201 Ky. Admin. Regs. 42:070

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

Section 201 KAR 42:070 - Endorsement

RELATES TO: KRS 309.355, 309.358, 309.359, 309.362, 309.363, 335B.010-335B.070

NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.359 authorizes the board to issue a license to a person holding a credential in another state of the United States. KRS 309.355(3) requires the board to promulgate administrative regulations to implement KRS 309.350 through 309.364. This administrative regulation establishes the application process for issuance of a license to a person holding a credential in another state of the United States.

Section 1. An applicant who is credentialed as a massage therapist in another state shall submit:

(1) A completed Application for Licensure by Endorsement;

(2) A recent fingerprint-supported background check performed by the Kentucky State Police and the Federal Bureau of Investigation. The required background check shall be applied for within the ninety (90) days preceding the date of submission of the application for licensure to the board.

(3) A two (2) inch by two (2) inch or larger passport quality color head shot photograph of only the applicant, which is attached to the application form. The photograph submitted with the application shall be taken within the previous six (6) months to reflect the current appearance of the applicant.

(4) A certified statement from the credentialing authority of the jurisdiction in which the applicant currently holds a license or credential that the individual has been licensed in that jurisdiction for one (1) year prior to the filing of the application in Kentucky and has been in good standing as a massage therapist for the duration of the license or credential;

(5) The appropriate fee for licensure as required by 201 KAR 42:020, Section 2(1); and

(6) Documents evidencing the applicant's combined initial training, professional experience, continuing education, or other credentials constituting equivalency to KRS 309.358. Acceptable documentation may include:

(a) Passage of an entry level examination administered by the National Certification Board of Therapeutic Massage and Bodywork (NCBTMB), which includes the National Certification Examination (NCE), National Certification Examination for Therapeutic Massage (NCETM), and the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB), or an examination that has been approved by the board pursuant to 201 KAR 42:035;

(b) Certified school transcripts received directly from the massage school, which qualified for a certificate of good standing from the Commonwealth of Kentucky for the duration of the applicant's attendance;

(c) Copies of continuing education certificates from studies completed after or not included as part of the initial training;

(d) Certified transcript of health care related academic course work;

(e) Proof of teaching massage therapy relevant curriculum as stated in KRS 309.363;

(f) Other credentials that may constitute equivalence to the standards in KRS 309.358, which may also include research, clinical internships, publications, and massage therapy leadership positions; or

(g) Current proof of hands-on therapeutic massage or bodywork sessions with supporting documentation for the hours or years of massage therapy work for six (6) months of the one (1) year preceding the application for endorsement.

1. The supporting documentation shall include:

a. Appointment books, employer verification, log books, and contact information for the employer; or

b. If self-employed, appointment books, and verification of self-employment.

2. If proof of hands on therapeutic massage or bodywork sessions is the only documentation provided to establish equivalency, a minimum of four (4) years' experience shall be required.

Section 2. Reciprocity for Spouses and Dependents of Members of the United States Military, Reserves, or National Guard. The spouse or a dependent of a member of the United States Military, Reserves, or National Guard may apply for licensure by endorsement by submitting:

(1) A completed Application for Licensure by Endorsement;

(4) The appropriate fee for licensure as required by 201 KAR 42:020, Section 2(1), unless prohibited by a Kentucky Revised Statute;

(5) Proof that the applicant holds a valid license or certificate for the profession issued by another state, the District of Columbia, or any possession or territory of the United States;

(6) Proof they are married to or a dependent of a member of the United States Military, Reserves, or National Guard; and

(7) Proof that the applicant's spouse or family member is assigned to a duty station in this Commonwealth pursuant to the official orders.

Section 3. Criminal History. An applicant with a criminal history, excluding minor traffic violations, may be required to be interviewed by the board's Application Committee prior to licensure to find if the applicant complies with the requirement for good moral character established in KRS 309.358(1)(c), and the interview shall be conducted pursuant to the board's authority under KRS 309.355(2) and KRS 309.362(1)(b), and in accordance with KRS 335B.010 to 335B.070.

Section 4. Appeals.

(1) An applicant may appeal the denial of his or her licensure application by requesting a hearing in accordance with KRS 309.362(2).

(2) In order to request a hearing, the applicant shall file a notice of appeal in writing within thirty (30) days of the date of the letter informing the applicant of the denial.

Section 5. Incorporation by Reference.

(1) The "Application for Licensure by Endorsement", March 2022, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Professional Licensing, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. The board's Web site address is: https://bmt.ky.gov/.

201 KAR 42:070

33 Ky.R. 2227; Am. 2936; eff. 4-6-07; 37 Ky.R. 1020; 1704; 1993; eff. 3-4-2011; 39 Ky.R. 1939; 2164; eff. 5-31-2013; Crt eff. 2-26-2020; 48 Ky.R. 1255, 2584; eff. 7/5/2022.

STATUTORY AUTHORITY: KRS 309.355(3)