201 Ky. Admin. Regs. 34:070

Current through Register Vol. 51, No. 5, November 1, 2024

Section 201 KAR 34:070 - Inactive status

RELATES TO: KRS 309.1315(17)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.1315(1) requires the board to promulgate administrative regulations necessary to carry out the provisions of KRS 309.130 to 309.1399. KRS 335.1315(17) requires the board to establish conditions for inactive status and return to active status for license holders. This administrative regulation establishes the conditions for inactive status and return to active status for license holders.

Section 1. Request for Inactive Status.

(1) A licensee may request that the licensee's license be placed on inactive licensure status by submitting to the board a written request for the licensee's license to be placed on inactive status.

(2) If the board grants the request for inactive status, the board shall notify the licensee that the licensee is relieved of the licensee's obligation to pay the license renewal fee established in 201 KAR 34:020 for the licensee's license level.

(3) If the request for inactive status is denied, the licensee shall have thirty (30) days from the date of the denial to pay the renewal fee.

Section 2. Inactive Status.

(1) While on inactive status, the licensee shall meet the requirements for continuing education as established in 201 KAR 34:030.

(2) The licensee may remain on inactive status for two (2) years, unless an extension of time is granted under Section 3 of this administrative regulation.

(3) The two (2) year period of inactive status shall begin when the board notifies the licensee that it has granted the request for inactive status.

Section 3. Extension of Inactive Status.

(1) A licensee whose license is on inactive status may request one extension, not to exceed two (2) years, of the inactive-license status for an undue hardship or an extenuating circumstance, such as a prolonged illness, loss of a job, or an inability to competently engage in the practice of professional art therapy.

(2) The licensee shall submit to the board:

(a) A written request to continue the license on inactive status;

(b) An explanation of the undue hardship or extenuating circumstance; and

(c) A copy of continuing education certificates of completion or attendance, awarded to the licensee during the period of inactive status, to show proof of continuing education requirements for renewal as established in 201 KAR 34:030.

(3) The extension request shall be received by the board no sooner than ninety (90) days and no later than sixty (60) days before the end of the two (2) year period of inactive status.

(4) If the appropriate paperwork is received timely, a two (2) year extension shall be automatically granted.

(5) If the extension is denied, the licensee shall have thirty (30) days to resubmit the request.

Section 4. License Expiration. If the licensee does not submit a request for extension of the inactive-license status or the licensee fails to reactivate the licensee's license before the license expiration date, the license shall expire.

Section 5. Return to Active-License Status.

(1) At any time within the two (2) year period of being granted inactive-licensure status, a licensee may request the licensee's license be returned to active status by submitting to the board:

(a) A written request to the board to return the licensee's license to active status;

(b) Payment of the current license renewal fee as set forth in 201 KAR 34:020; and

(c) A copy of continuing education certificates of completion or attendance, awarded to the licensee during the period of inactive status, to show proof of continuing education requirements for renewal as established in 201 KAR 34:030.

(2) The board will notify the licensee in writing that his or her license is reactivated and will be effective upon the date listed in the written correspondence.

Section 6. Renewal of Expired License. Following expiration of a license under Section 4 of this administrative regulation, a licensee who desires to practice professional art therapy in Kentucky shall:

(1) File with the board the appropriate application for licensure under 201 KAR 34:025;

(2) Pay the initial fees for application and licensure under 201 KAR 34:020; and

(3) Meet current requirements for initial licensure, as established by KRS Chapter 309 and 201 KAR Chapter 34.

Section 7. This administration regulation shall not apply to a licensed professional art therapist or a licensed professional art therapist associate, who under KRS 309.1335(4), enters into retirement status or wishes to resume practice after a period of retirement.

201 KAR 34:070

47 Ky.R. 2497; 48 Ky.R. 1527; eff. 2-1-2022.

STATUTORY AUTHORITY: KRS 309.1315(1), (17)