Title 201 | Chapter 023 | Regulation 170
SUPERSEDED
This document is no longer current.
BOARDS AND COMMISSIONS
Board of Social Work
(New Administrative Regulation)
201 KAR 23:170.Telehealth and social work practice.
Section 1.
Definitions.(1)
"Client" is defined by 201 KAR 23:080, Section 1.(2)
"Clinical social worker" means a licensed clinical social worker or a certified social worker under the supervision of a licensed clinical social worker.(3)
"Electronic social work service" means the use of Technology-Enabled Modalities and other electronic means to:(a)
Provide information to the public;(b)
Deliver social work services to clients;(c)
Communicate with clients;(d)
Manage confidential information, personally identifiable information, protected health information, and financial and case records;(e)
Deliver services through videoconferencing, electronic mail, text, chat, facsimile, virtual/augmented/extended/mixed reality, artificial intelligence, standard audio-only telephone, or digital and analog methods;(f)
Store and access information about clients;(g)
Provide synchronous telehealth or asynchronous telehealth; and(h)
Arrange payment for professional services.(4)
"Telehealth" is defined in KRS 335.158(3) and 211.332(5).(5)
"Telehealth service" means any service provided via electronic means that utilizes the social worker's skills, knowledge, and training for a client,(a)
Event;(b)
Encounter;(c)
Consultation;(d)
Visit;(e)
Store-and-forward transfer;(f)
Remote patient monitoring;(g)
Referral; or(h)
Treatment.(6)
"Telehealth Terminology Glossary" in 900 KAR 12:005 is incorporated by reference.(7)
"Teletherapy" means the practice of clinical social work as defined in KRS 335.020 and 201 KAR 23:070; andSection 2.
Standards of Practice. All licensees using telehealth to deliver telehealth, teletherapy, or electronic social work services shall, upon initial contact with a potential client and with the client thereafter:(1)
Make reasonable attempts to verify and document the identity of the client(s);(2)
Make reasonable attempts to verify and document the physical location of the client(s);(3)
Obtain alternative means of contacting the client(s) other than including electronically;(4)
Provide how communications can be directed to the social worker other than electronically;(5)
Assess and document that the client's needs are appropriate for telehealth, teletherapy, or electronic social work services and that the client has the necessary knowledge and skill to benefit from telehealth, teletherapy, or electronic social work services provided by the social worker;(6)
Use secure communications with clients, including encrypted text messages, email, non-public remote communication facing products, or secure internet sites.(7)
Not use personally identifying information or PHI in non-secure communications without expressed written and periodically reviewed informed consent to use non-secure communication.(8)
Obtain written informed consent for telehealth, teletherapy, or electronic social work services that include:(a)
The informed consent as required 201 KAR 23:080;(b)
The client's right to request in-person visits;(c)
The limitations of using technology in the provision of services;(9)
Potential risks to privacy and confidentiality of information due to the use of technology in the provision of services;(a)
Potential risks of disruption in the use of technology;(b)
When and how the social worker utilizes electronic messages;(c)
The circumstances in which the social worker will use alternative communications for emergency purposes, including medical, psychiatric, or other emergencies;(d)
Anyone who may have access to client communications with the social worker;(e)
Identification of the social worker, their credentials, and the jurisdiction(s) of licensed practice;(f)
How or when recording of services is permitted by either the licensee or the client; and,(g)
How electronic signatures are obtained.(10)
The requirement of written informed consent shall not apply to an emergency if the client cannot provide informed consent, and the client's legally authorized representative is unavailable.(11)
Provide how the social worker stores and disposes of recordings or electronic communications from the client; and,(12)
Document in the client's record that a service was provided by electronic social work service within forty-eight (48) hours of the service, including any technical difficulties and adherence to all standards of care;(13)
All licensees using telehealth, teletherapy, or electronic social work services to deliver social work services shall adhere to the same or appropriately adapted standards of care as in-person care.(14)
All licensees shall be aware of the terminology and concepts defined in the Telehealth Terminology Glossary, such as, but not limited to, asynchronous telehealth, clinical text/chat, distant site, and originating site.Section 3.
Competence, Limits on Practice, Maintenance, and Retention of Records.(1)
A social worker using telehealth, teletherapy, or electronic social work services to deliver social work services shall:(a)
Limit the practice of telehealth or teletherapy, or electronic social work services to the area of competence in which proficiency has been gained through education, training, and experience;(b)
Maintain current competency in the practice of telehealth, teletherapy, or electronic social work services through continuing education, consultation, or other methods, in conformance with standards of care and professional knowledge;(2)
Document the client's presenting problem, service needs, care plan, treatment, diagnosis, or reasons for social work services;(a)
Ensure that confidential communications obtained and stored electronically cannot be recovered and accessed by unauthorized persons when the social worker disposes of electronic equipment and data;(b)
Ensure the availability and integrity of digital records;(c)
Have a set and disclosed retention period for secure storage of records, recordings, or electronic communications; and(d)
Provide services only within their scope of practice.(3)
Licensees providing clinical social work under supervision by an approved LCSW supervisor shall:(a)
Disclose all telehealth, teletherapy, or electronic social work services in the contract for supervision required under 201 KAR 23:070 or 201 KAR 23:160; and(b)
Comply with the directives of the board.(4)
A social worker licensed in another jurisdiction and using telehealth, teletherapy, or electronic social work services to deliver social work services to a client located in Kentucky at the time of service or is located in Kentucky at the time of service shall have a temporary permit to provide services or be licensed in Kentucky.Section 4.
Continued education.(1)
All licensees shall attain or maintain their competence to deliver telehealth, teletherapy, or electronic social work services through appropriate supervision and continued education.(2)
All new licensees shall take a board approved two (2) hour course once within their first license cycle on the regulations for delivering telehealth, teletherapy, or electronic social work services.(3)
All current licensees shall take a two (2) hour course on the regulations for delivering telehealth, teletherapy, or electronic social work services approved by the board by June 30, 2024.(4)
Continued education presented as an electronic social work service shall comply with 201 KAR 23:075.Section 5.
Compliance with Federal, State, and Local Law. All licensees using telehealth to deliver social work services or teletherapy, or electronic social work services shall comply with the following:(1)
The federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. secs. 1320d to 1320d-9, any amendments or changes subsequently included, and other applicable federal and state laws.(2)
The laws and regulations of the jurisdiction in which they are located and in which the client is located at the time service is rendered and under KRS 211.336(2)(i) when not in conflict with another state's laws;(3)
Section 508 of the Rehabilitation Act, 29 U.S.C. 794(d), to allow telehealth, teletherapy, or electronic social work services accessible to a client with disabilities.Section 6.
Representation of Services and Code of Conduct. A licensee using telehealth to deliver social work services or teletherapy, or electronic social work services:(1)
Shall not, by or on behalf of the social worker, engage in false, misleading, or deceptive advertising of services via telehealth, teletherapy, or electronic social work services;(2)
Shall not employ fee-splitting with other telehealth persons or entities;(3)
Shall comply with 201 KAR 23:080, Code of ethical conduct; and(4)
Shall comply with all applicable administrative regulations.Section 7.
Incorporation by Reference.(1)
"Telehealth Terminology Glossary", August 2022, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Telehealth Services, 275 East Main Street, Frankfort, Kentucky 40621, 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 September 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 September 30, 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 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 provide directions for social workers to practice telehealth and allow social work licensees in the Commonwealth of Kentucky to improve access to services and meet the needs of citizens. 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 requirements to practice telehealth responsibly and respectfully of federal and state laws.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to address the necessity of allowing social work licensees to practice telehealth in the Commonwealth of Kentucky and prevent fraud and abuse.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 335.070(2) authorizes the board to promulgate administrative regulations to carry out the provisions of KRS 335.10 to 335.160 and KRS 335.990. KRS 335.158(2) authorizes the board to promulgate administrative regulations for telehealth.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist the board in lawfully addressing the ability of social workers to practice telehealth and protect the public 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:
This amendment does not change an existing amendment.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary as it is specific to social work practices, both clinical and non-clinical.
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment conforms to the requirements of KRS 355.158(3) to promulgate regulations.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will assist the Kentucky Board of Social Work in administering KRS 335.158 for social work practice.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This 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 license requirements will be able to practice telehealth at their level of licensure.
(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 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 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 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(2).
(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. There is no effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None. There is no revenue generated.
(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. There is no revenue generated.
(c) How much will it cost to administer this program for the first year?
0 -There is no cost
(d) How much will it cost to administer this program for subsequent years?
0 -there is no cost.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
0 – there are no anticipated revenues that will impact this administrative regulation
Expenditures (+/-):
0 – there are no anticipated expenditures that will impact this administrative regulation
Other Explanation:
None. There are not any other revenues or expenditures that will impact this administrative regulation.
(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 (+/-):
0 - There is no anticipated cost savings that will impact this administrative regulation
Expenditures (+/-):
0 - There is no anticipated expenditures that will impact this administrative regulation
Other Explanation:
0 - There is not any other income or expenditure that will impact this administrative regulation.
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
This administrative regulation will not have a major economic impact as defined above.
BOARDS AND COMMISSIONS
Board of Social Work
(New Administrative Regulation)
201 KAR 23:170.Telehealth and social work practice.
Section 1.
Definitions.(1)
"Client" is defined by 201 KAR 23:080, Section 1.(2)
"Clinical social worker" means a licensed clinical social worker or a certified social worker under the supervision of a licensed clinical social worker.(3)
"Electronic social work service" means the use of Technology-Enabled Modalities and other electronic means to:(a)
Provide information to the public;(b)
Deliver social work services to clients;(c)
Communicate with clients;(d)
Manage confidential information, personally identifiable information, protected health information, and financial and case records;(e)
Deliver services through videoconferencing, electronic mail, text, chat, facsimile, virtual/augmented/extended/mixed reality, artificial intelligence, standard audio-only telephone, or digital and analog methods;(f)
Store and access information about clients;(g)
Provide synchronous telehealth or asynchronous telehealth; and(h)
Arrange payment for professional services.(4)
"Telehealth" is defined in KRS 335.158(3) and 211.332(5).(5)
"Telehealth service" means any service provided via electronic means that utilizes the social worker's skills, knowledge, and training for a client,(a)
Event;(b)
Encounter;(c)
Consultation;(d)
Visit;(e)
Store-and-forward transfer;(f)
Remote patient monitoring;(g)
Referral; or(h)
Treatment.(6)
"Telehealth Terminology Glossary" in 900 KAR 12:005 is incorporated by reference.(7)
"Teletherapy" means the practice of clinical social work as defined in KRS 335.020 and 201 KAR 23:070; andSection 2.
Standards of Practice. All licensees using telehealth to deliver telehealth, teletherapy, or electronic social work services shall, upon initial contact with a potential client and with the client thereafter:(1)
Make reasonable attempts to verify and document the identity of the client(s);(2)
Make reasonable attempts to verify and document the physical location of the client(s);(3)
Obtain alternative means of contacting the client(s) other than including electronically;(4)
Provide how communications can be directed to the social worker other than electronically;(5)
Assess and document that the client's needs are appropriate for telehealth, teletherapy, or electronic social work services and that the client has the necessary knowledge and skill to benefit from telehealth, teletherapy, or electronic social work services provided by the social worker;(6)
Use secure communications with clients, including encrypted text messages, email, non-public remote communication facing products, or secure internet sites.(7)
Not use personally identifying information or PHI in non-secure communications without expressed written and periodically reviewed informed consent to use non-secure communication.(8)
Obtain written informed consent for telehealth, teletherapy, or electronic social work services that include:(a)
The informed consent as required 201 KAR 23:080;(b)
The client's right to request in-person visits;(c)
The limitations of using technology in the provision of services;(9)
Potential risks to privacy and confidentiality of information due to the use of technology in the provision of services;(a)
Potential risks of disruption in the use of technology;(b)
When and how the social worker utilizes electronic messages;(c)
The circumstances in which the social worker will use alternative communications for emergency purposes, including medical, psychiatric, or other emergencies;(d)
Anyone who may have access to client communications with the social worker;(e)
Identification of the social worker, their credentials, and the jurisdiction(s) of licensed practice;(f)
How or when recording of services is permitted by either the licensee or the client; and,(g)
How electronic signatures are obtained.(10)
The requirement of written informed consent shall not apply to an emergency if the client cannot provide informed consent, and the client's legally authorized representative is unavailable.(11)
Provide how the social worker stores and disposes of recordings or electronic communications from the client; and,(12)
Document in the client's record that a service was provided by electronic social work service within forty-eight (48) hours of the service, including any technical difficulties and adherence to all standards of care;(13)
All licensees using telehealth, teletherapy, or electronic social work services to deliver social work services shall adhere to the same or appropriately adapted standards of care as in-person care.(14)
All licensees shall be aware of the terminology and concepts defined in the Telehealth Terminology Glossary, such as, but not limited to, asynchronous telehealth, clinical text/chat, distant site, and originating site.Section 3.
Competence, Limits on Practice, Maintenance, and Retention of Records.(1)
A social worker using telehealth, teletherapy, or electronic social work services to deliver social work services shall:(a)
Limit the practice of telehealth or teletherapy, or electronic social work services to the area of competence in which proficiency has been gained through education, training, and experience;(b)
Maintain current competency in the practice of telehealth, teletherapy, or electronic social work services through continuing education, consultation, or other methods, in conformance with standards of care and professional knowledge;(2)
Document the client's presenting problem, service needs, care plan, treatment, diagnosis, or reasons for social work services;(a)
Ensure that confidential communications obtained and stored electronically cannot be recovered and accessed by unauthorized persons when the social worker disposes of electronic equipment and data;(b)
Ensure the availability and integrity of digital records;(c)
Have a set and disclosed retention period for secure storage of records, recordings, or electronic communications; and(d)
Provide services only within their scope of practice.(3)
Licensees providing clinical social work under supervision by an approved LCSW supervisor shall:(a)
Disclose all telehealth, teletherapy, or electronic social work services in the contract for supervision required under 201 KAR 23:070 or 201 KAR 23:160; and(b)
Comply with the directives of the board.(4)
A social worker licensed in another jurisdiction and using telehealth, teletherapy, or electronic social work services to deliver social work services to a client located in Kentucky at the time of service or is located in Kentucky at the time of service shall have a temporary permit to provide services or be licensed in Kentucky.Section 4.
Continued education.(1)
All licensees shall attain or maintain their competence to deliver telehealth, teletherapy, or electronic social work services through appropriate supervision and continued education.(2)
All new licensees shall take a board approved two (2) hour course once within their first license cycle on the regulations for delivering telehealth, teletherapy, or electronic social work services.(3)
All current licensees shall take a two (2) hour course on the regulations for delivering telehealth, teletherapy, or electronic social work services approved by the board by June 30, 2024.(4)
Continued education presented as an electronic social work service shall comply with 201 KAR 23:075.Section 5.
Compliance with Federal, State, and Local Law. All licensees using telehealth to deliver social work services or teletherapy, or electronic social work services shall comply with the following:(1)
The federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. secs. 1320d to 1320d-9, any amendments or changes subsequently included, and other applicable federal and state laws.(2)
The laws and regulations of the jurisdiction in which they are located and in which the client is located at the time service is rendered and under KRS 211.336(2)(i) when not in conflict with another state's laws;(3)
Section 508 of the Rehabilitation Act, 29 U.S.C. 794(d), to allow telehealth, teletherapy, or electronic social work services accessible to a client with disabilities.Section 6.
Representation of Services and Code of Conduct. A licensee using telehealth to deliver social work services or teletherapy, or electronic social work services:(1)
Shall not, by or on behalf of the social worker, engage in false, misleading, or deceptive advertising of services via telehealth, teletherapy, or electronic social work services;(2)
Shall not employ fee-splitting with other telehealth persons or entities;(3)
Shall comply with 201 KAR 23:080, Code of ethical conduct; and(4)
Shall comply with all applicable administrative regulations.Section 7.
Incorporation by Reference.(1)
"Telehealth Terminology Glossary", August 2022, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Telehealth Services, 275 East Main Street, Frankfort, Kentucky 40621, 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 September 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 September 30, 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 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 provide directions for social workers to practice telehealth and allow social work licensees in the Commonwealth of Kentucky to improve access to services and meet the needs of citizens. 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 requirements to practice telehealth responsibly and respectfully of federal and state laws.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to address the necessity of allowing social work licensees to practice telehealth in the Commonwealth of Kentucky and prevent fraud and abuse.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 335.070(2) authorizes the board to promulgate administrative regulations to carry out the provisions of KRS 335.10 to 335.160 and KRS 335.990. KRS 335.158(2) authorizes the board to promulgate administrative regulations for telehealth.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist the board in lawfully addressing the ability of social workers to practice telehealth and protect the public 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:
This amendment does not change an existing amendment.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary as it is specific to social work practices, both clinical and non-clinical.
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment conforms to the requirements of KRS 355.158(3) to promulgate regulations.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will assist the Kentucky Board of Social Work in administering KRS 335.158 for social work practice.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This 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 license requirements will be able to practice telehealth at their level of licensure.
(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 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 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 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(2).
(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. There is no effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None. There is no revenue generated.
(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. There is no revenue generated.
(c) How much will it cost to administer this program for the first year?
0 -There is no cost
(d) How much will it cost to administer this program for subsequent years?
0 -there is no cost.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
0 – there are no anticipated revenues that will impact this administrative regulation
Expenditures (+/-):
0 – there are no anticipated expenditures that will impact this administrative regulation
Other Explanation:
None. There are not any other revenues or expenditures that will impact this administrative regulation.
(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 (+/-):
0 - There is no anticipated cost savings that will impact this administrative regulation
Expenditures (+/-):
0 - There is no anticipated expenditures that will impact this administrative regulation
Other Explanation:
0 - There is not any other income or expenditure that will impact this administrative regulation.
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
This administrative regulation will not have a major economic impact as defined above.