201 KAR 35:040. Continuing education requirements.


      RELATES TO: KRS 309.085(1)(b)

      STATUTORY AUTHORITY: KRS 309.0813(2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 309.085(1)(b) authorizes the board to promulgate an administrative regulation requiring certified alcohol and drug counselors to complete continuing education requirements as a condition of renewal of certification. This administrative regulation establishes the requirements for continuing education and prescribes methods and standards for the accreditation of continuing education courses.


      Section 1. Definitions. (1) "Academic course" means a course offered by an accredited postsecondary institution beyond the undergraduate level, that is:

      (a) An alcohol and drug counseling course, designated by title or content; or

      (b) An academic course, relevant to alcohol and drug counseling.

      (2) "Approved" means recognized by the Kentucky Board of Certification of Certified Alcohol and Drug Counselors.

      (3) "Continuing education hour" means fifty (50) clock minutes of participating in a continuing educational experience.

      (4) "Program" means an organized learning experience:

      (a) Planned and evaluated to meet behavioral objectives; and

      (b) Presented in one (1) session or in a series.

      (5) "Provider" means an organization approved by the Kentucky Board of Certification for Certified Alcohol and Drug Counselors for providing continuing education programs.

      (6) "Relevant" means having content applicable to the practice of alcohol and drug counseling in accordance with the requirements of Section 4(2) of this administrative regulation.


      Section 2. Basic Continuing Education Requirements. (1) A minimum of sixty (60) continuing education hours shall be accrued by each person holding certification during the three (3) year certification period for renewal.

      (2) All hours shall be relevant to the field of alcohol and drug counseling.

      (3) All continuing education activities approved by the board shall be accepted toward the continuing education requirements for renewal of a certificate. A certificate holder shall determine prior to attending a specific continuing education program that the program:

      (a) Has been approved by the board; or

      (b) Is offered or sponsored by an organization approved by the board to provide continuing education programs.

      (4) If the specific continuing education program is not pre-approved as established in subsection (3) of this section, the certificate holder may apply for board approval by providing the information required by Section 5 of this administrative regulation.


      Section 3. Methods of Acquiring Continuing Education Hours.

      (1) Continuing education hours applicable to the renewal of the certificate shall be directly related to the professional growth and development of a certified alcohol and drug counselor.

      (2) Continuing education hours may be earned by:

      (a) Attending a continuing education program that has prior approval by the board;

      (b) The completion of appropriate academic coursework; or

      (c) other alternative methods approved by the board in accordance with subsection (5) of this section.

      (3) Attendance at continuing education programs automatically approved by the board. A program provided, approved, or sponsored by any of the following providers and that is relevant to the practice of alcohol and drug counseling shall be deemed to be approved without further review by the board shall be and exempt from the program fee established in 201 KAR 35:020, Section 9:

      (a) The National Association of Addiction Professionals (NAADAC) and it's member boards;

      (b) The International Certification and Reciprocity Consortium (ICRC);

      (c) The Kentucky Cabinet for Health and Family Services, Division of Mental Health and Substance Abuse and its subcontractors;

      (d) The Kentucky School of Alcohol and Drug Studies;

      (e) An Addition Technology Transfer Center (ATTC); and

      (f) State or United State Regional Addiction Training Institute.

      (4)(a) Academic coursework. An academic course, as defined in Section 1(1) of this administrative regulation shall not require board review or approval.

      (b) A general education course, or elective designated to meet undergraduate degree requirements, shall be acceptable for continuing education credit if it is relevant to the practice of alcohol and drug counseling.

      (c) Academic credit equivalency for continuing education hours shall be based on one (1) credit hour equaling fifteen (15) continuing education hours.

      (5) Alternative methods for obtaining continuing education hours; programs requiring board review and approval. A program from any of the following sources shall be reviewed by the board to determine whether or not the program complies with the requirements of Section 4(2) of this administrative regulation:

      (a) A program, including a home study course and in-service training provided by an organization or education institution not listed in subsection (3) of this section;

      (b) A program or academic course presented by the certificate holder.

      1. A presenter of a relevant program or academic course shall earn two (2) continuing education hours for each contact hour of instruction.

      2. Credit shall not be issued for repeated instruction of the same course;

      (c)1. A relevant publication in a professionally recognized or juried publication authored by the certificate holder.

      2. Continuing education hours shall be granted for relevant publications as follows:

      a. Five (5) continuing education hours for each published abstract or book review in a refereed journal;

      b. Ten (10) continuing education hours for each book chapter or monograph;

      c. Fifteen (15) continuing education hours for each published article in a refereed journal; and

      d. Twenty (20) continuing education hours for each published book.


      Section 4. Procedures for Preapproval of Continuing Education Programs. (1) An applicant seeking to obtain approval 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 5 of this administrative regulation.

      (2) A continuing education activity shall be qualified for approval if the activity:

      (a) Is an organized program of learning;

      (b) Pertains to subject matter relating to alcohol and drug counseling;

      (c) Enhances the professional competence of the certificate holder by:

      1. Refreshing knowledge and skills; or

      2. Educating on a new topic or subject; and

      (d) Is conducted by a competent instructor, as documented by appropriate academic training, professional licensures or certification, or professionally recognized experience.

      (3)(a) The board may monitor or review a continuing education program approved by the board.

      (b) Upon evidence of significant variation in the program presented from the program approved, the board shall withdraw approval of the hours granted to the program.


      Section 5. Subsequent Approval of Continuing Education Programs. (1) A course that has not been preapproved by the board may be used for continuing education if approval is secured from the board.

      (2) The following information shall be submitted for board review of a program:

      (a) A published course or seminar description;

      (b) The name and qualifications of the instructor;

      (c) A copy of the program agenda indicating hours of education;

      (d) Number of continuing education hours requested;

      (e) Official certificate of completion or college transcript from the sponsoring agency or college; and

      (f) Application for continuing education credits approval.


      Section 6. Application for Approved Sponsor. (1) A company, individual, or association that wishes to be designated as an approved sponsor of continuing education shall complete a Continuing Education Sponsor Application incorporated by reference in 201 KAR 35:020 shall, and pay the provider fee established in 201 KAR 35:020, Section 9.

      (2) An approved sponsor of continuing education shall be allowed to advertise the program as pre-approved to meet the continuing education requirements for certification renewal.

      (3)(a) Approval shall be for one (1) year from date of approval unless substantial course changes occur.

      (b) For purposes of this section, a substantial course change shall be a change in the curriculum in excess of twenty (20) percent.


      Section 7. Responsibilities and Reporting Requirements of Certificate Holder; Audit. (1)(a) During the certification renewal period, the board shall require up to fifteen (15) percent of all certificate holders to furnish documentation of the completion of the appropriate number of continuing education hours through a random audit process.

      (b) Copies of supporting documentation submitted to the board shall be shredded and shall not be returned to the certificate holder upon completion of the audit process.

      (c) Verification of continuing education hours shall not otherwise be reported to the board.

      (2) A certificate holder shall:

      (a) Be responsible for obtaining the required continuing education hours;

      (b) Identify personal continuing education needs and seek activities that meets those needs;

      (c) Seek ways to integrate new knowledge, skills, and activities;

      (d) Select approved activities by which to earn continuing education hours;

      (e) Submit to the board, if applicable, a request for approval for continuing education activities not approved as established in Section 3(4) of this administrative regulation;

      (f) Document attendance, participation in, and successful completion of continuing education activity; and

      (g) Maintain records of continuing education hours for five (5) years from the date of the offering of the continuing education activity.

      (3) The following items may be used to document continuing education activity:

      (a) Transcript;

      (b) Certificate;

      (c) Affidavit signed by the instructor;

      (d) Receipt for the fee paid to the sponsor; or

      (e) Written summary of experiences that are not formally or officially documented otherwise.

      (4) Failure to comply with this administrative regulation shall constitute a violation of KRS 309.085(1)(b) and shall result in board:

      (a) Refusal to renew certification;

      (b) Suspension of certification; or

      (c) Revocation of certification.


      Section 8. Carry-over of Continuing Education Hours Prohibited. Continuing education hours earned in excess of those required pursuant to Section 2 of this administrative regulation shall not be carried over into the immediately following certification renewal period.


      Section 9. Appeal of Denial of Continuing Education Hours by the Board. (1) If an application for approval of continuing education hours is denied, the certificate holder 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 10. 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 certificate holder;

      (b) Illness of the certificate holder 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 certificate holder; 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 certificate holder shall reapply for the waiver or extension.


      Section 11. Continuing Education Requirements for Reinstatement or Reactivation of Certification. (1) A person requesting reinstatement of certification shall:

      (a) Submit evidence of receiving sixty (60) hours of continuing education within the three (3) year period immediately preceding the date that reinstatement is requested; or

      (b)1. Obtain sixty (60) hours of continuing education within six (6) months of reinstatement of certification.

      2. Failure to obtain sixty (60) hours within six (6) months shall result in termination of certification.

      (2) The continuing education hours received in compliance with this section shall be in addition to the continuing education requirements established in Section 2 of this administrative regulation and shall not be used to comply with the requirements of that section.


      Section 12. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Continuing Sponsor Application Form" (2008).

      (b) "Continuing Education Program Application Form" (200).

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Certification of Alcohol and Drug Counselors, 911 Leawood Drive, Frankfort, Kentucky, telephone (502) 564-3296 ext. 222, Monday through Friday, 8:30 a.m. to 5:00 p.m. (25 Ky.R. 949; Am. 2131; eff. 3-17-99; 35 Ky.R. 320; 784; eff. 10-15-2008.)