201 KAR 35:055E. Temporary Registration or Certification

Link to law: http://www.lrc.ky.gov/kar/201/035/055E.htm
Published: 2015

STATEMENT OF EMERGENCY

201 KAR 35:055E

 

      This emergency regulation establishes the

requirements for temporary credentials for a person to become registered as an

alcohol and drug peer support specialist or a certified alcohol and drug

counselor. This emergency regulation is necessary because Kentucky is facing an

epidemic of alcohol and drug abuse, especially heroin. During the 2015

legislative session, HB 92 was signed into the law, which took effect on June

24, 2015, that expanded the credentials regulated by the Kentucky Board of

Alcohol and Drug Counselors and services that may be offered by qualified,

credentialed individuals. No administrative hearing can be held until the

regulation is promulgated. This emergency regulation shall be replaced by an

ordinary administrative regulation. The ordinary administrative regulation is

identical to this emergency administrative regulation.

 

STEVE BESHEAR, Governor

GEOFFREY WILSON, Chairperson

 

GENERAL GOVERNMENT

CABINET

Board of Alcohol and

Drug Counselors

(New Emergency Administrative

Regulation)

 

      201 KAR 35:055E. Temporary Registration

or Certification.

 

      RELATES TO: KRS 309.083, 309.0831

      STATUTORY AUTHORITY: KRS 309.0813(1),

(5), 309.083, 309.0831

      EFFECTIVE: August 25, 2015

      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.

      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:
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