Title 201 | Chapter 026 | Regulation 118E
201 KAR 26:118REG
A proposed version of this document exists.
STATEMENT OF EMERGENCY
201 KAR 26:118E
Pursuant to KRS 13A.190(1)(a)3 and KRS 319.054, Article XV.B.1, this emergency administrative regulation is being promulgated to meet the requirements of the Board of Examiners of Psychology to review any rule adopted by the Psychology Interjurisdictional Compact Administrators pursuant to Article XI and XV of KRS 319.054 within sixty (60) days of adoption for the purpose of filing the rule as an emergency administrative regulation pursuant to KRS 13A.190 and for filing the rule as an accompanying ordinary administrative regulation pursuant to KRS Chapter 13A. This administrative regulation incorporates by reference the rules adopted by the Psychology Interjurisdictional Compact Administrators and the bylaws.
Due to a series of states of emergency in the Commonwealth since the adoption of the Psychology Interjurisdictional Compact and the related rules being adopted in an ongoing manner, the transition of board members and thus a transition in the Kentucky commissioner for PSYPACT, and continuous transition of board counsel and the high demand for legal services, the need for filing an emergency regulation relating to rules and bylaws adopted by the Psychology Interjurisdictional Compact Commission was overlooked and is now being filed to correct this oversight.
This emergency regulation is mandated to be filed along with an ordinary administrative regulation pursuant to KRS 319.054, Article XV.B.1. This emergency administrative regulation will be replaced by an ordinary administrative regulation. The ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
HARWELL SMITH, Ph.D., Board Chair
GENERAL GOVERNMENT CABINET
Kentucky Board of Examiners of Psychology
(New Emergency Administrative Regulation)
201 KAR 26:118E.Psychology interjurisdictional compact.
Section 1.
The Board of Examiners of Psychology shall comply with all bylaws, rules, and administrative regulations of the Psychology Interjurisdictional Compact Administrators, which includes The Psychology Interjurisdictional Compact Rules as of October 9, 2019, and as amended and updated November 16, 2023, and Bylaws as of July 22, 2019, and as amended November 16, 2023.Section 2.
Incorporation by Reference.(1)
The following material is incorporated by reference.(a)
"The Psychology Interjurisdictional Compact (PSYPACT) Rules, PSYPACT Rules", October 9, 2019 through November 16, 2023; and(b)
"The Psychology Interjurisdictional Compact (PSYPACT Bylaws)", Adopted July 22, 2019 and as revised on November 16, 2023;(2)
(a)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Examiners of Psychology, 500 Mero Street, 2 SC 32, Frankfort, Kentucky 40602, Monday through Friday, 8 am to 4:30 p.m.; or(b)
This material may also be obtained on the Board of Examiners of Psychology's Web site at https://psy.ky.gov/.(3)
This material may also be obtained at:(a)
The Psychology Interjurisdictional Compact Commission, 210 Market Road, Tyrone, GA 30290;(b)
https://psypact.gov/page/governance.HISTORY: COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.
HARWELL SMITH, PH.D., Chair
APPROVED BY AGENCY: September 18, 2025
FILED WITH LRC: October 3, 2025 at 2:50 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on November 21, 2025 at 1:00 PM EST at The Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky 40601. Individuals interested in attending this hearing shall notify this agency in writing no later than five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend is received by that date, the hearing may be canceled. A transcript of the public hearing will not be made unless a written request for a transcript is made prior to the end of the hearing. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until 11:59 pm on November 30, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: MARK R. BRENGELMAN, Board Counsel, Kentucky Board of Examiners of Psychology, 306 West Main Street, The McClure Building Suite 503, Frankfort, Kentucky 40601, phone (502) 696-3992, e-mail: Mark@MarkRBrengelmanPLLC.attorney
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Mark R. Brengelman
Subject Headings:
Licensing, Occupations and Professions, and Psychological Services.
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation implements provisions of KRS 319.054, the Psychology Interjurisdictional Compact.
(b) The necessity of this administrative regulation:
This regulation is necessary to comply with the statutory directive of KRS 319.054, Article XV B 1.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of KRS 319.054, Article XV B 1, which requires rules adopted by the Psychology Interjurisdictional Compact to be promulgated as administrative regulations pursuant to KRS Chapter 13A.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the statutes by implementing the provisions of KRS 319.054, Article XV B 1.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
Yes. 2021 KY. Acts ch. 46, sec. 1.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect the board, approximately 1,630 licensees regulated by the board and new applicants for licensure.
(5) Provide an analysis of how the entities identified in question (4) 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 (4) will have to take to comply with this administrative regulation or amendment:
No action is necessary by those impacted.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There is no cost imposed by this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Kentucky will remain in compliance with the Psychology Interjurisdictional Compact, which will allow those impacted to continue to receive the benefits thereof as it relates to multistate practice.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no additional cost to implement this regulation.
(b) On a continuing basis:
There will be no additional cost to implement this regulation on a continuing basis.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The board’s operations are funded by fees paid by credential holders and applicants.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding will be required to implement this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish fees or directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
Tiering was not applied as the compact applies to all impacted individuals and entities equally.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 319.032, 319.054.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation is expressly authorized by KRS 319.054, Article XV.B.1.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Board of Examiners of Psychology is the promulgating agency. No other state units, parts or divisions are affected.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
None.
For subsequent years:
None.
2. Revenues:
For the first year:
None.
For subsequent years:
None.
3. Cost Savings:
For the first year:
None.
For subsequent years:
None.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No local entities are affected.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
None. No local entities are identified.
For subsequent years:
None. No local entities are identified.
2. Revenues:
For the first year:
None. No local entities are identified.
For subsequent years:
None. No local entities are identified.
3. Cost Savings:
For the first year:
None. No local entities are identified.
For subsequent years:
None. No local entities are identified.
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
None.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
None.
For subsequent years:
None.
2. Revenues:
For the first year:
None.
For subsequent years:
None.
3. Cost Savings:
For the first year:
None.
For subsequent years:
None.
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
None. There are no costs to the promulgating agency for adopting Psypact rules and no other entities are identified.
(b) Methodology and resources used to reach this conclusion:
There are no costs to the promulgating agency that are associated with adopting this regulation.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
This administrative regulation will not have a major economic impact.
(b) The methodology and resources used to reach this conclusion:
None. The promulgating agency will incur no costs and no other entities are identified.
STATEMENT OF EMERGENCY
201 KAR 26:118E
Pursuant to KRS 13A.190(1)(a)3 and KRS 319.054, Article XV.B.1, this emergency administrative regulation is being promulgated to meet the requirements of the Board of Examiners of Psychology to review any rule adopted by the Psychology Interjurisdictional Compact Administrators pursuant to Article XI and XV of KRS 319.054 within sixty (60) days of adoption for the purpose of filing the rule as an emergency administrative regulation pursuant to KRS 13A.190 and for filing the rule as an accompanying ordinary administrative regulation pursuant to KRS Chapter 13A. This administrative regulation incorporates by reference the rules adopted by the Psychology Interjurisdictional Compact Administrators and the bylaws.
Due to a series of states of emergency in the Commonwealth since the adoption of the Psychology Interjurisdictional Compact and the related rules being adopted in an ongoing manner, the transition of board members and thus a transition in the Kentucky commissioner for PSYPACT, and continuous transition of board counsel and the high demand for legal services, the need for filing an emergency regulation relating to rules and bylaws adopted by the Psychology Interjurisdictional Compact Commission was overlooked and is now being filed to correct this oversight.
This emergency regulation is mandated to be filed along with an ordinary administrative regulation pursuant to KRS 319.054, Article XV.B.1. This emergency administrative regulation will be replaced by an ordinary administrative regulation. The ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
HARWELL SMITH, Ph.D., Board Chair
GENERAL GOVERNMENT CABINET
Kentucky Board of Examiners of Psychology
(New Emergency Administrative Regulation)
201 KAR 26:118E.Psychology interjurisdictional compact.
Section 1.
The Board of Examiners of Psychology shall comply with all bylaws, rules, and administrative regulations of the Psychology Interjurisdictional Compact Administrators, which includes The Psychology Interjurisdictional Compact Rules as of October 9, 2019, and as amended and updated November 16, 2023, and Bylaws as of July 22, 2019, and as amended November 16, 2023.Section 2.
Incorporation by Reference.(1)
The following material is incorporated by reference.(a)
"The Psychology Interjurisdictional Compact (PSYPACT) Rules, PSYPACT Rules", October 9, 2019 through November 16, 2023; and(b)
"The Psychology Interjurisdictional Compact (PSYPACT Bylaws)", Adopted July 22, 2019 and as revised on November 16, 2023;(2)
(a)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Examiners of Psychology, 500 Mero Street, 2 SC 32, Frankfort, Kentucky 40602, Monday through Friday, 8 am to 4:30 p.m.; or(b)
This material may also be obtained on the Board of Examiners of Psychology's Web site at https://psy.ky.gov/.(3)
This material may also be obtained at:(a)
The Psychology Interjurisdictional Compact Commission, 210 Market Road, Tyrone, GA 30290;(b)
https://psypact.gov/page/governance.HISTORY: COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.
HARWELL SMITH, PH.D., Chair
APPROVED BY AGENCY: September 18, 2025
FILED WITH LRC: October 3, 2025 at 2:50 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on November 21, 2025 at 1:00 PM EST at The Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky 40601. Individuals interested in attending this hearing shall notify this agency in writing no later than five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend is received by that date, the hearing may be canceled. A transcript of the public hearing will not be made unless a written request for a transcript is made prior to the end of the hearing. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until 11:59 pm on November 30, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: MARK R. BRENGELMAN, Board Counsel, Kentucky Board of Examiners of Psychology, 306 West Main Street, The McClure Building Suite 503, Frankfort, Kentucky 40601, phone (502) 696-3992, e-mail: Mark@MarkRBrengelmanPLLC.attorney
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Mark R. Brengelman
Subject Headings:
Licensing, Occupations and Professions, and Psychological Services.
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation implements provisions of KRS 319.054, the Psychology Interjurisdictional Compact.
(b) The necessity of this administrative regulation:
This regulation is necessary to comply with the statutory directive of KRS 319.054, Article XV B 1.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of KRS 319.054, Article XV B 1, which requires rules adopted by the Psychology Interjurisdictional Compact to be promulgated as administrative regulations pursuant to KRS Chapter 13A.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the statutes by implementing the provisions of KRS 319.054, Article XV B 1.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
Yes. 2021 KY. Acts ch. 46, sec. 1.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect the board, approximately 1,630 licensees regulated by the board and new applicants for licensure.
(5) Provide an analysis of how the entities identified in question (4) 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 (4) will have to take to comply with this administrative regulation or amendment:
No action is necessary by those impacted.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There is no cost imposed by this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Kentucky will remain in compliance with the Psychology Interjurisdictional Compact, which will allow those impacted to continue to receive the benefits thereof as it relates to multistate practice.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no additional cost to implement this regulation.
(b) On a continuing basis:
There will be no additional cost to implement this regulation on a continuing basis.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The board’s operations are funded by fees paid by credential holders and applicants.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding will be required to implement this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish fees or directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
Tiering was not applied as the compact applies to all impacted individuals and entities equally.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 319.032, 319.054.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation is expressly authorized by KRS 319.054, Article XV.B.1.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Board of Examiners of Psychology is the promulgating agency. No other state units, parts or divisions are affected.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
None.
For subsequent years:
None.
2. Revenues:
For the first year:
None.
For subsequent years:
None.
3. Cost Savings:
For the first year:
None.
For subsequent years:
None.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No local entities are affected.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
None. No local entities are identified.
For subsequent years:
None. No local entities are identified.
2. Revenues:
For the first year:
None. No local entities are identified.
For subsequent years:
None. No local entities are identified.
3. Cost Savings:
For the first year:
None. No local entities are identified.
For subsequent years:
None. No local entities are identified.
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
None.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
None.
For subsequent years:
None.
2. Revenues:
For the first year:
None.
For subsequent years:
None.
3. Cost Savings:
For the first year:
None.
For subsequent years:
None.
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
None. There are no costs to the promulgating agency for adopting Psypact rules and no other entities are identified.
(b) Methodology and resources used to reach this conclusion:
There are no costs to the promulgating agency that are associated with adopting this regulation.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
This administrative regulation will not have a major economic impact.
(b) The methodology and resources used to reach this conclusion:
None. The promulgating agency will incur no costs and no other entities are identified.