Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
314.085
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
314.085 authorizes the board to designate
evaluators to perform chemical dependency or mental health evaluations. This
administrative regulation establishes the standards that evaluators must meet
to be approved by the board to conduct its required evaluations.
Section 1. Approved Evaluators for Chemical
Dependency or Mental Health Evaluations.
(1)
The board shall maintain a list of evaluators who are approved to perform
chemical dependency or mental health evaluations ordered pursuant to
KRS
314.085.
(2)
(a) To
be placed on this list, an evaluator shall submit evidence to the board that
the person is able to comply with the standards set out in this administrative
regulation.
(b) The evaluator shall
submit:
1. A curriculum vitae;
2. A copy of a current credential;
and
3. The current address and
telephone number of the evaluator's practice.
(3) The board shall issue a letter of
approval to an evaluator who complies with subsection (2) of this
section.
Section 2.
Individual Evaluator Standards.
(1) An
evaluator shall have documented training and experience in the specialty area
of chemical dependency or mental health.
(2) An evaluator shall be licensed or
certified as one of the following:
(a)
Psychiatrist;
(b) Physician
addictionologist;
(c)
Psychologist;
(d) Advanced practice
registered nurse;
(e) Certified
alcohol and drug counselor;
(f)
Certified chemical dependency evaluator;
(g) Social worker;
(h) Employee assistance program specialist;
or
(i) Marriage and family
therapist.
(3) An
evaluator whose license or certification is not listed in subsection (2) of
this section may request approval and be accepted if the evaluator can show
evidence that his or her license or certification includes training in chemical
dependency or mental health.
(4) An
evaluator shall maintain resources for referral for treatment if the evaluator
does not provide treatment services.
(5) An evaluator shall disclose fees for
services prior to performing the evaluation.
(6) An approved evaluator shall update his or
her evidence of compliance with these standards at least every two (2)
years.
(7) An evaluator may
voluntarily request removal from the list by submitting a written notice to the
board.
Section 3.
Evaluation Standards. An evaluation shall include the following components:
(1) Social history;
(2) Status of chemical dependency, if it is a
chemical dependency evaluation;
(3)
Psychological status;
(4) Results
of any testing performed;
(5)
Recommendations regarding the need for any further treatment or further
evaluations;
(6) Assessment of the
nurse's ability to function safely;
(7) Any parameters under which the nurse can
practice nursing, if applicable;
(8) Recommendations for any work restrictions
or monitoring reports; and
(9) Any
other relevant information.
Section
4. Removal of Approval. The board may withdraw its letter of
approval to an evaluator who:
(1) Fails to
comply with Section 2(2) through (6) of this administrative
regulation;
(2) Has disciplinary
action taken against his or her license or credential;
(3) Has been convicted of a misdemeanor or
felony;
(4) Fails to provide an
evaluation in conformity with Section 3 of this administrative regulation;
or
(5) Fails to provide for the
confidentiality of patient information.
STATUTORY AUTHORITY:
KRS
314.131