201 KAR 23:075reg. Continuing education for renewal

      Section 1. Definitions. (1) "Academic courses offered by an accredited postsecondary institution" means a social work course, at the graduate level:

      (a) Designated by a social work title or content; or

      (b) An academic course, at the graduate level, relevant to social work.

      (2) "Approved" means recognized by the Kentucky Board of Social Work.

      (3) "Continuing education hour" means fifty (50) clock minutes of participation in continuing education[educational] programs.

      (4) "Program" means an organized educational experience, which is:

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

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

      (5) "Provider" means a person or an organization approved by the Kentucky Board of Social Work to provide a single continuing education program over the course of one (1) year.

      (6) "Relevant" means having content applicable to the practice of social work.

      (7) "Sponsor" means a person or an organization approved by the Kentucky Board of Social Work to provide more than one (1) continuing education program over the course of one (1)[a] year.

      (8) "Training program in suicide assessment, treatment, and management" means an approved empirically supported training program at least six (6) hours in length that contains suicide assessment including screening and referral, suicide treatment, and suicide management as required by KRS 210.366.

 

      Section 2. Accrual and Computation of Continuing Education Hours for Renewal. (1) Each certified social worker and licensed clinical social worker shall complete a minimum of thirty (30) continuing education hours during the three (3) year period for renewal, which shall be completed in person before a live presenter or through home study, distance learning, online, or teleconference courses[A minimum of thirty (30) continuing education hours shall be accrued by each licensed clinical social worker and certified social worker holding licensure during the three (3) year period for renewal].

      (2) Each licensed social worker shall complete a minimum of fifteen (15) continuing education hours during the three (3) year period for renewal, which may be completed in person before a live presenter or through home study, distance learning, online, or teleconference courses[A minimum of fifteen (15) continuing education hours shall be accrued by each licensed social worker holding licensure during the three (3) year period for renewal].

      (3) All continuing education hours shall be [in or] relevant to the licensee's level of licensure.

      (4) Kentucky Code of Ethical Conduct. Each renewal period, all licensees shall complete a three (3) hour course on the Kentucky Code of Ethical Conduct established in 201 KAR 23:080, which shall be completed in person before a live presenter or through home study, distance learning, online, or teleconference courses[Three (3) of the continuing education hours during each renewal period shall be acquired in the area of the social work code of ethics as established in 201 KAR 23:080].

      (5) Clinical Social Work Supervision. Each renewal period, licensed clinical social workers who are board approved supervisors pursuant to 201 KAR 23:070, Section 3(1)(c)2, shall complete a three (3) hour, board approved supervision course[every licensure renewal period] as part of their thirty (30) continuing education hours, which shall be taken in person before a live presenter.

      (6) Suicide Assessment, Treatment, and Management. Every six (6) years, all licensees shall complete a minimum of six (6) hours of continuing education in a board approved course on suicide assessment, treatment, and management as required by KRS 210.366(2).

      (a) The course shall be approved by the board, by an organization identified in Section 3(1) of this administrative regulation, or by one (1) of the following boards, and which meets the requirements of KRS 210.366:

      1. Kentucky Board of Licensure of Marriage and Family Therapists;

      2. Kentucky Board of Licensed Professional Counselors;

      3. Kentucky Board of Licensure for Pastoral Counselors;

      4. Kentucky Board of Alcohol and Drug Counselors,

      5. Kentucky Board of Examiners of Psychology; or

      6. Kentucky Board of Licensure for Occupational Therapy.

      (b) Exemptions. A licensee shall be exempted from the requirement to complete a continuing education course in suicide assessment, treatment, and management if he or she:

      1. Teaches a graduate-level counseling course in suicide and crisis assessment, prevention, and management at least once per year during the six (6) year period; or

      2. Teaches a six (6) hour continuing education course in suicide and crisis assessment, prevention and management at least once per year during the six (6) year period[Every third renewal period, two (2) of the continuing education hours shall be on HIV/AIDS courses approved by the Cabinet for Health and Family Services pursuant to KRS 214.610].

      (7) Domestic Violence. During the three (3) year renewal period following initial licensure, all licensees shall complete three (3) hours of continuing education in domestic violence related training courses established in KRS 194A.540[Three (3) of the continuing education hours shall be completed in the area of domestic violence related training courses pursuant to KRS 194A.540 during the three (3) year cycle following initial licensure].

      (8) Pediatric Abusive Head Trauma. At least one (1) time every six (6) years, all licensees shall complete one and one-half (1.5) hours of continuing education covering the recognition and prevention of pediatric abusive head trauma as defined in KRS 620.020[One and one-half (1.5) hours of continuing education shall be completed one (1) time every six (6) years in the area of the recognition and prevention of pediatric abusive head trauma pursuant to KRS 335.130(5)].

      (9) Academic Credit Equivalency. Academic credit equivalency for continuing education hours shall be based on one (1) credit hour equals fifteen (15) continuing education hours.

 

      Section 3. Methods of Acquiring Continuing Education Hours. Continuing education hours for renewal[applicable to the renewal of the license] shall be directly related to the professional growth and development of the licensee. The hours may be earned by completing any of the following continuing education programs:

      (1) Programs not requiring board review and approval. Except for courses on the Kentucky Code of Ethical Conduct under Section 2(4) of this administrative regulation, and courses on clinical social work supervision under 201 KAR 23:070, Section 3(1)(c)2, which require approval by the board[Except for courses on ethics which are provided to meet the requirements of Section 2(4) of this administrative regulation and courses for supervision under 201 KAR 23:070, Section 3(1)(c)2], an educational program from any of the following providers shall be deemed to be relevant to the practice of social work and shall be approved without further review by the board if it is:

      (a) Sponsored or approved by:

      1. The Association of Social Work Boards (ASWB);

      2. The National Association of Social Workers (NASW) or any of its affiliated state chapters;

      3. The National Association of Black Social Workers (NABSW) or any of its affiliated state chapters;

      4. The North American Association of Christians in Social Work or any of its affiliated state chapters; or

      5. Clinical Social Work Association or any of its affiliated state chapters[or

      2. The Association of Social Work Boards];

      (b) Sponsored by:

      1.[Clinical Social Work Association or any of its affiliated state chapters;

      2.] The American Psychological Association or any of its affiliated state chapters;

      2.[3.] The American Counseling Association or any of its affiliated state chapters;

      3.[4.] The National Board for Certified Counselors or any of its affiliated state chapters;

      4.[5.] The American Psychiatric Association or any of its affiliated state chapters; or

      5.[6.] A college, school, department, or program of social work in Kentucky, which is accredited by the Council on Social Work Education (CSWE); or

      (c) An academic course offered by an accredited postsecondary institution directly related to social work, counseling, or psychology.

      (2) Programs requiring board review and approval. A program from any of the following sources shall be reviewed by the board and approved for continuing education credit if the board determines that it is relevant to the practice of social work[and determined if it is relevant and therefore subsequently approved by the board].

      (a) Relevant programs, including home study, distance learning, online, or teleconference courses, and in-service training provided by other organizations, educational institutions, or other service providers approved by the board.

      [1.] Board approval for home study, distance learning, online, and teleconference courses shall be obtained each year unless the continuing education program does not require board approval under subsection (1) of this section.

      [2. The combined total number of hours for home study, distance learning or teleconference courses shall not exceed one-half (1/2) of the individual’s continuing education hours.

      3. Courses on the board’s code of ethics which are taken to meet the requirements of Section 2(4) of this administrative regulation and courses for supervision under 201 KAR 23:070, Section 3(1)(c)2, shall be attended in person before a live presenter, and shall not be taken through home study, distance learning or teleconference courses.]

      (b) Relevant programs or academic courses presented by the licensee. A licensee who presents[presenter of] relevant programs or academic courses shall earn full continuing education credit for each contact hour of instruction, not to exceed one-half (1/2) of the continuing education renewal requirements. Credit shall not be issued for repeated instruction of the same course.

      (c) Relevant articles. A licensee who is an author of a relevant article, which is published in a professionally recognized or juried publication, shall earn full continuing education credit not to exceed one-half (1/2) of the continuing education requirements for renewal, if the article was published within one (1) year immediately preceding his or her renewal date[Authoring an article in a relevant, professionally recognized or juried publication. Credit shall not be granted unless an article was published within the one (1) year period immediately preceding the renewal date. A licensee shall not earn more than one-half (1/2) of the continuing education hours required for renewal under the provisions of this subsection]. More than one (1) publication shall not be counted during each renewal period.

      (d) The following continuing education courses shall be submitted to the board for approval and shall not be automatically preapproved under subsection (1) of this section:

      1. Kentucky Code of Ethical Conduct required by Section 2(4) of this administrative regulation; and

      2. Clinical social work supervision for board-approved supervisors required by 201 KAR 23:070, Section 3(1)(c)2[Courses on ethics required by Section 2(4) of this administrative regulation shall be submitted to the board for approval and shall not be automatically approved under Section 3(1) of this administrative regulation].

 

      Section 4. Procedures for Approval and Renewal of Continuing Education Providers and Programs. (1) Provider approval. A provider seeking to obtain approval of a continuing education program shall apply to the board no less than thirty (30) days in advance of the commencement of the program, and provide the information required in subsection (2) of this section.

      (2) The board shall approve a continuing education program if it determines that the program being presented:

      (a) Is relevant to the practice of social work;

      (b) Contributes to the professional competency of the licensee; and

      (c) Has competent instructors with appropriate academic training, professional license or certification, or professionally recognized experience.

      (3) The board may approve a provider of a continuing education program for one (1) year if the provider:

      (a) Files a completed Provider Application for Continuing Education Approval, which is received by the board thirty (30) days in advance of the commencement of the program, and includes:

      1. A published program outline that includes an explanation of the program objectives;

      2. The names and qualifications of the instructors presented in the form of resumes or curriculum vitas;

      3. A copy of the evaluation sheet by which the licensee can assess and comment on the program;

      4. A copy of the program agenda stating the number of continuing education credit hours, including all breaks;

      5. The number of continuing education credit hours requested;

      6. A copy of the official certificate of completion or attendance from the provider; and

      7. A statement whether the provider is requesting approval to meet the requirements of the following courses: Kentucky Code of Ethical Conduct required by Section 2(4) of this administrative regulation; or clinical social work supervision for board-approved supervisors required by 201 KAR 23:070, Section 3(1)(c)2; and

      (b) Pays an application fee of $100 made payable to the Kentucky State Treasurer for each one (1) day program of eight (8) hours or less.

      (4) Providers of continuing education shall be responsible for providing documentation in the form of a certificate of attendance directly to the licensee, as established in Section 7(5) of this administrative regulation.

      (5) Providers of continuing education programs requiring board approval shall not advertise that courses have been approved before written board approval has been received.

      (6) Provider Renewal. An approved provider may submit a renewal request for a subsequent one (1) year period by notifying the board that the original information required in this section for each program remains current and by paying a fifty (50) dollar renewal fee made payable to the Kentucky State Treasurer[A program, which is offered by a provider, 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:

      (a) A published course outline or similar description which includes an explanation of the course objectives;

      (b) Names and qualifications of the instructors presented in the form of curriculum vitas or resumes;

      (c) Copies of the evaluation sheet or instrument by which the attendees can comment on the program, and the program agenda indicating hours of education, including all breaks;

      (d) Number of continuing education hours requested and a statement whether the provider is requesting course approval to meet the requirements of Section 2(4) of this administrative regulation;

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

      (f) A completed Provider Application for Continuing Education Credit Approval form.

      (2) The board may approve a specific continuing education program if the provider of the program:

      (a) Files a written request for approval;

      (b) Pays an application fee of $100 for each one day program of eight (8) hours or less; and

      (c) Provides information about each continuing education program that it proposes to present which meets the requirements established in subsection (1) of this section.

      (3) The approval of a program pursuant to this section shall permit the provider to offer the program for one (1) year.

      (4) The provider shall submit a request for renewal and a fifty (50) dollar renewal fee for each subsequent request to offer the same approved program].

 

      Section 5. Approval and Renewal of Continuing Education for Sponsor Programs. (1) Sponsor approval. A sponsor seeking to obtain board approval of continuing education programs shall apply to the board no less than thirty (30) days in advance of the commencement of the program, and provide the information required in Section 4(1) of this administrative regulation.

      (2) The board shall approve a continuing education program if it[Procedures for Preapproval of Continuing Education Sponsors and Programs. (1) Sponsor approval. Any sponsor seeking to obtain approval of a continuing education program prior to its offering shall:

      (a) Apply to the board at least thirty (30) days in advance of the commencement of the program, and shall provide the information required in Section 4(1) of this administrative regulation; and

      (b) Provide proof to the board that the sponsor seeking this status:

      1. Consistently offers programs which meet or exceed all the requirements set forth in subsection (2) of this section; and

      2. Does not exclude any licensee from its programs.

      (2) A continuing education program shall be qualified for approval if the board] determines that the program being presented:

      (a) Is relevant to the practice of social work;

      (b) Contributes to the professional competency of the licensee; and

      (c) Has competent instructors with appropriate academic training, professional license or certification, or professionally recognized experience.

      (3) The board may approve a sponsor of continuing education programs for one (1) year if the sponsor:

      (a) Files a completed Sponsor Application for Continuing Education Approval form which is received by the board thirty (30) days in advance of the commencement of the program, and includes:

      1. A published program outline that includes an explanation of the program objectives;

      2. The names and qualifications of the instructors presented in the form of resumes or curriculum vitas;

      3. A copy of the evaluation sheet by which the licensee can assess and comment on the program;

      4. A copy of the program agenda stating the number of continuing education credit hours, including all breaks;

      5. The number of continuing education credit hours requested;

      6. A copy of the official certificate of completion from the sponsor; and

      7. A statement whether the sponsor is requesting approval to meet the requirements of the following courses: Kentucky Code of Ethical Conduct required by Section 2(4) of this administrative regulation; or clinical social work supervision for board-approved supervisors required by 201 KAR 23:070, Section 3(1)(c)2; and

      (b) Pays an initial application fee of $250 made payable to the Kentucky State Treasurer.

      (4)[The sponsor shall specify whether it is requesting course approval to meet the requirements of Section 2(4) of this administrative regulation.

      (4)(a) The board may approve an organization that is not listed in Section 3(1) of this administrative regulation as a sponsor of continuing education for a twelve (12) month period if the organization:

      1. Files a written request for approval by submitting the Sponsorship Application for Continuing Education Credit Approval form;

      2. Pays an initial application fee of $250; and

      3. Proposes to sponsor continuing education programs that meet the requirements established in Section 3 of this administrative regulation.

      (b)] The board shall periodically review the programs that a sponsor has provided to determine if the sponsor continues to meet the requirements of this administrative regulation.

      (5)[(c)] An approved sponsor shall submit an annual report to the board of the continuing education programs offered during that calendar year and shall include copies of attendance sheets and evaluations (or evaluation summaries) for each program.

      (6) Sponsors of continuing education shall be responsible for providing documentation in the form of a certificate of attendance directly to the licensee, as established in Section 7(5) of this administrative regulation.

      (7) Sponsors of continuing education programs requiring board approval shall not advertise that courses have been approved before written board approval has been received.

      (8) Sponsor Renewal. An approved sponsor may submit a renewal request for a subsequent one (1) year period by notifying the board that the original information required in this section for each program remains current and by paying $150 renewal fee made payable to the Kentucky State Treasurer [(d) A sponsor that is approved pursuant to paragraph (a) of this subsection may request renewal of its approval for subsequent years by filing a 150 renewal fee annually and notifying the board that the original information required in this section remains current].

 

      Section 6. Individual Request for Board Review and Approval of Continuing Education Courses. (1) A licensee[or a certificate holder] may request an individual review of a continuing education program that was otherwise not approved if it was completed during the three (3) year renewal[appropriate time] period if the individual licensee[has]:

      (a) Applies[Made a timely request by applying] for individual review by submitting the Individual Application for Continuing Education[Credit] Approval form; and

      (b) Pays[Paid] a fee of ten (10) dollars made payable to the Kentucky State Treasurer.

      (2) The board’s review shall be based on the standards for continuing education established by this administrative regulation.

      (3) The board’s approval[by the board] of a continuing education program under this section shall:

      (a) Qualify as if it has been obtained from an approved provider or sponsor; and

      (b) Be limited to the particular program[offering] upon which the request for individual review is based.

 

      Section 7. Responsibilities and Reporting Requirements of Licensees. Each licensee shall be responsible for obtaining the required continuing education hours for her or his renewal. The licensee shall identify his or her own continuing education needs, seek[take the initiative in seeking] continuing professional education activities to meet those[these] needs, and develop[seek] ways to integrate new knowledge, skills, and attitudes. Each licensee[person holding licensure] shall:

      (1) Select approved programs by which to earn continuing education hours for renewal;

      (2) Submit to the board, if applicable, a request for continuing education programs requiring approval by the board as established in Section 4 of this administrative regulation;

      (3) Maintain her or his[the licensee's own] records of continuing education hours;

      (4) At the time of renewal, list the continuing education hours obtained during that licensure renewal period;

      (5) Furnish documentation of attendance[and participation in the appropriate number] of continuing education hours at the time of his or her renewal, as follows:

      (a) For a period of one (1) year from the date of renewal, each licensee shall maintain[Each person holding licensure shall maintain, for a period of one (1) year from the date of renewal, all] documentation verifying successful completion of continuing education hours;

      (b) In each calendar year, the board shall require up to fifteen (15) percent of all licensees[shall be required by the board] to furnish documentation of the completion of[the appropriate number of] continuing education hours for the current renewal period;

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

      (d) Documentation shall take the form of official documents including:

      1. Transcripts;

      2. Certificates of completion or attendance;

      3. Affidavits signed by instructors; or

      4. Receipts for fees paid to the provider or sponsor; and

      (e) Each licensee shall retain copies of his or her documentation for a period of one (1) year following the date of his or her last renewal.

 

      Section 8.[Responsibilities and Reporting Requirements of Providers and Sponsors.

      (1) Providers of continuing education not requiring board approval shall be responsible for providing documentation, as established in Section 7(5) of this administrative regulation, directly to the licensee.

      (2) Sponsors 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 9.] Board to Approve Continuing Education Hours; Appeal if Approval Denied. If an application for approval of continuing education hours is denied, in whole or part, a licensee,[or a] provider, or sponsor may request[reconsideration by] the board to reconsider[of] its decision. The request shall be in writing and shall be received by the board within thirty (30) days after the date of the board’s decision denying approval of continuing education hours.

 

      Section 9.[10.] Waiver or Extensions of Continuing Education. (1)[The board may,] In individual cases involving medical disability, illness, or undue hardship as determined by the board, the board may grant waivers of the minimum continuing education requirements or extensions of time[within which] to fulfill the requirements for renewal or make the required reports of continuing education credits.

      (2) A licensee may submit a written request to the board for a waiver or extension of time involving medical disability, illness, or undue hardship. If the request is based on medical disability or illness, the licensee shall include a written statement[A written request for waiver or extension of time involving medical disability or illness shall be submitted by the person holding licensure and shall be accompanied by a verifying document] signed by a licensed physician.

      (3) The board may grant waivers of the minimum continuing education requirements or extensions of time[within which] to fulfill the continuing education requirements for renewal [may be granted by the board] for a period of time not to exceed one (1) calendar 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 licensee may[person holding licensure shall] reapply for the waiver or extension.

 

      Section 10.[11.] Continuing Education Requirements for Reinstatement[or Reactivation of Licensure]. (1) A certified social worker or a licensed clinical social worker who requests reinstatement of an expired license[person requesting reinstatement or reactivation of licensure] shall submit evidence of completing thirty (30) hours of continuing education within the three (3) year[thirty-six (36) month] period immediately preceding the date he or she submits[on which] the request for reinstatement[or reactivation is submitted] to the board.

      (2) A licensed social worker who requests reinstatement of an expired license shall submit evidence of completing fifteen (15) hours of continuing education within the three (3) year period immediately preceding the date he or she submits the request for reinstatement to the board[The person may request, and the board, at its discretion, may reinstate the licensure, with the provision that the person shall receive thirty (30) hours of continuing education within six (6) months of the date on which the licensure is reinstated].

      (3) If the licensee requesting reinstatement cannot provide evidence of completion of the required hours of continuing education, the board may reinstate the license for six (6) months on the condition that the licensee obtain the required hours of continuing education for his or her level of licensure within six (6) months of the date the license is reinstated.

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

      (5) Failure to obtain the required continuing education hours within the approved six (6) month period shall result in termination of the reinstated license.

 

      Section 11.[12.] Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Provider/Sponsor[Provider] Application for Continuing Education[Credit] Approval", 06/2016[04/2016][10/2010]; and

      (b)["Sponsor][Sponsorship][Application for Continuing Education][Credit][Approval", 03/2016][10/2010][; and

      (c)] "Individual Application for Continuing Education[Credit] Approval", 04/2016[10/2010].

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky Board of[Licensure for] Social Work, 44 Fountain Place, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

 

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 the minimum requirements for continuing education for renewal as a method for ensuring the continued professional competence of licensed social workers and compliance with Kentucky law. This administrative regulation specifies the number of hours to be obtained for each renewal period and defines courses in certain content areas required by the board and Kentucky law for initial licensure, renewal and reinstatement. It also prescribes methods and defined standards the board will use to assess and approve continuing education program content, including qualifications of instructors, submitted by course providers and sponsors.

      (b) The necessity of this administrative regulation: This administrative is necessary to establish the continuing education requirements for continuing professional competence and as a condition of renewal and reinstatement, and to define standards for approval of courses.

      (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 continued education as a condition for license renewal, and to authorize organizations to provide or sponsor continuing education programs. KRS 210.366 authorizes the board to implement administrative regulation to require a minimum six (6) hour course on suicide prevention assessment, treatment, and management; and KRS 214.615 was repealed effective June 24, 2015 and the board has voted to remove the HIV/AIDs course requirement.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation informs applicants and licensed social workers of the continuing education requirements for renewal and reinstatement established by the board. In addition, KRS 210.366 mandates a six (6) hour training program in suicide assessment, treatment and management for social workers among others. It also removes the HIV/AIDs course requirement on initial licensure (KRS 214.615 was repealed effective June 24, 2015).

      (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: This amendment establishes that the required social work ethics course for renewal may be taken online (and removes the mandate of in-person training); and permits licensees to take 100 percent of continuing education courses for renewal online, through home study, distance learning or other electronic media. The amendment also revises the requirements for sponsors and providers of continuing education programs.

      (b) The necessity of the amendment to this administrative regulation: This administrative is necessary to allow licensees to take the social work ethics course online and remove the face-to-face, in-person requirement; to permit licensees to acquire 100 percent of continuing education courses online or through distance learning; to implement suicide prevention training as a requirement for renewal; to remove the requirement that licensees must complete an HIV/AIDs course; and to make other corrections.

      (c) How the amendment conforms to the content of the authorizing statutes: KRS 335.070(6) authorizes the board to renew licenses and require continued education as a condition for license renewal, and to authorize organizations to provide or sponsor continuing education programs; KRS 210.366 authorizes the board to implement administrative regulation to require a minimum six (6) hour course on suicide prevention assessment, treatment, and management; and KRS 214.615 was repealed effective June 24, 2015 and the board has voted to remove the HIV/AIDs course requirement for licensure.

      (d) How the amendment will assist in the effective administration of the statutes: This administrative regulation removes a potential barrier and permits licensees to comply with the board’s requirements for continuing education for renewal through the growing advantages of technology and adult education.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Approximately 5,000 licensed social workers.

      (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 amendment to permit the social work ethics course to be taken online or through distance learning will relieve licensees of attending the course in person – this will be particularly helpful for licensees who find it difficult to attend the in-person courses, and those who live outside Kentucky to comply with the renewal requirement without the necessity of physically traveling to Kentucky to take the: it alleviates the current requirement that only fifty percent of continuing education courses may be taken online or through home study.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The board anticipates that the only cost will be the expense of the suicide prevention training course incurred by the licensee.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): By allowing 100 percent of continuing education courses to be taken online or through home study, licensees may elect online or distance learning courses to meet renewal requirements if they are ill, cancellations are caused by inclement weather or challenges due to the distances between rural settings. The amendment will also let licensees take advantage of growing technological opportunities for training. Also, by permitting the social work ethics course to be taken online, out-of-state licensees can comply with this requirement without having to go to the expense of traveling to Kentucky to take an in-person course.

      (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 amendment.

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

      (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 fees paid by the licensees and applicants as well as 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: This administrative regulation amendment does not directly establish or increase fees; individual licensees or their employers who pay for the cost of continuing education as an employment benefit may incur the cost of the suicide prevention training.

      (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; KRS 210.366 adds continuing education requirement for suicide prevention training); and KRS 214.615, which required HIV/AIDs training before initial licensure, was repealed effective June 24, 2015.

      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. None.

      (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? None.

      (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 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 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 335.130(4)

      STATUTORY AUTHORITY: KRS 335.070(3), (6), 335.130

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.130(4) allows the board to require continuing education as a condition of license renewal. This administrative regulation describes[delineates] the requirements for continuing education for renewal and prescribes methods and standards for the board to approve[accreditation of] continuing education courses.