Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
335.515(12),
335B.020,
12.245,
12.255,
12.357
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
335.515(1) requires the
board to evaluate the qualifications of applicants for licensure.
KRS
335.515(3) requires the
board to promulgate administrative regulations to carry out and enforce the
provisions of KRS
335.500 to
335.599.
KRS
335.515(12) authorizes the
board to enter into reciprocal agreements with certified or licensed
professional counseling boards. This administrative regulation establishes the
reciprocity requirements for certification or licensure of persons licensed or
certified in another state.
Section 1.
(1) The licensing requirements for a licensed
professional clinical counselor under
KRS
335.525 or
335.527 may be waived if:
(a) The board enters into a written
reciprocity agreement with the other jurisdiction;
(b) The other jurisdiction grants the same
privileges to licensees of Kentucky as Kentucky grants to licensees of that
other jurisdiction;
(c) The board
determines that the licensing requirements of the other jurisdiction are
substantially similar to the requirements of
KRS
335.500 to
335.599;
(d) The applicant holds an active valid
license or certificate in the other jurisdiction;
(e) The applicant is in good standing in the
other jurisdiction;
(f) The
applicant has not been disciplined or reprimanded;
(g) The applicant:
1. Does not have a pending disciplinary
action; or
2. Is not under
investigation by any jurisdiction; and
(h) The applicant is of good moral
character.
(2) A person
shall not be licensed as a licensed professional associate through
reciprocity.
Section 2.
An applicant seeking licensure as a licensed professional clinical counselor
shall:
(1) Submit an Application for Licensed
Professional Clinical Counselor by Reciprocity to the board;
(2) Pay the application fee as established in
201 KAR 36:020, Section
1(1);
(3) Submit a letter of good
standing from each jurisdiction where the person holds a license or
certificate; and
(4) Submit the
results of a background check performed within the last ninety (90) days from
the submission date of the application for a criminal background check
performed by the Federal Bureau of Investigation (FBI). Any cases officially
expunged shall not have to be disclosed by the applicant and shall not be
considered by the board as a conviction for the purposes of this
subsection.
Section 3. An
applicant granted a license under this administrative regulation shall comply
with the continuing education requirements under
201 KAR 36:030 and the renewal
requirements of
201 KAR 36:075.
Section 4.
(1) The board, by majority vote and during a
board meeting, shall determine if the licensing requirements of another
jurisdiction are substantially similar to the requirements of
KRS
335.500 to
335.599.
(2) The board may only approve a reciprocity
agreement with another jurisdiction if Section 1(1)(a), (b), and (c) of this
administrative regulation are satisfied.
(3) The board shall publish the determination
and approval of a reciprocity agreement in its board
minutes.
Section 5.
Incorporation by Reference.
(1) "Application
for Licensed Professional Clinical Counselor by Reciprocity", DPL-LPC-06,
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, Monday
through Friday, 8 a.m. to 4:00 p.m. This material is also available on the
board's Web site at lpc.@ky.gov.
STATUTORY AUTHORITY:
KRS
335.515(1), (3),
(12)
