Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
194A.005(1), Chapter 210,
211.185, 230.826, 309.080(2), 309.083, 309.0832, 309.130(2), (3), 311.571,
311.840 - 311.862, 314.042, 319.050, 319.056, 319.064, 319C.010(6), 335.080,
335.100, 335.300, 335.500
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
230.826(2) requires the
Cabinet for Health and Family Services to promulgate administrative regulations
to establish criteria for the expenditure of funds from the Kentucky problem
gambling assistance account to: provide support to agencies, groups,
organizations, and persons that provide education, assistance, and counseling
to persons and families experiencing difficulty as a result of problem
gambling, or substance use disorder; and promote public awareness and
assistance of education and programs to reduce the consequences of problem
gambling and pay for the costs and expenses associated with treatment of and
recovery from problem gambling.
KRS
230.826 also requires the establishment of
procedures for the submission, evaluation, and review of applications for
funding, the awarding of funds, and the cabinet's monitoring of fund
expenditures. This administrative regulation establishes the standards for the
types of agencies, groups, organizations, and persons eligible to receive
funding from the Kentucky problem gambling assistance account, types of
eligible activities, required documentation, and the development of performance
measures and evidence of successful expenditures of awarded funds.
Section 1. Definitions.
(1) "Behavioral health professional" means:
(a) A psychiatrist licensed under the laws of
Kentucky to practice medicine or osteopathy, or a medical officer of the
government of the United States while engaged in the performance of official
duties, who is certified or eligible to apply for certification by the American
Board of Psychiatry and Neurology, Inc. or the American Osteopathic Board of
Neurology and Psychiatry;
(b) A
physician licensed in Kentucky to practice medicine or osteopathy in accordance
with KRS
311.571;
(c) A psychologist licensed and practicing in
accordance with KRS
319.050;
(d) A certified psychologist with autonomous
functioning or licensed psychological practitioner practicing in accordance
with KRS
319.056;
(e) A clinical social worker licensed and
practicing in accordance with
KRS
335.100;
(f) An advanced practice registered nurse
licensed and practicing in accordance with
KRS
314.042;
(g) A physician assistant licensed under
KRS
311.840 through
311.862;
(h) A "licensed marriage and family
therapist" as defined by
KRS
335.300;
(i) A "licensed professional clinical
counselor" as defined by
KRS
335.500;
(j) A "licensed professional art therapist"
as defined by KRS
309.130(2);
(k) A "licensed behavior analyst" as defined
by KRS
319C.010(6); or
(l) A licensed clinical alcohol and drug
counselor in accordance with
KRS
309.0832.
(2) "Behavioral health professional under
clinical supervision" means a:
(a)
Psychologist certified and practicing in accordance with
KRS
319.056;
(b) Licensed psychological associate
practicing in accordance with
KRS
319.064;
(c) "Marriage and family therapist associate"
as defined by KRS
335.300(3);
(d) Social worker certified and practicing in
accordance with KRS
335.080;
(e) "Licensed professional counselor
associate" as defined by
KRS
335.500(4);
(f) "Licensed professional art therapist
associate" as defined by
KRS
309.130(3);
(g) Registered behavior technician under the
supervision of a licensed behavior analyst; or
(h) A certified alcohol and drug counselor in
accordance with KRS
309.083.
(3) "Behavioral Health Services Organization"
or "BHSO" means a program licensed in accordance with
902 KAR 20:430.
(4) "Community mental health center" or
"CMHC" or "center" means a program established pursuant to KRS Chapter
210.
(5) "Department" means the
Department for Behavioral Health, Developmental and Intellectual Disabilities,
Cabinet for Health and Family Services, 275 East Main Street, Frankfort,
Kentucky 40621.
Section
2. Eligibility.
(1) The following
organizations and individuals shall be eligible to apply for funding, to the
extent funds are available, from the Kentucky problem gambling assistance
account:
(a) A CMHC licensed in accordance
with 902 KAR 20:091;
(b) A BHSO licensed in accordance with
902 KAR 20:430:
(c) A Behavioral health
professional;
(d) A behavioral
health professional under clinical supervision;
(e) A health department established pursuant
to KRS
211.185;
(f) A federally designated 501(c)3
organization; or
(g) A Certified
Community Behavioral Health Clinic participating in the Center for Medicaid or
Medicare Services Section 223 CCBHC Demonstration.
(2) A Kentucky Gambling Assistance
Application shall only be filed for the purpose of requesting funds for:
(a) Providing support to agencies, groups,
organizations, and persons that provide education, assistance, and counseling
to persons and families who experience difficulty as a result of substance use
disorder or problem or compulsive gambling;
(b) Promoting public awareness of, and
providing education about, problem gambling;
(c) Establishing and funding programs to
certify problem gambling counselors;
(d) Promoting public awareness of assistance
programs for those experiencing consequences of problem gambling; or
(e) Paying the costs associated with the
treatment of addictions.
Section 3. Application for Funding. Entities
that meet the eligibility requirements established in Section 2(1) of this
administrative regulation shall submit a Kentucky Gambling Assistance
Application with the required supporting documentation to the Department for
Behavioral Health, Developmental, and Intellectual Disabilities, attention:
Problem Gambling Assistance Account:
(1) In
writing to 275 East Main Street, mail-stop 4W-G, Frankfort, Kentucky 40621;
or
(2) Via electronic mail to
kyproblemgamblingassistance@ky.gov.
Section 4. Monitoring.
(1) Recipients of funds from the Kentucky
problem gambling assistance account shall:
(a)
Establish and conduct evaluation measures that assess the efficacy of services
provided;
(b) Collect and report
the:
1. Number of individuals
served;
2. Types of services
provided to individuals served; and
3. Detailed costs for the number of
individuals served and the services provided during the reporting period;
and
(c) Submit quarterly
reports meeting the requirements established in this section of the
administrative regulation:
1. To the
Department for Behavioral Health, Developmental, and Intellectual Disabilities,
attention: Problem Gambling Assistance Account, 275 East Main Street, mail-stop
4W-G, Frankfort, Kentucky 40621; or
2. Via electronic mail to
kyproblemgamblingassistance@ky.gov.
Section 5. Treatment Professional
Certification.
(1) Qualified behavioral health
providers seeking certification from a cabinet-approved or nationally or
internationally recognized certifying organization shall:
(a) Have at a minimum a bachelor's degree or
equivalent in a behavioral health field;
(b) Have current Kentucky licensure in
substance use disorder counseling, mental health counseling, or equivalent work
experience;
(c) Complete thirty
(30) hours of training on problem gambling prevention, assessment, and
co-occurring issues for individuals and families by an approved trainer through
a certifying organization;
(d)
Complete 100 direct contact hours addressing the issues, prevention, and early
intervention, co-occurring and under what conditions to refer for individuals
and families who experience problem gambling;
(e) Complete a minimum of four (4)
consultation hours with a consultant approved through the certifying
organization's board;
(f) Complete
all application materials, ethical statement, and directory authorization forms
required by the certifying organization;
(g) Pass any examination required by the
cabinet-approved certifying organization; and
(h) Pay applicable fees associated for the
completion of certification to the certifying organization.
(2) To the extent funds are
available, individuals may apply for reimbursement for any fees paid after
successful completion of certification from a cabinet-approved certifying
organization by submitting an application to the department for
reimbursement.
Section
6. Department Responsibilities. The department shall publish on
the department Web site:
(1) Certified
treatment providers for individuals experiencing the consequences of problem
gambling; and
(2) Problem gambling
treatment and recovery services and resources.
Section 7. Incorporation by reference.
(1) "Kentucky Gambling Assistance
Application", 07/23, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department for
Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621,
Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on
the departments Web site at
https://www.chfs.ky.gov/agencies/dbhdid/Pages/default.aspx.
STATUTORY AUTHORITY:
KRS
230.826
