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Certificate of Need (CON) Clarifications


Recent events in the state have led to meetings asking for clarification on the Certificate of Need (CON) process.  As a result, the following is an explanation of current CON requirements:


1) If a physical therapy practice is owned by a PT, employing only PTs and PTAs (no other licensed personnel) – they are exempt from CON.

2) A PT owned (or OT owned or ST owned) practice, employing a variety of personnel with various licenses, needs to go through CON process. 

3) A multi-disciplinary practice with representation in the ownership structure of all types of licensed employees (eg: PT/ST practice co-owned by a PT and SLP), they are exempt from CON.

4) Any agency seeking licensure as a rehab agency requires a CON.

If you need further clarification, you may contact Michele Bushong in the Kentucky Office of Health Policy at 502-564-9592 or


Helpful Documents


Click here for the Certificate of Need packet provided by the CON office. The packet contains: 

Page 1: Summary of CON exemptions for private office/clinics. 
Page 2: CON approval for Rehab Agencies.  
Page 3: KRS for the CON exemption section . 
Page 4: CON application process for Rehab Agencies. 
Pages 5 & 6: The official “Request for Advisory Opinion” from the CON office, used to determine if the CON office believes the applicant needs to apply for a CON. 


Click here for "Rehabilitation Agencies: Initial Licensure & Certification Process."

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