GENERAL GOVERNMENT CABINET
Kentucky Board of Licensed Professional Counselors
RELATES TO: KRS 335.500(4), 335.505(4), 335.525(1)(e)
STATUTORY AUTHORITY: KRS 335.515(1), (3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.505(4) allows a student intern or trainee in professional counseling to use the title of "professional counselor intern" or "student in training" if the activities are performed under the supervision or direction of an approved supervisor and the activities are a part of a supervised program of study. KRS 335.525(1)(e) provides that an applicant for a professional clinical counselor license shall have acquired 4,000 hours of experience in the practice of counseling under approved supervision. KRS 335.515(3) requires the board to promulgate administrative regulations to implement KRS 335.500 to 335.599, relating to licensed professional counselors. This administrative regulation establishes the requirements relating to supervision and the requirements for experience under supervision.
Section 1. Definitions. (1) "Face-to-face" means supervision that may include interactive, simultaneous video and audio media with a minimum of one direct meeting per month that is in person where the supervisor and supervisee are physically present in the same room.
(2) "Individual supervision" means supervision of one (1) or two (2) supervisees with the supervisor.
(3) "Practice of counseling" means professional counseling services within the scope of Section 2 of this administrative regulation and which involve the application of mental health and development principals, methods or procedures, including assessment, evaluation, diagnosis, and treatment of emotional disorders or mental illnesses, to assist individuals to achieve more effective personal, social, educational, or career development and adjustment.
"Supervisee" means a licensed professional counselor associate who
works with clients under supervision.
means the educational process of utilizing a partnership between a supervisor
and a supervisee aimed at enhancing the professional development of the
supervisee in providing professional counseling services to meet the
requirements of KRS 335.525(1)(e).
"Supervisor" means a member of a mental health or behavioral-services
profession listed in Section 3(1) of this administrative regulation who
controls, oversees, guides, and takes responsibility for the professional
clinical counseling practice of a supervisee in accordance with this
Section 2. Requirements for the Practice of Professional Counseling. (1) The practice of professional counseling shall be based on knowledge of areas including interpersonal, cognitive, cognitive behavioral, psychodynamics, human relations, crisis intervention, psychopathology, group dynamics, and effective methods and strategies necessary to help the client achieve mental, vocational, emotional, physical, social, moral, and spiritual development and adjustment throughout the client's life span.
(2) In providing counseling services, a licensee shall possess and utilize skills in the following areas:
(a) The helping relationship, including counseling theory and practice;
(b) Human growth and development;
(c) Lifestyle and career development;
(d) Group dynamics, process, counseling, and consulting;
(e) Assessment, appraisal, and testing of individuals;
(f) Social and cultural foundation, including multicultural issues;
(g) Principles of etiology, diagnosis, treatment planning, and prevention of mental and emotional disorders and dysfunctional behavior;
(h) Research and evaluation; and
(i) Professional orientation and ethics.
Section 3. Supervision. (1) A supervisor shall be properly credentialed under Kentucky law as a member of one (1) of the following professions:
(a) A licensed professional clinical counselor;
(b) A licensed psychologist, licensed psychological practitioner, or a certified psychologist with autonomous functioning;
(c) A licensed clinical social worker;
(d) A licensed psychiatrist;
(e) A nurse with a master's degree and psychiatric certification; or
(f) A licensed marriage and family therapist.
(2) The supervisor shall:
(a) Provide supervision to a person obtaining the experience required under KRS 335.525(1)(e);
(b) Not have:
1. An unresolved citation filed against the supervisor by the board that licenses or certifies that profession;
2. A suspended or probated license or certificate;
3. An order from the board under which the supervisor is licensed or certified prohibiting the supervisor from providing supervision; or
4. A previous or existing dual relationship or other personal relationship with a supervisee;
(c) Have been in the practice of his or her profession for two (2) years following licensure or certification in that profession; and
(d) Have completed the supervisor training required by subsection (3) of this section.
1. Except as provided in subparagraph 2 of this paragraph, experience acquired under the supervision of an individual who has not completed the supervisor training shall not count toward the requirements of KRS 335.525(1)(e).
2. A supervisor who is providing supervision on the effective date of this administrative regulation shall complete the training by October 31, 2010.
(3) In order to obtain board-approved supervisor status, a supervisor shall complete three (3) hours of board-approved supervisor training.
(a) The board-approved supervisor training shall cover Kentucky law governing the practice of professional counseling, both administrative regulations and statutes, theories of supervision, ethical issues involved in supervision, and supervisor responsibilities such as logs, treatment, planning, recording, and proper documentation.
(b) Supervisor training shall be conducted by an instructor who is a Licensed Professional Clinical Counselor and who has demonstrated proficiency in the curriculum established in paragraph (a) of this subsection.
(c) To maintain board-approved supervisor status, a supervisor shall retake the board-approved supervisor training every three (3) years.
(4) A supervisor of record shall assume
responsibility for the practice of the supervisee. A supervisor shall not serve
as a supervisor of record for more than twelve (12)[
persons obtaining experience for certification or licensure at the same time.
(5) After January 1, 2016, a supervisor shall be licensed by the board as a licensed professional clinical counselor, except as established in this subsection.
(a) A supervision agreement that has been approved prior to January 1, 2016 that involves other licensees listed in 201 KAR 36:060, Section 3(1), may continue to be in effect until termination.
(b) An applicant may submit a hardship request for the ability to utilize one (1) of the licensees listed in 201 KAR 36:060, Section 3(1), if the nature of the circumstances shows that the ability to obtain supervision from a licensed professional clinical counselor is prohibited by the difficulty to do so. The submittal for a hardship exemption shall be accompanied by the supervision agreement.
Section 4. Supervisory Agreement. (1) A supervisee shall enter into a written supervisory agreement with an approved supervisor. The supervisory agreement shall contain:
(a) The name and address of the supervisee;
(b) The name, address, license or certification number, and number of years of practice of the supervisor of record;
(c) The name, address, license or certification number, and number of years of practice of other supervisors;
(d) The agency, institution, or organization where the experience will be received;
(e) A detailed description of the nature of the practice including the type of:
1. Clients which will be seen;
2. Therapies and treatment modalities which will be used including the prospective length of treatment; and
3. Problems which will be treated;
(f) The nature, duration, and frequency of the supervision, including the:
1. Number of hours of supervision per week;
2. Number of hours of individual supervision;
3. Methodology for transmission of case information; and
4. Number of hours of face-to-face supervision which meet the requirements of KRS 335.525(1)(e);
(g) A statement that supervision shall:
1. Occur a minimum of three (3) times per month and one (1) hour per meeting for a full time practice which consists of twenty-five (25) clock hours or greater per week; or
2. Occur a minimum of one (1) hour for every thirty (30) hours of client contact for a part time practice which consists of less than twenty-five (25) clock hours per week;
(h) The conditions or procedures for termination of the supervision;
(i) A statement that:
1. The supervisor of record understands that the supervisor shall be held accountable to the board for the care given to the supervisee's clients; and
2. The supervisor of record meets the criteria established in Section 3 of this administrative regulation; and
(j) The signatures of both the supervisor and the supervisee. If a supervisee changes his or her supervisor of record as identified in the supervisory agreement, the supervisee shall submit a new supervisory agreement which sets forth the information required by subsection (1) of this section and which identifies the new supervisor of record.
(2) The supervisory agreement shall be approved by the board before the licensed professional counselor associate begins the practice of professional counseling.
Section 5. Experience Under Supervision. (1) Experience under supervision shall consist of:
(a) Direct responsibility for a specific individual or group of clients; and
(b) Broad exposure and opportunity for skill enhancement with a variety of developmental issues, dysfunctions, diagnoses, acuity levels, and population groups.
(2) The board may, in its discretion for extenuating circumstances beyond the supervisor’s or supervisee’s control, grant a limited waiver from the requirement of one monthly direct in person meeting to satisfy the face-to-face supervision requirements upon written request by the supervisor and supervisee.
Section 6. Supervision Requirements. (1) Supervision shall relate specifically to the qualifying experience and shall focus on:
(a) The appropriate diagnosis of a client problem leading to proficiency in applying professionally recognized clinical nomenclature;
(b) The development and modification of the treatment plan;
(c) The development of treatment skills suitable to each phase of the therapeutic process;
(d) Ethical problems in the practice of professional counseling; and
(e) The development and use of the professional self in the therapeutic process.
(2) A supervisee shall not continue to practice professional counseling if:
(a) The conditions for supervision set forth in the supervisory agreement required by Section 4 of this administrative regulation are not followed; or
(b) The supervisory agreement is terminated for any reason.
(3) If the terms of the supervisory agreement are not being met by the supervisee, the supervisor shall immediately notify this board in writing.
(4) The supervisor and supervisee shall sign and file with the board a Semi-Annual Report Form with their renewal application and by April 1st of each year.
Section 7. Evaluation by Board. The period of supervised experience required by KRS 335.525(1)(e) shall be evaluated by the board according to one (1) of the following methods:
(1) A candidate who seeks to obtain experience in the Commonwealth of Kentucky shall submit the supervisory agreement required by Section 4 of this administrative regulation for the experience prior to beginning to accrue the required experience; or
(2) A candidate who obtained the experience in another state shall submit documentation of the hours of supervision with the Application for Licensed Professional Clinical Counselor and Licensing Via Endorsement for Reciprocity required by 201 KAR 36:070. The documentation shall also:
(a) Provide information that verifies that the requirements for the license or certificate of the supervisor from the state in which the license or certificate was held are substantially equivalent to the requirements for that license or certificate in Kentucky;
(b) Provide information that verifies that the supervisor is in good standing with the certifying or licensing state; and
(c) Demonstrate that the practice and supervision requirements in the state from which the candidate is applying are substantially equivalent to the requirements established under this administrative regulation.
Section 8. Temporary Supervision. (1) In extenuating circumstances, if a licensed professional counselor associate is without supervision, the associate may continue working up to sixty (60) calendar days under the supervision of a qualified mental health provider while an appropriate board-approved supervisor is sought and a new supervision contract is submitted to the board. Extenuating circumstances include situations such as death or serious illness of the board-approved supervisor, a leave of absence by the supervisor, or the termination of the supervisor’s employment.
(2)(a) Within ten (10) days of the occurrence, the supervisee shall notify the board of the extenuating circumstances which have caused the supervisee to require temporary supervision.
(b) The supervisee shall submit, in writing, a plan for resolution of the situation within thirty (30) calendar days of the change in status of board-approved supervision.
(c) The written plan shall include:
1. The name of the temporary supervisor;
2. Verification of the credential held by the temporary supervisor;
3. An email address and a postal address for the temporary supervisor and the supervisee; and
4. A telephone number for the temporary supervisor.
Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) "LPCA Supervisory Agreement", March 2010; and
(b) "Counseling Associate Semi-Annual Report", October 2011.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Licensed Professional Counselors, 911 Leawood Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
MARTIN WESLEY, Chair
APPROVED BY AGENCY: June 20, 2014
FILED WITH LRC: July 3, 2014 at 1 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 22, 2014 at 2:00 pm at Division of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by August 15, 2014 five workdays 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 close of business on September 2, 2014. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Diana Jarboe, Board Administrator, Division of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40602, phone (502) 564-3296, fax (502) 564-4818.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Diana Jarboe
(1) Provide a brief summary of:
(a) What this administrative regulation does: This administrative regulation establishes the supervision requirements to qualify for licensure.
(b) The necessity of this administrative regulation: This administrative regulation enables the board to evaluate applications by establishing the supervision experience requirements for licensure.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 335.525(1)(e) provides that an applicant for a professional counselor license must have acquired 4,000 hours of experience in the practice of counseling under the general supervision of an approved supervisor. This administrative regulation establishes the requirements relating to supervision and the requirements for experience under supervision.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation specifies the types of experience that is acceptable for licensure.
(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 to this administrative regulation establishes a definition for “individual supervision” and allows current supervisors who will not meet the new supervision requirement to continue supervising individuals until the contract is terminated.
(b) The necessity of the amendment to this administrative regulation: This amendment clearly defines what constitutes “individual supervision” and allows current supervisors to fulfill supervisory contracts without meeting the new requirements. The amendment prevents supervisees from being compelled to find new supervisors who meet the new requirements.
(c) How the amendment conforms to the content of the authorizing statutes: KRS 335.525(1)(e) provides that an applicant for a professional counselor license must have acquired 4000 hours of experience in the practice of counseling under the general supervision of an approved supervisor. This amendment establishes new requirements relating to who can serve as a supervisor.
(d) How the amendment will assist in the effective administration of the statutes: The regulation clearly defines what constitutes “individual supervision” which is required for licensure and sets the requirement that all supervisors will be required to be a Licensed Professional Clinical Counselor. The amendment will also allow the board discretion to approve an individual who is not a Licensed Professional Clinical Counselors as a supervisor under extenuating circumstances.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: There are approximately 700 assistants who require supervision pursuant to this regulation and currently 450 supervisors.
(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: This amendment does not require supervisors or supervisees to take any action to be incompliance.
(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.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Supervisees will have the opportunity to have a supervisor who is not a Licensed Professional Counselor under extenuating circumstances.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation: None
(a) Initially: None
(b) On a continuing basis: None
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Agency funds.
(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 fee increase is necessary to implement this amendment.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish any fees or directly or indirectly increase any fees
(9) TIERING: Is tiering applied? No. This administrative regulation applies to all associates equally.
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 Licensed Professional Counselors.
2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 335.515
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.