Title 201 | Chapter 022 | Regulation 170
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
BOARDS AND COMMISSIONS
Board of Physical Therapy
(Amendment)
201 KAR 22:170.Physical Therapy Compact Commission.
Section 1.
The Kentucky Board of Physical Therapy shall comply with all bylaws, rules, and administrative regulations of the Physical Therapy Compact Commission, which includes the Physical Therapy Compact Commission Rules and Bylaws.Section 2.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Physical Therapy Compact Commission Rules", October 2022(b)
"Physical Therapy Compact Commission Bylaws", October 2021.(2)
(a)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Physical Therapy, 312 Whittington Parkway, Suite 102, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. to 4:30 p.m.; or(b)
This material may be obtained on the Kentucky Board of Physical Therapy's Web site at https://pt.ky.gov.(3)
This material may also be obtained at:(a)
The Physical Therapy Compact Commission, 124 West Street South, Third Floor, Alexandria, Virginia, 22314; or(b)
http://www.ptcompact.org.STEPHEN CURLEY, Executive Director
APPROVED BY AGENCY: November 17, 2022
FILED WITH LRC: December 14, 2022 at 11 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 23, 2023, at 3:00 p.m. (ET). Individuals interested in being heard at this hearing shall notify this agency in writing five workdays prior to the hearing of their intent to attend. All individuals who notify this agency in writing at least five workdays prior to this hearing shall be notified whether the hearing will be held virtually by video teleconference or in person at the Board’s office, 312 Whittington Parkway, Suite 102, Louisville, Kentucky 40222. If no notification of intent to attend the hearing is received in writing by that date, the hearing may be cancelled. 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. 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 February 28, 2023. 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: Stephen Curley, Executive Director, Board of Physical Therapy, 312 Whittington Parkway, Suite 102, Louisville, Kentucky 40222, (502) 429-7140, fax (502) 429-7142, email stephen.curley@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Stephen Curley
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation incorporates the new rules for the Physical Therapy Compact Commission.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to implement provisions of KRS Chapter 327.300(12).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
It promulgates the rules established by the Physical Therapy Compact Commission as administrative regulations pursuant to KRS 327.300(12).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It complies with the requirement that any rule or bylaw adopted by the Physical Therapy Compact Commission receive appropriate oversight.
(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 Physical Therapy Compact Rules dates will be updated.
(b) The necessity of the amendment to this administrative regulation:
The amendment to the Physical Therapy Compact Rules is necessary to comport with the requirements of KRS 327.300(12).
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment to the Physical Therapy Compact Rules is necessary to comport with the requirements of KRS 327.300(12).
(d) How the amendment will assist in the effective administration of the statutes:
The Physical Therapy Compact Rules will be the most up-to-date version.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Compact Privilege applicant and holders totaling around 150 right now.
(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:
Rule 7.1 Amends the existing rule to conform with the model compact language, rule 6.4 Amends the existing rule to change the timeframe for reporting disciplinary actions to the Compact Commission, rule 3.5 Amends the existing rule to clarify the change of home state notification requirements, rule 1.1 Amends the existing rule to add a new definition of “Initial”, rule 3.8 Amends the existing rule to clarify the jurisprudence requirements, and rule 3.1 Amends the existing rule to clarify the National Physical Therapy Examination (NPTE) as the requirement for licensure
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no cost.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Credentialed physical therapists and physical therapist assistants in Kentucky will be able to participate in the Physical Therapy Licensure Compact.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No cost.
(b) On a continuing basis:
No cost.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Agency Revenue Fund and funds derived from compact privilege applications from other states.
(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:
There will be no increase in fees or funding.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
None.
(9) TIERING: Is tiering applied?
Tiering was not used in this administrative regulation because the administrative regulation applies equally to all those individuals regulated 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?
Kentucky Board of Physical Therapy.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 327.300(12).
(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.
None.
(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?
None.
(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?
None.
(d) How much will it cost to administer this program for subsequent years?
None.
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.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None
(c) How much will it cost the regulated entities for the first year?
None
(d) How much will it cost the regulated entities for subsequent years?
None
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)] It will not have any economic impact.
BOARDS AND COMMISSIONS
Board of Physical Therapy
(Amendment)
201 KAR 22:170.Physical Therapy Compact Commission.
Section 1.
The Kentucky Board of Physical Therapy shall comply with all bylaws, rules, and administrative regulations of the Physical Therapy Compact Commission, which includes the Physical Therapy Compact Commission Rules and Bylaws.Section 2.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Physical Therapy Compact Commission Rules", October 2022; and(b)
"Physical Therapy Compact Commission Bylaws", October 2021.(2)
(a)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Physical Therapy, 312 Whittington Parkway, Suite 102, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. to 4:30 p.m.; or(b)
This material may be obtained on the Kentucky Board of Physical Therapy's Web site at https://pt.ky.gov.(3)
This material may also be obtained at:(a)
The Physical Therapy Compact Commission, 124 West Street South, Third Floor, Alexandria, Virginia, 22314; or(b)
http://www.ptcompact.org.STEPHEN CURLEY, Executive Director
APPROVED BY AGENCY: November 17, 2022
FILED WITH LRC: December 14, 2022 at 11 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 23, 2023, at 3:00 p.m. (ET). Individuals interested in being heard at this hearing shall notify this agency in writing five workdays prior to the hearing of their intent to attend. All individuals who notify this agency in writing at least five workdays prior to this hearing shall be notified whether the hearing will be held virtually by video teleconference or in person at the Board’s office, 312 Whittington Parkway, Suite 102, Louisville, Kentucky 40222. If no notification of intent to attend the hearing is received in writing by that date, the hearing may be cancelled. 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. 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 February 28, 2023. 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: Stephen Curley, Executive Director, Board of Physical Therapy, 312 Whittington Parkway, Suite 102, Louisville, Kentucky 40222, (502) 429-7140, fax (502) 429-7142, email stephen.curley@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Stephen Curley
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation incorporates the new rules for the Physical Therapy Compact Commission.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to implement provisions of KRS Chapter 327.300(12).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
It promulgates the rules established by the Physical Therapy Compact Commission as administrative regulations pursuant to KRS 327.300(12).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
It complies with the requirement that any rule or bylaw adopted by the Physical Therapy Compact Commission receive appropriate oversight.
(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 Physical Therapy Compact Rules dates will be updated.
(b) The necessity of the amendment to this administrative regulation:
The amendment to the Physical Therapy Compact Rules is necessary to comport with the requirements of KRS 327.300(12).
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment to the Physical Therapy Compact Rules is necessary to comport with the requirements of KRS 327.300(12).
(d) How the amendment will assist in the effective administration of the statutes:
The Physical Therapy Compact Rules will be the most up-to-date version.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Compact Privilege applicant and holders totaling around 150 right now.
(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:
Rule 7.1 Amends the existing rule to conform with the model compact language, rule 6.4 Amends the existing rule to change the timeframe for reporting disciplinary actions to the Compact Commission, rule 3.5 Amends the existing rule to clarify the change of home state notification requirements, rule 1.1 Amends the existing rule to add a new definition of “Initial”, rule 3.8 Amends the existing rule to clarify the jurisprudence requirements, and rule 3.1 Amends the existing rule to clarify the National Physical Therapy Examination (NPTE) as the requirement for licensure
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no cost.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Credentialed physical therapists and physical therapist assistants in Kentucky will be able to participate in the Physical Therapy Licensure Compact.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No cost.
(b) On a continuing basis:
No cost.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Agency Revenue Fund and funds derived from compact privilege applications from other states.
(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:
There will be no increase in fees or funding.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
None.
(9) TIERING: Is tiering applied?
Tiering was not used in this administrative regulation because the administrative regulation applies equally to all those individuals regulated 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?
Kentucky Board of Physical Therapy.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 327.300(12).
(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.
None.
(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?
None.
(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?
None.
(d) How much will it cost to administer this program for subsequent years?
None.
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.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None
(c) How much will it cost the regulated entities for the first year?
None
(d) How much will it cost the regulated entities for subsequent years?
None
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)] It will not have any economic impact.