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.)