Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 13B, 194A.540, 210.366, 335.500-335.599
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
210.366 requires a board licensee to complete
a minimum of six (6) hours of continuing education in suicide assessment,
treatment, and management every six (6) years.
KRS
335.515(3) and (6) require
the board to promulgate an administrative regulation requiring a licensee to
complete continuing education requirements as a condition of renewal of his or
her license. This administrative regulation establishes the requirements for
continuing education and prescribes methods and standards for the accreditation
of continuing education courses.
Section
1. Accrual of Continuing Education Hours.
(1) A minimum of ten (10) continuing
education hours shall be accrued by each person holding a license during the
annual period for renewal.
(2) All
continuing education hours shall be in or related to the field of professional
counseling.
(3) A person holding a
license shall complete a minimum of three (3) hours of continuing education in
domestic violence within three (3) years of initial licensure, as required by
KRS
194A.540. A person holding a license who
teaches the board-approved training shall be deemed to have completed this
requirement.
(4) A person holding a
license shall complete a minimum of six (6) hours of continuing education in a
course in suicide assessment, treatment, and management within the first three
(3) years of initial licensure and every six (6) years of licensure thereafter
as required by KRS
210.366. A person holding a license who
teaches the board-approved training shall be deemed to have completed this
requirement.
(5) A person holding a
license shall complete a minimum of three (3) hours of continuing education on
the law for regulating professional counseling,
KRS
335.500 to
335.599 and 201 KAR Chapter 36,
every three (3) years of licensure. A person holding a license who teaches the
board-approved training shall be deemed to have completed this
requirement.
(6) All mandatory
trainings on domestic violence; suicide assessment, treatment and management;
and Kentucky law shall be approved by the Board and any program offered by a
general continuing education provider listed in Section 2(1)(a) shall be
submitted to the board for approval.
Section 2. Methods of Acquiring Continuing
Education Hours. Continuing education hours applicable to the renewal of the
license shall be directly related to the professional growth and development of
the licensee's practice of professional counseling. The hours may be earned by
completing any of the educational activities established in this section.
(1) Programs not requiring board review and
approval. A general continuing education program shall be approved without
further review by the board if it is:
(a)
Sponsored or approved by:
1. The American
Counseling Association, or any of its affiliated branches or
divisions;
2. The Kentucky
Counseling Association, or any of its affiliated chapters or
divisions;
3. The National Board
for Certified Counselors; or
4. A
state counseling licensure board; or
(b) An academic course offered by a
CACREP-accredited counseling program. Academic credit equivalency for
continuing education hours shall be fifteen (15) continuing education hours for
each one (1) academic credit hour.
(2) Supervision training under
201 KAR 36:065, Section 1(3)
shall be pre-approved by the board, and presented by the board or an instructor
who is licensed by the board as a Licensed Professional Clinical Counselor -
Supervisor (LPCC-S).
(3) The
continuing education program on the law for regulating professional counseling,
KRS
335.500 to
335.599 and 201 KAR Chapter 36,
shall be presented by the board, an instructor who is licensed by the board, or
an attorney who demonstrates knowledge of
KRS
335.500 to
335.599 and 201 KAR Chapter 36
in the Continuing Education Program Application.
Section 3. Procedures for Approval of
Continuing Education Programs by a Licensee. To obtain board approval, a
licensee shall submit:
(1) A published course
or similar description;
(2) The
names and qualifications of the instructors;
(3) A copy of the program agenda indicating
hours of education, coffee breaks, and lunch breaks, which also states the
specific time when each topic of the program is being presented;
(4) The number of continuing education hours
requested;
(5) An official
certificate of completion or college transcript from the sponsoring agency or
college;
(6) The Continuing
Education Program Application;
(7)
The application review fee established in
201 KAR 36:020 Section 3;
and
(8) A copy of the course
evaluation.
Section 4.
Procedures for Preapproval of Continuing Education Programs by Providers.
(1) Any provider seeking to obtain approval
of a continuing education program shall apply to the board at least sixty (60)
days in advance of the commencement of the program, and shall provide:
(a) A published course or similar
description;
(b) The names and
qualifications of the instructors;
(c) A copy of the program agenda indicating
hours of education, coffee breaks, and lunch breaks, which states the specific
time when each topic of the program is being presented;
(d) The number of continuing education hours
requested;
(e) An official
certificate of completion or college transcript from the sponsoring agency or
college;
(f) The Continuing
Education Program Application;
(g)
A copy of the course evaluation; and
(h) The application review fee established in
201 KAR 36:020 Section
3.
(2) A continuing
education activity shall be qualified for approval if the board determines the
activity being presented:
(a) Is an organized
program of learning;
(b) Pertains
to subject matters, which integrally relate to the practice of professional
counseling;
(c) Contributes to the
professional competency of the licensee; and
(d) Is conducted by individuals who have
educational training or experience acceptable to the board.
Section 5.
Responsibilities and Reporting Requirements of a Licensee.
(1) During the licensure renewal period, up
to fifteen (15) percent of all licensees shall be selected at random by the
board and required to furnish documentation of the completion of the
appropriate number of continuing education hours. Verification of continuing
education hours shall not otherwise be reported to the board.
(2) A licensee shall:
(a) Be responsible for obtaining required
continuing education hours;
(b)
Identify his or her own continuing education needs and seek activities that
meet those needs;
(c) Seek ways to
integrate new knowledge, skills, and attitudes;
(d) Select approved activities by which to
earn continuing education hours;
(e) At the time of renewal, list the
continuing education hours obtained during that licensure renewal
period;
(f) Document attendance,
participation in, and successful completion of continuing education activity
for a period of one (1) year from the date of the renewal; and
(g) Maintain records of continuing education
hours.
(3) The following
items may be used to document continuing education activity:
(a) Transcript;
(b) Certificate; or
(c) Affidavit signed by the
instructor.
(4) Failure
to comply with this administrative regulation shall constitute a violation of
KRS
335.540(1)(b) and shall
result in sanctions in accordance with
KRS
335.540(1).
Section 6. Responsibilities and
Reporting Requirements of Providers and Sponsors.
(1) A provider of continuing education not
requiring board approval shall be responsible for providing documentation
directly to the licensee, as established in Section 5(3) of this administrative
regulation.
(2) A sponsor of
continuing education requiring board approval shall be responsible for
submitting a course offering to the board for review and approval before
listing or advertising that offering as approved by the board.
Section 7. Board to Approve
Continuing Education Hours; Appeal of Denial.
(1) If an application for approval of
continuing education hours is denied, in whole or part, the continuing
education course provider or licensee shall have the right to appeal the
board's decision.
(2) An appeal
shall be:
(a) In writing;
(b) Received by the board within thirty (30)
days after the date of the decision denying approval of continuing education
hours; and
(c) Conducted in
accordance with KRS Chapter 13B.
Section 8. Waiver or Extensions of Continuing
Education.
(1) On application, the board may
grant a waiver of the continuing education requirements or an extension of time
within which to fulfill the requirements in the following cases:
(a) Medical disability of the
licensee;
(b) Illness of the
licensee or an immediate family member; or
(c) Death or serious injury of an immediate
family member.
(2) A
written request for waiver or extension of time involving medical disability or
illness shall be:
(a) Submitted by the person
holding a license; and
(b)
Accompanied by a verifying document signed by a licensed physician.
(3) A waiver of or extension of
time within which to fulfill the minimum continuing education requirements
shall not exceed one (1) year.
(4)
If the medical disability or illness upon which a waiver or extension has been
granted continues beyond the period of the waiver or extension, the person
holding a license shall reapply for the waiver or extension.
Section 9. Continuing Education
Requirements for Reinstatement or Reactivation of License.
(1)
(a)
Except as provided by paragraph (b) of this subsection, a person requesting
reinstatement or reactivation of a license shall submit evidence of ten (10)
hours of continuing education completed within one (1) year prior to the filing
of the application for reinstatement or reactivation.
(b) Upon request by the applicant, the board
may permit the applicant to resume practice if ten (10) hours of continuing
education is obtained within ninety (90) days of the date on which the
applicant is approved to resume practice.
(2) The continuing education hours received
in compliance with this section shall be in addition to the continuing
education requirements established in Section 1 of this administrative
regulation and shall not be used to comply with the requirements of that
section.
Section 10.
Hours required to satisfy the continuing education requirement shall be
completed on or before the renewal date established in
201 KAR 36:075, Section 1.
Failure to complete the continuing education requirement in Section 1 of this
administrative regulation by the renewal date of a license shall require the
applicant to submit a reinstatement application in accordance with
201 KAR 36:075.
Section 11. Incorporation by Reference.
(1) "Continuing Education Course Application,
DPL-LPC-01", December 2023, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Board of Licensed
Professional Counselors, 500 Mero Street, Frankfort, Kentucky 40601, from 8:00
a.m. to 4:00 p.m., Monday through Friday. This material is also available on
the board's Web site at lpc.ky.gov.
STATUTORY AUTHORITY:
KRS
210.366,
335.515(3),
(6),
335.535(8)
