Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
309.0813(5) and (12),
309.0830, 309.0834
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
309.0813(5) requires the
board to promulgate administrative regulations to define the process to
register with the board as a registered alcohol and drug peer support
specialist, certified alcohol and drug counselor associate I, certified alcohol
and drug counselor associate II, certified alcohol and drug counselor, licensed
alcohol and drug counselor, licensed clinical alcohol and drug counselor
associate, licensed clinical alcohol and drug counselor, and certified clinical
supervisor.
KRS
309.0813(1) requires the
board to promulgate administrative regulations for the administration and
enforcement of
KRS
309.080 through
309.089.
This administrative regulation allows credential holders to place their
credentials in voluntary inactive status or retired for a period of time if
they do not intend to actively practice alcohol and drug counseling or alcohol
and drug peer support services in the Commonwealth of Kentucky.
Section 1. Conditions for Application for
Voluntary Inactive Status.
(1) Voluntary
inactive status shall be for the credential holder who is currently not working
as a peer support specialist or an alcohol and drug counselor, yet plans to
return to providing peer support services or alcohol and drug
counseling.
(2) The Kentucky Board
of Alcohol and Drug Counselors shall grant inactive status if one (1) or more
of the following conditions apply:
(a) Medical
problems;
(b) Maternity or
paternity;
(c) Education;
(d) Military service; or
(e) Family or personal issues.
Section 2. Instructions
for Application for Voluntary Inactive Status.
(1) A credential holder, including a
temporary credential holder, desiring inactive status shall send a letter of
request to the office of the Kentucky Board of Alcohol and Drug Counselors and
include the following information:
(a) Current
home address and telephone number;
(b) Reason for request;
(c) Final date of employment providing peer
support services or alcohol and drug counseling;
(d) Final date of supervision;
(e) Anticipated date of return to employment
providing peer support services or alcohol and drug counseling; and
(f) Nonrefundable enrollment fee of fifty
(50) dollars as established in
201 KAR
35:020, Section 7.
(2) The request for voluntary inactive status
shall be placed on the agenda of the next regularly-scheduled meeting of the
Kentucky Board of Alcohol and Drug Counselors for consideration.
(3) The applicant shall be notified of the
board's decision no later than two (2) weeks after the board's
meeting.
Section 3.
Terms and Responsibilities.
(1) While on
voluntary inactive status, an individual shall continue to receive bulletins,
newsletters, and other communications from the Kentucky Board of Alcohol and
Drug Counselors.
(2) A counselor
on voluntary inactive status shall not practice or use the title or initials of
a counselor or supervisor such as, TCADC, Associate I, Associate II, CADC,
LCADCA, LCADC, or CCS.
(3) A peer
support specialist on voluntary inactive status shall not practice or use the
initials or title of a registered peer support specialist such as, TRADPSS or
RADPSS.
(4) Individuals on
voluntary inactive status shall not be eligible for reciprocity.
(5) Individuals on voluntary inactive status
shall comply with the Kentucky Code of Ethics as established in
201 KAR
35:030.
(6) The voluntarily inactive individual shall
notify the Kentucky Board of Alcohol and Drug Counselors prior to returning to
work providing peer support services, alcohol and drug counseling, or clinical
supervision and pay the reactivation fee established in
201 KAR
35:020, Section 7.
(7) Failure to notify the board prior to
returning to employment shall constitute a violation of the Kentucky Board of
Alcohol and Drug Counselors Code of Ethics in
201 KAR 35:030,
and shall result in referral to the board for investigation, in accordance with
the procedures established in 201 KAR Chapter 35.
(8) A credential holder may remain on
inactive status for two (2) years, unless an extension of time is
granted.
(9) The two (2) year
period of inactive status shall begin when the board grants the request for
inactive status.
(10) A credential
holder may request one (1) extension of time of two (2) years by submitting to
the board a written request to continue on inactive status and an explanation
of the reason for the request.
(11)
If the credential holder does not submit a request for extension of the
inactive status or fails to reactivate the credential before the end of the
inactive status, the credential shall expire.
Section 4. Reactivation.
(1) Individuals requesting reactivation of
their registration, certification, or licensure status shall send a letter of
request to the office of the Kentucky Board of Alcohol and Drug Counselors and
shall include:
(a) Current home
address;
(b) Current e-mail
address;
(c) Description of change
of circumstances allowing active participation in the field;
(d) Address of employing agency, if
applicable;
(e) Submission of proof
of attendance of continuing education as required by
201 KAR
35:040; and
(f) Nonrefundable reactivation fee as
established in
201 KAR
35:020, Section 7(3).
(2)
(a) A
request for reactivation shall be considered at the next regularly scheduled
meeting of the Kentucky Board of Alcohol and Drug Counselors.
(b) The applicant shall be notified within
two (2) weeks of the board's decision.
Section 5. Conditions for Retired Status.
(1) Except for an individual issued a
temporary registration or certification, a certified alcohol and drug counselor
associate I, a certified alcohol and drug counselor associate II, or a license
as a clinical alcohol and drug counselor associate, retired status shall be
granted to a credential holder who meets the criteria established in this
section upon written request to the board.
(2) The board may grant retired status to a
credential holder submitting a written request if that individual:
(a) Suffers a physical or mental disability
or illness that renders the credential holder unable to provide peer support
services or practice alcohol and drug counseling; or
(b) Has retired from providing peer support
services or the practice of alcohol and drug counseling in all jurisdictions
and is not conducting an active practice in any jurisdiction.
(3) A credential holder granted
retired status by the board shall:
(a) Not be
required to meet the continuing education requirements under
201 KAR
35:030;
(b) Be relieved of the obligation to pay the
renewal and penalty fees under
201 KAR
35:020, Section 4 and the inactive status fees under
201 KAR
35:020, Section 7; and
(c) Use the designation "-R" at the end of
the acronym for the appropriate credential such as, RADPSS-R, CADC-R, LADC-R,
LCADC-R, or CCS-R.
(4) A
credential holder who retires and later seeks reinstatement shall meet
applicable current initial registration, certification, or licensure
requirements as established in
KRS
309.083 through
309.0833,
201 KAR
35:025,
201 KAR
35:050, and
201 KAR
35:070.
STATUTORY AUTHORITY:
KRS
309.0813(1)