Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
335.010-335.160,
335.990
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
335.070(1) requires the
board to administer and enforce the provisions of
KRS
335.010 to
335.160 and
335.990, and to evaluate and
approve the qualifications of applicants for licensure.
KRS
335.070(3) authorizes the
board to promulgate administrative regulations to carry out the provisions of
KRS
335.010 to
335.160 and
335.990, including establishing
requirements for license renewal.
KRS
335.070(6) authorizes the
board to renew licenses.
KRS
335.130 authorizes fees. This administrative
regulation establishes the requirements for license renewal, expiration,
termination, and reinstatement of a license to engage in the practice of social
work.
Section 1. Definitions.
(1) "Expiration" means the license has not
been renewed.
(2) "Grace period"
means the time allowed to renew after the expiration date of the
license.
(3) "Licensee" means a
person licensed under
KRS
335.010 through
335.160 as:
(a) A certified social worker;
(b) A licensed social worker; or
(c) A licensed clinical social
worker.
(4)
"Reinstatement" means the reinstatement of a license due to an action of the
board.
(5) "Renewal" means renewing
by the expiration date of the license.
(6) "Termination" means the expiration of the
license because of disciplinary action in accordance with
201 KAR 23:150.
Section 2. Renewal.
(1)
(a)
Pursuant to KRS
335.130(1), a licensee shall
renew the licensee's license on a three (3) year basis to continue practicing
social work in Kentucky.
(b) The
three (3) year renewal cycle shall be calculated based on the date of the
issuance of the initial license.
(2) An Application for Renewal shall be
submitted with the appropriate fee and continuing education requirements as
established in
201 KAR 23:020 and
201 KAR 23:075.
(3) A licensee shall update the licensee's
contact information with the board within ten (10) days of the changes by:
(a) The United States Postal
Service;
(b) Email;
(c) Hand; or
(d) The self-service portal via the board's
Web site at bsw.ky.gov.
(4) Each licensee shall maintain current
contact information with the board, which includes, name, physical address,
phone number (business or personal), and email address (business or
personal).
Section 3.
Grace Period. If a licensee reapplies after the date of expiration and before
the three (3) months, the licensee shall:
(1)
Cease and desist the practice of social work immediately;
(2) Submit an Application for Renewal along
with documentation of completed continuing education requirements pursuant to
201 KAR 23:075, Section
2;
(3) Pay a penalty of
$100;
(4)
(a) Submit official documentation of
employment beginning with the date of expiration of the license; and
(b) Submit the job description with an
affirmation that the practice of social work had not taken place during or
after the end date of the license and ceased when discovered during the grace
period of the renewal of the license;
(5) If reimbursement for services occurred
during the grace period, the licensee shall reconcile the matter with the
licensee's employer or each specific payer; and
(6) Upon payment of the license renewal fee
and the late renewal penalty, the date of the license will be retroactive to
the date of expiration.
Section
4. Expiration and Termination.
(1) If a licensee has not renewed the
licensee's license at the end of three (3) months, the license shall be
considered expired, and the licensee shall submit a new application in
accordance with existing requirements for initial applicants under KRS Chapter
335 and 201 KAR Chapter 23.
(2)
(a) Section 3(5) of this administrative
regulation is applicable to this section; and
(b) If a licensee is subject to disciplinary
action and the result of that action is revocation of the license or an
agreement to surrender the license as if revoked, the licensee's license shall
be terminated effective the date of the action.
Section 5. Reinstatement.
(1) The board may reinstate a license from
disciplinary action in accordance with
201 KAR 23:150.
(2) The board's reinstatement shall be based
on:
(a) The request by the former
licensee;
(b) The length of time
the license was inactive; and
(c)
Any extenuating circumstance creating the need for reinstatement that shall be
made in writing to the board by the licensee, but shall not be related to
disciplinary action or renewal of the license.
(3) The board may require an application fee
in accordance with existing requirements for initial applicants under KRS
Chapter 335 and 201 KAR Chapter 23 at the time of reinstatement.
(4) The board shall set the date of
reinstatement for license renewal.
Section 6. Incorporation by Reference.
(1) "Application For Renewal", 01/2023, is
incorporated by reference.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Kentucky Board of Social Work, 125 Holmes St Suite 310, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is
also available on the board's Web site at bsw.ky.gov.
STATUTORY AUTHORITY:
KRS
335.070(1), (3),
(9)