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201 KAR 35:040. Continuing education requirements


Published: 2015

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      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 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 minimum

of sixty (60) continuing education hours shall be accrued by each person

holding certification during the three (3) year certification period for

renewal.

      (2) All 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 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 5 of this administrative regulation.

 

      Section 3. Methods of Acquiring Continuing Education Hours.

      (1) Continuing

education hours applicable to the renewal of the certificate shall be directly

related to the professional growth and development of a 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.

      (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 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 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 Addition Technology Transfer Center (ATTC); and

      (f) State or United State Regional Addiction Training Institute.

      (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

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 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 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 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 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 sixty (60) days in

advance of the commencement of the program, and shall provide the information required

in Section 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 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 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 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 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 7. Responsibilities and Reporting Requirements of Certificate

Holder; Audit. (1)(a)

During the certification renewal period, the board shall require up to fifteen

(15) percent of all certificate holders to furnish documentation 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 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 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 certification;

      (b) Suspension of

certification; or

      (c) Revocation of

certification.

 

      Section 8. Carry-over of Continuing Education Hours Prohibited.

Continuing education hours earned in excess of those required pursuant to

Section 2 of this administrative regulation shall not be carried over into the

immediately following certification renewal period.

 

      Section 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 certificate holder;

      (b) Illness of the

certificate holder or 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.

      (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 certificate

holder shall reapply for the waiver or extension.

 

      Section

11. Continuing Education Requirements for Reinstatement or Reactivation of

Certification. (1) A person requesting reinstatement of certification 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.

      2.

Failure to obtain sixty (60) hours within six (6) months shall result in

termination of certification.

      (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.

 

      Section

12. Incorporation by Reference. (1) The following material is incorporated by

reference:

      (a)

"Continuing Sponsor Application Form" (2008).

      (b)

"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. (25 Ky.R. 949; Am. 2131; eff. 3-17-99; 35 Ky.R. 320; 784; eff.

10-15-2008.)