Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
194A.005(1), (3), Chapter
210, KRS
210.410(2),
211.185,
309.080(2),
309.130(2),
311.571,
311.840 to
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 requires the secretary of 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. These funds may also be used to 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. This administrative
regulation establishes the standards for the types of agencies, groups,
organizations, and persons eligible to receive funding, types of eligible
activities, required documentation, and the development of performance measures
and evidence of successful expenditures of awarded funds.
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.
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 to
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 as defined by
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 licensed
and 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 as
defined by KRS
309.083.
(3) "Behavioral Health Services Organization"
or "BHSO" means a program licensed in accordance with
902 KAR 20:430.
(4) "Client" means an individual described by
KRS
210.410(2).
(5) "Community mental health center" or
"CMHC" or "center" means a program established pursuant to KRS Chapter
210.
(6) "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 are 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; or
(f) A federally designated 501(c)3
organization.
(2)
Applications for funding must be for at least one (1) of the following
activities:
(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; or
(d) Promoting public awareness of assistance
programs for those experiencing consequences of problem gambling.
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. Recipients of funds
from the Kentucky problem gambling assistance account shall:
(1) Establish and conduct evaluation measures
that assess the efficacy of services provided;
(2) Collect and report the following data:
(a) The number of individuals
served;
(b) Types of services
provided to individuals served; and
(c) Detailed costs for the number of
individuals served and the services provided during the reporting
period.
(3) Submit
quarterly reports meeting the requirements established in this section of the
administrative regulation:
(a) 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
(b) Via electronic mail to
kyproblemgamblingassistance@ky.gov.
Section 5. Treatment Professional
Certification.
(1) Qualified behavioral health
providers seeking certification from a cabinet-approved, 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, or 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;
(d) Complete 100 direct
contact hours addressing the issues, prevention and early intervention,
co-occurring and when to refer for individuals and families who experience
problem gambling;
(e) Complete a
minimum of four (4) consultation hours with an approved consultant from the
certifying organizations 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 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
