
			 for the board and a court stenographer may also be present for the
			 hearing.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 28 - Board of Licensure for Occupational Therapy › Section 201 KAR 28:170 - Deep physical agent modalities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319A.010(8),
				319A.080(4),
				319A.170(1)(c)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319A.070(3)(a) authorizes
				the board to promulgate administrative regulations to administer the provisions
				of KRS Chapter 319A.
				KRS
				319A.080(4) requires the
				board to promulgate administrative regulations to set forth content guidelines
				for the training and instruction necessary for the use of deep physical agent
				modalities. This administrative regulation establishes the requirements for
				obtaining certification in deep physical agent modalities.
Section 1. Definition. "DPAM Specialty
			 Certification" means the certification issued to a Kentucky-licensed
			 occupational therapist or licensed occupational therapy assistant who meets the
			 standards set forth in
			 KRS
			 319A.080 and this administrative regulation
			 and who has been certified by the board.
Section
			 2. Application. A licensee, before utilizing deep physical agent
			 modalities, shall submit to the board a DPAM Specialty Certification
			 Application.
(1) The application shall be
			 accompanied by:
(a) Payment of the
			 certification fee of twenty-five (25) dollars as required by
			 KRS
			 319A.170(1)(c);
			 and
(b) Proper documentation that
			 the applicant has met all educational and clinical requirements for
			 certification which shall include:
1.
			 Successful completion of the requisite hours of training and instruction
			 required by
			 KRS
			 319A.080(4) for the level of
			 licensure held by the applicant; and
2. Successful completion of the five (5)
			 treatment sessions that are signed off by the DPAM supervisor and meet the
			 requirements specified in Section 4 of this administrative
			 regulation.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 28 - Board of Licensure for Occupational Therapy › Section 201 KAR 28:200 - Continuing competence

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				210.366,
				319A.070(3)(d),
				319A.160
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319A.070(3) authorizes the
				board to promulgate administrative regulations and to establish the
				requirements for continuing competence. This administrative regulation sets
				forth the requirements for licensees to demonstrate continuing
				competence.
Section 1. Definitions.
(1) "CCU" means continuing competence
			 unit.
(2) "Contact hour" means
			 sixty (60) minutes engaged in a learning activity, excluding meal, breaks, and
			 registration.
(3) "Continuance
			 competence unit" means an assigned unit of measure for each continuing
			 competence activity for which the values are given in Section 3 of this
			 administrative regulation.
(4)
			 "Continuing competence" means a dynamic, multidimensional process to develop
			 and maintain the knowledge, skills, inter personal abilities, and critical and
			 ethical reasoning necessary to perform occupational therapy professional
			 responsibilities. Continuing competence activity for which the values are given
			 in Section (5) of this administrative regulation.
(5) "Training program in suicide assessment,
			 treatment, and management" means six (6) or more hours of continuing education
			 pre-approved by the board that contains educational objectives set forth in
			 KRS
			 210.366.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 28 - Board of Licensure for Occupational Therapy › Section 201 KAR 28:220 - Per diem of board members

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319A.030
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319A.070(3)(a) authorizes
				the board to promulgate administrative regulations and administer the
				provisions of KRS Chapter 319A.
				KRS
				319A.030 authorizes board members to receive
				a per diem as provided by law for members of state boards, commissions, and
				committees. This administrative regulation sets out the per diem amount members
				will receive when required to represent the board or attend its
				meetings.
Section 1. Each member of
			 the board shall receive a per diem of $200 for attending each meeting of the
			 board or otherwise representing the board.
STATUTORY AUTHORITY:
				  KRS
				  319A.030,
				  319A.070(1),
				  (3)(a)
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 28 - Board of Licensure for Occupational Therapy › Section 201 KAR 28:235 - Telehealth occupational therapy services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319A.080,
				319A.300
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319A.300(2) requires the
				board to promulgate an administrative regulation to implement telehealth in
				occupational therapy, including to establish procedures to prevent abuse and
				fraud through the use of telehealth, prevent fee-splitting through the use of
				telehealth, and utilize telehealth in the provision of occupational therapy
				services and in the provision of continuing education. Additionally,
				KRS
				319A.300(1) requires an
				occupational therapist utilizing telehealth to ensure a patient's informed
				consent and to maintain confidentiality. This administrative regulation
				establishes the requirements for telehealth for occupational therapy
				services.
Section 1. Definitions.
(1) "Client" means the person receiving the
			 services of the occupational therapist.
(2) "Telehealth is defined by
			 KRS
			 319A.300(3).
(3) "Telehealth occupational therapy" means
			 the practice of occupational therapy as defined by
			 KRS
			 319A.010(2), between the
			 occupational therapist or occupational therapist assistant and the patient that
			 is provided using:
(a) An electronic
			 communication technology; or
(b)
			 Two (2) way, interactive, simultaneous audio and video.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 28 - Board of Licensure for Occupational Therapy › Section 201 KAR 28:240 - Occupational Therapy Licensure Compact

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				319A.310
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				319A.310, Section 15.B.1. requires the Board
				of Licensure for Occupational Therapy to review any rule adopted by the
				Occupational Therapy Compact Commission pursuant to Section 10 of the Compact
				within sixty (60) days of adoption for the purpose of filing the rule as an
				emergency administrative regulation pursuant to
				KRS
				13A.190 and for filing the rule as an
				accompanying ordinary administrative regulation pursuant to KRS Chapter 13A.
				This administrative regulation incorporates by reference the rules adopted by
				the Occupational Therapy Compact Commission.
Section 1. The Board of Licensure for
			 Occupational Therapy shall comply with all rules of the Occupational Therapy
			 Compact, which includes the Occupational Therapy Compact Rules as of March 20,
			 2024.
Section 2. Incorporation by
			 Reference.
(1) The following material is
			 incorporated by reference: "The Occupational Therapy Compact Rules", March 20,
			 2024, and as revised.
(a) Chapter 2. Rule on
			 Definitions, adopted March 20, 2024; and
(b) Chapter 3. Data System Reporting
			 Requirements, adopted March 20, 2024.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 29 - Board of Respiratory Care › Section 201 KAR 29:010 - Activities under limited mandatory certification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				314A.110
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				314A.205 requires the board to evaluate the
				qualification of candidates for mandatory certification and to establish
				guidelines to make evaluations. This administrative regulation lists the
				qualifications for limited mandatory certification and clarifies requirements
				as well as the types of activities which are permissible by persons holding
				limited mandatory certification.
Section
			 1. To be eligible for limited mandatory certification as a
			 respiratory care practitioner, the applicant shall:
(1) Be actively enrolled in an accredited
			 program as defined by
			 KRS
			 314A.010(5);
(2) Have documented competency in a minimum
			 of six (6) of the following areas as it relates to
			 KRS
			 314A.010(8):
(a) Oxygen therapy;
(b) Assessment of patients cardiopulmonary
			 status;
(c) Cardiopulmonary
			 resuscitation;
(d) Ethics of
			 respiratory care and medical care;
(e) Humidity therapy;
(f) Aerosol therapy;
(g) Airway clearance techniques;
(h) Chest physiotherapy;
(i) Gas therapy; and
(j) Respiratory assist device (RAD);
			 and
(3) Submit
			 documentation of authorization of employment on the Application for Limited
			 Mandatory Certificate by the director of the applicant's educational program
			 and also by the appropriate supervisory personnel in the health care facilities
			 in which the applicant intends to practice respiratory care.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 29 - Board of Respiratory Care › Section 201 KAR 29:015 - Fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				314A.110,
				314A.112,
				314A.215,
				314A.220
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				314A.205(3) requires the
				board to promulgate administrative regulations to carry out the provisions of
				KRS Chapter 314A.
				KRS
				314A.205(6) and
				314A.220(2)
				require the board to establish appropriate and reasonable fees for mandatory
				certification and to periodically review and modify those fees. This
				administrative regulation establishes all fees charged by the board.
Section 1. Application and Certification Fees
			 Schedule.
(1) The application and
			 certification fee for mandatory certification shall be $150.
(2) The application and certification fee for
			 temporary mandatory certification shall be $102.
(3) The application and certification fee for
			 limited mandatory certification shall be sixty (60) dollars.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 29 - Board of Respiratory Care › Section 201 KAR 29:020 - Code of ethics; unprofessional conduct

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13A.205(4),
				314A.200(5),
				314A.225
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				314A.225 requires the board to promulgate
				administrative regulations defining unprofessional conduct, establishing a code
				of ethics, and grounds for removal of board members. This administrative
				regulation sets forth codes of ethics and unprofessional conduct, as well as
				grounds for removing board members.
Section
			 1. The following code of ethics consists of general guidelines
			 which embody certain standards of practice for the respiratory care
			 practitioner. The respiratory care practitioner shall practice within the
			 parameters of this code of ethics. The respiratory care practitioner shall:
(1) Continually strive to increase and
			 improve his or her knowledge and skill and render to each patient the full
			 measure of his or her ability;
(2)
			 Provide services with respect for the dignity of the patient, unrestricted by
			 considerations of social or economic status, personal attributes, or the nature
			 of health problems;
(3) Be
			 responsible for the competent and efficient performance of his or her assigned
			 duties and shall expose incompetence and illegal or unethical conduct of
			 members of the profession;
(4) Hold
			 in strict confidence all privileged information concerning the patient and
			 refer all inquiries to the physician in charge of the patient's medical
			 care;
(5) Uphold the dignity and
			 honor of the profession and abide by its ethical principles;
(6) Be familiar with existing state and
			 federal laws governing the practice of respiratory care and comply with those
			 laws;
(7) Cooperate with other
			 health care professionals and participate in activities to promote community,
			 state, and national efforts to meet the health needs of the public.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 29 - Board of Respiratory Care › Section 201 KAR 29:030 - Complaint processing procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				314A.225
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				314A.205(1) requires the
				board to investigate persons engaging in practices which violate the provisions
				of KRS Chapter 314A. This administrative regulation establishes the detailed
				procedures for the investigation of complaints received by the board.
Section 1. Definitions.
(1) "Chairperson" means the presiding
			 official of the board.
(2) "Charge"
			 means a specific allegation contained in a formal complaint issued by the board
			 alleging a violation of a specified provision of KRS Chapter 314A or the
			 administrative regulations promulgated thereunder.
(3) "Complaint" means any written allegation
			 alleging misconduct which might constitute a violation of KRS Chapter 314A or
			 the administrative regulations promulgated thereunder by a certified individual
			 or other person.
(4) "Formal
			 complaint" means a formal administrative pleading authorized by the board which
			 sets forth charges against a certified individual or other person and commences
			 a formal disciplinary proceeding.
(5) "Hearing officer" means the person
			 designated and given authority by the board to preside over all proceedings
			 pursuant to the issuance of any formal complaint.
(6) "Informal proceedings" means the
			 proceedings instituted at any stage of the disciplinary process with the intent
			 of reaching an informal dispensation of any matter without further recourse to
			 formal disciplinary procedures.
(7)
			 "Investigative assistant" means an appropriately-certified individual
			 designated by the board to assist the board's attorney in the investigation of
			 a complaint or an investigator employed by the Attorney General or the
			 board.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 29 - Board of Respiratory Care › Section 201 KAR 29:040 - Posthearing procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 314A.225
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				314A.225 mandates a hearing upon the filing
				of a complaint alleging a violation of KRS Chapter 314A or the administrative
				regulations promulgated thereunder. This administrative regulation establishes
				procedures following the conducting of a hearing pursuant to KRS Chapter
				13B.
Section 1. Notification of Final
			 Decision of the Board of Directors. The board, upon completion of the hearing
			 and final approval, shall send notification to the following:
(1) Certificate holder;
(2) Employer;
(3) Appropriate national and state agencies;
			 and
(4) The National Board of
			 Respiratory Care, or its equivalent.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 29 - Board of Respiratory Care › Section 201 KAR 29:050 - Continuing education requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				314A.115
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				314A.115 requires the submission of proof of
				continuing education in order to renew certification. This administrative
				regulation delineates the requirements for continuing education and prescribes
				methods and standards for the accreditation of continuing education
				courses.
Section 1. Definitions.
(1) "AARC" means American Association for
			 Respiratory Care.
(2) "Academic
			 courses" means courses offered by an accredited postsecondary institution
			 including:
(a) A respiratory care course,
			 designated by a respiratory care course number, beyond the premandatory
			 certification level; and
(b) An
			 academic course applicable to respiratory care practice and appropriate for the
			 respiratory care practitioner employed in the areas of clinical practice,
			 administration, education, or research.
(3) "American Association for Respiratory
			 Care approval" or "AARC approval" means any offering having received
			 recognition by this organization.
(4) "Approved" means Kentucky Board of
			 Respiratory Care (KBRC) recognized.
(5) "Continuing education unit" means sixty
			 (60) contact minutes of participating in continuing education
			 experiences.
(6) "Offering" means
			 an organized learning experience:
(a) Planned
			 and evaluated to meet behavioral objectives; and
(b) Presented in one (1) session or in a
			 series.
(7) "Relevant"
			 means having content applicable to the practice of respiratory care.
(8) "Sponsor" means an individual or
			 organization, other than AARC, applying for approval of continuing education
			 programs.
(9) "Successful
			 completion" means that the practitioner has:
(a) Satisfactorily met and can appropriately
			 document the specific requirements of the offering; and
(b) Earned the continuing education
			 units.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 29 - Board of Respiratory Care › Section 201 KAR 29:060 - Continuing education requirements for persons on inactive status; waiver

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				314A.115
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				314A.115 requires a certificate holder to
				show evidence of continuing education in order to renew certification. This
				administrative regulation delineates the continuing education requirements for
				mandatory certificate holders on inactive status, as well as the circumstances
				under which waivers or extensions for the requirements may be granted.
Section 1.
(1) The board may, in individual cases
			 involving medical disability, illness, or military duty, grant waivers of the
			 minimum continuing education requirements or extensions of time within which to
			 fulfill the requirements or make the required reports.
(2) A written request for waiver or extension
			 of time shall be submitted by the person holding mandatory certification and
			 shall be accompanied by a verifying document signed by a licensed physician, or
			 a copy of orders for military deployment.
(3) A waiver of the minimum continuing
			 education requirements or an extension of time within which to fulfill the same
			 may be granted by the board for a period of time not to exceed one (1) calendar
			 year.
(4) If the medical
			 disability, illness, or military duty upon which a waiver or extension has been
			 granted continues beyond the period of the waiver or extension, the person
			 holding mandatory certification shall reapply.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 29 - Board of Respiratory Care › Section 201 KAR 29:070 - Scope of practice

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				314A.100
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation clarifies the types of activities which are permissible by persons
				holding certification as a respiratory care practitioner.
Section 1. Definitions. "Agency or facility
			 guidelines" shall mean a written set of guidelines for initiating, adjusting or
			 discontinuing care which have been approved by the medical director. The
			 "agency or facility guidelines" shall also describe the specific training or
			 education necessary to enable the respiratory care practitioner to competently
			 perform each of these procedures.
Section
			 2. A respiratory care practitioner shall perform respiratory care
			 procedures not specified by
			 KRS 314A.100 in
			 accordance with agency or facility guidelines.
Section 3.
(1) A respiratory care practitioner shall be
			 responsible for practicing within his level of competence.
(2) The following conduct by a respiratory
			 care practitioner shall constitute unethical conduct in the practice of
			 respiratory care:
(a) Failure to practice
			 within their level of competence;
(b) Engaging in those procedures specifically
			 prohibited by
			 KRS 314A.100;
			 or
(c) Performing procedures not
			 listed in the agency or facility guidelines.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 30 - Real Estate Appraisers Board › Section 201 KAR 30:040 - Professional standards of practice and conduct

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				324A.035,
				324A.050(1)(j),
				12
				C.F.R. 225.62-225.67,
				12
				U.S.C. 3331,
				3336,
				3339
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				324A.020 and
				324A.035
				require the Real Estate Appraisers Board, with the approval of the executive
				director of the Kentucky Real Estate Authority, to promulgate administrative
				regulations necessary to carry out the provisions of
				KRS
				324A.010 to
				324A.090.
				KRS
				324A.035(3)(d) requires the
				board to establish by administrative regulation standards of professional
				appraisal practice.
				12
				U.S.C. 3331,
				3336,
				and
				3339
				and
				12 C.F.R.
				225.64 and
				225.65
				require that real estate appraisals in connection with federally related
				transactions be performed in accordance with appraisal standards promulgated by
				the Appraisal Standards Board of the Appraisal Foundation. This administrative
				regulation establishes the scope of practice and professional standards of
				conduct, and includes the supervision requirements for associate
				appraisers.
Section 1. USPAP
			 Compliance.
(1) Certificate holders and
			 licensees listed in paragraphs (a) through (e) of this subsection shall comply
			 with the Uniform Standards of Professional Appraisal Practice:
(a) A certified general real property
			 appraiser;
(b) A certified
			 residential real property appraiser;
(c) A licensed residential real property
			 appraiser;
(d) An associate real
			 property appraiser; and
(e) A
			 licensed nonfederal real property appraiser.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 30 - Real Estate Appraisers Board › Section 201 KAR 30:070 - Grievances

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				324A.020,
				324A.050,
				324A.052
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				324A.020 and
				324A.035
				require the Real Estate Appraisers Board, with the approval of the executive
				director of the Kentucky Real Estate Authority, to promulgate administrative
				regulations necessary to carry out the provisions of
				KRS
				324A.010 to
				324A.090.
				KRS
				324A.020 authorizes the board to investigate
				allegations of wrongdoing under KRS Chapter 324A.
				KRS
				324A.050 authorizes the board to take
				disciplinary action against the certificate holder or licensee, and
				KRS
				324A.162 authorizes the board to take
				disciplinary action against a registrant of an appraiser or appraisal
				management company, for violations of KRS Chapter 324A. This administrative
				regulation establishes the procedures for filing grievances with the
				board.
Section 1. Grievance and
			 Answers.
(1) Grievances submitted against a
			 certificate holder, licensee, or registrant shall:
(a) Be submitted in writing;
(b) Identify the person or organization
			 submitting the grievance, unless submitted anonymously;
(c) Contain a concise statement of the facts,
			 transaction, or occurrence upon which it is based;
(d) Include exhibits or other documents, if
			 applicable;
(e) Be served on the
			 certificate holder, licensee, or registrant by the board:
1. At the last known address of the
			 certificate holder, licensee, or registrant; and
2. By certified mail, return receipt
			 requested; and
(f) Be
			 filed by the grievant within five (5) years from the date the grievant knew or
			 should have known of the alleged violation.
Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 30 - Real Estate Appraisers Board › Section 201 KAR 30:110 - Appraiser roster and fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				324A.020,
				324A.035,
				324A.040,
				324A.045,
				324A.047,
				324A.065,
				12
				U.S.C. 3331-3351
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				324A.020 and
				324A.035
				require the Real Estate Appraisers Board, with the approval of the executive
				director of the Kentucky Real Estate Authority, to promulgate administrative
				regulations necessary to carry out the provisions of
				KRS
				324A.010 to
				324A.090.
				KRS
				324A.020 authorizes the board to provide a
				list of certified appraisers to the Appraisal Subcommittee of the Federal
				Financial Institutions Examination Council.
				12
				U.S.C. 3338(a)(1) requires
				the board to maintain and transmit a roster of all licensed or certified
				appraisers.
				KRS
				324A.065 requires the board to establish by
				administrative regulation and collect fees for certification or licensure as an
				appraiser, and
				KRS
				324A.035 requires the board to set the
				conditions for certification and renewal of licensure.
				KRS
				324A.047 requires the board to set a fee for
				inactive status. This administrative regulation establishes requirements
				relating to the roster of appraisers and establishes fees for initial
				application, annual renewal, roster, and examination, for both federally and
				nonfederally related transactions.
Section
			 1. Appraiser Roster.
(1) The
			 board shall maintain a roster of associate real property appraisers, licensed
			 residential real property appraisers, certified residential real property
			 appraisers, and certified general real property appraisers.
(2) The board shall collect an annual roster
			 fee as established in Section 3 of this administrative regulation from each
			 licensed residential real property appraiser, certified residential real
			 property appraiser, and certified general real property appraiser.
(3) The board shall transmit the roster,
			 minus the list of associate real property appraisers, and appropriate roster
			 fees to the Appraisal Subcommittee of the Federal Financial Institutions
			 Examination Council at least annually.