GENERAL GOVERNMENT CABINET

Board of Licensed Professional Counselors

(Amendment)

 

††††† 201 KAR 36:070. Application, education, and examination requirements.

 

††††† RELATES TO: KRS 335.500, 335.525(1)(c), (d), (f), 335.527(1)(a)

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

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.515(3) requires the board to promulgate administrative regulations to carry out and enforce the provisions of KRS 335.500 to 335.599. KRS 335.525(1)(c) requires that applicants for licensure shall have received a masterís, specialist, 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 335.527(1)(a) requires that applicants for licensure shall have received a masterís, specialist, or doctoral degree in counseling or a related field from a regionally-accredited institution and sixty (60) graduate 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 application, education, and examination requirements for licensure.

 

††††† Section 1. (1) Degree in counseling. To qualify as a degree in counseling under KRS 335.525(1)(c) or 335.527(1)(a), 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 that 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) or 335.527(1)(a), 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 (1) course in each[a minimum of seven (7)] of the nine (9) content areas established in KRS 335.525(1)(d) or 335.527(1)(a);

††††† 2. Include three (3) semester hours or four and one-half (4.5) quarter hours, at the minimum, on professional orientation and ethics with the concentration on 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 that 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, forensic psychology, psychology, Christian psychology, biblical counseling, pastoral counseling, marriage and family therapy, art or dance therapy, 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 or, if that applicant is applying for endorsement, in each area listed in KRS 335.527(1)(a)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) or, if that applicant is applying for endorsement, in all nine (9) of the content areas listed in KRS 335.527(1)(a).

††††† (5) The graduate hour requirement of KRS 335.525(1)(d) and 335.527(1)(a) shall be semester hours. A minimum of ninety (90) quarter hours shall be equivalent to sixty (60) graduate semester hours.

 

††††† Section 2. Accreditation. (1)(a) 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, or Western Association of Schools and Colleges.

††††† (b) All coursework submitted for licensure from an international educational institution shall be accredited by the International Registry of Counseling Education Programs or reviewed by the World Education Services.

††††† (2) An applicant shall have a degree from a program that is accredited by the Council on Accreditation of Counseling and Related Programs (CACREP) or its affiliates. This requirement shall not apply to an applicant who:

††††† (a) Is enrolled in a counseling or a related field program on or before January 15, 2015;

††††† (b) Maintains continuous enrollment; and

††††† (c) Receives a degree in the counseling or a related field program no later than May 31, 2020.

 

††††† Section 3. Examination. An applicant 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. Application for Licensure. (1)(a) Each applicant for licensure as a licensed professional clinical counselor shall:

††††† 1. Submit an Application for Licensed Professional Clinical Counselor to the board;

††††† 2. Pay the fee as established in 201 KAR 36:020;

††††† 3. Submit proof of passage of one (1) of the examinations required under Section 3 of this administrative regulation;

††††† 4. Complete at least three (3) semester hours or four and one half (4.5) quarter hours for each of the following curriculum content areas as:

††††† a. The helping relationship, including theory and practice, which provides an understanding of counseling and consultation processes, and includes the following:

††††† (i) Counseling and consultation theories including both individual and systems perspectives as well as coverage of relevant research and factors considered in applications;

††††† (ii) Basic interviewing, assessment, and counseling skills;

††††† (iii) Counselor or consultant characteristics and behaviors that influence professional counseling relationships, including age, gender, and ethnic differences; verbal and nonverbal behaviors; and personal characteristics, orientations, and skills;

††††† (iv) Client or consultee characteristics and behaviors that influence professional counseling relationships, including age, gender, ethnic differences, verbal and nonverbal behaviors, and personal characteristics, orientations, and skills; and

††††† (v) Ethical considerations;

††††† b. Human growth and development that provides an understanding of the nature and needs of individuals at all developmental levels, and includes:

††††† (i) Theories of individual and family development and transitions across the life span;

††††† (ii) Theories of learning and personality development;

††††† (iii) Human behavior, including an understanding of developmental crises, disability, addictive behavior, psychopathology and environmental factors, normal and abnormal behavior;

††††† (iv) Counseling strategies for facilitating development over the life span; and

††††† (v) Ethical considerations;

††††† c. Lifestyle and career development that provides an understanding of career counseling, development and related factors. Coursework includes the following:

††††† (i) Career-counseling theories and decision-making models;

††††† (ii) Career, vocational educational and labor market information resources; visual and print media and computer-based career information systems;

††††† (iii) Career-counseling program planning, organization, implementation, administration, and evaluation;

††††† (iv) Interrelationships among work, family, and other life roles and factors, including multicultural and gender issues as related to career counseling;

††††† (v) Career and educational placement counseling, follow-up and evaluation; assessment instruments and techniques relevant to career counseling;

††††† (vi) Computer-based career-development applications and strategies, including computer-assisted career-counseling systems;

††††† (vii) Career-counseling processes, techniques, and resources, including those applicable to specific populations; and

††††† (viii) Ethical considerations;

††††† d. Group dynamics, process, counseling, and consulting that provides an understanding of group development, dynamics, and counseling theories; group counseling methods and skills; and other group work approaches, and includes the following:

††††† (i) Principals of group dynamics, including group counseling components, developmental stage theories, and group members' roles and behaviors;

††††† (ii) Group leadership styles and approaches, including characteristics of various types of group leaders and leadership styles;

††††† (iii) Theories of group counseling, including commonalities, distinguishing characteristics, and pertinent research and literature;

††††† (iv) Group counseling methods, including group counselor orientations and behaviors, ethical standards, appropriate selection criteria and methods of evaluation of effectiveness;

††††† (v) Approaches used for other types of group work in counseling, including task groups, prevention groups, support groups, and therapy groups; and

††††† (vi) Ethical considerations;

††††† e. Assessment, appraisal, and testing of individuals that provides an understanding of individual and group approaches to assessment and evaluation in counseling practice. Coursework includes the following:

††††† (i) Theoretical and historical bases for assessment techniques in counseling;

††††† (ii) Validity, including evidence for establishing content, construct, and empirical validity;

††††† †(iii) Reliability, including methods of establishing stability, internal, and equivalence reliability;

††††† †(iv) Appraisal methods, including environmental assessment, performance assessment, individual and group test and inventory methods, behavioral observations, and computer-managed and computer-assisted methods;

††††† (v) Psychometric statistics, including types of assessment scores, measures of central tendency, indices of variability, standard errors, and correlations;

††††† (vi) Age, gender, ethnicity, language, disability, and cultural factors assessment and evaluation in counseling services;

††††† (vii) Strategies for selecting, administering, interpreting, and using assessment and evaluation instruments and techniques in counseling; and

††††† (viii) Ethical considerations;

††††† f. Social and cultural foundations, including multicultural issues that provide an understanding of issues and trends in a multicultural and diverse society that impact professional counselors and the counseling profession, and includes the following:

††††† (i) Multicultural and pluralistic trends, including characteristics and concerns of counseling individuals from diverse groups;

††††† (ii) Attitudes and behavior based on factors such as age, race, religious preferences, physical disability, sexual orientation, ethnicity, culture, family patterns, gender, socioeconomic status, and intellectual ability;

††††† (iii) Individual, family, and group counseling strategies with diverse populations; and

††††† (iv) Ethical considerations;

††††† g. Principles of etiology, diagnosis, treatment planning, and prevention of mental and emotional disorders and dysfunctional behavior that provides an understanding of etiology, diagnosis, treatment planning, and prevention of mental and emotional disorders and dysfunctional behavior. Coursework includes the following:

††††† (i) Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the Diagnostic and Statistical Manual of Mental Disorders (DSM), fifth (5th) edition, or the DSM currently in use;

††††† (ii) Established diagnostic criteria for mental and emotional disorders, and treatment modalities and placement criteria within the continuum of care;

††††† (iii) Etiology of addiction and co-occurring disorders and the impact of co-occurring substance use disorders on medical and psychological disorders;

††††† (iv) Etiology, the diagnostic process and nomenclature, treatment, referral, and prevention of mental and emotional disorders; and

††††† (v) Principles, models, and documentation formats of biopsychosocial case conceptualization and treatment planning;

††††† h. Research and evaluation is a course that provides an understanding of types of research methods, basic statistics, and ethical and legal consideration in research. Coursework includes the following:

††††† (i) Basic types of research methods to include qualitative and quantitative research designs;

††††† (ii) Basic parametric and nonparametric statistics;

††††† (iii) Principles, practices, and applications of needs assessment and program evaluation;

††††† (iv) Uses of computers for data management and analysis; and

††††† (v) Ethical and legal considerations;

††††† i. Professional orientation to counseling is a course that provides an understanding of the professional counselor profession and provides an understanding of all aspects of professional functioning, including history, roles, organizational structures, ethics, standards, and credentialing. Coursework includes the following:

††††† (i) History of the counseling profession, including significant factors and events;

††††† (ii) Professional roles and functions of counselors, including similarities and differences with other types of professionals;

††††† (iii) Professional organizations (primarily the American Counseling Association (ACA), its divisions, branches, and affiliates), including membership benefits, activities, services to members, and current emphases;

††††† (iv) Ethical standards of the National Board of Certified Counselors (NBCC) or the ACA and related ethical and legal issues, and the applications to various professional activities (e.g., appraisal, group work);

††††† (v) Professional counselor preparation standards, the evolution and current applications;

††††† (vi) Professional counselor credentialing, including counselor certification, licensure, and accreditation practices and standards, and the effects of public policy on these issues; and

††††† (vii) Public policy processes, including the role of the professional counselor in advocating on behalf of the profession and its clientele; and

††††† j.[i.] Practicum or internship experiences shall be for a minimum of two (2) semester courses and provide supervised counseling experience in an appropriate clinical setting, which includes the following:

††††† (i) 600 clock hours of total experience;

††††† (ii) At least 240 clock hours of direct service, including experience leading groups;

††††† (iii) Weekly interaction that averages one (1) hour per week of individual or triadic supervision throughout the internship, usually performed by the onsite supervisor;

††††† (iv) An average of one and one-half (1 1/2) hours per week of group supervision provided on a regular schedule throughout the internship and performed by a licensed program faculty member;

††††† (v) The opportunity for the student to become familiar with a variety of professional activities and resources in addition to direct service (e.g., record keeping, assessment instruments, supervision, information and referral, in-service and staff meetings);

††††† (vi) The opportunity for the student to develop program-appropriate audio or video recordings for use in supervision or to receive live supervision of his or her interactions with clients; and

††††† (vii) Evaluation of the studentís counseling performance throughout the internship, including documentation of a formal evaluation after the student completes the internship by a program faculty member in consultation with the site supervisor;

††††† 5. Submit the results of a background check performed within the last ninety (90) days by the Kentucky State Police and a criminal background check performed by the Federal Bureau of Investigation. If an applicant submits an application for a nationwide criminal background investigation check performed by the Federal Bureau of Investigation (FBI) and the FBI cannot complete the background investigation check within thirty (30) days of the request, an applicant may submit an Optional Affidavit for Licensure and submit the performed nationwide criminal background investigation check within fourteen (14) days of its completion. If an applicant has a felony conviction during the applicant's lifetime, a misdemeanor conviction within the past five (5) years or a pending charge, the applicant shall not use the optional affidavit; and

††††† 6. Submit a copy of the course description or syllabi for the courses taken to satisfy KRS 335.525(1)(d) or 335.527(1)(c) if the degree in counseling or the degree in a related field is not from a CACREP accredited institution.

††††† (b) If applying for licensure via endorsement for reciprocity, an applicant shall:

††††† 1. Meet the requirements in paragraph (a)1. and 2. of this subsection; and

††††† 2. Submit an official transcript.

††††† (2) Each applicant for licensure as a licensed professional counselor associate shall:

††††† (a) Submit an Application for Licensed Professional Counselor Associate to the board;

††††† (b) Pay the fee as established in 201 KAR 36:020;

††††† (c) Submit an official transcript;

††††† (d) Satisfy the requirements of subsection (1)(a)4. of this section;

††††† (e) Submit the results of a background check performed within the last ninety (90) days by the Kentucky State Police and a criminal background check performed by the Federal Bureau of Investigation. If an applicant submits an application for a nationwide criminal background investigation check performed by the Federal Bureau of Investigation (FBI) and the FBI cannot complete the background investigation check within thirty (30) days of the request, an applicant may submit an Optional Affidavit for Licensure and submit the performed nationwide criminal background investigation check within fourteen (14) days of its completion. If an applicant has a felony conviction during the applicant's lifetime, a misdemeanor conviction within the past five (5) years or a pending charge, the applicant shall not use the optional affidavit; and

††††† (f) Submit a copy of each syllabi for the courses taken to satisfy KRS 335.525(1)(d) or 335.527(1)(a) if the degree in counseling or degree in a related field is not from a CACREP accredited institution.

 

††††† Section 5. (1) An applicant for licensure shall be of good moral character. If an applicant lacks good moral character, the applicant has the duty to provide available evidence relative of rehabilitation.

††††† (2) For evidence relative of rehabilitation, the board shall consider evidence such as the successful completion of probation, the years since the incident without additional incidents, and the successful completion of inpatient or outpatient treatment.

††††† (3) If the board finds that an applicant has not provided sufficient evidence of rehabilitation then the board may deny the application.

 

††††† Section 6. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "Application for Licensed Professional Clinical Counselor", January 2017;[and]

††††† (b) Application for "Licensed Professional Counselor Associate", January 2017; and

††††† (c) "Optional Affidavit for Licensure", June 2017.

††††† (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 C. WESLEY, Chairperson

††††† APPROVED BY AGENCY: July 13, 2017

††††† FILED WITH LRC: July 13, 2017 at 11 a.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 31, 2017, at 11:00 a.m. 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 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 August 31, 2017. Send written notification of intent to attend the public hearing or submit written comments on the proposed administrative regulation to:

††††† CONTACT PERSON: Kayla Mann, Board Administrator, Division of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40602, phone (502) 782-8803, fax (502) 696-5836, email kayla.mann@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Kayla Mann

††††† (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 establishes an option for an applicant, who does not have a criminal history to submit an optional affidavit while waiting for FBI background check to be completed. The amendment also incorporated the optional affidavit to be used.

††††† (b) The necessity of the amendment to this administrative regulation: This amendment is necessary because it presently takes several months for a FBI background check to be completed.

††††† (c) How the amendment conforms to the content of the authorizing statutes: The amendment is in conformity with KRS 335.515(1), (3), 335.500, 335.525(1)(c), (d), (f), 335.527(1)(a).

††††† (d) How the amendment will assist in the effective administration of the statutes: The amendment will eliminate the delay in a qualified applicant becoming licensed.

††††† (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: An applicant will have to submit a criminal background check and syllabi.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There will be a cost of obtaining a criminal background check, which the board understands to be between $10 and $50.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The benefit will be expediting application decisions without the need to defer to the next month so the board can obtain additional information.

††††† (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? 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 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.

††††† (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: