GENERAL GOVERNMENT CABINET

Board of Licensed Professional Counselors

(New Administrative Regulation)

 

      201 KAR 36:072. Reciprocity requirements for applicants licensed or certified in another state.

 

      RELATES TO: KRS 335.515(12)

      STATUTORY AUTHORITY: KRS 335.515(1), (3), (12)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.515(1) requires the board to evaluate the qualifications of applicants for licensure. 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 335.515(12) authorizes the board to enter into reciprocal agreements with certified or licensed professional counseling boards. This administrative regulation establishes the reciprocity requirements for certification or licensure of persons licensed or certified in another state.

 

      Section 1. (1) The licensing requirements for a licensed professional clinical counselor under KRS 335.525 or 335.527 may be waived if:

      (a) The board enters into a written reciprocity agreement with the other jurisdiction;

      (b) The other jurisdiction grants the same privileges to licensees of Kentucky as Kentucky grants to licensees of that other jurisdiction;

      (c) The board determines that the licensing requirements of the other jurisdiction are determined by the board to be substantially similar to the requirements of KRS 335.500 to 335.599;

      (d) The applicant holds an active valid license or certificate in the other jurisdiction;

      (e) The applicant shall be in good standing in the other jurisdiction;

      (f) The applicant shall not have been disciplined or reprimanded;

      (g) The applicant does not have a pending disciplinary action or under investigation by any jurisdiction; and

      (h) The applicant shall be of good moral character.

      (2) No person shall be licensed as a licensed professional associate through reciprocity.

 

      Section 2. An applicant seeking licensure as a licensed professional clinical counselor shall:

      (1) Submit an Application for Licensed Professional Clinical Counselor through Reciprocity to the board;

      (2) Pay the application fee as established in 201 KAR 36:020, Section 1(1);

      (3) Submit a letter of good standing from each jurisdiction where the person holds a license or certificate; and

      (4) Submit the results of a background check performed within ninety (90) days from the submission date of the application for 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.

 

      Section 3. An applicant granted a license under this administrative regulation shall comply with the continuing education requirements under 201 KAR 36:030 and the renewal requirements of 201 KAR 36:075.

 

      Section 4. (1) The board, by majority vote and during a board meeting, shall determine that the licensing requirements of another jurisdiction is substantially similar to the requirements of KRS 335.500 to 335.599.

      (2) The board may only approve a reciprocity agreement with another jurisdiction if Section 1(a), (b), and (c) of this administrative regulation is satisfied.

      (3) The board shall publish the determination and approval of a reciprocity agreement in its board minutes.

 

      Section 5. Incorporation by Reference. (1) The board incorporates "Application for Licensed Professional Clinical Counselor by Reciprocity", August 2017, by reference.

      (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: September 15, 2017

      FILED WITH LRC: September 15, 2017 at 11 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 26, 2017, at 11:00 a.m. at the Department for 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 October 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 persons: Kayla Mann; and Brian T. Judy, phone (502) 696-5630 fax (502) 564-6801, email brian.judy@ky.gov.

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes the reciprocity requirements for applicants licensed or certified in another state as a licensed clinical professional counselor or its equivalent.

      (b) The necessity of this administrative regulation: This administrative regulation enables the board to issue a license to an applicant if there is a reciprocity agreement with the jurisdiction where the licensee holds a license or certificate.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The amendment is in conformity with the Board’s delegated authority.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation specifies the reciprocity requirements for applicants licensed or certified in another state.

      (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: Not applicable

      (b) The necessity of the amendment to this administrative regulation: Not applicable

      (c) How the amendment conforms to the content of the authorizing statutes: Not applicable

      (d) How the amendment will assist in the effective administration of the statutes: Not applicable

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: There are presently 1640 licensed professional clinical counselors, 981 licensed professional clinical counselor associates. The board reviews approximately 400 to 500 applications for licensure as a licensed professional clinical counselor annually.

      (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 seeking licensure through reciprocity must complete the appropriate application and submit the required documents.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): It is estimated to cost between $150 to $250 dollar to obtain all necessary documents for licensure.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The benefit will be that it will provide more competent mental health professionals in Kentucky and reduce the amount of documentation needed to obtain licensure.

      (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), (12).

      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: