Title 201 | Chapter 026 | Regulation 215
PREVIOUS VERSION
The previous document that this document is based upon is available.
201 KAR 26:215.Nonresident status.
Section 1.
A nonresident psychologist temporarily employed in the state may render psychological services immediately upon:(1)
Written notification of intent to provide psychological services in Kentucky and verification to the board that the nonresident psychologist:(a)
Holds the Interjurisdictional Practice Certificate (IPC) issued by the Association of State and Provincial Psychology Boards (ASPPB) or a successor organization;(b)
Holds the Certificate of Professional Qualification (CPQ) issued by ASPPB or a successor organization;(c)
Is board-certified by the American Board of Professional Psychology (ABPP) or a successor organization; or(d)
Is licensed in a jurisdiction with whom this Board has established reciprocity; and(2)
Payment to the board a fee for registration as a nonresident psychologist established in 201 KAR 26:160, Section 4.Section 2.
(1)
A nonresident credential holder who does not satisfy Section 1 of this administrative regulation, is temporarily employed, and seeks to practice in Kentucky shall:(a)
Submit completed Nonresident Psychological Registration Form and satisfy the requirements of Subsection (2) of this section; and(b)
Pay to the board a fee for registration as a nonresident psychologist established in 201 KAR 26:160, Section 4.(2)
Board approval shall be contingent upon:(a)
Receipt of documentation that the nonresident psychologist holds a valid license in good standing from another jurisdiction; and(b)
Confirmation that the applicant does not have a report of disciplinary action filed with the Association of State and Provincial Psychology Boards.(3)
(a)
Nonresident temporary practice, pursuant to KRS 319.015(8), shall be conditionally approved by the chair of the board if:1.
The applicant for temporary practice meets the conditions for practice established by KRS 319.015(8); and2.
The applicant has registered with the board.(b)
The conditional approval shall terminate at the next regularly scheduled meeting of the board. At that meeting, the board shall determine whether to approve the temporary practice.Section 3.
A nonresident psychologist temporarily employed in the state may render psychological services no more than thirty (30) days every two (2) years with the approval of the board.Section 4.
Upon the completion of the authorized temporary employment period, the nonresident license holder shall submit a written report to the board of each date on which psychological services were rendered in this state, and the location of the site of those services.Section 5.
For purposes of this administrative regulation, the provision of psychological services on a given date, regardless of the period of time of those services, shall constitute one (1) day.Section 6.
Pursuant to KRS 319.015(8), the provisions of this administrative regulation shall:(1)
Apply to a nonresident psychologist temporarily employed in the state for a period of fewer than thirty (30) days every two (2) years; and(2)
Not be used to begin practice in Kentucky by an applicant for temporary or regular licensure pending credentials review.Section 7.
A person licensed to practice psychology in another jurisdiction may practice psychology by electronic or telephonic means in Kentucky if he or she registers with the board and receives board approval for this practice. A person seeking this approval shall follow the provisions set forth in Sections 1 through 4 of this administrative regulation.Section 8.
A person licensed to practice psychology in another jurisdiction and who is providing service in response to a declared disaster pursuant to an agreement between the American Red Cross and the American Psychological Association's Disaster Response Network may begin practice in Kentucky upon notification to the board.Section 9.
A person practicing pursuant to the provisions of KRS 319.015(8) shall be subject to the provisions of KRS 319.082 and 201 KAR 26:145.Section 10.
Incorporation by Reference.(1)
"Nonresident Psychological Registration Form", October 2021, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Examiners of Psychology, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The material is also available on the board's Web site and the address is: https://psy.ky.gov.HISTORY: (20 Ky.R. 678; 944; eff. 10-21-1993; 24 Ky.R. 1131; 1667; eff. 2-17-1998; 25 Ky.R. 408; eff. 9-16-1998; 28 Ky.R. 1480; eff. 2-7-2002; 37 Ky.R. 1533; eff. 3-4-2011; 43 Ky.R. 1834; 44 Ky.R. 36; eff. 7-17-2017; Crt eff. 9-5-2019; 48 Ky.R. 1878; eff. 6-2-2022.)
JEAN A. DETERS, Psy. D., Board Chair
APPROVED BY AGENCY: November 8, 2021
FILED WITH LRC: November 12, 2021 at 3:50 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on January 31, 2022 at 3:00 p.m. EST in Room 133, The Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky 40601. All attendees shall comply with all Executive Orders relating to the State of Emergency as may be in effect on the date of the public hearing, which may be found at: https://governor.ky.gov/covid-19. Members of the public may utilize the following link to attend the meeting by video conference:
CONTACT PERSON: Kevin Winstead, Commissioner, Department of Professional Licensing, 500 Mero Street, phone (502) 782 - 8805, fax (502) 564-3969, email KevinR.Winstead@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Kevin Winstead
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the requirements for registering in Kentucky as a nonresident psychologist.
(b) The necessity of this administrative regulation:
This administrative regulation is required by KRS 319.032.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation establishes the requirements for registering in Kentucky as a nonresident psychologist.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation assists in the effective administration of the statute by informing non-resident psychologists how they can practice in Kentucky.
(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 only updates the application form.
(b) The necessity of the amendment to this administrative regulation:
See (1)(b).
(c) How the amendment conforms to the content of the authorizing statutes:
See (1)(c).
(d) How the amendment will assist in the effective administration of the statutes:
See (1)(d).
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect an unknown number of non-resident individuals who are seeking to practice in Kentucky. (4) Provide an analysis of how the entities identified in the previous question 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 each of the regulated entities have to take to comply with this regulation or amendment: This amendment only dates the application for non-resident practice. (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities: This regulation should add no additional cost to the individual. (c) As a result of compliance, what benefits will accrue to the entities: Non-resident individuals seeking to practice in Kentucky will have an updated form on which to apply.
(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:
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This administrative regulation does not create a cost for the administrative body.
(b) On a continuing basis:
This administrative regulation does not create a cost for the administrative body.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Kentucky Board of Examiners of Psychology is self-funded through the fees paid by licensees. No additional funding is necessary for the implementation and enforcement of this administrative regulation.
(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 increases in fees or funding are necessary to implement the amendment to this administrative regulation.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
No increases in fees or funding are necessary to implement this administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applied because similarly situated licensees are treated similarly under this administrative regulation.
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?
This administrative regulation impacts the Kentucky Board of Examiners of Psychology.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 319.032(1).
(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.
(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?
This administrative regulation does not generate revenue for the Board.
(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?
There are no additional costs.
(d) How much will it cost to administer this program for subsequent years?
See 3(c).
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:
201 KAR 26:215.Nonresident status.
Section 1.
A nonresident psychologist temporarily employed in the state may render psychological services immediately upon:(1)
Written notification of intent to provide psychological services in Kentucky and verification to the board that the nonresident psychologist:(a)
Holds the Interjurisdictional Practice Certificate (IPC) issued by the Association of State and Provincial Psychology Boards (ASPPB) or a successor organization;(b)
Holds the Certificate of Professional Qualification (CPQ) issued by ASPPB or a successor organization;(c)
Is board-certified by the American Board of Professional Psychology (ABPP) or a successor organization; or(d)
Is licensed in a jurisdiction with whom this Board has established reciprocity; and(2)
Payment to the board a fee for registration as a nonresident psychologist established in 201 KAR 26:160, Section 4.Section 2.
(1)
A nonresident credential holder who does not satisfy Section 1 of this administrative regulation, is temporarily employed, and seeks to practice in Kentucky shall:(a)
Submit completed Nonresident Psychological Registration Form and satisfy the requirements of Subsection (2) of this section; and(b)
Pay to the board a fee for registration as a nonresident psychologist established in 201 KAR 26:160, Section 4.(2)
Board approval shall be contingent upon:(a)
Receipt of documentation that the nonresident psychologist holds a valid license in good standing from another jurisdiction; and(b)
Confirmation that the applicant does not have a report of disciplinary action filed with the Association of State and Provincial Psychology Boards.(3)
(a)
Nonresident temporary practice, pursuant to KRS 319.015(8), shall be conditionally approved by the chair of the board if:1.
The applicant for temporary practice meets the conditions for practice established by KRS 319.015(8); and2.
The applicant has registered with the board.(b)
The conditional approval shall terminate at the next regularly scheduled meeting of the board. At that meeting, the board shall determine whether to approve the temporary practice.Section 3.
A nonresident psychologist temporarily employed in the state may render psychological services no more than thirty (30) days every two (2) years with the approval of the board.Section 4.
Upon the completion of the authorized temporary employment period, the nonresident license holder shall submit a written report to the board of each date on which psychological services were rendered in this state, and the location of the site of those services.Section 5.
For purposes of this administrative regulation, the provision of psychological services on a given date, regardless of the period of time of those services, shall constitute one (1) day.Section 6.
Pursuant to KRS 319.015(8), the provisions of this administrative regulation shall:(1)
Apply to a nonresident psychologist temporarily employed in the state for a period of fewer than thirty (30) days every two (2) years; and(2)
Not be used to begin practice in Kentucky by an applicant for temporary or regular licensure pending credentials review.Section 7.
A person licensed to practice psychology in another jurisdiction may practice psychology by electronic or telephonic means in Kentucky if he or she registers with the board and receives board approval for this practice. A person seeking this approval shall follow the provisions set forth in Sections 1 through 4 of this administrative regulation.Section 8.
A person licensed to practice psychology in another jurisdiction and who is providing service in response to a declared disaster pursuant to an agreement between the American Red Cross and the American Psychological Association's Disaster Response Network may begin practice in Kentucky upon notification to the board.Section 9.
A person practicing pursuant to the provisions of KRS 319.015(8) shall be subject to the provisions of KRS 319.082 and 201 KAR 26:145.Section 10.
Incorporation by Reference.(1)
"Nonresident Psychological Registration Form", October 2021(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Examiners of Psychology, 500 Mero StreetHISTORY: (20 Ky.R. 678; 944; eff. 10-21-1993; 24 Ky.R. 1131; 1667; eff. 2-17-1998; 25 Ky.R. 408; eff. 9-16-1998; 28 Ky.R. 1480; eff. 2-7-2002; 37 Ky.R. 1533; eff. 3-4-2011; 43 Ky.R. 1834; 44 Ky.R. 36; eff. 7-17-2017; Crt eff. 9-5-2019; 48 Ky.R. 1878; eff. 6-2-2022.)
JEAN A. DETERS, Psy. D., Board Chair
APPROVED BY AGENCY: November 8, 2021
FILED WITH LRC: November 12, 2021 at 3:50 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on January 31, 2022 at 3:00 p.m. EST in Room 133, The Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky 40601. All attendees shall comply with all Executive Orders relating to the State of Emergency as may be in effect on the date of the public hearing, which may be found at: https://governor.ky.gov/covid-19. Members of the public may utilize the following link to attend the meeting by video conference:
CONTACT PERSON: Kevin Winstead, Commissioner, Department of Professional Licensing, 500 Mero Street, phone (502) 782 - 8805, fax (502) 564-3969, email KevinR.Winstead@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Kevin Winstead
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the requirements for registering in Kentucky as a nonresident psychologist.
(b) The necessity of this administrative regulation:
This administrative regulation is required by KRS 319.032.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation establishes the requirements for registering in Kentucky as a nonresident psychologist.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation assists in the effective administration of the statute by informing non-resident psychologists how they can practice in Kentucky.
(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 only updates the application form.
(b) The necessity of the amendment to this administrative regulation:
See (1)(b).
(c) How the amendment conforms to the content of the authorizing statutes:
See (1)(c).
(d) How the amendment will assist in the effective administration of the statutes:
See (1)(d).
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect an unknown number of non-resident individuals who are seeking to practice in Kentucky. (4) Provide an analysis of how the entities identified in the previous question 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 each of the regulated entities have to take to comply with this regulation or amendment: This amendment only dates the application for non-resident practice. (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities: This regulation should add no additional cost to the individual. (c) As a result of compliance, what benefits will accrue to the entities: Non-resident individuals seeking to practice in Kentucky will have an updated form on which to apply.
(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:
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This administrative regulation does not create a cost for the administrative body.
(b) On a continuing basis:
This administrative regulation does not create a cost for the administrative body.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Kentucky Board of Examiners of Psychology is self-funded through the fees paid by licensees. No additional funding is necessary for the implementation and enforcement of this administrative regulation.
(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 increases in fees or funding are necessary to implement the amendment to this administrative regulation.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
No increases in fees or funding are necessary to implement this administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applied because similarly situated licensees are treated similarly under this administrative regulation.
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?
This administrative regulation impacts the Kentucky Board of Examiners of Psychology.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 319.032(1).
(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.
(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?
This administrative regulation does not generate revenue for the Board.
(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?
There are no additional costs.
(d) How much will it cost to administer this program for subsequent years?
See 3(c).
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: