GENERAL GOVERNMENT CABINET

Kentucky Board of Prosthetics, Orthotics, and Pedorthics

(Amendment)

 

      201 KAR 44:080. Renewals.

 

      RELATES TO: KRS 319B.120

      STATUTORY AUTHORITY: KRS 319B.030(1)(a), (b), (e), 319B.120

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 319B.120 authorizes the board to promulgate administrative regulations required to establish conditions for the renewal and reinstatement of licenses. This administrative regulation establishes procedures for the renewal of licenses.

 

      Section 1. Renewal. (1) A licensed prosthetist, licensed orthotist, licensed pedorthist, or licensed fitter-orthotics shall annually, on or before June 30:

      (a) File a completed Kentucky Board of Prosthetics, Orthotics and Pedorthics Renewal Application, 2015[Application for Renewal];

      (b) Submit proof of completion of continuing education established by 201 KAR 44:060; and

      (c) Pay to the board the renewal fee established by 201 KAR 44:010.

 

      Section 2. Grace Period. A six (6) month grace period shall apply beginning July 1, during which a licensed prosthetist, licensed orthotist, licensed pedorthist, or licensed fitter-orthotics may:

      (1) Continue to practice during the six (6) month grace period;[and]

      (2) Renew his or her license upon payment of the initial license fee and the late renewal fee; and

      (3) Complete the requirements of Section 1(1)(a) and (b) of this administrative regulation.

 

      Section 3. Expiration of License. (1) A license that is not renewed before December 31 shall be expired for failure to renew.

      (2) Upon expiration for failure to renew, the licensed prosthetist, licensed orthotist, licensed pedorthist, or licensed fitter-orthotics shall not practice prosthetics, orthotics, or pedorthics in the Commonwealth of Kentucky.

      (3) The board shall:

      (a) Notify in writing the licensed prosthetist, licensed orthotist, licensed pedorthist, or licensed fitter-orthotics at the last known address of record of the expiration for failure to renew; and

      (b) Instruct in writing the person whose license has expired to cease and desist practice.

 

      Section 4. Reinstatement. After January 1, a person whose license has expired for failure to renew[,] shall have his or her license reinstated upon:

      (1) Payment of the initial license fee and the reinstatement fee;

      (2) Completion of the Kentucky Board of Prosthetics, Orthotics and Pedorthics Reinstatement Application, 2015[Application for Reinstatement];

      (3) Documentation of employment from the time of expiration of employment until the present; and

      (4) Completion of the current requirements for licensure established in this administrative regulation.

 

      Section 5. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Kentucky Board of Prosthetics, Orthotics and Pedorthics Renewal Application", 2015[Application for Renewal", 4/2012]; and

      (b) "Kentucky Board of Prosthetics, Orthotics and Pedorthics Renewal Application", 2015[Application for Reinstatement", 4/2012].

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Licensure for Prosthetics, Orthotics, Pedorthics, 911 Leawood Drive, Frankfort, Kentucky 40601, (502) 564-3296, Monday through Friday, 8 a.m. to 4:30 p.m.

 

SIENNA NEWMAN, Chair

      APPROVED BY AGENCY: November 18, 2015

      FILED WITH LRC: December 18, 2015 at 8 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 26, 2016, at 1:30 p.m., in the office of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals interested in attending this hearing shall notify the agency in writing by five workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through February 29, 2016. Send written notification of intent to attend the public hearing or submit written comments on the proposed administrative regulation to:

      CONTACT PERSON: Megan Woodson, Office of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40601, phone 502-564-3296.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Nicole Biddle

      (1) Provide a brief summary of

      (a) What this administrative regulation does: This administrative regulation sets forth the procedure by which those applicants shall apply for a license renewal or reinstatement under the provisions of KAR Chapter 201.

      (b) The necessity of this administrative regulation: This regulation is necessary to establish the procedure for licensure renewals and reinstatements of persons who wish to practice in this state as a Licensed Orthotist, Licensed Prosthetist, Licensed Pedorthist, or Licensed Orthotic Fitter.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS Chapter 319B requires the board to establish a procedure for the licensure renewal and reinstatement of persons who wish to practice in this state as a Licensed Orthotist, Licensed Prosthetist, Licensed Pedorthist, or Licensed Orthotic Fitter.

      (d) How this administrative regulation will assist in the effective administration of the statutes: This administrative regulation will assist by establishing a procedure for licensing renewal and reinstatement.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This amendment incorporates new renewal and reinstatement application forms.

      (b) The necessity of the amendment to this administrative regulation: This amendment is necessary so the board is in compliance with KRS 319B.030 and KRS 319B.120.

      (c) How the amendment conforms to the content of the authorizing statutes: KRS 319B.030, KRS 319B.120, and the renewal regulation sets forth procedures and requirements for licensure renewal and reinstatement applicants.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment incorporates new application forms that are clearer and reflect updated fees.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The Kentucky Board of Prosthetics, Orthotics and Pedorthics has approximately 173 active licensees and renewals annually.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The applicants will have to complete new renewal and reinstatement application forms to receive licensure credentials.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There are no new costs associated with the amendment.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The benefits of this amendment are an efficient and updated application form for licensure renewals and reinstatements and the granting of licensure.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: No additional costs will be incurred.

      (b) On a continuing basis: No additional costs will be incurred.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The board’s operations are funded by fees paid by credential holders.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No increase in fees or funding will be required to implement the changes made by this regulation.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This administrative regulation does not establish fees or directly or indirectly increase any fees.

      (9) TIERING: Is tiering applied? Tiering was not applied as this amendment applies to all licensees and applicants.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Board of Prosthetics, Orthotics and Pedorthics licensees.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation: KRS 319B.030 and KRS 319B.120.

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None

      (c) How much will it cost to administer this program for the first year? No cost to administer.

      (d) How much will it cost to administer this program for subsequent years? There is no cost to administer.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: