Title 201 | Chapter 029 | Regulation 025REG
PROPOSED
This document is not yet current.
BOARDS AND COMMISSIONS
Board of Respiratory Care
(New Administrative Regulation)
201 KAR 29:025.Predetermination of License Eligibility.
Section 1.
Application.(1)
To be considered for predetermination, an applicant shall submit:(a)
A completed and signed predetermination application; and(b)
A non-refundable application fee in accordance with 201 KAR 29:015.(2)
The applicant may submit with the application evidence in accordance with KRS Chapter 335B.Section 2.
Notice of predetermination and right to an administrative hearing.(1)
A notice of predetermination shall be issued via email and USPS regular mail to the last known mailing and email addresses of the applicant within sixty (60) days of the filing of the completed application for predetermination.(2)
The applicant may challenge a determination of ineligibility by requesting an administrative hearing pursuant to KRS 335B.030(1)(a)(2), within fifteen (15) working days of the issuance of the notice of predetermination. The notice shall further state:(a)
The applicant may challenge the determination of ineligibility by requesting an administrative hearing pursuant to KRS 335B.030(1)(a)(2);(b)
If a hearing is not requested in accordance with KRS 31B.050(1)(a)(2), the determination shall remain in effect for a period of one (1) year. The applicant may not reapply during that period.(c)
A request for hearing shall be sent by email to the person identified in the notice of predetermination.(d)
If the written request for hearing is timely submitted, the board shall issue a notice of hearing in accordance with KRS 13B.050(1);(e)
Any new or previously submitted evidence relied upon by the applicant shall be submitted upon reapplication; and(f)
If the final order of the board is adverse to an applicant, the board may impose hearing costs upon the applicant pursuant to 201 KAR 29:030 §4(6).Section 3.
Incorporation by Reference.(1)
"Application for Predetermination", 8/2026, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky Board of Respiratory Care, 1714 Perryville Road, Suite 200, Danville, Kentucky 40422, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available at https://kbla.ky.gov/Pages/Resources.aspx.MARLENE MCKINLEY, RRT, Board Chair
APPROVED BY AGENCY: August 20, 2026
FILED WITH LRC: October 9, 2026 at 1:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 30, 2026 at 10:00 AM at the Kentucky Board of Respiratory Care, 1712 Perryville Rd, Suite 200, Danville, Kentucky 40422. Individuals interested in being heard at this hearing shall notify this agency in writing by December 21, 2026, 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 December 31, 2026. 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: Morgan G. Ransdell, Board Attorney, Kentucky Board of Respiratory Care 1712 Perryville Rd, Suite 200, Danville, Kentucky 40422 Phone: (502) 665-9600 Email: Morgan.Ransdell@ky.gov
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Morgan G. Ransdell Phone: (502) 665-9600 Email: Morgan.Ransdell@ky.gov
Subject Headings:
Boards and Commissions, Respiratory Care, Occupations and Professions
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation implements a process by which an individual who has been convicted of a crime can obtain a determination regarding whether the conviction will disqualify the individual from professional licensure.
(b) The necessity of this administrative regulation:
The promulgation of this administrative regulation is required by KRS Chapter 335B.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
By implementing a process by which an individual who has been convicted of a crime can obtain a determination regarding whether the conviction will disqualify the individual from professional licensure, including an opportunity for judicial review pursuant to KRS 13B.140.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
By implementing a process by which an individual who has been convicted of a crime can obtain a determination regarding whether the conviction will disqualify the individual from professional licensure, including an opportunity for judicial review pursuant to KRS 13B.140.
(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:
N/A.
(b) The necessity of the amendment to this administrative regulation:
N/A.
(c) How the amendment conforms to the content of the authorizing statutes:
N/A.
(d) How the amendment will assist in the effective administration of the statutes:
N/A.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
Yes. This administrative regulation implements 2026 RS HB 185, which is now codified at KRS 335B.020-034.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The regulation affects all individuals with criminal convictions who may wish to apply for a respiratory care license in Kentucky at any time in the future; however, the precise number of such persons is incalculable.
(5) Provide an analysis of how the entities identified in question (4) 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 (4) will have to take to comply with this administrative regulation or amendment:
No action is necessary as a consequence of this new regulation; however, the individuals identified in the response to question (4) will have the voluntary option of submitting an application for predetermination of licensure eligibility.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
an application fee of $25 must be paid in conjunction with an application for a predetermination, and applicants who seek an administrative hearing pursuant to KRS Chapter 13B are subject to a requirement for payment of the cost of the hearing officer and the cost of stenographic services if the board final order is adverse to the applicant.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Recipients of a predetermination application will have the benefit of knowing whether a criminal conviction would constitute an absolute bar to future licensure before they undertake to obtain training and education in the field of respiratory care.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The monetary costs associated with the implementation of the amendment arise from staff time, hearing officer charges pursuant to KRS 13B.030(2), and the cost of stenographic services regard the preparation of a hearing transcript; however, the precise amount of such costs is incalculable.
(b) On a continuing basis:
The monetary costs associated with the implementation of the amendment arise from staff time, hearing officer charges pursuant to KRS 13B.030(2), and the cost of stenographic services regard the preparation of a hearing transcript; however, the precise amount of such costs is incalculable.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
Agency funds, defrayed in part from the implementation of a $25 fee that must be paid in conjunction with an application for a predetermination, and the recoupment of hearing expenditures in instances where the board final order is adverse to the applicant.
(8) 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:
As this regulation implements a new statutory predetermination process, an application fee of $25 is needed to defray the cost of implementation and ongoing administration of the predetermination process.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The promulgation of this regulation is accompanied by a corresponding amendment to 201 KAR 29:015, which imposes an application fee of $25.
(10) TIERING: Is tiering applied?
Tiering is not applied and is not needed given the context and substance of the regulation.
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 Chapter 13B, Chapter 335B, 314A.225(1)(a) and (h), 314A.205.
(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 implements 2026 RS HB 185, which is now codified at KRS 335B.020-034.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Board of Respiratory Care.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
While staff time will be needed to implement the predetermination process in the first year, procurement expenditures for materials and services will be nominal and are not expected to exceed $1,000.
For subsequent years:
While staff time will be needed to implement the predetermination process in subsequent years, procurement expenditures for materials and services will be nominal and are not expected to exceed $1,000 annually.
2. Revenues:
For the first year:
less than $500.
For subsequent years:
less than $500 annually.
3. Cost Savings:
For the first year:
The regulation will not impact cost savings.
For subsequent years:
The regulation will not impact cost savings.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None.
(b) Estimate the following for each affected local entity identified in (4)(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
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
Prospective licensure applicants.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
An application fee of $25 must be paid.
For subsequent years:
An application fee of $25 must be paid.
2. Revenues:
For the first year:
The application fee will nominally increase revenues.
For subsequent years:
The application fee will nominally increase revenues.
3. Cost Savings:
For the first year:
The regulation will not result in cost savings.
For subsequent years:
The regulation will not result in cost savings.
(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:
The board anticipates fewer than 20 predetermination applications annually, with an anticipated maximum collective annual impact of less than $500, and a fiscal impact per application of only $25.
(b) Methodology and resources used to reach this conclusion:
The foregoing estimate is based upon relative infrequency with which the board receives applications for licensure from persons with criminal convictions that are relevant to the practice of respiratory care.
(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(14):
This administrative regulation will not have a major economic impact as it relates to the entities identified in (3)(a), (4)(a), and (5)(a).
(b) The methodology and resources used to reach this conclusion:
None.
BOARDS AND COMMISSIONS
Board of Respiratory Care
(New Administrative Regulation)
201 KAR 29:025.Predetermination of License Eligibility.
Section 1.
Application.(1)
To be considered for predetermination, an applicant shall submit:(a)
A completed and signed predetermination application; and(b)
A non-refundable application fee in accordance with 201 KAR 29:015.(2)
The applicant may submit with the application evidence in accordance with KRS Chapter 335B.Section 2.
Notice of predetermination and right to an administrative hearing.(1)
A notice of predetermination shall be issued via email and USPS regular mail to the last known mailing and email addresses of the applicant within sixty (60) days of the filing of the completed application for predetermination.(2)
The applicant may challenge a determination of ineligibility by requesting an administrative hearing pursuant to KRS 335B.030(1)(a)(2), within fifteen (15) working days of the issuance of the notice of predetermination. The notice shall further state:(a)
The applicant may challenge the determination of ineligibility by requesting an administrative hearing pursuant to KRS 335B.030(1)(a)(2);(b)
If a hearing is not requested in accordance with KRS 31B.050(1)(a)(2), the determination shall remain in effect for a period of one (1) year. The applicant may not reapply during that period.(c)
A request for hearing shall be sent by email to the person identified in the notice of predetermination.(d)
If the written request for hearing is timely submitted, the board shall issue a notice of hearing in accordance with KRS 13B.050(1);(e)
Any new or previously submitted evidence relied upon by the applicant shall be submitted upon reapplication; and(f)
If the final order of the board is adverse to an applicant, the board may impose hearing costs upon the applicant pursuant to 201 KAR 29:030 §4(6).Section 3.
Incorporation by Reference.(1)
"Application for Predetermination", 8/2026, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky Board of Respiratory Care, 1714 Perryville Road, Suite 200, Danville, Kentucky 40422, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available at https://kbla.ky.gov/Pages/Resources.aspx.MARLENE MCKINLEY, RRT, Board Chair
APPROVED BY AGENCY: August 20, 2026
FILED WITH LRC: October 9, 2026 at 1:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 30, 2026 at 10:00 AM at the Kentucky Board of Respiratory Care, 1712 Perryville Rd, Suite 200, Danville, Kentucky 40422. Individuals interested in being heard at this hearing shall notify this agency in writing by December 21, 2026, 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 December 31, 2026. 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: Morgan G. Ransdell, Board Attorney, Kentucky Board of Respiratory Care 1712 Perryville Rd, Suite 200, Danville, Kentucky 40422 Phone: (502) 665-9600 Email: Morgan.Ransdell@ky.gov
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Morgan G. Ransdell Phone: (502) 665-9600 Email: Morgan.Ransdell@ky.gov
Subject Headings:
Boards and Commissions, Respiratory Care, Occupations and Professions
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation implements a process by which an individual who has been convicted of a crime can obtain a determination regarding whether the conviction will disqualify the individual from professional licensure.
(b) The necessity of this administrative regulation:
The promulgation of this administrative regulation is required by KRS Chapter 335B.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
By implementing a process by which an individual who has been convicted of a crime can obtain a determination regarding whether the conviction will disqualify the individual from professional licensure, including an opportunity for judicial review pursuant to KRS 13B.140.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
By implementing a process by which an individual who has been convicted of a crime can obtain a determination regarding whether the conviction will disqualify the individual from professional licensure, including an opportunity for judicial review pursuant to KRS 13B.140.
(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:
N/A.
(b) The necessity of the amendment to this administrative regulation:
N/A.
(c) How the amendment conforms to the content of the authorizing statutes:
N/A.
(d) How the amendment will assist in the effective administration of the statutes:
N/A.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
Yes. This administrative regulation implements 2026 RS HB 185, which is now codified at KRS 335B.020-034.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The regulation affects all individuals with criminal convictions who may wish to apply for a respiratory care license in Kentucky at any time in the future; however, the precise number of such persons is incalculable.
(5) Provide an analysis of how the entities identified in question (4) 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 (4) will have to take to comply with this administrative regulation or amendment:
No action is necessary as a consequence of this new regulation; however, the individuals identified in the response to question (4) will have the voluntary option of submitting an application for predetermination of licensure eligibility.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
an application fee of $25 must be paid in conjunction with an application for a predetermination, and applicants who seek an administrative hearing pursuant to KRS Chapter 13B are subject to a requirement for payment of the cost of the hearing officer and the cost of stenographic services if the board final order is adverse to the applicant.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Recipients of a predetermination application will have the benefit of knowing whether a criminal conviction would constitute an absolute bar to future licensure before they undertake to obtain training and education in the field of respiratory care.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The monetary costs associated with the implementation of the amendment arise from staff time, hearing officer charges pursuant to KRS 13B.030(2), and the cost of stenographic services regard the preparation of a hearing transcript; however, the precise amount of such costs is incalculable.
(b) On a continuing basis:
The monetary costs associated with the implementation of the amendment arise from staff time, hearing officer charges pursuant to KRS 13B.030(2), and the cost of stenographic services regard the preparation of a hearing transcript; however, the precise amount of such costs is incalculable.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
Agency funds, defrayed in part from the implementation of a $25 fee that must be paid in conjunction with an application for a predetermination, and the recoupment of hearing expenditures in instances where the board final order is adverse to the applicant.
(8) 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:
As this regulation implements a new statutory predetermination process, an application fee of $25 is needed to defray the cost of implementation and ongoing administration of the predetermination process.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The promulgation of this regulation is accompanied by a corresponding amendment to 201 KAR 29:015, which imposes an application fee of $25.
(10) TIERING: Is tiering applied?
Tiering is not applied and is not needed given the context and substance of the regulation.
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 Chapter 13B, Chapter 335B, 314A.225(1)(a) and (h), 314A.205.
(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 implements 2026 RS HB 185, which is now codified at KRS 335B.020-034.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Board of Respiratory Care.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
While staff time will be needed to implement the predetermination process in the first year, procurement expenditures for materials and services will be nominal and are not expected to exceed $1,000.
For subsequent years:
While staff time will be needed to implement the predetermination process in subsequent years, procurement expenditures for materials and services will be nominal and are not expected to exceed $1,000 annually.
2. Revenues:
For the first year:
less than $500.
For subsequent years:
less than $500 annually.
3. Cost Savings:
For the first year:
The regulation will not impact cost savings.
For subsequent years:
The regulation will not impact cost savings.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None.
(b) Estimate the following for each affected local entity identified in (4)(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
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
Prospective licensure applicants.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
An application fee of $25 must be paid.
For subsequent years:
An application fee of $25 must be paid.
2. Revenues:
For the first year:
The application fee will nominally increase revenues.
For subsequent years:
The application fee will nominally increase revenues.
3. Cost Savings:
For the first year:
The regulation will not result in cost savings.
For subsequent years:
The regulation will not result in cost savings.
(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:
The board anticipates fewer than 20 predetermination applications annually, with an anticipated maximum collective annual impact of less than $500, and a fiscal impact per application of only $25.
(b) Methodology and resources used to reach this conclusion:
The foregoing estimate is based upon relative infrequency with which the board receives applications for licensure from persons with criminal convictions that are relevant to the practice of respiratory care.
(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(14):
This administrative regulation will not have a major economic impact as it relates to the entities identified in (3)(a), (4)(a), and (5)(a).
(b) The methodology and resources used to reach this conclusion:
None.