Current through Register Vol. 50, No. 9, March 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.
Section 2.
(1) To comply with
KRS
309.358(1)(f), an applicant
shall submit to the board, upon application, an official transcript or
certificate that:
(a) Shows the completion of
at least 600 classroom hours earned at a board approved massage therapy
program; and
(b) Itemizes
compliance with the clock hour requirements established in
KRS
309.363(1)(b).
(2) Board approved massage therapy
programs include only those programs holding a certificate of good standing
issued pursuant to
KRS
309.363,
309.3631,
and
201 KAR
42:080.
(3) A massage therapy school which has
registered and obtained a school code assignment with the National
Certification Board for Therapeutic Massage and Bodywork (NCBTMB) shall
maintain good standing with the NCBTMB during the entire period the applicant
attended the school. Suspension or revocation of the NCBTMB school code at any
time during that period shall constitute grounds for:
(a) Denial of an application for licensure by
graduates of that school; and
(b)
Revocation of a certificate of good standing held by the massage therapy
school.
(4) A school's
non-renewal of an NCBTMB code while in good standing shall not preclude an
applicant from obtaining licensure.
Section 3. Examinations.
(1) An applicant shall successfully pass an
examination:
(a) Listed in
KRS
309.358(1)(g); or
(b) Approved by the board pursuant to
KRS
309.358(1)(g) and listed in
subsection (4) of this section.
(2) An examination shall be approved by the
board as meeting the standard established in
KRS
309.358(1)(g) if the board
finds that the examination:
(a) Has been
scientifically constructed to be valid and objective;
(b) Reflects the curriculum content
established in
KRS
309.363(1);
(c) Has security procedures to protect the
exam content; and
(d) Has clear
application, reporting, and appeal procedures.
(3) Approval of exams shall be noted in the
board minutes and on the board Web site at
http://bmt.ky.gov.
(4) The following examinations have been
approved by the board pursuant to
KRS
309.358(1)(g):
(a) The Massage and Bodywork Licensing
Examination (MBLEx) or other exam administered by the Federation of State
Massage Therapy Boards (FSMTB);
(b)
An entry level examination administered by the National Certification Board for
Therapeutic Massage and Bodywork (NCBTMB);
(c) Any examination of a certifying agency
approved by National Commission on Certifying Agencies (NCCA);
(d) An entry level massage therapy
examination administered by the National Board Certification Agency
(NBCA);
(e) The State of Ohio
Massage Therapy Licensing Exam; and
(f) The State of New York Massage Therapy
Licensing Exam.
Section
4.
(1) An applicant with a
criminal history, excluding minor traffic violations, may be required to
participate in an in-person interview with the board's Application Committee
prior to licensure. The purpose of this interview shall be to find if the
applicant meets the requirement for good moral character established in
KRS
309.358(1)(c). The interview
shall be conducted pursuant to the board's authority under
KRS
309.355(2),
309.362(1)(b),
and
309.362(2)
and in accordance with
KRS
335B.010 to
335B.070.
(2) All applicants shall submit a recent
fingerprint-supported background check performed by the Kentucky State Police
and the Federal Bureau of Investigation. The required background check shall be
applied for within the ninety (90) days preceding the date of submission of the
application for licensure to the board.
Section 5. Appeals.An applicant may appeal
the denial of his or her licensure application by requesting a hearing in
accordance with
KRS
309.362(2). In order to
request a hearing, the applicant shall file a notice of appeal in writing
within thirty (30) days of the date of the letter informing the applicant of
the denial.
Section 6.
Incorporation by Reference.
(1) The
"Application for Licensure as a Massage Therapist", June 2021, is incorporated
by reference.
(2) This material may
be inspected, copied, or obtained, subject to applicable copyright law, at the
Department of Professional Licensing, 500 Mero Street, Frankfort, Kentucky
40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. The board's Web site
address is:
https://bmt.ky.gov/.
STATUTORY AUTHORITY:
KRS 309.355(1),
(3)
