GENERAL GOVERNMENT
CABINET
Board of Alcohol and
Drug Counselors
(New Administrative
Regulation)
201 KAR 35:055. Temporary Registration
or Certification.
RELATES TO: KRS 309.083, 309.0831
STATUTORY AUTHORITY: KRS 309.0813(1), (5),
309.083, 309.0831
NECESSITY, FUNCTION, AND CONFORMITY: KRS
309.0813(1) and (5) authorize the board to promulgate administrative
regulations establishing the requirements for an applicant for temporary
credentials. This administrative regulation establishes the requirements for
temporary credentials.
Section 1. Application for
Temporary Registration. (1) An application for a credential to perform
functions as a drug and alcohol peer support specialist may be submitted after
the requirements established in KRS 309.0831(1), (2), (6), (7), and (10) are
met.
(2) The application required
by subsection (1) of this section shall be made by submitting a completed application
for temporary registration. The application shall:
(a) Include a certification
by the applicant that the:
1. Information in the
application is true, correct, and complete to the best of his or her knowledge
and belief; and
2. Applicant is aware that
the board may take disciplinary action if the application contains a
misrepresentation or falsification; and
(b) Be accompanied by:
1. A check or money order
payable to the Kentucky State Treasurer for the application fee as required by
201 KAR 35:020, Section 1(1);
2. Proof of a high school diploma or equivalent;
3. A signed agreement to abide by the standards of practice
and code of ethics approved by the board;
4. An attestation to being
in recovery for a minimum of two (2) years from a substance-related disorder;
and
5. A supervision agreement
signed by the applicant and the applicant’s supervisor.
Section 2. Application for
Temporary Certification. (1) An application for a credential to perform
functions as a certified drug and alcohol counselor may be submitted after the
requirements established in KRS 309.083(1), (2), (6), (7), and (10) are met.
(2) The application required
by subsection (1) of this section shall be made by submitting a completed
application for temporary registration. The application shall:
(a) Include a certification
by the applicant that the:
1. Information in the
application is true, correct, and complete to the best of his or her knowledge
and belief; and
2. Applicant is aware that
the board may take disciplinary action if the application contains a
misrepresentation or falsification; and
(b) Be accompanied by:
1. A check or money order
payable to the Kentucky State Treasurer for the application fee as required by
201 KAR 35:020, Section 1(1);
2. An official transcript
for all levels of education required for certification;
3. A signed agreement to abide by the standards of practice
and code of ethics approved by the board; and
4. A supervision agreement
signed by the applicant and the applicant’s supervisor.
Section 3. Period of Temporary
Credential. (1) The period of a temporary credential shall be terminated upon the passage of two (2)
years from issuance.
(2) Under exceptional
circumstances and upon written request cosigned by the board approved
supervisor, the board may approve an extension of the period of a temporary credential for no more than two (2) years.
(3) The board shall grant no more than
two (2) extensions of the period of a temporary
credential.
Section 4. Incorporation by Reference.
(1) "KBADC Form 2, Attestation of Recovery", 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 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 application process for an
individual to obtain a temporary registration or certification.
(b) The necessity of this administrative
regulation: The necessity of this regulation is provide the board with
regulatory control of those individuals who are engaged in peer support
services or alcohol and drug counseling prior to full credentialing.
(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 obtaining a temporary registration
or certification.
(d) How this administrative regulation
currently assists or will assist in the effective administration of the
statutes: This regulation establishes the application process for an individual
to obtain a temporary registration or certification and provide the board with
the discipline option when necessary..
(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: An individual can obtain a
credential during the period the applicant is fulfilling the supervision
requirement and course work requirements.
(b) In complying with this administrative
regulation or amendment, how much will it cost each of the entities identified
in question (3): The applicant will have to pay a fee for the temporary
credential.
(c) As a result of compliance, what
benefits will accrue to the entities identified in question (3): An individual
has a credential during the period the applicant is fulfilling the supervision
requirement and course work requirements.
(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: The only new fee is the application fee for a temporary
registration in the amount of fifty (50) dollars.
(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
(5), 309.083, 309.0831.
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. The board cannot determine an exact dollar amount it will be spent or
revenue raised as a result of this administrative regulation since it is
impossible for the board to calculate how many peer support specialists will
submit an application.
(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? The
board cannot determine an exact dollar amount it will be spent or revenue
raised as a result of this administrative regulation since it is impossible for
the board to calculate how many peer support specialists will submit an
application.
(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? The
board cannot determine an exact dollar amount it will be spent or revenue
raised as a result of this administrative regulation since it is impossible for
the board to calculate how many peer support specialists will submit an
application.
(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 (+/-): Expenditures will be
decreased because the board will not have to pay for the initiation of a KRS
13B administrative hearing process when unwanted by the credential holder.
Other Explanation:
