GENERAL GOVERNMENT CABINET

Board of Alcohol and Drug Counselors

(Amendment)

 

      201 KAR 35:040. Continuing education requirements.

 

      RELATES TO: KRS 309.085(1)(b)

      STATUTORY AUTHORITY: KRS 309.0813(2), 309.085(1)(b)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.813(2) and 309.085(1)(b) authorize the Board of Alcohol and Drug Counselors to promulgate administrative regulations establishing continuing education requirements. This administrative regulation establishes the requirements for continuing education and prescribes methods and standards for the accreditation of continuing education courses.

 

      Section 1. Basic Continuing Education Requirements. (1)(a) A minimum of ten (10) continuing education hours each year shall be accrued by each person holding a registration as an alcohol and drug peer support specialist.

      (b) A minimum of sixty (60) continuing education hours shall be accrued by each person holding a certificate as a certified alcohol and drug counselor during the three (3) year certification period for renewal with at least three (3) continuing education hours in ethics.

      (c) A minimum of sixty (60) continuing education hours shall be accrued by each person holding a license as a licensed clinical alcohol and drug counselor during the three (3) year licensure period for renewal with at least three (3) continuing education hours in ethics.

      (d) A minimum of twenty (20) continuing education hours each year shall be accrued by each person holding a license as a licensed clinical alcohol and drug counselor associate. A licensed clinical alcohol and drug counselor associate shall obtain at least three (3) continuing education hours in ethics during the renewal cycle.

      (2) All continuing education hours shall be relevant to the field of alcohol and drug counseling.

      (3) A credential holder shall determine prior to attending a specific continuing education program that the program:

      (a) Has been approved by the board; or

      (b) Is offered or sponsored by an organization approved by the board to provide continuing education programs.

      (4) If the specific continuing education program is not pre-approved as established in subsection (3) of this section, the certificate holder may apply for board approval by providing the information required by Section 4 of this administrative regulation.

      (5) A credential holder shall complete a minimum of six (6) hours of continuing education in suicide assessment, treatment, and management as required by KRS 210.366. The suicide assessment, treatment, and management continuing education course shall be approved by the board, be provided by an entity identified in Section 2(4)(b) of this administrative regulation, or be approved by one (1) of the following boards:

      (a) Kentucky Board of Social Work;

      (b) Kentucky Board of Licensure of Marriage and Family Therapists;

      (c) Kentucky Board of Licensed Professional Counselors;

      (d) Kentucky Board of Licensure for Pastoral Counselors;

      (e) Kentucky Board of Examiners of Psychology; or

      (f) Kentucky Board of Licensure for Occupational Therapy.

 

      Section 2. Methods of Acquiring Continuing Education Hours. (1) Continuing education hours applicable to the renewal of the credential shall be directly related to the professional growth and development of a credential holder.

      (2) Continuing education hours may be earned by:

      (a) Attending a continuing education program that has prior approval by the board;

      (b) The completion of appropriate academic coursework; or

      (c) Other alternative methods approved by the board in accordance with subsection (6) of this section.

      (3) At least fifty (50) percent of the required continuing education hours for a credential holder shall be earned through live, face to face, continuing education presentations.

      (4) Attendance at continuing education programs automatically approved by the board.

      (a) A program relevant to the practice of alcohol and drug counseling that is provided, approved, or sponsored by any of the providers listed in paragraph (b) of this subsection shall be:

      1. Approved without further review; and

      2. Exempt from the program fee established in 201 KAR 35:020, Section 9.

      (b) The provisions of this subsection shall apply to the following providers:

      1. The National Association of Addiction Professionals (NAADAC) and its member boards;

      2. The International Certification and Reciprocity Consortium (ICRC);

      3. The Kentucky Cabinet for Health and Family Services, Division of Mental Health and Substance Abuse and its subcontractors;

      4. The Kentucky School of Alcohol and Drug Studies;

      5. An Addiction Technology Transfer Center (ATTC);

      6. State or United State Regional Addiction Training Institute; or

      7. Clinical Applications of the Principles on Treatment of Addictions and Substance Abuse (CAPTASA).

      (5)(a) Academic coursework. An academic course, as defined in 201 KAR 35:010, Section 1(1), shall not require board review or approval.

      (b) A general education course, or elective designated to meet academic degree requirements, shall be acceptable for continuing education credit if it is relevant to the practice of alcohol and drug counseling.

      (c) Academic credit equivalency for continuing education hours shall be based on one (1) credit hour equaling fifteen (15) continuing education hours.

      (6) Alternative methods for obtaining continuing education hours; programs requiring board review and approval. The following activities shall be reviewed by the board to determine whether or not the activity complies with the requirements of Section 3(2) of this administrative regulation:

      (a)1. A program, including a home study course and in-service training provided by an organization or education institution not listed in subsection (4)(b) of this section; or

      2. A program or academic course presented by the credential holder, who shall earn two (2) continuing education hours for each contact hour of instruction, unless it is repeated instruction of the same course; or

      (b) A relevant publication in a professionally recognized or juried publication authored by the credential holder, who shall earn continuing hours as follows:

      1. Five (5) continuing education hours for each published abstract or book review in a refereed journal;

      2. Ten (10) continuing education hours for each book chapter or monograph;

      3. Fifteen (15) continuing education hours for each published article in a refereed journal; and

      4. Twenty (20) continuing education hours for each published book.

 

      Section 3. Procedures for Preapproval of Continuing Education Programs. (1) An applicant seeking to obtain approval of a continuing education program prior to its offering shall apply to the board at least thirty (30) days in advance of the commencement of the program, and shall provide the information required in Section 4 of this administrative regulation.

      (2) A continuing education activity shall be qualified for approval if the activity:

      (a) Is an organized program of learning;

      (b) Pertains to subject matter relating to alcohol and drug counseling;

      (c) Enhances the professional competence of the credential holder by:

      1. Refreshing knowledge and skills; or

      2. Educating on a new topic or subject; and

      (d) Is conducted by a competent instructor, as documented by appropriate academic training, professional licensure or certification, or professionally recognized experience.

      (3)(a) The board may monitor or review a continuing education program approved by the board, in accordance with this section.

      (b) Upon evidence of significant variation in the program presented from the program approved, the board shall withdraw approval of the hours granted to the program.

 

      Section 4. Subsequent Approval of Continuing Education Programs. (1) A course that has not been preapproved by the board may be used for continuing education if approval is subsequently secured from the board.

      (2) The following information shall be submitted for board review of a program:

      (a) A published course or seminar description;

      (b) The name and qualifications of the instructor;

      (c) A copy of the program agenda indicating hours of education;

      (d) Number of continuing education hours requested;

      (e) Official certificate of completion or college transcript from the sponsoring agency or college; and

      (f) Application for continuing education credits approval.

 

      Section 5. Application for Approved Sponsor. (1) A company, individual, or association that wishes to be designated as an approved sponsor of continuing education shall complete a Continuing Education Sponsor Application incorporated by reference in 201 KAR 35:020, and pay the provider fee established in 201 KAR 35:020, Section 9.

      (2) An approved sponsor of continuing education shall be allowed to advertise the program as pre-approved to meet the continuing education requirements for credential renewal.

      (3)(a) Approval shall be for one (1) year from date of approval unless substantial course changes occur.

      (b) For purposes of this section, a substantial course change shall be a change in the curriculum in excess of twenty (20) percent.

 

      Section 6. Responsibilities and Reporting Requirements of Credential Holder; Audit. (1)(a) During the renewal period, the board shall review at least fifteen (15) percent of all credential holders’ documentation supporting the completion of the appropriate number of continuing education hours through a random audit process.

      (b) Copies of supporting documentation submitted to the board shall be shredded and shall not be returned to the certificate holder upon completion of the audit process.

      (c) Verification of continuing education hours shall not otherwise be reported to the board.

      (2) A credential holder shall:

      (a) Be responsible for obtaining the required continuing education hours;

      (b) Identify personal continuing education needs and seek activities that meets those needs;

      (c) Seek ways to integrate new knowledge, skills, and activities;

      (d) Select approved activities by which to earn continuing education hours;

      (e) Submit to the board, if applicable, a request for approval for continuing education activities not approved as established in Section 3 of this administrative regulation;

      (f) Document attendance, participation in, and successful completion of continuing education activity; and

      (g) Maintain records of continuing education hours for five (5) years from the date of the offering of the continuing education activity.

      (3) The following items may be used to document continuing education activity:

      (a) Transcript;

      (b) Certificate;

      (c) Affidavit signed by the instructor;

      (d) Receipt for the fee paid to the sponsor; or

      (e) Written summary of experiences that are not formally or officially documented otherwise.

      (4) Failure to comply with this administrative regulation shall constitute a violation of KRS 309.085(1)(b) and shall result in board:

      (a) Refusal to renew credential;

      (b) Suspension of credential; or

      (c) Revocation of credential.

 

      Section 7. Carry-over of Continuing Education Hours Prohibited. Continuing education hours earned in excess of those required pursuant to Section 1 of this administrative regulation shall not be carried forward.

 

      Section 8. Waiver or Extensions of Continuing Education. (1) On application, the board may grant a waiver of the continuing education requirements or an extension of time within which to fulfill the requirements in the following cases:

      (a) Medical disability or serious injury of the credential holder;

      (b) Serious illness of the credential holder or of an immediate family member; or

      (c) Death or serious injury of an immediate family member.

      (2) A written request for waiver or extension of time involving medical disability or illness shall be:

      (a) Submitted by the certificate holder; and

      (b) Accompanied by a verifying document signed by a licensed physician or an advanced practice registered nurse.

      (3) A waiver of or extension of time within which to fulfill the minimum continuing education requirements shall not exceed one (1) year.

      (4) If the medical disability or illness upon which a waiver or extension has been granted continues beyond the period of the waiver or extension, the credential holder shall reapply for the waiver or extension.

 

      Section 9. Continuing Education Requirements for Reinstatement or Reactivation of a Credential. (1) A person requesting reinstatement of certification or licensure shall:

      (a) Submit evidence of receiving sixty (60) hours of continuing education within the three (3) year period immediately preceding the date that reinstatement is requested; or

      (b) Obtain sixty (60) hours of continuing education within six (6) months of reinstatement of certification or licensure.

      (2) Failure to obtain sixty (60) hours within six (6) months shall result in termination of certification or licensure.

      (3) A person requesting reinstatement of a registration shall:

      (a) Submit evidence of receiving thirty (30) hours of continuing education within the three (3) year period immediately preceding the date that reinstatement is requested; or

      (b) Obtain ten (10) hours of continuing education within six (6) months of reinstatement of registration.

      (4) Failure to obtain ten (10) hours within six (6) months shall result in termination of registration.

      (5) A person requesting reactivation of registration, certification, or licensure shall submit evidence of receiving twenty (20) hours of continuing education within one (1) year immediately preceding the date that reactivation is requested. A minimum of ten (10) hours shall be live, face to face.

      (6) The continuing education hours received in compliance with this section shall be in addition to the continuing education requirements established in Section 1 of this administrative regulation and shall not be used to comply with the requirements of that section.

 

      Section 10. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Continuing Sponsor Application Form", 2008; and

      (b) "KBADC Form 18, Continuing Education Program Application", June 2015.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Alcohol and Drug Counselors, 911 Leawood Drive, Frankfort, Kentucky, telephone (502) 564-3296 ext. 222, Monday through Friday, 8:30 a.m. to 4:30[5:00] p.m.

     

GEOFFREY WILSON, Board Chairperson

      APPROVED BY AGENCY: October 13, 2017

      FILED WITH LRC: October 13, 2017 at 10 a.m.

      PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 29, 2017, at 9:00 a.m. at Department of Professional Licensing, 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 the end of the day on November 30, 2017. Send written notification of intent to attend the public hearing or submit written comments on the proposed administrative regulation to:

      CONTACT PERSON: Kelly Walls, Board Administrator, Department of Professional Licensing, 911 Leawood Drive, Frankfort, Kentucky 40601, phone (502) 782-8814, fax (502) 696-5898, email Kelly.Walls@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact persons: Brian Judy, phone (502) 696-5630, fax (502) 564-6801, email Brian.Judy@ky.gov.; and Kelly Walls

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes the continuing education requirements for a credential holder.

      (b) The necessity of this administrative regulation: The necessity of this regulation is to establish a continuing education requirement for a credential holder to maintain competency in the practice.

      (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 continuing education requirement for a credential holder.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation will assist in establishing the continuing education requirements of a credential holder and protect the public seeking alcohol and drug related services.

      (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 amendment establishes the continuing education requirement required to be completed to have a registration, certification, or license activated.

      (b) The necessity of the amendment to this administrative regulation: The amendment is necessary to establish a continuing education requirement for a credential holder who placed his or her registration, certification, or license on inactive status as allowed by 201 KAR 35:080.

      (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.

      (d) How the amendment will assist in the effective administration of the statutes: The amendment will assist in establishing a continuing education requirement for all credential holders on inactive status.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: There are presently 490 Licensed Clinical Alcohol and Drug Counselors, 7 Licensed Clinical Alcohol and Drug Counselor Associates, 728 Certified Alcohol and Drug Counselors, 711 Temporary Certified Alcohol and Drug Counselors, 89 Temporary Registered Alcohol and Drug Peer Support Specialists, and one 5 Registered Alcohol and Drug Peer Support Specialist.

      (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 will be required to comply with the continuing education requirement or be subject to possible disciplinary action.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The only new cost associated to the amendment relates to the new created continuing education requirements for the new registrants and licensees.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The credential holders will know the continuing education requirements expected of them by 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) and (2).

      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: