Title 503 | Chapter 005 | Regulation 140REG


PROPOSED
This document is not yet current.
JUSTICE AND PUBLIC SAFETY CABINET
Department of Criminal Justice Training
(New Administrative Regulation)

503 KAR 5:140.Law Enforcement Professional Development and Wellness Program.

Section 1.

Definitions.

(1)

"Critical incident" is defined by KRS 15.518(9)(a).

(2)

"Culmination of events" means repeated exposure to critical incidents or other traumatic events.

(3)

"EMDR" means eye movement desensitization and reprocessing.

(4)

"KYPCIS" means a post-critical incident seminar offered as required by KRS 15.518 by the department Law Enforcement Professional Development and Wellness Program structured to provide officer or telecommunicator personnel the knowledge and support to mitigate exposure to stress, promote recovery, and build resilience following exposure to a critical incident or culmination of events.

(5)

"KYPCIS peer" means a current or former officer or telecommunicator that meets the requirements contained in Section 3 of this administrative regulation.

(6)

"Law enforcement officer" or "officer" is defined by KRS 15.310(9).

(7)

"Spouse" or "significant other" means a:

(a)

Person legally married to the officer or telecommunicator KYPCIS participant;

(b)

Person engaged to marry the officer or telecommunicator KYPCIS participant;

(c)

Person who lives with the officer or telecommunicator KYPCIS participant; or

(d)

Relative or friend of the officer or telecommunicator KYPCIS participant as designated by the KYPCIS participant.

(8)

"Telecommunicator" is defined by KRS 15.530(3) and (5).

Section 2.

Qualifications and Duties of the Clinical Program Director.

(1)

The Law Enforcement Professional Development and Wellness Program shall be administered by a mental health professional with the following minimum qualifications:

(a)

Master's degree in:

1.

Mental health counseling;

2.

Marriage and family therapy;

3.

Psychology; or

4.

Social work;

(b)

Be an advanced practice registered nurse certified in a psychiatric mental health population focus; or

(c)

Be a qualified mental health professional as defined by KRS 202A.011(13):

1.

Except the mental health professional shall not be required to be currently employed by a hospital as required by KRS 202A.011(12) (d), (f), or (g); and

2.

Excluding KRS 202A.011(13) (a), (b), (d), and (h); and

(d)

A minimum of three (3) years of professional experience in their field:

1.

Diagnosing mental health issues;

2.

Providing mental health counseling for individuals or groups; or

3.

Developing, researching, planning, teaching, or analyzing mental health issues;

(e)

Trained in EMDR therapy by an Eye Movement Desensitization and Reprocessing International Association (EMDRIA) approved trainer;

(f)

A minimum of three years of EMDR use in client therapy;

(g)

Licensed in Kentucky in their field within ninety (90) days of appointment as the clinical program director;

(h)

Become certified as an instructor or receive a waiver from the Kentucky Law Enforcement Council pursuant to 503 KAR 1:100 within twelve (12) months of employment as the clinical program director; and

(i)

Maintain any required license, certification, liability insurance, or other credential for the length of employment as the clinical program director.

(2)

Duties of clinical program director include:

(a)

Develop strategies to assist department executive staff in implementing changes in training and policy;

(b)

Conduct, supervise, and analyze research for policy development from within state government and national sources;

(c)

Advise department executive staff on mental health policy issues that may impact Kentucky Law Enforcement;

(d)

Serve as point of contact and initiate and direct research and analysis performed by outside consultants, universities, and other data sources;

(e)

Evaluate print and electronic media for applicable information from which department planning and training is based;

(f)

Serve as a resource for updating current trends and actions by other governmental and law enforcement agencies relating to mental health and professional development;

(g)

Attend meetings with department executive staff and outside organizations as a representative of the department;

(h)

Work with individuals, families, or groups to assist in the diagnosis, treatment, and management of mental health problems such as post-traumatic stress disorder, depression, grief, and anxiety;

(i)

Identify mental health professionals, maintain an active directory for referral, and provide training to mental health professionals for work with officers and telecommunicators; and

(j)

Other duties as assigned.

Section 3.

A KYPCIS peer shall meet the following requirements:

(1)

Attend to completion at least one (1) KYPCIS as a participant;

(2)

Complete stress management peer support training offered by the department;

(3)

Attend to completion at least two (2) KYPCISs as a peer-in-training; and

(4)

Have experience as an officer, telecommunicator, or spouse of an officer or telecommunicator.

Section 4.

KYPCIS Curriculum, Programming, Seminar Type, and Treatment Modalities.

(1)

A KYPCIS shall last a minimum of twenty-four (24) hours, conducted over more than one day, and offer participant training including:

(a)

Stress and trauma;

(b)

Coping;

(c)

Resiliency; and

(d)

Building and maintaining healthy relationships.

(2)

Treatment modalities may include:

(a)

Group discussions guided by a mental health professional;

(b)

Small group discussions facilitated by KYPCIS peers; and

(c)

One-on-one sessions conducted by a mental health professional with a KYPCIS participant to discuss individual needs and determine if the participant is a candidate for specific therapies.

(3)

Discussions may include:

(a)

The body's response to stress;

(b)

Grief;

(c)

Relationships;

(d)

Medications; and

(e)

Stress management.

Section 5.

Program Participation and Eligibility Requirements.

(1)

An officer or telecommunicator in Kentucky may be considered for participation in a KYPCIS if the individual has experienced a critical incident or culmination of events.

(2)

Consideration shall be given to the following factors in determining an officer or telecommunicator's eligibility to participate in a KYPCIS:

(a)

KYPCIS capacity;

(b)

Symptom presentation of the applicant officer or telecommunicator resulting from a critical incident or culmination of events; and

(c)

Any additional traumatic event experienced by the officer or telecommunicator.

(3)

A spouse or significant other of an officer or telecommunicator KYPCIS participant may be considered for participation in a KYPCIS as capacity allows.

(4)

An officer or telecommunicator or the spouse or significant other of an officer or telecommunicator may apply to attend a KYPCIS. An applicant shall complete the application available on the KYPCIS website at https://www.kypcis.com/, which shall include the following:

(a)

Applicant's name;

(b)

The officer or telecommunicator's:

1.

Name, if the applicant is a spouse or significant other of the officer or telecommunicator;

2.

Employing law enforcement agency;

3.

Work and home address;

4.

Email address;

5.

Telephone number;

6.

Critical incident experienced including:

a.

Line of duty death;

b.

Event involving a juvenile;

c.

Culmination of events;

d.

Officer involved shooting; and

e.

Other;

7.

Requested KYPCIS date;

8.

Status as one of the following:

a.

Current officer;

b.

Retired officer;

c.

Current telecommunicator; or

d.

Retired telecommunicator; and

(c)

If a spouse or significant other will be attending the KYPCIS:

1.

The name of the officer or telecommunicator with whom the spouse or significant other will be attending; and

2.

The spouse or significant other's:

a.

Name;

b.

Work and home address;

c.

Email address; and

d.

Telephone number.

Section 6.

KYPCIS Attendance by Officers or Telecommunicators from Other States. Eligibility for KYPCIS attendance by an out-of-state officer or telecommunicators shall be:

(1)

Considered based on the eligibility factors in Section 5 of this administrative regulation; and

(2)

Based on KYPCIS capacity as set forth by KRS 15.518(5).

Section 7.

Reciprocity for Interagency Assistance with Other State, Federal, and Tribal Law Enforcement Agencies and Officers in Administering the Law Enforcement Professional Development and Wellness Program. The department may assist other agencies in the development of a post-critical incident seminar program or accept assistance from other agencies in the development or completion of a KYPCIS upon prior approval from the commissioner or designee.

Section 8.

Confidentiality. Information, including any peer support communication as defined in KRS 65.1591(1)(a), disclosed during a KYPCIS shall remain confidential and privileged as set out by KRS 15.518(7) and 65.1591.

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.

MIKE BOSSE, Commissioner
APPROVED BY AGENCY: August 6, 2025
FILED WITH LRC: August 13, 2025 at 9:55 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 21, 2025, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. 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 October 31, 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: Nathan Goens, Assistant General Counsel, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8216, fax (502) 564-6686, email Justice.RegsContact@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Nathan Goens
Subject Headings:
Criminal Justice Training, Law Enforcement, Justice and Public Safety
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the standards and procedures for the Law Enforcement Professional Development and Wellness Program and KYPCISs.
(b) The necessity of this administrative regulation:
KRS 15.518(6) requires the Department of Criminal Justice Training to promulgate administrative regulations to address the minimum qualifications and duties of any person who administers the Law Enforcement Professional Development and Wellness Program; the curriculum, programming, seminar type, and treatment modalities used in the program; the extent to which a participant's relatives or friends may participate in seminars; the standards by which officers from other states may be accepted into the program by the commissioner; and a protocol for establishing reciprocity for interagency assistance with other state, federal, and tribal law enforcement agencies and officers in administering the program.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The administrative regulation meets the promulgation requirement in KRS 15.518(6).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The administrative regulation provides information to administrators and those attending Law Enforcement Professional Development and Wellness Programs KYPCISs including the minimum qualifications and duties of any person who administers the Law Enforcement Professional Development and Wellness Program; the curriculum, programming, seminar type, and treatment modalities used in the program; the extent to which a participant's relatives or friends may participate in seminars; the standards by which officers from other states may be accepted into the program by the commissioner; and a protocol for establishing reciprocity for interagency assistance with other state, federal, and tribal law enforcement agencies and officers in administering the program.
(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 is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects the Department of Criminal Justice Training resiliency section staff and up to 45 participants from law enforcement agencies per KYPCIS with up to twelve (12) KYPCISs each year.
(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:
For the DOCJT Resiliency section, this regulation provides guidance for the administration of KYPCISs. State, local, and out of state officers and telecommunicators shall apply to attend a KYPCIS by completing the application available on the KYPCIS Web site at https://www.kypcis.com/ for the officer, telecommunicator, spouse, or significant other applying to attend the KYPCIS.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
The KYPCISs are required by KRS 15.518 and not by this regulation. Each KYPCIS costs DOCJT from $50,000 to $56,000 dependent on the number of participants. The cost to law enforcement agencies and participants is dependent on the employer's policy. Lodging and meals are provided to participants while the participant is in the KYPCIS. The only cost not covered is travel to the KYPCIS and the employee’s wages.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
The KYPCISs assist individuals and local police agencies in processing critical incidents. Additionally, because a KYPCIS is a KLEC certified class, the officers and telecommunicators attending will receive twenty-four (24) hours of training credit that is applied to their annual training requirement.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The KYPCISs are required by KRS 15.518 and not by this regulation. However, each KYPCIS costs DOCJT from $50,000 to $56,000 dependent on the number of participants. If the maximum of twelve (12) KYPCISs are held, it would cost approximately $720,000.
(b) On a continuing basis:
This cost will be approximately the same with variation attributable to inflation.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The source of funding for the Law Enforcement Professional Development and Wellness Fund is the KLEFPF fund.
(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:
An increase in fees or funding is not anticipated.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The administrative regulation does not establish any fees.
(10) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.

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 15.518, KRS 65.1591
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
2018 Kentucky Laws Ch. 104 (HB 68) created KRS 15.518. KRS 15.518(6) requires the Department of Criminal Justice Training to promulgate administrative regulations to address the minimum qualifications and duties of any person who administers the Law Enforcement Professional Development and Wellness Program; the curriculum, programming, seminar type, and treatment modalities used in the program; the extent to which a participant's relatives or friends may participate in seminars; the standards by which officers from other states may be accepted into the program by the commissioner; and a protocol for establishing reciprocity for interagency assistance with other state, federal, and tribal law enforcement agencies and officers in administering the program.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
Department of Criminal Justice Training
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
KYPCISs are required by KRS 15.518 and not this regulation. However, each KYPCIS costs DOCJT from $50,000 to $56,000 dependent on the number of participants. If the maximum of twelve (12) KYPCISs are held, it would cost approximately $720,000.
For subsequent years:
Expenditures related to KYPCISs will be similar as the first year in subsequent years but may fluctuate due to inflationary cost resulting in changes in hotel room rates and the prices of catering contracts.
2. Revenues:
For the first year:
Revenue is not generated by this administrative regulation.
For subsequent years:
Revenue is not generated by this administrative regulation.
3. Cost Savings:
For the first year:
The administrative regulation is not expected to decrease costs.
For subsequent years:
The administrative regulation is not expected to decrease costs.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
City, county, and other local law enforcement agencies will be affected by this administrative regulation. (b) Estimate the following for each affected state unit, part, or division identified in (4)(a):
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
KYPCISs are required by KRS 15.518 and not this regulation. However, the cost to law enforcement agencies and participants is dependent on the employer's policy. Lodging and meals are provided to participants while the participant is in the KYPCIS. The only cost not covered is travel to the KYPCIS and the employee’s wages. Most agencies allow their employees to utilize an agency-owned vehicle for travel to the KYPCIS and pay their employees their regular wages due to the mandated training credit that is received.
For subsequent years:
Expenditures related to KYPCISs will be similar as the first year in subsequent years but may fluctuate due to inflationary cost resulting in changes in hotel room rates and the prices of catering contracts.
2. Revenues:
For the first year:
Revenue is not generated by this administrative regulation.
For subsequent years:
Revenue is not generated by this administrative regulation.
3. Cost Savings:
For the first year:
The administrative regulation is not expected to decrease costs.
For subsequent years:
The administrative regulation is not expected to decrease costs.
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
Additional regulated entities have not been identified. None
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
Not Applicable
For subsequent years:
Not Applicable
2. Revenues:
For the first year:
Not Applicable
For subsequent years:
Not Applicable
3. Cost Savings:
For the first year:
Not Applicable
For subsequent years:
Not Applicable
(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:
This administrative regulation impacts how the Department of Criminal Justice Training operates but is not expected to result in costs as the KYPCISs are required by KRS 15.518 and cost DOCJT from $50,000 to $56,000 dependent on the number of participants. If the maximum of twelve (12) KYPCISs are held, it would cost approximately $720,000.
(b) Methodology and resources used to reach this conclusion:
This figure was arrived at by calculating the total cost of prior KYPCISs.
(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):
The administrative regulation does not have an adverse major economic impact as the KYPCISs are required by KRS 15.518 and not the regulation itself. However, each KYPCIS costs DOCJT from $50,000 to $56,000 dependent on the number of participants. If the maximum of twelve (12) KYPCISs are held, it would cost approximately $720,000. There are no adverse major economic impacts to other entities, only minimal impacts.
(b) The methodology and resources used to reach this conclusion:
The methodology used was calculating the total cost of past KYPCISs to determine the impact on DOCJT. For other agencies, the methodology was by speaking with participants during and after the KYPCIS.

7-Year Expiration: 8/19/2032

Last Updated: 8/27/2025


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