Title 201 | Chapter 045 | Regulation 130REG
PROPOSED
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PREVIOUS VERSION
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BOARDS AND COMMISSIONS
KENTUCKY BOARD OF LICENSED DIABETES EDUCATORS
(Amendment)
201 KAR 45:130.Continuing education.
Section 1.
Accrual of Continuing Education Hours.(1)
(a)
The annual continuing education accrual period shall be from November 1 of each year to October 31 of the next year.(b)
Prior to renewal of a diabetes educator license or apprentice diabetes educator permit for the next licensure period, a licensee or permit holder shall have earned at least fifteen (15) hours of approved continuing education.(2)
No more than fifteen (15) hours of continuing education shall be carried over into the next continuing education period.(3)
It shall be the responsibility of each licensee to finance the costs of continuing education.Section 2.
Methods of Acquiring Continuing Education Hours.(1)
Continuing education hours for license or permit renewal shall have a substantial emphasis on diabetes and be presented at a professional level that enhances the quality and effectiveness of diabetes self-management education.(2)
A licensee or permit holder shall obtain continuing education courses from any of the following continuing education providers or programs approved by the providers:(a)
American Association of Diabetes Educators (AADE);(b)
American Diabetes Association (ADA);(c)
Academy of Nutrition and Dietetics (AND);(d)
Accreditation Council for Pharmacy Education (ACPE);(e)
Accreditation Council for Continuing Medical Education (ACCME-AMA);(f)
American Nurses Credentialing Center (ANCC);(g)
American Academy of Family Physicians (AAFP);(h)
American Academy of Nurse Practitioners (AANP);(i)
American Academy of Optometry (AAO);(j)
American Academy of Physician Assistants (AAPA);(k)
American Association of Clinical Endocrinologists (AACE);(l)
American College of Endocrinology (ACE);(m)
American College of Sports Medicine (ACSM);(n)
American Medical Association (AMA) or its Kentucky affiliate;(o)
American Nurses Association (ANA);(p)
American Occupational Therapy Association (AOTA);(q)
American Physical Therapy Association (APTA);(r)
American Psychological Association (APA);(s)
Commission on Dietetic Registration (CDR);(t)
Council on Continuing Medical Education (CCME-AOA);(u)
Council on Podiatric Medical Education (CPME-APMA);(v)
International Diabetes Federation (IDF);(w)
National Association of Clinical Nurse Specialists (NACNS);(x)
National Association of Social Workers (NASW);(y)
Kentucky Board of Nursing (KBN);(z)
Kentucky Board of Pharmacy;(aa)
Kentucky Board of Medical Licensure; or(bb)
Kentucky Nurses Association (KNA).Section 3.
Recordkeeping of Continuing Education Hours.(1)
A licensee or permit holder shall maintain a record of all continuing education courses attended for at least two (2) years after attending the course.(2)
Appropriate documentation to be kept shall include:(a)
Proof of attendance;(b)
Date of activity;(c)
Description of activity;(d)
Total hours of instruction, excluding breaks; and(e)
The name of the continuing education provider or program approved by the providers listed in Section 2.(2) above.(3)
(a)
Each licensee or permit holder shall sign a statement on the Renewal Application form incorporated by reference in 201 KAR 45:120, indicating compliance with the continuing education requirements.(b)
A license or permit shall not be renewed without the licensee signing this sworn statement.Section 4.
Reconsideration.(1)
A licensee or permit holder may request the board to reconsider its denial of a continuing education course. The request shall be filed with the board in writing.(2)
(a)
A licensee or permit holder shall file the request for reconsideration pursuant to KRS Chapter 13B within thirty (30) calendar days of notification of the denial.(b)
The request will be reviewed by the board at its next regularly scheduled meeting.Section 5.
Auditing of Continuing Education.(1)
During the annual renewal period, the board shall conduct a random audit of up to fifteen (15) percent of current licensees and permit holders.(2)
Each licensee or permit holder selected for audit shall submit documentation of completion of continuing education units from the current license year to the board no later than the end of the current license period.(3)
A licensee or permit holder who fails to comply with the audit request or the continuing education requirements shall be subject to disciplinary action.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.
E. BLAIR LYKINS, Chair
APPROVED BY AGENCY: November 4, 2025
FILED WITH LRC: November 10, 2025 at 9:40 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 27, 2026, at 2:00 P.M. Eastern Time, in PPC Conference Room 127CW, at the Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky. 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 January 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: Name: Sara Boswell Janes, Title: Staff Attorney III, Agency: Department of Professional Licensing, Office of Legal Services. Address: 500 Mero Street, 2 NC WK#2, Frankfort, Kentucky 40602. Phone Number: (502) 782-2709 (office), Fax: (502) 564-4818, Email: Sara.Janes@ky.gov. Link to PPC public comment portal: https://ppc.ky.gov/reg_comment.aspx.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Sara Janes
Subject Headings:
Diabetes Educators, Education Professional Standards, Licensing
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation sets forth the continuing education requirements for diabetes educators
(b) The necessity of this administrative regulation:
The Board is required by KRS 309.331 to regulate the practice of diabetes education and promulgate regulations regarding continuing education.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The Board is required by KRS 309.331 to regulate the practice of diabetes education and promulgate regulations regarding continuing education.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
KRS 309.337 requires licensees to provide documentation of the successful completion of board-approved continuing education credits and that waivers and extensions of continuing education may be approved at the discretion of the board. KRS 309.331(1) requires the board to promulgate administrative regulations establishing continuing education requirements. This administrative regulation establishes continuing education requirements for licensed diabetes educators.
(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 amendment clarifies that continuing education is required for a licensed diabetes educator and a diabetes educator apprentice and removes the requirement for the name of a presenter as part of the documentation that must be kept by the credential holder.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to clarify the continuing education requirements for all credential holders and to remove the requirement for name of presenter since it is not needed if the continuing education was through a board-approved provider or program.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment conforms to the content of KRS 309.331(1) through the board’s promulgation of administrative regulations to carry out and clarify continuing education requirements for licensed diabetes educators and apprentices.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment will assist in the effective administration of the statutes by clarifying the continuing education requirements for all credential holders and relieving the credential holder of maintaining the name of a presenter for a program that was pre-approved by the board.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Public Protection Cabinet, the Board of Diabetes Educators, and its licensees and permit holders. There are currently 244 licensees and permit holders and 2 inactive credential holders.
(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:
There are no new actions the regulated entities will have to take to comply with this amendment as the regulation already requires continuing education.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
The regulated entities currently pay for continuing education so there are no new costs to the regulated entities as a result of compliance with this amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
There will be clarification that all regulated entities are required to have continuing education and that programs for approval must list the name of the presenter and what approved provider the presenter is affiliated with.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There are no new costs initially.
(b) On a continuing basis:
There are no new costs on a continuing basis.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
Current Board funding comprised of fees for licensing, renewal and reinstatement will be used to implement and enforce this administrative regulation.
(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:
No additional funding or increase in fees is needed.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are directly or indirectly established or increased by the administrative regulation
(10) TIERING: Is tiering applied?
Tiering is not applicable as the proposed language will be applied equally to all entities impacted by it.
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 309.331 and 309.337, 201 KAR 45:130.
(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 expressly authorized by KRS 309.331(1) as created by 2011 Ky. Acts ch. 87, sec. 4, effective June 8, 2011.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Board of Diabetes Educators.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
No expenditures are expected to be generated by the provisions of this administrative regulation.
For subsequent years:
No expenditures are expected to be generated by the provisions of this administrative regulation.
2. Revenues:
For the first year:
No revenues are expected to be generated by the provisions of this administrative regulation.
For subsequent years:
No revenues are expected to be generated by the provisions of this administrative regulation.
3. Cost Savings:
For the first year:
No cost savings are expected by the provisions of this administrative regulation.
For subsequent years:
No cost savings are expected by the provisions of this administrative regulation.
(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):
None anticipated.
(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 anticipated fiscal impact to this administrative regulation.
(b) Methodology and resources used to reach this conclusion:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.
(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 an overall negative or adverse major economic impact to the entities identified.
(b) The methodology and resources used to reach this conclusion:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.
BOARDS AND COMMISSIONS
KENTUCKY BOARD OF LICENSED DIABETES EDUCATORS
(Amendment)
201 KAR 45:130.Continuing education.
Section 1.
Accrual of Continuing Education Hours.(1)
(a)
The annual continuing education accrual period shall be from November 1 of each year to October 31 of the next year.(b)
Prior to renewal of a diabetes educator license or apprentice diabetes educator permit for the next licensure period, a licensee or permit holder shall have earned at least fifteen (15) hours of approved continuing education.(2)
No more than fifteen (15) hours of continuing education shall be carried over into the next continuing education period.(3)
It shall be the responsibility of each licensee to finance the costs of continuing education.Section 2.
Methods of Acquiring Continuing Education Hours.(1)
Continuing education hours for license or permit renewal shall have a substantial emphasis on diabetes and be presented at a professional level that enhances the quality and effectiveness of diabetes self-management education.(2)
A licensee or permit holder shall obtain continuing education courses from any of the following continuing education providers or programs approved by the providers:(a)
American Association of Diabetes Educators (AADE);(b)
American Diabetes Association (ADA);(c)
Academy of Nutrition and Dietetics (AND);(d)
Accreditation Council for Pharmacy Education (ACPE);(e)
Accreditation Council for Continuing Medical Education (ACCME-AMA);(f)
American Nurses Credentialing Center (ANCC);(g)
American Academy of Family Physicians (AAFP);(h)
American Academy of Nurse Practitioners (AANP);(i)
American Academy of Optometry (AAO);(j)
American Academy of Physician Assistants (AAPA);(k)
American Association of Clinical Endocrinologists (AACE);(l)
American College of Endocrinology (ACE);(m)
American College of Sports Medicine (ACSM);(n)
American Medical Association (AMA) or its Kentucky affiliate;(o)
American Nurses Association (ANA);(p)
American Occupational Therapy Association (AOTA);(q)
American Physical Therapy Association (APTA);(r)
American Psychological Association (APA);(s)
Commission on Dietetic Registration (CDR);(t)
Council on Continuing Medical Education (CCME-AOA);(u)
Council on Podiatric Medical Education (CPME-APMA);(v)
International Diabetes Federation (IDF);(w)
National Association of Clinical Nurse Specialists (NACNS);(x)
National Association of Social Workers (NASW);(y)
Kentucky Board of Nursing (KBN);(z)
Kentucky Board of Pharmacy;(aa)
Kentucky Board of Medical Licensure; or(bb)
Kentucky Nurses Association (KNA).Section 3.
Recordkeeping of Continuing Education Hours.(1)
A licensee or permit holder shall maintain a record of all continuing education courses attended for at least two (2) years after attending the course.(2)
Appropriate documentation to be kept shall include:(a)
Proof of attendance;(b)
Date of activity;(c)
Description of activity;(d)
Total hours of instruction, excluding breaks; and(e)
The name of the continuing education provider or program approved by the providers listed in Section 2.(2) above.(3)
(a)
Each licensee or permit holder shall sign a statement on the Renewal Application form incorporated by reference in 201 KAR 45:120, indicating compliance with the continuing education requirements.(b)
A license or permit shall not be renewed without the licensee signing this sworn statement.Section 4.
Reconsideration.(1)
A licensee or permit holder may request the board to reconsider its denial of a continuing education course. The request shall be filed with the board in writing.(2)
(a)
A licensee or permit holder shall file the request for reconsideration pursuant to KRS Chapter 13B within thirty (30) calendar days of notification of the denial.(b)
The request will be reviewed by the board at its next regularly scheduled meeting.Section 5.
Auditing of Continuing Education.(1)
During the annual renewal period, the board shall conduct a random audit of up to fifteen (15) percent of current licensees and permit holders.(2)
Each licensee or permit holder selected for audit shall submit documentation of completion of continuing education units from the current license year to the board no later than the end of the current license period.(3)
A licensee or permit holder who fails to comply with the audit request or the continuing education requirements shall be subject to disciplinary action.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.
E. BLAIR LYKINS, Chair
APPROVED BY AGENCY: November 4, 2025
FILED WITH LRC: November 10, 2025 at 9:40 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 27, 2026, at 2:00 P.M. Eastern Time, in PPC Conference Room 127CW, at the Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky. 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 January 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: Name: Sara Boswell Janes, Title: Staff Attorney III, Agency: Department of Professional Licensing, Office of Legal Services. Address: 500 Mero Street, 2 NC WK#2, Frankfort, Kentucky 40602. Phone Number: (502) 782-2709 (office), Fax: (502) 564-4818, Email: Sara.Janes@ky.gov. Link to PPC public comment portal: https://ppc.ky.gov/reg_comment.aspx.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Sara Janes
Subject Headings:
Diabetes Educators, Education Professional Standards, Licensing
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation sets forth the continuing education requirements for diabetes educators
(b) The necessity of this administrative regulation:
The Board is required by KRS 309.331 to regulate the practice of diabetes education and promulgate regulations regarding continuing education.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The Board is required by KRS 309.331 to regulate the practice of diabetes education and promulgate regulations regarding continuing education.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
KRS 309.337 requires licensees to provide documentation of the successful completion of board-approved continuing education credits and that waivers and extensions of continuing education may be approved at the discretion of the board. KRS 309.331(1) requires the board to promulgate administrative regulations establishing continuing education requirements. This administrative regulation establishes continuing education requirements for licensed diabetes educators.
(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 amendment clarifies that continuing education is required for a licensed diabetes educator and a diabetes educator apprentice and removes the requirement for the name of a presenter as part of the documentation that must be kept by the credential holder.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to clarify the continuing education requirements for all credential holders and to remove the requirement for name of presenter since it is not needed if the continuing education was through a board-approved provider or program.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment conforms to the content of KRS 309.331(1) through the board’s promulgation of administrative regulations to carry out and clarify continuing education requirements for licensed diabetes educators and apprentices.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment will assist in the effective administration of the statutes by clarifying the continuing education requirements for all credential holders and relieving the credential holder of maintaining the name of a presenter for a program that was pre-approved by the board.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Public Protection Cabinet, the Board of Diabetes Educators, and its licensees and permit holders. There are currently 244 licensees and permit holders and 2 inactive credential holders.
(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:
There are no new actions the regulated entities will have to take to comply with this amendment as the regulation already requires continuing education.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
The regulated entities currently pay for continuing education so there are no new costs to the regulated entities as a result of compliance with this amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
There will be clarification that all regulated entities are required to have continuing education and that programs for approval must list the name of the presenter and what approved provider the presenter is affiliated with.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There are no new costs initially.
(b) On a continuing basis:
There are no new costs on a continuing basis.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
Current Board funding comprised of fees for licensing, renewal and reinstatement will be used to implement and enforce this administrative regulation.
(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:
No additional funding or increase in fees is needed.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are directly or indirectly established or increased by the administrative regulation
(10) TIERING: Is tiering applied?
Tiering is not applicable as the proposed language will be applied equally to all entities impacted by it.
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 309.331 and 309.337, 201 KAR 45:130.
(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 expressly authorized by KRS 309.331(1) as created by 2011 Ky. Acts ch. 87, sec. 4, effective June 8, 2011.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Board of Diabetes Educators.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
No expenditures are expected to be generated by the provisions of this administrative regulation.
For subsequent years:
No expenditures are expected to be generated by the provisions of this administrative regulation.
2. Revenues:
For the first year:
No revenues are expected to be generated by the provisions of this administrative regulation.
For subsequent years:
No revenues are expected to be generated by the provisions of this administrative regulation.
3. Cost Savings:
For the first year:
No cost savings are expected by the provisions of this administrative regulation.
For subsequent years:
No cost savings are expected by the provisions of this administrative regulation.
(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):
None anticipated.
(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 anticipated fiscal impact to this administrative regulation.
(b) Methodology and resources used to reach this conclusion:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.
(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 an overall negative or adverse major economic impact to the entities identified.
(b) The methodology and resources used to reach this conclusion:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.