Title 201 | Chapter 023 | Regulation 160E
201 KAR 23:160REG
A proposed version of this document exists.
STATEMENT OF EMERGENCY
201 KAR 23:160E
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 administrative regulation is necessary to mitigate the shortage of social work professionals in the Commonwealth of Kentucky at this time because 201 KAR 23:016 is being withdrawn at the same time this emergency regulation is being submitted to replace 201 KAR 23:016. This administrative regulation more clearly distinguishes between clinical and non-clinical social work practice under a temporary permit. This administrative regulation allows for the certified social worker who is permitted to provide clinical social work to be able to move from the temporary permit to full licensure because this regulation is consistent with KRS 335.080(3), which requires a contract with a licensed clinical social worker for supervision. This administrative regulation provides for non-resident social workers to have a temporary permit for ninety (90) days which is not in 201 KAR 23:016. The need for care continues to increase while the availability of practitioners to provide that care lags behind. Specifically, this administrative regulation allows individuals that meet the appropriate educational requirements to practice social work under a temporary permit, under the appropriate supervision of a licensed social worker, until such time as they are able to obtain licensure pursuant to KRS 335.080, 335.090, or 335.100. Access to temporary licensure would create a significant increase in access to services for the citizens of the Commonwealth and provide new social workers access to employment opportunities shortly after graduation. This administrative regulation will be replaced with an ordinary regulation in due course. The ordinary administrative regulation is identical to this emergency administrative regulation.
WHITNEY CASSITY-CAWOOD, LCSW, PhD, Board Chair
ANDY BESHEAR, Governor
BOARDS AND COMMISSIONS
Board of Social Work
(New Emergency Administrative Regulation)
201 KAR 23:160E.Temporary permission to practice.
Section 1.
Temporary Permits without the Examination.(1)
A temporary permit to engage in the practice of social work shall be granted, if requested, to an applicant who has applied for licensure under the provisions of KRS 335.080 or 335.090 and completed all of the requirements for licensure except having passed the required examination.(2)
The application required by subsection (1) of this section shall be made to the board or to the online application management system and shall:(a)
Include a certification by the applicant that the:1.
Information in the application is true, correct, and complete to the best of their knowledge and belief; and2.
The applicant is aware that the board may take disciplinary action if the application contains a misrepresentation or falsification;(b)
Be accompanied by payment of the application fee that shall:1.
Be made payable to the Kentucky State Treasurer if the application is processed through the board; or2.
Be made to the online application management system as directed by the board.(3)
A person practicing social work under a temporary permit as a licensed social worker or a certified social worker shall be under the supervision of a certified social worker or licensed clinical social worker licensed in Kentucky, who becomes the supervisor of record.(4)
A supervisor of record for a temporary permit holder not practicing clinical social work must have been licensed in Kentucky for two (2) years.(5)
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.(6)
(a)
A temporary permit shall not extend for more than 180 days after the temporary permit is approved by the board unless renewed.(b)
A person may re-apply for a temporary permit before the issued permit expires, and this permit shall not extend for more than 180 days after the temporary permit is approved by the board for a maximum of 360 days.(7)
Temporary permit holders shall not practice telehealth outside of Kentucky, which means that the location of the temporary permit holder and the client at the time of service must be in Kentucky.(8)
The applicant shall pay the required fee for the permit and any renewal.(9)
Receipt of applications, contracts, and notification of approvals can be done by mail or electronically.Section 2.
Temporary Permits to Practice Clinical Social Work without the Examination.(1)
Section 1(1), (2), (7), (8), and (9) are the same for this section.(2)
A certified social worker who seeks to practice 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.(3)
A person practicing under a temporary permit as a certified social worker to provide clinical social work shall not accumulate hours towards the supervision requirements of KRS 335.100(1)(b).(4)
The application for a temporary permit to practice clinical social work shall include a contract/letter signed by 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)
A licensed clinical social worker who qualifies to provide supervision under 201 KAR 23:070 must include temporary permit persons in the required limit of six (6) supervisees as supervisor of record.(7)
Supervision during the period of temporary permission to practice shall be a minimum of one (1) hour of individual, face-to-face, or virtual supervision per week.(8)
A person practicing under a temporary permit as a certified social worker to provide clinical social work shall be valid until the applicant for the Certifies Social Work license is denied under the provisions of KRS 335.080, or the temporary permit expires.(9)
The temporary permit to practice clinical social work shall only be issued with an approved contract as required in KRS 335.080(3).(a)
The temporary permit applicant must complete the temporary permit application that includes a contract with an approved supervisor.(b)
The temporary permit remains in effect until a new contract is approved after the Certified Social Work license is issued under KRS 335.080, even when the maximum of 360 days of the permit is exceeded.(c)
A new application for a temporary permit shall be submitted to the board immediately for approval if the supervisee changes their:1.
Supervisor of record; or2.
Place of employment.(10)
A temporary permit holder shall cease and desist the practice of clinical social work if:(a)
The supervisor of record terminates supervision; or(b)
The temporary permit holder ceases employment listed on the application.(11)
Any changes to the terms of the temporary permit to practice clinical social shall be submitted to the board and approved by the board before the temporary permit holder continues social work practice.(12)
Temporary permit holders who violate the provisions of the section are subject to disciplinary action by the board.Section 3.
Temporary Permits for Out-of-state Independent Clinical License Holders. A temporary permit can be issued for clinical social work practice in Kentucky if requested, as prescribed when:(1)
A temporary permit to provide clinical social work in Kentucky may be granted for not more than ninety consecutive days in one calendar year from the date of application is approved.(2)
A temporary permit to provide clinical social work in Kentucky may be granted for not more than ninety consecutive days in one (1) calendar year from the date of application is approved.(3)
A temporary permit holder under this provision is subject to the complaint procedures of the Kentucky Board of Social Work. Any complaints are reportable to the license board of the jurisdiction where the permit holder/applicant is licensed.(4)
The temporary permit applicant is not a resident of Kentucky.(5)
The temporary permit holder informs the client of the limited nature of their services and that the person is not currently licensed in Kentucky.(6)
The permit applicant has no complaints filed against their license in their current jurisdiction or in the National Practitioner Database or the Public Protection Database.(7)
A permit holder may be required to submit billing records or other records to demonstrate compliance with the requirements of this section.(8)
The permit holder must pay the required fee for the permit.(9)
The applicant shall maintain licensure in the other jurisdiction during the time period of the temporary license.(10)
The person informs the client of the limited nature of their services and that the person is not currently licensed in Kentucky.(11)
The person informs the client of how to make a complaint to the board for improper practice.(12)
The permit holder is allowed to practice telehealth in Kentucky so long as the permit holder:(a)
Provides evidence to the board of appropriate training for telehealth practice;(b)
Is complying with all telehealth laws and regulations of Kentucky; and(c)
Has written consent for telehealth with clients.Section 4.
Temporary Permits for Out-of-state Social Workers. A temporary permit can be issued for social work practice in this state, if requested, for not more than ninety consecutive days during any one calendar year from the date of application approval as prescribed when:(1)
A person who is currently licensed, certified, or regulated pursuant to another jurisdiction or pursuant to the laws of a federally recognized tribe and who provides social work services within the person's scope of practice,(2)
A temporary permit holder under this provision is subject to the complaint procedures of the Kentucky Board of Social Work. Any complaints are reportable to the license board of the jurisdiction where the permit holder/applicant is licensed.(3)
The person seeks permission to practice social work within the state of Kentucky.(4)
The person is not a resident of Kentucky.(5)
The person pays the required fee.(6)
The person completes the required application and is approved.(7)
The person ceases practice when the permit expires.(8)
The person has no disciplinary actions against their license in their current jurisdiction.(9)
A temporary permit holder under this provision is subject to the complaint procedures of the Kentucky Board of Social Work. Any complaints are reportable to the license board of the jurisdiction where the permit holder/applicant is licensed.(10)
The person provides evidence to the board of appropriate training for social work telehealth practice.(11)
The person informs the client of the limited nature of their services and that the person is only temporarily licensed in Kentucky.(12)
The person informs the client of how to make a complaint to the board for improper practice.Section 5.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Temporary Non-Clinical Social Work Application", 6/15/2023;(b)
"Temporary Clinical Social Work Application", 6/15/2023;(c)
"Temporary Non-Resident Social Work Application", 6/15/2023; and(d)
"Temporary Social Work Non-Clinical and Non-Resident Application", 6/150/2023.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Social Work, 125 Holmes Street, Suite 310, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., or from its Web site at https://telehealth.ky.gov.WHITNEY CASSITY-CAWOOD, LCSW, PhD., Board Chair
APPROVED BY AGENCY: June 22, 2023
FILED WITH LRC: June 28, 2023 at 3:00 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 21, 2023, at 10:00 a.m. ET at the Justice and Public Safety Building, Third Floor Board Room, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing 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 August 31, 2023. 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, or 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 license. Access to licensure would maintain the current access to services to the citizens of the Commonwealth and provide social workers access to current employment opportunities. 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 335.10 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(7) authorizes the board to establish requirements for a license 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 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:
The amendment will distinguish between general social work practice and clinical social work practice. The amendment will allow non-resident social workers to obtain a temporary permit in Kentucky to accommodate telehealth and greater access for citizens.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to ensure the proper supervision for the temporary certified social worker and continuity of care between the time the temporary license ends and the full license begins. The amendment ensures increased access to social work services by citizens.
(c) How the amendment conforms to the content of the authorizing statutes:
LRS 335.080(3) requires a contract for certified social workers to practice clinical social work. The amendment conforms to this statute more than 201 KAR 23:016 did. The amendment will allow non-resident social workers to practice in Kentucky for the first time.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment will assist the Board and the approved supervisors, and the certified social workers practicing clinical social to move from the temporary license to the full license without a lapse in services which occurs under 201 KAR 23:016. The amendment makes the contracting for supervision more efficient for the Executive Director to administer. The amendment will allow non-resident social workers to practice in Kentucky for the first time and allows the Board to exercise protection of the public through disciplinary action, and prevents social workers with disciplinary action from practicing in Kentucky.
(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 7,000 licensed social workers, licensed clinical social workers, and certified social workers in Kentucky, public schools, hospitals, 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 and testing requirements will be able to apply for a renewal or reinstatement immediately upon the filing of the emergency administrative regulation or will have their prior license validated.
(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 and will waive any fees incurred.
(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 without any disruptions. (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 licensed social workers to provide social work services will be impacted by this administrative regulation. These entities include public school districts, hospitals, 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 (7) 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 (+/-):
$0.00
Expenditures (+/-):
$0.00
Other Explanation:
There are no fiscal impacts of this regulation; no fee increase.
(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.
None
(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 (+/-):
$0.00
Expenditures (+/-):
$0.00
Other Explanation:
There may be an increase in income to the Board depending on the number of out-of-state social workers who apply for a temporary permit.
(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)]. This regulation will not have a major economic impact.
STATEMENT OF EMERGENCY
201 KAR 23:160E
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 administrative regulation is necessary to mitigate the shortage of social work professionals in the Commonwealth of Kentucky at this time because 201 KAR 23:016 is being withdrawn at the same time this emergency regulation is being submitted to replace 201 KAR 23:016. This administrative regulation more clearly distinguishes between clinical and non-clinical social work practice under a temporary permit. This administrative regulation allows for the certified social worker who is permitted to provide clinical social work to be able to move from the temporary permit to full licensure because this regulation is consistent with KRS 335.080(3), which requires a contract with a licensed clinical social worker for supervision. This administrative regulation provides for non-resident social workers to have a temporary permit for ninety (90) days which is not in 201 KAR 23:016. The need for care continues to increase while the availability of practitioners to provide that care lags behind. Specifically, this administrative regulation allows individuals that meet the appropriate educational requirements to practice social work under a temporary permit, under the appropriate supervision of a licensed social worker, until such time as they are able to obtain licensure pursuant to KRS 335.080, 335.090, or 335.100. Access to temporary licensure would create a significant increase in access to services for the citizens of the Commonwealth and provide new social workers access to employment opportunities shortly after graduation. This administrative regulation will be replaced with an ordinary regulation in due course. The ordinary administrative regulation is identical to this emergency administrative regulation.
WHITNEY CASSITY-CAWOOD, LCSW, PhD, Board Chair
ANDY BESHEAR, Governor
BOARDS AND COMMISSIONS
Board of Social Work
(New Emergency Administrative Regulation)
201 KAR 23:160E.Temporary permission to practice.
Section 1.
Temporary Permits without the Examination.(1)
A temporary permit to engage in the practice of social work shall be granted, if requested, to an applicant who has applied for licensure under the provisions of KRS 335.080 or 335.090 and completed all of the requirements for licensure except having passed the required examination.(2)
The application required by subsection (1) of this section shall be made to the board or to the online application management system and shall:(a)
Include a certification by the applicant that the:1.
Information in the application is true, correct, and complete to the best of their knowledge and belief; and2.
The applicant is aware that the board may take disciplinary action if the application contains a misrepresentation or falsification;(b)
Be accompanied by payment of the application fee that shall:1.
Be made payable to the Kentucky State Treasurer if the application is processed through the board; or2.
Be made to the online application management system as directed by the board.(3)
A person practicing social work under a temporary permit as a licensed social worker or a certified social worker shall be under the supervision of a certified social worker or licensed clinical social worker licensed in Kentucky, who becomes the supervisor of record.(4)
A supervisor of record for a temporary permit holder not practicing clinical social work must have been licensed in Kentucky for two (2) years.(5)
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.(6)
(a)
A temporary permit shall not extend for more than 180 days after the temporary permit is approved by the board unless renewed.(b)
A person may re-apply for a temporary permit before the issued permit expires, and this permit shall not extend for more than 180 days after the temporary permit is approved by the board for a maximum of 360 days.(7)
Temporary permit holders shall not practice telehealth outside of Kentucky, which means that the location of the temporary permit holder and the client at the time of service must be in Kentucky.(8)
The applicant shall pay the required fee for the permit and any renewal.(9)
Receipt of applications, contracts, and notification of approvals can be done by mail or electronically.Section 2.
Temporary Permits to Practice Clinical Social Work without the Examination.(1)
Section 1(1), (2), (7), (8), and (9) are the same for this section.(2)
A certified social worker who seeks to practice 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.(3)
A person practicing under a temporary permit as a certified social worker to provide clinical social work shall not accumulate hours towards the supervision requirements of KRS 335.100(1)(b).(4)
The application for a temporary permit to practice clinical social work shall include a contract/letter signed by 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)
A licensed clinical social worker who qualifies to provide supervision under 201 KAR 23:070 must include temporary permit persons in the required limit of six (6) supervisees as supervisor of record.(7)
Supervision during the period of temporary permission to practice shall be a minimum of one (1) hour of individual, face-to-face, or virtual supervision per week.(8)
A person practicing under a temporary permit as a certified social worker to provide clinical social work shall be valid until the applicant for the Certifies Social Work license is denied under the provisions of KRS 335.080, or the temporary permit expires.(9)
The temporary permit to practice clinical social work shall only be issued with an approved contract as required in KRS 335.080(3).(a)
The temporary permit applicant must complete the temporary permit application that includes a contract with an approved supervisor.(b)
The temporary permit remains in effect until a new contract is approved after the Certified Social Work license is issued under KRS 335.080, even when the maximum of 360 days of the permit is exceeded.(c)
A new application for a temporary permit shall be submitted to the board immediately for approval if the supervisee changes their:1.
Supervisor of record; or2.
Place of employment.(10)
A temporary permit holder shall cease and desist the practice of clinical social work if:(a)
The supervisor of record terminates supervision; or(b)
The temporary permit holder ceases employment listed on the application.(11)
Any changes to the terms of the temporary permit to practice clinical social shall be submitted to the board and approved by the board before the temporary permit holder continues social work practice.(12)
Temporary permit holders who violate the provisions of the section are subject to disciplinary action by the board.Section 3.
Temporary Permits for Out-of-state Independent Clinical License Holders. A temporary permit can be issued for clinical social work practice in Kentucky if requested, as prescribed when:(1)
A temporary permit to provide clinical social work in Kentucky may be granted for not more than ninety consecutive days in one calendar year from the date of application is approved.(2)
A temporary permit to provide clinical social work in Kentucky may be granted for not more than ninety consecutive days in one (1) calendar year from the date of application is approved.(3)
A temporary permit holder under this provision is subject to the complaint procedures of the Kentucky Board of Social Work. Any complaints are reportable to the license board of the jurisdiction where the permit holder/applicant is licensed.(4)
The temporary permit applicant is not a resident of Kentucky.(5)
The temporary permit holder informs the client of the limited nature of their services and that the person is not currently licensed in Kentucky.(6)
The permit applicant has no complaints filed against their license in their current jurisdiction or in the National Practitioner Database or the Public Protection Database.(7)
A permit holder may be required to submit billing records or other records to demonstrate compliance with the requirements of this section.(8)
The permit holder must pay the required fee for the permit.(9)
The applicant shall maintain licensure in the other jurisdiction during the time period of the temporary license.(10)
The person informs the client of the limited nature of their services and that the person is not currently licensed in Kentucky.(11)
The person informs the client of how to make a complaint to the board for improper practice.(12)
The permit holder is allowed to practice telehealth in Kentucky so long as the permit holder:(a)
Provides evidence to the board of appropriate training for telehealth practice;(b)
Is complying with all telehealth laws and regulations of Kentucky; and(c)
Has written consent for telehealth with clients.Section 4.
Temporary Permits for Out-of-state Social Workers. A temporary permit can be issued for social work practice in this state, if requested, for not more than ninety consecutive days during any one calendar year from the date of application approval as prescribed when:(1)
A person who is currently licensed, certified, or regulated pursuant to another jurisdiction or pursuant to the laws of a federally recognized tribe and who provides social work services within the person's scope of practice,(2)
A temporary permit holder under this provision is subject to the complaint procedures of the Kentucky Board of Social Work. Any complaints are reportable to the license board of the jurisdiction where the permit holder/applicant is licensed.(3)
The person seeks permission to practice social work within the state of Kentucky.(4)
The person is not a resident of Kentucky.(5)
The person pays the required fee.(6)
The person completes the required application and is approved.(7)
The person ceases practice when the permit expires.(8)
The person has no disciplinary actions against their license in their current jurisdiction.(9)
A temporary permit holder under this provision is subject to the complaint procedures of the Kentucky Board of Social Work. Any complaints are reportable to the license board of the jurisdiction where the permit holder/applicant is licensed.(10)
The person provides evidence to the board of appropriate training for social work telehealth practice.(11)
The person informs the client of the limited nature of their services and that the person is only temporarily licensed in Kentucky.(12)
The person informs the client of how to make a complaint to the board for improper practice.Section 5.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Temporary Non-Clinical Social Work Application", 6/15/2023;(b)
"Temporary Clinical Social Work Application", 6/15/2023;(c)
"Temporary Non-Resident Social Work Application", 6/15/2023; and(d)
"Temporary Social Work Non-Clinical and Non-Resident Application", 6/150/2023.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Social Work, 125 Holmes Street, Suite 310, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., or from its Web site at https://telehealth.ky.gov.WHITNEY CASSITY-CAWOOD, LCSW, PhD., Board Chair
APPROVED BY AGENCY: June 22, 2023
FILED WITH LRC: June 28, 2023 at 3:00 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 21, 2023, at 10:00 a.m. ET at the Justice and Public Safety Building, Third Floor Board Room, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing 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 August 31, 2023. 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, or 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 license. Access to licensure would maintain the current access to services to the citizens of the Commonwealth and provide social workers access to current employment opportunities. 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 335.10 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(7) authorizes the board to establish requirements for a license 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 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:
The amendment will distinguish between general social work practice and clinical social work practice. The amendment will allow non-resident social workers to obtain a temporary permit in Kentucky to accommodate telehealth and greater access for citizens.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to ensure the proper supervision for the temporary certified social worker and continuity of care between the time the temporary license ends and the full license begins. The amendment ensures increased access to social work services by citizens.
(c) How the amendment conforms to the content of the authorizing statutes:
LRS 335.080(3) requires a contract for certified social workers to practice clinical social work. The amendment conforms to this statute more than 201 KAR 23:016 did. The amendment will allow non-resident social workers to practice in Kentucky for the first time.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment will assist the Board and the approved supervisors, and the certified social workers practicing clinical social to move from the temporary license to the full license without a lapse in services which occurs under 201 KAR 23:016. The amendment makes the contracting for supervision more efficient for the Executive Director to administer. The amendment will allow non-resident social workers to practice in Kentucky for the first time and allows the Board to exercise protection of the public through disciplinary action, and prevents social workers with disciplinary action from practicing in Kentucky.
(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 7,000 licensed social workers, licensed clinical social workers, and certified social workers in Kentucky, public schools, hospitals, 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 and testing requirements will be able to apply for a renewal or reinstatement immediately upon the filing of the emergency administrative regulation or will have their prior license validated.
(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 and will waive any fees incurred.
(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 without any disruptions. (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 licensed social workers to provide social work services will be impacted by this administrative regulation. These entities include public school districts, hospitals, 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 (7) 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 (+/-):
$0.00
Expenditures (+/-):
$0.00
Other Explanation:
There are no fiscal impacts of this regulation; no fee increase.
(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.
None
(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 (+/-):
$0.00
Expenditures (+/-):
$0.00
Other Explanation:
There may be an increase in income to the Board depending on the number of out-of-state social workers who apply for a temporary permit.
(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)]. This regulation will not have a major economic impact.