Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
12.357,
216A.070(4)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
216A.070(3) authorizes the
Board of Licensure for Long-term Care Administrators to promulgate
administrative regulations necessary for the proper performance of its duties.
KRS
216A.070(4) authorizes the
board to promulgate administrative regulations concerning the issuance of a
temporary permit to an individual to practice the art of long-term care
administration.
KRS
12.357 requires administrative bodies who
issue licenses to issue temporary licenses or certificates to the spouses of
active duty military members of the Armed Services of the United States within
thirty (30) days if the spouse meets the statutory requirements and applies in
a format promulgated in administrative regulation. This administrative
regulation establishes the requirements for issuance of a temporary permit for
Long-term Care Administrators.
Section
1. Temporary Permits Issued to Fill Emergency Vacancies.
(1) The Department of Professional Licensing
may, following consultation with a board member, issue a temporary permit to
practice as a long-term care administrator to an applicant if:
(a) The applicant has submitted an
Application for Licensure, form KBLTCA-1, incorporated by reference in
201
KAR 6:040;
(b) The applicant has completed all of the
requirements established in
201 KAR
6:020 except the examination required pursuant to
201 KAR
6:020, Section 2(2), and the management experience
required by
201 KAR
6:020, Section 2(3);
(c) The facility where the applicant is to be
employed as the administrator is without a licensed administrator;
and
(d) The facility owner, or a
duly authorized representative of the facility, provides a written request and
supporting information to the board indicating that an emergency situation
exists.
(2) An emergency
situation shall exist if:
(a) The facility is
without a licensed long-term care administrator; and
(b) A licensed long-term care administrator
is not available to fill the position.
(3) The request for temporary permit shall
include payment of the temporary permit fee established in
201 KAR 6:060, Section
3.
Section 2. Temporary
Permits Issued to Spouses of Active Military Members.
(1) The spouse of an active duty military
member of the Armed Forces of the United States may apply for a temporary
permit at any time.
(2) The
Department of Professional Licensing shall, following consultation with a board
member, issue a temporary permit to practice as a long-term care administrator
to the spouse of an active duty military member within thirty (30) days of
receipt of the Application for Licensure, form KBLTCA-1, incorporated by
reference in
201
KAR 6:040, requesting a temporary permit if:
(a) The applicant has completed all of the
requirements established in
201 KAR
6:020 except the examination required pursuant to
201 KAR
6:020, Section 2(2), and the management experience
required by
201 KAR
6:020, Section 21(3);
(b) The applicant has provided proof they are
married to an active duty member of the Armed Services of the United
States;
(c) The applicant has
provided proof that the applicant holds a valid license or certificate for the
profession issued by another state, the District of Columbia, or any possession
or territory of the United States;
(d) The applicant has provided proof that the
applicant's spouse is assigned to a duty station in this Commonwealth pursuant
to the spouse's official active duty military orders; and
(e) The applicant has paid the temporary
permit fee established in
201 KAR 6:060, Section
3.
Section 3.
Restrictions on Temporary Permits.
(1) A
temporary permit shall not be transferred to another individual.
(2) A temporary permit shall, in accordance
with
KRS
216A.070(4) or
KRS
12.357:
(a)
Be effective for no longer than six (6) months from the date it was granted;
and
(b) Not be renewed by the
permit holder.
(3) The
holder of a temporary permit issued pursuant to Section 1 of this
administrative regulation may be relocated to another location if an emergency
exists at that location during the period in which the permit is effective and
a separate request for a declaration of emergency is filed and approved by the
board pursuant to Section 1(1)(d) of this administrative regulation.
(4) An individual shall not be granted a
temporary permit more than once during a five (5) year period.
(5) A temporary permit shall not authorize
the individual to whom the permit was issued to manage more than one (1)
facility at the same time.
(6) All
temporary permits shall be subject to review by the board at the meeting
immediately following issuance of the permit. The board shall revoke a
temporary permit that does not satisfy the requirements of
KRS
216A.070(4),
KRS
12.357, or this administrative
regulation.
STATUTORY AUTHORITY:
KRS
12.357,
216A.070(3),
(4)
