GENERAL GOVERNMENT CABINET

Kentucky Board of Licensed Professional Counselors

(Amendment)

 

††††† 201 KAR 36:070. Education and examination requirements.

 

††††† RELATES TO: KRS 335.525(1)(c), (d), (f), 335.527(1)(a)

††††† STATUTORY AUTHORITY: KRS 335.515(1), (3)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.525(1)(c) requires that applicants for licensure shall have received a masterís or doctoral degree in counseling or a related field from a regionally-accredited institution. KRS 335.525(1)(d) requires that applicants for licensure shall have sixty (60) graduate semester hours in specified areas. KRS 335.525(1)(f) requires that applicants achieve passing scores on the examination required by the board. This administrative regulation establishes the educational and examination requirements for licensure.

 

††††† Section 1. (1) Degree in counseling. To qualify as a degree in counseling under KRS 335.525(1)(c), a degree shall:

††††† (a) Clearly indicate that it is a degree in counseling from a counseling program as evidenced by the description in the program's catalogues and brochures outlining the intent to educate and train the individual for the practice of professional counseling as defined in KRS 335.500(5);

††††† (b) Include the word "counseling" in the name of the degree, the academic program of study, or the major field of study;

††††† (c) Be from a counseling program that stands as a recognizable organizational entity within the institution and has a counseling faculty who identify with the professional counseling profession; and

††††† (d) Include practicum or internship experience of at least 600 hours in a counseling program that stands as a recognizable organizational entity within the institution and which has a counseling faculty who identify with the professional counseling profession.

††††† (2) Degree in a related field.

††††† (a) To qualify as a degree in a related field under KRS 335.525(1)(c), a degree shall:

††††† 1. Be awarded from an academic program of study for the degree that follows an organized sequence of graduate coursework with at least one course in a minimum of seven (7) of the nine (9) content areas established in KRS 335.525(1)(d);

††††† 2. Include a three (3) semester hour course, at the minimum, on Professional Orientation and Ethics that has as its concentration the American Counseling Association Code of Ethics; and

††††† 3. Include practicum or internship experience of at least 600 hours in a counseling program that stands as a recognizable organizational entity within the institution and which has a counseling faculty who identify with the professional counseling profession.

††††† (b) The degree shall be designed to educate and train the individual for the practice of professional counseling as defined by KRS 335.500(5).

††††† (3) Examples of degrees that shall not be accepted as a degree in counseling or a degree in a related field for purposes of licensure include a degree in Clinical Psychology, Social Work, Criminal Justice, or Special Education.

††††† (4) If an applicant proffers a degree in a related field, the applicant shall also provide evidence of additional graduate coursework in each area listed in KRS 335.525(1)(d)1-9 that is not included in the applicant's degree. The coursework in the degree program, in addition to the other coursework, shall demonstrate that the applicant has documented coursework in all nine (9) of the content areas listed in KRS 335.525(1)(d).

 

††††† Section 2. Accreditation. (1) All coursework submitted for licensure shall be from a regionally accredited educational institution which is accredited by any one (1) of the following: Southern Association of Colleges and Schools, Middle States Association of Colleges and Schools, New England Association of Colleges and Schools, North Central Association of Colleges and Schools, North Western Association of Schools and Colleges, and Western Association of Schools and Colleges.

††††† (2) Effective January 1, 2017, applicants shall have a degree from a program that is accredited by the Council on Accreditation of Counseling and Related Programs.

 

††††† Section 3. Examination. Applicants for licensure as a Licensed Professional Clinical Counselor shall obtain a passing score on the National Counselor Examination for Licensure and Certification (NCE) or the National Clinical Mental Health Counseling Examination (NCMHCE).

 

††††† Section 4. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "Instructions for Completion of Application for a Licensed Professional Counselor Associate (LPCA)", November 2008;

††††† (b) "Instructions for Completion of Application for Licensed Professional Counselor (LPCC)", November 2008;

††††† (c) "Application for Licensed Professional Clinical Counselor and Licensing Via Endorsement for Reciprocity", October 2011; and

††††† (d) "Application for Licensed Professional Counselor Associate", October 2011.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Occupations and Professions, 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 educational and examination requirements to qualify for licensure.

††††† (b) The necessity of this administrative regulation: This administrative regulation enables the board to evaluate an applicantís qualifications by establishing the educational and examination requirements for licensure.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 335.525(1)(c) requires that applicants for licensure shall have received a masterís or doctoral degree in counseling or a related field from a regionally-accredited institution. KRS 335.525(1)(d) requires that applicants for licensure shall have sixty (60) graduate semester hours in specified areas. KRS 335.525(1)(f) requires that applicants achieve passing scores on the examination required by the board. KRS 335.515(3) authorizes the board to promulgate administrative regulations necessary to carry out the provisions of KRS 335.500 to 335.599.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation specifies the types of education and examination that are 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 requires the counseling degree to be from a program accredited by the Council on Accreditation of Counseling and Related Programs.†

††††† (b) The necessity of the amendment to this administrative regulation: This amendment is necessary because it will ensure that counseling has been the core focus of the applicantsí training and eliminate the need for the board to review various programs to determine the sufficiency of an individual applicantís education and degree.

††††† (c) How the amendment conforms to the content of the authorizing statutes:† KRS 335.525(1)(c) requires that applicants for licensure shall have received a masterís or doctoral degree in counseling or a related field from a regionally-accredited institution. The profession recognizes The Council on Accreditation of Counseling and Related Programs as the entity most focused on the training of counseling, specifically.

††††† (d) How the amendment will assist in the effective administration of the statutes: The amendment will eliminate the need for the board to review specific coursework of applicants to determine its sufficiency.† The board has previously determined the coursework in programs accredited by the Council on Accreditation of Counseling and Related Programs is sufficient, so the time to review applications will be significantly reduced.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The board receives approximately 100 applications for licensure yearly.

††††† (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: No action will need to be taken by applicants.

††††† (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): It will be an automatic conclusion that the person applying for licensure will have acquired an education necessary to practice professional counseling in a competent manner to protect the public.

††††† (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 administrative regulation.

††††† (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 applicants for licensure.

 

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(1), (3)

††††† 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, this is not a revenue generating regulation.

††††† (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: