GENERAL GOVERNMENT CABINET 201 KAR 23:075. …bsw.ky.gov/Documents/201_23_075_Amendment_Filed and...

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1 GENERAL GOVERNMENT CABINET 1 Kentucky Board of Social Work 2 (Amendment) 3 201 KAR 23:075. Continuing education for renewal. 4 RELATES TO: KRS 335.130(4) 5 STATUTORY AUTHORITY: KRS 335.070(3), (6), 335.130(4) 6 NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.070(3) authorizes the board to 7 promulgate administrative regulations pursuant to KRS Chapter 13A to carry out the provisions 8 of KRS 335.010 to 335.160 and KRS 335.990. KRS 335.070(6) and KRS 9 335.130(4) allow[allows] the board to require continuing education as a condition of license 10 renewal. This administrative regulation describes[delineates] the requirements for continuing 11 education for renewal and prescribes methods and standards for the board to 12 approve[accreditation of] continuing education courses. 13 Section 1. Definitions. (1) "Academic course[courses] offered by an accredited postsecondary 14 institution" means a graduate level social work course[, at the graduate level]: 15 (a) Designated by a social work title or content; or 16 (b) A graduate level [An]academic course[, at the graduate level,] relevant to social work. 17 (2) "Approved" means recognized by the Kentucky Board of Social Work. 18 (3) "Continuing education hour" means fifty (50) clock minutes of participation in 19 continuing education[educational] programs. 20

Transcript of GENERAL GOVERNMENT CABINET 201 KAR 23:075. …bsw.ky.gov/Documents/201_23_075_Amendment_Filed and...

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GENERAL GOVERNMENT CABINET 1

Kentucky Board of Social Work 2

(Amendment) 3

201 KAR 23:075. Continuing education for renewal. 4

RELATES TO: KRS 335.130(4) 5

STATUTORY AUTHORITY: KRS 335.070(3), (6), 335.130(4) 6

NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.070(3) authorizes the board to 7

promulgate administrative regulations pursuant to KRS Chapter 13A to carry out the provisions 8

of KRS 335.010 to 335.160 and KRS 335.990. KRS 335.070(6) and KRS 9

335.130(4) allow[allows] the board to require continuing education as a condition of license 10

renewal. This administrative regulation describes[delineates] the requirements for continuing 11

education for renewal and prescribes methods and standards for the board to 12

approve[accreditation of] continuing education courses. 13

Section 1. Definitions. (1) "Academic course[courses] offered by an accredited postsecondary 14

institution" means a graduate level social work course[, at the graduate level]: 15

(a) Designated by a social work title or content; or 16

(b) A graduate level [An]academic course[, at the graduate level,] relevant to social work. 17

(2) "Approved" means recognized by the Kentucky Board of Social Work. 18

(3) "Continuing education hour" means fifty (50) clock minutes of participation in 19

continuing education[educational] programs. 20

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(4) "Program" means an organized educational experience, which is: 1

(a) Planned and evaluated to meet behavioral objectives; and 2

(b) Presented in one (1) session or series. 3

(5) "Provider" means a person or an organization approved by the Kentucky Board of Social 4

Work to provide a single continuing education program over the course of one (1) year. 5

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

(7) "Sponsor" means a person or an organization approved by the Kentucky Board of Social 7

Work to provide more than one (1) continuing education program over the course of one (1)[a] 8

year. 9

(8) "Training program in suicide assessment, treatment, and management" means an empirically 10

supported training program approved by the board that is at least six (6) hours in length and 11

contains suicide assessment including screening and referral, suicide treatment, and suicide 12

management as required by KRS 210.366. 13

Section 2. Accrual and Computation of Continuing Education Hours for Renewal. 14

(1) Each certified social worker and licensed clinical social worker shall complete a minimum of 15

thirty (30) continuing education hours during the three (3) year period for renewal, which shall 16

be completed in person before a live presenter or through home or self-study, courses delivered 17

through electronic media or technology including distance learning, online, or teleconference 18

courses [A minimum of thirty (30) continuing education hours shall be accrued by each licensed 19

clinical social worker and certified social worker holding licensure during the three (3) year 20

period for renewal]. 21

(2) Each licensed social worker shall complete a minimum of fifteen (15) continuing education 22

hours during the three (3) year period for renewal, which shall be completed in person before a 23

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live presenter or through home or self-study, courses delivered through electronic media or 1

technology including distance learning, online, or teleconference courses [A minimum of fifteen 2

(15) continuing education hours shall be accrued by each licensed social worker holding 3

licensure during the three (3) year period for renewal]. 4

(3) All continuing education hours shall be [in or] relevant to the licensee's level of licensure. 5

(4) Kentucky Code of Ethical Conduct. Each renewal period, each licensee shall complete a 6

board approved three (3) hour course on the Kentucky Code of Ethical Conduct established in 7

201 KAR 23:080, which shall be taken in person before a live presenter or through courses 8

delivered through electronic media or technology including distance learning, online, or 9

teleconference courses [Three (3) of the continuing education hours during each renewal period 10

shall be acquired in the area of the social work code of ethics as established in 201 KAR 23:080]. 11

(5) Clinical Social Work Supervision. Each renewal period, as part of their required continuing 12

education hours, each licensed clinical social worker[workers] who is a[are] board 13

approved supervisor[supervisors] pursuant to 201 KAR 23:070, Section 4[3](1)(c)2, shall 14

complete a three (3) hour, board approved clinical social work supervision course, which shall be 15

taken in person before a live presenter[every licensure renewal period as part of their thirty (30) 16

continuing education hours]. 17

(6) Training Program in Suicide Assessment, Treatment, and Management. Every six (6) years, 18

as part of their required continuing education hours, each licensee shall complete a minimum of 19

six (6) hours of continuing education in a board approved training program in suicide 20

assessment, treatment, and management as required by KRS 210.366(2). 21

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(a) The training program in suicide assessment, treatment, and management shall be approved by 1

the board, by a pre-approved provider or sponsor identified in Section 3(1) of this administrative 2

regulation, or by one (1) of the following boards: 3

1. Kentucky Board of Licensure of Marriage and Family Therapists; 4

2. Kentucky Board of Licensed Professional Counselors; 5

3. Kentucky Board of Licensure for Pastoral Counselors; 6

4. Kentucky Board of Alcohol and Drug Counselors; 7

5. Kentucky Board of Examiners of Psychology; or 8

6. Kentucky Board of Licensure for Occupational Therapy. 9

(b) Exemptions. A licensee shall be exempted from completion of the training program in suicide 10

assessment, treatment, and management if he or she: 11

1. Teaches or taught a graduate-level counseling course in suicide assessment, treatment, and 12

management at least once per year during the six (6) year period. 13

2. Teaches or taught a six (6) hour continuing education course in suicide assessment, treatment, 14

and management at least once per year during the six (6) year period[Every third renewal period, 15

two (2) of the continuing education hours shall be on HIV/AIDS courses approved by the 16

Cabinet for Health and Family Services pursuant to KRS 214.610]. 17

(7) Domestic Violence. During the three (3) year renewal period following initial licensure, as 18

part of their required continuing education hours, each licensee shall complete three (3) hours of 19

continuing education in domestic violence related training courses as defined by KRS 20

194A.540[Three (3) of the continuing education hours shall be completed in the area of domestic 21

violence related training courses pursuant to KRS 194A.540 during the three (3) year cycle 22

following initial licensure]. 23

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(8) Pediatric Abusive Head Trauma. At least one (1) time every six (6) years, as part of their 1

required continuing education hours, each licensee shall complete one and one-half (1.5) hours 2

of continuing education covering the recognition and prevention of pediatric abusive head 3

trauma as defined in KRS 620.020[One and one-half (1.5) hours of continuing education shall be 4

completed one (1) time every six (6) years in the area of the recognition and prevention of 5

pediatric abusive head trauma pursuant to KRS 335.130(5)]. 6

(9) Academic Credit Equivalency. Academic credit equivalency for continuing education hours 7

shall be based on one (1) credit hour equals fifteen (15) continuing education hours. 8

Section 3. Methods of Acquiring Continuing Education Hours. Continuing education hours for 9

renewal[applicable to the renewal of the license] shall be directly related to the professional 10

growth and development of the licensee. The hours may be earned by completing any of 11

the continuing[following] education programs listed in this section.[:] 12

(1) Preapproved programs not requiring board review and approval. Except for courses on the 13

Kentucky Code of Ethical Conduct under Section 2(4) of this administrative regulation, and 14

courses on clinical social work supervision under 201 KAR 23:070, Section 4(1)(c)2, which 15

require separate review and approval by the board[Except for courses on ethics which are 16

provided to meet the requirements of Section 2(4) of this administrative regulation and courses 17

for supervision under 201 KAR 23:070, Section 3(1)(c)2], an educational program from any of 18

the following providers shall be deemed to be relevant to the practice of social work and shall be 19

approved without further review by the board if it is: 20

(a) Sponsored or approved by: 21

1. The Association of Social Work Boards (ASWB); 22

2. The National Association of Social Workers (NASW) or any of its affiliated state chapters; 23

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3. The National Association of Black Social Workers (NABSW) or any of its affiliated state 1

chapters; 2

4. The North American Association of Christians in Social Work or any of its affiliated state 3

chapters; or 4

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

2. The Association of Social Work Boards]; 6

(b) Sponsored by: 7

1.[Clinical Social Work Association or any of its affiliated state chapters; 8

2.] The American Psychological Association or any of its affiliated state chapters; 9

2.[3.] The American Counseling Association or any of its affiliated state chapters; 10

3.[4.] The National Board for Certified Counselors or any of its affiliated state chapters; 11

4.[5.] The American Psychiatric Association or any of its affiliated state chapters; or 12

5.[6.] A college, school, department, or program of social work in Kentucky, which is accredited 13

by the Council on Social Work Education (CSWE); or 14

(c) An academic course offered by an accredited postsecondary institution directly related to 15

social work, counseling, or psychology. 16

(2) Programs requiring board review and approval. 17

(a) A program that is not provided or sponsored by a preapproved provider or sponsor identified 18

in subsection (1) of this section shall be reviewed by the board and approved for continuing 19

education credit if the board determines that it is: 20

1. Relevant to the practice of social work; and 21

2. Contributes to the continuing professional competency of licensees. 22

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(b) The board may approve various methods in which a continuing education program is 1

presented including: 2

1. Home or self-study, courses delivered through electronic media or technology including 3

distance learning, online, or teleconference courses; and 4

2. In-service training, conferences, or workshops provided by other organizations, educational 5

institutions, or other service providers approved by the board. 6

(c) Board approval for home or self-study courses, courses delivered through electronic media or 7

technology including distance learning, online, or teleconference courses shall be obtained each 8

year unless the continuing education program does not require board approval under subsection 9

(1) of this section[A program from any of the following sources shall be reviewed and 10

determined if it is relevant and therefore subsequently approved by the board. 11

(a) Relevant programs, including home study, distance learning or teleconference courses, and 12

in-service training provided by other organizations, educational institutions, or other service 13

providers approved by the board. 14

1. Board approval for home study, distance learning and teleconference courses shall be obtained 15

each year unless the program does not require board approval under subsection (1) of this 16

section. 17

2. The combined total number of hours for home study, distance learning or teleconference 18

courses shall not exceed one-half (1/2) of the individual’s continuing education hours. 19

3. Courses on the board’s code of ethics which are taken to meet the requirements of Section 2(4) 20

of this administrative regulation and courses for supervision under 201 KAR 23:070, Section 21

3(1)(c)2, shall be attended in person before a live presenter, and shall not be taken through home 22

study, distance learning or teleconference courses]. 23

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(3)[(b)] Relevant programs or academic courses presented by the licensee. A licensee who 1

presents[presenter of] relevant programs or academic courses shall earn full continuing education 2

credit for each contact hour of instruction, not to exceed one-half (1/2) of the continuing 3

education renewal requirements. Credit shall not be issued for repeated instruction of the same 4

course. 5

(4) Relevant articles authored by the licensee. A licensee who is an author of a relevant article, 6

which is published in a professionally recognized or juried publication, shall earn continuing 7

education credit not to exceed one-half (1/2) of the continuing education requirements for 8

renewal, if the article was published within one (1) year immediately preceding his or her 9

renewal date[(c) Authoring an article in a relevant, professionally recognized or juried 10

publication. Credit shall not be granted unless an article was published within the one (1) year 11

period immediately preceding the renewal date]. A licensee shall not earn more than one-half 12

(1/2) of the continuing education hours required for renewal under the provisions of this 13

subsection]. More than one (1) publication shall not be counted for continuing education credit 14

during each renewal period. 15

(5) The following continuing education courses shall be submitted to the board for approval and 16

shall not be automatically preapproved under subsection (1) of this section: 17

(a) Kentucky Code of Ethical Conduct required by Section 2(4) of this administrative regulation; 18

and 19

(b) Clinical social work supervision for board-approved supervisors required by 201 KAR 20

23:070, Section 4(1)(c)2[(d) Courses on ethics required by Section 2(4) of this administrative 21

regulation shall be submitted to the board for approval and shall not be automatically approved 22

under Section 3(1) of this administrative regulation]. 23

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Section 4. Procedures for Approval and Renewal of Continuing Education Providers and 1

Programs. (1) Provider Approval. A provider seeking approval of a continuing education 2

program shall apply to the board no less than thirty (30) days in advance of the commencement 3

of the program, and provide the information required by subsection (3) of this section. 4

(2) The board shall approve a continuing education program if it determines that the program 5

being presented: 6

(a) Is relevant to the practice of social work; 7

(b) Contributes to the continuing professional competency of a licensee; and 8

(c) Has competent instructors with appropriate academic training, professional license or 9

certification, or professionally recognized experience. 10

(3) The board may approve a provider of a continuing education program for one (1) year if the 11

provider: 12

(a) Files a completed Provider/Sponsor Application for Continuing Education Approval, which 13

includes: 14

1. A published program outline that includes an explanation of the program objectives; 15

2. The names and qualifications of the instructors presented in the form of resumes or curriculum 16

vitas; 17

3. A copy of the evaluation sheet by which the licensee can assess and comment on the program; 18

4. A copy of the program agenda stating the number of continuing education credit hours, 19

including all breaks; 20

5. The number of continuing education credit hours requested; 21

6. A copy of the official certificate of completion or attendance from the provider; and 22

7. A statement whether the provider is requesting approval to meet the requirements of the 23

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following courses: 1

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

or 3

b. Clinical social work supervision for board-approved supervisors required by 201 KAR 23:070, 4

Section 4(1)(c)2; and 5

(b) Pays an application fee, payable to the Kentucky State Treasurer, of: 6

1. $100 for each one (1) day program of eight (8) hours or less; and 7

2. $100 for each additional one (1) day program of eight (8) hours or less. 8

(4) If the provider is requesting approval to meet the requirements of the Kentucky Code of 9

Ethical Conduct course required for renewal by Section 2(4) of this administrative regulation, a 10

minimum of one (1) presenter or instructor for the course shall: 11

(a) Hold a degree in social work; 12

(b) Hold an active license to practice social work in the Commonwealth of Kentucky; 13

(c) Not have an unresolved, pending disciplinary action before the board; and 14

(d) Not be practicing social work under terms or conditions of supervision imposed by the board. 15

(5) If the provider is requesting approval to meet the requirements of the clinical social work 16

supervision course required for board approved supervisors by 201 KAR 23:070, Section 17

4(1)(c)2, each presenter or instructor for the course shall: 18

(a) Hold a degree in social work; 19

(b) Hold an active social work license in the Commonwealth of Kentucky; 20

(c) Be a board approved supervisor; 21

(d) Not have an unresolved, pending disciplinary action before the board; and 22

(e) Not be practicing social work under terms or conditions of supervision imposed by the board. 23

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(6) A provider of continuing education shall be responsible for providing documentation in the 1

form of a certificate of attendance or completion directly to the licensee, as established in Section 2

7(5) of this administrative regulation. 3

(7) A provider of a continuing education program requiring board approval shall not advertise 4

that a course has been approved before written board approval has been received. 5

(8) Provider Renewal. An approved provider may submit a renewal request for a subsequent one 6

(1) year period by: 7

(a) Notifying the board that the original information required in this section for each program 8

remains current; and 9

(b) Paying a fifty (50) dollar renewal fee made payable to the Kentucky State Treasurer[A 10

program, which is offered by a provider, may be used for continuing education if approval is 11

secured from the board for the course. In order for the board to adequately review these 12

programs, the following information shall be submitted: 13

(a) A published course outline or similar description which includes an explanation of the course 14

objectives; 15

(b) Names and qualifications of the instructors presented in the form of curriculum vitas or 16

resumes; 17

(c) Copies of the evaluation sheet or instrument by which the attendees can comment on the 18

program, and the program agenda indicating hours of education, including all breaks; 19

(d) Number of continuing education hours requested and a statement whether the provider is 20

requesting course approval to meet the requirements of Section 2(4) of this administrative 21

regulation; 22

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(e) Official certificate of completion or college transcript from the sponsoring agency or college; 1

and 2

(f) A completed Provider Application for Continuing Education Credit Approval form. 3

(2) The board may approve a specific continuing education program if the provider of the 4

program: 5

(a) Files a written request for approval; 6

(b) Pays an application fee of $100 for each one day program of eight (8) hours or less; and 7

(c) Provides information about each continuing education program that it proposes to present 8

which meets the requirements established in subsection (1) of this section. 9

(3) The approval of a program pursuant to this section shall permit the provider to offer the 10

program for one (1) year. 11

(4) The provider shall submit a request for renewal and a fifty (50) dollar renewal fee for each 12

subsequent request to offer the same approved program]. 13

Section 5. Procedures for Approval and Renewal of Continuing Education for Sponsors and 14

Programs. (1) Sponsor Approval. A sponsor seeking approval of continuing education programs 15

shall apply to the board no less than thirty (30) days in advance of the commencement of the 16

program, and provide the information required by subsection (3) of this section. 17

(2) The board shall approve a continuing education program if it determines that the program 18

being presented meets the following criteria[Preapproval of Continuing Education Sponsors and 19

Programs. (1) Sponsor approval. Any sponsor seeking to obtain approval of a continuing 20

education program prior to its offering shall: 21

(a) Apply to the board at least thirty (30) days in advance of the commencement of the program, 22

and shall provide the information required in Section 4(1) of this administrative regulation; and 23

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(b) Provide proof to the board that the sponsor seeking this status: 1

1. Consistently offers programs which meet or exceed all the requirements set forth in subsection 2

(2) of this section; and 3

2. Does not exclude any licensee from its programs. 4

(2) A continuing education program shall be qualified for approval if the board determines that 5

the program being presented]: 6

(a) Is relevant to the practice of social work; 7

(b) Contributes to the professional competency of the licensee; and 8

(c) Has competent instructors with appropriate academic training, professional licenses[license] 9

or certifications[certification], or professionally recognized experience. 10

(3) The board may approve a sponsor of continuing education programs for one (1) year if the 11

sponsor: 12

(a) Files a completed Provider/Sponsor Application for Continuing Education Approval, which is 13

received by the board thirty (30) days in advance of the commencement of the program, and 14

includes: 15

1. A published program outline that includes an explanation of the program objectives; 16

2. The names and qualifications of each presenter and instructor documented in the form of 17

resumes or curriculum vitas; 18

3. A copy of the evaluation sheet by which the licensee can assess and comment on the program; 19

4. A copy of the program agenda stating the number of continuing education credit hours, 20

including all breaks; 21

5. The number of continuing education credit hours requested; 22

6. A copy of the official certificate of completion from the provider/sponsor; and 23

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7. A statement whether the sponsor is requesting approval to meet the requirements of the 1

following courses: 2

a. Kentucky Code of Ethical Conduct required by Section 2(4) of this administrative regulation; 3

or 4

b. Clinical Social Work Supervision for board-approved supervisors required by 201 KAR 5

23:070, Section 3(1)(c)2; and 6

(b) Pays an initial application fee of $250 made payable to the Kentucky State Treasurer. 7

(4)[The sponsor shall specify whether it is requesting course approval to meet the requirements 8

of Section 2(4) of this administrative regulation. 9

(4)(a) The board may approve an organization that is not listed in Section 3(1) of this 10

administrative regulation as a sponsor of continuing education for a twelve (12) month period if 11

the organization: 12

1. Files a written request for approval by submitting the Sponsorship Application for Continuing 13

Education Credit Approval form; 14

2. Pays an initial application fee of $250; and 15

3. Proposes to sponsor continuing education programs that meet the requirements established in 16

Section 3 of this administrative regulation. 17

(b)] The board shall periodically review the programs that a sponsor has provided to determine if 18

the sponsor continues to meet the requirements of this administrative regulation. 19

(5)[(c)] An approved sponsor shall submit an annual report to the board of the continuing 20

education programs offered during that calendar year and shall include copies of attendance 21

sheets and evaluations (or evaluation summaries) for each program. 22

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(6) A sponsor of a continuing education program shall be responsible for providing 1

documentation in the form of a certificate of attendance directly to the licensee, as established in 2

Section 7(5) of this administrative regulation. 3

(7) A sponsor of a continuing education program requiring board approval shall not advertise 4

that the course has been approved before written board approval has been received. 5

(8) Sponsor Renewal. An approved sponsor may submit a renewal request for a subsequent one 6

(1) year period by notifying the board that the original information required in this section for 7

each program remains current and by paying $150 renewal fee made payable to the Kentucky 8

State Treasurer [(d) A sponsor that is approved pursuant to paragraph (a) of this subsection may 9

request renewal of its approval for subsequent years by filing a 150 renewal fee annually and 10

notifying the board that the original information required in this section remains current]. 11

Section 6. Individual Request for Board Review and Approval of Continuing Education 12

Courses. (1) A licensee[or a certificate holder] may request an individual review of a continuing 13

education program that was otherwise not approved if it was completed during the three (3) year 14

renewal[appropriate time] period if the individual licensee[has]: 15

(a) Applies[Made a timely request by applying] for individual review by submitting the 16

Individual Application for Continuing Education[Credit] Approval [form]; and 17

(b) Pays[Paid] a fee of ten (10) dollars made payable to the Kentucky State Treasurer. 18

(2) The board’s review shall be based on the standards for continuing education established by 19

this administrative regulation. 20

(3) The board’s approval[by the board] of a continuing education program under this section 21

shall: 22

(a) Qualify as if it has been obtained from an approved provider or sponsor; and 23

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(b) Be limited to the particular program[offering] upon which the request for individual review is 1

based. 2

Section 7. Responsibilities and Reporting Requirements of Licensees. Each licensee shall be 3

responsible for obtaining the required continuing education hours for his or her renewal. The 4

licensee shall identify his or her own continuing education needs, seek[take the initiative in 5

seeking] continuing professional education activities to meet those[these] needs, 6

and develop[seek] ways to integrate new knowledge, skills, and attitudes. Each licensee[person 7

holding licensure] shall: 8

(1) Select approved programs by which to earn continuing education hours for renewal; 9

(2) Submit to the board, if applicable, a request for continuing education programs requiring 10

approval by the board as established in Section 3[4]of this administrative regulation; 11

(3) Maintain his or her[the licensee's own] records of continuing education hours; 12

(4) At the time of renewal, list the continuing education hours obtained during that licensure 13

renewal period; and 14

(5) If requested by the board, furnish documentation [of attendance and participation in the 15

appropriate number] of continuing education courses completed[hours] at the time of his or her 16

renewal[, as follows:] 17

(a)[Each person holding licensure shall maintain, for a period of one (1) year from the date of 18

renewal, all documentation verifying successful completion of continuing education hours; 19

(b)] In each calendar year, the board shall require up to fifteen (15) percent of all licensees [shall 20

be required by the board] to furnish documentation of the completion of[the appropriate number 21

of] continuing education hours for the current renewal period; 22

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(b) Documentation[(c) Verification] of continuing education hours shall not otherwise be 1

reported to the board; 2

(c)[(d)] Documentation shall take the form of official documents including: 3

1. Transcripts; 4

2. Certificates of completion or attendance; 5

3. Affidavits signed by instructors; or 6

4. Receipts for fees paid to the provider or sponsor; and 7

(d)[(e)] Each licensee shall retain copies of his or her documentation for a period of one (1) year 8

following the date of his or her last renewal. 9

Section 8.[Responsibilities and Reporting Requirements of Providers and Sponsors. (1) Providers 10

of continuing education not requiring board approval shall be responsible for providing 11

documentation, as established in Section 7(5) of this administrative regulation, directly to the 12

licensee. 13

(2) Sponsors of continuing education requiring board approval shall be responsible for 14

submitting a course offering to the board for review and approval before listing or advertising 15

that offering as approved by the board. 16

Section 9.] Board to Approve Continuing Education Hours; Appeal if Approval Denied. If an 17

application for approval of continuing education hours is denied, in whole or part, a licensee,[or 18

a] provider, or sponsor may request[reconsideration by] the board to reconsider[of] its decision. 19

The request shall be in writing and shall be received by the board within thirty (30) days after the 20

date of the board’s decision denying approval of continuing education hours. 21

Section 9[10]. Waiver or Extensions of Continuing Education Requirements. (1)[The board 22

may,] In individual cases involving medical disability, illness, or undue hardship as determined 23

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by the board, the board may grant waivers of the minimum continuing education requirements or 1

extensions of time[within which] to fulfill the requirements for renewal or make the required 2

reports of continuing education credits. 3

(2) A licensee may submit a written request to the board for a waiver or extension of time 4

involving medical disability, illness, or undue hardship. 5

(a) If the request is based on medical disability or illness, the licensee shall include a written 6

statement[A written request for waiver or extension of time involving medical disability or 7

illness shall be submitted by the person holding licensure and shall be accompanied by a 8

verifying document] signed by a licensed physician. 9

(b) If the request is based upon undue hardship, the licensee shall submit a written explanation of 10

the nature of the undue hardship. 11

(c) At its discretion, the board may request that a licensee provide additional information and 12

verification by a third party. 13

(3) The board may grant a waiver[waivers] of the minimum continuing education requirements 14

or an extension[extensions] of time[within which] to a licensee to fulfill the continuing education 15

requirements for renewal [may be granted by the board] for a period of time not to exceed one 16

(1) calendar year. 17

(4) If the medical disability,[or] illness, or undue hardship upon which a waiver or extension has 18

been granted continues beyond the period of the waiver or extension, the licensee may[person 19

holding licensure shall] reapply for the waiver or extension. 20

(a) If the reapplication is based on medical disability or illness, the licensee shall include a 21

written statement signed by a licensed physician. 22

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(b) If the reapplication is based upon undue hardship, the licensee shall submit a written 1

explanation of the nature of the undue hardship. 2

(c) At its discretion, the board may request that a licensee provide additional information and 3

verification by a third party to support the reapplication. 4

Section 10[11]. Continuing Education Requirements for Reinstatement of Expired License[or 5

Reactivation of Licensure]. (1) A certified social worker or a licensed clinical social worker who 6

requests reinstatement of an expired license[person requesting reinstatement or reactivation of 7

licensure] shall submit documentation[evidence] of completion of thirty (30) hours of continuing 8

education within the three (3) year[thirty-six (36) month] period immediately preceding the 9

date he or she submits[on which] the request for reinstatement[or reactivation is submitted] to the 10

board. 11

(2) A licensed social worker who requests reinstatement of an expired license shall submit 12

documentation of completing fifteen (15) hours of continuing education within the three (3) year 13

period immediately preceding the date he or she submits the request for reinstatement to the 14

board[The person may request, and the board, at its discretion, may reinstate the licensure, with 15

the provision that the person shall receive thirty (30) hours of continuing education within six (6) 16

months of the date on which the licensure is reinstated]. 17

(3) If the licensee requesting reinstatement cannot provide evidence of completion of the 18

required hours of continuing education, the board may reinstate the license for six (6) months on 19

the condition that the licensee obtain the required hours of continuing education for his or her 20

level of licensure within six (6) months of the date the license is reinstated. 21

(4) The continuing education hours completed for reinstatement[received in compliance with this 22

section] shall be in addition to the continuing education requirements for renewal established in 23

20

Section 2 of this administrative regulation and shall not be used to comply with the requirements 1

of that section. 2

(5) Failure to obtain the required continuing education hours within the approved six (6) month 3

period shall result in termination of the reinstated license. 4

Section 11[12]. Incorporation by Reference. (1) The following material is incorporated by 5

reference: 6

(a) "Provider/Sponsor[Provider] Application for Continuing Education[Credit] 7

Approval”, 10/2016[10/2010]; 8

(b) "Provider/Sponsor Renewal Application for Continuing Education Approval”, 9

11/2016; and[Sponsorship Application for Continuing Education Credit Approval", 10/2010]; 10

and 11

(c) "Individual Application for Continuing Education[Credit] Approval”, 11/2016[10/2010]. 12

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at 13

Kentucky Board of[Licensure for] Social Work, 43-44 Fountain Place, Frankfort, Kentucky 14

40601, Monday through Friday, 8 a.m. to 4:30 p.m. or on the board’s website bsw.ky.gov.15

21

October 31, 2016 ______________________________ Date William M. Adcock, Chair Kentucky Board of Social Work

22

PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this

administrative regulation shall be held on December 21, 2016, at 10:00 a.m., local time, at the

Kentucky Board of Social Work, 43-44 Fountain Place, Frankfort, Kentucky. Individuals

interested in being heard at this hearing shall notify this agency in writing five (5) workdays

prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is

received by that date, the hearing may be canceled. This hearing is open to the public. Any

person who wishes to be heard will be given an opportunity to comment on the proposed

administrative regulation. A transcript of the public hearing will not be made unless a written

request for a transcript is made. If you do not wish to be heard at the public hearing, you may

submit written comments on the proposed administrative regulation. Written comments shall be

accepted the end of the calendar day, December 31, 2016. Send written notification of intent to

be heard at the public hearing or written comments on the proposed administrative regulation to

the contact person.

CONTACT PERSON: Florence S. Huffman, Executive Director, Kentucky Board of

Social Work, 43-44 Fountain Place, Frankfort, Kentucky 40601; Phone: (502) 564-2350; Fax:

(502) 696-8030; Email: [email protected].

23

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Regulation Number: 201 KAR 23:075

Contact Person: Florence S. Huffman, Executive Director

Phone Number: Direct line – (502) 782-2856 or office line – (502) 564-2350

Email Address: [email protected]

(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

24

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 or self-study, courses

delivered through electronic media or technology including distance learning, online, or

teleconference courses. 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

25

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 5,200 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

26

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.

27

(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 applied

uniformly to each licensee, each provider of a single continuing education course, and to each

sponsor of multiple continuing education courses requesting approval from the board. This

regulation does not distinguish between similarly situated “providers” on the basis of any factor

because each provider seeking approval of a single course is required to submit the same

information and pay a scheduled fee depending upon course credit hours; the same is true for a

similarly situation “sponsor” who is requesting approval of more than one continuing education

course. The evaluation criteria established by this amendment equalizes the requirements for

providers and sponsors.

28

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

Regulation Number: 201 KAR 23:075

Contact Person: Florence S. Huffman

Phone Number: Direct line – (502) 782-2856 or office line – (502) 564-2350

Email Address: [email protected]

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 a continuing education requirement for suicide

prevention training, mandated for all mental health professionals and occupational therapists by

July 2016); 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. Please note

the six hours for the suicide prevention programs should be included when licensees calculate the

total continuing education hours due for their renewal period.

(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.

29

(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:

30

SUMMARY OF REFERENCE MATERIAL

201 KAR 23:075

201 KAR 23:075 incorporates by reference "Provider/Sponsor Application for Continuing

Education Approval,” "Provider/Sponsor Renewal Application for Continuing Education

Approval,” and "Individual Application for Continuing Education Approval,” editions that the

board adopted at its regular meetings on January 26, 2016, and with later amendments agreed

upon at the June 21, 2016, in accordance with KRS 335.070(3). These forms set out information

required to be submitted by a provider, sponsor or licensee.

• The “Provider/Sponsor Application for Continuing Education Approval”,

{11/2016}, consists of two (2) pages, and incorporates the information to be

submitted by provider or sponsor to the board for approval of a proposed

continuing education course(s), curriculum and instructor(s) or presenter(s);

• The “Provider/Sponsor Renewal Application for Continuing Education

Approval”, {11/2016}, consists of two (2) pages, and incorporates the information

to be submitted by provider or sponsor to the board who wish to renew their

approval of a proposed continuing education course(s), curriculum and

instructor(s) or presenter(s); and

• The “Individual Application for Continuing Education Approval”, {11/2016},

consists of two (2) pages and incorporates the information to be submitted by an

individual licensee to the board for approval of a continuing education course(s)

that wasn’t preapproved by the board or presented by one of the preapproved

sponsors and/or providers.

1

KENTUCKY BOARD OF SOCIAL WORK 43-44 FOUNTAIN PLACE FRANKFORT, KY 40601

bsw.ky.gov 502-564-2350

Individual Application for Continuing Education Approval

Fee $10.00 for each course approval (check or money order payable to KY State Treasurer) Date of application: 1. Name of Licensee: License Number: 2. Address Street

Phone: Email Address:

City State Zip Code

3. ATTACH/UPLOAD CERTIFICATE OF COMPLETION FOR COURSE (REQUIRED) 4. Program provided or sponsored by: Title of Program: Date(s) of Presentation: CEU Credit/Contact Hours Requested:

NOTE: 50 minutes equals one (1) continuing education our, do not include breaks, lunch etc.

5. Format of Program Delivery: □ Live event: in person/face-to-face □ Online or on-demand webinar □ Other: specify

6. Instructors:

� ATTACH/UPLOAD RESUME OR CV OF EACH INSTRUCTOR (REQUIRED)

Name of Instructor:

Title of Instructor: 7. Program Description: 8. Program Objectives: 9. Method of Evaluation:

OFFICE USE ONLY Date Received: Fee: Date Reviewed: Incomplete: Complete: KBSW Approval #

2

REQUIRED ATTACHMENTS (UPLOAD OR ATTACH):

� Certificate of completion or attendance � Program agenda indicating hours of instruction � Resume of each instructor � $10 fee (pay online or mail check or money order payable to Ky. State Treasurer)

Signature of Licensee Date: Individual Application for Continuing Education Approval 11/2016

1

KENTUCKY BOARD OF SOCIAL WORK 43-44 FOUNTAIN PLACE FRANKFORT KY 40601

bsw.ky.gov 502-564-2350

Provider or Sponsor Application for Continuing Education Approval

NOTE: All applications must be submitted thirty (30) days in advance of the start date of the program. Date of application: Check one (1): Are you applying as a Provider or a Sponsor?

� Provider: Initial Application Fee: $100.00 for each program of eight (8) hours or less If the program extends to another day, please add an additional $100 fee

Make check or money order payable to KY State Treasurer � Sponsor: Initial Application Fee: $250.00

Make check or money order payable to KY State Treasurer

• Apply online at bsw.ky.gov/Continuing Education; or • Complete and mail the application including required attachments and fee. 1. Provider or Sponsor Name:

Address:

Street:

City: State: Zip Code:

Phone:

Email address: 2. Name of person submitting application: Signature of person submitting application:

Phone: Email address: 3. Type of Organization:

Accredited University/College: Social Work Dept. Accredited University/College: Other Dept. Private Educational Organization Government Agency Professional Society/Association Hospital/Medical School Mental Health Center/Clinic Other (Specify)

OFFICE USE ONLY Date Received: Fee: Date Reviewed: Complete: Incomplete: KBSW Approval #:

2

� PROVIDERS must complete Items 1 through 6 with attachments.

� SPONSORS must complete Items 1 through 6 with attachments for each program requiring approval.

4. Title of Program:

Program Date(s):

Number of Contact Hours Requested: Note: 50 min. equals 1 CEU, do not include breaks.

5. Is this program to be considered for the three (3) hour ethics program for renewal? Yes No

� If yes, this program and instructor(s) must meet the requirements of 201 KAR 23:075 and 201 KAR

23:080

6. Is this program to be considered for the three (3) hour clinical social work supervision program for approved

LCSW supervisors? Yes No

� If yes, this program and instructor(s) must meet the requirements of 201 KAR 23:070 and 201 KAR

23:075.

7. Format of Program Delivery: □ Live event: in person/face-to-face □ Online or on-demand webinar □ Other:

specify

8. Instructors (attach verification resume or curriculum vitae) Name of Instructor: Title of Instructor: 9. Program Description: 10. Program Objectives: 11. Program Outline: 12. Method of Evaluation: REQUIRED ATTACHMENTS (UPLOAD OR ATTACH):

1. Resume or CV for each instructor (biographical summaries are not sufficient). 2. Program Agenda indicating hours of instruction including all breaks. 3. Sample evaluation form that will used by participants to rate the program. 4. Sample certificate of completion (must include KBSW Approval No. on the certificate with hours of CE

credits). 5. Required fee.

Provider/Sponsor Application for Continuing Education Approval 11/2016

1

KENTUCKY BOARD OF SOCIAL WORK 43-44 FOUNTAIN PLACE FRANKFORT KY 40601

bsw.ky.gov 502-564-2350

Provider or Sponsor Renewal Application for Continuing Education Approval

NOTE: All renewal applications must be submitted thirty (30) days in advance of the start date of the program. Date of application: Check one (1): Are you applying for renewal as a Provider or a Sponsor?

� Provider: Renewal Application Fee: $50.00 for each program of eight (8) hours or less If the program extends to another day, please add an additional $100 fee

Make check or money order payable to KY State Treasurer

� Sponsor: Initial Application Fee: $150.00 Make check or money order payable to KY State Treasurer

• Apply online at bsw.ky.gov/Continuing Education; or • Complete and mail the renewal application including required attachments and fee. To renew the same approved program(s):

1. Provider or sponsor shall affirm that the original instructor(s) and program content submitted in the original approved application will remain the same; and

2. Submit the following: � Annual report of the continuing education program offered � Roster of participants � Evaluations of program

1. Provider or Sponsor Name:

Address:

Street:

City: State: Zip Code:

Phone:

Email address: 2. Name of person submitting renewal application: Signature of person submitting renewal application: Phone: Email:

OFFICE USE ONLY Date Received: Fee: Date Reviewed: Complete: Incomplete: KBSW Approval #:

2

3. Type of Organization: Accredited University/College: Social Work Dept. Accredited University/College: Other Dept. Private Educational Organization Government Agency Professional Society/Association Hospital/Medical School Mental Health Center/Clinic Other (Specify)

4. Title of Program:

Original Approval Date: Original KBSW Approval No.:

Number of Contact Hours Requested: Note: 50 min. equals 1 CEU, do not include breaks.

5. Is this program to be considered for the three (3) hour ethics program for renewal? Yes No

� If yes, this program and instructor(s) must meet the requirements of 201 KAR 23:075 and 201 KAR

23:080.

6. Is this program to be considered for the three (3) hour clinical social work supervision program for approved

LCSW supervisors? Yes No

� If yes, this program and instructor(s) must meet the requirements of 201 KAR 23:070 and 201 KAR

23:075.

REQUIRED ATTACHMENTS (UPLOAD OR ATTACH):

� Annual report of the continuing education program offered � Roster of participants � Evaluations of program � Required fee

I affirm that the information contained in this renewal application is true and correct and that the original information, including instructors and program content, will remain the same. Name of person submitting application: Signature: Phone: Email:

Provider-Sponsor Renewal Application for Continuing Education Approval 11/2016