201 KAR 23:055reg. Inactive status of license

      Section 1. Request for Inactive Status. A licensee may request that his or her license be placed on inactive licensure status by submitting to the board:

      (1) Written request for his or her license to be placed on inactive status, received by the board no sooner than ninety (90) days before the license expiration date;

      (2) Payment of an inactive license status fee of fifty (50) dollars made payable to the Kentucky State Treasurer. The licensee shall be relieved of his or her obligation to pay the license renewal fee established in 201 KAR 23:020 for his or her license level; and

      (3) A copy of certificates of attendance or completion to show proof of continuing education requirements for renewal as established in 201 KAR 23:075.

 

      Section 2. Additional Extension of Inactive Status. A licensee whose license is on inactive status may request an additional extension of the inactive license status and shall submit to the board:

      (1) Written request to continue the license on inactive status, received by the board no sooner than ninety (90) days before the license expiration date;

      (2) Payment of an inactive status fee of[a] fifty (50) dollars made payable to the Kentucky State Treasurer[dollar inactive status fee]; and

      (3) A copy of continuing education certificates of completion or attendance, awarded to the licensee during the period of inactive status, to show proof of continuing education requirements for renewal as established in 201 KAR 23:075.

 

      Section 3. License Expiration. If the licensee does not submit a request for extension of the inactive status or the licensee fails to renew his or her license before the license expiration date, the license shall expire.

 

      Section 4. Return to Active License Status. At any time within the three (3) year period of being granted inactive licensure status, a licensee may request his or her license be returned to active status by submitting to the board:

      (1) Written request to the board to return his or her license to active status;

      (2) Payment of the current license renewal fee as set forth in 201 KAR 23:020; and

      (3) A copy of continuing education certificates of completion or attendance, awarded to the licensee during the period of inactive status, to show proof of continuing education requirements for renewal as established in 201 KAR 23:075.

 

      Section 5. Renewal of Expired License. Following expiration of a license under Section 3 of this administrative regulation, a licensee who desires to practice social work in Kentucky shall follow the requirements for reinstatement established in 201 KAR 23:050.

 

WILLIAM M. ADCOCK, Chair

      APPROVED BY AGENCY: July 15, 2016

      FILED WITH LRC: July 15, 2016 at 11 a.m.

      CONTACT PERSON: Florence S. Huffman, Executive Director, Kentucky Board of Social Work, 44 Fountain Place, Frankfort, Kentucky 40601, phone [phone], fax [phone], email [e-mail].

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Florence S. Huffman

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes a new nonpractice level of license for licensees who do not want his or her license to expire, but who do not desire to practice social work in Kentucky, no longer need a license for their career, are employed in a position that does not require a license, or for those who have moved outside Kentucky. The licensee can request the change to inactive status, and as a result, pay a reduced fee and avoid expiration of the license and the time and cost of reinstatement. This administrative regulation establishes the requirements for licensees to request approval from the board to place their license on inactive (nonpractice) license status (at the time of the license renewal date); sets a fifty (50) dollar fee for the inactive status per renewal period; restates the continuing education requirements for renewal; and describes the procedures to extend the inactive status for subsequent renewal periods or to apply to return the license to active status.

      (b) The necessity of this administrative regulation: This administrative is necessary to establish the requirements for a licensee to seek board approval to place his or her license on inactive status; establishes the standards for extension of the inactive status, for returning the license to active status, and for renewal and reinstatement, including continuing education requirements every renewal period. This administrative regulation also sets the inactive status fee in the amount of fifty (50) dollars.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 335.070(6) authorizes the board to renew licenses and require continuing education as a condition for license renewal.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation informs a licensee that he or she may request the board to approve changing the status of his or her social work license from active to inactive, restates the continuing education requirements for renewal during the period of inactive status, describes the conditions for renewal and reinstatement established by the board. In addition, this administrative regulation will inform the licensee of the reduced fee paid for the license on inactive status.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: N/A

      (b) The necessity of the amendment to this administrative regulation: N/A 

(c) How the amendment conforms to the content of the authorizing statutes: N/A

      (d) How the amendment will assist in the effective administration of the statutes: N/A   (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: There are approximately 5,000 licensed social workers and many of these licensees may desire to have an option to maintain their Kentucky social work license in an inactive status as opposed to allowing it to expire. The reinstatement process when a license has expired can be timely and costly due to the $100 penalty fee that is due on reinstatement.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: This administrative regulation establishes a new level of license for licensees who do not want his or her license to expire, but who do not desire to practice social work in Kentucky, no longer need a license for their career, are employed in a position that does not require a license, or for those who do not live in Kentucky. The licensee can request the change to inactive status, and as a result, pay a reduced fee and avoid expiration of the license and the time and cost of reinstatement.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The board has established a $50 fee for inactive status license, which is reduced from the renewal fee for each level of license ($200 renewal fee for licensed clinical social worker, $125 for certified social worker, and $75 for licensed social worker). It will cost less for a licensee to return his or her license to active status than if the license had expired.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): A licensee will have the option to change his or her active social work license to inactive status when life circumstances make an active license to practice social work in Kentucky unnecessary.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: The board estimates that it will incur no additional costs to implement this administrative regulation.

      (b) On a continuing basis: The board estimates that no additional costs will be incurred by this administrative regulation.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The board’s operation is wholly self-funded by various fees paid by the licensees, applicants and continuing education providers and sponsors.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No increase in fees will be necessary to implement this administrative regulation.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: Yes, this administrative regulation directly establishes a decreased fee for inactive status of license at time of renewal.

      (9) TIERING: Is tiering applied? Tiering was not applied as the regulation is applicable to all licensees. This regulation does not distinguish between similarly situated individuals on the basis of any factor.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Board of Social Work will be impacted by this administrative regulation.

      (2) Identify each state or federal statute or state or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 335.070(3) authorizes the board to promulgate administrative regulations to carry out the provisions of KRS 335.010 to 335.160 and KRS 335.990.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. The board estimates that its revenues may decrease slightly due to the lowered fee for the inactive status.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? The amount of inactive licensee fees that will be generated by this administrative regulation is not known at this time.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None.

      (c) How much will it cost to administer this program for the first year? The board estimates that no additional costs of any significance will be incurred by this amendment.

      (d) How much will it cost to administer this program for subsequent years? The board estimates that no additional costs of any significance for subsequent years will be incurred by this amendment.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation:

Notation

      RELATES TO: KRS 335.070(3)

      STATUTORY AUTHORITY: KRS 335.070(3), (6)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.070(3) authorizes the board to promulgate administrative regulations pursuant to KRS Chapter 13A to carry out the provisions of KRS 335.010 to 335.160 and KRS 335.990. This administrative regulation establishes the requirements for a licensee to request approval from the board to place his or her license on inactive (nonpractice) status. This administrative regulation establishes the requirements relating to inactive licenses, extension of inactive status, return to active status, and reinstatement.