GENERAL
GOVERNMENT CABINET
Board of Alcohol and
Drug Counselors
(Amendment)
201
KAR 35:040. Continuing education requirements.
RELATES
TO: KRS 309.085(1)(b)
STATUTORY
AUTHORITY: KRS 309.0813(2)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 309.085(1)(b) authorizes the board to require
a credential holder[promulgate an administrative regulation requiring certified
alcohol and drug counselors] to complete continuing education requirements
as a condition of renewal[of certification]. This administrative regulation
establishes the requirements for continuing education and prescribes methods
and standards for the accreditation of continuing education courses.
Section
1.[Definitions. (1) "Academic course" means a course offered by an
accredited postsecondary institution beyond the undergraduate level, that is:
(a)
An alcohol and drug counseling course, designated by title or content; or
(b)
An academic course, relevant to alcohol and drug counseling.
(2)
"Approved" means recognized by the Kentucky Board of Certification of
Certified Alcohol and Drug Counselors.
(3)
"Continuing education hour" means fifty (50) clock minutes of
participating in a continuing educational experience.
(4)
"Program" means an organized learning experience:
(a)
Planned and evaluated to meet behavioral objectives; and
(b)
Presented in one (1) session or in a series.
(5)
"Provider" means an organization approved by the Kentucky Board of
Certification for Certified Alcohol and Drug Counselors for providing
continuing education programs.
(6)
"Relevant" means having content applicable to the practice of alcohol
and drug counseling in accordance with the requirements of Section 4(2) of this
administrative regulation.
Section
2.] Basic Continuing Education Requirements. (1)(a) A minimum of ten
(10) continuing education hours each year shall be accrued by each person
holding a registration as an alcohol and drug peer support specialist.
(b)
A minimum of sixty (60) continuing education hours shall be accrued by each
person holding a certificate as a certified alcohol and drug counselor[certification]
during the three (3) year certification period for renewal with at least
three (3) continuing education hours being on ethics.
(c)
A minimum of sixty (60) continuing education hours shall be accrued by each
person holding a license as a licensed clinical alcohol and drug counselor during
the three (3) year licensure period for renewal with at least three (3)
continuing education hours being on ethics.
(d)
A minimum of twenty (20) continuing education hours each year shall be accrued
by each person holding a license as a licensed clinical alcohol and drug
counselor associate. A licensed clinical alcohol and drug counselor associate
shall obtain at least three (3) continuing education hours in ethics during the
renewal cycle.
(2)
All continuing education hours shall be relevant to the field of alcohol
and drug counseling.
(3)[All
continuing education activities approved by the board shall be accepted toward
the continuing education requirements for renewal of a certificate.] A credential[certificate]
holder shall determine prior to attending a specific continuing education
program that the program:
(a)
Has been approved by the board; or
(b)
Is offered or sponsored by an organization approved by the board to provide
continuing education programs.
(4)
If the specific continuing education program is not pre-approved as established
in subsection (3) of this section, the certificate holder may apply for board
approval by providing the information required by Section 4[5] of
this administrative regulation.
(5)
A credential holder shall complete a minimum of six (6) hours of continuing
education in suicide assessment, treatment, and management as required by KRS
210.366. The suicide assessment, treatment, and management continuing education
course shall be approved by the
board, be provided by an entity identified in Section 2(3) of this
administrative regulation, or be approved by one (1) of the following boards:
(a)
Kentucky Board of Social Work;
(b)
Kentucky Board of Licensure of Marriage and Family Therapists;
(c)
Kentucky Board of Licensed Professional Counselors;
(d)
Kentucky Board of Licensure for Pastoral Counselors;
(e)
Kentucky Board of Examiners of Psychology; or
(f)
Kentucky Board of Licensure for Occupational Therapy.
Section
2.[3.] Methods of Acquiring Continuing Education Hours.
(1)
Continuing education hours applicable to the renewal of the credential[certificate]
shall be directly related to the professional growth and development of a credential
holder[certified alcohol and drug counselor].
(2)
Continuing education hours may be earned by:
(a)
Attending a continuing education program that has prior approval by the board;
(b)
The completion of appropriate academic coursework; or
(c)
Other alternative methods approved by the board in accordance with subsection
(5) of this section.
(d)
The required continuing education hours for a credential holder shall be not
less than fifty (50) percent face to face of the required continuing education
hours.
(3)
Attendance at continuing education programs automatically approved by the
board. A program provided, approved, or sponsored by any of the following
providers and that is relevant to the practice of alcohol and drug counseling
shall be deemed to be approved without further review by the board and shall
be[and] exempt from the program fee established in 201 KAR 35:020,
Section 9:
(a)
The National Association of Addiction Professionals (NAADAC) and its[it's]
member boards;
(b)
The International Certification and Reciprocity Consortium (ICRC);
(c)
The Kentucky Cabinet for Health and Family Services, Division of Mental Health
and Substance Abuse and its subcontractors;
(d)
The Kentucky School of Alcohol and Drug Studies;
(e)
An Addiction[Addition] Technology Transfer Center (ATTC);[and]
(f)
State or United State Regional Addiction Training Institute; or
(g)
Clinical Applications of the Principles on Treatment of Addictions and
Substance Abuse (CAPTASA).
(4)(a)
Academic coursework. An academic course, as defined in Section 1(1) of this
administrative regulation, shall not require board review or approval.
(b)
A general education course, or elective designated to meet academic[undergraduate]
degree requirements, shall be acceptable for continuing education credit if it
is relevant to the practice of alcohol and drug counseling.
(c)
Academic credit equivalency for continuing education hours shall be based on
one (1) credit hour equaling fifteen (15) continuing education hours.
(5)
Alternative methods for obtaining continuing education hours; programs
requiring board review and approval. A program from any of the following
sources shall be reviewed by the board to determine whether or not the program
complies with the requirements of Section 3(2)[4(2)] of this
administrative regulation:
(a)
A program, including a home study course and in-service training provided by an
organization or education institution not listed in subsection (3) of this
section;
(b)
A program or academic course presented by the credential[certificate]
holder.
1.
A presenter of a relevant program or academic course shall earn two (2)
continuing education hours for each contact hour of instruction.
2.
Credit shall not be issued for repeated instruction of the same course;
(c)1.
A relevant publication in a professionally recognized or juried publication
authored by the credential[certificate] holder.
2.
Continuing education hours shall be granted for relevant publications as
follows:
a.
Five (5) continuing education hours for each published abstract or book review
in a refereed journal;
b.
Ten (10) continuing education hours for each book chapter or monograph;
c.
Fifteen (15) continuing education hours for each published article in a refereed
journal; and
d.
Twenty (20) continuing education hours for each published book.
Section
3.[4.] Procedures for Preapproval of Continuing Education
Programs. (1) An applicant seeking to obtain approval of a continuing education
program prior to its offering shall apply to the board at least thirty (30)[sixty
(60)] days in advance of the commencement of the program, and shall provide
the information required in Section 4[5] of this administrative
regulation.
(2)
A continuing education activity shall be qualified for approval if the
activity:
(a)
Is an organized program of learning;
(b)
Pertains to subject matter relating to alcohol and drug counseling;
(c)
Enhances the professional competence of the credential[certificate]
holder by:
1.
Refreshing knowledge and skills; or
2.
Educating on a new topic or subject; and
(d)
Is conducted by a competent instructor, as documented by appropriate academic
training, professional licensures or certification, or professionally
recognized experience.
(3)(a)
The board may monitor or review a continuing education program approved by the
board.
(b)
Upon evidence of significant variation in the program presented from the
program approved, the board shall withdraw approval of the hours granted to the
program.
Section
4.[5.] Subsequent Approval of Continuing Education Programs. (1)
A course that has not been preapproved by the board may be used for continuing
education if approval is secured from the board.
(2)
The following information shall be submitted for board review of a program:
(a)
A published course or seminar description;
(b)
The name and qualifications of the instructor;
(c)
A copy of the program agenda indicating hours of education;
(d)
Number of continuing education hours requested;
(e)
Official certificate of completion or college transcript from the sponsoring
agency or college; and
(f)
Application for continuing education credits approval.
Section
5.[6.] Application for Approved Sponsor. (1) A company,
individual, or association that wishes to be designated as an approved sponsor
of continuing education shall complete a Continuing Education Sponsor
Application incorporated by reference in 201 KAR 35:020[shall], and pay
the provider fee established in 201 KAR 35:020, Section 9.
(2)
An approved sponsor of continuing education shall be allowed to advertise the
program as pre-approved to meet the continuing education requirements for credential[certification]
renewal.
(3)(a)
Approval shall be for one (1) year from date of approval unless substantial
course changes occur.
(b)
For purposes of this section, a substantial course change shall be a change in
the curriculum in excess of twenty (20) percent.
Section
6[7]. Responsibilities and Reporting Requirements of Credential[Certificate]
Holder; Audit. (1)(a) During the[certification] renewal period, the
board shall review at least[require up to] fifteen (15) percent
of all credential holders’[certificate holders to furnish]
documentation supporting[of] the completion of the appropriate
number of continuing education hours through a random audit process.
(b)
Copies of supporting documentation submitted to the board shall be shredded and
shall not be returned to the certificate holder upon completion of the audit
process.
(c)
Verification of continuing education hours shall not otherwise be reported to
the board.
(2)
A credential[certificate] holder shall:
(a)
Be responsible for obtaining the required continuing education hours;
(b)
Identify personal continuing education needs and seek activities that meets
those needs;
(c)
Seek ways to integrate new knowledge, skills, and activities;
(d)
Select approved activities by which to earn continuing education hours;
(e)
Submit to the board, if applicable, a request for approval for continuing
education activities not approved as established in Section 2(4)[3(4)]
of this administrative regulation;
(f)
Document attendance, participation in, and successful completion of continuing
education activity; and
(g)
Maintain records of continuing education hours for five (5) years from the date
of the offering of the continuing education activity.
(3)
The following items may be used to document continuing education activity:
(a)
Transcript;
(b)
Certificate;
(c)
Affidavit signed by the instructor;
(d)
Receipt for the fee paid to the sponsor; or
(e)
Written summary of experiences that are not formally or officially documented
otherwise.
(4)
Failure to comply with this administrative regulation shall constitute a
violation of KRS 309.085(1)(b) and shall result in board:
(a)
Refusal to renew credential[certification];
(b)
Suspension of credential[certification]; or
(c)
Revocation of credential[certification].
Section
7.[8.] Carry-over of Continuing Education Hours Prohibited.
Continuing education hours earned in excess of those required pursuant to
Section 1[2] of this administrative regulation shall not be
carried forward[over into the immediately following certification renewal
period].
Section
8.[9. Appeal of Denial of Continuing Education Hours by the Board.
(1) If an application for approval of continuing education hours is denied, the
certificate holder shall have the right to appeal the board's decision.
(2)
An appeal shall be:
(a)
In writing;
(b)
Received by the board within thirty (30) days after the date of the decision
denying approval of continuing education hours; and
(c)
Conducted in accordance with KRS Chapter 13B.
Section
10.] Waiver or Extensions of Continuing Education. (1) On application, the
board may grant a waiver of the continuing education requirements or an
extension of time within which to fulfill the requirements in the following
cases:
(a)
Medical disability of the credential[certificate] holder;
(b)
Illness of the credential[certificate] holder or of an
immediate family member; or
(c)
Death or serious injury of an immediate family member.
(2)
A written request for waiver or extension of time involving medical disability
or illness shall be:
(a)
Submitted by the certificate holder; and
(b)
Accompanied by a verifying document signed by a licensed physician or an
advanced practice registered nurse.
(3)
A waiver of or extension of time within which to fulfill the minimum continuing
education requirements shall not exceed one (1) year.
(4)
If the medical disability or illness upon which a waiver or extension has been
granted continues beyond the period of the waiver or extension, the credential[certificate]
holder shall reapply for the waiver or extension.
Section
9.[11.] Continuing Education Requirements for Reinstatement or
Reactivation of a Credential[Certification]. (1) A person
requesting reinstatement of certification or licensure shall:
(a)
Submit evidence of receiving sixty (60) hours of continuing education within
the three (3) year period immediately preceding the date that reinstatement is
requested; or
(b)1.
Obtain sixty (60) hours of continuing education within six (6) months of reinstatement
of certification or licensure.
2.
Failure to obtain sixty (60) hours within six (6) months shall result in
termination of certification or licensure.
(2)
A person requesting reinstatement of a registration shall:
(a)
Submit evidence of receiving thirty (30) hours of continuing education within
the three (3) year period immediately preceding the date that reinstatement is
requested; or
(b)1.
Obtain ten (10) hours of continuing education within six (6) months of
reinstatement of registration.
2.
Failure to obtain ten (10) hours within six (6) months shall result in
termination of registration.
(3)
The
continuing education hours received in compliance with this section shall be in
addition to the continuing education requirements established in Section 1[2]
of this administrative regulation and shall not be used to comply with the
requirements of that section.
Section
10.[12.] Incorporation by Reference. (1) The following material
is incorporated by reference:
(a)
"Continuing Sponsor Application Form", [(]2008;[).]
(b)
"KBADC Form 18, Continuing Education Program Application", June
2015["Continuing Education Program Application Form" (200)].
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Kentucky Board of[Certification of] Alcohol and
Drug Counselors, 911 Leawood Drive, Frankfort, Kentucky, telephone (502)
564-3296 ext. 222, Monday through Friday, 8:30 a.m. to 5:00 p.m.
GEOFFREY
WILSON,
Board Chairperson
APPROVED
BY AGENCY: July 1, 2015
FILED
WITH LRC: August 25, 2015 at 3 p.m.
PUBLIC
HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative
regulation shall be held on October 26, 2015, at 10:00 a.m. at Division of
Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky. Individuals
interested in being heard at this hearing shall notify this agency in writing
no later than five business days prior to the hearing, of their intent to
attend. If no notification of intent to attend the hearing is received by that
date, the hearing may be canceled. This hearing is open to the public. Any
person who wishes to be heard will be given an opportunity to comment on the proposed
administrative regulation. A transcript of the public hearing will not be made
unless a written request for a transcript is made. If you do not wish to be
heard at the public hearing, you may submit written comments on the proposed
administrative regulation. Written comments shall be accepted until close of
business on November 2, 2015. Send written notification of intent
to attend the public hearing or submit written comments on the proposed
administrative regulation to:
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 the continuing education requirements for a credential holder.
(b)
The necessity of this administrative regulation: The necessity of this
regulation is to establish a continuing education requirement for a credential
holder to maintain competency in the practice.
(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 continuing education
requirement for a credential holder.
(d)
How this administrative regulation currently assists or will assist in the
effective administration of the statutes: This regulation will assist in
establishing the continuing education requirements of a credential holder and
protect the public seeking alcohol and drug related services.
(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: The
amendments will hold the new credentials established through the legislation
enacted during the 2015 legislative session and the suicide continuing
education requirement enacted in 2013.
(b)
The necessity of the amendment to this administrative regulation: The
amendments are necessary to establish a continuing education requirement for a
credential holder with a registration or license issued by the board.
(c)
How the amendment 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 continuing education
requirement for a credential holder.
(d)
How the amendment will assist in the effective administration of the statutes: The
amendment will assist in establishing a continuing education requirement for
all credential holders.
(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 will be required to comply with the continuing education
requirement or be subject to possible disciplinary action.
(b)
In complying with this administrative regulation or amendment, how much will it
cost each of the entities identified in question (3): The only new cost
associated to the amendment relates to the new created continuing education
requirements for the new registrants and licensees.
(c)
As a result of compliance, what benefits will accrue to the entities identified
in question (3): The credential holders will know the continuing education
requirements expected of them by the board.
(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) and (2).
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: