Current through Register Vol. 51, No. 3, September 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.
Section 2. Accrual of CE Hours; Computation
of Accrual.
(1) A licensee shall accrue a
minimum of twelve (12) CE hours during a two (2) year licensure period for
renewal of a license, beginning on the date of license issue.
(2) A minimum of three (3) of the twelve (12)
hours required by subsection (1) of this section shall be accrued in the field
of professional ethics.
(3) All CE
hours shall be in or related to the practice of massage therapy.
(4) Coursework related to therapeutic
techniques conducted on animals shall not be approved for continuing education
credit.
Section 3.
Acquisition of CE Hours.
(1) CE hours
applicable to the renewal of a license shall be directly related to the
professional growth and development of massage therapy practitioners. CE hours
may be earned by completing any of the educational activities described in this
subsection.
(a) Courses Not Requiring Board
Review and Approval. Courses from the following sources shall be relevant to
the practice of massage therapy and shall be approved if the course is in or
relates to massage therapy and does not violate any of the prohibitions
contained in this administrative regulation:
1. Courses and Learning Opportunities
approved by the NCBTMB;
2. Courses
offered by the AMTA and its state affiliates;
3. Courses approved by the NCCAOM;
4. Courses offered by the AOBTA and its state
affiliates;
5. Courses offered by
the ABMP;
6. Kentucky board
approved massage therapy programs of instruction or massage therapy programs
duly licensed to operate in other states;
7. Relevant academic courses completed in a
degree-granting college or university accredited by an agency that is approved
by the Council on Higher Education Accreditation (CHEA); or
8. Courses offered by the FSMTB.
(b) Programs Requiring Board
Review and Approval. All other programs, including self-paced learning courses
and in-service training provided by organizations, educational institutions, or
other service providers not listed in paragraph (a) of this subsection, and
programs or academic courses presented by the licensee shall require approval
by the board.
(c) Required Training
for pulsed electromagnetic field (PEMF) or microcurrent devices. Massage
therapists who use PEMF therapy or microcurrent devices shall be able to prove
training in the use of the device they employ. This training may be provided by
entities described in subsection(1)(a) and (b) of this section, or by the
manufacturer of the device if the Applications Committee reviews the training
and finds that it provides clear guidelines for proper application,
indications, and contraindications. Manufacturer training shall not be
considered for CE credit unless the training has been approved by the board as
described in subsection(1)(b) of this section.
(2) Presenters of relevant programs or
academic courses may earn double continuing education credit for the length of
presentation time, not to exceed six (6) CE hours per renewal cycle.
(3) Credit shall not be issued for repeated
instruction of the same course.
(4)
A licensee shall not receive credit for completing the same CE course within
the two (2) year renewal period.
Section 4. Documentation of CE Hours.
(1) A licensee shall furnish the following
information regarding completion of the appropriate number of CE hours for the
current renewal period:
(a) Name of course,
date, and the author or instructor;
(b) Name of providing organization and the
location of the course;
(c) The
number of hours attended;
(d)
Provider number;
(e) Provider name
and telephone number for board verification;
(f) Official transcripts with a raised seal
showing academic credits and grades awarded if courses are received from a
university, college, or vocational technical adult education facility;
and
(g) Documentation of
completion, if requested by the board.
(2) A licensee who supplies false information
to the board in order to comply with the CE requirements of this administrative
regulation shall be subject to disciplinary action that may include suspension
or revocation of license.
Section
5. Procedures for Preapproval of Continuing Education Courses.
(1) An entity seeking to obtain approval of a
continuing education course prior to its offering shall complete a Continuing
Education Program Application and submit it to the board at least sixty (60)
days in advance of the commencement of the course, stating the:
(a) Type of learning activity;
(b) Subject matter;
(c) Names and qualifications of the
instructors;
(d) Number of CE hours
offered; and
(e) Statement of how
the CE course relates to massage therapy.
(2) A CE activity shall be preapproved if the
activity being presented:
(a) Is an organized
course of learning;
(b) Pertains to
subject matters that integrally relate to the practice of massage
therapy;
(c) Contributes to the
professional competency of the licensee; and
(d) Is conducted by an individual with
approved educational training or experience.
(3) The board shall review preapproval
requests meeting the board's deadline at the board meeting immediately
following the submittal and receipt of all required materials. An entity shall
submit a preapproval request, and all required materials shall be received by
the board at least one (1) business day before the board meeting. The board may
defer a preapproval request to the next board meeting if the request did not
meet the deadline established in this subsection.
Section 6. Responsibilities and Reporting
Requirements of Licensees. A licensee shall:
(1) Identify the licensee's own continuing
education needs, take the initiative in seeking continuing professional
education activities to meet these needs, and seek ways to integrate new
knowledge, skills, and attitudes;
(2) Select approved activities by which to
earn CE hours;
(3) Maintain records
of CE hours, for a period of two (2) years from the date of renewal;
and
(4) Document attendance and
participation in a CE activity by providing official transcripts, copies of
certificates, or verification of completion, if requested.
Section 7. Carry-over of CE Hours.
(1) A maximum of six (6) CE hours may be
carried over into the next renewal period.
(2) A licensee shall maintain records related
to carry-over CE hours and submit those CE hours to the board if the licensee
elects to utilize those hours for the fulfillment of the continuing education
requirement for the current renewal period.
(3) A continuing education course shall only
be used for the fulfillment of the continuing education requirement for a
single renewal period and shall not be subdivided for utilization in multiple
renewal periods.
Section
8. Appeal Procedure If Approval for CE Hours is Denied. If an
application for approval of CE hours is disapproved, the licensee may request
reconsideration by the board. The request shall be in writing and shall be
received by the board within thirty (30) days after the date of the board's
decision denying approval of the CE hours.
Section 9. Audit of CE Activities. The board
may audit the documentation of a licensee's CE hours for the current renewal
period. If notified by the board, the licensee shall respond to the audit
within thirty (30) days of the date of the request.
Section 10. Waiver or Extension of Continuing
Education.
(1) The board shall, in individual
cases involving medical disability, illness, undue hardship, active military
service, or other similar extenuating circumstance that precludes the
individual's completion of the requirements, waive CE requirements or grant an
extension of time within which to fulfill the requirements if the board
receives:
(a) A written request for waiver or
extension of time; and
(b)
1. Verifying documentation signed by a
licensed physician or proper military personnel, if applicable; or
2. Documentation to support the
waiver.
(2) A
waiver of the minimum CE requirements or an extension of time within which to
fulfill the CE requirements may be granted by the board for a period not to
exceed one (1) calendar year. If the circumstance extends beyond the period of
the waiver or extension, the licensee shall reapply for the waiver or
extension.
Section 11.
Incorporation by Reference.
(1) "Continuing
Education Program Application", 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, 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(3)