Title 201 | Chapter 023 | Regulation 016E
WITHDRAWN
This document is no longer current.
STATEMENT OF EMERGENCY
201 KAR 23:016E
This emergency administrative regulation is being promulgated pursuant to KRS 335.070(3) and KRS 13A.190(1)(a)(1) to meet an imminent threat to public health, safety, or welfare. This regulation is necessary to mitigate the shortage of social work professionals in the Commonwealth of Kentucky at this time. The need for care continues to increase while the availability of practitioners to provide that care lags behind. Specifically, this regulation allows individuals that meet the appropriate educational requirements to practice social work under a temporary permit, under the appropriate supervision of a licensed clinical social worker, until such time as they are able to obtain licensure pursuant to KRS 335.080, KRS 335.090 or KRS 335.100. Access to temporary licensure would create a significant increase in access to services to the citizens of the Commonwealth and provide new social workers access to employment opportunities shortly after graduation. This regulation will be replaced with an ordinary regulation in due course. The ordinary administrative regulation is not identical to this emergency administrative regulation.
ANNE ADCOCK, DWS, MSW, CSW, Board Chair
ANDY BESHEAR, Governor
BOARDS AND COMMISSIONS
Kentucky Board of Social Work
(New Emergency Administrative Regulation)
201 KAR 23:016E.Temporary permission to practice.
Section 1.
(1)
A temporary permit to engage in the practice of social work shall be granted, if requested, to an applicant who has completed all of the requirements for licensure except the examination and has applied for licensure under the provisions of KRS 335.080, 335.090, or 335.100.(2)
A person practicing under a temporary permit as a certified social worker shall not accumulate hours toward the supervision requirements of KRS 335.100(1)(b).(3)
A certified social worker or licensed clinical social worker practicing clinical social work under a temporary permit shall be under the supervision of a licensed clinical social worker who qualifies to provide supervision under 201 KAR 23:070, Section 3(1).(4)
The request for a temporary permit shall be accompanied by a letter from the proposed supervisor acknowledging the responsibility for supervision and for the practice of the person holding the temporary permit.(5)
A licensee shall not serve as the supervisor for more than two (2) persons holding a temporary permit at any one (1) time.(6)
Supervision during the period of temporary permission to practice shall be a minimum of one (1) hour of individual, face-to-face supervision per week.(7)
(a)
Except as provided in paragraph (b) of this subsection, the temporary permit shall be valid until the applicant for licensure is issued or denied licensure under the provisions of KRS 335.080, 335.090, or 335.100.(b)
A temporary permit shall not extend for more than 240 days after the temporary permit was approved.(c)
Active temporary permits existing at the time of the promulgation of this emergency administrative regulation shall be reissued as of the date of the filing of this regulation and shall be valid for not more than 240 days from the date of issuance.(8)
Any changes to the terms of the temporary permit shall be submitted to the board and approved by the board before the temporary permit holder continues social work practice.ANNE ADCOCK, DSW, MSW, CSW, Board Chair
APPROVED BY AGENCY: September 30, 2022
FILED WITH LRC: October 3, 2022 at 1:50 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 30, 2022, at 10:00 a.m. ET at the Justice and Public Safety Building, Third Floor Board Room, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interesting in being heard at this hearing shall notify this agency in writing by five 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 through November 30, 2022. Send written notice of intent to be heard 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 or (502) 782-2856, email 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 emergency administrative regulation is being promulgated pursuant to KRS 13A.180 and KRS 13A.190(1)(a)(1) to meet an imminent threat to public health, safety, or welfare. This regulation is necessary to mitigate the shortage of social work professionals in the Commonwealth of Kentucky at this time. The need for care continues to increase while the availability of practitioners to provide that care lags behind. Specifically, this regulation allows individuals that meet the appropriate educational requirements to practice social work under a temporary permit, under the appropriate supervision of a licensed clinical social worker, until such time as they are able to obtain licensure pursuant to KRS 335.080, KRS 335.090 or KRS 335.100. Access to temporary licensure would create a significant increase in access to services to the citizens of the Commonwealth and provide new social workers access to employment opportunities shortly after graduation. This regulation will be replaced with an ordinary regulation in due course.
(b) The necessity of this administrative regulation:
This emergency administrative regulation is necessary to address the shortage of social work professionals in the Commonwealth of Kentucky at this time.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 335.070(3) authorizes the board to promulgate administrative regulations to carry out of the provisions of KRS 335.101 to 335.160 and KRS 335.990. KRS 39A.180(2) permits the board to suspend its written administrative regulations during a period of emergency, KRS 13A.190(1)(a)(1) authorizes the board to promulgate an emergency administration regulation to meet an imminent threat to public health, safety, or welfare, and KRS 335.070(9) authorizes the board to establish requirements for temporary permits to practice social work.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This emergency administrative regulation will assist the board in lawfully addressing the ability of individuals who meet certain educational requirements to practice social work under a temporary permit until they are able to obtain appropriate licensure pursuant to KRS 335.080, 335.090 or 335.100.
(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:
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
(d) How the amendment will assist in the effective administration of the statutes:
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This emergency administrative regulation will affect approximately 5,000 licensed clinical social workers and certified social workers in Kentucky, public schools, community mental health centers, public and private agencies.
(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:
Individuals meeting the appropriate educational requirements will be able to apply for a temporary permit immediately upon filing of the emergency administrative regulation or will have their prior issued temporary permit reissued.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The board does not anticipate that there will be a cost increase to any of the entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The board believes that the entities will benefit from the ability to provide services to clients more efficiently and quickly with a temporary permit to practice social work prior to obtain licensure should they meet the requirements to do so. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(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 emergency administrative regulation.
(b) On a continuing basis:
The board estimates that it will incur no additional costs to implement this emergency administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The board’s operations are wholly self-funded by fees paid by licensees, applicants, and 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:
This emergency administrative regulation does not directly establish or increase fees.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No, this amendment does not.
(9) TIERING: Is tiering applied?
No, tiering was not applied. This emergency administrative regulation is applied uniformly to each certified social worker practicing clinical social work under board-approved supervision.
FISCAL NOTE
(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 and entities that employ certified social workers to provide clinical social work services under supervision will be impacted by this administrative regulation. These entities include public school districts, community mental health centers, and other public agencies and private businesses.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 39A.180, 13A.190, 335.070(3) and (9) and 335.158(3).
(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.
(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.
(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?
None.
(d) How much will it cost to administer this program for subsequent years?
None.
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:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None.
(c) How much will it cost the regulated entities for the first year?
None.
(d) How much will it cost the regulated entities for subsequent years?
None.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars $$500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies [KRS 13A.010(13)].
STATEMENT OF EMERGENCY
201 KAR 23:016E
This emergency administrative regulation is being promulgated pursuant to KRS 335.070(3) and KRS 13A.190(1)(a)(1) to meet an imminent threat to public health, safety, or welfare. This regulation is necessary to mitigate the shortage of social work professionals in the Commonwealth of Kentucky at this time. The need for care continues to increase while the availability of practitioners to provide that care lags behind. Specifically, this regulation allows individuals that meet the appropriate educational requirements to practice social work under a temporary permit, under the appropriate supervision of a licensed clinical social worker, until such time as they are able to obtain licensure pursuant to KRS 335.080, KRS 335.090 or KRS 335.100. Access to temporary licensure would create a significant increase in access to services to the citizens of the Commonwealth and provide new social workers access to employment opportunities shortly after graduation. This regulation will be replaced with an ordinary regulation in due course. The ordinary administrative regulation is not identical to this emergency administrative regulation.
ANNE ADCOCK, DWS, MSW, CSW, Board Chair
ANDY BESHEAR, Governor
BOARDS AND COMMISSIONS
Kentucky Board of Social Work
(New Emergency Administrative Regulation)
201 KAR 23:016E.Temporary permission to practice.
Section 1.
(1)
A temporary permit to engage in the practice of social work shall be granted, if requested, to an applicant who has completed all of the requirements for licensure except the examination and has applied for licensure under the provisions of KRS 335.080, 335.090, or 335.100.(2)
A person practicing under a temporary permit as a certified social worker shall not accumulate hours toward the supervision requirements of KRS 335.100(1)(b).(3)
A certified social worker or licensed clinical social worker practicing clinical social work under a temporary permit shall be under the supervision of a licensed clinical social worker who qualifies to provide supervision under 201 KAR 23:070, Section 3(1).(4)
The request for a temporary permit shall be accompanied by a letter from the proposed supervisor acknowledging the responsibility for supervision and for the practice of the person holding the temporary permit.(5)
A licensee shall not serve as the supervisor for more than two (2) persons holding a temporary permit at any one (1) time.(6)
Supervision during the period of temporary permission to practice shall be a minimum of one (1) hour of individual, face-to-face supervision per week.(7)
(a)
Except as provided in paragraph (b) of this subsection, the temporary permit shall be valid until the applicant for licensure is issued or denied licensure under the provisions of KRS 335.080, 335.090, or 335.100.(b)
A temporary permit shall not extend for more than 240 days after the temporary permit was approved.(c)
Active temporary permits existing at the time of the promulgation of this emergency administrative regulation shall be reissued as of the date of the filing of this regulation and shall be valid for not more than 240 days from the date of issuance.(8)
Any changes to the terms of the temporary permit shall be submitted to the board and approved by the board before the temporary permit holder continues social work practice.ANNE ADCOCK, DSW, MSW, CSW, Board Chair
APPROVED BY AGENCY: September 30, 2022
FILED WITH LRC: October 3, 2022 at 1:50 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 30, 2022, at 10:00 a.m. ET at the Justice and Public Safety Building, Third Floor Board Room, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interesting in being heard at this hearing shall notify this agency in writing by five 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 through November 30, 2022. Send written notice of intent to be heard 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 or (502) 782-2856, email 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 emergency administrative regulation is being promulgated pursuant to KRS 13A.180 and KRS 13A.190(1)(a)(1) to meet an imminent threat to public health, safety, or welfare. This regulation is necessary to mitigate the shortage of social work professionals in the Commonwealth of Kentucky at this time. The need for care continues to increase while the availability of practitioners to provide that care lags behind. Specifically, this regulation allows individuals that meet the appropriate educational requirements to practice social work under a temporary permit, under the appropriate supervision of a licensed clinical social worker, until such time as they are able to obtain licensure pursuant to KRS 335.080, KRS 335.090 or KRS 335.100. Access to temporary licensure would create a significant increase in access to services to the citizens of the Commonwealth and provide new social workers access to employment opportunities shortly after graduation. This regulation will be replaced with an ordinary regulation in due course.
(b) The necessity of this administrative regulation:
This emergency administrative regulation is necessary to address the shortage of social work professionals in the Commonwealth of Kentucky at this time.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 335.070(3) authorizes the board to promulgate administrative regulations to carry out of the provisions of KRS 335.101 to 335.160 and KRS 335.990. KRS 39A.180(2) permits the board to suspend its written administrative regulations during a period of emergency, KRS 13A.190(1)(a)(1) authorizes the board to promulgate an emergency administration regulation to meet an imminent threat to public health, safety, or welfare, and KRS 335.070(9) authorizes the board to establish requirements for temporary permits to practice social work.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This emergency administrative regulation will assist the board in lawfully addressing the ability of individuals who meet certain educational requirements to practice social work under a temporary permit until they are able to obtain appropriate licensure pursuant to KRS 335.080, 335.090 or 335.100.
(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:
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
(d) How the amendment will assist in the effective administration of the statutes:
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This emergency administrative regulation will affect approximately 5,000 licensed clinical social workers and certified social workers in Kentucky, public schools, community mental health centers, public and private agencies.
(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:
Individuals meeting the appropriate educational requirements will be able to apply for a temporary permit immediately upon filing of the emergency administrative regulation or will have their prior issued temporary permit reissued.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The board does not anticipate that there will be a cost increase to any of the entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The board believes that the entities will benefit from the ability to provide services to clients more efficiently and quickly with a temporary permit to practice social work prior to obtain licensure should they meet the requirements to do so. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(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 emergency administrative regulation.
(b) On a continuing basis:
The board estimates that it will incur no additional costs to implement this emergency administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The board’s operations are wholly self-funded by fees paid by licensees, applicants, and 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:
This emergency administrative regulation does not directly establish or increase fees.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No, this amendment does not.
(9) TIERING: Is tiering applied?
No, tiering was not applied. This emergency administrative regulation is applied uniformly to each certified social worker practicing clinical social work under board-approved supervision.
FISCAL NOTE
(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 and entities that employ certified social workers to provide clinical social work services under supervision will be impacted by this administrative regulation. These entities include public school districts, community mental health centers, and other public agencies and private businesses.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 39A.180, 13A.190, 335.070(3) and (9) and 335.158(3).
(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.
(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.
(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?
None.
(d) How much will it cost to administer this program for subsequent years?
None.
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:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None.
(c) How much will it cost the regulated entities for the first year?
None.
(d) How much will it cost the regulated entities for subsequent years?
None.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars $$500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies [KRS 13A.010(13)].