201 KAR 36:030. Continuing education requirements.

 

      RELATES TO: KRS 335.535(8)

      STATUTORY AUTHORITY: KRS 335.515(3),(6), 335.535(8)

      NECESSITY, FUNCTION, AND CONFORMITY: 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. Definitions. (1) "Academic courses offered by an accredited postsecondary institution" means:

      (a) A professional counseling course, designated by a professional counseling title or content; or

      (b) An academic course, relevant to professional counseling.

      (2) "Approved" means recognized by the Kentucky Board of Licensed Professional Counselors.

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

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

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

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

      (5) "Provider" means an organization approved by the Kentucky Board of Licensed Professional Counselors for providing continuing education programs.

      (6) "Relevant" means having content applicable to the practice of professional counseling as determined by the board.

 

      Section 2. 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.

 

      Section 3. 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 following educational activities:

      (1) Programs not requiring board review and approval. An educational program from any of the following providers shall be deemed to be relevant to the practice of professional counseling and shall be approved without further review by the board if it is:

      (a) Sponsored or approved by:

      1. The American Counseling Association, or any of its affiliated branches or divisions;

      2. The Kentucky Counseling Association, or any of its affiliated chapters or divisions;

      3. The National Association of Social Workers or any of its affiliated state chapters;

      4. The American Association of Marriage and Family Therapy or any of its affiliated state chapters;

      5. The American School Counselor Association or any of its affiliated state chapters;

      6. The American Psychological Association, or any of its affiliated state chapters or divisions;

      7. The divisions of the Department of Mental Health and Mental Retardation of the Kentucky Cabinet for Health Services; or

      8. The National Board for Certified Counselors; or

      (b) An academic course offered by an accredited post-secondary institution directly related to professional counseling or counseling psychology;

      (2) Programs requiring board review and approval. A program from any of the following sources shall be reviewed and determined if it is relevant and therefore subsequently approved by the board:

      (a) A program, including a home study course and in-service training provided by another organization, educational institution, or service provider approved by the board;

      (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) Authoring an article 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 general education course, either elective or designated to meet degree requirements, shall not be acceptable. Academic credit equivalency for continuing education hours shall be based on one (1) credit hour equals fifteen (15) continuing education hours.

 

      Section 4. Procedures for Approval of Continuing Education Programs. A course, which has not been preapproved by the board, may be used for continuing education if approval is secured from the board for the course. In order for the board to adequately review these programs, the following information 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;

      (4) Number of continuing education hours requested;

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

      (6) Application to the board for continuing education credits approval; and

      (7) If a provider seeking approval for a continuing education course, an application review fee of twenty (20) dollars.

 

      Section 5. 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 4 of this administrative regulation on an annual basis for each program.

      (b) As a prior-authorized continuing education provider under Section 3(1) of this administrative regulation, shall satisfy the board that the entity seeking this status:

      1. Consistently offers programs which meet or exceed all the requirements set forth in Section 2(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 6. Responsibilities and Reporting Requirements of a Licensee. (1) During the licensure 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 meets 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 3(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) Comply 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 7. 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 6(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 8. 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 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 9. 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 reapply for the waiver or extension.

 

      Section 10. Continuing Education Requirements for Reinstatement or Reactivation of License. (1) A person requesting reinstatement or reactivation of a license shall submit:

      (a) Evidence of ten (10) hours of continuing education within the twelve (12) month period immediately preceding the date on which the request for reinstatement or reactivation is submitted to the board; or

      (b) Upon request by the applicant, the board may permit the applicant to resume practice, with the provision that he shall obtain the ten (10) hours continuing education within three (3) months 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 2 of this administrative regulation and shall not be used to comply with the requirements of that section. (25 Ky.R. 481; Am. 829; eff. 9-16-98; 29 Ky.R. 2510; 2868; eff. 6-16-03; 32 Ky.R. 2074; 33 Ky.R. 81; eff. 7-24-06.)