STATEMENT OF EMERGENCY

201 KAR 35:075E

 

      This emergency regulation establishes the

standards for the accumulation of the required supervised work experience. This

emergency regulation is necessary because Kentucky is facing an epidemic of

alcohol and drug abuse, especially heroin. During the 2015 legislative session,

HB 92 was signed into the law, which took effect on June 24, 2015, that

expanded the credentials regulated by the Kentucky Board of Alcohol and Drug

Counselors and services that may be offered by qualified, credentialed

individuals. No administrative hearing can be held until the regulation is

promulgated. This emergency regulation shall be replaced by an ordinary

administrative regulation. The ordinary administrative regulation is identical

to this emergency administrative regulation.

 

STEVE BESHEAR, Governor

GEOFFREY WILSON, Chairperson

 

GENERAL GOVERNMENT

CABINET

Board of Alcohol and

Drug Counselors

(New Emergency Administrative

Regulation)

 

      201 KAR 35:075E. Substitution

for work experience for an applicant for certification as an alcohol and drug counselor.

 

      RELATES TO: KRS 309.083, 309.0831,

309.0832, 309.0833

      STATUTORY AUTHORITY: KRS 309.0813(1),

(3), (5),

309.083, 309.0831, 309.0832, 309.0833

      EFFECTIVE: August 25, 2015

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

309.0813(1) authorizes the board to promulgate administrative regulations for

the administration and enforcement of KRS 309.080 to 309.089. KRS 309.083, 309.0831,

309.0832, and 309.0833

establish the standards for the accumulation of the required supervised work

experience.

 

      Section 1. Substitution for

Work Experience for an Applicant for Certification as an Alcohol and Drug

Counselor. (1) An applicant may substitute, for part of the work experience, a

degree in a related field such as:

      (a) Addictions;

      (b) Counseling;

      (c) Psychology;

      (d) Psychiatric nursing; or

      (e) Social work.

      (2) Requests for substitution

shall be submitted to the board along with transcripts from an accredited

college or university.

      (3) Educational substitution shall be

reviewed and approved by the board based upon education relative to the

delivery of alcohol and other drug counseling.

      (a) A master’s degree or higher in a

related field, with a specialization in addictions or drug and alcohol

counseling, may be substituted for 4,000 hours of work experience.

      (b) A master’s degree or higher in a

related field may be substituted for 3,000 hours of work experience.

      (c) A bachelor’s degree in a related

field may be substituted for 2,000 hours of work experience.

      (d) A bachelor’s degree in an unrelated

field shall not qualify for a substitution of hours, and the applicant shall

provide proof of 6,000 hours of work experience as established in Section 3 of

this administrative regulation.

      (4) The hours of work experience shall be

documented on the candidate’s application for certification and shall contain

verification by the supervisor.

 

      Section 2. Incorporation by Reference.

(1) "KBADC Form 12, Workplace Experience Substitution Request", June

2015, is incorporated by reference.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Board of

Alcohol and Drug Counselors, 911 Leawood Drive, Frankfort, Kentucky 40601,

Monday through Friday, 8 a.m. to 4:30 p.m.

 

GEOFFREY WILSON, Board Chairperson

      APPROVED BY AGENCY: July 1. 2015

      FILED WITH LRC: August 25, 2015 at 3 p.m.

      CONTACT PERSON: Kelly Wells, Board

Administrator, Division of Occupations and Professions, 911 Leawood Drive,

Frankfort, Kentucky 40602, phone (502) 782-8814, fax

(502) 696-5898.

 

REGULATORY IMPACT

ANALYSIS AND TIERING STATEMENT

 

Contact person: Kelly Wells

      (1) Provide a brief summary of

      (a) What this administrative regulation

does: This administrative regulation establishes what is considered qualified

the work experience that may be substituted for actual alcohol and drug

counseling work experience required to be credentialed by the board.

      (b) The necessity of this administrative

regulation: The necessity of this regulation is to establish the work

experience required to be credentialed by the board.

      (c) How this administrative regulation

conforms to the content of the authorizing statutes: The regulation is in

conformity as the authorizing statute gives the board the ability to promulgate

regulations regarding the requirements for work experience required to be

credentialed by the board.

      (d) How this administrative regulation

currently assists or will assist in the effective administration of the

statutes: This regulation will assist an applicant and board to understand the

work experience required to be credentialed by the board.

      (2) If this is an amendment to an

existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this

existing administrative regulation: N/A

      (b) The necessity of the amendment to

this administrative regulation: N/A

      (c) How the amendment conforms to the

content of the authorizing statutes: N/A

      (d) How the amendment will assist in the

effective administration of the statutes: N/A

      (3) List the type and number of

individuals, businesses, organizations, or state and local governments affected

by this administrative regulation: The board is unable to determine the exact

number of persons who would be impacted by this regulation since the applications

vary from month to month. There are presently 859 Certified Alcohol and Drug

Counselors.

      (4) Provide an analysis of how the

entities identified in question (3) will be impacted by either

the implementation of this administrative

regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the

regulated entities identified in question (3) will have to take to comply with

this administrative regulation or amendment: A credential holder would have to satisfy

the required work experience as set out in the statute for each credential.

      (b) In complying with this administrative

regulation or amendment, how much will it cost each of the entities identified

in question (3): There are no new cost associated to the amendment related to

the administrative regulation.

      (c) As a result of compliance, what

benefits will accrue to the entities identified in question (3): A credential

holder has knowledge of the required work experience as set out in the statute

for each credential.

      (5) Provide an estimate of how much it

will cost to implement this administrative regulation:

      (a) Initially: No new costs will be

incurred by the changes.

      (b) On a continuing basis: No new costs

will be incurred by the changes.

      (6) What is the source of the funding to

be used for the implementation and enforcement of this administrative

regulation: The board’s operations are funded by fees paid by credential

holders and applicants.

      (7) Provide an assessment of whether an

increase in fees or funding will be necessary to implement this administrative

regulation, if new, or by the change if it is an amendment: There are no

increases in fees or funding is required to implement this administrative

regulation.

      (8) State whether or not this administrative

regulation establishes any fees or directly or indirectly increases any fees:

There are no new fees or fee increases associated with the amendments.

      (9) TIERING: Is tiering applied? Tiering

was not applied as the regulation is applicable to all credential holders. This

regulation does not distinguish between similarly situated individuals on the

basis of any factor.

 

FISCAL NOTE ON STATE OR

LOCAL GOVERNMENT

 

      1. What units, parts or divisions of

state or local government (including cities, counties, fire departments, or

school districts) will be impacted by this administrative regulation? Kentucky

Board of Alcohol and Drug Counselors.

      2. Identify each state or federal statute

or federal regulation that requires or authorizes the action taken by the

administrative regulation: KRS 309.0813(1), (3),

(5).

309.083, 309.0831, 309.0832, and 309.0833.

      3. Estimate the effect of this

administrative regulation on the expenditures and revenues of a state or local

government agency (including cities, counties, fire departments, or school

districts) for the first full year the administrative regulation is to be in

effect. None.

      (a) How much revenue will this

administrative regulation generate for the state or local government (including

cities, counties, fire departments, or school districts) for the first year?

None.

      (b) How much revenue will this

administrative regulation generate for the state or local government (including

cities, counties, fire departments, or school districts) for subsequent years? None.

      (c) How much will it cost to administer

this program for the first year? None

      (d) How much will it cost to administer

this program for subsequent years? None

      Note: If specific dollar estimates cannot

be determined, provide a brief narrative to explain the fiscal impact of the

administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: