Title 201 | Chapter 023 | Regulation 012E
201 KAR 23:012REG
A proposed version of this document exists.
STATEMENT OF EMERGENCY
201 KAR 23:012E
This administrative regulation is being promulgated in order to meet an imminent deadline for the promulgation of an administrative regulation that is established by state statute. KRS 335.135, Section 17B requires the Board of Social Work to review any rule adopted by the Social Work Licensure Compact within sixty (60) days of adoption for the purpose of filing the rule as an emergency administrative regulation pursuant to KRS 13A.190 and for filing the rule as an accompanying ordinary administrative regulation pursuant to KRS Chapter 13A. This emergency regulation will be replaced by an ordinary administrative regulation. The companion ordinary administrative regulation is identical to this emergency regulation.
ANDY BESHEAR, Governor
HANK CECIL, LCSW, Chair
BOARDS AND COMMISSIONS
Board of Social Work
(New Emergency Administrative Regulation)
201 KAR 23:012E.Social Work Licensure Compact.
Section 1.
The Board of Social Work shall comply with all rules of the Social Work Licensure Compact, which includes the Social Work Licensure Compact Rules as of February 5, 2025.Section 2.
Incorporation by Reference.(1)
The following material is incorporated by reference: "The Social Work Licensure Compact Rules", February 5, 2025, and as revised. Chapter 1 – Rulemaking, adopted February 5, 2025.(2)
(a)
This material may be inspected, copied or obtained, subject to applicable copyright law at 125 Holmes Street, Suite 310, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.; or(b)
This material may also be obtained on the Kentucky Board of Social Work's website at https://bsw.ky.gov/Pages/index.aspx.(3)
This material may also be obtained at:(a)
The Social Work Licensure Compact Commission, 1776 Avenue of the States, Lexington, Kentucky 40511; or(b)
https://swcompact.org/rulemaking/.HANK CECIL, LCSW, Chair
APPROVED BY AGENCY: April 14, 2025
FILED WITH LRC: April 15, 2025 at 10:18 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this emergency administrative regulation shall be held on May 30, 2025 at 1:00 p.m., at the Kentucky Board of Social Work, 125 Holmes Street, Suite 310, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made prior to the end of the hearing. 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 through May 31, 2025. 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: Marc Kelly, Executive Director, Kentucky Board of Social Work, 125 Holmes Street, Suite 310, Frankfort, Kentucky 40601, phone (502) 564-2350, e-mail marc.kelly@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Marc Kelly
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation incorporates by reference the rules adopted by the Social Work Licensure Compact.
(b) The necessity of this administrative regulation:
This regulation is necessary to comply with statutory requirements of KRS 335.135, Section 17B.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation conforms to the content of KRS 335.135 Section 17B, which requires the Board of Social Work to review any rule adopted by the Social Work Licensure Compact within sixty (60) days of adoption for the purpose of filing the rule as an emergency administrative regulation pursuant to KRS Chapter 13A.190 and for filing the rule as an accompanying ordinary administrative regulation pursuant to KRS Chapter 13A. KRS 335.070(3) authorizes the Board to promulgate administrative regulations to carry out KRS Chapter 335.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in effective administration of KRS Chapter 335 by complying with statutory requirements for the Social Work Licensing Compact.
(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:
N/A.
(b) The necessity of the amendment to this administrative regulation:
N/A.
(c) How the amendment conforms to the content of the authorizing statutes:
N/A.
(d) How the amendment will assist in the effective administration of the statutes:
N/A.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation affects the Kentucky Board of Social Work and its licensees.
(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:
Regulated individuals will not have to take any actions to comply with the administrative regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No new costs are associated with compliance.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance will allow regulated entities to be in conformance with the provisions of KRS 335.135, the Social Work License Compact.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No new costs are anticipated.
(b) On a continuing basis:
No new costs are anticipated on a continuing basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
This administrative regulation does not establish fees. Funding for the Board comes from licensure and certification fees; the Board does not receive any general funds.
(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:
There is no anticipation of an increase in fees or needed funding to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are established or increased by this administrative regulation.
(9) TIERING: Is tiering applied?
No. All regulated entities are subject to the same requirements.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
.: KRS 335.135 Section 17 B requires the Board of Social Work to review any rule adopted by the Social Work Licensure Compact within sixty (60) days of adoption for the purpose of filing the rule as an emergency administrative regulation pursuant to KRS Chapter 13A.190 and for filing the rule as an accompanying ordinary administrative regulation pursuant to KRS Chapter 13A. KRS 335.070(3) authorizes the Board to promulgate administrative regulations to carry out KRS Chapter 335.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
KRS 335.135(17)(b) and KRS 335.070(3). (a) Estimate the following for the first year:
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Board of Social Work is the promulgating agency. No other entities are affected.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
No new expenditures are expected.
For subsequent years:
No new expenditures are expected.
2. Revenues:
For the first year:
This regulation does not generate revenue.
For subsequent years:
This regulation does not generate revenue.
3. Cost Savings:
For the first year:
There are no cost savings associated with this regulation.
For subsequent years:
There are no cost savings associated with this regulation.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No local entities will be affected.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
There are no addition regulated entities.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
1. Expenditures:
For the first year:
None
For subsequent years:
None 2. Revenues:
2. Revenues:
For the first year:
None
For subsequent years:
None 3. Savings:
3. Cost Savings:
For the first year:
None
For subsequent years:
None (b) Methodology and resources used to determine the fiscal impact: This regulation conforms to Social Work Licensure Compact requirements and has no associated fiscal impact.
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
This regulation has no fiscal impact.
(b) Methodology and resources used to reach this conclusion:
This regulation conforms to Social Work Licensure Compact requirements and has no associated costs or savings. (7) Explain, as it relates to entities identified in (3)(a), (4)(a), and (5)(a):
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a “major economic impact”, as defined by KRS 13A.010(13):
This administrative regulation will not have a major economic impact on the entities identified.
(b) The methodology and resources used to reach this conclusion:
This regulation conforms to Social Work Licensure Compact requirements and has no associated fiscal impact.
STATEMENT OF EMERGENCY
201 KAR 23:012E
This administrative regulation is being promulgated in order to meet an imminent deadline for the promulgation of an administrative regulation that is established by state statute. KRS 335.135, Section 17B requires the Board of Social Work to review any rule adopted by the Social Work Licensure Compact within sixty (60) days of adoption for the purpose of filing the rule as an emergency administrative regulation pursuant to KRS 13A.190 and for filing the rule as an accompanying ordinary administrative regulation pursuant to KRS Chapter 13A. This emergency regulation will be replaced by an ordinary administrative regulation. The companion ordinary administrative regulation is identical to this emergency regulation.
ANDY BESHEAR, Governor
HANK CECIL, LCSW, Chair
BOARDS AND COMMISSIONS
Board of Social Work
(New Emergency Administrative Regulation)
201 KAR 23:012E.Social Work Licensure Compact.
Section 1.
The Board of Social Work shall comply with all rules of the Social Work Licensure Compact, which includes the Social Work Licensure Compact Rules as of February 5, 2025.Section 2.
Incorporation by Reference.(1)
The following material is incorporated by reference: "The Social Work Licensure Compact Rules", February 5, 2025, and as revised. Chapter 1 – Rulemaking, adopted February 5, 2025.(2)
(a)
This material may be inspected, copied or obtained, subject to applicable copyright law at 125 Holmes Street, Suite 310, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.; or(b)
This material may also be obtained on the Kentucky Board of Social Work's website at https://bsw.ky.gov/Pages/index.aspx.(3)
This material may also be obtained at:(a)
The Social Work Licensure Compact Commission, 1776 Avenue of the States, Lexington, Kentucky 40511; or(b)
https://swcompact.org/rulemaking/.HANK CECIL, LCSW, Chair
APPROVED BY AGENCY: April 14, 2025
FILED WITH LRC: April 15, 2025 at 10:18 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this emergency administrative regulation shall be held on May 30, 2025 at 1:00 p.m., at the Kentucky Board of Social Work, 125 Holmes Street, Suite 310, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made prior to the end of the hearing. 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 through May 31, 2025. 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: Marc Kelly, Executive Director, Kentucky Board of Social Work, 125 Holmes Street, Suite 310, Frankfort, Kentucky 40601, phone (502) 564-2350, e-mail marc.kelly@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Marc Kelly
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation incorporates by reference the rules adopted by the Social Work Licensure Compact.
(b) The necessity of this administrative regulation:
This regulation is necessary to comply with statutory requirements of KRS 335.135, Section 17B.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation conforms to the content of KRS 335.135 Section 17B, which requires the Board of Social Work to review any rule adopted by the Social Work Licensure Compact within sixty (60) days of adoption for the purpose of filing the rule as an emergency administrative regulation pursuant to KRS Chapter 13A.190 and for filing the rule as an accompanying ordinary administrative regulation pursuant to KRS Chapter 13A. KRS 335.070(3) authorizes the Board to promulgate administrative regulations to carry out KRS Chapter 335.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in effective administration of KRS Chapter 335 by complying with statutory requirements for the Social Work Licensing Compact.
(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:
N/A.
(b) The necessity of the amendment to this administrative regulation:
N/A.
(c) How the amendment conforms to the content of the authorizing statutes:
N/A.
(d) How the amendment will assist in the effective administration of the statutes:
N/A.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation affects the Kentucky Board of Social Work and its licensees.
(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:
Regulated individuals will not have to take any actions to comply with the administrative regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No new costs are associated with compliance.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance will allow regulated entities to be in conformance with the provisions of KRS 335.135, the Social Work License Compact.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No new costs are anticipated.
(b) On a continuing basis:
No new costs are anticipated on a continuing basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
This administrative regulation does not establish fees. Funding for the Board comes from licensure and certification fees; the Board does not receive any general funds.
(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:
There is no anticipation of an increase in fees or needed funding to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are established or increased by this administrative regulation.
(9) TIERING: Is tiering applied?
No. All regulated entities are subject to the same requirements.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
.: KRS 335.135 Section 17 B requires the Board of Social Work to review any rule adopted by the Social Work Licensure Compact within sixty (60) days of adoption for the purpose of filing the rule as an emergency administrative regulation pursuant to KRS Chapter 13A.190 and for filing the rule as an accompanying ordinary administrative regulation pursuant to KRS Chapter 13A. KRS 335.070(3) authorizes the Board to promulgate administrative regulations to carry out KRS Chapter 335.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
KRS 335.135(17)(b) and KRS 335.070(3). (a) Estimate the following for the first year:
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Board of Social Work is the promulgating agency. No other entities are affected.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
No new expenditures are expected.
For subsequent years:
No new expenditures are expected.
2. Revenues:
For the first year:
This regulation does not generate revenue.
For subsequent years:
This regulation does not generate revenue.
3. Cost Savings:
For the first year:
There are no cost savings associated with this regulation.
For subsequent years:
There are no cost savings associated with this regulation.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No local entities will be affected.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
There are no addition regulated entities.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
1. Expenditures:
For the first year:
None
For subsequent years:
None 2. Revenues:
2. Revenues:
For the first year:
None
For subsequent years:
None 3. Savings:
3. Cost Savings:
For the first year:
None
For subsequent years:
None (b) Methodology and resources used to determine the fiscal impact: This regulation conforms to Social Work Licensure Compact requirements and has no associated fiscal impact.
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
This regulation has no fiscal impact.
(b) Methodology and resources used to reach this conclusion:
This regulation conforms to Social Work Licensure Compact requirements and has no associated costs or savings. (7) Explain, as it relates to entities identified in (3)(a), (4)(a), and (5)(a):
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a “major economic impact”, as defined by KRS 13A.010(13):
This administrative regulation will not have a major economic impact on the entities identified.
(b) The methodology and resources used to reach this conclusion:
This regulation conforms to Social Work Licensure Compact requirements and has no associated fiscal impact.