201 Ky. Admin. Regs. 39:090

Current through Register Vol. 51, No. 6, December 1, 2024

Section 201 KAR 39:090 - Continuing education requirements

RELATES TO: KRS 309.304(5)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.314(7) authorizes the board to promulgate an administrative regulation that requires interpreters who apply for renewal or reinstatement to show evidence of completion of continuing education. This administrative regulation delineates the requirements for continuing education and prescribes methods and standards for the accreditation of continuing education courses.

Section 1. Accrual of Continuing Education Hours Mandatory for Full Licensure; Computation of Accrual.

(1) A person who is licensed as an interpreter shall have earned a total of fifteen (15) hours of approved continuing education during the compliance period, prior to renewal of his or her license for the next licensure period.

(2) A minimum of half of the fifteen (15) hours shall be from any of the following sources, alone or in combination:

(a) Alexander Graham Bell Association of the Deaf;

(b) American Sign Language Teacher Association;

(c) National Association of the Deaf;

(d) National Educational Interpreters Conference;

(e) Registry of Interpreters for the Deaf - Certificate Maintenance Program; or

(f) Registry of Interpreters for the Deaf - Associate Continuing Education Training.

(3) A minimum of fifteen (15) continuing education hours shall be accrued by each licensee during the licensure period for renewal for the following year.

(4) A minimum of three (3) total continuing education hours shall be related to ethics.

Section 2. Accrual of Continuing Education Hours Mandatory for Temporary Licensure; Computation of Accrual.

(1) A person who holds a temporary license as an interpreter shall have earned a total of eighteen (18) hours of approved continuing education during the compliance period, prior to renewal or extension of his or her license for the next licensure period.

(2) A minimum of seven and one-half (7.5) of the eighteen (18) hours shall be from any of the following sources, alone or in combination;

(a) Alexander Graham Bell Association for the Deaf;

(b) American Sign Language Teacher Association;

(c) National Association of the Deaf;

(d) National Educational Interpreters Conference;

(e) Registry of Interpreters for the Deaf - Certificated Maintenance Program; or

(f) Registry of Interpreters for the Deaf - Associate Continuing Education Training.

(3) A minimum of three (3) total continuing hours shall be related to ethics.

Section 3. Methods of Acquiring Continuing Education Hours. Continuing education hours applicable to the renewal of the license shall be directly related to the professional growth and development of an interpreter. The hours shall be earned by completing any of the following educational activities:

(1) Programs not requiring board review and approval. An educational program from any of the following providers shall be deemed to be relevant to the practice of interpreting and shall be approved without further review by the board:

(a) A program sponsored or approved by the:

1. Alexander Graham Bell Association of the Deaf;

2. American Sign Language Teacher Association;

3. National Association of the Deaf; or

4. Registry of Interpreters for the Deaf; or

(b) An academic course offered by an accredited postsecondary institution that is directly related to interpreting. Credit shall only be granted for grades of "C" or above.

(2) Programs requiring board review and approval. A program from any of the following sources shall be reviewed and determined if the program is relevant and therefore subsequently approved by the board:

(a) Relevant programs, including home study courses and in-service training provided by other organizations, educational institutions, or other service providers approved by the board;

(b) Relevant programs or academic courses presented by the licensee. Presenters of relevant programs or academic courses may earn full continuing education credit for each contact hour of instruction, not to exceed three (3) hours of continuing education credits. Credit shall not be issued for repeated presentation of the same course.

(c) Authoring an article in a relevant, professionally-recognized, or juried publication. Credit shall not be granted for an article unless the article was published within the one (1) year period immediately preceding the renewal date. A licensee shall earn three (3) hours of continuing education credit toward the hours required for renewal. No more than one (1) publication shall be counted during a renewal period.

(d) A general education course, elective course, or a course designed to meet degree requirements offered by an accredited postsecondary institution. Academic credit equivalency for continuing education hours shall be based on one (1) credit hour equals 10 continuing education hours. Credit shall only be granted for grades of "C" or above.

Section 4. Procedures for Preapproval of Continuing Education Sponsors and Programs.

(1) Any entity seeking to obtain approval of a continuing education program prior to its offering shall complete and submit the Application for Continuing Education Program Approval form to the board at least sixty (60) days in advance of the commencement of the program, stating the following:

(a) A published course or similar description containing educational objectives;

(b) Names and qualifications of the instructors;

(c) A copy of the program agenda indicating hours of instruction, coffee and lunch breaks; and

(d) Number of continuing education hours offered;

(2) A continuing education activity shall be qualified for approval if the board determines the activity being offered:

(a) Is an organized program of learning;

(b) Pertains to subject matters, which integrally relate to the practice of interpreting;

(c) Contributes to the professional competency of the licensee; and

(d) Is conducted by individuals who have educational training or experience acceptable to the board.

(3) A sponsor of continuing education requiring board approval shall be responsible for submitting a course offering to the board for review and approval before listing or advertising that offering as approved by the board.

Section 5. Responsibilities and Reporting Requirements of Licensees. A licensee shall be responsible for obtaining the required continuing education hours. He shall identify his own continuing education needs, take the initiative in seeking continuing education activities to meet these needs, and seek ways to integrate new knowledge, skills and attitudes. Each person holding a license shall:

(1) Select approved activities by which to earn continuing education hours;

(2) Submit to the board when applicable a request for approval for continuing education activities not approved by the board as set forth in Section 7 of this administrative regulation;

(3) Maintain records of continuing education hours. Each licensee shall maintain all documentation verifying successful completion of continuing education hours for a period of two (2) years from the date of renewal. During each licensure renewal period, up to fifteen (15) percent of all licensees, chosen at random, shall be required by the board to furnish documentation of the completion of the appropriate number of continuing education hours for the current renewal period. Verification of continuing education hours shall not be otherwise reported to the board;

(4) Document attendance and participation in a continuing education activity in the form of official documents including transcripts, certificates, affidavits signed by instructors, receipts for fees paid to the sponsor, or less formal evidence including written summaries of experience that are not otherwise formally or officially documented in any way. The type of documentation required shall vary depending on the specific activity submitted to the board for approval; and

(5) Fully comply with the provisions of this administrative regulation. Failure to comply shall constitute a violation of KRS 309.318(1)(e) and may result in the refusal to renew, suspension, or revocation of the licensure.

Section 6. Procedures for Approval of Continuing Education Programs. A course, which has not been preapproved by the board, may be used for continuing education if approval is secured from the board for the course. In order for the board to adequately review a program, the following information shall be submitted:

(1) A published course or similar description containing educational objectives; and

(2) Names and qualifications of the instructors.

Section 7. Carry Over of Continuing Education Hours. A licensee may carry over continuing education hours earned in excess of those required under Section 1 of this administrative regulation for one (1) renewal period, after which time they expire. All carry-over hours shall comply with the requirements of Sections 1 through 3 of this administrative regulation.

Section 8. Board to Approve Continuing Education Hours; Appeal when Approval Denied. In the event of a denial, in whole or in part, of any application for approval of continuing education hours, the licensee shall have the right to request reconsideration by the board of its decision. The request shall be in writing, specifically stating the reasons for reconsideration, and shall be received by the board within thirty (30) days of the board's decision denying approval of continuing education hours.

Section 9. Waiver or Extensions of Continuing Education. All requests for waiver or extension shall accompany the License Renewal Application Form.

(1) Upon written request, the board shall consider whether to grant a waiver of continuing education requirements or an extension of time within which to fulfill the requirements, in the following cases:

(a) Medical disability of the licensee;

(b) Illness of the licensee or an immediate family member;

(c) Death or serious injury of an immediate family member; or

(d) For good cause shown.

(2) A written request for a waiver or extension of time involving medical disability or illness shall be:

(a) Submitted by the person holding a license; and

(b) Accompanied by a verifying document signed by a licensed physician.

(3) A request for a waiver or extension of the continuing education requirements applies only to the current licensure year.

(a) Subsequent requests for waiver or extension of the continuing education requirements shall be made at the time of licensure renewal.

(b) There shall be no limit to the number of waivers or extensions that the board may grant, as long as the applicant meets the requirements set forth in subsections (1) and (2) of this section.

Section 10. Continuing Education Requirements for Reinstatement of License.

(1) A person requesting reinstatement of licensure shall submit evidence of completion of required hours of continuing education within the twelve (12) month period immediately preceding the date on which the request for reinstatement is submitted to the board.

(2) If the person seeking reinstatement does not meet the requirements established in subsection (1) of this section, the board may conditionally reinstate licensure, requiring the applicant to obtain required hours of continuing education within six (6) months of the date on which licensure is reinstated.

(3) The continuing education hours received in compliance with this section for reinstatement shall be in addition to the regular continuing education requirements established in Section 1 of this administrative regulation and shall not be used to comply with the requirements of that section.

Section 11. Incorporation by Reference.

(1) "Application for Continuing Education Program Approval", 10/2011, form is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

201 KAR 39:090

28 Ky.R. 1264; Am. 1610; eff. 1-14-2002; 32 Ky.R. 2335; 33 Ky.R. 387; eff. 9-1-06; 38 Ky.R. 1651; eff. 6-1-2012; TAm eff. 6-1-2012; Crt eff. 2-21-2020.

STATUTORY AUTHORITY: KRS 309.304(3), 309.314(7)