Call to Order and Roll Call
The October meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, October 13, 2015, at 1:00 PM, in Room 149 of the Capitol Annex. Senator Ernie Harris, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members :< Members> Senator Ernie Harris, Co-Chair; Representative Mary Lou Marzian, Co-Chair; Senators Julie Raque Adams and Perry B. Clark; and Representative Tommy Turner.
Guests: Marcie Lowe, Education Professional Standards Board; Steve Bullard, Jake McKinney, Department of Military Affairs; Dick Carroll, Board of Accountancy; Connie Calvert, Jonathan Shrewsbury, Board of Optometric Examiners; Marcus Jones, Greg Wells, Board of Licensure for Long term Care Administrators; Leanne Diakov, Board of Medical Licensure; Kristen Reese, Rhonda Richardson, Real Estate Commission; Johnathan Buckley, David Cox, State Board of Licensure for Professional Engineers and Land Surveyors; Marcus Jones, Marci Purtell, Board of Interpreters for the Deaf and Hard of Hearing; Ryan Halloran, Applied Behavior Analysis Licensing Board; Sheryl Abercrombie, Andrea Cornelle, Brian Judy, Elizabeth Morgan, Carol Scherbak, Board of Medical Imaging and Radiation Therapy; John Cummings, Parole Board; Gerald Ross, Law Enforcement Council; Noelle Bailey, Scott Jones, Department of Charitable Gaming; Christa Bell, Virginia Carrington, Sarah Cooper, Todd Trapp, Department for Community Based Services; Sandra Hackney, Bluegrass Community and Technical College, Pam Mooney, John Weikel, Sr., John Weikel, Jr., A-Pass-Weikel Institute; and Tim Arnold, DPA.
LRC Staff: Donna Little, Sarah Amburgey, Carrie Klaber, Karen Howard, Emily Harkenrider, Emily Caudill, Ange Bertholf, and Betsy Cupp.
The Administrative Regulation Review Subcommittee met on Tuesday, October 13, 2015, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
EDUCATION PROFESSIONAL STANDARDS BOARD: Teaching Certificates
16 KAR 2:100. Junior Reserve Officers Training Corps certification. Marcie Lowe, legislative liaison, represented the board.
In response to questions by Senator Clark, Ms. Lowe stated that this administrative regulation, which applied to military-related school programs, was being amended to allow the Kentucky Department of Education to create a new career pathway related to the Junior Reserve Officers Training Corps. The requirement for documentation of honorable military service applied to initial applicants as instructors for the programs.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to clarify that this administrative regulation also applies to Junior Guard certification; (2) to amend the RELATES TO paragraph to add a citation; and (3) to amend Sections 1, 2, and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
16 KAR 2:110. Endorsement for teachers for gifted education.
In response to a question by Senator Clark, Ms. Lowe stated that 16 KAR 2:110 through 2:200, 16 KAR 3:030 and 3:040, and 16 KAR 9:030 and 9:040 were amended to add character and fitness questions to the applications incorporated by reference. The character and fitness questions were an opportunity for the applicant to self-disclose matters such as allegations of misconduct, instances of licensure discipline, and relevant criminal convictions.
A motion was made and seconded to approve the following amendments: to amend Section 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
16 KAR 2:140. Probationary certificate for teachers of children, birth to primary.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add citations; and (2) to amend Sections 1, 2, and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection and with agreement of the agency, the amendments were approved.
16 KAR 2:150. Probationary certificate for teachers of engineering and technology information.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
16 KAR 2:160. Probationary certificate for teachers of exceptional children.
A motion was made and seconded to approve the following amendments: to amend Sections 2 through 5 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
16 KAR 2:170. Probationary certificate for middle school teachers.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
16 KAR 2:200. Probationary certificate for teachers for English as a second language.
Administrative Certificates
16 KAR 3:030. Professional certificate for directors and assistant directors of pupil personnel.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 2 and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
16 KAR 3:040. Director of special education.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 2 and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to amend Section 5 to update the material incorporated by reference so that the form complies with the amendments to this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
Alternative Routes to Certification
16 KAR 9:030. Professional certificate for college faculty.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
16 KAR 9:040. Part-time adjunct instructor certificate.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 2 and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
DEPARTMENT OF MILITARY AFFAIRS: National Guard Tuition Award Program
106 KAR 3:010. Kentucky National Guard Tuition Award Program. Brigadier General Steve Bullard, chief of staff, and Major Jake McKinney, State Education Officer, represented the department.
In response to a question by Co-Chair Harris, Brigadier General Bullard stated that funding for the Kentucky National Guard Tuition Award Program was being exhausted. The program eliminated funding for summer sessions and no longer funded master’s degrees. The department was amending this administrative regulation to continue to be a good steward of the program’s funds.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1 through 7 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Accountancy: Board
201 KAR 1:050. License application. Dick Carroll, executive director, represented the board.
In response to a question by Co-Chair Harris, Mr. Carroll stated that a photograph was no longer required to sit for an examination because fingerprints, which were a more secure means of identification, were now required to be scanned.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (2) to amend the STATUTORY AUTHORITY paragraph to add a citation; and (3) to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 1:063. Certificate of experience.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (2) to amend Section 3 to clarify requirements; (3) to amend the RELATES TO paragraph to correct a citation; and (4) to amend Sections 1 through 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 1:071. Repeal of 201 KAR 1:064.
201 KAR 1:081. Firm license, renewal, and reinstatement.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (2) to amend Section 3 to specify requirements; (3) to amend Sections 1, 2, and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to amend Sections 2, 6, and 7 to establish that fees shall be nonrefundable. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 1:140. Procedures for the reinstatement or reissuance of CPA license.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (2) to amend the RELATES TO paragraph to add a citation; (3) to amend Sections 1 through 4 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to amend Section 3(2)(d) to add that continuing professional education credits previously used to satisfy Kentucky reinstatement requirements shall not be used for subsequent reinstatement purposes. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 1:150. Procedures for the dissemination of information relative to hearings held before the Kentucky State Board of Accountancy.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Section 1 to add a link the board’s Web site. Without objection, and with agreement of the agency, the amendments were approved.
Board of Optometric Examiners: Board
201 KAR 5:030. Annual courses of study required. Connie Calvert, executive director, and Dr. Jonathan Shrewsbury, OD, board member, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 5:110. Expanded therapeutic procedures.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1 through 6 to comply with the drafting requirements of KRS Chapter 13A; and (4) to add a new section to establish who shall file the documents incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Office of Occupations and Professions: Board of Licensure for Long-term Care Administrators: Board
201 KAR 6:070. Continuing education. Marcus Jones, assistant attorney general, and Greg Wells, chair, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 2 through 6, 8, and 10 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Medical Licensure: Board
201 KAR 9:305. Continued licensure of athletic trainers. Leanne Diakov, general counsel, represented the board.
A motion was made and seconded to approve the following amendments: to amend Section 2 to clarify that an athletic trainer shall still complete the required HIV/AIDS course referenced in KRS 311.901, but only once upon initial licensure or within the first three (3) year renewal cycle from initial licensure. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 9:310. Continuing medical education.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a citation; (2) to amend Section 4 to insert examples of what constitutes "sufficient cause" for granting an extension of time for completing the continuing medical education requirements; (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 5 and 8 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Real Estate Commission: Commission
201 KAR 11:170 & E. Real estate school and pre-license course approval. Kristen Reese, director of education and licensing, and Rhonda Richardson, general counsel, represented the commission. Sandra Hackney, associate professor at Bluegrass Community and Technical College; Pam Mooney, instructor at the A-Pass-Weikel Institute; John Weikel, Jr., president of the A-Pass-Weikel Institute; and John Weikel, Sr., appeared in opposition to these administrative regulations.
Ms. Hackney stated that, as real estate option coordinator at Bluegrass Community and Technical College, she believed that the original intent of the authorizing legislation was to include hands-on courses for post-licensure training, which would support licensees in understanding licensee responsibilities to the public and requirements of the commission. Ms. Hackney stated that, while she fully supported that intent, there were some practical problems with the requirements. For colleges, courses were established in forty-eight (48) or thirty-two (32) hour divisions. If the administrative regulation required sixteen (16), rather than the current eighteen (18), hours of electives, this would be evenly divisible into the existing class time structure. Likewise, if the total class requirements were for thirty-two (32), rather than thirty (30), hours, the requirements would fit the existing class time structure. Also, the brokerage management class should qualify for credit toward the post-licensure education requirements.
In response to questions by Co-Chair Harris, Ms. Hackney stated that graduates of the program received the instruction necessary to sit for the real estate licensure examination; however, education programs did not actually approve or issue the licenses. The program also provided continuing education and post-licensure education.
Mr. Weikel, Jr. stated that he supported what he believed to be the legislative intent to raise the bar regarding education for licensees; however, he requested several amendments to these administrative regulations. KRS 324.085(2) was not intended to require a specific curriculum for post-licensure, which would place education providers at a disadvantage. 201 KAR 11:235, Section 2(8) should be amended so that any real estate course offered by an accredited institution would qualify for credit toward post-license education. Those courses had already been approved by the commission and should not require another level of scrutiny and documentation. A high level course, such as brokerage management, should substitute in lieu of a lower level course. The A-Pass-Weikel Institute, which was one of the largest pre-licensure and post-licensure education providers in Kentucky, was not given an opportunity to participate in the development of these administrative regulations. Sixteen (16), rather than the current eighteen (18), hours of electives should be required in order to evenly divide electives into the existing class time structure. Total class requirements should be for thirty-two (32), rather than thirty (30), hours, in order to fit the existing class time structure. All real estate education courses were designed to protect the public. Mr. Weikel, Jr. stated that he would not have supported the authorizing legislation had he known that it would be applied inflexibly in these administrative regulations.
In response to a question by Senator Raque Adams, Ms. Richardson stated that the commission met several times with Mr. Weikel, Jr. regarding the curriculum courses, and the commission did not agree to his proposed amendment. Licensees in the post-licensure education program would be sales associates, not brokers; therefore, a brokerage management class was not generally appropriate for credit. There were three (3) levels of education for sales associates: prelicensure, post-licensure, and continuing education. Each level of education required its own, topically based approval process. It was inappropriate for a brokerage management class to receive automatic approval for credit toward post-licensure education requirements. Brokerage management courses were generally directed toward career advancement, while the post-licensure intent was toward public protection. The workgroup, which consisted of geographically diverse providers throughout Kentucky, licensees, realtor association members, and public stakeholders, established the curriculum hour standards, including hour standards for specific topics. She stated that the commission would agree to revise 201 KAR 11:235, Section 4(2), to amend the total class requirements from thirty (30) to thirty-two (32) hours, to amend the elective class requirements from eighteen (18) to sixteen (16) hours, and to add a two (2) hour required class for Risk Management.
Ms. Mooney, a pre-license instructor at A-Pass-Weikel Institute, stated that she supported Mr. Weikel’s proposed amendment to 201 KAR 11:235, Section 2(8).
In response to questions by Co-Chair Marzian, Mr. Weikel, Jr. stated that there were probably fewer than fifty (50) proprietary education providers in Kentucky. Ms. Richardson stated that there were fourteen (14) pre-licensure education providers and forty-five (45) continuing education providers. University and college providers had a separate process for approval.
In response to a question by Co-Chair Harris, Ms. Richardson stated that the commission preferred not to defer consideration of these administrative regulations to the November meeting of the Subcommittee because these requirements needed to be in place by January 1, 2016.
Mr. Weikel, Sr., stated that brokerage management was the best real estate education course available, and it should be approved for credit toward post-licensure requirements. Brokerage management skills translated to sales associates.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, 3, 5, 7, and 8 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Sections 1 and 9 to incorporate an application form by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:175 & E. Instructor approval procedures and guidelines.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:195. Informal settlement procedures.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a citation; and (2) to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:210. Licensing, education, and testing requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; and (2) to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:230. Continuing education requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 4, 5, and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:232. Continuing education provider requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 1 through 4 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:235 & E. Post-license education requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY and Sections 2 through 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 4(2) to: (a) change total post-licensure education hour requirements from thirty (30) to thirty-two (32); (b) change elective post-licensure education hour requirements from eighteen (18) to sixteen (16); and (c) add a two (2) hour elective for a Risk Management course to the list of electives. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:240 & E. Distance education requirements.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 6 to incorporate the Distance Education Guidelines by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:460. Minimum rating requirements for instructors.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure for Professional Engineers and Land Surveyors: Board
201 KAR 18:104. Seals and signatures. Jonathan Buckley, general counsel, and David Cox, executive director, represented the board.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY paragraph and Sections 1 through 4 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 18:142. Code of processional practice and conduct.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; and (2) to amend Sections 1 through 4, 6, 7, 8, 10, and 12 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Interpreters for the Deaf and Hard of Hearing: Board
201 KAR 39:030. Application; qualifications for licensure; and certification levels. Marcus Jones, assistant attorney general, and Marci Purtell, vice chair, represented the board.
In response to a question by Co-Chair Harris, Mr. Jones stated that the level required for successful completion of the performance assessment had changed from 3.5 to 4.0. Ms. Purtell stated that, because the required level had changed, the references to the 3.5 level in the administrative regulation and the form were obsolete.
201 KAR 39:070. Application qualifications for temporary license.
Applied Behavior Analysis Licensing Board: Board
201 KAR 43:010. Application procedures for licensure. Ryan Halloran, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 and 3 to clarify the application review fee and licensure fee; and (2) to amend Section 4 to revise the application for licensure, which was incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 43:020. Application procedures for temporary licensure.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A; (2) to amend Sections 2 and 3 to clarify that there is an application review fee and a licensure fee that is required to be submitted with the application for licensure; and (3) to update the REGULATORY IMPACT ANALYSIS to correct a response to a question to indicate the changes made to the administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 43:050. Requirements for supervision.
A motion was made and seconded to approve the following amendments: to amend Sections 3, 4, 10, 14, and 15 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 43:080. Renewals.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to clarify that the expiration of a license shall not occur unless the license is not renewed before the last day of the calendar month following the calendar month during which the license was issued; and (2) to amend Section 4 to clarify that the fee mentioned is the reinstatement fee. Without objection, and with agreement of the agency, the amendments were approved.
Board of Medical Imaging and Radiation Therapy: Board
201 KAR 46:010. Definitions for 201 KAR Chapter 46. Sheryl Abercrombie, chair; Brian Judy, assistant attorney general; and Carol Scherbak, board member, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 1 to: (a) include in the definition for “advanced imaging professional” the certification organization for credentialing; and (b) add a definition for “computed tomography” or “CT”. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 46:020. Fees.
In response to questions by Co-Chair Harris, Mr. Judy stated that some of the fees in this administrative regulation were existing and some were new. The fees were initially established by the Cabinet for Health and Family Services, but the board was now an independent body. Fees needed to reflect current cost increases since the board had become independent. Ms. Abercrombie stated that most licensees were expecting and supportive of the fee changes.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Section 4 to clarify that the provisional training licensee fee is only for a radiation therapist and a nuclear medicine technologist; (4) to amend Section 10 to clarify that the home study course fee for an independent study course is only for a limited x-ray machine operator; (5) to amend Section 12 to clarify that the written verification of documents fee is the verification of qualifications fee required by KRS 311B.120(2); and (6) to amend Section 14 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 46:030. Education for medical imaging technologists, advanced imaging professionals and radiation therapists.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correction citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend the TITLE and Section 1 to comply with the drafting requirements of KRS Chapter 13A; (4) to amend Section 2 to clarify that a student shall not be employed for the purpose of medical imaging or radiation therapy in Kentucky, in accordance with KRS 311B.090(2); and (5) to delete Section 3 because the material incorporated by reference is already incorporated in 201 KAR 46:040. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 46:040. Medical imaging technologist, advanced imaging processional and radiation therapist licenses.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Section 1 to clarify what kind of supervision is required for an individual who performs medical imaging or radiation therapy for diagnostic medical imaging or therapeutic purposes while under the supervision of a licensed practitioner of the healing arts; (4) to amend Section 2 to clarify what the eligibility requirements are for a radiographer and a nuclear medicine technologist; (5) to amend Sections 11 and 14 to include in the incorporation by reference section: (a) all of the practice standards; and (b) the license application and license renewal forms in the incorporation by reference section; (6) to amend the TITLE and Sections 2, 3, 4, and 6 through 15 to comply with the drafting requirements of KRS Chapter 13A; and (7) to amend Section 3 to permit the board to waive the requirement of graduation from a program accredited by the Joint Review Committee on Education in Radiologic Technology or the Joint Review Committee on Educational Programs in Nuclear Medicine Technology, if a student enters a program not under probation and the majority of the education program is completed under the accreditation required pursuant to 201 KAR 46:030, as long as the graduate passes the American Registry of Radiologic Technologists (ARRT) examination on the first attempt. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 46:045. Temporary license application for medical imaging technologists, advanced imaging professionals, and radiation therapists.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend the TITLE and Sections 1 through 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 46:050. Provisional training license for medical imaging technologists and radiation therapists.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend the TITLE and Sections 1 through 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 46:060. Continuing education requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1 and 2 to clarify what continuing education is required for a radiographer and for a nuclear medicine technologist; (4) to amend Section 2 to clarify what is the Recognized Continuing Education Mechanism (RCEEM); (5) to amend Section 3 to: (a) clarify who does the submitting for the board approval of a continuing education program; and (b) add criteria for the basis of the board’s decision to approve a continuing education activity; and (6) to amend Sections 1, 2, 3, 5, and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 46:070. Violations and enforcement.
In response to questions by Co-Chair Harris, Mr. Judy stated that late fees were tiered, with different penalties for different tiers. During the public comment period, there were no comments regarding the fees. The board had problems in the past with former licensees continuing to practice after licensure had lapsed.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Section 1 to clarify the kinds of board orders requiring licensee compliance; (4) to amend Section 3 to: (a) establish that failure to apply for renewal by an individual who would be eligible for renewal of a license, but who does not currently qualify due to insufficient continuing education, shall, upon a violation being discovered, be assessed a civil penalty of twenty-five (25) dollars per day until the application has been approved by the board; (b) clarify that the fee schedule assessed for failure to renew a license by the expiration date is a late fee; and (c) establish the civil penalty of $100 per day until an application is approved for an individual performing a procedure requiring a license who is not qualified for licensure upon the violation being discovered; and (5) to amend Sections 1 through 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 46:081. Limited x-ray machine operator.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Section 1 to clarify what kind of supervision shall be required for an individual who performs limited diagnostic radiography while under the supervision of a licensed practitioner of the healing arts, a licensed limited x-ray machine operator, or a licensed radiographer; (4) to amend Section 4 to add a reference to the home study course fee for an independent study course; (5) to amend Sections 6 and 7 to establish what constitutes appropriate supervision; and (6) to amend Sections 1, 3, 4, and 9 through 14 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
JUSTICE AND PUBLIC SAFETY CABINET: Parole Board: Board
501 KAR 1:080. Parole Board policies and procedures. John Cummings, counsel, represented the board. Tim Arnold represented the Department for Public Advocacy.
Senator Clark asked that the Parole Board take note of an article in the most recent issue of Governing Magazine. The article examined parole boards across the nation, many of which seemed to be focused more on discipline than rehabilitation.
Mr. Arnold stated that the committee amendment addressed the Department for Public Advocacy’s concerns.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 and KYPB 10-00, 10-01, 11-00, 12-00, 13-00, 13-01, 13-02, 20-00, 21-00, 22-00, 23-00, 23-01, 23-02, 30-00, 30-01, and 30-02 to remove the amendments filed by the board on February 13, 2015; and (2) to amend KYPB 21-00 to require offenders on mandatory reentry supervision to make reasonable efforts toward paying court ordered restitution and any sum payable to the Crime Victims Compensation Fund pursuant to KRS 439.3406(6). Without objection, and with agreement of the agency, the amendments were approved.
Law Enforcement Council: Council
503 KAR 1:140. Peace officer, telecommunicator, and court security officer professional standards. Gerald Ross, assistant general counsel, represented the council.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph and Section 4 to correct citations; (2) to amend Sections 2 through 5, 7, 9, 10, 11, and 15 to update form titles, edition dates, and required usage; and (3) to amend Sections 4, 10, and 15 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Charitable Gaming: Charitable Gaming
820 KAR 1:001. Definitions for 820 KAR Chapter 1. Noelle Bailey, general counsel and legislative liaison, and Scott Jones, commissioner, represented the department.
A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:032. Pulltab construction.
A motion was made and seconded to approve the following amendments: (1) to amend Section 12 to clarify that if a product cannot be replaced, or defect corrected, the distributor shall provide a refund to the organization; and (2) to amend Sections 6, 10, and 12 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:033. Electronic pulltab system, electronic pulltab device, and electronic pulltab construction.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to clarify that: (a) the department has sixty (60) days after receiving the testing results from the independent testing facility to inform the manufacturer of its decision to approve or disapprove the electronic pulltab system and software; and (b) modifications to an electronic pulltab system or its software that require testing and certification do not include routine maintenance activities; (2) to amend Section 3 to require the department to be notified of any changes of information needed to access the system at least three (3) days prior to the change to be consistent with the department having real-time access; (3) to amend Section 4 to clarify that a point of sale station shall not display information relating to prizes already paid out in a particular game set; (4) to amend Section 9 to specify that the total amount of all monetary transactions includes those related to electronic pulltabs and electronic pulltab devices at each gaming occasion; and (6) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph; Sections 1 through 6 and 9 through 13; and the material incorporated by reference to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Community Based Services: Division of Family Support: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:006. Technical requirements for the Kentucky Transitional Assistance Program (K-TAP). Virginia Carrington, director, and Todd Trapp, branch manager, represented the division.
In response to questions by Senator Raque Adams, Ms. Carrington stated that the changes to these administrative regulations were for compliance with new technology and automation systems, including those used to determine eligibility for Medicaid, food stamps, and other cabinet programs. The division was correcting a backlog of hearings as part of a corrective action plan. Ninety (90) percent of the hearing backlog had been corrected, and current hearings were being handled in a timely fashion.
In response to questions by Co-Chair Harris, Ms. Carrington stated that these administrative regulations were being amended to include a Web-based system for tracking. The division previous used a COBALT system. The new Web-based system was more efficient and accurate. The new system was capable of interfacing with systems from other states and included a self-service portal for participants. Because of the system’s interfacing and integrated capabilities, duplication and fraud were expected to be significantly reduced. The system was scheduled to begin operating December 28, 2015. Participants without a personal computer would be able to access library computers to use the self-service application portal.
921 KAR 2:016. Standards for need and amount for the Kentucky Transitional Assistance Program (K-TAP).
921 KAR 2:017. Kentucky Works Program (KWP) supportive services.
921 KAR 2:046. Adverse action; conditions.
921 KAR 2:050. Time and manner of payments.
921 KAR 2:055. Hearings and appeals.
921 KAR 2:060. Delegation of power for oaths and affirmations.
921 KAR 2:370. Technical requirements for Kentucky Works Program (KWP).
921 KAR 2:500. Family Alternatives Diversion (FAD).
921 KAR 2:510. Relocation Assistance Program.
921 KAR 2:520. Work Incentive or “WIN”.
Department for Community Based Services: Division of Family Support: Supplemental Nutrition Assistance Program
921 KAR 3:035. Certification process.
921 KAR 3:042. Supplemental Nutrition Assistance Program Employment and Training Program.
921 KAR 3:050. Claims and additional administrative provisions.
921 KAR 3:090 & E. Simplified assistance for the elderly program or “SAFE”.
Division of Protection and Permanency: Child Welfare
922 KAR 1:310. Standards for child-placing agencies. Christa Bell, assistant director; Sarah Cooper, policy analyst; and Teresa James, commissioner, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 4, 6, 8, 10, and 22 to clarify the conditions for exceptions; and (2) to amend Sections 1, 2, 4, 5, 6, 8, 10, 12, 13, 14, and 17 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
922 KAR 1:340. Standards for independent living programs.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
922 KAR 1:350. Family preparation for foster parents, adoptive parents, and respite care providers for children in the custody of the cabinet.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 through 5, 12, and 16 to clarify the conditions for exceptions; and (2) to amend the RELATES TO paragraph and Sections 1 through 4, 6, 9, 10, and 16 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
922 KAR 1:495. Training requirements for foster parents, adoptive parents, and respite care providers for children in the custody of the cabinet.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to clarify a training deadline; and (2) to amend Sections 1 through 4, and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the November 10, 2015, meeting of the Subcommittee:
CABINET FOR ECONOMIC DEVELOPMENT: Economic Development Finance Authority: Authority
307 KAR 1:005. Applications for Kentucky Incentive Programs.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: General Admission
702 KAR 1:170. School district data security and breach procedures.
PUBLIC PROTECTION CABINET: Department of Charitable Gaming: Charitable Gaming
820 KAR 1:005. Exempt Organizations.
820 KAR 1:015. Issuance of annual license for a charitable organization.
820 KAR 1:016. Distributor and manufacturer licensees.
820 KAR 1:017. Licensing inspections.
820 KAR 1:025. Financial reports of a licensed charitable organization.
820 KAR 1:029. Facility licensees.
820 KAR 1:034. Pulltab dispenser construction and use.
820 KAR 1:036. Pulltab rules of play.
820 KAR 1:046. Bingo rules of play.
820 KAR 1:050. Raffle standards.
820 KAR 1:055. Charity fundraising event standards.
820 KAR 1:056. Special limited charity fundraising event standards.
820 KAR 1:057. Accurate records.
820 KAR 1:058. Gaming occasion records.
820 KAR 1:120. Allowable expenses.
820 KAR 1:125. Gaming inspections.
820 KAR 1:130. Administrative actions.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Inspector General: Division of Health Care: Health Services and Facilities
902 KAR 20:091. Facilities specifications, operation and services; community mental health center.
902 KAR 20:180. Psychiatric hospitals; operation and services.
Department for Medicaid Services: Division of Policy and Operations: Medicaid Services
907 KAR 1:026. Dental services’ coverage provisions and requirements.
Division of Community Alternatives: Medicaid Services
907 KAR 1:045. Reimbursement provisions and requirements regarding community mental health center services.
Division of Policy and Operations: Medicaid Services
907 KAR 1:046. Community mental health center primary care services.
Division of Community Alternatives: Medicaid Services
907 KAR 1:595. Model Waiver II service coverage and reimbursement policies and requirements.
907 KAR 1:626. Reimbursement of dental services.
Division of Policy and Operations: Hospital Service Coverage and Reimbursement
907 KAR 10:020. Coverage provisions and requirement regarding outpatient psychiatric hospital services.
907 KAR 10:025. Reimbursement provisions and requirements regarding outpatient psychiatric hospital services.
The Subcommittee adjourned at 2:45 p.m. until November 10, 2015, at 1 p.m.