STATEMENT
OF EMERGENCY
201 KAR 35:010E
This emergency regulation establishes the
definitions for 201 KAR Chapter 35. 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 35:010E. Definitions for 201
KAR Chapter 35.
RELATES TO: KRS 309.080, 309.0805, 309.081,
309.0813, 309.084, 309.085, 309.086, 309.087, 309.089
STATUTORY AUTHORITY: KRS 309.0813(1)
EFFECTIVE: August 25, 2015
NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.0813 requires the Kentucky
Board of Alcohol and Drug Counselors to promulgate administrative regulations for
alcohol and drug counselors and peer support specialists. This administrative
regulation establishes definitions of terms used by the board in administrative
regulations pertaining to the credentialing of alcohol and drug counselors and
peer support specialists.
Section 1. (1) "Academic course"
means a course that is offered by a postsecondary institution accredited by a
recognized accreditation agency and 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) "Applicant" means an
individual who has applied for registration, certification, or licensure in
accordance with KRS 309.084 or a credential holder renewing his application in
accordance with KRS 309.085.
(3)
"Approved" means recognized by the Kentucky Board of Alcohol and Drug
Counselors.
(4) "Board" is defined by KRS 309.080(1).
(5) "Certified alcohol and drug
counselor" is
defined by KRS
309.080(2).
(6) "Chair" means the
chairperson or vice-chairperson of the board.
(7) "Charge" means a specific
allegation contained in a formal complaint, as established in subsection (12)
of this section, issued by the board alleging a violation of a specified
provision of KRS Chapter 309, the administrative regulations promulgated
thereunder, or another state or federal statute or regulation.
(8) "Classroom hour" means an
academic hour from an accredited institution or continuing education hour.
(9) "Client" means an
individual, family, or group who directly receives services from an alcohol and
drug counselor or peer support specialist; a corporate entity or other
organization if the contract is to provide an alcohol and drug counselor or
peer support specialist service of benefit directly to the corporate entity or
organization; or a legal guardian who is responsible for making decisions
relative to the provision of services for a minor or legally incompetent adult.
(10)"Clinical supervision"
means a disciplined, tutorial process wherein principles are transformed into
practical skills, with four (4) overlapping foci: administrative, evaluative,
clinical, and supportive.
(11) "Clinical supervisor"
means a certified alcohol and drug counselor who has at least two (2) years of
postcredential experience and who provides supervision and whose credential is
currently in good standing with the board.
(12) "Complaint" means a
written allegation of misconduct by a credentialed individual or another
person, alleging a violation of:
(a) KRS Chapter 309;
(b) Administrative regulations
promulgated in accordance with KRS Chapter 309;
(c) Another state or federal statute or
regulation; or
(d) A combination of paragraphs (a), (b),
or (c) of this subsection.
(13) "Complaint screening committee"
means a committee consisting of up to two (2) members of the board appointed by
the chair to review complaints, investigative reports, and to participate in
informal proceedings to resolve a formal complaint. In addition to board
members, the executive director of the Division of Occupations and Professions
or another staff member may be appointed to assist the committee, but shall not
have voting privileges.
(14) "Continuing education hour" means fifty (50) clock minutes of
participating in a continuing education experience.
(15)
"Credential holder" is defined by KRS 309.080(3).
(16)
"Disciplinary action" means to revoke, suspend, place on probation, or
restrict the credential holder; and publicly reprimand, publicly admonish, or
fine.
(17) "Educational
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.
(18) "Informal proceedings"
means the proceedings instituted at any stage of the disciplinary process with
the intent of reaching a dispensation of a matter without further recourse to
formal disciplinary procedures under KRS Chapter 13B.
(19) "Investigator" means an
individual designated by the board to assist the board in the investigation of
a complaint or an investigator employed by the Attorney General or the board.
(20) "Licensed clinical alcohol and
drug counselor"
is defined
by KRS
309.080(4).
(21) "Licensed clinical alcohol and
drug counselor associate" is
defined by KRS
309.080(5).
(22) "Licensee" is defined by KRS 309.080(6).
(23)
"Provider" means an organization approved by the Kentucky Board of
Alcohol and Drug Counselors for providing continuing education programs.
(24) "Registered alcohol and
drug peer support specialist" is defined by KRS 309.080(8).
(25) "Registrant" is defined by KRS 309.080(9).
(26)
"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.
(27) "Work experience" means
the hours spent performing the services, tasks, and reports necessary for
providing counseling or intervention or support services to a person with a
substance use disorder or that person's significant others.
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, KY, 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 defines the terms used in 201 KAR Chapter
35.
(b) The necessity of this administrative
regulation: This regulation is necessary to define the terms used in 201 KAR
Chapter 35.
(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 terms used in 201 KAR Chapter 35.
(d) How this administrative regulation
currently assists or will assist in the effective administration of the
statutes: This regulation will provide a definition for terms used in 201 KAR
Chapter 35.
(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: There are no actions needed to be
taken for compliance of this administrative regulation.
(b) In complying with this administrative
regulation or amendment, how much will it cost each of the entities identified
in question (3): There is no cost associated with this administrative
regulation.
(c) As a result of compliance, what
benefits will accrue to the entities identified in question (3): Applicants and
credential holders benefit by having the definitions of terms used within the
regulations to clarify the regulations and put the licensee on clear notice.
(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: No increase in fees
or funding will be required to implement the changes made by this regulation.
(8) State whether or not this administrative
regulation establishes any fees or directly or indirectly increases any fees: This
administrative regulation does not establish fees or directly or indirectly
increase any fees.
(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. 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:
