GENERAL GOVERNMENT CABINET
Board of Licensed Diabetes Educators
††††† RELATES TO: KRS 309.331
††††† STATUTORY AUTHORITY: KRS 309.331(1), 309.334(2)(a)
††††† NECESSITY, FUNCTION AND CONFORMITY: KRS 309.331(1) requires the board to promulgate administrative regulations for the administration and enforcement of KRS 309.325 to 309.339. KRS 309.334(2)(a) requires the board to promulgate administrative regulations to establish the duties of the apprentice diabetes educator supervisor. This administrative regulation establishes the amount of work experience required for licensure and the qualifications to be a supervisor.
††††† Section 1. Accumulation of Work Experience. An apprentice diabetes educator shall accumulate at least 750 hours of supervised work experience within five (5) years from the date of application for licensure, of which 250 hours shall have been obtained within the last twelve (12) months preceding licensure application.
††††† Section 2. Supervision. (1)(a) The supervisor shall review the apprentice diabetes educatorís provision of diabetes self-management education.
††††† (b) The apprentice diabetes educator shall interact with the supervisor no less than two (2) hours quarterly, one (1) hour of which shall be while being physically present in the same room.
††††† (c)1. Prior to the apprentice applying for licensure, the supervisor shall observe the apprentice providing diabetes education to a patient while the supervisor is physically present in the same room on at least two (2) separate occasions, for a combined total of at least four (4) hours, two (2) hours of which shall have occurred within the last twelve (12) months preceding licensure application.
††††† 2. The apprentice shall be responsible for obtaining any permissions, releases, or waivers required by law in order for the supervisor to observe the apprentice providing diabetes education to a patient.
††††† (2) The hours of work experience and verification by the apprentice diabetes educator and supervisor shall be documented on the Application for Licensure, Form DE-01.
††††† (3) A supervisor shall not serve as a supervisor for more than four (4) apprentice diabetes educators at a time.
††††† (4) The supervision process shall focus on:
††††† (a) Identifying strengths, developmental needs, and providing direct feedback to foster the professional development of the apprentice diabetes educator;
††††† (b) Identifying and providing resources to facilitate learning and professional growth;
††††† (c) Developing awareness of professional and ethical responsibilities in the practice of diabetes education; and
††††† (d) Ensuring the safe and effective delivery of diabetes education services and fostering the professional competence and development of the apprentice diabetes educator.
††††† Section 3. Documentation Requirements. The documentation required by the Supervised Work Experience Report, Form DE-05 shall be maintained for a period of five (5) years and provided to the board at the request of the board.
††††† Section 4. Incorporation by Reference. (1) The following material is incorporated by reference:
††††† (a) "Application for Licensure",
Form DE-01, 09/2017[
April 2017]; and
††††† (b) "Supervised Work Experience Report", Form DE-05, 09/2016.
††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Licensed Diabetes Educators, 911 Leawood Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 5 p.m.
KIM DECOSTE, Chairperson
††††† APPROVED BY AGENCY: August 15, 2017
††††† FILED WITH LRC: August 15, 2017 at noon
††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 26, 2017 at 9:30 a.m., Eastern Time, at the Office of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by 5 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 cancelled. This hearing is open to the public. Any person who wished to be heard 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 be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until September 30, 2017. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
††††† CONTACT PERSON: Matt James, Board Counsel, Asst. Attorney General, Office of the Attorney General, 700 Capitol Avenue, Suite 118, Frankfort, Kentucky 40601, phone (502) 696-5300, fax (502) 564-9380, email firstname.lastname@example.org.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Matt James
††††† (1) Provide a brief summary of:
††††† (a) What this administrative regulation does: The regulation establishes the work experience and supervision required for licensure.
††††† (b) The necessity of this administrative regulation: This regulation is necessary because it explains the amount of work experience needed for licensure and the standards for supervision.
††††† (c) How this administrative regulation conforms to the content of the authorizing statues: The Board is given the authority to establish administrative regulations for the practice of diabetes educators.
††††† (d) How this administrative regulation currently assists or will assist in the effective
administration of the statutes: This administrative regulation sets forth the definitions of work experience and supervision for apprentice diabetes educators.
††††† (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: The amendment clarifies the supervisor affidavit on the form to specify that the supervisor must be a licensed or master licensed diabetes educator, and to require the supervisor to provide a license number.
††††† (b) The necessity of the amendment to this administrative regulation: There was some unclarity on the form about who qualifies as a supervisor.
††††† (c) How the amendment conforms to the content of the authorizing statutes: The amendment clarifies the form to indicate that a licensed or master licensed diabetes educator must serve as a supervisor.
††††† (d) How the amendment will assist in the effective and administration of the statutes: The amendment clarifies the requirements for supervision.
††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Over 500 individuals are licensed or master licensed diabetes educators, and there are currently several apprentice diabetes educators.
††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this 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 the administrative regulation or amendment: The supervisors and apprentice diabetes educators will have to complete the supervision requirements.
††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The fee for applying is established in a separate regulation.
††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Apprentice diabetes educators will be able to apply for licensure and receive supervision.
††††† (5) Provide an estimate of how much it will cost to implement this administrative regulation:
††††† (a) Initially: No new costs will be incurred by the changes.
††††† (b) On a continuing basis: No new costs will be incurred by the changes.
††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The boardís operation is funded by the fees paid by licensees and apprentice diabetes educators.
††††† (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 necessary to implement this administrative regulation.
††††† (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This administrative regulation did not establish the fees. The application fee is set in a separate regulation.
††††† (9) TIERING: Is tiering applied? Tiering was not applied because these requirements apply equally to all licensees.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
††††† 1. What units, parts or divisions of state or local government (including cities, countries fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Board of Licensed Diabetes Educators is housed for administrative purposes within the Office of Occupations and Professions in the Public Protection Cabinet.
††††† 2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 309.331, 309.334
††††† 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? N/A
††††† (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? N/A
††††† (c) How much will it cost to administer this program for the first year? N/A
††††† (d) How much will it cost to administer this program for subsequent years? N/A
††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
††††† Revenues (+/-): N/A
††††† Expenditures (+/-): N/A
††††† Other Explanation: N/A