201 KAR 36:030.
Continuing education requirements.
RELATES TO: KRS 335.535(8)
STATUTORY
AUTHORITY: KRS 335.515(3),(6), 335.535(8)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.515(3), (6) and 335.535(8) require
the board to promulgate an administrative regulation requiring a licensee to
complete continuing education requirements as a condition of renewal of his
licensee. This administrative regulation delineates the requirements for continuing
education and prescribes methods and standards for the accreditation of
continuing education courses.
Section 1. Definitions. (1) "Academic courses offered by an accredited
postsecondary institution" means:
(a) A professional
counseling course, designated by a professional counseling title or content; or
(b) An academic
course, relevant to professional counseling.
(2)
"Approved" means recognized by the Kentucky Board of Licensed
Professional Counselors.
(3)
"Continuing education hour" means fifty (50) clock minutes of
participating in continuing educational experiences.
(4) "Program" means an
organized learning experience:
(a) Planned and evaluated to meet
behavioral objectives; and
(b) Presented in one (1) session or a
series.
(5)
"Provider" means an organization approved by the Kentucky Board of
Licensed Professional Counselors for providing continuing education programs.
(6)
"Relevant" means having content applicable to the practice of
professional counseling as determined by the board.
Section 2. Accrual
of Continuing Education Hours. (1) A minimum of ten (10) continuing education
hours shall be accrued by each person holding a license during the annual
period for renewal.
(2) All continuing
education hours shall be in or related to the field of professional counseling.
Section 3. Methods
of Acquiring Continuing Education Hours. Continuing education hours applicable
to the renewal of the license shall be directly related to the professional
growth and development of the licensee's practice of professional counseling.
They may be earned by completing any of the following educational activities:
(1) Programs not
requiring board review and approval. An educational program from any of the
following providers shall be deemed to be relevant to the practice of
professional counseling and shall be approved without further review by the
board if it is:
(a) Sponsored or
approved by:
1. The American
Counseling Association, or any of its affiliated branches or divisions;
2. The Kentucky
Counseling Association, or any of its affiliated chapters or divisions;
3. The National
Association of Social Workers or any of its affiliated state chapters;
4. The American
Association of Marriage and Family Therapy or any of its affiliated state
chapters;
5. The American
School Counselor Association or any of its affiliated state chapters;
6. The American
Psychological Association, or any of its affiliated state chapters or
divisions;
7. The divisions of the
Department of Mental Health and Mental Retardation of the Kentucky Cabinet for
Health Services; or
8. The National Board for Certified
Counselors; or
(b) An
academic course offered by an accredited post-secondary institution directly
related to professional counseling or counseling psychology;
(2) Programs
requiring board review and approval. A program from any of the following
sources shall be reviewed and determined if it is relevant and therefore
subsequently approved by the board:
(a) A program,
including a home study course and in-service training provided by another
organization, educational institution, or service provider approved by the
board;
(b) A program or
academic course presented by the licensee. A presenter of relevant programs or
academic courses may earn full continuing education credit for each contact
hour of instruction, except the earned credit shall not exceed one-half (1/2)
of the continuing education renewal requirements. Credit shall not be issued
for repeated instruction of the same course; or
(c) Authoring an
article in a relevant, professionally recognized or juried publication. Credit
shall not be granted for an article unless it was published within the one (1)
year period immediately preceding the renewal date and a licensee shall not
earn more than one-half (1/2) of the continuing education hours required for
renewal. More than one (1) publication shall not be counted during a renewal
period.
(3) A general
education course, either elective or designated to meet degree requirements,
shall not be acceptable. Academic credit equivalency for continuing education
hours shall be based on one (1) credit hour equals fifteen (15) continuing
education hours.
Section 4.
Procedures for Approval of Continuing Education Programs. A course, which has
not been preapproved by the board, may be used for continuing education if
approval is secured from the board for the course. In order for the board to
adequately review these programs, the following information shall be submitted:
(1) A published
course or similar description;
(2) Names and
qualifications of the instructors;
(3) A copy of the
program agenda indicating hours of education, coffee and lunch breaks;
(4) Number of
continuing education hours requested;
(5) Official
certificate of completion or college transcript from the sponsoring agency or
college;
(6) Application to
the board for continuing education credits approval; and
(7) If a provider seeking approval for a
continuing education course, an application review fee of twenty (20) dollars.
Section 5.
Procedures for Preapproval of Continuing Education Sponsors and Programs. (1)
Sponsor approval. Any entity seeking to obtain approval:
(a) Of a continuing
education program prior to its offering shall apply to the board at least sixty
(60) days in advance of the commencement of the program, and shall provide the
information required in Section 4 of this administrative regulation on an
annual basis for each program.
(b) As a
prior-authorized continuing education provider under Section 3(1) of this
administrative regulation, shall satisfy the board that the entity seeking this
status:
1. Consistently
offers programs which meet or exceed all the requirements set forth in Section
2(2) of this administrative regulation; and
2. Does not exclude
a licensee from its programs.
(2) A continuing
education activity shall be qualified for approval if the board determines the
activity being presented:
(a) Is an organized
program of learning;
(b) Pertains to
subject matters, which integrally relate to the practice of professional
counseling;
(c) Contributes to
the professional competency of the licensee; and
(d) Is conducted by
individuals who have educational training or experience acceptable to the
board.
Section 6.
Responsibilities and Reporting Requirements of a Licensee. (1) During the licensure renewal
period, up to fifteen (15) percent of all licensees shall be selected at random
by the board and required to furnish documentation of the completion of the appropriate
number of continuing education hours. Verification of continuing education
hours shall not otherwise be reported to the board.
(2) A licensee shall:
(a) Be responsible for obtaining required
continuing education hours;
(b) Identify his own continuing education
needs and seek activities that meets those needs;
(c) Seek ways to integrate new knowledge,
skills and attitudes;
(d)1. Select approved activities by which
to earn continuing education hours; or
2. Submit to the board a request for
approval for continuing education activities not approved as required in
Section 3(2) of this administrative regulation;
(e) At the time of renewal, list the
continuing education hours obtained during that licensure renewal period;
(f) Document attendance, participation
in, and successful completion of continuing education activity for a period of
one (1) year from the date of the renewal; and
(g) Maintain records of continuing
education hours.
(3) The following items may be used to
document continuing education activity:
(a) Transcript;
(b) Certificate;
(c) Affidavit signed by the instructor;
or
(d) Receipt for the fee paid to the sponsor;
(4) Comply with the provisions of this
administrative regulation. Failure to comply shall constitute a violation of
KRS 335.540(1)(b) and shall result in sanctions in accordance with KRS
335.540(1).
(5) Documentation sent to the board prior
to renewal shall be returned to the licensee by regular mail.
Section 7.
Responsibilities and Reporting Requirements of Providers and Sponsors. (1) A
provider of continuing education not requiring board approval shall be
responsible for providing documentation, as established in Section 6(3) of this
administrative regulation, directly to the licensee.
(2) A sponsor of
continuing education requiring board approval shall be responsible for
submitting a course offering to the board for review and approval before
listing or advertising that offering as approved by the board.
Section 8. Board to Approve
Continuing Education Hours; Appeal of Denial. (1) If an application for
approval of continuing education hours is denied, in whole or part, the
licensee 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 9. 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 licensee;
(b) Illness of the licensee or an immediate family member; and
(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 person holding a license; and
(b) Accompanied by
a verifying document signed by a licensed physician.
(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 person holding a license shall reapply for the waiver or extension.
Section 10. Continuing
Education Requirements for Reinstatement or Reactivation of License. (1) A
person requesting reinstatement or reactivation of a license shall submit:
(a) Evidence of ten
(10) hours of continuing education within the twelve (12) month period immediately
preceding the date on which the request for reinstatement or reactivation is
submitted to the board; or
(b) Upon request by the
applicant, the board may permit the applicant to resume practice, with the
provision that he shall obtain the ten (10) hours continuing education within
three (3) months of the date on which the applicant is approved to resume
practice.
(2) The continuing
education hours received in compliance with this section shall be in addition
to the continuing education requirements established in Section 2 of this
administrative regulation and shall not be used to comply with the requirements
of that section. (25
Ky.R. 481; Am. 829; eff. 9-16-98; 29 Ky.R. 2510; 2868; eff. 6-16-03; 32 Ky.R.
2074; 33 Ky.R. 81; eff. 7-24-06.)
