201 Kar 35:010E. Definitions For 201 Kar Chapter 35

Link to law: http://www.lrc.ky.gov/kar/201/035/010E.htm
Published: 2015

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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: