Title 201 | Chapter 006 | Regulation 060REG
PROPOSED
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PREVIOUS VERSION
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BOARDS AND COMMISSIONS
Board of Licensure For Long-Term Care Administrators
(Amendment)
201 KAR 6:060.Fees.
Section 1.
Application Fee.(1)
The application fee for board review of the application for licensure shall be $100.(2)
The application fee shall be nonrefundable.Section 2.
Initial Licensure Fee and Licensure by Endorsement Fee.(1)
The initial licensure fee shall be $150 for an applicant for licensure.(2)
The fee for licensure by endorsement shall be $300 for an applicant for licensure.(3)
If the applicant successfully completes all requirements for licensure, this fee shall cover licensure for the initial two (2) year period.Section 3.
Temporary Permit Fee. The fee for a temporary permit shall be seventy-five (75) dollars.Section 4.
Biennial Renewal Fee, Late Renewal Fee, Inactive License Fee, Reactivation of Inactive License Fee, and Reinstatement Fee.(1)
The renewal fee shall be $125.(2)
The late renewal fee shall be $200.(3)
The inactive license fee shall be seventy-five (75) dollars.(4)
The fee for reactivating an inactive license shall be fifty (50) dollars.(5)
The reinstatement fee shall be $300.Section 5.
Duplicate License Fee. The duplicate license fee shall be twenty-five (25) dollars.Section 6.
Licensure Verification Fee. The fee for verification of state licensure shall be twenty-five (25) dollars.Section 7.
Continuing Education Fees.(1)
The application fee for preapproval to present a single continuing education program as described in 201 KAR 6:070, Section 5(1)(a), shall be fifty (50) dollars.(2)
The application fee for approval of credit for a single continuing education program not preapproved as described in 201 KAR 6:070, Section 4, shall be twenty-five (25) dollars.Section 8.
Spouse of Current Member of the Armed Forces of the United States. For applications received on or after the effective date of 2022 Ky Acts Ch. __ (House Bill 91), if the conditions of KRS 12.357 as amended by that Act are met, the spouse of a current member of the Armed Forces of the United States shall not be required to pay the fees required by Sections 1, 2, 3, or 4(1), of this administrative regulation, for issuance of a temporary or regular license or certificate, or shall be issued a refund if the fee was submitted with the application.KENNETH URLAGE, Board Chair
APPROVED BY AGENCY: April 28, 2022
FILED WITH LRC: April 28, 2022 at 4:08 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held at 10:00 a.m. ET on July 25, 2022, at Room 127 CW, 500 Mero Street, 133CE, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five (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 canceled. This hearing is open to the public. Any person who wishes 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.
CONTACT PERSON: Daniel G. Leffel, Executive Advisor, 500 Mero Street, 2NCWK#3, Frankfort, Kentucky 40601, phone (502) 782-5245, fax (502) 564-4818, email daniel.leffel@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Daniel G. Leffel
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the fees for applications, initial licensure, licensure by endorsement, temporary permits, renewals, late renewals, inactive licensures, reinstatements, duplicate licenses, license verifications, and continuing education. The amendments to this administrative regulation do not increase or establish any fee, nor amend any of the fees already set in this administrative regulation.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to set forth the fees for applications, initial licensure, licensure by endorsement, temporary permits, renewals, late renewals, inactive licensures, reinstatements, duplicate licenses, license verifications, and continuing education.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 216A.070(4) requires the board to establish a fee for a temporary permit. KRS 216A.080(1) authorizes the Board to promulgate administrative regulations to establish requirements regarding licensure. KRS 216A.110(1) requires the board to prescribe and collect reasonable fees and charges for processing applications, examination, and issuance of licenses, including renewals. KRS 216A.130 authorizes the board to establish a fee for licensure by reciprocity. This administrative regulation establishes the fees for applications, initial licensure, licensure by endorsement, temporary permits, renewals, late renewals, inactive licensures, reinstatements, duplicate licenses, license verifications, and continuing education.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by setting forth the fees for applications, initial licensure, licensure by endorsement, temporary permits, renewals, late renewals, inactive licensures, reinstatements, duplicate licenses, license verifications, and continuing education.
(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:
It updates the regulation to add applicable statutory references in the fields for “Relates To” (KRS 216A.070, 2022 Ky Acts Ch. __ (House Bill 91)), “Statutory Authority” (KRS 216A.080(1)), and “Necessity, Function, and Conformity” (KRS 216A.080(1), 2022 Ky Acts Ch. __ (House Bill 91)). It further adds a provision for conformity with 2022 Ky Acts Ch. __ (House Bill 91) regarding the exemption in certain circumstances from the fee for issuance or renewal of a license to the spouse of a current member of the Armed Forces of the United States on or after the effective date of that Act. The amendments to this administrative regulation do not increase or establish any fee.
(b) The necessity of the amendment to this administrative regulation:
The amendments to this administrative regulation are necessary to add applicable statutory references and for conformity with 2022 Ky Acts Ch. __ (House Bill 91) regarding the exemption in certain circumstances from the fee for issuance or renewal of a license to the spouse of a current member of the Armed Forces of the United States on or after the effective date of that Act.
(c) How the amendment conforms to the content of the authorizing statutes:
See (1)(c).
(d) How the amendment will assist in the effective administration of the statutes:
See (1)(d).
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect the individuals licensed by the Board (which is approximately 887 as of April 27, 2022), and an unknown number of spouses of current members of the Armed Forces of the United States who may qualify for the fee exemption set forth in KRS 12.357 as amended by 2022 Ky Acts Ch. __ (House Bill 91).
(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:
Current licensees will not have to take any action to comply with this amendment to the administrative regulation. Applicants on or after the effective date of 2022 Ky Acts Ch. __ (House Bill 91) will have to comply with the provisions of KRS 12.357 as amended by that Act if they seek the exemption in certain circumstances from the fee for issuance or renewal of a license to the spouse of a current member of the Armed Forces of the United States.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The cost is the amount of any fee required to be paid as set forth in this administrative regulation. The amendments to this administrative regulation do not increase or establish any fee.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance with this administrative regulation will result in payment of the required fees for applications, initial licensure, licensure by endorsement, temporary permits, renewals, late renewals, inactive licensures, reinstatements, duplicate licenses, license verifications, and continuing education
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Nothing.
(b) On a continuing basis:
Nothing.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Current Board funding will be used to implement and enforce this administrative regulation.
(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 additional funding or increase in fees is needed. The amendments to this administrative regulation do not increase or establish any fee.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The amendments to this administrative regulation do not increase or establish any fee, nor amend any of the fees already set in this administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applicable as the proposed language will be applied equally to all entities impacted by it.
FISCAL NOTE
(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 Board of Licensure for Long-term Care Administrators.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 216A.070(4), 216A.080(1), KRS 216A.110(1), KRS 216A.130, 2022 Ky Acts Ch. __ (House Bill 91).
(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.
The amendments to this administrative regulation will not create any additional expenses or revenues for any state or local government agency after implementation.
(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?
No revenues are expected to be generated by the amendments to this administrative regulation.
(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?
There are no additional costs.
(d) How much will it cost to administer this program for subsequent years?
See response to 3(c).
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:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
The amendments to this administrative regulation add provisions to conform with 2022 Ky Acts Ch. __ (House Bill 91) regarding the exemption in certain circumstances from the fee for issuance or renewal of a license to the spouse of a current member of the Armed Forces of the United States on or after the effective date of that Act. Those amendments will result in cost savings to the regulated individuals who qualify for that exemption, in amounts corresponding to the applicable fees.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
The amendments to this administrative regulation add provisions to conform with 2022 Ky Acts Ch. __ (House Bill 91) regarding the exemption in certain circumstances from the fee for issuance or renewal of a license to the spouse of a current member of the Armed Forces of the United States on or after the effective date of that Act. Those amendments will result in cost savings to an unknown number of regulated individuals who qualify for that exemption, in amounts corresponding to the applicable fees (application fee of $100; initial licensure fee of $150; licensure by endorsement fee of $300; temporary permit fee of $75; renewal fee of $125).
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
See response to 4(a).
(c) How much will it cost the regulated entities for the first year?
The amendments to this administrative regulation will not create any additional costs for regulated entities.
(d) How much will it cost the regulated entities for subsequent years?
See response to 4(c).
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] The amendments to this administrative regulation will not have a major economic impact, as defined in KRS 13A.010(13).
BOARDS AND COMMISSIONS
Board of Licensure For Long-Term Care Administrators
(Amendment)
201 KAR 6:060.Fees.
Section 1.
Application Fee.(1)
The application fee for board review of the application for licensure shall be $100.(2)
The application fee shall be nonrefundable.Section 2.
Initial Licensure Fee and Licensure by Endorsement Fee.(1)
The initial licensure fee shall be $150 for an applicant for licensure.(2)
The fee for licensure by endorsement shall be $300 for an applicant for licensure.(3)
If the applicant successfully completes all requirements for licensure, this fee shall cover licensure for the initial two (2) year period.Section 3.
Temporary Permit Fee. The fee for a temporary permit shall be seventy-five (75) dollars.Section 4.
Biennial Renewal Fee, Late Renewal Fee, Inactive License Fee, Reactivation of Inactive License Fee, and Reinstatement Fee.(1)
The renewal fee shall be $125.(2)
The late renewal fee shall be $200.(3)
The inactive license fee shall be seventy-five (75) dollars.(4)
The fee for reactivating an inactive license shall be fifty (50) dollars.(5)
The reinstatement fee shall be $300.Section 5.
Duplicate License Fee. The duplicate license fee shall be twenty-five (25) dollars.Section 6.
Licensure Verification Fee. The fee for verification of state licensure shall be twenty-five (25) dollars.Section 7.
Continuing Education Fees.(1)
The application fee for preapproval to present a single continuing education program as described in 201 KAR 6:070, Section 5(1)(a), shall be fifty (50) dollars.(2)
The application fee for approval of credit for a single continuing education program not preapproved as described in 201 KAR 6:070, Section 4, shall be twenty-five (25) dollars.Section 8.
Spouse of Current Member of the Armed Forces of the United States. For applications received on or after the effective date of 2022 Ky Acts Ch. __ (House Bill 91), if the conditions of KRS 12.357 as amended by that Act are met, the spouse of a current member of the Armed Forces of the United States shall not be required to pay the fees required by Sections 1, 2, 3, or 4(1), of this administrative regulation, for issuance of a temporary or regular license or certificate, or shall be issued a refund if the fee was submitted with the application.KENNETH URLAGE, Board Chair
APPROVED BY AGENCY: April 28, 2022
FILED WITH LRC: April 28, 2022 at 4:08 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held at 10:00 a.m. ET on July 25, 2022, at Room 127 CW, 500 Mero Street, 133CE, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five (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 canceled. This hearing is open to the public. Any person who wishes 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.
CONTACT PERSON: Daniel G. Leffel, Executive Advisor, 500 Mero Street, 2NCWK#3, Frankfort, Kentucky 40601, phone (502) 782-5245, fax (502) 564-4818, email daniel.leffel@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Daniel G. Leffel
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the fees for applications, initial licensure, licensure by endorsement, temporary permits, renewals, late renewals, inactive licensures, reinstatements, duplicate licenses, license verifications, and continuing education. The amendments to this administrative regulation do not increase or establish any fee, nor amend any of the fees already set in this administrative regulation.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to set forth the fees for applications, initial licensure, licensure by endorsement, temporary permits, renewals, late renewals, inactive licensures, reinstatements, duplicate licenses, license verifications, and continuing education.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 216A.070(4) requires the board to establish a fee for a temporary permit. KRS 216A.080(1) authorizes the Board to promulgate administrative regulations to establish requirements regarding licensure. KRS 216A.110(1) requires the board to prescribe and collect reasonable fees and charges for processing applications, examination, and issuance of licenses, including renewals. KRS 216A.130 authorizes the board to establish a fee for licensure by reciprocity. This administrative regulation establishes the fees for applications, initial licensure, licensure by endorsement, temporary permits, renewals, late renewals, inactive licensures, reinstatements, duplicate licenses, license verifications, and continuing education.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by setting forth the fees for applications, initial licensure, licensure by endorsement, temporary permits, renewals, late renewals, inactive licensures, reinstatements, duplicate licenses, license verifications, and continuing education.
(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:
It updates the regulation to add applicable statutory references in the fields for “Relates To” (KRS 216A.070, 2022 Ky Acts Ch. __ (House Bill 91)), “Statutory Authority” (KRS 216A.080(1)), and “Necessity, Function, and Conformity” (KRS 216A.080(1), 2022 Ky Acts Ch. __ (House Bill 91)). It further adds a provision for conformity with 2022 Ky Acts Ch. __ (House Bill 91) regarding the exemption in certain circumstances from the fee for issuance or renewal of a license to the spouse of a current member of the Armed Forces of the United States on or after the effective date of that Act. The amendments to this administrative regulation do not increase or establish any fee.
(b) The necessity of the amendment to this administrative regulation:
The amendments to this administrative regulation are necessary to add applicable statutory references and for conformity with 2022 Ky Acts Ch. __ (House Bill 91) regarding the exemption in certain circumstances from the fee for issuance or renewal of a license to the spouse of a current member of the Armed Forces of the United States on or after the effective date of that Act.
(c) How the amendment conforms to the content of the authorizing statutes:
See (1)(c).
(d) How the amendment will assist in the effective administration of the statutes:
See (1)(d).
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect the individuals licensed by the Board (which is approximately 887 as of April 27, 2022), and an unknown number of spouses of current members of the Armed Forces of the United States who may qualify for the fee exemption set forth in KRS 12.357 as amended by 2022 Ky Acts Ch. __ (House Bill 91).
(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:
Current licensees will not have to take any action to comply with this amendment to the administrative regulation. Applicants on or after the effective date of 2022 Ky Acts Ch. __ (House Bill 91) will have to comply with the provisions of KRS 12.357 as amended by that Act if they seek the exemption in certain circumstances from the fee for issuance or renewal of a license to the spouse of a current member of the Armed Forces of the United States.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The cost is the amount of any fee required to be paid as set forth in this administrative regulation. The amendments to this administrative regulation do not increase or establish any fee.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance with this administrative regulation will result in payment of the required fees for applications, initial licensure, licensure by endorsement, temporary permits, renewals, late renewals, inactive licensures, reinstatements, duplicate licenses, license verifications, and continuing education
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Nothing.
(b) On a continuing basis:
Nothing.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Current Board funding will be used to implement and enforce this administrative regulation.
(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 additional funding or increase in fees is needed. The amendments to this administrative regulation do not increase or establish any fee.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The amendments to this administrative regulation do not increase or establish any fee, nor amend any of the fees already set in this administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applicable as the proposed language will be applied equally to all entities impacted by it.
FISCAL NOTE
(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 Board of Licensure for Long-term Care Administrators.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 216A.070(4), 216A.080(1), KRS 216A.110(1), KRS 216A.130, 2022 Ky Acts Ch. __ (House Bill 91).
(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.
The amendments to this administrative regulation will not create any additional expenses or revenues for any state or local government agency after implementation.
(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?
No revenues are expected to be generated by the amendments to this administrative regulation.
(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?
There are no additional costs.
(d) How much will it cost to administer this program for subsequent years?
See response to 3(c).
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:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
The amendments to this administrative regulation add provisions to conform with 2022 Ky Acts Ch. __ (House Bill 91) regarding the exemption in certain circumstances from the fee for issuance or renewal of a license to the spouse of a current member of the Armed Forces of the United States on or after the effective date of that Act. Those amendments will result in cost savings to the regulated individuals who qualify for that exemption, in amounts corresponding to the applicable fees.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
The amendments to this administrative regulation add provisions to conform with 2022 Ky Acts Ch. __ (House Bill 91) regarding the exemption in certain circumstances from the fee for issuance or renewal of a license to the spouse of a current member of the Armed Forces of the United States on or after the effective date of that Act. Those amendments will result in cost savings to an unknown number of regulated individuals who qualify for that exemption, in amounts corresponding to the applicable fees (application fee of $100; initial licensure fee of $150; licensure by endorsement fee of $300; temporary permit fee of $75; renewal fee of $125).
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
See response to 4(a).
(c) How much will it cost the regulated entities for the first year?
The amendments to this administrative regulation will not create any additional costs for regulated entities.
(d) How much will it cost the regulated entities for subsequent years?
See response to 4(c).
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] The amendments to this administrative regulation will not have a major economic impact, as defined in KRS 13A.010(13).