201 KAR 35:080. Voluntary inactive status

Link to law: http://www.lrc.ky.gov/kar/201/035/080reg.htm
Published: 2015

GENERAL

GOVERNMENT CABINET

Board of Alcohol and

Drug Counselors

(Amendment)

 

      201

KAR 35:080. Voluntary inactive status.

 

      RELATES

TO: KRS 309.0813(12)

      STATUTORY

AUTHORITY: KRS 309.0813(1), (3)

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 309.0813(1) requires the board to promulgate

administrative regulations for the administration and enforcement of KRS

309.080 to 309.089. KRS 309.0813(3) requires the board to approve or disapprove

those persons who shall be registered, certified, or licensed.

This administrative regulation allows credential holders to place their credential[certificate]

in voluntary inactive status for a period of time if they do not intend to

actively practice alcohol and drug counseling or alcohol and drug peer

support services in the Commonwealth of Kentucky.

 

      Section

1. Conditions for Application for Voluntary Inactive Status. (1) Voluntary

inactive status shall be for the credential holder who is currently not working

as a peer support specialist or an alcohol and drug counselor, yet plans

to return to providing peer support services or alcohol and drug

counseling.

      (2)

The Kentucky Board[of Certification] of Alcohol and Drug Counselors

shall grant inactive status if one (1) or more of the following conditions

apply:

      (a)

Medical problems;

      (b)

Maternity or paternity;

      (c)

Education;

      (d)

Military service; or

      (e)

Family or personal issues.

 

      Section

2. Instructions for Application for Voluntary Inactive Status. (1) Credential

holders desiring inactive status shall send a letter of request to the office

of the Kentucky Board[of Certification] of Alcohol and Drug Counselors

and include the following information:

      (a)

Current home address and telephone number;

      (b)

Reason for request;

      (c)

Final date of employment in the alcohol and drug field;

      (d)

Anticipated date of return to employment in the alcohol and drug field; and

      (e)

Nonrefundable enrollment fee as established in 201 KAR 35:020, Section 7.

      (2)

The request for voluntary inactive status shall be placed on the agenda of the

next regularly-scheduled meeting of the Kentucky Board[of Certification]

of Alcohol and Drug Counselors for consideration.

      (3)

The applicant shall be notified of the board’s decision not later than two (2)

weeks after the board’s meeting.

 

      Section

3. Terms and Responsibilities. (1) While on voluntary inactive status, an

individual shall continue to receive bulletins, newsletters, and other

communications from the Kentucky Board[of Certification] of Alcohol and

Drug Counselors.

      (2)

A counselor on voluntary inactive status shall not use the initials of a[certified]

counselor (e.g. CADC, LCADCA, or LCADC).

      (3)

A peer support specialist on voluntary inactive status shall not practice or

use the initials of a registered peer support specialist (e.g. RPSS).

      (4)

Individuals on voluntary inactive status shall not be eligible for reciprocity.

      (5)[(4)]

Individuals on voluntary inactive status shall subscribe to any of the

applicable aspects of the Kentucky Code of Ethics as established in 201 KAR

35:030.

      (6)[(5)]

The voluntarily inactive individual shall[immediately] notify the Kentucky

Board[of Certification] of Alcohol and Drug Counselors prior to[upon]

returning to work in the alcohol and drug field and pay the reactivation fee

established in 201 KAR 35:020, Section 7.

      (7)[(6)]

Failure to notify the board prior to[within thirty (30) days of]

returning to such employment shall constitute a violation of the Kentucky Board[of

Certification] of Alcohol and Drug Counselors Code of Ethics, incorporated

by reference in 201 KAR 35:040, and will result in referral to the board for

investigation, in accordance with the procedures outlined in the Code of Ethics

and in these administrative regulations.

 

      Section

4. Reactivation. (1) Individuals requesting reactivation of their registration,

certification, or licensure status shall send a letter of request to the

office of the Kentucky Board[of Certification] of Alcohol and Drug

Counselors and shall include the following:

      (a)

Current home address;

      (b)

Current e-mail address;

      (c)

Description of change of circumstances allowing active participation in the

field;

      (d)[(c)]

Address of employing agency, if applicable;

      (e)[(d)]

Submission of proof of attendance of continuing education as required by 201

KAR 35:040; and

      (f)[(e)]

Nonrefundable reactivation fee as established in 201 KAR 35:020, Section 8(3).

      (2)(a)

A request for reactivation shall be considered at the next regularly scheduled

meeting of the Kentucky Board [of Certification] of Alcohol and Drug

Counselors.

      (b)

The applicant shall be notified within two (2) weeks of the board’s decision.

 

GEOFFREY

WILSON,

Board Chairperson

      APPROVED

BY AGENCY: June 29, 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 procedure for a credential holder who voluntarily places

oneself on inactive status.

      (b)

The necessity of this administrative regulation: The necessity of this

regulation is to establish procedure for the board to be aware of the

credential holders who voluntarily places oneself on inactive status.

      (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 inactive

status.

      (d)

How this administrative regulation currently assists or will assist in the

effective administration of the statutes: This regulation will assist in board

having knowledge of credential holders who are not currently practicing.

      (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 expand the credential holders who may voluntarily place oneself on

inactive status and requires the credential holder to notify the board prior to

returning to the practice of alcohol and drug counseling or peer support.

      (b)

The necessity of the amendment to this administrative regulation: The

amendments are necessary to establish a process for the new credentials

regulated 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 establishment of fees.

      (d)

How the amendment will assist in the effective administration of the statutes: This

amendment will assist in board having knowledge of credential holders who are

not currently practicing.

      (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 must notify the board prior to returning to the practice of

alcohol and drug counseling or peer support.

      (b)

In complying with this administrative regulation or amendment, how much will it

cost each of the entities identified in question (3): There are no new cost

associated to the amendment related to the amendment of this administrative

regulation.

      (c)

As a result of compliance, what benefits will accrue to the entities identified

in question (3): The credential holders have the liberty to place oneself on

inactive status and return to work when desired with approval of 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), (3).

      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:
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