PUBLIC PROTECTION
CABINET

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KENTUCKY BOARD OF LICENSED PROFESSIONAL COUNSELORS

Proposed Administrative Regulations


KAR #Summary
201 KAR 36:005The amendment will make terms gender neutral, clarify terminology, add items to the definition of “document”, strike the definition of “good moral character”, add the definition of “student” and clarify the definition of “supervisor”.
KAR TitleFiling DateEmailProposed Administrative RegulationRegulatory Impact StatementAmended MIRPublic Comment Meeting Notice
Definitions for 201 KAR Chapter 369/14/2023sara.janes@ky.gov201 KAR 36 
No Public Hearing NOTICE FOR WEBSITE 
KAR #Summary
201 KAR 36:030The amendments mandatory training on domestic violence, suicide and Kentucky law which will now require such training be Board-approved; eliminates exemptions with an exception for teachers of the board-approved training; revised methods of acquiring continuing education hours, including the elimination of the automatic approval of continuing education sponsored or approved by the American School Counselor Association or its affiliates due to its move from the American Counseling Association (ACA), and the inclusion of academic courses offered by a CACREP-accredited counseling program; simplification of complex academic credit calculations which were difficult to calculate and monitor; now requires that training for supervisors be presented by the Board or an instructor licensed by the board as an LPCC-S; eliminates use of course credits for continuing education to ensure there is no double-dipping by attempted usage of any of the 60 hours required for licensure for mandated additiona
KAR TitleFiling DateEmailProposed Administrative RegulationRegulatory Impact StatementAmended MIRPublic Comment Meeting Notice
Continuing Education Requirements9/14/2023sara.janes@ky.gov201 KAR 36 
No Public Hearing NOTICE FOR WEBSITE 
KAR #Summary
201 KAR 36:040The amendment includes a reporting requirement for licensees who are convicted of crimes, excluding minor traffic offenses, have a domestic violence order entered against them or have substantiated allegations of child abuse and neglect or elder abuse; and recognizes the ACA code of ethics which is the expected standard set forth in educational requirement regulation and is taught to all counselors.
KAR TitleFiling DateEmailProposed Administrative RegulationRegulatory Impact StatementAmended MIRPublic Comment Meeting Notice
Code of Ethics9/14/2023sara.janes@ky.gov201 KAR 36 
No Public Hearing NOTICE FOR WEBSITE 
KAR #Summary
201 KAR 36:045The amendment changes the existing regulation to bring it up to date with the telehealth requirements set forth in KRS Chapter 211.
KAR TitleFiling DateEmailProposed Administrative RegulationRegulatory Impact StatementAmended MIRPublic Comment Meeting Notice
Distance Counseling9/14/2023sara.janes@ky.gov201 KAR 36 
No Public Hearing NOTICE FOR WEBSITE 
KAR #Summary
201 KAR 36:050The amendment includes housekeeping changes to recognize the reply time given in the regulations and adopts the "Complaint Form, DPL-LPC-12 July 2023 which is incorporated by reference.
KAR TitleFiling DateEmailProposed Administrative RegulationRegulatory Impact StatementAmended MIRPublic Comment Meeting Notice
Complaint Management Process9/14/2023sara.janes@ky.gov201 KAR 36 
No Public Hearing NOTICE FOR WEBSITE 
KAR #Summary
201 KAR 36:060This amendment clarifies the role and responsibilities of the supervisor, ensures the supervisor’s access to supervisee’s clinical documentation to ensure proper oversight, and sets forth communication requirements; requires annual verification of the supervisor’s review of the regulations relating to their responsibilities as set forth in 201 KAR 36:060 and 201 KAR 36:065; establishes additional requirements related to the supervision agreement; requires the supervisee to assist with the execution of a signed agreement with the job placement agency to allow the supervisor to have access to the supervisee’s clinical records and communicate with the administrative supervisor; and clarifies there is a requirement that a new supervision agreement must be filed if the supervisee changes a job placement, which was already required by the terms of the supervision agreement.
KAR TitleFiling DateEmailProposed Administrative RegulationRegulatory Impact StatementAmended MIRPublic Comment Meeting Notice
Qualifying experience under supervision9/14/2023sara.janes@ky.gov201 KAR 36 
No Public Hearing NOTICE FOR WEBSITE 
KAR #Summary
201 KAR 36:065The amendment strikes language that allowed grandfathering of pre-existing supervision agreements with other professional credential holders since time has expired for grandfathering; clarifies requirements to qualify as a supervisor and strikes redundant language; clarifies the supervisor applicant have no unresolved complaints versus citation and adds a two-year restriction to supervision following any discipline; and provides clarification on the requirements for out-of-state supervisory applicants, including removal of the requirement for a graduate and supervisory training courses and strikes the grandfather provision since the time it would apply for has lapsed; reduces the maximum number of supervisees from twelve (12) to six (6); and includes new provisions regarding supervisors under discipline.
KAR TitleFiling DateEmailProposed Administrative RegulationRegulatory Impact StatementAmended MIRPublic Comment Meeting Notice
Licensed Professional Clinical Counselor - Supervisor9/14/2023sara.janes@ky.gov201 KAR 36 
No Public Hearing NOTICE FOR WEBSITE 
KAR #Summary
201 KAR 36:070The amendment clarifies the educational course work required for licensure; removes reference to specific regional institutions associations for accreditation to clarify the administrative body’s intention that the accrediting institution must be CACREP-accredited and eliminate the need to revise the regulations when an institution changes; streamline administration and reduce the delay in processing the application; cleans up language relating to the proper DSM; clarifies that “direct service” includes diagnosis, treatment planning, assessment, techniques and interventions in compliance with KRS 535.525(1)(d) and (e); requires all background checks to be performed by the FBI; establishes grounds for denial of licensure, renewal or reinstatement; removes the Optional Affidavit for Licensure option since the original intent for a reduction in delayed licensure is no longer needed and cleans up additional language relating to the Affidavit.
KAR TitleFiling DateEmailProposed Administrative RegulationRegulatory Impact StatementAmended MIRPublic Comment Meeting Notice
Application, education, and examination requirements9/14/2023sara.janes@ky.gov201 KAR 36 
No Public Hearing NOTICE FOR WEBSITE 
KAR #Summary
201 KAR 36:072The amendment strikes the requirement for a KSP background check and requires only the FBI background check; and updates the MIR.
KAR TitleFiling DateEmailProposed Administrative RegulationRegulatory Impact StatementAmended MIRPublic Comment Meeting Notice
Reciprocity requirements for applicants licensed or certified in another state9/14/2023sara.janes@ky.gov201 KAR 36 
No Public Hearing NOTICE FOR WEBSITE 
KAR #Summary
201 KAR 36:075The amendment includes some housekeeping clarifications and amends the background check to be conducted solely by the FBI since it is a comprehensive check that includes a statewide criminal history.
KAR TitleFiling DateEmailProposed Administrative RegulationRegulatory Impact StatementAmended MIRPublic Comment Meeting Notice
Renewal, late renewal, and reinstatement of license9/14/2023sara.janes@ky.gov201 KAR 36 
No Public Hearing NOTICE FOR WEBSITE 
KAR #Summary
201 KAR 36:090This is a minor amendment to clarify terminology relating to probation of a disciplinary sanction, to make application of a fine discretionary, and a technical amendment to correct the physical address of the Board.
KAR TitleFiling DateEmailProposed Administrative RegulationRegulatory Impact StatementAmended MIRPublic Comment Meeting Notice
Administrative hearings for denials and revocation of probation9/14/2023sara.janes@ky.gov201 KAR 36 
No Public Hearing NOTICE FOR WEBSITE