Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
309.080,
309.0805,
309.081,
309.0813,
309.084,
309.085,
309.086,
309.087,
309.089,
309.0830, 309.0834
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
309.0813 requires the Kentucky Board of
Alcohol and Drug Counselors to promulgate administrative regulations for the
administration and enforcement of
KRS
309.080 to
309.089
and for establishing requirements for alcohol and drug counselors, certified
clinical supervisors, and peer support specialists. This administrative
regulation establishes definitions of terms used by the board in administrative
regulations pertaining to the administration and enforcement of
KRS
309.080 to
309.089,
cre-dentialing of alcohol and drug counselors, certified clinical supervisors,
and peer support specialists.
Section
1.
(1) "Academic course" means a
course that is offered by a postsecondary institution accredited by a
recognized accreditation agency and that is:
(a) An alcohol and drug counseling course,
designated by title or content; or
(b) An academic course, relevant to alcohol
and drug counseling.
(2)
"Applicant" means an individual who has applied for temporary registration,
registration, temporary certification, certification, or licensure in
accordance with
KRS
309.084 or a credential holder renewing a
credential in accordance with
KRS
309.085.
(3) "Approved" means recognized by the
Kentucky Board of Alcohol and Drug Counselors.
(4) "Board" is defined by
KRS
309.080(1).
(5) "Certified alcohol and drug counselor
associate I" is defined by
KRS
309.080(2).
(6) "Certified alcohol and drug counselor
associate II" is defined by
KRS
309.080(3).
(7) "Certified alcohol and drug counselor" is
defined by
KRS
309.080(4).
(8) "Certified clinical supervisor" is
defined by
KRS
309.080(5).
(9) "Chair" means the chairperson or
vice-chairperson of the board.
(10)
"Charge" means a specific allegation contained in a formal complaint, as
established in subsection (15) of this section, issued by the board alleging a
violation of a specified provision of KRS Chapter 309, the administrative
regulations promulgated thereunder, or another state or federal statute or
regulation.
(11) "Classroom hour"
means an academic hour from an accredited institution or continuing education
hour.
(12) "Client" means:
(a) An individual, family, or group who
directly receives services from an alcohol and drug counselor or peer support
specialist;
(b) A corporate entity
or other organization if the contract is to provide an alcohol and drug
counselor or peer support specialist service of benefit directly to the
corporate entity or organization; or
(c) A legal guardian who is responsible for
making decisions relative to the provision of services for a minor or legally
incompetent adult.
(13)
"Clinical supervision" means a disciplined, tutorial process wherein principles
are transformed into practical skills, with four (4) overlapping foci:
administrative, evaluative, clinical, and supportive.
(14) "Clinical supervisor" means:
(a) A certified alcohol and drug counselor
who:
1. Has at least two (2) years of
post-certification experience;
2.
Has attended the board-sponsored supervision training;
3. Provides supervision; and
4. Has a credential that is currently in good
standing with the board; or
(b) A licensed clinical alcohol and drug counselor who:
1.
a. Has
at least twelve (12) months of post-licensure experience; or
b. Has attended the board-sponsored
supervision training;
2.
Who provides supervision; and
3.
Has a credential that is currently in good standing with the
board.
(15)
"Complaint" means a written allegation of misconduct by a credentialed
individual or another person, alleging a violation of:
(a)
KRS
309.080 to
309.089;
(b) Administrative regulations promulgated in
accordance with
KRS
309.080 to
309.089;
(c) Another state or federal statute or
regulation; or
(d) A combination of
paragraphs (a), (b), or (c) of this subsection.
(16) "Complaint screening committee" means a
committee that reviews complaints, investigates reports, participates in
informal proceedings to resolve a formal complaint, and consists of up to three
(3) board members appointed by the chair.
(17) "Continuing education hour" means fifty
(50) clock minutes of participating in a continuing education
experience.
(18) "Credential
holder" means a person who has a credential issued by the board pursuant to
KRS
309.080 to
309.089.
(19) "Disciplinary action" means to:
(a) Revoke, suspend, place on probation, or
restrict the credential holder; and
(b) Publicly reprimand, publicly admonish, or
fine.
(20) "Education
program" means an organized learning experience:
(a) Planned and evaluated to meet behavioral
objectives; and
(b) Presented in
one (1) session or in a series.
(21) "Informal proceedings" means the
proceedings instituted at any stage of the disciplinary process with the intent
of reaching a resolution of a matter without further recourse to formal
disciplinary procedures under KRS Chapter 13B.
(22) "Investigator" means an individual
designated by the board to assist the board in the investigation of a complaint
or an investigator employed by the board.
(23) "Licensed alcohol and drug counselor" is
defined by
KRS
309.080(7).
(24) "Licensed clinical alcohol and drug
counselor" is defined by
KRS
309.080(8).
(25) "Licensed clinical alcohol and drug
counselor associate" is defined by
KRS
309.080(9).
(26) "Licensee" is defined by
KRS
309.080(10).
(27) "Provider" means an organization
approved by the Kentucky Board of Alcohol and Drug Counselors for providing
continuing education programs.
(28)
"Registered alcohol and drug peer support specialist" is defined by
KRS
309.080(12).
(29) "Registrant" is defined by
KRS
309.080(13).
(30) "Relevant" means having content
applicable to the practice of alcohol and drug counseling in accordance with
the requirements of
201 KAR
35:040, Section 3(2).
(31) "Work experience" means the hours spent
performing the services, tasks, and reports necessary for providing counseling,
intervention, or support services to a person with a substance use disorder or
that person's significant others.