201 Ky. Admin. Regs. 36:030

Current through Register Vol. 51, No. 6, December 1, 2024

Section 201 KAR 36:030 - Continuing education requirements

RELATES TO: KRS 13B, 194A.540, 210.366, 335.500-335.599

NECESSITY, FUNCTION, AND CONFORMITY: KRS 210.366 requires a board licensee to complete a minimum of six (6) hours of continuing education in suicide assessment, treatment, and management every six (6) years. KRS 335.515(3) and (6) require the board to promulgate an administrative regulation requiring a licensee to complete continuing education requirements as a condition of renewal of his or her license. This administrative regulation establishes the requirements for continuing education and prescribes methods and standards for the accreditation of continuing education courses.

Section 1. 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.

(3) A person holding a license shall complete a minimum of three (3) hours of continuing education in domestic violence within three (3) years of initial licensure, as required by KRS 194A.540. A person holding a license who teaches the board-approved training shall be deemed to have completed this requirement.

(4) A person holding a license shall complete a minimum of six (6) hours of continuing education in a course in suicide assessment, treatment, and management within the first three (3) years of initial licensure and every six (6) years of licensure thereafter as required by KRS 210.366. A person holding a license who teaches the board-approved training shall be deemed to have completed this requirement.

(5) A person holding a license shall complete a minimum of three (3) hours of continuing education on the law for regulating professional counseling, KRS 335.500 to 335.599 and 201 KAR Chapter 36, every three (3) years of licensure. A person holding a license who teaches the board-approved training shall be deemed to have completed this requirement.

(6) All mandatory trainings on domestic violence; suicide assessment, treatment and management; and Kentucky law shall be approved by the Board and any program offered by a general continuing education provider listed in Section 2(1)(a) shall be submitted to the board for approval.

Section 2. 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. The hours may be earned by completing any of the educational activities established in this section.

(1) Programs not requiring board review and approval. A general continuing education program 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 Board for Certified Counselors; or

4. A state counseling licensure board; or

(b) An academic course offered by a CACREP-accredited counseling program. Academic credit equivalency for continuing education hours shall be fifteen (15) continuing education hours for each one (1) academic credit hour.

(2) Supervision training under 201 KAR 36:065, Section 1(3) shall be pre-approved by the board, and presented by the board or an instructor who is licensed by the board as a Licensed Professional Clinical Counselor - Supervisor (LPCC-S).

(3) The continuing education program on the law for regulating professional counseling, KRS 335.500 to 335.599 and 201 KAR Chapter 36, shall be presented by the board, an instructor who is licensed by the board, or an attorney who demonstrates knowledge of KRS 335.500 to 335.599 and 201 KAR Chapter 36 in the Continuing Education Program Application.

Section 3. Procedures for Approval of Continuing Education Programs by a Licensee. To obtain board approval, a licensee shall submit:

(1) A published course or similar description;

(2) The names and qualifications of the instructors;

(3) A copy of the program agenda indicating hours of education, coffee breaks, and lunch breaks, which also states the specific time when each topic of the program is being presented;

(4) The number of continuing education hours requested;

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

(6) The Continuing Education Program Application;

(7) The application review fee established in 201 KAR 36:020 Section 3; and

(8) A copy of the course evaluation.

Section 4. Procedures for Preapproval of Continuing Education Programs by Providers.

(1) Any provider seeking to obtain approval of a continuing education program shall apply to the board at least sixty (60) days in advance of the commencement of the program, and shall provide:

(a) A published course or similar description;

(b) The names and qualifications of the instructors;

(c) A copy of the program agenda indicating hours of education, coffee breaks, and lunch breaks, which states the specific time when each topic of the program is being presented;

(d) The number of continuing education hours requested;

(e) An official certificate of completion or college transcript from the sponsoring agency or college;

(f) The Continuing Education Program Application;

(g) A copy of the course evaluation; and

(h) The application review fee established in 201 KAR 36:020 Section 3.

(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 5. 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 or her own continuing education needs and seek activities that meet those needs;

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

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

(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; or

(c) Affidavit signed by the instructor.

(4) Failure to comply with this administrative regulation shall constitute a violation of KRS 335.540(1)(b) and shall result in sanctions in accordance with KRS 335.540(1).

Section 6. Responsibilities and Reporting Requirements of Providers and Sponsors.

(1) A provider of continuing education not requiring board approval shall be responsible for providing documentation directly to the licensee, as established in Section 5(3) of this administrative regulation.

(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 7. 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 continuing education course provider or 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 8. 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; 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 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 9. Continuing Education Requirements for Reinstatement or Reactivation of License.

(1)

(a) Except as provided by paragraph (b) of this subsection, a person requesting reinstatement or reactivation of a license shall submit evidence of ten (10) hours of continuing education completed within one (1) year prior to the filing of the application for reinstatement or reactivation.

(b) Upon request by the applicant, the board may permit the applicant to resume practice if ten (10) hours of continuing education is obtained within ninety (90) days 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 1 of this administrative regulation and shall not be used to comply with the requirements of that section.

Section 10. Hours required to satisfy the continuing education requirement shall be completed on or before the renewal date established in 201 KAR 36:075, Section 1. Failure to complete the continuing education requirement in Section 1 of this administrative regulation by the renewal date of a license shall require the applicant to submit a reinstatement application in accordance with 201 KAR 36:075.

Section 11. Incorporation by Reference.

(1) "Continuing Education Course Application, DPL-LPC-01", December 2023, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Licensed Professional Counselors, 500 Mero Street, Frankfort, Kentucky 40601, from 8:00 a.m. to 4:00 p.m., Monday through Friday. This material is also available on the board's Web site at lpc.ky.gov.

201 KAR 36:030

25 Ky.R. 481; Am. 829; eff. 9-16-1998; 29 Ky.R. 2510; 2868; eff. 6-16-2003; 32 Ky.R. 2074; 33 Ky.R. 81; eff. 7-24-2006; 42 Ky.R. 841; 1795; 2050; eff. 2-5-2016; 43 Ky.R. 771, 1531; eff. 3-31-2017; 44 Ky.R. 787, 1220; eff. 1-5-2018; 50 Ky.R. 882; eff. 2/16/2024.

STATUTORY AUTHORITY: KRS 210.366, 335.515(3), (6), 335.535(8)