PROPOSED

This document is not yet current.

BOARDS AND COMMISSIONS

Board of Long Term Care Administrators

(New Administrative Regulation)

201 KAR 6:071.Continuing education requirements.

RELATES TO:

KRS 216A.090

STATUTORY AUTHORITY:

KRS 216A.070(3), 216A.090

CERTIFICATION STATEMENT:

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 216A.070(3) authorizes the Board of Licensure for Long-term Care Administrators to promulgate administrative regulations necessary for the proper performance of board duties. KRS 216A.090 authorizes the board to promulgate an administrative regulation requiring a licensed long-term care administrator to complete continuing education requirements as a condition of renewal of licensure. This administrative regulation establishes the requirements for continuing education and the methods and standards for the accreditation of continuing education courses.

Section 1.

Definitions.

(1)

"Approved" means recognized by the Kentucky Board of Licensure for Long-Term Care Administrators.

(2)

"Continuing education hour" means sixty (60) clock minutes of participation in a continuing educational experience.

(3)

"Program" means an organized learning experience planned and evaluated to meet behavioral objectives, including an experience presented in one (1) session or in a series.

(4)

"Provider" means an organization approved by the Kentucky Board of Licensure for Long-Term Care Administrators for providing a continuing education program.

(5)

"Relevant" means having content applicable to the practice of long term care administration.

Section 2.

Accrual of Continuing Education Hours; Computation of Accrual.

(1)

A minimum of thirty (30) continuing education hours shall be accrued by each person holding licensure during the two (2) year period for renewal.

(2)

All continuing education hours shall be in or related to the field of long-term care administration.

(3)

More than fifteen (15) continuing education hours shall not be accrued during one (1) calendar day.

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 a long-term care administrator. A continuing education hour shall be earned by completing an educational activity established in this section.

(1)

Programs not requiring board review and approval. An educational program shall be considered relevant to the practice of long-term care administration and shall be approved without further review by the board if the program is:

(a)

Sponsored or approved by the National Association of Long-Term Care Administrator Boards (NAB) or another board of licensure that is a member of NAB; or

(b)

1.

Leading Age, or affiliated state chapters;

2.

The American College of Health Care Administrators, or any of its affiliated state chapters;

3.

The American College of Healthcare Executives;

4.

The American Health Care Association, or affiliated state chapters;

5.

The American Hospital Association, or affiliated state chapters;

6.

The Kentucky Board of Nursing; or

7.

The American Medical Directors Association, or affiliated chapters.

(2)

Programs requiring board review and approval. A relevant program from one (1) of the following sources shall be approved by the board:

(a)

A college course directly related to business administration, economics, marketing, computer science, social services, psychology, gerontology, or health professions including nursing or premedicine, except that a college course established in this paragraph shall not fulfill more than one-half (1/2) of a licensee's continuing education requirement;

(b)

A relevant program, including a home study course or in-service training provided by another organization, educational institution, or other service provider approved by the board;

(c)

A relevant program or academic course presented by the licensee.

1.

A presenter of a relevant program or academic course shall earn full continuing education credit for each contact hour of instruction, not to exceed one-half (1/2) of the continuing education renewal requirements.

2.

Credit shall not be issued for repeated instruction of the same course; or

(d)

Authoring an article in a relevant, professionally recognized or juried publication.

1.

Credit shall be granted for an article that was published within the two (2) year period immediately preceding the renewal date if the licensee has not received credit for another publication during that renewal period.

2.

A licensee shall earn one-half (1/2) of the continuing education hours required for a relevant publication.

Section 4.

Procedures for Approval of Continuing Education Programs. A course that 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 this program, the licensee requesting approval shall submit:

(1)

A published course or similar description;

(2)

Names and qualifications of the instructors;

(3)

A copy of the program agenda indicating hours of education, coffee breaks, and lunch breaks;

(4)

Number of continuing education hours requested;

(5)

Official certificate of completion or college transcript from the sponsoring agency or college;

(6)

Application for Continuing Education; and

(7)

The fee required by 201 KAR 6:060, Section 7.

Section 5.

Procedures for Preapproval of Continuing Education Sponsors and Programs.

(1)

Sponsor approval.

(a)

Any entity seeking to obtain approval of a continuing education program prior to its offering shall apply to the board at least sixty (60) days in advance of the commencement of the program, and shall provide the information required in Section 4 of this administrative regulation.

(b)

An applicant shall satisfy the board that the entity seeking this status:

1.

Consistently offers programs that meet or exceed all the requirements established in subsection (2) of this section; and

2.

Does not exclude any licensee from its programs.

(2)

A continuing education activity shall be qualified for approval if the board finds the activity being presented:

(a)

Is an organized program of learning;

(b)

Pertains to subject matters that integrally relate to the practice of long term care administration;

(c)

Contributes to the professional competency of the licensee; and

(d)

Is conducted by individuals who have relevant educational training or experience.

Section 6.

Responsibilities and Reporting Requirements of Licensees.

(1)

Each licensee shall be responsible for obtaining the required continuing education hours established in Section 2 of this administrative regulation. The licensee shall:

(a)

Identify his or her own continuing education needs;

(b)

Take the initiative in seeking continuing professional education activities to meet these needs; and

(c)

Seek ways to integrate new knowledge, skills, and attitudes.

(2)

Each person holding licensure shall:

(a)

Select approved activities by which to earn continuing education hours;

(b)

Submit to the board, if applicable, a request for continuing education activities requiring approval by the board as established in Section 4 of this administrative regulation;

(c)

Maintain his or her own records of continuing education hours;

(d)

At renewal, list the continuing education hours obtained during that licensure renewal period; and

(e)

At renewal, submit documentation of attendance and participation in the number of continuing education hours required by Section 2 of this administrative regulation and as required by this paragraph.

1.

Each person holding licensure shall maintain, for at least a period of two (2) years from the date of renewal, all documentation verifying successful completion of continuing education hours.

2.

During the two (2) year licensure renewal period, up to fifteen (15) percent of all licensees shall be required by the board to submit documentation of the completion of the number of continuing education hours, required by Section 2 of this administrative regulation, for the current renewal period.

3.

Verification of continuing education hours shall not otherwise be reported to the board.

4.

Documentation shall take the form of official documents including:

a.

Transcripts;

b.

Certificates;

c.

Affidavits signed by instructors; or

d.

Receipts for fees paid to the sponsor.

5.

Each licensee shall retain copies of the documentation.

Section 7.

Responsibilities and Reporting Requirements of Providers.

(1)

A provider of continuing education not requiring board approval shall be responsible for providing documentation, as established in Section 4 of this administrative regulation, directly to the licensee.

(2)

A provider 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 8.

Board to Approve Continuing Education Hours; Appeal if Approval Denied.

(1)

If an application for approval of continuing education hours is denied, the licensee may request reconsideration by the board of its decision.

(2)

The request shall be in writing and shall be received by the board within thirty (30) days after the date of the board's decision denying approval of continuing education hours.

(3)

An appeal shall be conducted in accordance with KRS Chapter 13B.

Section 9.

Waiver or Extensions of Continuing Education.

(1)

The board may, in an individual case involving medical disability, illness, or undue hardship, grant a waiver of the minimum continuing education requirements or an extension of time within which to fulfill the requirements or make a required report.

(2)

A written request for waiver or extension of time involving medical disability or illness shall be submitted by the person holding a license and shall be accompanied by a verifying document signed by a licensed physician.

(3)

A waiver of the minimum continuing education requirements or an extension of time within which to fulfill the continuing education requirements shall be granted by the board for a period of time not to exceed one (1) calendar year.

(4)

If the medical disability or illness upon which a waiver or extension has been granted continues beyond the period of the waiver or extension, the person holding licensure shall reapply for the waiver or extension.

Section 10.

Continuing Education Requirements for Reinstatement or Reactivation of Licensure.

(1)

A person requesting reinstatement or reactivation of licensure shall submit evidence of thirty (30) hours of continuing education within the twenty-four (24) month period immediately preceding the date on which the request for reinstatement or reactivation is submitted to the board.

(2)

Upon request by a licensee, the board shall permit the licensee to resume practice, with the provision that the licensee shall receive thirty (30) hours continuing education within six (6) months of the date on which the licensee is approved to resume practice.

(3)

The continuing education hours received in compliance with this section shall be in addition to the continuing education requirements established in Section 2 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", June 2025, is incorporated by reference.

(2)

(a)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Licensure for Long-Term Care Administrators, Department of Professional Licensing, 500 Mero Street, 2SC32, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m.; or

(b)

This material may also be obtained on the Board of Licensure for Long-Term Care Administrators website at https://ltca.ky.gov/.

HISTORY: COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.

DAVID MCKENZIE, Chair

APPROVED BY AGENCY: June 12, 2025

FILED WITH LRC: June 13, 2025 at 10:10 a.m.

PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 30, 2025 at 10:00 a.m., at 500 Mero Street, PPC Conference Room 259SW, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. 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 through August 31, 2025. 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: Lilly Jean Coiner, Executive Advisor Department of Professional Licensing, Office of Legal Services, 500 Mero Street, 2 NC WK#4, phone (502) 262-5065 (office), fax (502) 564-4818, email Lilly.Coiner@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person:

Lilly Coiner

(1) Provide a brief summary of:

(a) What this administrative regulation does:

This regulation stablishes continuing education requirements for the renewal of a license.

(b) The necessity of this administrative regulation:

This regulation is necessary to implement the provisions of KRS 2016A.090 which allows the Board to require continuing education.

The regulation is in conformity with KRS 216A.070(3) which grants the Board authority to promulgate administrative regulations necessary for the proper enforcement of its duties.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:

This regulation will help licensees understand continuing education requirements.

(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:

(b) The necessity of the amendment to this administrative regulation:

(d) How the amendment will assist in the effective administration of the statutes:

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:

Approximately 720 individuals are licensed by the Board.

(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 individuals listed above must comply with the continuing education requirements to renew their licenses.

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):

There is no cost associated with compliance.

The licensees will have a better understanding of the requirements for continuing education.

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

(a) Initially:

There will be no cost associated with implementing this administrative regulation.

(b) On a continuing basis:

There will be no continuing cost associated with implementing this administrative regulation.

(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 licensees.

(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:

An increase in fees or funding will not 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 does not establish any fees or directly or indirectly increase any fees.

(9) TIERING: Is tiering applied?

Tiering is not applied to this administrative regulation because the administrative regulation applies equally to all licensees.

FISCAL IMPACT STATEMENT

(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:

KRS 216A.090; KRS 216A.070(3).

(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:

This administrative regulation is not expressly authorized by an act of the Generally Assembly.

(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:

The Kentucky Board of Licensure for Long-Term Care Administrators is the promulgating agency and the only other affected state unit, part or division.

(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):

1. Expenditures:

For the first year:

None

For subsequent years:

None.

2. Revenues:

For the first year:

None.

For subsequent years:

None.

3. Cost Savings:

For the first year:

None.

For subsequent years:

None.

(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):

None anticipated.

(b) Estimate the following for each affected local entity identified in (4)(a):

1. Expenditures:

For the first year:

None

For subsequent years:

None.

2. Revenues:

For the first year:

None.

For subsequent years:

None.

3. Cost Savings:

For the first year:

None.

For subsequent years:

None.

(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):

There are no other affected regulated entities not otherwise listed. (b) Estimate the following for each regulated identified in 5(a):

(b) Estimate the following for each regulated entity identified in (5)(a):

1. Expenditures:

For the first year:

N/A.

For subsequent years:

N/A.

2. Revenues:

For the first year:

N/A.

For subsequent years:

N/A.

3. Cost Savings:

For the first year:

N/A.

For subsequent years:

N/A.

(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)

(a) Fiscal impact of this administrative regulation:

There is no fiscal impact of this administrative regulation.

(b) Methodology and resources used to reach this conclusion:

No methodology and resources were necessary because there is no fiscal impact.

(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):

(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(13):

This administrative regulation will not have an overall negative or adverse major economic impact to the entities identified.

(b) The methodology and resources used to reach this conclusion:

No methodology and resources were necessary because there is no "major economic impact."

BOARDS AND COMMISSIONS

Board of Long Term Care Administrators

(New Administrative Regulation)

201 KAR 6:071.Continuing education requirements.

RELATES TO:

KRS 216A.090

STATUTORY AUTHORITY:

KRS 216A.070(3), 216A.090

CERTIFICATION STATEMENT:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1.

Definitions.

(1)

"Approved" means recognized by the Kentucky Board of Licensure for Long-Term Care Administrators.

(2)

"Continuing education hour" means sixty (60) clock minutes of participation in a continuing educational experience.

(3)

"Program" means an organized learning experience planned and evaluated to meet behavioral objectives, including an experience presented in one (1) session or in a series.

(4)

"Provider" means an organization approved by the Kentucky Board of Licensure for Long-Term Care Administrators for providing a continuing education program.

(5)

"Relevant" means having content applicable to the practice of long term care administration.

Section 2.

Accrual of Continuing Education Hours; Computation of Accrual.

(1)

A minimum of thirty (30) continuing education hours shall be accrued by each person holding licensure during the two (2) year period for renewal.

(2)

All continuing education hours shall be in or related to the field of long-term care administration.

(3)

More than fifteen (15) continuing education hours shall not be accrued during one (1) calendar day.

Section 3. (1)

(a)

Sponsored or approved by the National Association of Long-Term Care Administrator Boards (NAB) or another board of licensure that is a member of NAB; or

(b)

1.

Leading Age, or affiliated state chapters;

2.

The American College of Health Care Administrators, or any of its affiliated state chapters;

3.

The American College of Healthcare Executives;

4.

The American Health Care Association, or affiliated state chapters;

5.

The American Hospital Association, or affiliated state chapters;

6.

The Kentucky Board of Nursing; or

7.

The American Medical Directors Association, or affiliated chapters.

(2)

Programs requiring board review and approval. A relevant program from one (1) of the following sources shall be approved by the board:

(a)

(b)

A relevant program, including a home study course or in-service training provided by another organization, educational institution, or other service provider approved by the board;

(c)

A relevant program or academic course presented by the licensee.

1.

2.

Credit shall not be issued for repeated instruction of the same course; or

(d)

Authoring an article in a relevant, professionally recognized or juried publication.

1.

2.

A licensee shall earn one-half (1/2) of the continuing education hours required for a relevant publication.

Section 4. (1)