GENERAL GOVERNMENT CABINET

Board of Alcohol and Drug Counselors

(Amendment)

 

      201 KAR 35:055. Temporary Registration or Certification.

 

      RELATES TO: KRS 309.083, 309.0831

      STATUTORY AUTHORITY: KRS 309.0813(1), (5), 309.083, 309.0831

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.0813(1) and (5) authorize the board to promulgate administrative regulations establishing the requirements for registering with the Board of Alcohol and Drug Counselors as a registered alcohol and drug peer support specialist, certified alcohol and drug counselor, licensed clinical alcohol and drug counselor associate, or licensed clinical alcohol and drug counselor. This administrative regulation establishes the requirements for temporary credentials.

 

      Section 1. Application for Temporary Registration. (1) An applicant for temporary registration as a certified drug and alcohol peer support specialist may submit an application 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 KBADC Form 1, incorporated by reference in 201 KAR 35:020. 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. KBADC Form 2, Attestation of Recovery, in which the applicant declares that he or she has been 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 applicant for temporary certification as a certified alcohol and drug counselor may submit KBADC Form 1, incorporated by reference in 201 KAR 35:020, after the requirements established in KRS 309.083(1), (2), (6), (7), and (10) are met.

      (2) 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) The board may approve an extension of the period of a temporary credential for a maximum of two (2) years if a:

      (a) Written request is submitted that is cosigned by the board approved supervisor; and

      (b) One (1) of the following[circumstances delineated in 201 KAR 35:040, Section 8(1),] exists:

      1. A circumstance delineated in 201 KAR 35:040, Section 8(1); or

      2. The credential holder presents evidence of insufficient time to complete supervision, training, work experience, or successfully passing the required examination.

      (3) The board shall not grant 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 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 person: 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 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: The amendment provides a temporary credential holder with more grounds for obtaining an extension of his or her respective credential.

      (b) The necessity of the amendment to this administrative regulation: The board has found over time that the list of circumstances to grant an extension of a temporary credential needed to be expanded.

      (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 provide a temporary credential holder with more options and expedite the process for granting an extension of a temporary credential.

      (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: 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 $50.

      (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: