Current through Register Vol. 50, No. 9, March 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),
(6), and
335.535(8)
require the board to promulgate an administrative regulation requiring a
licensee to complete continuing education requirements as a condition of
renewal of his licensee. This administrative regulation delineates 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.
(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 year of licensure and
every six (6) years thereafter as required by
KRS
210.366.
(a) A person holding a license shall be
exempt from the requirement to complete a continuing education course in
suicide assessment, treatment, and management within the first year of
licensure if the counselor:
1. Graduated from
a Council for Accreditation of Counseling and Related Education Program since
2009; or
2. Completed a three (3)
semester hours graduate course in suicide and crisis assessment, prevention,
and intervention.
(b) A
person holding a license shall be exempt from the requirement to complete a
continuing education course in suicide assessment, treatment, and management if
the counselor satisfies one (1) of the following at least once per year during
the six (6) year periodic requirement:
1. Is
employed in a position that requires at least forty (40) hours of counseling in
suicide and crisis assessment, prevention, and intervention;
2. Teaches a graduate-level counseling course
in suicide and crisis assessment, prevention, and intervention; or
3. Teaches a continuing education course in
suicide and crisis assessment, prevention, and intervention.
(c) The continuing education
course in suicide assessment, treatment, and management shall be board approved
in accordance with Section 2 of this administrative regulation.
(d) An individual asserting an exemption of
the suicide assessment, treatment, and management course shall maintain
sufficient documentation to establish the exemption. Documentation listed in
Section 5(3) of this administrative regulation shall be sufficient to establish
the exemption.
(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. A person holding a license shall be exempt
from this requirement if the person:
(a)
Teaches a graduate-level course that includes
KRS
335.500 to
335.599 and 201 KAR
Chapter 36 during the three (3) year period; or
(b) Teaches a continuing education course on
KRS
335.500 to
335.599 and 201 KAR
Chapter 36 during the three (3) year period.
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. They may be earned by
completing any of the educational activities as established in this section.
(1) Programs not requiring board review and
approval.
(a) A continuing education program
from any of the following providers shall be approved without further review by
the board if it is:
1. Sponsored or approved
by:
a. The American Counseling Association, or
any of its affiliated branches or divisions;
b. The Kentucky Counseling Association, or
any of its affiliated chapters or divisions;
c. The American School Counselor Association
or any of its affiliated state chapters;
d. The National Board for Certified
Counselors; or
e. A state
counseling licensure board; or
2. An academic course offered by an
accredited post-secondary institution directly related to professional
counseling or counseling psychology.
(b) A continuing education program not
requiring board review and approval shall comply with the requirements of
subsection (3) of this section and Section 4 of this administrative
regulation.
(2) Programs
requiring board review and approval. For approval purposes, the board shall
review the following types of programs to determine relevancy:
(a) A program, approved by the board, of a
service provider, including a home study course or in-service training provided
by another organization or educational institution;
(b) A program or academic course presented by
the licensee. A presenter of relevant programs or academic courses may earn
full continuing education credit for each contact hour of instruction, except
the earned credit shall not exceed one-half (1/2) of the continuing education
renewal requirements. Credit shall not be issued for repeated instruction of
the same course; or
(c) An article
authored by the licensee that was published in a relevant, professionally
recognized or juried publication. Credit shall not be granted for an article
unless it was published within the one (1) year period immediately preceding
the renewal date and a licensee shall not earn more than one-half (1/2) of the
continuing education hours required for renewal. More than one (1) publication
shall not be counted during a renewal period.
(3)
(a)
Supervision training under
201
KAR 36:065, Section 1(3), shall be presented by an
instructor who is licensed by the board.
(b) 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 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.
(4) Academic credit equivalency
for continuing education hours shall be fifteen (15) continuing education hours
for every one (1) academic credit hour.
(5) A general education course, whether
elective or used to meet degree requirements, shall not be acceptable as
continuing education credit.
Section
3. Procedures for Approval of Continuing Education Programs. In
order to submit the course to the board for approval, the following shall be
submitted:
(1) A published course or similar
description;
(2) Names and
qualifications of the instructors;
(3) A copy of the program agenda indicating
hours of education, coffee, and lunch breaks. The agenda shall state the
specific time when each topic of the program is being presented;
(4) Number of continuing education hours
requested;
(5) Official certificate
of completion or college transcript from the sponsoring agency or
college;
(6) The Continuing
Education Program Application; and
(7) If a provider is seeking approval for a
continuing education course, an application review fee of twenty (20)
dollars.
Section 4.
Procedures for Preapproval of Continuing Education Sponsors and Programs.
(1) Sponsor approval. Any entity seeking to
obtain approval:
(a) Of a continuing education
program prior to its offering shall apply to the board at least sixty (60) days
in advance of the commencement of the program, and shall provide the
information required in Section 3 of this administrative regulation on an
annual basis for each program; or
(b) As a prior-authorized continuing
education provider under Section 2(1) of this administrative regulation, shall
satisfy the board that the entity seeking this status:
1. Consistently offers programs that meet or
exceed all the requirements set forth in Section 1(2) of this administrative
regulation; and
2. Does not exclude
a licensee from its programs.
(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 licen-sure 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 own continuing education needs and seek activities that meet those
needs;
(c) Seek ways to integrate
new knowledge, skills, and attitudes;
(d)
1.
Select approved activities by which to earn continuing education hours;
or
2. Submit to the board a request
for approval for continuing education activities not approved as required in
Section 2(2) of this administrative regulation;
(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;
(c) Affidavit signed by the instructor;
or
(d) Receipt for the fee paid to
the sponsor.
(4)
Compliance with the provisions of this administrative regulation. Failure to
comply shall constitute a violation of
KRS
335.540(1)(b) and shall
result in sanctions in accordance with
KRS
335.540(1).
(5) Documentation sent to the board prior to
renewal shall be returned to the licensee by regular mail.
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, as established in Section 5(3) of this
administrative regulation, directly to the licensee.
(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; and
(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 re-apply 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 of the filing of
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 Program
Application, KBLPC 007", June 2015 edition, 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, 911 Leawood Drive, Frankfort,
Kentucky 40601, Monday through Friday.
STATUTORY AUTHORITY:
KRS
210.366,
335.515(3),
(6),
335.535(8)
The
amended version of this section by
50
Ky.R. 882, 1664; eff. 2/16/2024 is not yet
available.