RELATES TO:

KRS 314A.110(6), 314A.115

STATUTORY AUTHORITY:

KRS 314A.115, 314A.205(3)

CERTIFICATION STATEMENT:

This is to certify that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8, because the amendments to this administrative regulation will not have a major economic impact.

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 314A.205(3) requires the board to promulgate administrative regulations to carry out the provisions of KRS Chapter 314A. KRS 314A.115 requires the submission of proof of continuing education in order to renew certification as prescribed by the board in administrative regulations. KRS 314A.110(6) requires applicants seeking reinstatement to comply with continuing education requirements. This administrative regulation delineates the continuing education requirements for mandatory certificate holders on inactive status, as well as the circumstances under which waivers or extensions for the requirements may be granted, and continuing education to be completed to transition to active status.

1. Section 1.

   1. (1) The board may, in individual cases involving medical disability, illness, or military duty, grant waivers of the minimum continuing education requirements or extensions of time within which to fulfill the requirements or make the required reports.

   2. (2) A written request for waiver or extension of time shall be:

      1. (a) Submitted by the person holding mandatory certification on or before the renewal deadline; and

      2. (b) Accompanied by:

         1. 1. A verifying document signed by a licensed physician; or
         2. 2. A copy of orders for military deployment.
   3. (3) A waiver of the minimum continuing education requirements or an extension of time within which to fulfill the requirements may be granted by the board for a period of time not to exceed one (1) calendar year.
   4. (4) If the medical disability, illness, or military duty upon which a waiver or extension has been granted continues beyond the period of the waiver or extension, the person holding mandatory certification shall reapply.

2. Section 2.

   1. (1) Continuing educational requirements shall be waived for a certificate holder on inactive, suspended, or revoked status during the period they remain inactive, suspended, or revoked.

   2. (2) If a certificate holder applies to the board to return to active status, or for reinstatement, they shall submit proof that they have completed:

      1. (a) Twenty-four (24) continuing education units within the twenty-four (24) month period immediately preceding the date on which the Application for Reactivation or Application for Reinstatement, as incorporated by reference in 201 KAR 29:015, is submitted; and
      2. (b) At least one (1) hour of which shall be in or relevant to ethics in the field of respiratory care.
   3. (3) The certificate holder who seeks to transition from inactive to active status may request that they be allowed to return to active status immediately, with the provision that they shall complete the twenty-four (24) continuing education units referenced in subsection (2)(a) and (b) of this section within six (6) months of the date on which they return to active status.
   4. (4) The certificate holder shall also be responsible for meeting the requirements of 201 KAR 29:050 in order to properly qualify for renewal of their certification in the next renewal period.
   5. (5) Certificate holders who seek to transition from revoked or suspended status shall complete the required continuing education units referenced in subsection 2(a) and (b) of this section prior to applying for reinstatement.

History

(201 KAR 029:060. 19 Ky.R. 839; Am. 1073; eff. 11-9-92; 27 Ky.R. 3137; eff. 7-16-2001; 29 Ky.R. 510; eff. 10-16-2002; Crt eff. 12-6-2019; 52 Ky.R. 476, 961; eff. 1-22-2026.)

FILED WITH LRC: November 10, 2025

CONTACT PERSON: Morgan G. Ransdell, Board Attorney, Kentucky Board of Respiratory Care, 1714 Perryville Rd, Suite 200, Danville, Kentucky 40422; phone (502) 665-9600, email Morgan.Ransdell@ky.gov.