201 Ky. Admin. Regs. 42:035

Current through Register Vol. 51, No. 6, December 1, 2024

Section 201 KAR 42:035 - Application process, exam, and curriculum requirements

RELATES TO: KRS 309.355, 309.358, 309.359, 309.362, 309.363, 309.3631, 335B.010-335B.070

NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.355(1) requires the board to administer and enforce the provisions of KRS 309.350 to 309.364 and to evaluate the qualifications of applicants for licensure. KRS 309.355(3) requires the board to promulgate administrative regulations to implement KRS 309.350 to 309.364, including educational program curriculum. The board may issue a license to an applicant meeting the standards established in KRS 309.358 or 309.359. This administrative regulation establishes the application process and curriculum requirements for licensure.

Section 1. An applicant for licensure as a massage therapist shall:

(1) File a completed, signed, and dated Application for Licensure as a Massage Therapist, and the required documentation with the board, meeting the requirements established in KRS 309.358;

(2) Pay the application fee as established in 201 KAR 42:020; and

(3) Affix a two (2) inch by two (2) inch or larger passport quality color head shot photograph of only the applicant to the application form. The photograph submitted with the application shall be taken within the previous six (6) months to reflect the current appearance of the applicant.

Section 2.

(1) To comply with KRS 309.358(1)(f), an applicant shall submit to the board, upon application, an official transcript or certificate that:

(a) Shows the completion of at least 600 classroom hours earned at a board approved massage therapy program; and

(b) Itemizes compliance with the clock hour requirements established in KRS 309.363(1)(b).

(2) Board approved massage therapy programs include only those programs holding a certificate of good standing issued pursuant to KRS 309.363, 309.3631, and 201 KAR 42:080.

(3) A massage therapy school which has registered and obtained a school code assignment with the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB) shall maintain good standing with the NCBTMB during the entire period the applicant attended the school. Suspension or revocation of the NCBTMB school code at any time during that period shall constitute grounds for:

(a) Denial of an application for licensure by graduates of that school; and

(b) Revocation of a certificate of good standing held by the massage therapy school.

(4) A school's non-renewal of an NCBTMB code while in good standing shall not preclude an applicant from obtaining licensure.

Section 3. Examinations.

(1) An applicant shall successfully pass an examination:

(a) Listed in KRS 309.358(1)(g); or

(b) Approved by the board pursuant to KRS 309.358(1)(g) and listed in subsection (4) of this section.

(2) An examination shall be approved by the board as meeting the standard established in KRS 309.358(1)(g) if the board finds that the examination:

(a) Has been scientifically constructed to be valid and objective;

(b) Reflects the curriculum content established in KRS 309.363(1);

(c) Has security procedures to protect the exam content; and

(d) Has clear application, reporting, and appeal procedures.

(3) Approval of exams shall be noted in the board minutes and on the board Web site at http://bmt.ky.gov.

(4) The following examinations have been approved by the board pursuant to KRS 309.358(1)(g):

(a) The Massage and Bodywork Licensing Examination (MBLEx) or other exam administered by the Federation of State Massage Therapy Boards (FSMTB);

(b) An entry level examination administered by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB);

(c) Any examination of a certifying agency approved by National Commission on Certifying Agencies (NCCA);

(d) An entry level massage therapy examination administered by the National Board Certification Agency (NBCA);

(e) The State of Ohio Massage Therapy Licensing Exam; and

(f) The State of New York Massage Therapy Licensing Exam.

Section 4.

(1) An applicant with a criminal history, excluding minor traffic violations, may be required to participate in an in-person interview with the board's Application Committee prior to licensure. The purpose of this interview shall be to find if the applicant meets the requirement for good moral character established in KRS 309.358(1)(c). The interview shall be conducted pursuant to the board's authority under KRS 309.355(2), 309.362(1)(b), and 309.362(2) and in accordance with KRS 335B.010 to 335B.070.

(2) All applicants shall submit a recent fingerprint-supported background check performed by the Kentucky State Police and the Federal Bureau of Investigation. The required background check shall be applied for within the ninety (90) days preceding the date of submission of the application for licensure to the board.

Section 5. Appeals.An applicant may appeal the denial of his or her licensure application by requesting a hearing in accordance with KRS 309.362(2). In order to request a hearing, the applicant shall file a notice of appeal in writing within thirty (30) days of the date of the letter informing the applicant of the denial.

Section 6. Incorporation by Reference.

(1) The "Application for Licensure as a Massage Therapist", June 2021, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Professional Licensing, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. The board's Web site address is: https://bmt.ky.gov/.

201 KAR 42:035

30 Ky.R. 2417; Am. 31 Ky.R. 31 eff. 8-6-2004; 33 Ky.R. 1883; 2934; eff. 4-6-2007; 37 Ky.R. 1013; 1697; 1990; eff. 3-4-2011; 38 Ky.R. 93; eff. 11-4-2011; 39 Ky.R. 1936; 2152; eff. 5-31-2013; 40 Ky.R. 2202; 41 Ky.R. 441; eff. 10-3-2014; 42 Ky.R. 1590; 2053; eff. 2-5-2016; 48 Ky.R. 1246, 2578; eff. 7/5/2022.

STATUTORY AUTHORITY: KRS 309.355(1), (3)