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Form a Business

MISCELLANEOUS OCCUPATIONS AND PROFESSIONS

KRS tit. XXVI, ch. 309
in effect

KRS 309.080 Definitions for KRS 309.080 to 309.089

309.080. Definitions for KRS 309.080 to 309.089 As used in KRS 309.080 to 309.089, unless the context otherwise requires: (1) "Associate alcohol and drug counselor I" means a person certified by the board who meets the requirements of KRS 309.0841; (2) "Associate alcohol and drug counselor II" means a person certified by the board who meets the requirements of KRS 309.0842; (3) "Board" means the Kentucky Board of Alcohol and Drug Counselors; (4) "Certified alcohol and drug counselor" means a person certified by the board who meets the requirements in KRS 309.083; (5) "Certified clinical supervisor" means a person certified by the board who meets the requirements of KRS 309.0834; (6) "Certificate holder" means an alcohol and drug counselor who is certified pursuant to KRS 309.080 to 309.089; (7) "Licensed alcohol and drug counselor" means a person licensed by the board who meets the requirements of KRS 309.0830; (8) "Licensed clinical alcohol and drug counselor" means a person licensed by the board who meets the requirements of KRS 309.0832; (9) "Licensed clinical alcohol and drug counselor associate" means a person licensed by the board who meets the requirements of KRS 309.0833; (10) "Licensee" means a clinical alcohol and drug counselor who is licensed pursuant to KRS 309.080 to 309.089; (11) "Practice of alcohol and drug counseling": (a) Means the assessment and counseling of an individual, family, or group dealing with an alcohol or drug problem or addiction; and (b) Does not include the diagnosis or treatment of a mental health condition, or the administration or interpretation of psychological tests; (12) "Registered alcohol and drug peer support specialist" means a person registered by the board who meets the requirements in KRS 309.0831; and (13) "Registrant" means an alcohol and drug peer support specialist who is registered pursuant to KRS 309.080 to 309.089. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 89, sec. 1, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 107, sec. 3, effective March 24, 2021. -- Amended 2020 Ky. Acts ch. 99, sec. 4, effective March 1, 2021. -- Amended 2015 Ky. Acts ch. 29, sec. 1, effective June 24, 2015. -- Created 1996 Ky. Acts ch. 96, sec. 1, effective July 15, 1996. Legislative Research Commission Note (7/15/2024). Under the authority of KRS 7.136, the reviser of statutes has renumbered the subsections in this statute during codification to place the terms in alphabetical order. The words in the text were not changed.

KRS 309.081 Board of Alcohol and Drug Counselors

309.081. Board of Alcohol and Drug Counselors (1) There is hereby created the Kentucky Board of Alcohol and Drug Counselors consisting of eleven (11) members who shall be appointed by the Governor. One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business of alcohol and drug counseling, and the ten (10) remaining members shall be licensed clinical alcohol and drug counselors or certified alcohol and drug counselors, pursuant to KRS 309.080 to 309.089. The board shall elect a chairperson each year at the first meeting called after the appointment of new members. (2) Each member of the board shall serve for a term of four (4) years with a maximum of two (2) full consecutive terms. After one (1) year following the expiration of a second consecutive full term, a former member of the board may be reappointed to the board to serve a term of four (4) years with a maximum of two (2) full consecutive terms. (3) Each counselor member appointed to the board shall be a licensed clinical alcohol and drug counselor or certified alcohol and drug counselor and shall be actively engaged in the practice or teaching of alcohol and drug counseling in Kentucky. (4) All reappointments to and vacancies on the board shall be filled by the Governor from a list of three (3) names for each position that shall be submitted by the Kentucky Association of Addiction Professionals. The list shall consist of the three (3) nominees receiving the most votes in an election for each position to be filled. The election shall be administered by the Kentucky Association of Addiction Professionals, and nominations may be submitted by any interested party. The nominees shall be selected by all alcohol and drug counselors licensed or certified under KRS 309.080 to 309.089. Vacancies shall be filled for the remainder of an unexpired term in the same manner as set out in this subsection. (5) The citizen-at-large member shall be disqualified from serving on the board if: (a) The member, a person who is a part of the member's household, or the member's relative becomes associated with or financially interested in the business of alcohol and drug counseling, or participates or has participated in a professional field related to alcohol and drug counseling; or (b) The member, a person who is a pa rt of the member's household, or the member's relative becomes, or is in training to become, a licensed clinical alcohol and drug counselor or certified alcohol and drug counselor. (6) A counselor member of the board shall be disqualified from serving on t he board if: (a) He or she violates the code of professional ethics or standards of practice established pursuant to KRS 309.0813; or (b) He or she ceases to be a licensed clinical alcohol and drug counselor or certified alcohol and drug counselor in Kentu cky. (7) Each board member shall receive one hundred dollars ($100) per day for each day of service actually given in carrying out his or her duties under KRS 309.080 to 309.089, and shall also be reimbursed the necessary traveling, hotel, and contingent expenses incurred in attending the meetings and in performing the duties of the board. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 89, sec. 3, effective July 15, 2024. -- Amended 2015 Ky. Acts ch. 29, sec. 3, effective June 24, 2015. -- Created 1996 Ky. Acts ch. 96, sec. 3, effective July 15, 1996.

KRS 309.082 Revolving fund for implementation of KRS 309.080 to 309.089

309.082. Revolving fund for implementation of KRS 309.080 to 309.089 (1) All license, certificate, and registration fees, charges, and fines, and other moneys collected by the board under KRS 309.080 to 309.089 and the administrative regulations of the board, shall be deposited into the State Treasury and credited to a revolving fund to be used by the board in carrying out KRS 309.080 to 309.089, and are hereby appropriated for those purposes. (2) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward into the succeeding fiscal year. Any interest earnings of the fund shall become part of the fund and shall not lapse. Effective: June 24, 2015 History: Created 2015 Ky. Acts ch. 29, sec. 16, effective June 24, 2015.

KRS 309.083 Requirements for certification as alcohol and drug counselors

309.083. Requirements for certification as alcohol and drug counselors An applicant for certification as an alcohol and drug counselor shall pay the board the initial fee for certification, and shall: (1) Be at least eighteen (18) years of age; (2) Have obtained a baccalaureate degree, unless the applicant is certified by the board as an associate alcohol and drug counselor II; (3) Have completed the minimum work experience and supervision requirements for alcohol and drug counselors by the International Certification and Reciprocity Consortium with supervised hours being under the direct supervision of: (a) A certified alcohol and drug counselor who has at least two (2) years of post- certification experience and has attended the board-sponsored supervision training; or (b) A licensed clinical alcohol and drug counselor who has at least twelve (12) months of post-licensure experience or has attended the board-sponsored supervision training; (4) Meet all minimum supervision, education, and training requirements of the International Certification and Reciprocity Consortium for the Alcohol and Drug Counselor (ADC); (5) Have passed a written examination for alcohol and drug counselors that has been approved by the International Certification and Reciprocity Consortium; (6) Have signed an agreement to abide by the standards of practice and code of ethics approved by the board; (7) Have completed at least six (6) hours of ethics training; three (3) hours of domestic violence training; and two (2) hours of training in the transmission, control, treatment, and prevention of the human immunodeficiency virus; (8) Have submitted two (2) letters of reference from certified or licensed clinical alcohol and drug counselors; (9) Live or work at least a majority of the time in Kentucky; and (10) Have complied with the requirements for the training program in suicide assessment, treatment, and management in KRS 210.366 and any administrative regulations promulgated thereunder. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 89, sec. 4, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 99, sec. 7, effective March 1, 2021. -- Amended 2015 Ky. Acts ch. 29, sec. 6, effective June 24, 2015. -- Amended 2003 Ky. Acts ch. 36, sec. 1, effective June 24, 2003. -- Created 1996 Ky. Acts ch. 96, sec. 5, effective July 15, 1996.

KRS 309.084 Certification of applicants -- Administrative regulations

309.084. Certification of applicants -- Administrative regulations (1) The board shall license, certify, or register, as appropriate, any applicant who meets all of the requirements for licensure, certification, or registration set out in KRS 309.083, 309.0831, and 309.0832 and subsection (2) of this section, pays the fees established by the board, and is not disqualified pursuant to KRS 309.086. (2) (a) The board shall promulgate administrative regulations establishing a limited period of time, not less than ninety (90) days nor more than one (1) year, during which licensure may be extended to persons not meeting all the provisions of KRS 309.0832 if: 1. The person is a certified alcohol and drug counselor in Kentucky prior to June 24, 2015; and 2. The applicant has a master's degree or a doctoral degree in a behavioral science with clinical application from a regionally accredited college or university or a college or university accredited by an agency recognized by the United States Department of Education. (b) After the expiration of the time period established by the board in administrative regulation under paragraph (a) of this subsection, the applicant for licensure shall meet the qualifications established in KRS 309.0832 or 309.0833. (c) Applicants granted licensure under paragraph (a) of this subsection shall be granted authority to provide clinical supervision, as specified in regulations promulgated in accordance with KRS 309.0814(1), without delay to alcohol and drug counselors currently holding certification or licensure and those seeking certification or licensure. .Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 29, sec. 10, effective June 24, 2015. -- Amended 2003 Ky. Acts ch. 36, sec. 2, effective June 24, 2003. -- Created 1996 Ky. Acts ch. 96, sec. 6, effective July 15, 1996.

KRS 309.085 Renewal of licenses, certificates, and registrations -- Cancellation and reinstatement

309.085. Renewal of licenses, certificates, and registrations -- Cancellation and reinstatement (1) A license, certificate, or registration issued pursuant to KRS 309.084 shall be renewed every three (3) years upon: (a) Payment of the renewal fee as established pursuant to KRS 309.0813; and (b) Completion of continuing education requirements, as established by the board by promulgation of an administrative regulation, not to exceed sixty (60) hours per renewal period. (2) The board shall cancel any license, certificate, or registration not renewed within ninety (90) days after the renewal date; however, the board may reinstate the license, certificate, or registration upon its holder paying the renewal fee and satisfying the other reinstatement requirements as established by the board by administrative regulation within one (1) year of the anniversary date of issue of renewal. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 29, sec. 12, effective June 24, 2015. -- Created 1996 Ky. Acts ch. 96, sec. 7, effective July 15, 1996.

KRS 309.086 Revocation, suspension, probation, or restriction of license, certificate, or registration -- Hearings -- Appeals

309.086. Revocation, suspension, probation, or restriction of license, certificate, or registration -- Hearings -- Appeals (1) The board may revoke, suspend, place on probation, or restrict the license, certificate, or registration of a licensee, certificate holder, or registrant; refuse to issue or renew a license, certificate, or registration; and reprimand, admonish, or fine a licensee, certificate holder, or registrant for the following: (a) Fraud or deceit in obtaining licensure, certification, or registration; (b) Transferring the authority granted by the license, certificate, or registration to another person; (c) Using unfair, false, misleading, or deceptive trade practices; (d) Willfully or deliberately disregarding professional standards of practice or violating the code of ethics; (e) Aiding and abetting a person who obtains a license, certificate, or registration fraudulently; (f) Conspiring or combining with others to obtain a license, certificate, or registration to be used by an unlicensed, uncertified, or unregistered person with the intent to evade the provisions of KRS 309.080 to 309.089 and administrative regulations promulgated pursuant to those sections; (g) Negligence or incompetence in complying with the applicable code of ethics and standards of practice or failure to comply with continuing education requirements; (h) Violating KRS 309.080 to 309.089 and administrative regulations promulgated pursuant to those sections; or (i) Being convicted of any crime as defined in KRS 335B.010 in which an element of the crime is dishonesty or fraud, within the past three (3) years, if in accordance with KRS Chapter 335B. (2) The board shall, upon the request of a licensed clinical alcohol and drug counselor, certified alcohol and drug counselor, or registered alcohol and drug peer support specialist, or an applicant for licensure, certification, or registration, hold a hearing pursuant to KRS Chapter 13B before denying an application; refusing to renew a license, certificate, or registration; suspending a license, certificate, or registration; or imposing a fine. The affected party may appeal the board's decision in the Circuit Court where the licensee, certificate holder, or registrant resides. The action of the board shall remain in effect pending any appeals unless the board rescinds or modifies its order. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 41, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 29, sec. 13, effective June 24, 2015. -- Created 1996 Ky. Acts ch. 96, sec. 8, effective July 15, 1996.

KRS 309.087 Application for reinstatement of revoked license, certificate, or registration

309.087. Application for reinstatement of revoked license, certificate, or registration A person whose license, certificate, or registration has been revoked may apply for reinstatement, no earlier than one (1) year from the date of revocation, in accordance with administrative regulations promulgated by the board. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 29, sec. 14, effective June 24, 2015. -- Created 1996 Ky. Acts ch. 96, sec. 9, effective July 15, 1996.

KRS 309.088 Reciprocity for licensure, certification, and registration

309.088. Reciprocity for licensure, certification, and registration (1) The board may permit an out-of-state certified clinical supervisor, licensed alcohol and drug counselor, licensed clinical alcohol and drug counselor, certified alcohol and drug counselor, associate alcohol and drug counselor II, associate alcohol and drug counselor I, or alcohol and drug peer support specialist to obtain a license, certificate, or registration by reciprocity if: (a) The out-of-state licensee, certificate holder, or registrant possesses a valid license, certificate, or registration from another jurisdiction that grants the same privileges to persons licensed, certified, or registered by this state as Kentucky grants to persons licensed, certified, or registered by the other jurisdiction; (b) The requirements for licensure, certification, or registration are substantially similar to the requirements in KRS 309.080 to 309.089; and (c) The out-of-state licensee, certificate holder, or registrant seeking licensure, certification, or registration states that he or she has studied, is familiar with, and shall abide by KRS 309.080 to 309.089 and the administrative regulations promulgated thereunder. (2) If the requirements for licensure, certification, or registration under KRS 309.080 to 309.089 are more restrictive than the standards of the other jurisdiction, then the out-of-state licensee, certificate holder, or registrant shall comply with the additional requirements in KRS 309.080 to 309.089 to obtain a reciprocal license, certificate, or registration. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 89, sec. 9, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 107, sec. 6, effective March 24, 2021. -- Amended 2020 Ky. Acts ch. 99, sec. 11, effective March 1, 2021. -- Created 2015 Ky. Acts ch. 29, sec. 11, effective June 24, 2015.

KRS 309.089 Additional penalties for licensees, certificate holders, or registrants

309.089. Additional penalties for licensees, certificate holders, or registrants In addition to the sanctions set out in KRS 309.086, the board may impose the following sanctions on licensees, certificate holders, or registrants who violate the provisions of KRS 309.080 to 309.089 or administrative regulations promulgated pursuant to those sections: (1) Suspend a license, certificate, or registration for a period of up to five (5) years; and (2) Impose a fine of up to one thousand dollars ($1,000). Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 29, sec. 15, effective June 24, 2015. -- Created 1996 Ky. Acts ch. 96, sec. 10, effective July 15, 1996.

KRS 309.130 Definitions for KRS 309.130 to 309.1399

309.130. Definitions for KRS 309.130 to 309.1399 As used in KRS 309.130 to 309.1399, unless the context otherwise requires: (1) "Board" means the Kentucky Board of Licensure for Professional Art Therapists; (2) "Licensed professional art therapist" means a person who has completed a master's or doctoral degree program in art therapy, or an equivalent course of study, from an accredited educational institution, has completed all of the requirements set out in this chapter, and has been issued a license by the board for the independent practice of art therapy; (3) "Licensed professional art therapist associate" means a person who has: (a) Completed a master's or doctoral degree program in art therapy, or an equivalent course of study, from an accredited educational institution; and (b) Been issued a license by the board to practice art therapy under an approved clinical supervisor authorized by the board; (4) "License holder" means a licensed professional art therapist or a licensed professional art therapist associate licensed under the provisions of KRS 309.130 to 309.1399; (5) "The practice of professional art therapy" means the integrated use of psychotherapeutic principles, visual art media, and the creative process in the assessment, treatment, and remediation of psychosocial, emotional, cognitive, physical, and developmental disorders in children, adolescents, adults, families, and groups. Nothing in this subsection shall be construed to authorize any licensed professional art therapist to administer or interpret psychological tests in accordance with KRS Chapter 319; and (6) "Accredited institution" means a university or college accredited by a nationally- recognized accrediting agency of institutions of higher education, or an institution or clinical program approved by the American Art Therapy Association, Inc. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 80, sec. 1, effective June 25, 2013. -- Amended 2009 Ky. Acts ch. 48, sec. 1, effective June 25, 2009. -- Created 1994 Ky. Acts ch. 337, sec. 1, effective July 15, 1994. Legislative Research Commission Note (6/25/2009). 2009 Ky. Acts ch. 48, sec. 12, provides: "Any person who is certified as a professional art therapist on the effective date of this Act [6/25/2009] shall automatically be licensed on the effective date of this Act [6/25/2009] and shall be issued a copy of the license at the time his or her certificate was next scheduled to be renewed if at that time the person complies with the provisions of Section 6 of this Act [KRS 309.1335] and has not been the subject of disciplinary action under Sections 8 [KRS 309.137] and 10 [KRS 309.1375] of this Act."

KRS 309.131 Kentucky Board of Licensure for Professional Art Therapists

309.131. Kentucky Board of Licensure for Professional Art Therapists (1) There is hereby created the Kentucky Board of Licensure for Professional Art Therapists that shall be attached to the Department of Professional Licensing in the Public Protection Cabinet for administrative purposes. The board shall consist of five (5) members who are United States citizens and have been Kentucky residents for at least five (5) years prior to their appointment. The board membership shall be determined as follows: (a) Four (4) members shall be professional art therapists who are licensed pursuant to KRS 309.133, and shall have engaged in art therapy practice for at least five (5) years. These members shall not hold any elected or appointed office in any professional organization of art therapy or closely related field during their tenure on the board; and (b) One (1) member shall represent the public. The public member shall not have been licensed or have practiced as a professional art therapist, nor have any significant financial interest, either direct or indirect, in the profession of art therapy. (2) All members of the board shall be appointed by the Governor for staggered terms of four (4) years. (3) The four (4) professional members shall be appointed from a list of eight (8) names submitted by the board of directors of the Kentucky Art Therapy Association, Inc., and the one (1) public member shall be a citizen at large. Each member shall hold office until a successor is appointed. Vacancies shall be filled in the same manner as original appointments. No board member shall serve more than two (2) consecutive terms. (4) Each board candidate shall be licensed as an art therapist prior to nomination and shall be actively engaged in the practicing or teaching of art therapy, except for the one (1) public member. (5) Members of the board shall receive no compensation, perquisite, or allowance. (6) The board shall elect annually from its membership a chairman, secretary, and other officers as necessary to carry out its duties. (7) The board shall meet at least two (2) times each year. Additional meetings may be called by the chairman, upon the written request of at least two (2) members of the board. A simple majority of the board members shall constitute a quorum of the board. Effective:April 11, 2017 History: Amended 2017 Ky. Acts ch. 178, sec. 20, effective April 11, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1666, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 48, sec. 3, effective June 25, 2009. -- Created 1994 Ky. Acts ch. 337, sec. 2, effective July 15, 1994. Legislative Research Commission Note (6/25/2009). 2009 Ky. Acts ch. 48, sec. 12, provides: "Any person who is certified as a professional art therapist on the effective date of this Act [6/25/2009] shall automatically be licensed on the effective date of this Act [6/25/2009] and shall be issued a copy of the license at the time his or her certificate was next scheduled to be renewed if at that time the person complies with the provisions of Section 6 of this Act [KRS 309.1335] and has not been the subject of disciplinary action under Sections 8 [KRS 309.137] and 10 [KRS 309.1375] of this Act."

KRS 309.133 Requirements for licensure -- Licensure without examination -- Reciprocity

309.133. Requirements for licensure -- Licensure without examination -- Reciprocity (1) The board shall issue a license as a licensed professional art therapist to any person who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that the applicant is at least twenty-one (21) years of age, demonstrates professional competency by satisfactorily passing the required examination, is a registered art therapist as defined by the Art Therapy Credentials Board, Inc., is a board certified art therapist as defined by the Art Therapy Credentials Board, Inc., and has: (a) Received a master's degree or doctoral degree in art therapy that includes six hundred (600) hours of supervised internship experience from an accredited institution and has completed an additional one thousand (1,000) client contact hours of postgraduate experience under appropriate supervision; or (b) Received a master's degree or doctoral degree in a related field, has a minimum of twenty-one (21) semester hours of sequential course work in the history, theory, and practice of art therapy, has completed seven hundred (700) hours of supervised internship experience from an accredited institution, and has completed an additional two thousand (2,000) client contact hours of postgraduate experience under appropriate supervision. (2) The board may approve on a case-by-case basis applicants who have a master's degree or a doctoral degree from nonaccredited institutions. (3) If an applicant has met all of the requirements for licensure except satisfactorily passing the required examination, the applicant shall be scheduled to take the next examination following the approval of the application. (4) The board may issue a license to an applicant without examination if the person possesses a valid regulatory document issued by the appropriate examining board under the laws of any other state or territory of the United States, the District of Columbia, or any foreign nation that in the judgment of the board has requirements substantially equivalent to or exceeding the requirements in this section. (5) The board may set criteria for continuing education and supervisory experience. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 48, sec. 5, effective June 25, 2009. -- Created 1994 Ky. Acts ch. 337, sec. 4, effective July 15, 1994. Legislative Research Commission Note (6/25/2009). 2009 Ky. Acts ch. 48, sec. 12, provides: "Any person who is certified as a professional art therapist on the effective date of this Act [6/25/2009] shall automatically be licensed on the effective date of this Act [6/25/2009] and shall be issued a copy of the license at the time his or her certificate was next scheduled to be renewed if at that time the person complies with the provisions of Section 6 of this Act [KRS 309.1335] and has not been the subject of disciplinary action under Sections 8 [KRS 309.137] and 10 [KRS 309.1375] of this Act."

KRS 309.134 Licensure of professional art therapy associate -- Education -- Supervision -- Terms of licensure -- Advancement

309.134. Licensure of professional art therapy associate -- Education -- Supervision -- Terms of licensure -- Advancement (1) The board may issue a license as a professional art therapist associate for a period of up to five (5) years to an applicant who has; (a) Completed the educational requirements for registration with the Art Therapy Credentials Board, Inc.; (b) Obtained a board-approved supervisor of record; and (c) Paid the required fees. (2) A licensed professional art therapist associate shall maintain on-going supervision as approved by the board until he or she: (a) Is registered by the Art Therapy Credentials Board, Inc.; and (b) Has passed an examination approved by the board. (3) At the end of the five (5) year period approved under subsection (1) of this section, a licensed professional art therapist associate who has not completed the requirements for licensure as a professional art therapist shall submit to the board an application for an extension of licensure as a professional art therapy associate. The application shall include: (a) A plan for completing the requirements to obtain licensure as a professional art therapist; (b) Documentation of compliance with the continuing education requirements; (c) Reports of compliance with supervisory requirements; (d) Letters of recommendation from two (2) supervisors of record; and (e) Payment of an extension fee not to exceed one hundred dollars ($100). (4) Upon review of the application and accompanying documentation, the board may approve an extension of the license as a professional art therapist for a period of time not to exceed two (2) years. (5) If, at the end of the period of extension referenced in subsection (4) of this section, the applicant has not completed all requirements for licensure as a professional art therapist, the board shall rescind the license as a professional art therapist associate and the individual may no longer practice art therapy, or refer to himself or herself by any title which would indicate that he or she is credentialed by the board. (6) A licensed professional art therapist associate may apply for the credential of licensed professional art therapist upon: (a) Registration with the Art Therapy Credentials Board, Inc.; and (b) Passage of an examination approved by the board. (7) An individual who is a registered art therapist as defined by the Art Therapy Credentials Board, Inc., but who has not passed the required examination, shall: (a) Maintain the professional art therapist associate license in order to practice under board-approved supervision; and (b) Be scheduled to take the next examination following the approval of the professional art therapist license application. (8) A professional art therapist associate shall not supervise licensed professional art therapists, licensed professional art therapist associates, or applicants for these licenses. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 80, sec. 4, effective June 25, 2013.

KRS 309.135 Fees

309.135. Fees The board shall set the amount of the fees required to be paid by the applicants for licensure and the license holders including, but not limited to, the following: (1) For an application for initial licensure as a licensed professional art therapist, the fee shall be nonrefundable and shall not exceed two hundred dollars ($200); (2) For an application for initial licensure as a licensed professional art therapist associate, the fee shall be nonrefundable and shall not exceed one hundred dollars ($100); (3) To take an examination, the fee shall not exceed one hundred dollars ($100), or, if a national examination is used, the amount of the fee shall not exceed the cost of the examination by more than twenty-five percent (25%); (4) The renewal fee for a licensed professional art therapist shall not exceed two hundred dollars ($200); (5) The renewal fee for a licensed professional art therapist associate shall not exceed one hundred dollars ($100); (6) For a duplicate or replacement license, the fee shall not exceed twenty-five dollars ($25); (7) For failure to renew a license for a licensed professional art therapist within the allotted grace period pursuant to KRS 309.1335(3), the fee shall not exceed one hundred dollars ($100); (8) For failure to renew a license for a licensed professional art therapist associate within the allotted grace period pursuant to KRS 309.1335, the fee shall not exceed fifty dollars ($50); and (9) Other reasonable fees for administrative services. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 80, sec. 6, effective June 25, 2013. -- Amended 2009 Ky. Acts ch. 48, sec. 7, effective June 25, 2009. -- Created 1994 Ky. Acts ch. 337, sec. 6, effective July 15, 1994. Legislative Research Commission Note (6/25/2009). 2009 Ky. Acts ch. 48, sec. 12, provides: "Any person who is certified as a professional art therapist on the effective date of this Act [6/25/2009] shall automatically be licensed on the effective date of this Act [6/25/2009] and shall be issued a copy of the license at the time his or her certificate was next scheduled to be renewed if at that time the person complies with the provisions of Section 6 of this Act [KRS 309.1335] and has not been the subject of disciplinary action under Sections 8 [KRS 309.137] and 10 [KRS 309.1375] of this Act."

KRS 309.137 Disciplinary action

309.137. Disciplinary action (1) The board may refuse to issue a license or may deny any application, or suspend, or revoke, impose probationary conditions upon, issue a written reprimand or admonishment, or perform any combination thereof regarding any license held or applied for under the provisions of KRS 309.133 if the person: (a) Is found guilty of fraud, deceit, or misrepresentation in procuring or renewing or attempting to procure or renew a license to practice art therapy; (b) Committed any unfair, false, misleading, or deceptive act or practice; (c) Has been negligent in the practice of art therapy; (d) Is adjudicated mentally incompetent; (e) Is found guilty of a crime as defined in KRS 335B.010 involving sexual misconduct or where dishonesty is a necessary element, if in accordance with KRS Chapter 335B. Conviction includes all instances in which a plea of no contest is the basis of the conviction; (f) Is found guilty of unprofessional or unethical conduct in this or any other jurisdiction; (g) Has been using any controlled substance or alcoholic beverage to an extent or in a manner dangerous to the person, any other person, or the public, or to an extent that the use impairs the ability to perform as a licensed professional art therapist; (h) Has violated any provision of KRS 309.130 to 309.1399 or administrative regulations promulgated thereunder; (i) Failed to comply with an order issued by the board or an assurance of voluntary compliance; or (j) Willfully or negligently divulges a professional confidence. (2) A certified copy of the record of conviction shall be conclusive evidence of the conviction. (3) Disciplinary proceedings may be initiated upon the receipt by the board of a sworn complaint by any person, including members of the board. (4) Two (2) years from the date of revocation, any person whose license has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate the licensee if the board finds that the individual has complied with any terms prescribed by the board and is able to competently engage in the practice of art therapy. (5) If, after an investigation that includes an opportunity for the licensee to respond, the board determines that a violation took place but was not of a serious nature, it may issue a written admonishment to the licensee. A copy of the admonishment shall be placed in the permanent file of the licensee. The licensee shall have the right to file a response to the admonishment within thirty (30) days of its receipt and to have the response placed in the permanent licensure file. The licensee may alternatively, within thirty (30) days of the receipt, file a request for a hearing with the board. Upon receipt of this request, the board shall set aside the written admonishment and set the matter for a hearing under KRS Chapter 13B. (6) The surrender of a license shall not deprive the board of its jurisdiction to proceed with disciplinary actions authorized under KRS 309.130 to 309.1399. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 42, effective June 29, 2017. -- Amended 2009 Ky. Acts ch. 48, sec. 8, effective June 25, 2009. -- Created 1994 Ky. Acts ch. 337, sec. 7, effective July 15, 1994.

KRS 309.138 Licensed professional art therapy practice board fund

309.138. Licensed professional art therapy practice board fund There is hereby created in the State Treasury the licensed professional art therapy practice board fund. All funds received by the board under the provisions of KRS 309.133 to 309.137 shall be deposited with the State Treasurer for credit to the licensed professional art therapy board fund. The State Treasurer shall invest the fund as all other state funds are invested and income from investment of the fund shall be credited to the fund. The balance remaining in the fund at the end of any fiscal year shall not revert to the general fund. The money in the licensed professional art therapy board fund shall be appropriated to the board and shall be used for the purpose of carrying out the provisions of KRS 309.130 to 309.1399. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 48, sec. 9, effective June 25, 2009. -- Created 1994 Ky. Acts ch. 337, sec. 8, effective July 15, 1994.

KRS 309.300 Definitions for KRS 309.300 to 309.319

309.300. Definitions for KRS 309.300 to 309.319 As used in KRS 309.300 to 309.319, unless the context otherwise requires: (1) "Board" means Kentucky Board of Interpreters for the Deaf and Hard of Hearing. (2) "Committee" means Kentucky Board of Interpreters for the Deaf and Hard of Hearing Policy Committee. (3) "Consumer" means a person who is deaf, hard of hearing, or who requires special communication techniques in order to communicate. (4) "Interpreter" means a person who engages in the practice of interpreting. (5) "Interpreting" means the translating or transliterating of English concepts to any necessary specialized vocabulary used by a consumer or the translating of a consumer's specialized vocabulary to English concepts. Necessary specialized vocabularies include, but are not limited to, American Sign Language, English- based sign language, cued speech, and oral interpreting. (6) "Nationally recognized certification" means certification granted by a national organization that is based on a skills assessment of the applicant. These organizations include, but are not limited to, the Registry of Interpreters for the Deaf, the National Association of the Deaf, and the National Training, Evaluation, and Certification Unit. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 11, sec. 1, effective July 15, 1998.

KRS 309.301 Licensing for interpreters required -- Exceptions

309.301. Licensing for interpreters required -- Exceptions (1) Effective July 1, 2003, no person shall represent himself or herself as an interpreter or engage in the practice of interpreting as defined in KRS 309.300 unless he or she is licensed in accordance with the provisions of KRS 309.300 to 309.319. (2) The provisions of KRS 309.300 to 309.319 shall not apply to: (a) Nonresident interpreters working in the Commonwealth less than twenty (20) days per year; (b) Interpreters working at religious activities; (c) Interpreters working as volunteers without compensation. However, all volunteers interpreting for state agencies must be eligible for licensure as described in KRS 309.312; (d) Interpreters working in an emergency. An emergency is a situation where the consumer decides that the delay necessary to obtain a licensed interpreter is likely to cause injury or loss to the consumer; or (e) The activities and services of an interpreter intern or a student in training who is: 1. Enrolled in a program of study in interpreting at an accredited institution of higher learning; 2. Interpreting under the supervision of a licensed interpreter as part of a supervised program of study; and 3. Identified as an interpreter intern or student in training. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 11, sec. 2, effective July 15, 1998.

KRS 309.302 Kentucky Board of Interpreters for the Deaf and Hard of Hearing

309.302. Kentucky Board of Interpreters for the Deaf and Hard of Hearing (1) There is hereby created a board to be known as the "Kentucky Board of Interpreters for the Deaf and Hard of Hearing." (2) The board shall consist of seven (7) members appointed by the Governor as follows: (a) Five (5) practicing interpreters who hold current nationally recognized certification and have at least five (5) years interpreting experience; (b) One (1) deaf interpreter with past or current nationally recognized certification; and (c) One (1) consumer with knowledge about interpreter issues. (3) After the initial term of each appointment, all members shall be appointed for a term of four (4) years. (4) Board members shall not be allowed to succeed themselves but a former member may be reappointed to the board if that member has not served in the preceding four (4) years. (5) The members of the board shall receive no compensation for their services on the board, but they shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties. (6) The board shall annually elect a chairman, a vice chairman, and a secretary-treasurer from the members of the board. (7) The board shall hold at least one (1) meeting annually and additional meetings as the board may deem necessary. The additional meetings may be held upon call of the chairman or upon written request of a quorum. Four (4) members of the board shall constitute a quorum to conduct business. (8) Upon recommendation of the board, the Governor may remove any member of the board for neglect of duty or malfeasance in office. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 11, sec. 3, effective July 15, 1998.

KRS 309.304 Powers and duties of board -- Administrative regulations

309.304. Powers and duties of board -- Administrative regulations (1) The board shall administer and enforce the provisions of this chapter and shall have the responsibility of evaluating the qualifications of applicants for licensure and the issuance of licenses. (2) The board may issue subpoenas, examine witnesses, pay appropriate witness fees, administer oaths, and investigate allegations of practices violating the provisions of this chapter. (3) The board shall promulgate necessary and reasonable administrative regulations in accordance with KRS Chapter 13A and this chapter to effectively carry out and enforce the provisions of KRS 309.300 to 309.319, including regulations to establish authorized fees. Fees shall not exceed amounts necessary to generate sufficient funds to effectively carry out and enforce the provisions of KRS 309.300 to 309.319. (4) The board may conduct hearings in accordance with KRS Chapter 13B and keep records and minutes necessary to carry out the functions of KRS 309.300 to 309.319. (5) The board may renew licenses and require continuing education as a condition for renewal. (6) The board may suspend or revoke licenses, or impose supervisory or probationary conditions upon licensees, or impose administrative disciplinary fines, issue written reprimands, or any combination thereof. (7) The board may seek injunctive relief in Franklin Circuit Court to stop the unlawful practice of interpreting by unlicensed persons. (8) The board may employ any persons it deems necessary to carry on the work of the board, and shall define their duties and fix their compensation. (9) Beginning in 1999, on October 1 of each year, the board shall submit a report to the Legislative Research Commission indicating: (a) The current number of licensed interpreters; and (b) The number of complaints received against interpreters and any disciplinary action taken within the previous calendar year. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 11, sec. 4, effective July 15, 1998.

KRS 309.306 Fees credited to revolving fund

309.306. Fees credited to revolving fund (1) All fees and other moneys received by the board under the provisions of KRS 309.300 to 309.319 shall be deposited in the State Treasury to the credit of a revolving fund for the use of the board. (2) No part of this revolving fund shall revert to the general fund of this Commonwealth. (3) This revolving fund shall pay for the reimbursement of board members for actual and necessary expenses incurred in the performance of their official duties, the compensation of all of the employees of the board, and those operational expenses incurred in fulfilling the board's duties as described in administrative regulation. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 11, sec. 5, effective July 15, 1998.

KRS 309.308 Kentucky Board of Interpreters for the Deaf and Hard of Hearing Policy Committee

309.308. Kentucky Board of Interpreters for the Deaf and Hard of Hearing Policy Committee (1) There is hereby created a committee to be known as the "Kentucky Board of Interpreters for the Deaf and Hard of Hearing Policy Committee." (2) The committee shall consist of ten (10) members as follows: (a) The president or a designee of: 1. Kentucky Association of the Deaf; and 2. Kentucky Registry of Interpreters for the Deaf; (b) A representative from: 1. Kentucky Commission on the Deaf and Hard of Hearing (KCDHH); 2. Eastern Kentucky University Interpreter Training Program; 3. Kentucky Department of Education; 4. Kentucky Office of Vocational Rehabilitation; 5. Kentucky School for the Deaf; and 6. Cabinet for Health and Family Services; and (c) Two (2) members at large, who are consumers, appointed by the board. (3) The members of the committee shall receive no compensation for their services on the committee. The member from the Kentucky Association of the Deaf, the member from the Kentucky Registry of Interpreters for the Deaf, and the at-large members shall be reimbursed for actual and necessary expenses incurred in the performance of their committee duties. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 211, sec. 129, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 99, sec. 65, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 11, sec. 6, effective July 15, 1998.

KRS 309.310 Duties of policy committee

309.310. Duties of policy committee (1) The committee shall provide ongoing advice and input to the board regarding the criteria for licensure and the ratio between consumer demand and the existing supply of licensed interpreters or those eligible for licensure. (2) The committee shall make recommendations to the board regarding the content of relevant administrative regulations. (3) The committee shall provide ongoing review of professional development and support systems for interpreters including existing public and private education programs and training resources within the Commonwealth. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 11, sec. 7, effective July 15, 1998.

KRS 309.312 Eligibility for license and temporary license

309.312. Eligibility for license and temporary license (1) To be eligible for licensure by the board as an interpreter, the applicant shall submit an application which includes: (a) An application fee; and (b) Current certification from a nationally recognized organization at the requisite level for sign language interpreters, oral interpreters, or cued speech transliterators as determined by the board and promulgated by administrative regulation. (2) The board shall issue an interpreter license to an applicant who fulfills these requirements. The front of the license shall clearly list all certifications held by the licensee. (3) The board may issue a temporary license as an interpreter to an applicant who is certified at a level below that required for licensure in subsection (1) of this section. A temporary license shall be available for a person who is training under the supervision of a licensed interpreter under circumstances defined by the board in administrative regulation. A temporary license is valid for only a certain period until the licensee achieves the minimum level of certification required for licensure under subsection (1) of this section. A temporary license is not renewable although extensions may be granted under circumstances defined by administrative regulation. (a) For graduates of a baccalaureate interpreter training program, a temporary license shall be valid for up to one (1) year. (b) For graduates of an associate of arts interpreter training program, a temporary license shall be valid for up to two (2) years. (c) For nondegree applicants, a temporary license shall be valid for up to two (2) years. (4) Upon payment of the application fee, the board shall grant licensure to an applicant holding a valid license, certificate, or equivalent issued by another state if it is based upon standards equivalent to or exceeding the standards required by KRS 309.300 to 309.319. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 11, sec. 8, effective July 15, 1998.

KRS 309.314 Renewal and reinstatement of license -- Continuing education

309.314. Renewal and reinstatement of license -- Continuing education (1) Each person licensed as an interpreter shall annually, on or before July 1, submit to the board current proof of nationally recognized certification and pay a fee for the renewal of the interpreter license. The amount of the fee shall be promulgated by administrative regulation of the board. All licenses not renewed by July 1 of each year shall expire. (2) A sixty (60) day grace period shall be allowed after July 1, during which time individuals may continue to practice and may renew their licenses upon payment of the renewal fee plus a late renewal fee as promulgated by administrative regulation of the board. (3) All licenses not renewed by August 31 shall terminate based on the failure of the individual to renew in a timely manner. Upon termination, the licensee is no longer eligible to practice in the Commonwealth. (4) After the sixty (60) day grace period, but before five (5) years from the date of termination, individuals with a terminated license may have their licenses reinstated upon payment of the renewal fee plus a reinstatement fee as promulgated by administrative regulation of the board. (5) A suspended license is subject to expiration and termination and may be renewed as provided in KRS 309.300 to 309.319. Renewal shall not entitle the licensee to engage in the practice of interpreting until the suspension has ended or is otherwise removed by the board and the right to practice is restored by the board. (6) A revoked license is subject to expiration and termination but shall not be renewed. If it is reinstated, the licensee shall pay the reinstatement fee as set forth in subsection (4) of this section and the renewal fee as set forth in subsection (1) of this section. (7) The board may require that a person applying for renewal or reinstatement of licensure show evidence of completion of continuing education as prescribed by the board by administrative regulation. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 11, sec. 9, effective July 15, 1998.

KRS 309.316 Classification of offenses -- Investigation of wrongdoing -- Hearing -- Sanctions -- Hearing for denial of application

309.316. Classification of offenses -- Investigation of wrongdoing -- Hearing -- Sanctions -- Hearing for denial of application (1) The board shall by administrative regulation classify types of offenses and the recommended administrative action. The type of action to be taken shall be based on the nature, severity, and frequency of the offense. Administrative action authorized in this section shall be in addition to any criminal penalties provided in KRS 309.300 to 309.319 or under other provisions of law. (2) The board may investigate allegations of wrongdoing upon complaint or upon its own volition. The board shall establish procedures for receiving and investigating complaints by administrative regulation. (3) If the board's investigation reveals evidence supporting the complaint, the board shall set the matter for hearing in accordance with the provisions of KRS Chapter 13B before suspending, revoking, imposing probationary or supervisory conditions or an administrative fine, issuing a written reprimand, or any combination of actions regarding any license under the provisions of this chapter. (4) If, after an investigation that includes opportunity for the licensee to respond, the board determines that a violation took place but was not of a serious nature, it may issue a written admonishment to the licensee. A copy of the admonishment shall be placed in the permanent file of the licensee. The licensee shall have the right to file a response to the admonishment within thirty (30) days of its receipt and to have the response placed in the permanent licensure file. The licensee may alternatively, within thirty (30) days of the receipt, file a request for hearing with the board. Upon receipt of this request, the board shall set aside the written admonishment and set the matter for hearing under the provisions of KRS Chapter 13B. (5) After denying an application under the provisions of KRS 309.300 to 309.319, the board may grant a hearing to the denied applicant in accordance with the provisions of KRS Chapter 13B. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 11, sec. 10, effective July 15, 1998.

KRS 309.318 Board's disciplinary powers -- Reasons for sanctions -- Appeal to Franklin Circuit Court

309.318. Board's disciplinary powers -- Reasons for sanctions -- Appeal to Franklin Circuit Court (1) The board may refuse to issue a license or suspend, revoke, impose probationary conditions upon, impose an administrative fine, issue a written reprimand, or any combination thereof regarding any licensee upon proof that the licensee has: (a) Been convicted of a crime as described in KRS 335B.010(4) that directly relates to the occupation of interpreter, if in accordance with KRS Chapter 335B. A plea of "no contest" may be treated as a conviction for purposes of disciplinary action; (b) Knowingly misrepresented or concealed a material fact in obtaining a license or in reinstatement thereof; (c) Committed any fraudulent act or practice; (d) Been incompetent or negligent in the practice of interpreting; (e) Violated any state statute or administrative regulation governing the practice of interpreting; (f) Violated the code of ethics of the national organization issuing the licensee's certification as incorporated in administrative regulation; or (g) Violated any federal or state law considered by the board to be applicable to the practice of interpreting. (2) When the board issues a written reprimand to the licensee, a copy of the reprimand shall be placed in the permanent file of the licensee. The licensee shall have the right to submit a response within thirty (30) days of its receipt and to have that response filed in the permanent file. (3) At any time during the investigative or hearing processes, the board may accept an assurance of voluntary compliance from the licensee which effectively deals with the complaint. (4) The board may reconsider, modify, or reverse its probation, suspensions, or other disciplinary action. (5) Five (5) years from the date of a revocation, any person whose license has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate the license upon a finding that the individual has complied with any terms prescribed by the board and is again able to competently engage in the practice of interpreting. (6) Any party aggrieved by a disciplinary action of the board may bring an action in Franklin Circuit Court in accordance with the provisions of KRS Chapter 13B. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 43, effective June 29, 2017. -- Created 1998 Ky. Acts ch. 11, sec. 11, effective July 15, 1998.

KRS 309.319 Penalty

309.319. Penalty Any person who shall violate or aid in the violation of any of the provisions of KRS 309.301 shall be guilty of a Class B misdemeanor. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 11, sec. 12, effective July 15, 1998.

KRS 309.325 Definitions for KRS 309.325 to 309.339

309.325. Definitions for KRS 309.325 to 309.339 As used in KRS 309.325 to 309.339, unless the context requires otherwise: (1) "Board" means the Kentucky Board of Licensed Diabetes Educators; (2) "Diabetes education" means a comprehensive collaborative process through which people with or at risk for diabetes gain the knowledge and skills needed to modify behavior and successfully self-manage the disease and its related conditions; (3) "Licensed diabetes educator" means a health care professional who has met the requirements of KRS 309.335, 309.337, and 309.339 and who focuses on training or educating people with or at risk for diabetes and related conditions to change their behavior to achieve better clinical outcomes and improved health status. The nondiabetes educator health professional and the nonhealth-care professional who provide or support health care services to individuals with diabetes as defined by the American Association of Diabetes Educators, Competencies for Diabetes Educators, shall work under the direction of a qualified diabetes care provider; (4) "Practice of diabetes education" means assessing and developing a plan of care for a person with or at risk of diabetes, identifying self-management goals for the person, providing self-management training according to the plan, evaluating the individual's outcome and recording a complete record of the individual's experience and follow-ups; (5) "Apprentice diabetes educator" means a person who holds a permit issued by the board to practice diabetes education who meets the requirements of KRS 309.334 and the corresponding administrative regulations promulgated by the board; and (6) "Master licensed diabetes educator" means a licensed diabetes educator who has successfully completed the credentialing program of the American Association of Diabetes Educators or the National Certification Board for Diabetes Educators as a certified diabetes educator or a board-certified advanced diabetes manager. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 118, sec. 1, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 142, sec. 1, effective July 12, 2012. -- Created 2011 Ky. Acts ch. 87, sec. 1, effective June 8, 2011.

KRS 309.327 Use of titles -- Application and construction of KRS 309.325 to 309.339

309.327. Use of titles -- Application and construction of KRS 309.325 to 309.339 (1) A person shall use the title "master licensed diabetes educator," "licensed diabetes educator," or "apprentice diabetes educator" or hold himself or herself out as a "master licensed diabetes educator," "licensed diabetes educator," or "apprentice diabetes educator" or a title substantially similar, or engage in the practice of diabetes education, display a sign or in any other way advertise or present himself or herself as a person who practices diabetes education only if he or she holds a current, unsuspended and unrevoked license or permit issued by the board pursuant to KRS 309.325 to 309.339. (2) Nothing in KRS 309.325 to 309.339 shall apply to persons licensed, certified, or registered under any other provision of the Kentucky Revised Statutes, including but not limited to physicians, nurses, pharmacists, dietitians, and nutritionists or students in accredited training programs in those professions, and nothing in KRS 309.325 to 309.339 shall be construed to limit, interfere with, or restrict the practice, descriptions of services, or manner in which they hold themselves out to the public. (3) Nothing in KRS 309.325 to 309.339 shall be construed to alter, amend, or interfere with the practice of those who provide health care services, including but not limited to physicians, nurses, pharmacists, dietitians, and nutritionists. (4) Nothing in KRS 309.325 to 309.339 shall apply to activities and services of an accredited institution of higher education as part of a program of studies. Effective: July 1, 2014 History: Amended 2013 Ky. Acts ch. 118, sec. 4, effective July 1, 2014. -- Amended 2012 Ky. Acts ch. 142, sec. 2, effective July 12, 2012. -- Created 2011 Ky. Acts ch. 87, sec. 2, effective June 8, 2011.

KRS 309.328 Penalty for violation of KRS 309.327(1)

309.328. Penalty for violation of KRS 309.327(1) Any person who violates KRS 309.327(1) shall be guilty of a Class A misdemeanor. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 142, sec. 3, effective July 12, 2012.

KRS 309.329 Kentucky Board of Licensed Diabetes Educators

309.329. Kentucky Board of Licensed Diabetes Educators (1) There is hereby created the Kentucky Board of Licensed Diabetes Educators consisting of five (5) members who shall be appointed by the Governor as follows: (a) One (1) member shall be a licensed medical physician with experience in the delivery of diabetes education appointed from a list of three (3) names submitted by the State Board of Medical Licensure; (b) One (1) member shall be a registered nurse with experience in diabetes education appointed from a list of three (3) names submitted by the Kentucky Board of Nursing; (c) One (1) member shall be a pharmacist experienced in diabetes education, licensed under KRS Chapter 315, and appointed from a list of three (3) names submitted by the Kentucky Board of Pharmacy; (d) One (1) member shall be a licensed dietitian or certified nutritionist with experience in diabetes education appointed from a list of three (3) names submitted by the Kentucky Board of Licensure and Certification for Dietitians and Nutritionists; and (e) One (1) member shall be a citizen at large who is not employed in the health care field. One (1) of the members appointed under paragraph (b), (c), or (d) of this subsection shall have completed either the credentialing program of the American Association of Diabetes Educators or the National Certification Board for Diabetes Educators. (2) (a) The Governor shall initially appoint one (1) member and the citizen at large to terms of four (4) years, two (2) members to terms of three (3) years, and one (1) member to a term of two (2) years. (b) All reappointments to the board shall be for terms of four (4) years. (c) No member shall serve more than two (2) consecutive terms and shall serve on the board until his or her successor is appointed. (3) The board shall organize annually and elect one (1) of its members as chair and one (1) of its members as secretary. A quorum of the board shall consist of three (3) members. The board shall meet at least semiannually and upon the call of the chair, or at the request of two (2) or more members to the secretary of the board. (4) The board shall be placed for administrative purposes under the Department of Professional Licensing of the Public Protection Cabinet. Effective:April 11, 2017 History: Amended 2017 Ky. Acts ch. 178, sec. 21, effective April 11, 2017. -- Created 2011 Ky. Acts ch. 87, sec. 3, effective June 8, 2011.

KRS 309.331 Duties of board

309.331. Duties of board The board shall: (1) Promulgate administrative regulations in accordance with KRS Chapter 13A to carry out and enforce KRS 309.325 to 309.339, including creating a code of ethics, standards of practice, and continuing education requirements for licensed diabetes educators, based upon policies and positions adopted by the American Association of Diabetes Educators; (2) Issue initial licenses and license renewals to individuals. A license shall not be issued to a partnership, unincorporated association, corporation, or similar business organization; (3) Investigate alleged violations brought to its attention, conduct investigations, and schedule and conduct administrative hearings in accordance with KRS Chapter 13B to enforce KRS 309.325 to 309.339 and administrative regulations promulgated pursuant to KRS 309.325 to 309.339. In conducting investigations, the board is authorized to: (a) Administer oaths; (b) Receive evidence; (c) Interview persons; (d) Require the production of books, papers, documents, or other evidence; and (e) Institute civil and criminal proceedings against violators of KRS 309.325 to 309.339. The Attorney General, Commonwealth's attorneys, and county attorneys shall assist the board in prosecuting violations of KRS 309.325 to 309.339; (4) Keep a record of its proceedings and a register of all persons licensed as diabetes educators, including the name of the licensee, the license number, date of issue, and last known place of business. The list shall be available to anyone upon request and payment of a fee not to exceed the cost of the publication; (5) Collect or receive all moneys owed pursuant to KRS 309.333, 309.335, and 309.339 and deposit all moneys into the fund established by KRS 309.333; and (6) Reimburse members of the board for actual travel expenses incurred for attending the meetings of the board. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 87, sec. 4, effective June 8, 2011.

KRS 309.333 Revolving fund

309.333. Revolving fund (1) All licensing amounts and other moneys received by the board pursuant to the provisions of this section and KRS 309.335 and 309.339 shall be deposited in the State Treasury to the credit of a revolving fund which is hereby established. Amounts in the fund shall be used for the purposes set forth in KRS 309.325 to 309.339. (2) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year to be used for the purposes established by the board. (3) Any interest earnings of the fund shall become part of the fund and shall not lapse. (4) The expenses of the board shall be paid from this revolving fund. (5) Moneys deposited in the fund shall be used and are hereby appropriated for the purposes specified in KRS 309.325 to 309.339. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 87, sec. 5, effective June 8, 2011.

KRS 309.334 Apprentice diabetes educator -- Administrative regulations

309.334. Apprentice diabetes educator -- Administrative regulations (1) An applicant for a permit as an apprentice diabetes educator shall: (a) File a written application on forms provided by the board in order to practice and earn the experience required for a type of license application; (b) Engage in the practice of diabetes education while receiving qualifying experience with a board-approved supervisor who shall assume responsibility for and supervise the apprentice diabetes educator's practice; (c) Not practice diabetes education until a supervisor has been approved by the board; (d) Cease the practice of diabetes education immediately upon the supervisor's inability or unwillingness to act as the supervisor; and (e) Upon gaining the required supervision hours and completing a board- approved diabetes educator course, apply for licensure as a licensed diabetes educator. (2) The board shall promulgate administrative regulations to do the following, including but not limited to: (a) Establish the duties of the apprentice diabetes educator supervisor; (b) Establish fees; and (c) Establish additional requirements for an apprentice diabetes educator permit as the board determines are necessary. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 118, sec. 2, effective June 25, 2013.

KRS 309.335 Diabetes educator license -- Requirements -- Renewal -- Issuance of license before July 1, 2014 -- Application for licensure before May 1, 2014

309.335. Diabetes educator license -- Requirements -- Renewal -- Issuance of license before July 1, 2014 -- Application for licensure before May 1, 2014 (1) An applicant for licensure as a diabetes educator shall: (a) File a written application on forms provided by the board; (b) Provide evidence to the board showing successful completion of one (1) of the following: 1. A board-approved course in diabetes education with demonstrable experience in the care of people with diabetes under supervision that meets requirements specified in administrative regulations promulgated by the board; 2. The credentialing program of the American Association of Diabetes Educators or the National Certification Board for Diabetes Educators; or 3. An equivalent credentialing program as determined by the board; and (c) Pay licensing amounts as promulgated by the board through administrative regulation, with the following restrictions: 1. Initial licensing shall not exceed one hundred dollars ($100); 2. Annual renewal shall not exceed one hundred dollars ($100); 3. Biennial renewal shall not exceed two hundred dollars ($200); 4. Late renewal shall not exceed one hundred fifty dollars ($150); and 5. The reinstatement fee shall not exceed two hundred twenty-five dollars ($225). (2) (a) Licenses or permits shall be renewed annually or biennially if the board requires biennial license renewal by administrative regulation. (b) Licenses or permits not renewed within thirty (30) days after the renewal date shall pay a late penalty as promulgated by the board in administrative regulation. (c) Licenses or permits not renewed within ninety (90) days of the renewal date shall lapse and may only be reinstated with payment of a reinstatement fee and initial licensing amount as promulgated by the board in administrative regulation. (d) An apprentice diabetes educator shall not carry a permit for more than five (5) years without becoming licensed. (3) Notwithstanding subsections (1) and (2) of this section, prior to July 1, 2014, a person who the board finds to have successfully achieved a core body of knowledge and skills in the biological and social sciences, communication, counseling, and education, by training or instruction, as well as experience in the care of people with diabetes under supervision that meets the requirements specified in administrative regulations promulgated by the board, may be issued an initial license by the board upon payment of an initial licensing fee, completion of a written application on forms provided by the board, and submission of any other information requested by the board. (4) Until May 1, 2014, notwithstanding subsection (1) of this section, individuals who have practiced diabetes education for a minimum of one thousand (1,000) hours per year for the past three (3) years, but are not currently credentialed by the American Association of Diabetes Educators as a board-certified advanced diabetes manager or by the National Certification Board for Diabetes Educators as a certified diabetes educator, may apply to the board for licensure as a diabetes educator by submitting the initial licensure fee and proof of employment, in order to continue to practice diabetes education, as defined by KRS 309.325(2). Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 118, sec. 5, effective June 25, 2013. -- Created 2011 Ky. Acts ch. 87, sec. 6, effective June 8, 2011. Legislative Research Commission Note. (6/8/2011). Under the authority of KRS 7.136(1), the Reviser of Statutes has changed the internal numbering of this statute from the way it appeared in 2011 Ky. Acts ch. 87, sec. 6, in order to correct a manifest clerical or typographical error. An internal reference was also changed to correspond to the new numbering system, but the words in the text were not changed.

KRS 309.336 Master licensed diabetes educator -- Administrative regulations

309.336. Master licensed diabetes educator -- Administrative regulations (1) An applicant for licensure as a master licensed diabetes educator shall: (a) File a written application on forms provided by the board; and (b) Provide proof of completion of the credentialing program of the American Association of Diabetes Educators or the National Certification Board for Diabetes Educators as a certified advanced diabetes manager or a certified diabetes educator. (2) The board shall promulgate administrative regulations to do the following, including but not limited to: (a) Establish a fee for licensure; and (b) Establish additional requirements for a master licensed diabetes educator as the board determines are necessary. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 118, sec. 3, effective June 25, 2013.

KRS 309.337 Continuing education requirements

309.337. Continuing education requirements (1) When renewing a license, each licensee shall provide to the board documentation of the successful completion of fifteen (15) hours of board-approved continuing education credits. A maximum of fifteen (15) additional hours may be carried over into the next renewal period. (2) Waivers or extensions of continuing education may be approved at the discretion of the board. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 87, sec. 7, effective June 8, 2011.

KRS 309.339 Grounds for refusal to issue or renew a license, suspension or revocation of a license, administrative reprimand, probation, or fine -- Hearing

309.339. Grounds for refusal to issue or renew a license, suspension or revocation of a license, administrative reprimand, probation, or fine -- Hearing (1) The board may deny or refuse to renew a license, may suspend or revoke a license, may issue an administrative reprimand, or may impose probationary conditions or fines not to exceed five hundred dollars ($500) when the licensee has engaged in unprofessional conduct that has endangered or is likely to endanger the health, welfare, or safety of the public. Unprofessional conduct shall include the following: (a) Obtaining or attempting to obtain a license by fraud, misrepresentation, concealment of material facts, or making a false statement to the board; (b) Being convicted of a felony in any court if any act for which the licensee or applicant for license was convicted is determined by the board to have a direct bearing on whether the person is trustworthy to serve the public as a licensed diabetes educator, if in accordance with KRS Chapter 335B. "Conviction," as used in this paragraph, shall include a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere in a court of law; (c) Violating any lawful order or administrative regulation promulgated by the board; (d) Violating any provision of KRS 309.325 to 309.339 or administrative regulation promulgated by the board; (e) Evidence of gross negligence or gross incompetence in the practice of diabetes education; and (f) Violating the standards of practice or the code of ethics as promulgated by administrative regulations. (2) All administrative hearings for the disciplinary action against a license or certificate holder shall be conducted in accordance with KRS Chapter 13B. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 44, effective June 29, 2017. -- Created 2011 Ky. Acts ch. 87, sec. 8, effective June 8, 2011.

KRS 309.350 Definitions for KRS 309.350 to 309.364

309.350. Definitions for KRS 309.350 to 309.364 As used in KRS 309.350 to 309.364 unless the context otherwise requires: (1) "Board" means the Kentucky Board of Licensure for Massage Therapy; (2) "Board-approved massage program" means one which meets minimum standards for training and curriculum as determined by the board; (3) "Compensation" means the direct or indirect payment, loan, advance, donation, contribution, deposit, barter, gratuity, or gift of money or anything of value; (4) "Feldenkrais Method" means a system of somatic education in which touch and words are used to eliminate faulty habits, learn new patterns of self-organization and action, and improve a person's own functional movement patterns. The method is based on principles of physics, biomechanics and an understanding of, or learning about, human development. The practice is federally trademarked and requires permission from the Feldenkrais Guild to use the term and methodology; (5) "Massage therapist" means a person who is licensed by the board to administer massage or massage therapy to the public for compensation; (6) "Polarity therapy" means diverse applications affecting the human energy system. These applications include energetic approaches to somatic contact, verbal facilitation, nutrition, exercise, and health education. Polarity therapy does not make medical claims, diagnose physical ailments, or allow prescription of medications. Standards for schools, education, and practice, the administration of a code of ethics, and a registration process are provided by the American Polarity Therapy Association. The practice of polarity therapy is federally trademarked; (7) "Practice of massage therapy" means the application, by a massage therapist licensed by the board, of a system of structured touch, pressure, movement, and holding to the soft tissues of the human body with the intent to enhance or restore the health and well-being of the client. The practice includes the external application of water, heat, cold, lubricants, salt scrubs, or other topical preparations; use of electromechanical devices that mimic or enhance the actions of the hands; and determination of whether massage therapy is appropriate or contraindicated, or whether referral to another health care practitioner is appropriate; and (8) "Trager Approach" means a form of movement education that uses subtle directed movements and the skilled touch of a practitioner. The Trager Approach combines physical movement with sensory awareness and internal imagery designed to increase the client's self-awareness and generate physiological changes in the body tissues so as to allow the client to experience a new way of moving his or her body. The practice is federally trademarked. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 29, sec. 1, effective June 29, 2021. -- Amended 2010 Ky. Acts ch. 112, sec. 1, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 29, sec. 1, effective July 12, 2006. -- Created 2003 Ky. Acts ch. 45, sec. 1, effective June 24, 1003; and ch. 70, sec. 1, effective June 24, 2003. Legislative Research Commission Note(7/12/2006). Section 1 of 2006 Ky. Acts ch. 29 (Senate Bill 91) made no changes to this statute. The changes to KRS 309.350 contained in the introduced version of the bill were eliminated by Senate Floor Amendment 1, which was adopted by the Senate, after which Senate Bill 91 was passed by both chambers with no changes to the existing text of KRS 309.350. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 1, and 2003 Ky. Acts ch. 70, sec. 1, are substantially identical and have been codified together.

KRS 309.351 Prohibited acts

309.351. Prohibited acts Massage therapists practicing under KRS 309.350 to 309.364 shall not perform any of the following: diagnosis of illness or disease; high-velocity, low-amplitude thrust applied to a joint; spinal or pelvic adjustment or chiropractic manipulation; application of ultrasound; prescription of medication; or deep physical agent modalities, except hydrotherapy methods and pulsed electromagnetic field therapy or microcurrent devices for which the massage therapist has completed training required by the board. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 29, sec. 2, effective June 29, 2021. -- Created 2003 Ky. Acts ch. 45, sec. 2, effective June 24, 2003; and ch. 70, sec. 2, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 2, and 2003 Ky. Acts ch. 70, sec. 2, are substantially identical and have been codified together.

KRS 309.352 Scope of KRS 309.350 to 309.364

309.352. Scope of KRS 309.350 to 309.364 KRS 309.350 to 309.364 shall not preclude: (1) Persons duly licensed, registered, or certified as massage therapists in another state or territory, the District of Columbia, or a foreign country teaching a course related to massage therapy or consulting with a person licensed under KRS 309.350 to 309.364; (2) Students enrolled in a program recognized by the board and completing a clinical requirement for graduation while under the supervision of a board-licensed massage therapist or other licensed health-care professional as defined by the board in administrative regulation; (3) A person administering a massage to members of the person's immediate family; (4) Persons who restrict manipulation of the soft tissues of the human body to the hands, feet, or ears, and do not hold themselves out to be massage therapists; (5) Persons who use procedures within the scope of practice of their profession, which has established standards and ethics, provided that their services use touch, words, and directed movement to deepen awareness of existing patterns of movement in the body as well as to suggest new possibilities of movement while engaged, but who are not designated or implied to administer massage or to be massage therapists. These practices include, but are not limited to, the Feldenkrais Method and the Trager Approach; (6) Persons engaged within the scope of practice of a profession with established standards and ethics in which touch is limited to what is essential for palpation and affecting of the human energy system, provided that their services are not designated or implied to be massage or massage therapy. These practices include but are not limited to polarity therapy; (7) Persons duly licensed, certified, or registered in another state or territory, the District of Columbia, or a foreign country when incidentally in this state to provide service as a part of an emergency response team working in conjunction with disaster relief officials or as part of a charity event, athletic event, or artistic performance; (8) Students participating in massage therapy classes or continuing education while in the classroom or practicing on a classmate and not holding themselves out as massage therapists or accepting compensation for the practice; or (9) Practitioners of the following occupations and professions regulated by state law while engaging in the practices for which they are duly licensed and while not holding themselves out to be massage therapists: (a) Physicians, osteopaths, podiatrists, and athletic trainers regulated under KRS Chapter 311; (b) Chiropractors regulated under KRS Chapter 312; (c) Registered nurses and practical nurses regulated under KRS Chapter 314; (d) Barbers, cosmetologists, and estheticians regulated under KRS Chapters 317 and 317A, respectively; (e) Occupational therapists regulated under KRS Chapter 319A; and (f) Physical therapists regulated under KRS Chapter 327. Effective: March 30, 2018 History: Amended 2018 Ky. Acts ch. 46, sec. 32, effective March 30, 2018. -- Amended 2010 Ky. Acts ch. 112, sec. 2, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 29, sec. 2, effective July 12, 2006. -- Created 2003 Ky. Acts ch. 45, sec. 3, effective June 24, 2003; and ch. 70, sec. 3, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 3, and 2003 Ky. Acts ch. 70, sec. 3, are substantially identical and have been codified together.

KRS 309.353 License required to practice massage therapy or use titles, advertisements, or signs indicating massage therapy is provided

309.353. License required to practice massage therapy or use titles, advertisements, or signs indicating massage therapy is provided (1) No person shall practice massage therapy or hold himself or herself out to be a massage therapist unless the person meets the educational and licensing requirements of KRS 309.358 and 309.360 and holds a valid license that has not been suspended or revoked. (2) A licensed massage therapist may represent himself or herself as a massage therapist or licensed massage therapist and may use the abbreviation "L.M.T." as part of or immediately following his or her name to identify the profession. (3) It shall be unlawful for any person, or for any business entity, its employees, agents, or representatives, to practice massage or massage therapy or to use in connection with his, her, or its name or business activity the words "massage," "massage therapy," "massage therapist," "massage practitioner," "masseur," or "masseuse," or the letters "L.M.T.," or any other words, letters, abbreviations, or insignia indicating or implying directly or indirectly that massage therapy is provided or supplied unless massage therapy is provided by a massage therapist licensed and practicing in accordance with KRS 309.350 to 309.364. (4) Any advertisement or sign to induce the public into believing that one is a massage therapist shall be prima facie evidence of a violation of this section if the person making the advertisement or displaying the sign is not licensed to practice massage therapy in accordance with KRS 309.350 to 309.364. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 29, sec. 3, effective July 12, 2006. -- Created 2003 Ky. Acts ch. 45, sec. 4, effective June 24, 2003; and ch. 70, sec. 4, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 4, and 2003 Ky. Acts ch. 70, sec. 4, are substantially identical and have been codified together.

KRS 309.354 Kentucky Board of Licensure for Massage Therapy -- Appointments -- Terms -- Reimbursement -- Removal

309.354. Kentucky Board of Licensure for Massage Therapy -- Appointments -- Terms -- Reimbursement -- Removal (1) There is created a board to be known as the Kentucky Board of Licensure for Massage Therapy, which shall be an independent agency. (2) The Governor shall appoint seven (7) members to serve on the board with the following representation: (a) Five (5) members who are massage therapists licensed under KRS 309.350 to 309.364, who have been in the practice of massage therapy for at least five (5) of the last seven (7) years, and who have been residents of Kentucky for at least one (1) year; (b) Of these five (5), at least one (1) but no more than two (2) shall own or direct a board-approved massage therapy training program or be a designated representative of a school owner or of a school director; and (c) Two (2) members shall be appointed by the Governor and shall serve as members at large who are neither licensed massage therapists nor spouses of persons who are licensed, or have a direct or indirect interest in the profession regulated under KRS 309.350 to 309.364. One (1) of the two (2) may hold a license in another health care profession. (3) Appointments shall be for three (3) years with initial appointments as follows: three (3) appointees shall serve three (3) year terms; two (2) shall serve two (2) year terms; and two (2) shall serve one (1) year terms. The Governor shall assign terms to initial members at his or her discretion. (4) The board shall elect initially, and annually thereafter, a chair, vice chair, and secretary from its membership and shall meet at least once per year, and more often as deemed necessary, at a time and at a place in Kentucky for the board to fulfill its duties. (5) Each member of the board shall receive a per diem not to exceed one hundred dollars ($100) and other actual and necessary expenses for each day he or she is actually engaged in the discharge of the board's official duties. (6) Upon recommendation of the board, the Governor may remove any member of the board for a poor attendance record, neglect of duty, or malfeasance in office. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 29, sec. 3, effective June 29, 2021. -- Amended 2010 Ky. Acts ch. 24, sec. 1667, effective July 15, 2010; and ch. 112, sec. 3, effective July 15, 2010. -- Created 2003 Ky. Acts ch. 45, sec. 5, effective June 24, 2003; and ch. 70, sec. 5, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 5, and 2003 Ky. Acts ch. 70, sec. 5, are substantially identical and have been codified together.

KRS 309.355 Powers and duties of board -- Criminal background investigations

309.355. Powers and duties of board -- Criminal background investigations (1) The board shall administer and enforce the provisions of KRS 309.350 to 309.364 and shall have the responsibility to evaluate the qualifications of applicants for licensure and to authorize issuing, renewing, suspending, and revoking licenses. (2) The board shall investigate alleged violations brought to its attention, conduct investigations, and schedule and conduct administrative hearings in accordance with KRS Chapter 13B to enforce the provisions of KRS 309.350 to 309.364 and administrative regulations promulgated pursuant to KRS 309.350 to 309.364. The board shall have the authority to administer oaths, receive evidence, interview persons, and require the production of books, papers, documents, or other evidence. The board may institute civil and criminal proceedings against violators of KRS 309.350 to 309.364. The Attorney General, Commonwealth's attorneys, and county attorneys shall assist the board in prosecuting violations of KRS 309.350 to 309.364. (3) The board shall promulgate administrative regulations, pursuant to KRS Chapter 13A, to carry out and enforce provisions of KRS 309.350 to 309.364, including creating a code of ethics, standards of practice, standards of educational program curriculum and instructor qualification, and continuing education requirements for licensed massage therapists. (4) The board shall keep a record of its proceedings and a register of all persons licensed as massage therapists. The register shall include the name, license number and date of issue, last known place of business, and residence of each licensee. The board shall publish annually a directory of licensed massage therapists and their places of business. The list shall be available to any Kentucky citizen upon request and payment of a fee not to exceed the cost of the publication. (5) The board shall make an annual report to the Governor and the General Assembly, which shall contain an account of its duties performed, actions taken, and appropriate recommendations. (6) The board may seek an injunction in the Circuit Court of the county where the alleged violation occurred against any individual who practices massage therapy in the Commonwealth without a license. (7) The board shall require a national and state criminal background investigation for every applicant seeking a license, certificate, or temporary permit issued by the board permitting the applicant to engage in the practice of massage therapy. The criminal background investigation shall be by means of a fingerprint check by the Department of Kentucky State Police and Federal Bureau of Investigation, pursuant to the following requirements: (a) The applicant shall provide his or her fingerprints to the Department of Kentucky State Police for submission to the Federal Bureau of Investigation after a state criminal background check is conducted; (b) The results of the national and state criminal background check shall be sent to the board for the screening of applicants; (c) The board shall be prohibited from releasing any criminal history record information to any private entity or other licensing board, or authorizing receipt by such entity or board; and (d) Any fee charged by the Department of Kentucky State Police or the Federal Bureau of Investigation shall be an amount no greater than the actual cost of processing the request and conducting the background check. The board may charge this fee to the applicant for licensure or certification. (8) The board may employ staff as needed in the conduct of its duties and functions, and shall fix their compensation. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 63, sec. 1, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 29, sec. 4, effective June 29, 2021. -- Amended 2010 Ky. Acts ch. 112, sec. 4, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 29, sec. 4, effective July 12, 2006. -- Created 2003 Ky. Acts ch. 45, sec. 6, effective June 24, 2003; and ch. 70, sec. 6, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 6, and 2003 Ky. Acts ch. 70, sec. 6, are substantially identical and have been codified together.

KRS 309.356 Revolving fund

309.356. Revolving fund (1) All fees and other moneys received by the board pursuant to the provisions of KRS 309.350 to 309.364 shall be deposited in the State Treasury to the credit of a revolving fund for the use of the board. (2) No part of this revolving fund shall revert to the general funds of this Commonwealth. (3) The compensation of members of the board and all of the employees of the board and all expenses incurred by the board shall be paid from this revolving fund. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 45, sec. 7, effective June 24, 2003; and ch. 70, sec. 7, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 7, and 2003 Ky. Acts ch. 70, sec. 7, are substantially identical and have been codified together.

KRS 309.357 Establishment of schedule of fees for issuance, active and inactive renewal, and restoration of licenses and certificates -- Continuing professional education

309.357. Establishment of schedule of fees for issuance, active and inactive renewal, and restoration of licenses and certificates -- Continuing professional education (1) (a) The board shall promulgate administrative regulations establishing a reasonable schedule of fees and charges for the issuance and restoration of licenses and certificates, and for the renewal of licenses and certificates issued under KRS 309.350 to 309.364. (b) Former licensees with an expired license may have their licenses reinstated upon payment of the renewal fee plus a reinstatement fee as promulgated by administrative regulations of the board. If the reinstatement application is made within five (5) years from the date of termination, applicants shall not be required to submit to any examination as a condition for reinstatement. (c) A revoked license may not be reinstated or renewed. For a license that is reinstated, the licensee shall pay the reinstatement fee and the renewal fee as established by the board through administrative regulations. (d) A former licensee who fails to reinstate a license within five (5) years after termination may not have it renewed, restored, or reinstated. A person may apply for and obtain a new license by meeting the current requirements for licensure. (e) The board may require that a person applying for a renewal or reinstatement of licensure show evidence of completion of continuing professional education as prescribed by the board in administrative regulations. (f) If the board determines that the applicant practiced on an expired license, the board may require one (1) continuing education credit per month of expiration, at the discretion of the board. (2) Any licensed massage therapist who does not desire to meet the qualifications for active license renewal shall, upon application and payment of an inactive renewal fee, be issued an inactive license. The license shall not entitle the license holder to use the term "licensed massage therapist," or to engage in the practice of massage therapy. The inactive annual renewal fee shall be promulgated by the board in administrative regulation. (3) To regain active status, the licensee shall, upon the submission of an application, show completion of one (1) hour of continuing professional education for every six (6) months the license has been in an inactive state, not to exceed five (5) years. Waivers or extensions of continuing education may be approved at the discretion of the board. Beyond five (5) years, the licensee shall meet the requirements in KRS 309.361 to regain active status. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 29, sec. 5, effective June 29, 2021. -- Amended 2010 Ky. Acts ch. 112, sec. 5, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 29, sec. 5, effective July 12, 2006. -- Created 2003 Ky. Acts ch. 45, sec. 8, effective June 24, 2003; and ch. 70, sec. 8, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 8, and 2003 Ky. Acts ch. 70, sec. 8, are substantially identical and have been codified together.

KRS 309.358 Qualifications for license -- Photo of licensee to be incorporated into license

309.358. Qualifications for license -- Photo of licensee to be incorporated into license (1) The board may issue a license as a massage therapist to an applicant who: (a) Is eighteen (18) years of age or older; (b) Has paid the application fee and other fees required by the board; (c) Is a person of good moral character; (d) Has submitted a recent criminal background check performed by means of a fingerprint check pursuant to KRS 309.355(7); (e) Has submitted a recent color photograph as prescribed by administrative regulation promulgated by the board; (f) Has successfully completed: 1. A course of study consisting of a minimum of six hundred (600) hours of supervised instruction in a massage therapy training program approved by the board; or 2. An associate degree having a massage therapy emphasis which meets the requirements of a massage therapy training program with supervised technique instruction and approved by the board; and (g) Has successfully passed an examination administered by the Federation of State Massage Therapy Boards, the National Certification Board for Therapeutic Massage and Bodywork, or a certifying agency that has been approved by the National Commission for Certifying Agencies, or other examinations approved by the board. (2) The board shall incorporate the photograph provided in subsection (1)(e) of this section into the license. The photograph shall not be merely affixed to the license. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 29, sec. 6, effective June 29, 2021. -- Amended 2010 Ky. Acts ch. 112, sec. 6, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 29, sec. 6, effective July 12, 2006. -- Created 2003 Ky. Acts ch. 45, sec. 9, effective June 24, 2003; and ch. 70, sec. 9, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 9, and 2003 Ky. Acts ch. 70, sec. 9, are substantially identical and have been codified together.

KRS 309.359 Reciprocity

309.359. Reciprocity The board may grant a license to any person who is licensed, certified, or registered in another state of the United States that has standards at least as stringent as those required by KRS 309.358. The board may grant a license by endorsement to applicants licensed, certified, or registered in another state of the United States that has lesser standards than Kentucky's if the board determines that the applicant's combined initial training, professional experience, continuing education, or other credentials constitute an equivalent to the standards in KRS 309.358. Applicants who are not from a state that has standards at least as stringent as those required by KRS 309.358 may appeal to the board for a hearing to determine if their experience and education meet the criteria. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 29, sec. 7, effective July 12, 2006. -- Created 2003 Ky. Acts ch. 45, sec. 10, effective June 24, 2003; and ch. 70, sec. 10, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 10, and 2003 Ky. Acts ch. 70, sec. 10, are substantially identical and have been codified together.

KRS 309.360 Repealed, 2010

309.360. Repealed, 2010 Catchline at repeal: Qualifications for license issued prior to June 24, 2005. History: Repealed 2010 Ky. Acts ch. 112, sec. 9, effective July 15, 2010. -- Created 2003 Ky. Acts ch. 45, sec. 11, effective June 24, 2003; and ch. 70, sec. 11, effective June 24, 2003.

KRS 309.361 Renewal -- Continuing education requirements

309.361. Renewal -- Continuing education requirements (1) When renewing a license, each licensee shall document the successful completion of the required board-approved continuing education credits. Twelve (12) hours of training shall be required for each two (2) year renewal period. Three (3) hours of the twelve (12) required shall be in ethics. Courses may include ethics, business practices, science, and techniques related to massage therapy. (2) Waivers or extensions of continuing education may be approved at the discretion of the board. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 29, sec. 7, effective June 29, 2021. -- Amended 2006 Ky. Acts ch. 29, sec. 8, effective July 12, 2006. -- Created 2003 Ky. Acts ch. 45, sec. 12, effective June 24, 2003; and ch. 70, sec. 12, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 12, and 2003 Ky. Acts ch. 70, sec. 12, are substantially identical and have been codified together.

KRS 309.362 Grounds for refusal to issue or renew a license, suspension or revocation of a license, administrative reprimand, or probation

309.362. Grounds for refusal to issue or renew a license, suspension or revocation of a license, administrative reprimand, or probation (1) The board may deny or refuse to renew a license, may suspend or revoke a license, may issue an administrative reprimand, or may impose probationary conditions or fines not to exceed one thousand dollars ($1,000) per violation when the licensee has engaged in unprofessional conduct that has endangered or is likely to endanger the health, welfare, or safety of the public. Unprofessional conduct shall include the following: (a) Obtaining or attempting to obtain a license by fraud, misrepresentation, concealment of material facts, or making a false statement to the board; (b) Being convicted of a felony in any court if the act or acts for which the licensee or applicant for license was convicted are determined by the board to have a direct bearing on whether the person is trustworthy to serve the public as a licensed massage therapist, if in accordance with KRS Chapter 335B. "Conviction," as used in this paragraph, includes a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere in a court of law; (c) Violating any lawful order or administrative regulation promulgated by the board; (d) Violating any provision of this chapter or administrative regulations promulgated under this chapter; (e) Having sexual contact as defined in KRS 510.010 with a client or having engaged or attempted to engage in lewd or immoral conduct with any client or patient; (f) Engaging in fraud or material deception in the delivery of professional services, including reimbursement or advertising services, in a false or misleading manner; (g) Evidence of gross negligence or gross incompetence in the practice of massage therapy; (h) Violating the standards of practice or the code of ethics as promulgated by administrative regulations; (i) Violating KRS 304.39-215; or (j) Engaging in conduct that is subject to the penalties under KRS 304.99 -060(4) or (5). (2) The board may, at its discretion, deny, refuse to renew, suspend or revoke a license, or impose probationary conditions following an administrative hearing pursuant to KRS Chapter 13B and in accordance with administrative regulations promulgated by the board. (3) The surrender of a license shall not deprive the board of jurisdiction to proceed with disciplinary actions under KRS 309.350 to 309.364. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 65, sec. 4, effective July 15, 2026. -- Amended 2021 Ky. Acts ch. 29, sec. 8, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 143, sec. 6, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 158, sec. 45, effective June 29, 2017. -- Amended 2006 Ky. Acts ch. 29, sec. 9, effective July 12, 2006. -- Created 2003 Ky. Acts ch. 45, sec. 13, effective June 24, 2003; and ch. 70, sec. 13, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 13, and 2003 Ky. Acts ch. 70, sec. 13, are substantially identical and have been codified together.

KRS 309.363 Board approval of massage therapy program of instruction -- Requirements -- Continuing education guidelines

309.363. Board approval of massage therapy program of instruction -- Requirements -- Continuing education guidelines (1) A person, institution, or business entity offering a massage therapy program of instruction shall file a completed application for a certificate of good standing with the board on a form prescribed by the board and pay a fee as specified in KRS 309.357. The completed application shall provide proof acceptable to the board that the following criteria have been met: (a) The school is licensed to operate by the Kentucky Commission on Proprietary Education, the Council on Postsecondary Education, or their equivalent in another state; (b) A curriculum statement showing clock hours devoted to each subject with the following minimums: 1. One hundred twenty-five (125) hours of anatomy, physiology, or kinesiology; 2. A two hundred (200) hour course to include massage theory, technique, and practice focusing on gliding strokes, kneading, direct pressure, deep friction, joint movement, superficial warming techniques, percussion, compression, vibration, jostling, shaking, and rocking; 3. Two hundred (200) hours of approach to the business of massage, specifically including contraindications, benefits, business, history, ethics, client documentation, legalities of massage, and modality courses designed to meet the school's specific program objectives; 4. Forty (40) hours of pathology; and 5. The school may use its discretion in allotting the additional thirty-five (35) curricular hours that are required under KRS 309.358; and (c) A listing of instructional staff and their qualifications as follows: 1. Instructors of the practical courses shall be licensed massage therapists and shall have three (3) years of experience in the practice of massage therapy; 2. Instructors of science courses shall be either licensed massage therapists with three (3) years of experience in the practice of massage therapy or have certification or specific higher education in the subject they are teaching; and 3. Instructors in adjunctive courses shall have subject-specific education and experience. (2) A school may be presumed to have met the qualifications in subsection (1)(b) and (c) of this section if it holds a current designation of "Approved School" from the National Certification Board of Therapeutic Massage and Bodywork or has the designation of "accredited" or "COMTA-endorsed curriculum" from the Council for Massage Therapy Accreditation. (3) The board shall accept National Certification Board for Therapeutic Massage and Bodywork guidelines in approving continuing education. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 29, sec. 9, effective June 29, 2021. -- Amended 2012 Ky. Acts ch. 76, sec. 24, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 112, sec. 7, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 29, sec. 10, effective July 12, 2006. -- Created 2003 Ky. Acts ch. 45, sec. 14, effective June 24, 2003; and ch. 70, sec. 14, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 14, and 2003 Ky. Acts ch. 70, sec. 14, are substantially identical and have been codified together. The phrase "joint movement" in subparagraph (b) 2. of subsection (1) of ch. 70, sec. 14, which passed the General Assembly last, prevails over "joint mobilization" in the same subparagraph of ch. 45, sec. 14. See KRS 446.250.

KRS 309.364 Preemption of local regulation -- No effect on local zoning requirements or occupational license fees

309.364. Preemption of local regulation -- No effect on local zoning requirements or occupational license fees (1) KRS 309.350 to 309.364 supersede all ordinances or regulations regulating massage therapists in any city, county, urban-county, charter county, or consolidated local government. (2) This article does not affect city, county, urban-county, charter county, or consolidated local government regulations relating to zoning requirements or occupational license fees pertaining to health care professions. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 45, sec. 15, effective June 24, 2003; and ch. 70, sec. 15, effective June 24, 2003. Legislative Research Commission Note (6/24/2003). 2003 Ky. Acts ch. 45, sec. 15, and 2003 Ky. Acts ch. 70, sec. 15, are substantially identical and have been codified together.

KRS 309.400 Short title

309.400. Short title KRS 309.400 to 309.422 shall be known and may be cited as the Home Medical Equipment and Services Provider Licensure Act. Effective: July 15, 2016 History: Repealed, reenacted, renumbered, and amended 2016 Ky. Acts ch. 103, sec. 1, effective July 15, 2016. -- Created 2012 Ky. Acts ch. 73, sec. 1, effective July 12, 2012. Formerly codified as KRS 315.510.

KRS 309.402 Definitions for KRS 309.400 to 309.422

309.402. Definitions for KRS 309.400 to 309.422 As used in KRS 309.400 to 309.422, unless the context requires otherwise: (1) "Applicant" means a person who applies to the board for licensure as a home medical equipment and services provider; (2) "Board" means the Kentucky Board of Durable Medical Equipment Suppliers established in KRS 309.404; (3) "Home medical equipment" means durable medical equipment which: (a) Withstands repeated use; (b) Is primarily and customarily used to serve a medical purpose; (c) Is generally not useful to a person in the absence of illness or injury; and (d) Is appropriate for use in the home; (4) "Providing home medical equipment and services" means the sale, lease, rental, delivery, installation, maintenance, replacement, or instruction in the use of home medical equipment, related equipment and supplies, and mobility enhancing equipment used by a sick or disabled person to allow the person to be maintained in his or her residence and which is funded through a third-party payor; (5) "Home medical equipment and services provider" or "provider" means a person engaged in the business of providing home medical equipment and services, either directly or through a contractual arrangement, to an unrelated sick or disabled person in the residence of that person; and (6) "Person" has the same meaning as in KRS 446.010. Effective: July 15, 2016 History: Repealed, reenacted, renumbered, and amended 2016 Ky. Acts ch. 103, sec. 2, effective July 15, 2016. -- Created 2012 Ky. Acts ch. 73, sec. 2, effective July 12, 2012. Formerly codified as KRS 315.512.

KRS 309.404 Kentucky Board of Durable Medical Equipment Suppliers

309.404. Kentucky Board of Durable Medical Equipment Suppliers (1) There is hereby created the Kentucky Board of Durable Medical Equipment Suppliers that shall be attached for administrative purposes to the Department of Professional Licensing in the Public Protection Cabinet. The board shall consist of five (5) members, each appointed by the Governor. Four (4) members shall be appointed from a list of three (3) names for each position submitted by the Kentucky Medical Equipment Suppliers Association. One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. Any vacancy shall be filled for the unexpired term by the Governor, as provided in the original appointment. (2) To be eligible for appointment as a member of the board, a person shall be at least twenty-one (21) years of age, of good moral character, a resident of this state, and a licensed durable medical equipment services provider in this state for at least three (3) consecutive years next preceding the date of his or her appointment. (3) The terms of office of each member shall be four (4) years, or until a successor is appointed and qualified. (4) The board shall elect one (1) of its members as president and another of its members as secretary. The secretary may, subject to approval by the board, employ and fix the compensation of all personnel required for the administration of KRS 309.400 to 309.422. The board may make all rules and promulgate all administrative regulations, not inconsistent with KRS 309.400 to 309.422, that are necessary to implement and carry out the provisions and purposes of KRS 309.400 to 309.422. (5) The board shall hold meetings at least twice a year and as frequently as it deems necessary at a time and place within the Commonwealth as the board may designate. A majority of the members shall constitute a quorum. (6) The board may sue and be sued in its own name. (7) Members of the board shall be immune from suit in any civil or criminal action which is based upon any official act or acts performed by them in good faith as members of the board. (8) Members of the board shall receive no compensation for their services, but shall be paid for actual travel and other expenses incurred in connection with the performance of their duties and the business of the board. (9) The board may utilize any materials, services, or facilities as may be made available to it by other state agencies or may contract therefor, to the extent as the board in its discretion may determine. Effective:April 11, 2017 History: Amended 2017 Ky. Acts ch. 178, sec. 22, effective April 11, 2017. -- Created 2016 Ky. Acts ch. 103, sec. 11, effective July 15, 2016.

KRS 309.406 Duties of board -- Administrative regulations -- Order for violator to pay reasonable costs of investigation and prosecution

309.406. Duties of board -- Administrative regulations -- Order for violator to pay reasonable costs of investigation and prosecution (1) The board may: (a) Promulgate administrative regulations in accordance with KRS Chapter 13A necessary to regulate and control all matters set forth in KRS 309.400 to 309.422 relating to manufacturers and wholesale distributors of home medical equipment and home medical equipment and services providers in this state, to the extent that regulation and control has not been delegated to some other agency of the Commonwealth, provided that: 1. Administrative regulations relating to home medical equipment and services providers shall be limited to the regulation and control of home medical equipment sold pursuant to a medical order; and 2. Nothing contained in KRS 309.400 to 309.422 shall be construed as authorizing the board to promulgate any administrative regulations relating to prices or fees or to advertising or the promotion of the sales or use of commodities or services; (b) Issue subpoenas, schedule and conduct hearings, or appoint hearing officers to schedule and conduct hearings on behalf of the board on any matter under the jurisdiction of the board; (c) Issue and renew all licenses for home medical equipment and services providers; (d) Investigate all complaints or violations of the home medical equipment laws and the administrative regulations promulgated by the board; (e) Perform all other functions necessary to carry out applicable provisions of law and the administrative regulations promulgated by the board, relating to manufacturers and wholesale distributors of home medical equipment and home medical equipment and services providers; (f) Assess reasonable fees, in addition to the fees specifically provided for in KRS 309.400 to 309.422 consistent with KRS 61.870 to 61.884, for services rendered to perform its duties and responsibilities, including but not limited to the following: 1. Issuance of duplicate licenses; 2. Mailing lists or reports of data maintained by the board; 3. Making copies of documents; or 4. Providing notices of meetings; (g) Seize any item of home medical equipment found by the board to constitute an imminent danger to the public health and welfare; and (h) Oversee and administer the licensure of home medical equipment and services providers pursuant to KRS 309.400 to 309.422. (2) In addition to the sanctions provided in KRS 309.418, the board or its hearing officer shall direct any licensee found guilty of a charge involving a violation of home medical equipment laws, rules, or administrative regulations of the state, any other state, or federal government, to pay to the board a sum not to exceed the reasonable costs of investigation and prosecution of the case, not to exceed twenty- five thousand dollars ($25,000). (3) In an action for recovery of costs, proof of the board's order shall be conclusive proof of the validity of the order of payment and any terms for payment. Effective: July 15, 2016 History: Created 2016 Ky. Acts ch. 103, sec. 9, effective July 15, 2016.

KRS 309.408 Revolving fund -- Purposes

309.408. Revolving fund -- Purposes (1) All fees and other moneys received by the board pursuant to KRS 309.400 to 309.422 shall be deposited in the State Treasury to the credit of a revolving fund which is hereby established. Amounts in the fund shall be used for the purposes set forth in KRS 309.400 to 309.422. (2) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year to be used by the board for the purposes set forth in KRS 309.400 to 309.422. (3) Any interest earnings of the fund shall become part of the fund and shall not lapse. (4) The expenses of the board shall be paid from this revolving fund. (5) Moneys deposited in the fund shall be used and are hereby appropriated for the purposes specified in KRS 309.400 to 309.422. Effective: July 15, 2016 History: Created 2016 Ky. Acts ch. 103, sec. 12, effective July 15, 2016.

KRS 309.410 Legend or order from health care practitioner required

309.410. Legend or order from health care practitioner required A person licensed under KRS 309.400 to 309.422 shall provide home medical equipment and services that carry a legend or require an order from a licensed health care practitioner. Effective: July 15, 2016 History: Repealed, reenacted, renumbered, and amended 2016 Ky. Acts ch. 103, sec. 4, effective July 15, 2016. -- Created 2012 Ky. Acts ch. 73, sec. 4, effective July 12, 2012. Formerly codified as KRS 315.516.

KRS 309.412 License required to provide or hold oneself out as providing home medical equipment and services -- Exemptions

309.412. License required to provide or hold oneself out as providing home medical equipment and services -- Exemptions (1) No person shall provide home medical equipment and services, or use the title "home medical equipment and services provider" in connection with his or her profession or business, without a license issued by the board. (2) Unless home medical equipment and services are provided through a separate legal entity, nothing in KRS 309.400 to 309.422 or any administrative regulations promulgated thereunder shall be construed as preventing or restricting the practices, services, or activities of the following: (a) A person licensed or registered in this state under any other law who is engaging in the profession or occupation for which he or she is licensed or registered; (b) Health care practitioners who lawfully prescribe or order home medical equipment and services, or who use home medical equipment and services to treat their patients; (c) Home health agencies that do not engage in the provision of home medical equipment and services; (d) Hospitals that provide home medical equipment and services only as an integral part of patient care; (e) Manufacturers and wholesale distributors of home medical equipment who do not sell, lease, or rent home medical equipment directly to a patient; (f) Pharmacies that are engaged in the sale, lease, or rental of home medical equipment and services; (g) An employee of a person licensed under KRS 309.400 to 309.422; (h) Hospice programs that do not involve the sale, lease, or rental of home medical equipment and services; (i) Skilled nursing facilities that do not involve the sale, lease, or rental of home medical equipment and services; (j) Government agencies, including fire districts which provide emergency medical services; and (k) Notwithstanding subsection (1) of this section, an out-of-state provider whose primary business is the manufacture, distribution, or both, of highly specialized equipment who ships that equipment into this state if that equipment is not provided by a licensed Kentucky home medical equipment and services provider. Effective: July 15, 2016 History: Repealed, reenacted, renumbered, and amended 2016 Ky. Acts ch. 103, sec. 3, effective July 15, 2016. -- Amended 2015 Ky. Acts ch. 56, sec. 4, effective June 24, 2015. -- Created 2012 Ky. Acts ch. 73, sec. 3, effective July 12, 2012. Formerly codified as KRS 315.514.

KRS 309.414 Application for license -- Fee -- Record retention -- Administrative regulations -- Confidentiality

309.414. Application for license -- Fee -- Record retention -- Administrative regulations -- Confidentiality (1) A home medical equipment and services provider shall be licensed by the board prior to engaging in providing home medical equipment and services in the Commonwealth. Each license application shall be accompanied by a reasonable fee prescribed by administrative regulation not to exceed three hundred fifty dollars ($350) initially every two (2) years or increase more than twenty-five dollars ($25) per biennium up to a maximum of four hundred dollars ($400). Upon receipt of an application for a license to operate as a home medical equipment and services provider, the board shall issue a license if the provider meets the standards and requirements of this section or KRS 309.420 and the administrative regulations of the board. (2) Home medical equipment and services providers shall be required to maintain adequate records of all home medical equipment and services provided as established by administrative regulation by the board. Records shall be made available to agents of the board for inspection at reasonable times. The board may require by administrative regulation that home medical equipment and services providers periodically report to the board all home medical equipment and services provided. (3) Failure to report to the board or willful submission of inaccurate information shall be grounds for disciplinary action under KRS 309.418. (4) The board shall promulgate an administrative regulation pursuant to KRS Chapter 13A to specify the criteria for licensure. (5) Pursuant to KRS 61.878, information provided by an applicant under this section and any related administrative regulation shall not be disclosed to any person or entity other than the board. Effective: July 15, 2016 History: Repealed, reenacted, renumbered, and amended 2016 Ky. Acts ch. 103, sec. 5, effective July 15, 2016. -- Created 2012 Ky. Acts ch. 73, sec. 5, effective July 12, 2012. Formerly codified as KRS 315.518.

KRS 309.416 Issuance and renewal of licenses -- Separate license required for each location -- Display of license -- Transfer of license prohibited

309.416. Issuance and renewal of licenses -- Separate license required for each location -- Display of license -- Transfer of license prohibited (1) The board shall refuse to renew any license to operate unless the home medical equipment and services provider meets the standards and requirements of KRS 309.400 to 309.422 and the administrative regulations of the board. The board shall act upon an application for a license within thirty (30) days after the receipt thereof. (2) A separate license shall be required for each location of a home medical equipment and services provider. (3) A home medical equipment and services provider shall display its license at its place of business. (4) Each license as a home medical equipment and services provider, unless sooner suspended or revoked, shall expire on September 30 two (2) years following its date of issuance and be renewable every two (2) years thereafter upon proper application accompanied by a reasonable renewal fee as may be set by administrative regulation of the board, not to exceed three hundred fifty dollars ($350) initially per biennium or increase more than twenty-five dollars ($25) per biennium up to a maximum of four hundred dollars ($400). An additional fee not to exceed the biennial renewal fee may be assessed and set by administrative regulation as a delinquent renewal penalty for failure to renew by September 30 of each biennium. (5) Licenses to operate shall be issued only for the premises and persons named in the application and shall not be transferable. Effective: July 15, 2016 History: Repealed, reenacted, renumbered, and amended 2016 Ky. Acts ch. 103, sec. 6, effective July 15, 2016. -- Created 2012 Ky. Acts ch. 73, sec. 6, effective July 12, 2012. Formerly codified as KRS 315.520.

KRS 309.418 Grounds for refusal to issue or renew, suspend, or revoke a license or otherwise discipline a licensee -- Reinstatement -- Expungement of minor violation -- Administrative regulations

309.418. Grounds for refusal to issue or renew, suspend, or revoke a license or otherwise discipline a licensee -- Reinstatement -- Expungement of minor violation -- Administrative regulations (1) If in accordance with KRS Chapter 335B, the board shall refuse to license, or shall suspend a license, if the person seeking or holding a license has ever been convicted of or entered an Alford plea or plea of nolo contendre to a sex crime as defined in KRS 17.500, a criminal offense against a victim who is a minor as defined in KRS 17.500, a felony offense under KRS Chapter 209, or an offense which would classify the person as a violent offender under KRS 439.3401. (2) The board may refuse to issue or renew a license, or may suspend, temporarily suspend, revoke, fine, place on probation, reprimand, reasonably restrict, or take any combination of these actions against any licensee, for the following reasons: (a) Unprofessional or unethical conduct; (b) Mental or physical incapacity that prevents the licensee from engaging or assisting in the provision of home medical equipment and services with reasonable skill, competence, and safety to the public; (c) Being convicted of or entering an Alford plea or plea of nolo contendere to, irrespective of an order granting probation or suspending imposition of any sentence imposed following the conviction or entry of such plea, one (1) or more or the following, if in accordance with KRS Chapter 335B: 1. A crime as defined in KRS 335B.010; or 2. A violation of the home medical equipment laws, rules, or administrative regulations of this state, any other state, or the federal government; (d) Knowing or having reason to know that a home medical equipment and services provider is incapable of engaging or assisting in the practice of providing home medical equipment and services with reasonable skill, competence, and safety to the public and failing to report any relevant information to the board; (e) Knowingly making or causing to be made any false, fraudulent, or forged statement or misrepresentation of a material fact in securing issuance or renewal of a license; (f) Engaging in fraud in connection with the practice of the provision of home medical equipment and services; (g) Engaging in or aiding and abetting an individual to engage or assist in the provision of home medical equipment and services without a license or falsely using the title "home medical equipment and services provider," "provider," or other term which might imply that the individual is a home medical equipment and services provider; or (h) Violation of any order issued by the board to comply with any applicable law or administrative regulation. (3) As used in this section, "unprofessional or unethical conduct" includes but is not limited to the following acts of a home medical equipment and services provider: (a) Engaging in conduct likely to deceive, defraud, or harm the public, demonstrating a willful or careless disregard for the health, welfare, or safety of a sick or disabled person, or engaging in conduct which substantially departs from accepted standards of providing home medical equipment and services ordinarily exercised by a home medical equipment and services provider, with or without established proof of actual injury; (b) Engaging in grossly negligent professional conduct, with or without established proof of actual injury; (c) Obtaining any remuneration by fraud, misrepresentation, or deception; (d) Providing home medical equipment and services that carry a legend or require a prescription without a medical order from a licensed health care practitioner; or (e) Willfully or knowingly failing to maintain complete and accurate records of home medical equipment and services provided in compliance with federal and state laws, rules, or administrative regulations. (4) Any licensee who is found guilty of or enters an Alford plea or plea of nolo contendre to a violation prescribed in subsection (1) or (2)(c) of this section shall, within thirty (30) days, notify the board of that conviction or plea. Failure to do so shall be grounds for suspension or revocation of the license. (5) Any person whose license has been revoked in accordance with this section, other than a person whose license was revoked for being convicted of or entering an Alford plea or plea of nolo contendre to a sex crime as defined in KRS 17.500, a criminal offense against a victim who is a minor as defined in KRS 17.500, a felony offense under KRS Chapter 209, or an offense which would classify the person as a violent offender under KRS 439.3401, may petition the board for reinstatement. The petition shall be made in writing and in a form prescribed by the board. The board shall investigate all reinstatement petitions, and may reinstate a license upon a showing that the former holder has been rehabilitated and is again able to engage in the practice of providing home medical equipment and services with reasonable skill, competency, and safety to the public. Reinstatement may be on the terms and conditions that the board, based on competent evidence, reasonably believes necessary to protect the health and welfare of the citizens of the Commonwealth. (6) Upon exercising the power of revocation provided for in subsection (2) of this section, the board may reasonably prohibit any petition for reinstatement for a period up to and including five (5) years. (7) (a) A licensee who is disciplined under this section for a minor violation may request in writing that the board expunge the minor violation from the licensee's permanent record. (b) The request for expungement may be filed no sooner than three (3) years after the date on which the licensee has completed disciplinary sanctions imposed and if the licensee has not been disciplined for any subsequent violation of the same nature within this period of time. (c) A person shall not have his or her record expunged under this section more than once. (d) The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish what are considered minor violations under this subsection. A violation shall be deemed a minor violation if it does not: 1. Demonstrate a serious inability to practice the profession; 2. Involve the provisions of home medical equipment and services; 3. Adversely affect the public health, safety, or welfare; 4. Result in economic or physical harm to a person; or 5. Create a significant threat of such harm. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 46, effective June 29, 2017. -- Created 2016 Ky. Acts ch. 103, sec. 8, effective July 15, 2016.

KRS 309.420 Reciprocity with bordering states

309.420. Reciprocity with bordering states (1) (a) The board may grant a license on the basis of reciprocity to a home medical equipment and services provider located in one (1) of Kentucky's seven (7) contiguous bordering states that licenses home medical equipment and services providers if: 1. The out-of-state provider physically located in one (1) of Kentucky's seven (7) contiguous bordering states possesses a valid license from a jurisdiction that grants the same privileges to persons licensed by the Commonwealth as the Commonwealth grants to persons licensed by the other jurisdiction; 2. The requirements for licensure in the contiguous bordering state, including but not limited to a requirement for a physical location in the state as a condition of issuing or renewing a license, are substantially similar to the requirements under KRS 309.400 to 309.422; and 3. The out-of-state provider seeking licensure states that he or she has studied, is familiar with, and shall abide by KRS 309.400 to 309.422 and the administrative regulations promulgated thereunder. (b) 1. Notwithstanding subsection (2) of this section, the board may grant a license on the basis of reciprocity to a home medical equipment and services provider physically located in one (1) of Kentucky's seven (7) contiguous bordering states that does not license home medical equipment and services providers if the out-of-state provider seeking to operate in Kentucky states by affidavit that he or she has studied, is familiar with, and shall abide by KRS 309.400 to 309.422 and the administrative regulations promulgated thereunder; and 2. The contiguous bordering state grants the same privileges to persons licensed in the Commonwealth as the Commonwealth grants to providers from the state described in subparagraph 1. of this paragraph. (2) If the requirements for licensure under KRS 309.400 to 309.422 and the administrative regulations promulgated thereunder are more restrictive than the standards of a contiguous jurisdiction, then the out-of-state provider shall comply with the additional requirements of KRS 309.400 to 309.422 to obtain a reciprocal license. Effective: July 15, 2016 History: Repealed, reenacted, renumbered, and amended 2016 Ky. Acts ch. 103, sec. 7, effective July 15, 2016. -- Amended 2015 Ky. Acts ch. 56, sec. 2, effective June 24, 2015. -- Created 2012 Ky. Acts ch. 73, sec. 7, effective July 12, 2012. Formerly codified as KRS 315.522.

KRS 309.422 Providing home medical equipment and services without license -- Penalty

309.422. Providing home medical equipment and services without license -- Penalty (1) A person who engages in the business of providing home medical equipment and services and who is required to be licensed under KRS 309.412 or 309.420 and who knowingly provides home medical equipment and services without a license issued by the board commits a Class A misdemeanor. (2) Each day a violation of this section continues constitutes a separate offense. Effective: July 15, 2016 History: Repealed, reenacted, renumbered, and amended 2016 Ky. Acts ch. 103, sec. 10, effective July 15, 2016. -- Created 2012 Ky. Acts ch. 73, sec. 8, effective July 12, 2012. Legislative Research Commission Note (7/15/2016). Subsection (1) of 2016 Ky. Acts ch. 103, sec. 10 (this statute) reads in part "…who is required to be licensed under Section 5 or 7 of this Act…" Section 5 of that Act was KRS 309.414, which prescribes the process for applying for a license as a home medical equipment and services provider, and Section 7 of that Act was KRS 309.420, which provides license reciprocity in Kentucky for providers licensed in another state. However, it was Section 3 of that Act, KRS 309.412, that contains the requirement that a person providing home medical equipment and services be licensed. Therefore, Section 3 should have been referred to instead of Section 5. In codifying 2016 Ky. Acts ch. 103, sec. 10, the Reviser of Statutes has changed the citation as codified in subsection (1) of this statute to read in part "…who is required to be licensed under KRS 309.412 or 309.420 …" to correct this manifest clerical or typographical error under the authority of KRS 7.136(1)(h). Formerly codified as KRS 315.524.

KRS 309.430 Definitions for KRS 309.430 to 304.454

309.430. Definitions for KRS 309.430 to 304.454 As used in KRS 309.430 to 309.454, unless the context requires otherwise: (1) "Alter" means to change or modify a building or building design, or to revise, rather than repair, a mitigation system or mitigation system design; (2) "Analytical analysis" means the act of analyzing the radon or radon progeny concentrations with active measurement devices; (3) "Board" means the Kentucky Board of Radon Safety; (4) "Building" means any structure used or intended to be used for supporting or sheltering any use or occupancy; (5) "Certified" means meeting the certification requirements of a proficiency program for radon measurement, radon mitigation, or radon laboratory analysis; (6) "Commercial building" means any building other than a residential building, including those buildings intended for public purposes; (7) "Compensation" means something of value given or received in exchange for radon measurement, radon mitigation, or laboratory analysis; (8) "Contractor" means a person or business entity that provides goods or services to another person under the terms specified in a contract or verbal agreement, and who is not an agent or employee of that person; (9) "Direct supervision" means constant onsite supervision by a certified person; (10) "General supervision" means intermittent onsite supervision by a certified person who accepts responsibility for ensuring compliance by his or her employees or subcontractors with all applicable requirements under KRS 309.430 to 309.454; (11) "Government agency" means the Commonwealth of Kentucky, a state agency, a political subdivision, or any entity of local government; (12) "Laboratory analysis" means the act of analyzing the radon or radon progeny concentrations with passive measurement devices, or the act of calibrating radon or radon progeny measurement devices, or the act of exposing radon or radon progeny devices to controlled concentrations of radon or radon progeny; (13) "Measurement" means the act of testing the air, water, or soil using an active or passive measurement device for the presence of radon or radon progeny in the indoor environment of a building; (14) "Measurement device" means any active or passive device approved by a proficiency program and used for the measurement of radon or radon progeny in air, water, or soil in the indoor environment of a building; (15) "Measurement contractor" means a person certified by a proficiency program who provides radon measurement for compensation and who meets the requirements of KRS 309.438; (16) "Mitigation" means the act of installing, repairing, or altering an active or passive system, for the purpose in whole or in part of reducing the concentration of radon or radon progeny in the indoor environment of a building; (17) "Mitigation contractor" means a person certified by a proficiency program who provides radon mitigation for compensation and who meets the requirements of KRS 309.440; (18) "Mitigation system" means any active or passive system designed to reduce radon concentrations in the indoor environment of a building; (19) "Person" has the same meaning as in KRS 446.010; (20) "Proficiency program" means either the National Radon Proficiency Program or the National Radon Safety Board; (21) "Radon" means a naturally occurring radioactive element that exists as a colorless, odorless, and tasteless inert gas; (22) "Radon decay products" means the four (4) short-lived radioactive elements polonium (Po-218), lead (Pb-214), bismuth (Bi-214), and polonium (Po-214) which exist as solids and immediately follow radon (Rn-222) in the decay chain; (23) "Radon laboratory" means a business entity certified by a proficiency program that provides laboratory analysis for compensation and meets the requirements of KRS 309.444; (24) "Radon progeny" means any combination of the radioactive decay products of radon; (25) "Registrant" means a person or business entity registered with the board as a measurement contractor, mitigation contractor, or radon laboratory; (26) "Research" means board-approved scientific investigation that includes radon measurement, radon mitigation, or laboratory analysis; (27) "Residential building" means detached one (1) to four (4) family dwellings not more than three (3) stories in height where occupants are primarily permanent in nature; and (28) "Standard operating procedure" means a written document established by an accredited American National Standards Institute development organization that describes in detail commonly accepted methods for the performance of certain tasks associated with radon measurement, mitigation, or laboratory analysis. Effective: July 14, 2022 History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 73, sec. 1, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 159, sec. 1, effective June 27, 2019. -- Created 2011 Ky. Acts ch. 74, sec. 1, effective June 8, 2011. Formerly codified as KRS 211.9101.

KRS 309.432 Creation of Kentucky Board of Radon Safety -- Qualifications of members -- Terms -- Vacancies -- Quorum -- Officers -- Immunity -- Reimbursements

309.432. Creation of Kentucky Board of Radon Safety -- Qualifications of members -- Terms -- Vacancies -- Quorum -- Officers -- Immunity -- Reimbursements (1) The Kentucky Board of Radon Safety is hereby created and shall be attached to the Department of Professional Licensing in the Public Protection Cabinet for administrative purposes. Each member of the board shall be a citizen and resident of the Commonwealth of Kentucky. The board shall consist of seven (7) members as follows: (a) Four (4) members shall be either a radon measurement contractor, a radon mitigation contractor, or a person associated with a radon laboratory conducting laboratory analysis and shall be appointed by the Governor from a list of six (6) names submitted to the Governor by the Kentucky Association of Radon Professionals; (b) One (1) nonvoting member shall be a representative of the home building industry and shall be appointed by the Governor from a list of three (3) names submitted to the Governor by the Home Builders Association of Kentucky; (c) One (1) nonvoting member shall be a real estate salesperson or broker licensed under KRS Chapter 324 and shall be appointed by the Governor from a list of three (3) names submitted to the Governor by the Kentucky Association of Realtors; and (d) One (1) member shall be a representative of a public health organization and shall be appointed by the Governor from a list of three (3) names submitted to the Governor by the Kentucky Cancer Consortium. (2) (a) To be eligible for initial appointment as a member of the board under subsection (1)(a) of this section, a person shall have been actively engaged in the practice of radon measurement, mitigation, or laboratory analysis for not less than three (3) years immediately preceding the date of appointment to the board. (b) Upon expiration of the initial appointments, to be eligible for appointment as a member of the board under subsection (1)(a) of this section, a person shall have been actively engaged in the practice of radon measurement, mitigation, or laboratory analysis for not less than three (3) years immediately preceding the date of the appointment to the board and hold a valid certification as a radon measurement contractor or radon mitigation contractor, or be associated with a radon laboratory with a valid certification. (3) The Governor shall initially appoint two (2) members for a term of four (4) years, two (2) members for a term of three (3) years, and one (1) member for a term of two (2) years. All appointments shall expire on June 30 of the last year of the terms. Thereafter, members shall be appointed for terms of four (4) years. Members shall serve until their successors are appointed. (4) Upon recommendation of the board, the Governor may remove any member of the board appointed by the Governor for poor attendance, neglect of duty, misfeasance, or malfeasance in office. (5) Vacancies in the membership of the board for any cause shall be filled by appointment by the Governor for the balance of the unexpired term. (6) A majority of the voting board members shall constitute a quorum to do business. The board shall meet at least once each calendar year or at other times deemed necessary by the chairperson or a quorum of the board upon being given a minimum of ten (10) days' notice at a location designated by the chairperson or a quorum of the board. (7) The board shall elect a chairperson and a vice chairperson. The chairperson shall preside at all meetings at which the chairperson is present. The vice chairperson shall preside at all meetings in the absence of the chairperson. (8) If the chairperson and vice chairperson are absent from a meeting of the board when a quorum exists, the members who are present may elect a presiding officer who shall serve as acting chairperson until the conclusion of the meeting or until the arrival of the chairperson or vice chairperson. (9) Members of the board shall be immune from suit for any discretionary act performed by them in good faith. (10) Each member of the board shall be reimbursed for costs for actual travel and for incidental, clerical, and all other actual and necessary expenses incurred in the discharge of official duties associated with the board, as prescribed by the board through the promulgation of an administrative regulation. Effective: July 14, 2022 History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 73, sec. 2, effective July 14, 2022. -- Created 2011 Ky. Acts ch. 74, sec. 2, effective June 8, 2011. Formerly codified as KRS 211.9103.

KRS 309.434 Powers and responsibilities of Board of Radon Safety

309.434. Powers and responsibilities of Board of Radon Safety The board shall: (1) Promote the control of radon in the Commonwealth of Kentucky; (2) Develop and conduct programs for evaluation and control of activities related to radon, including laboratory analyses, measurement, and mitigation; (3) Promulgate administrative regulations in accordance with KRS Chapter 13A to administer, coordinate, and enforce KRS 309.430 to 309.454; (4) Issue a registration certificate to certified persons or business entities registered by the board; (5) Maintain a public list of all certified persons or business entities registered by the board; (6) Design and administer, or participate in the design and administration of, educational and research programs to ensure the citizens of the Commonwealth are informed about the health risks associated with radon; (7) Enter into agreements with any federal or state agency, political subdivision, postsecondary education institution, nonprofit organization, or other person or entity to assist with and administer grants received by the board, including but not limited to the Environmental Protection Agency State Indoor Radon Grant (SIRG) program; (8) Prepare an annual budget for the use of moneys received by the board from the collection of fees and fines, receipt of grants, and all other radon-related activities; (9) Establish and maintain office space and personnel, as necessary, to administer, coordinate, and enforce KRS 304.430 to 309.454; (10) Collect or receive all fees, fines, and other moneys owed pursuant to KRS 309.430 to 309.454, and deposit all those moneys into the radon control fund established by KRS 309.454; (11) Issue subpoenas only through the board's attorney and only under the authority of the board's general counsel; (12) Administer oaths, examine witnesses, investigate allegations of wrongdoing, and conduct administrative hearings in accordance with KRS Chapter 13B to enforce KRS 309.430 to 309.454; and (13) Record minutes of board meetings and proceedings which shall be documented and made available for public inspection. Effective: July 14, 2022 History: Repealed and reenacted 2022 Ky. Acts ch. 73, sec. 3, effective July 14, 2022. - - Amended 2019 Ky. Acts ch. 159, sec. 2, effective June 27, 2019. -- Created 2011 Ky. Acts ch. 74, sec. 3, effective June 8, 2011. Formerly codified as KRS 211.9105.

KRS 309.436 Prohibition against conduct of radon measurement, mitigation, or laboratory analysis without certification -- Exceptions

309.436. Prohibition against conduct of radon measurement, mitigation, or laboratory analysis without certification -- Exceptions No person or business entity shall conduct radon measurement, mitigation, or laboratory analysis in this Commonwealth after January 1, 2013, without the appropriate certification pursuant to KRS 309.430 to 309.454. No person or business entity shall advertise or claim to be a "certified measurement contractor," "certified mitigation contractor," or "certified radon laboratory," unless certified pursuant to KRS 309.430 to 309.454. Certification requirements under KRS 309.430 to 309.454 shall apply to a radon measurement contractor, radon mitigation contractor, or radon laboratory, but shall not apply to: (1) A person performing measurement or mitigation on a single-family residential building that he or she owns and occupies; (2) A person performing measurement on a residential or commercial building that he or she owns; (3) A person performing measurement who assists, and is under the general supervision of, a measurement contractor; (4) A person performing mitigation who assists, and is under the direct supervision of, a mitigation contractor; (5) An agent of the federal, state, or local government agency acting within an official capacity; (6) A person performing measurement or mitigation as part of a scientific research project approved by the cabinet; (7) A retail store or any other organization that sells or distributes radon measurement devices and is not engaged in a relationship with the client for other services, such as home inspection or real estate brokerage, and that does not conduct measurement, mitigation, or laboratory analysis; (8) A person performing measurement or mitigation as part of radon training approved by a proficiency program; or (9) A building contractor installing vent pipes during the construction of a commercial building or home. Effective: July 14, 2022 History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 73, sec. 4, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 159, sec. 3, effective June 27, 2019. -- Amended 2016 Ky. Acts ch. 28, sec. 1, effective July 15, 2016. -- Created 2011 Ky. Acts ch. 74, sec. 4, effective June 8, 2011. Formerly codified as KRS 211.9107.

KRS 309.438 Registration as radon measurement contractor -- Renewal of registration certificate -- Duties of measurement contractor

309.438. Registration as radon measurement contractor -- Renewal of registration certificate -- Duties of measurement contractor (1) The board shall issue a radon measurement contractor registration certificate to any person certified for measurement who: (a) Completes a registration process prescribed by the board through promulgation of an administrative regulation; (b) Presents proof of compliance with a board-approved proficiency program; and (c) Furnishes evidence of a general liability insurance policy that satisfies the requirements of KRS 309.442. (2) The board shall renew the radon measurement contractor registration certificate of any person who: (a) Completes a registration renewal process and pays a fee prescribed by the board through promulgation of an administrative regulation; (b) Presents proof of compliance with a board-approved proficiency program; and (c) Furnishes evidence of a general liability insurance policy that satisfies the requirements of KRS 309.442; (3) A measurement contractor shall: (a) Maintain certification with a board-approved proficiency program; (b) Ensure all measurements are conducted in accordance with the applicable standard operating procedures; (c) Maintain a quality control program plan in accordance with the standard operating procedures for measurement quality assurance and control; (d) Ensure all measurements are conducted under the general supervision of a measurement contractor; (e) Use or sell only measurement devices approved by the proficiency program that certifies the person; and (f) Ensure all laboratory analysis is procured through a radon laboratory. Effective: July 14, 2022 History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 73, sec. 5, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 159, sec. 4, effective June 27, 2019. -- Amended 2013 Ky. Acts ch. 68, sec. 2, effective June 25, 2013. -- Created 2011 Ky. Acts ch. 74, sec. 5, effective June 8, 2011. Formerly codified as KRS 211.9109.

KRS 309.440 Registration as mitigation contractor -- Renewal of registration certificate -- Duties of mitigation contractor

309.440. Registration as mitigation contractor -- Renewal of registration certificate -- Duties of mitigation contractor (1) The board shall issue a mitigation contractor registration certificate to any person certified for mitigation who: (a) Completes a registration process prescribed by the board through promulgation of an administrative regulation; (b) Presents proof of compliance with a board-approved proficiency program; and (c) Furnishes evidence of a general liability insurance policy that satisfies the requirements of KRS 309.442. (2) The board shall renew the mitigation contractor registration certificate of any person who: (a) Completes a registration renewal process and pays a fee prescribed by the board through promulgation of an administrative regulation; (b) Presents proof of compliance with a board-approved proficiency program; and (c) Furnishes evidence of a general liability insurance policy that satisfies the requirements of KRS 309.442. (3) A mitigation contractor shall: (a) Maintain certification with a board-approved proficiency program; (b) Ensure all mitigations are conducted in accordance with the applicable mitigation standard operating procedures; (c) Maintain a quality control program plan in accordance with the applicable standard operating procedures for mitigation quality assurance and control; (d) Ensure all mitigation is conducted under the direct supervision of a mitigation contractor; (e) Ensure all post-mitigation measurement is conducted by a measurement contractor; and (f) Ensure all radon mitigation systems repaired or altered on or after January 1, 2013, meet the applicable mitigation standard operating procedures. Effective: July 14, 2022 History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 73, sec. 6, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 159, sec. 5, effective June 27, 2019. -- Amended 2013 Ky. Acts ch. 68, sec. 3, effective June 25, 2013. -- Created 2011 Ky. Acts ch. 74, sec. 6, effective June 8, 2011. Formerly codified as KRS 211.9111.

KRS 309.442 Insurance policy required for mitigation and measurement contractors

309.442. Insurance policy required for mitigation and measurement contractors Each mitigation or measurement contractor shall maintain an insurance policy that: (1) Is issued by an insurance company or other legal entity permitted to transact insurance business in the Commonwealth of Kentucky; (2) Provides for general liability coverage for measurement contractors in an amount of at least two hundred fifty thousand dollars ($250,000) that is maintained in effect at all times during the registration period; (3) Provides for general liability coverage for mitigation contractors and radon laboratories in an amount of at least five hundred thousand dollars ($500,000) that is maintained in effect at all times during the registration period; (4) Lists the board as a certificate holder of any insurance policy issued under subsection (1) of this section; and (5) States that cancellation or nonrenewal of the underlying liability insurance policy is not effective until the board receives at least ten (10) days' written notice of the cancellation or nonrenewal. Effective: July 14, 2022 History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 73, sec. 7, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 159, sec. 6, effective June 27, 2019. -- Amended 2013 Ky. Acts ch. 68, sec. 4, effective June 25, 2013. -- Created 2011 Ky. Acts ch. 74, sec. 7, effective June 8, 2011. Formerly codified as KRS 211.9113.

KRS 309.444 Registration as radon laboratory -- Renewal of registration certificate -- Requirements for radon laboratory

309.444. Registration as radon laboratory -- Renewal of registration certificate -- Requirements for radon laboratory (1) The board shall issue a radon laboratory registration certificate to any business entity certified for radon laboratory analysis that: (a) Completes a registration process prescribed by the board through promulgation of an administrative regulation; (b) Presents proof of compliance with a board-approved proficiency program; and (c) Furnishes evidence of a general liability insurance policy that satisfies the requirements of KRS 309.442. (2) The board shall renew the radon laboratory registration certificate of any business entity that: (a) Completes a registration process and pays a fee prescribed by the board through promulgation of an administrative regulation; (b) Presents proof of compliance with a board-approved proficiency program; and (c) Furnishes evidence of a general liability insurance policy that satisfies the requirements of KRS 309.442; (3) A radon laboratory shall: (a) Maintain certification with a board-approved proficiency program; (b) Ensure all laboratory analysis is conducted in accordance with the applicable laboratory analysis standard operating procedures; and (c) Maintain a quality control program plan in accordance with the applicable standard operating procedures for laboratory analysis quality assurance and control. Effective: July 14, 2022 History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 73, sec. 8, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 159, sec. 7, effective June 27, 2019. -- Created 2011 Ky. Acts ch. 74, sec. 8, effective June 8, 2011. Formerly codified as KRS 211.9115.

KRS 309.446 When business entity may engage in radon measurement, mitigation, or laboratory analysis

309.446. When business entity may engage in radon measurement, mitigation, or laboratory analysis A business entity may engage in radon measurement, mitigation, or laboratory analysis if the owner or an employee associated with the business entity is a measurement or mitigation contractor, or radon laboratory, as applicable. Effective: July 14, 2022 History: Repealed and reenacted 2022 Ky. Acts ch. 73, sec. 9, effective July 14, 2022. - - Amended 2019 Ky. Acts ch. 159, sec. 8, effective June 27, 2019. -- Created 2011 Ky. Acts ch. 74, sec. 10, effective June 8, 2011. Formerly codified as KRS 211.9119.

KRS 309.448 Sanctions for misconduct -- Board's powers -- Appeals

309.448. Sanctions for misconduct -- Board's powers -- Appeals (1) Subject to an administrative hearing conducted in accordance with KRS Chapter 13B, the board may revoke, suspend, or restrict the registration of a registrant, refuse to issue or renew registration, reprimand, censure, place on probation, or impose a fine not to exceed one thousand dollars ($1,000) per occurrence on a certified person or business entity who: (a) Has been convicted of a felony under the laws of the Commonwealth of any crime that involves theft or dishonesty, or is a sex crime as defined by KRS 17.500; (b) Has had disciplinary action taken against a professional license, certification, registration, or permit held by the person or business entity seeking registration; (c) Engaged in fraud or deceit in obtaining certification or registration; (d) Attempts to transfer the authority granted by the registration to another person or business entity; (e) Disregards or violates the building codes, electrical codes, or related laws of this Commonwealth or ordinances of any city, county, urban-county government, consolidated local government, charter county government, or unified local government; (f) Aids or abets any person attempting to evade the provisions of KRS 309.430 to 309.454 or the administrative regulations promulgated by the board; (g) Uses unfair or deceptive trade practices; or (h) Knowingly violates any of the provisions of KRS 309.430 to 309.454 or any administrative regulation promulgated by the board. (2) If an application for registration or renewal of registration is denied, the person or business entity seeking registration shall not conduct radon measurement, mitigation, or laboratory analysis within the Commonwealth of Kentucky. (3) Notwithstanding the existence or pursuit of any other civil or criminal remedy, the board may institute proceedings in the Circuit Court of the county where the person resides or the business entity is located for an order enjoining the person or business entity from engaging or attempting to engage in activities that violate any provisions of KRS 309.430 to 309.454 or any administrative regulation promulgated by the board. (4) Any final order of the board may be appealed to the Circuit Court of the county in which the person resides or the business entity is located after a written decision is rendered in accordance with KRS Chapter 13B. Effective: July 14, 2022 History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 73, sec. 10, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 159, sec. 10, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 158, sec. 37, effective June 29, 2017. -- Created 2011 Ky. Acts ch. 74, sec. 13, effective June 8, 2011 Formerly codified as KRS 211.9125.

KRS 309.450 Board's powers to examine, inspect, and test -- Prohibition upon interfering with inspection

309.450. Board's powers to examine, inspect, and test -- Prohibition upon interfering with inspection (1) The board may examine records of mitigation contractors, measurement contractors, and radon laboratories, including but not limited to conducting inspections of mitigation system installations and measurement locations in order to ensure that radon measurement, mitigation, and laboratory analysis are conducted in accordance with the applicable standard operating procedures. (2) The board may test any equipment used for measurement, mitigation, or laboratory analysis or photograph or sketch any portion of a site, building, or equipment involved in measurement, mitigation, or laboratory analysis. (3) No person shall use or continue to use, or permit the use or continued use of, any radon mitigation system if an agent or inspector of the board finds that the radon mitigation system was not constructed, installed, or altered in accordance with the applicable mitigation standard operating procedures. (4) For purposes of enforcing KRS 309.430 to 309.454 or any administrative regulation promulgated by the board pertaining to radon measurement, mitigation, or laboratory analysis, an agent or inspector of the board shall have the power to enter upon premises at all reasonable times to make an inspection, question all persons, and require the production of radon mitigation system plans, sketches, diagnostic information, and other evidence. (5) Agents and inspectors of the board shall be empowered to issue a stop order to any owner, agent, or occupant of real property requiring that the radon mitigation system thereon cease operation if that system has been found to be in violation of KRS 309.430 to 309.454 or any administrative regulation promulgated by the board. (6) A person shall not interfere with an inspection conducted by an agent or inspector of the board. Effective: July 14, 2022 History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 73, sec. 11, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 159, sec. 11, effective June 27, 2019. -- Created 2011 Ky. Acts ch. 74, sec. 15, effective June 8, 2011. Formerly codified as KRS 211.9129.

KRS 309.452 Duty to report noncompliance with KRS 309.430 to 309.454 -- Location and retention of required records

309.452. Duty to report noncompliance with KRS 309.430 to 309.454 -- Location and retention of required records (1) Any certified person or business entity shall report to the board the discovery of any apparent noncompliance with any provision of KRS 309.430 to 309.454 or any administrative regulation promulgated by the board pertaining to radon measurement, mitigation, or laboratory analysis. (2) Records required by this chapter or administrative regulations promulgated under KRS 309.430 to 309.454, including but not limited to records of radon measurement, mitigation, quality control program plans, calibration certifications, laboratory analysis activities, worker health and safety plans, and equipment repairs shall be retained by registrants, as applicable, for a minimum period of five (5) years or the length of time of any warranty or guarantee, whichever is greater. Records obtained by the board are exempt from the disclosure requirements of KRS 61.870 to 61.884, except that the board shall make the records available upon request: (a) To the owner or occupant of a building; and (b) To the public aggregated at the zip code level without identifying individual homeowners or individual property locations. (3) Any measurement or mitigation contractor applying for registration or renewal of registration shall specify, for approval by the board, the location where records required under this section shall be maintained for inspection by the board. This location shall be within the Commonwealth of Kentucky. Effective: July 14, 2022 History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 73, sec. 12, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 159, sec. 12, effective June 27, 2019. -- Created 2011 Ky. Acts ch. 74, sec. 16, effective June 8, 2011. Formerly codified as KRS 211.9131.

KRS 309.454 Radon control fund

309.454. Radon control fund (1) There is created the radon control fund as a separate trust and agency fund in the State Treasury, to be administered by the board. All fees, fines, and other moneys received by the board pursuant to KRS 309.430 to 309.454 shall be deposited in the fund and shall be used for the implementation of KRS 309.430 to 309.454, and are hereby appropriated for those purposes. (2) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year. (3) Any interest earnings of the fund shall become part of the fund and shall not lapse. Effective: July 14, 2022 History: Repealed, reenacted, and amended 2022 Ky. Acts ch. 73, sec. 13, effective July 14, 2022. -- Created 2011 Ky. Acts ch. 74, sec. 17, effective June 8, 2011. Formerly codified as KRS 211.9133.

KRS 309.460 Definitions for KRS 309.460 to 309.464

309.460. Definitions for KRS 309.460 to 309.464 For the purposes of KRS 309.460 to 309.464: (1) "Department" means the Kentucky Department for Public Health as established in KRS 194A.030; (2) "Certified community health worker" means an individual who has been certified, in accordance with KRS 309.462 and 309.464, by the department as a community health worker; and (3) "Core competencies" means the knowledge and skills a certified community health worker is expected to demonstrate in order to carry out the mission and goals of the profession as defined by the department through the promulgation of administrative regulations in accordance with KRS Chapter 13A. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 86, sec. 2, effective July 14, 2022.

KRS 309.462 Certification of community health workers -- Continuing education for recertification -- College course credit

309.462. Certification of community health workers -- Continuing education for recertification -- College course credit (1) Effective January 1, 2023, no person shall represent himself or herself as a community health worker unless he or she is certified as such in accordance with the provisions of KRS 309.460 to 309.464. (2) In order to be eligible to apply for community health worker certification, an individual shall: (a) Be a legal United States resident; (b) 1. Be a resident of Kentucky; or 2. Be employed as a community health worker in the state of Kentucky; (c) Be at least eighteen (18) years of age; and (d) 1. Complete a competency-based community health worker training and mentorship program offered by an organization approved by the department to provide community health worker training and mentorship; or 2. Meet requirements established by the department through the promulgation of administrative regulations, in accordance with KRS Chapter 13A, for certification based on relevant and verifiable past community health worker related work experience. (3) Community health worker certifications shall be renewed annually and shall expire on October 31 of the year following the date of certification or recertification. (4) In order to be eligible for recertification, a certified community health worker shall annually complete continuing education, as required by the department through the promulgation of administrative regulations in accordance with KRS Chapter 13A, related to the core competencies of community health work provided by an organization approved by the department to provide continuing education for certified community health workers. Administrative regulations promulgated pursuant to this subsection shall include requirements for continuing education related to oral health care, infant and maternal health care, and geriatric health care. (5) Notwithstanding any other provision of law to the contrary, an individual shall be eligible to earn college course credit for training, mentorship, and continuing education completed pursuant to subsections (2) and (4) of this section. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 86, sec. 3, effective July 14, 2022.

KRS 309.464 Duties of Department for Public Health

309.464. Duties of Department for Public Health The department shall: (1) Promulgate administrative regulations, in accordance with KRS Chapter 13A, necessary to carry out the provisions of KRS 309.462, including establishing: (a) The core competencies of community health work; (b) The community health worker certification application and renewal process, including training, mentorship, and continuing education requirements; (c) A certification application and renewal fee; (d) Procedures for certification denial, suspension, and revocation; and (e) The scope of practice for certified community health workers; (2) Approve competency-based training programs and training providers, which shall include the Kentucky Community and Technical College System; (3) Approve organizations to provide continuing education for certified community health workers; and (4) Work with the Kentucky Council on Postsecondary Education and the Kentucky Community and Technical College System to ensure that appropriate college course credits are awarded to individuals who complete certified community health worker training, mentorship, and continuing education provided by competency-based providers approved by the department. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 86, sec. 4, effective July 14, 2022.

KRS 309.0805 Use of titles restricted to individuals who are licensed, certified, or registered with the board -- Construction

309.0805. Use of titles restricted to individuals who are licensed, certified, or registered with the board -- Construction (1) No person shall use the title "certified clinical supervisor," "licensed alcohol and drug counselor," "licensed clinical alcohol and drug counselor," "licensed clinical alcohol and drug counselor associate," "certified alcohol and drug counselor," "associate alcohol and drug counselor II," "associate alcohol and drug counselor I," or "registered alcohol and drug peer support specialist," or hold himself or herself out as a "licensed clinical alcohol and drug counselor," "licensed clinical alcohol and drug counselor associate," "certified alcohol and drug counselor," or "registered alcohol and drug peer support specialist" unless he or she is licensed, certified, or registered pursuant to KRS 309.080 to 309.089. (2) Nothing in KRS 309.080 to 309.089 shall apply to persons licensed, certified, or registered under any other provision of the Kentucky Revised Statutes, includi ng but not limited to physicians, social workers, psychologists, marriage and family therapists, art therapists, nurses, or students in accredited training programs in those professions, and nothing in KRS 309.080 to 309.089 shall be construed to limit, interfere with, or restrict the practice, descriptions of services, or manner in which they hold themselves out to the public. (3) Nothing in KRS 309.080 to 309.089 shall be construed to alter, amend, or interfere with the practice of those who render counseling services, including but not limited to employment counseling, job placement counseling, vocational rehabilitation counseling, pastoral counseling based on any tenet of one's religious beliefs, or school counseling. (4) Nothing in KRS 309.080 to 309.089 shall apply to the activities and services of a student intern or trainee who is pursuing a program of studies in alcohol and drug counseling at an accredited institution of higher education, if these activities are performed under the supervision or direction of an approved supervisor and the activities are part of the supervised program of studies. Effective: April 10, 2026 History: Amended 2026 Ky. Acts ch. 80, sec. 2, effective April 10, 2026. -- Amended 2024 Ky. Acts ch. 89, sec. 2, effective July 15 , 2024. -- Amended 2021 Ky. Acts ch. 107, sec. 4, effective March 24, 2021. -- Amended 2020 Ky. Acts ch. 99, sec. 5, effective March 1, 2021. -- Amended 2015 Ky. Acts ch. 29, sec. 2, effective June 24, 2015. -- Created 1996 Ky. Acts ch. 96, sec. 2, effective July 15, 1996.

KRS 309.0813 Duties of board -- Administrative regulations -- Fees

309.0813. Duties of board -- Administrative regulations -- Fees The board shall: (1) Promulgate administrative regulations pursuant to KRS Chapter 13A for the administration and enforcement of KRS 309.080 to 309.089; (2) Promulgate administrative regulations pursuant to KRS Chapter 13A establishing a code of ethics, standards of practice, and continuing education for certified clinical supervisors, licensed alcohol and drug counselors, licensed clinical alcohol and drug counselors, licensed clinical alcohol and drug counselor associates, certified alcohol and drug counselors, associate alcohol and drug counselors II, associate alcohol and drug counselors I, and registered alcohol and drug peer support specialists; (3) Approve and disapprove, at least once every other month, those persons who shall be licensed, certified, or registered under KRS 309.080 to 309.089; (4) Approve the examination required of applicants for licensure or certification as certified clinical supervisors, or as alcohol and drug counselors and applicants for registration as alcohol and drug peer support specialists, and promulgate administrative regulations pursuant to KRS Chapter 13A for the administration and grading of the examination; (5) Promulgate administrative regulations pursuant to KRS Chapter 13A to define the process to register with the board as a certified clinical supervisor, licensed alcohol and drug counselor, registered alcohol and drug peer support specialist, certified alcohol and drug counselor, licensed c linical alcohol and drug counselor associate, or licensed clinical alcohol and drug counselor; (6) Promulgate administrative regulations pursuant to KRS Chapter 13A establishing grounds and procedures for denying, suspending, failing to reissue, or revokin g a license, certificate, or registration, and issuing reprimands and admonishments pursuant to KRS 309.080 to 309.089; (7) Hold a hearing pursuant to KRS Chapter 13B upon the request of an aggrieved licensee, licensee associate, certificate holder, or reg istrant, or an applicant for a license, certificate, or registration; (8) Employ needed personnel and establish their duties and compensation; (9) Maintain a register of certified clinical supervisors, licensed alcohol and drug counselors, licensed clinical alcohol and drug counselors, licensed clinical alcohol and drug counselor associates, certified alcohol and drug counselors, and registered alcohol and drug peer support specialists; (10) Keep a complete record of the board's proceedings; (11) Investigate suspected or alleged violations of KRS 309.080 to 309.089 and the administrative regulations promulgated pursuant to KRS 309.080 to 309.089; (12) Promulgate administrative regulations purs uant to KRS Chapter 13A establishing an initial licensure fee, certification fee, registration fee, and annual renewal fees not to exceed three hundred dollars ($300) each; (13) Take legal action as necessary to restrain or enjoin violations of KRS 309.080 to 309.089 and the administrative regulations promulgated pursuant to KRS 309.080 to 309.089; (14) Submit an annual report to the Governor and the Legislative Research Commission by January 1 of each year, which lists all hearings conducted by the board and the decisions rendered; and (15) Collect and deposit all fees, fines, and other moneys owed to the board into the State Treasury to the credit of the revolving fund established in KRS 309.082. Effective: April 10, 2026 History: Amended 2026 Ky. Acts ch. 80, sec. 3, effective April 10, 2026. -- Amended 2024 Ky. Acts ch. 89, sec. 5, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 107, sec. 5, effective March 24, 2021. -- Amended 2020 Ky. Acts ch. 99, sec. 6, effective March 1, 2021. -- Amended 2015 Ky. Acts ch. 29, sec. 4, effective June 24, 2015. -- Created 1996 Ky. Acts ch. 96, sec. 4, effective July 15, 1996. Legislative Research Commission Note (6/24/2015). Under the authority of KRS 7.136(1)(h), during codification of 2015 Ky. Acts ch. 29, sec. 4 (this statute), the Reviser of Statutes has corrected a reference in subsection (15) to "Section 15 of this Act" to read instead "Section 16 of this Act" since the text of subsection (15) is referring to a revolving fund established in Section 16 of that Act, not Section 15. As codified, Section 16 became KRS 309.082.

KRS 309.0814 Administrative regulations regarding supervisors of record

309.0814. Administrative regulations regarding supervisors of record (1) The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to define the process to register with the board as a supervisor of record, including required supervisory training. (2) A registered alcohol and drug peer support specialist shall only practice as an employee of a licensed facility or under the board-approved supervision of a certified alcohol and drug counselor or licensed clinical alcohol and drug counselor. Effective: June 24, 2015 History: Created 2015 Ky. Acts ch. 29, sec. 9, effective June 24, 2015.

KRS 309.0830 Requirements for licensure as licensed alcohol and drug counselor

309.0830. Requirements for licensure as licensed alcohol and drug counselor An applicant for licensure as a licensed alcohol and drug counselor shall pay the board the initial fee for licensure, and shall: (1) Be at least eighteen (18) years of age; (2) Have obtained from a regionally accredited college or university, or a college or university accredited by an agency recognized by the United States Department of Education, a thirty (30) hour master's degree in a human services field with clinical application; (3) Meet all education, work experience, and supervision requirements of the International Certification and Reciprocity Consortium for the Alcohol and Drug Counselor, with the required supervision hours being under the direct supervision of: (a) A licensed alcohol and drug counselor who has at least two (2) years of post-licensure experience and has attended the board-sponsored supervision training; or (b) A licensed clinical alcohol and drug counselor who has at least twelve (12) months of post-licensure experience or who has attended the board-sponsored supervision training; (4) Have passed a written examination that has been approved by the International Certification and Reciprocity Consortium; (5) Have signed an agreement to abide by the standards of practice and code of ethics approved by the board; (6) Have completed at least six (6) hours of ethics training; three (3) hours of domestic violence training; and two (2) hours training in the transmission, control, treatment, and prevention of the human immunodeficiency virus, in addition to the educational requirements in subsection (2) of this section; (7) Have submitted two (2) letters of reference from certified alcohol and drug counselors, licensed alcohol and drug counselors, or licensed clinical alcohol and drug counselors; (8) Live or work at least a majority of the time in Kentucky; and (9) Have complied with the requirements for the training program in suicide assessment, treatment, and management in KRS 210.366 and any administrative regulations promulgated thereunder. Effective:March 24, 2021 History: Created 2021 Ky. Acts ch. 107, sec. 2, effective March 24, 2021.

KRS 309.0831 Requirements for registration as an alcohol and drug peer support specialist

309.0831. Requirements for registration as an alcohol and drug peer support specialist An applicant for registration as an alcohol and drug peer support specialist shall pay the board an initial fee for registration, and shall: (1) Be at least eighteen (18) years of age; (2) Have obtained a high school diploma or equivalent; (3) Have completed five hundred (500) hours of board-approved experience working with persons having a substance use disorder, twenty-five (25) hours of which shall have been under the direct supervision of: (a) A certified alcohol and drug counselor who has at least two (2) years post- certification experience and has attended the board-sponsored supervision training; (b) A licensed clinical alcohol and drug counselor who has at least twelve (12) months of post-licensure experience or has attended the board-sponsored supervision training; or (c) Under supervision of the board, a registered alcohol and drug peer support specialist who has at least two (2) years of post-registered experience and has attended the board-sponsored supervision training; (4) Have completed at least forty (40) classroom hours of board-approved curriculum; (5) Have passed a written examination that has been approved by the board; (6) Have signed an agreement to abide by the standards of practice and code of ethics approved by the board; (7) Attest to being in recovery for a minimum of twelve (12) consecutive months from a substance-related disorder; (8) Have completed at least sixteen (16) hours of ethics training; three (3) hours of domestic violence training; two (2) hours of training in the transmission, control, treatment, and prevention of the human immunodeficiency virus; ten (10) hours of advocacy training; ten (10) hours of training in mentoring and education; and ten (10) hours of training in recovery support; (9) Have submitted two (2) letters of reference from certified alcohol and drug counselors or licensed clinical alcohol and drug counselors; (10) Live or work at least a majority of the time in Kentucky; and (11) Have complied with the requirements for the training program in suicide assessment, treatment, and management in KRS 210.366 and any administrative regulations promulgated thereunder. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 89, sec. 6, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 99, sec. 8, effective March 1, 2021. -- Created 2015 Ky. Acts ch. 29, sec. 5, effective June 24, 2015.

KRS 309.0832 Requirements for licensure as a licensed clinical alcohol and drug counselor

309.0832. Requirements for licensure as a licensed clinical alcohol and drug counselor An applicant for licensure as a licensed clinical alcohol and drug counselor shall pay the board the initial fee for licensure, and shall: (1) Be at least eighteen (18) years of age; (2) Have obtained from a regionally accredited college or university or a college or university accredited by an agency recognized by the United States Department of Education: (a) A sixty (60) hour master's degree in a behavioral science with clinical application; (b) A thirty (30) hour advanced placement master's degree in a behavioral science with clinical application; or (c) A doctoral degree in a behavioral science with clinical application; (3) Meet all education and supervision requirements of the International Certification and Reciprocity Consortium for the Advanced Alcohol and Drug Counselor (AADC); (4) Have passed a written examination as specified by the board in administrative regulation; (5) Have signed an agreement to abide by the standards of practice and code of ethics approved by the board; (6) Have completed at least six (6) hours of ethics training; three (3) hours of domestic violence training; and two (2) hours training in the transmission, control, treatment, and prevention of the human immunodeficiency virus, in addition to the educational requirements in subsection (2) of this section; (7) Have submitted two (2) letters of reference from certified alcohol and drug counselors or licensed clinical alcohol and drug counselors; (8) Live or work at least a majority of the time in Kentucky; and (9) Have complied with the requirements for the training program in suicide assessment, treatment, and management in KRS 210.366 and any administrative regulations promulgated thereunder. Effective:March 24, 2021 History: Amended 2021 Ky. Acts ch. 107, sec. 7, effective March 24, 2021. -- Amended 2020 Ky. Acts ch. 99, sec. 9, effective March 1, 2021. -- Created 2015 Ky. Acts ch. 29, sec. 7, effective June 24, 2015.

KRS 309.0833 Requirements for licensure as a licensed clinical alcohol and drug counselor associate

309.0833. Requirements for licensure as a licensed clinical alcohol and drug counselor associate (1) An applicant for licensure as a licensed clinical alcohol and drug counselor associate shall: (a) Pay the board the initial fee for licensure; (b) Complete the requirements under KRS 309.0832(1) to (9); and (c) Obtain a board-approved supervisor of record. (2) Upon completion of the hours of board-approved experience, a licensed clinical alcohol and drug counselor associate may apply to the board for licensure as a licensed clinical alcohol and drug counselor. Effective:March 24, 2021 History: Amended 2021 Ky. Acts ch. 107, sec. 8, effective March 24, 2021. -- Amended 2020 Ky. Acts ch. 99, sec. 10, effective March 1, 2021. -- Created 2015 Ky. Acts ch. 29, sec. 8, effective June 24, 2015.

KRS 309.0834 Requirements for certification as certified clinical supervisor -- Supervision authorized

309.0834. Requirements for certification as certified clinical supervisor -- Supervision authorized (1) An applicant for certification as a certified clinical supervisor shall pay the board the initial fee for certification, and shall: (a) Hold and maintain an alcohol and drug counselor license, clinical alcohol and drug counselor license, or alcohol and drug counselor certification at the International Certification and Reciprocity Consortium reciprocal level; (b) Meet all education, continuing education, work experience, and supervision requirements of the International Certification and Reciprocity Consortium for the Clinical Supervisor; (c) Have passed a written examination that has been approved by the International Certification and Reciprocity Consortium; and (d) Have signed an agreement to abide by the standards of practice and code of ethics approved by the board. (2) The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish a limited period of time of not less than ninety (90) days or more than one (1) year from April 20, 2022, during which the board may grant certification as a clinical supervisor to an applicant who does not meet all the requirements of subsection (1) of this section if the applicant: (a) Is licensed in Kentucky as a clinical alcohol and drug counselor or certified in Kentucky as an alcohol and drug counselor as of March 24, 2021; and (b) Has board approval to provide clinical supervision as of March 24, 2021. (3) An applicant who has been granted certification by the board in accordance with subsection (2) of this section shall be immediately authorized to provide clinical supervision to alcohol and drug counselors in accordance with subsection (5) of this section and any administrative regulations promulgated by the board establishing requirements for clinical supervision. (4) After the expiration of the time period established by the board under subsection (2) of this section, an applicant for certification as a clinical supervisor shall meet the requirements in subsection (1) of this section in accordance with any administrative regulations promulgated by the board establishing requirements for certification. (5) A certified clinical supervisor may supervise registered alcohol and drug peer support specialists, licensed alcohol and drug counselors, licensed clinical alcohol and drug counselors, certified alcohol and drug counselors, and persons who are seeking registration or certification. Effective:April 20, 2022 History: Amended 2022 Ky. Acts ch. 223, sec. 17, effective April 20, 2022. -- Created 2021 Ky. Acts ch. 107, sec. 1, effective March 24, 2021.

KRS 309.0836 Repealed, 2026

309.0836. Repealed, 2026 Catchline at repeal: Requirements for registration as a temporary alcohol and drug peer support specialist. History: Repealed 2026 Ky. Acts ch. 80, sec. 5, effective April 10, 2026. -- Created 2024 Ky. Acts ch. 89, sec. 10, effective July 15, 2024.

KRS 309.0841 Requirements for certification as an associate alcohol and drug counselor

309.0841. Requirements for certification as an associate alcohol and drug counselor (1) An applicant for certification as an associate alcohol and drug counselor I shall pay the board the initial fee for certification, and shall: (a) Be at least eighteen (18) years of age; (b) Have obtained a high school diploma or high school equivalency diploma; (c) Have completed forty (40) classroom hours of board-approved curriculum, twenty (20) hours of which shall have been obtained in the previous two (2) years, that includes: 1. Screening assessment and engagement; 2. Treatment planning, collaboration, and referral; 3. Counseling; and 4. Professional and ethical responsibilities; (d) Be under the ongoing supervision of a board-approved supervisor for no less than two (2) hours, two (2) times a month in the practice of drug and alcohol counseling; and (e) Submit a signed statement agreeing to practice by the code of ethical standards adopted by the board. (2) During the first twelve (12) months after an initial certificate has been issued, an associate alcohol and drug counselor I shall complete at least thirty (30) additional classroom hours of board-approved curriculum as specified in subsection (1)(c)1. to 4. of this section. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 89, sec. 7, effective July 15, 2024. -- Created 2020 Ky. Acts ch. 99, sec. 2, effective March 1, 2021.

KRS 309.0842 Requirements for certification as an associate alcohol and drug counselor

309.0842. Requirements for certification as an associate alcohol and drug counselor An applicant for certification as an associate alcohol and drug counselor II shall pay the board the initial fee for certification, and shall: (1) Be certified by the board as an associate alcohol and drug counselor I for a period of at least eight (8) months; (2) Have four hundred (400) hours of documented chemical dependency counseling- related compensated work or supervised internship experience of which a minimum of eighty (80) hours shall be in chemical dependency counseling and all of which shall have been under the direct supervision of: (a) A certified alcohol and drug counselor who has at least two (2) years of post - certification experience and has attended the board-sponsored supervision training; or (b) A licensed clinical alcohol and drug counselor who has at least twelve (12) months of post -licensure experience or has attended the board -sponsored supervision training; and (3) Have seventy (70) hours of ap proved classroom hours of board -approved curriculum of which twenty (20) hours shall have been obtained in the previous two (2) years and shall be in addition to the classroom hours required in KRS 309.0841 for an associate alcohol and drug counselor I. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 89, sec. 8, effective July 15, 2024. -- Created 2020 Ky. Acts ch. 99, sec. 3, effective March 1, 2021.

KRS 309.1305 Application of statutes -- Construction of chapter -- Misuse of title or status prohibited

309.1305. Application of statutes -- Construction of chapter -- Misuse of title or status prohibited (1) No person shall use the title licensed professional art therapist or licensed professional art therapist associate or use "LPAT" or "LPATA" or a title or letters that are substantially the same, or hold himself or herself out as having this status unless he or she is licensed by the board. (2) No person shall engage in the practice of art therapy unless he or she is licensed under KRS 309.130 to 309.1399. (3) KRS 309.130 to 309.1399 shall not apply to persons licensed, certified, or registered under any other provision of the Kentucky Revised Statutes, including but not limited to physicians, physical therapists, occupational therapists, social workers, psychologists, and nurses, or students within accredited training programs of these professions. Nothing in KRS 309.130 to 309.1399 shall be construed to limit, interfere with, or restrict the practice, descriptions of services, or manner in which these persons hold themselves out to the public. (4) Nothing in KRS 309.130 to 309.1399 shall be construed to alter, amend, or interfere with the practice of employment counseling, job placement counseling, or school counseling. (5) Nothing in KRS 309.130 to 309.1399 shall be construed to apply to the activities and services of a student intern or trainee in art therapy who is pursuing a program of studies in art therapy at an accredited institution of higher learning if the activities are performed under the supervision of a licensed art therapist and constitute a part of the supervised program of study and if the person is designated as an art therapist intern or student in training. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 80, sec. 2, effective June 25, 2013. -- Amended 2009 Ky. Acts ch. 48, sec. 2, effective June 25, 2009. -- Created 1994 Ky. Acts ch. 337, sec. 9, effective July 15, 1994. Legislative Research Commission Note (6/25/2009). 2009 Ky. Acts ch. 48, sec. 12, provides: "Any person who is certified as a professional art therapist on the effective date of this Act [6/25/2009] shall automatically be licensed on the effective date of this Act [6/25/2009] and shall be issued a copy of the license at the time his or her certificate was next scheduled to be renewed if at that time the person complies with the provisions of Section 6 of this Act [KRS 309.1335] and has not been the subject of disciplinary action under Sections 8 [KRS 309.137] and 10 [KRS 309.1375] of this Act."

KRS 309.1315 Duties of board

309.1315. Duties of board The board shall: (1) Promulgate administrative regulations necessary to carry out the provisions of KRS 309.130 to 309.1399; (2) Select the examinations for licensure and administer the examinations at least annually; (3) Establish the application deadline for and score required to pass the examinations; (4) Process applications and conduct and review the required examinations; (5) Issue licenses to applicants who meet the requirements of KRS 309.133 to 309.137; (6) Deny, suspend, or revoke a license to practice art therapy; (7) Censure, reprimand, or place a license holder or applicant on probation for a period not to exceed one (1) year; (8) Maintain a current register of license holders as a matter of public record; (9) Establish criteria for continuing education; (10) Establish procedures for receiving, investigating, and resolving complaints against license holders; (11) Conduct administrative hearings in accordance with KRS Chapter 13B for disciplinary actions taken under authority of subsections (6) and (7) of this section; (12) Approve the level of supervision and experience required for persons seeking licensure; (13) Assess fees for the issuance and renewal of licenses to cover administrative and operating expenses of the board, and authorize all disbursements necessary to carry out the provisions of KRS 309.130 to 309.1399; (14) Implement an impaired professional art therapist treatment program; (15) Establish a code of ethics for license holders; (16) Establish requirements for supervision and qualifications of supervisors; and (17) Establish conditions for inactive status and return to active status for license holders. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 80, sec. 3, effective June 25, 2013. -- Amended 2009 Ky. Acts ch. 48, sec. 4, effective June 25, 2009. -- Amended 1996 Ky. Acts ch. 318, sec. 249, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 337, sec. 3, effective July 15, 1994. Legislative Research Commission Note (6/25/2009). 2009 Ky. Acts ch. 48, sec. 12, provides: "Any person who is certified as a professional art therapist on the effective date of this Act [6/25/2009] shall automatically be licensed on the effective date of this Act [6/25/2009] and shall be issued a copy of the license at the time his or her certificate was next scheduled to be renewed if at that time the person complies with the provisions of Section 6 of this Act [KRS 309.1335] and has not been the subject of disciplinary action under Sections 8 [KRS 309.137] and 10 [KRS 309.1375] of this Act."

KRS 309.1335 Renewal of license -- Continuing education experience requirement -- Suspension -- Reinstatement -- Retirement notification

309.1335. Renewal of license -- Continuing education experience requirement -- Suspension -- Reinstatement -- Retirement notification (1) Each license holder shall renew the license to practice art therapy biennially by: (a) Submitting a renewal application on a form provided by the board; (b) Paying a license renewal fee; and (c) Producing evidence of completion of relevant professional continuing education experience satisfactory to the board and not to exceed forty (40) hours per renewal cycle. (2) A ninety (90) day grace period shall be allowed for each license holder after the licensure period, during which time the license may be renewed upon payment of the renewal fee, the late fee, and compliance with all renewal requirements. (3) Any license granted by the board shall be automatically suspended if the holder fails to apply for the license renewal pursuant to this section within a period of three (3) months after the renewal deadline; however, any suspended license may be restored by the board upon payment of a reinstatement fee not to exceed one hundred dollars ($100) in addition to any unpaid renewal or late fees. Failure to renew a license within three (3) months from the date of suspension as provided in this section shall cause the license to be automatically revoked. Reinstatement of a revoked license shall require the license holder to reapply and meet all current standards for licensure. (4) A person licensed under the provisions of KRS 309.133 who intends to retire as a licensed professional art therapist, or as a licensed professional art therapist associate, shall notify the board in writing before the expiration of his or her current license. If, within a period of five (5) years from the year of retirement, the license holder wishes to resume practice as a licensed professional art therapist, or as a licensed professional art therapist associate, he or she shall notify the board in writing, and upon giving proof of completing the required continuing education and the payment of an amount equivalent to elapsed renewal fees, and for the licensed professional art therapist associate, obtaining a board-approved supervisor of record, the license shall be restored in full effect. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 80, sec. 5, effective June 25, 2013. -- Amended 2009 Ky. Acts ch. 48, sec. 6, effective June 25, 2009. -- Created 1994 Ky. Acts ch. 337, sec. 5, effective July 15, 1994. Legislative Research Commission Note (6/25/2009). 2009 Ky. Acts ch. 48, sec. 12, provides: "Any person who is certified as a professional art therapist on the effective date of this Act [6/25/2009] shall automatically be licensed on the effective date of this Act [6/25/2009] and shall be issued a copy of the license at the time his or her certificate was next scheduled to be renewed if at that time the person complies with the provisions of Section 6 of this Act [KRS 309.1335] and has not been the subject of disciplinary action under Sections 8 [KRS 309.137] and 10 [KRS 309.1375] of this Act."

KRS 309.1375 Administrative hearings concerning disciplinary actions

309.1375. Administrative hearings concerning disciplinary actions (1) Before denying, revoking, suspending, imposing probationary or supervisory conditions upon a license, issuing a written reprimand, or doing any combination of those regarding any licensee or applicant under KRS 309.130 to 309.1399, the board shall set the matter for hearing as provided by KRS Chapter 13B. (2) After revoking, suspending, imposing probationary or supervisory conditions upon a license, issuing a written reprimand, or doing any combination of those regarding a licensee or applicant, the board shall set the matter for a hearing upon the written request of the applicant or licensee within thirty (30) days of the applicant's or licensee's receipt of the letter advising him or her of the denial, refusal, admonishment, revocation, suspension, or other disciplinary action taken. (3) Any party aggrieved by a final order of the board may appeal to the Circuit Court of the county where the alleged violation occurred as provided by KRS Chapter 13B. Effective: June 25, 2009 History: Created 2009 Ky. Acts ch. 48, sec. 10, effective June 25, 2009.

KRS 309.1399 Penalty

309.1399. Penalty Any person who violates or aids in the violation of the provisions of KRS 309.130 to 309.1399 shall upon conviction be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 48, sec. 11, effective June 25, 2009. -- Created 1994 Ky. Acts ch. 337, sec. 10, effective July 15, 1994.

KRS 309.3535 Penalty for violation of KRS 309.353

309.3535. Penalty for violation of KRS 309.353 Any person who violates KRS 309.353 shall be guilty of a Class B misdemeanor. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 29, sec. 11, effective July 12, 2006.

KRS 309.3631 Annual renewal of certificate of good standing

309.3631. Annual renewal of certificate of good standing (1) A person, institution, or business entity offering a massage therapy program of instruction shall renew a certificate of good standing annually. (2) During the renewal process, the person, institution, or business entity shall submit to the board documentation of program updates, personnel changes, graduation rates, and licensing examination rates. (3) Application for the initial certificate of good standing and annual renewals shall include a fee prescribed by the board in administrative regulations. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 29, sec. 10, effective June 29, 2021. -- Created 2010 Ky. Acts ch. 112, sec. 8, effective July 15, 2010.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38779Fetched: 10/20/2026

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