Title 201 | Chapter 036 | Regulation 100REG
PROPOSED
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PREVIOUS VERSION
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GENERAL GOVERNMENT CABINET
Kentucky Board of Licensed Professional Counselors
(Amendment)
201 KAR 36:100.Counseling compact.
Section 1.
The Board of Licensed Professional Counselors shall comply with all rules of the Counseling Compact, which includes the Counseling Compact Rules as of January 10, 2024.Section 2.
Incorporation by Reference.(1)
The following material is incorporated by reference: "The Counseling Compact Rules", January 10, 2024, and as revised.(a)
Chapter 2 – Definitions, adopted October 25, 2023;(b)
Chapter 3 – Examination Requirements, adopted October 25, 2023;(c)
Chapter 4 – Data System Reporting Requirements, adopted January 10, 2024;(d)
Chapter 5 – Rulemaking on Legacy Eligibility for Privilege to Practice, adopted October 8, 2024; and(e)
Chapter 6. Rulemaking on Implementing Criminal Background Checks, adopted October 8, 2024.(2)
(a)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Licensed Professional Counselors, 500 Mero Street, 2 SC 32, Frankfort, Kentucky 40602, Monday through Friday, 8 a.m. to 4:30 p.m.; or(b)
This material may also be obtained on the Board of Licensed Professional Counselors' Web site at https://lpc.ky.gov/.(3)
This material may also be obtained at:(a)
The Counseling Compact Commission, 108 Wind Haven Drive, Suite A, Nicholasville, Kentucky 40356; or(b)
https://counselingcompact.org/compact-commission/rulemaking/.DR. ANDREA BROOKS, Board Chair
APPROVED BY AGENCY: November 20, 2024
FILED WITH LRC: November 26, 2024 at 12:02 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 25, 2025, at 2:00 P.M. Eastern Time, at the Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky in PPC Conference Room 127CW. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. 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 February 28, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to https://ppc.ky.gov/reg_comment.aspx or the contact person.
CONTACT PERSON: Sara Boswell Janes, Title: Staff Attorney III
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 335.515, 335.560. Interstate compacts are specifically authorized under the federal constitution (Article 1, Section 10, Clause 3- the Compacts Clause) and take precedence over any conflicting state law pursuant to the Compacts Clause and the Contracts Clause, U.S. Constitution, Article 1, Section 10, Clause 1.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
the Kentucky Board of Licensed Professional Counselors is the promulgating agency and the only affected state unit, part or division.
(a) Estimate the following for the first year:
Expenditures:
The compact will likely become operational in 2025, however, the expenditures needed in the first year are currently indeterminable. There will likely be some state expenditures necessary for data system programming, administering applications for compact privileges within and without the Commonwealth, as well as administering complaint and enforcement actions for those with the privilege to practice in Kentucky, and possibly for Kentucky licensees with the privilege to practice in other states.
Revenues:
If the compact becomes operational in Kentucky during the first year, The Board may require imposition of a fee to cover the cost of administration. However, at this time potential revenues are indeterminable.
Cost Savings:
Indeterminable.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The compact will likely become operational in 2025, however, the expenditures, revenue and cost savings in subsequent years, if any, are currently indeterminable.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None anticipated.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no difference in expenditures, revenues or cost savings to local entities in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
(a) Estimate the following for the first year:
Expenditures:
Revenues:
Cost Savings:
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
There is minimal anticipated fiscal impact to this administrative regulation in the first year. It is possible there will be a fiscal impact of administering applications for compact privileges for in-state licensees who apply for the privilege to practice in another state, and for out of state licensees who apply for the privilege to practice in Kentucky. The Compact Commission remains in its infancy and the work to be conducted by the state board on behalf of the compact is yet to be determined.
(b) Methodology and resources used to determine the fiscal impact:
Methodology and resources are currently indeterminable since there are no known duties outlined for the state in relation to the compact.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This administrative regulation will not have an overall negative or adverse major economic impact to the entities identified.
(b) The methodology and resources used to reach this conclusion:
Methodology and resources are currently indeterminable since there are no known duties outlined for the state in relation to the compact; however, given the number of licensees, current budget and anticipated number of applications for out of state licensees to obtain the privilege to practice in Kentucky, no major economic impact is anticipated.
GENERAL GOVERNMENT CABINET
Kentucky Board of Licensed Professional Counselors
(Amendment)
201 KAR 36:100.Counseling compact.
Section 1.
The Board of Licensed Professional Counselors shall comply with all rules of the Counseling Compact, which includes the Counseling Compact Rules as of January 10, 2024.Section 2.
Incorporation by Reference.(1)
The following material is incorporated by reference: "The Counseling Compact Rules", January 10, 2024, and as revised.(a)
Chapter 2 – Definitions, adopted October 25, 2023;(b)
Chapter 3 – Examination Requirements, adopted October 25, 2023;(c)
Chapter 4 – Data System Reporting Requirements, adopted January 10, 2024;(d)
Chapter 5 – Rulemaking on Legacy Eligibility for Privilege to Practice, adopted October 8, 2024; and(e)
Chapter 6. Rulemaking on Implementing Criminal Background Checks, adopted October 8, 2024.(2)
(a)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Licensed Professional Counselors, 500 Mero Street, 2 SC 32, Frankfort, Kentucky 40602, Monday through Friday, 8 a.m. to 4:30 p.m.; or(b)
This material may also be obtained on the Board of Licensed Professional Counselors' Web site at https://lpc.ky.gov/.(3)
This material may also be obtained at:(a)
The Counseling Compact Commission, 108 Wind Haven Drive, Suite A, Nicholasville, Kentucky 40356; or(b)
https://counselingcompact.org/compact-commission/rulemaking/.DR. ANDREA BROOKS, Board Chair
APPROVED BY AGENCY: November 20, 2024
FILED WITH LRC: November 26, 2024 at 12:02 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 25, 2025, at 2:00 P.M. Eastern Time, at the Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky in PPC Conference Room 127CW. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. 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 February 28, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to https://ppc.ky.gov/reg_comment.aspx or the contact person.
CONTACT PERSON: Sara Boswell Janes, Title: Staff Attorney III
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 335.515, 335.560. Interstate compacts are specifically authorized under the federal constitution (Article 1, Section 10, Clause 3- the Compacts Clause) and take precedence over any conflicting state law pursuant to the Compacts Clause and the Contracts Clause, U.S. Constitution, Article 1, Section 10, Clause 1.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
the Kentucky Board of Licensed Professional Counselors is the promulgating agency and the only affected state unit, part or division.
(a) Estimate the following for the first year:
Expenditures:
The compact will likely become operational in 2025, however, the expenditures needed in the first year are currently indeterminable. There will likely be some state expenditures necessary for data system programming, administering applications for compact privileges within and without the Commonwealth, as well as administering complaint and enforcement actions for those with the privilege to practice in Kentucky, and possibly for Kentucky licensees with the privilege to practice in other states.
Revenues:
If the compact becomes operational in Kentucky during the first year, The Board may require imposition of a fee to cover the cost of administration. However, at this time potential revenues are indeterminable.
Cost Savings:
Indeterminable.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The compact will likely become operational in 2025, however, the expenditures, revenue and cost savings in subsequent years, if any, are currently indeterminable.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None anticipated.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no difference in expenditures, revenues or cost savings to local entities in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
(a) Estimate the following for the first year:
Expenditures:
Revenues:
Cost Savings:
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
There is minimal anticipated fiscal impact to this administrative regulation in the first year. It is possible there will be a fiscal impact of administering applications for compact privileges for in-state licensees who apply for the privilege to practice in another state, and for out of state licensees who apply for the privilege to practice in Kentucky. The Compact Commission remains in its infancy and the work to be conducted by the state board on behalf of the compact is yet to be determined.
(b) Methodology and resources used to determine the fiscal impact:
Methodology and resources are currently indeterminable since there are no known duties outlined for the state in relation to the compact.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This administrative regulation will not have an overall negative or adverse major economic impact to the entities identified.
(b) The methodology and resources used to reach this conclusion:
Methodology and resources are currently indeterminable since there are no known duties outlined for the state in relation to the compact; however, given the number of licensees, current budget and anticipated number of applications for out of state licensees to obtain the privilege to practice in Kentucky, no major economic impact is anticipated.