Kentucky 2020 Regular Session Status: Enacted

SB 191 — AN ACT relating to substance use disorders.

Last action — signed by Governor (Acts Ch. 99)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 20, 2020. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

430 added · 244 removed

430 line(s) added, 244 removed.

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UNOFFICIAL COPY 20 RS BR 1860 AN ACT relating to alcohol and drug counselors.
UNOFFICIAL COPY 20 RS SB 191/EN AN ACT relating to substance use disorders.
Section 1.
SECTION 1.
KRS 309.080 is amended to read as follows:
A NEW SECTION OF KRS CHAPTER 222 IS CREATED TO READ AS FOLLOWS:
As used in KRS 309.080 to 309.089, unless the context otherwise requires:
(1) For the purposes of this section only:
(1) "Board" means the Kentucky Board of Alcohol and Drug Counselors;
(a) "Employee" means a person who has failed a drug screen related to employment;
(2) "Certified alcohol and drug counselor assistant I" means a person certified by the board who meets the requirements in Section 2 of this Act;
and (b) "Employer" means an employer who elects to employ a person who has failed a drug screen related to employment.
(3) "Certified alcohol and drug counselor assistant II" means a person certified by the board who meets the requirements in Section 3;
(2) The purpose of this section is to foster economic opportunities for individuals with histories of substance use disorder and to encourage employer participation in substance use disorder treatment programs.
(4) "Certified alcohol and drug counselor" means a person certified by the board who meets the requirements in KRS 309.083;
(3) The Cabinet for Health and Family Services shall, in conjunction with the Office of Drug Control Policy, promulgate any administrative regulations necessary to implement an employer-facilitated substance use disorder treatment program for employees who have failed an employment-related drug screen.
(5)[(3)] "Certificate holder" means an alcohol and drug counselor who is certified pursuant to KRS 309.080 to 309.089;
The administrative regulations, at a minimum, shall include provisions:
(6)[(4)] "Licensed clinical alcohol and drug counselor" means a person licensed by the board who meets the requirements of KRS 309.0832;
(a) Enumerating elements necessary in an employer's drug policy if the employer elects to participate in an employer-facilitated substance use disorder treatment program;
(7)[(5)] "Licensed clinical alcohol and drug counselor associate" means a person licensed by the board who meets the requirements of KRS 309.0833;
(b) Mandating an initial clinical assessment of the employee by a qualified health professional and creation of a written treatment plan;
(8)[(6)] "Licensee" means a clinical alcohol and drug counselor who is licensed pursuant to KRS 309.080 to 309.089;
(c) Containing referral information for clinical assessments of employees, education, and treatment options;
(9)[(7)] "Practice of alcohol and drug counseling":
(d) Requiring the employee provide its employer with proof of the employee's active participation in a licensed drug education and substance use disorder treatment program and demonstrated successful compliance with the Page 1 of 15 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 191/EN recommendations of the initial clinical assessment;
(a) Means the assessment and counseling of an individual, family, or group dealing with an alcohol or drug problem or addiction;
and (e) Establishing follow-up drug testing for the employee.
and (b) Does not include the diagnosis or treatment of a mental health condition, or the administration or interpretation of psychological tests;
(4) The Cabinet for Health and Family Services in conjunction with the Office of Drug Control Policy shall:
(10)[(8)] "Registered alcohol and drug peer support specialist" means a person registered by the board who meets the requirements in KRS 309.0831;
(a) Promote voluntary participation for all employers regardless of the number of employees;
and (11)[(9)] "Registrant" means an alcohol and drug peer support specialist who is Page 1 of 9 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1860 registered pursuant to KRS 309.080 to 309.089.
and (b) Develop and deliver resources and training for employers including the following information:
1.
The definition of substance use disorder as defined in the current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders;
2.
Signs and symptoms of a substance use disorder;
3.
A list of licensed treatment options for substance use disorder;
4.
Information about acceptable use of treatment records covered by the federal Health Insurance Portability and Accountability Act;
5.
Information about substance use disorder treatment, return to use, and supportive work environments for treatment and recovery;
and 6.
A list of qualified health professionals that an employer may use to provide onsite drug abuse prevention education and substance use disorder treatment services for employees.
(5) To participate in a treatment program the employee shall:
(a) Provide the employer with a signed consent authorizing the employer to provide and receive documentation confirming the employee's participation and completion of substance use treatment services;
(b) Comply with the employer's drug policy;
and (c) Comply with the administrative regulations promulgated by the Cabinet for Health and Family Services in conjunction with the Office of Drug Control Page 2 of 15 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 191/EN Policy.
(6) To participate in the program an employer shall:
(a) Develop and distribute to persons it employs a written drug policy, procedure, or protocol including, without limit, a test or series of tests to objectively measure substances that can create substance use disorders, that is in compliance with state and federal law;
(b) Require an employee to participate in recommended drug education and licensed substance use disorder treatment services as a condition of employment;
(c) Have the right to discipline or terminate an employee who does not comply with the agreed treatment services or the employer's drug policy;
(d) Comply with the administrative regulations promulgated by the Cabinet for Health and Family Services, and the Office of Drug Control Policy;
and (e) Secure all records and information concerning an employee's drug test results, treatment assessments, and treatment reports in a confidential manner and shall maintain this information separately from the employee's personnel file.
The employer shall share this information:
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1.
a.
Internally only with those in the employee's chain-of-authority who need the information to perform responsibilities related to supervision or support of the employee;
and b.
Externally only when the employee has provided specific written authorization to disclose specific facts to specific parties for a specific purpose;
or 2.
As ordered by the court.
(7) An employer may:
(a) Pay for all or part of the employee's substance use disorder education and treatment services;
and Page 3 of 15 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 191/EN (b) Accept a voluntary wage assignment from the employee to pay for part of the employee's substance use disorder treatment.
The wage assignment shall not reduce the employee's remaining net compensation below the federal minimum wage during any pay period.
(8) If an employer complies with the requirements of this section:
(a) The employer shall not be liable for a civil action alleging negligent hiring, negligent retention, or negligent supervision for a negligent act by the employee as a result of the employee's substance use disorder unless it can be shown that the employer violated subsection (6) of this section, or knew or should have known, that the employee had a recurrence of his or her substance use disorder and was acting under the influence of the substance at the time of the alleged negligent act;
(b) The employer's participation or nonparticipation in a drug education and substance use disorder treatment program shall not be admissible as evidence in an action against the employer, the employer's agent, or the employer's employee except that it may be admitted as evidence of the participating employer's liability limitation, mitigation of damages, or as evidence of a participating employer's noncompliance with subsection (6) of this section;
and (c) Referral and treatment for drug education and substance use disorder treatment by the employer shall not be sufficient to constitute compliance with this section unless the employee has complied with all other requirements of this statute and associated administrative regulations.
(9) This section shall not form the basis of any individual private right of action and subsection (8)(a) of this section shall operate as an affirmative defense for which an employer bears the burden of proving compliance.
However, nothing in this section shall bar a plaintiff from commencing a cause of action for any common Page 4 of 15 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 191/EN law claim for any injury to person or property or for wrongful death in any civil action alleging negligent hiring, negligent retention, or negligent supervision, against an employer.
(1) An applicant for certification as a certified alcohol and drug counselor assistant I shall pay the board the initial fee for certification, and shall:
(1) An applicant for certification as a certified alcohol and drug counselor associate I shall pay the board the initial fee for certification, and shall:
(c) Have completed forty (40) classroom hours of board-approved curriculum, twenty (20) hours of which shall have been obtained in the previous two (2) years, that include the following chemical dependency specific content:
(c) Have completed forty (40) classroom hours of board-approved curriculum, twenty (20) hours of which shall have been obtained in the previous two (2) years, that includes:
Theories of addiction;
Screening assessment and engagement;
Counseling procedures and strategies with addicted populations;
Treatment planning, collaboration, and referral;
Group process and techniques working with addicted populations;
Counseling;
4.
and 4.
Assessment and diagnosis of addiction;
Professional and ethical responsibilities;
5.
(d) Be under the ongoing supervision of a board-approved supervisor for no less than two (2) hours, two (2) times a month in the practice of drug and alcohol counseling;
Treatment planning;
and (e) Submit a signed statement agreeing to practice by the code of ethical standards adopted by the board.
and 6.
(2) During the first twelve (12) months after an initial certificate has been issued, a certified alcohol and drug counselor associate I shall complete at least thirty (30) additional classroom hours of board-approved curriculum as specified in subsection (1)(c)1.
Legal and ethical issues pertaining to chemical dependency;
to 4.
and (d) Submit a signed statement agreeing to practice by the code of ethical standards adopted by the board.
(2) During the first twelve (12) months after an initial certificate has been issued, a certified alcohol and drug counselor assistant I shall complete at least thirty (30) additional classroom hours of board-approved curriculum that include the chemical dependency specific content specified in subsection (1)(c)1.
to 6.
A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO READ AS FOLLOWS:
A NEW SECTION OF KRS 309.080 TO 309.089 IS CREATED TO READ AS FOLLOWS:
An applicant for certification as a certified alcohol and drug counselor assistant II shall pay the board the initial fee for certification, and shall:
Page 5 of 15 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 191/EN An applicant for certification as a certified alcohol and drug counselor associate II shall pay the board the initial fee for certification, and shall:
Page 2 of 9 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1860 (1) Be certified by the board as a certified alcohol and drug counselor assistant I for a period of at least eight (8) months;
(1) Be certified by the board as a certified alcohol and drug counselor associate I for a period of at least eight (8) months;
(a) A certified alcohol and drug counselor who has at least two (2) years of post-certification experience;
(a) A certified alcohol and drug counselor who has at least two (2) years of post-certification experience and has attended the board-sponsored supervision training;
or (b) A licensed clinical alcohol and drug counselor who has at least two (2) years of post-licensure experience;
or (b) A licensed clinical alcohol and drug counselor who has at least twelve (12) months of post-licensure experience or has attended the board-sponsored supervision training;
and (3) Have seventy (70) hours of approved chemical dependency specific education of which twenty (20) hours shall have been obtained in the previous two (2) years.
and (3) Have seventy (70) hours of approved classroom hours of board-approved curriculum of which twenty (20) hours shall have been obtained in the previous two (2) years and shall be in addition to the classroom hours required in Section 2 of this Act for a certified alcohol and drug counselor associate I.
KRS 309.080 is amended to read as follows:
As used in KRS 309.080 to 309.089, unless the context otherwise requires:
(1) "Board" means the Kentucky Board of Alcohol and Drug Counselors;
(2) "Certified alcohol and drug counselor associate I" means a person certified by the board who meets the requirements of Section 2 of this Act;
(3) "Certified alcohol and drug counselor associate II" means a person certified by the board who meets the requirements of Section 3 of this Act;
(4) "Certified alcohol and drug counselor" means a person certified by the board who meets the requirements in KRS 309.083;
Page 6 of 15 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 191/EN (5)[(3)] "Certificate holder" means an alcohol and drug counselor who is certified pursuant to KRS 309.080 to 309.089;
(6)[(4)] "Licensed clinical alcohol and drug counselor" means a person licensed by the board who meets the requirements of KRS 309.0832;
(7)[(5)] "Licensed clinical alcohol and drug counselor associate" means a person licensed by the board who meets the requirements of KRS 309.0833;
(8)[(6)] "Licensee" means a clinical alcohol and drug counselor who is licensed pursuant to KRS 309.080 to 309.089;
(9)[(7)] "Practice of alcohol and drug counseling":
(a) Means the assessment and counseling of an individual, family, or group dealing with an alcohol or drug problem or addiction;
and (b) Does not include the diagnosis or treatment of a mental health condition, or the administration or interpretation of psychological tests;
(10)[(8)] "Registered alcohol and drug peer support specialist" means a person registered by the board who meets the requirements in KRS 309.0831;
and (11)[(9)] "Registrant" means an alcohol and drug peer support specialist who is registered pursuant to KRS 309.080 to 309.089.
Section 5.
KRS 309.0805 is amended to read as follows:
(1) No person shall use the title "licensed clinical alcohol and drug counselor," "licensed clinical alcohol and drug counselor associate," "certified alcohol and drug counselor," "certified alcohol and drug counselor associate II," "certified alcohol and drug counselor associate I," or "registered alcohol and drug peer support specialist," or hold himself or herself out as a "licensed clinical alcohol and drug counselor," "licensed clinical alcohol and drug counselor associate," "certified alcohol and drug counselor," or "registered alcohol and drug peer support specialist" unless he or she is licensed, certified, or registered pursuant to KRS 309.080 to 309.089.
Page 7 of 15 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 191/EN (2) Nothing in KRS 309.080 to 309.089 shall apply to persons licensed, certified, or registered under any other provision of the Kentucky Revised Statutes, including but not limited to physicians, social workers, psychologists, marriage and family therapists, art therapists, nurses, or students in accredited training programs in those professions, and nothing in KRS 309.080 to 309.089 shall be construed to limit, interfere with, or restrict the practice, descriptions of services, or manner in which they hold themselves out to the public.
(3) Nothing in KRS 309.080 to 309.089 shall be construed to alter, amend, or interfere with the practice of those who render counseling services, including but not limited to employment counseling, job placement counseling, vocational rehabilitation counseling, pastoral counseling based on any tenet of one's religious beliefs, or school counseling.
(4) Nothing in KRS 309.080 to 309.089 shall apply to the activities and services of a student intern or trainee who is pursuing a program of studies in alcohol and drug counseling at an accredited institution of higher education, if these activities are performed under the supervision or direction of an approved supervisor and the activities are part of the supervised program of studies.
Section 6.
KRS 309.0813 is amended to read as follows:
The board shall:
(1) Promulgate administrative regulations pursuant to KRS Chapter 13A for the administration and enforcement of KRS 309.080 to 309.089;
(2) Promulgate administrative regulations pursuant to KRS Chapter 13A establishing a code of ethics, standards of practice, and continuing education for licensed clinical alcohol and drug counselors, licensed clinical alcohol and drug counselor associates, certified alcohol and drug counselors, certified alcohol and drug counselor associates II, certified alcohol and drug counselor associates I, and registered alcohol and drug peer support specialists;
Page 8 of 15 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 191/EN (3) Approve and disapprove, at least once every other month[twice a year], those persons who shall be licensed, certified, or registered under KRS 309.080 to 309.089;
(4) Approve the examination required of applicants for licensure or certification as alcohol and drug counselors and applicants for registration as alcohol and drug peer support specialists, and promulgate administrative regulations pursuant to KRS Chapter 13A for the administration and grading of the examination;
(5) Promulgate administrative regulations pursuant to KRS Chapter 13A to define the process to register with the board as a registered alcohol and drug peer support specialist, certified alcohol and drug counselor, licensed clinical alcohol and drug counselor associate, or licensed clinical alcohol and drug counselor;
(6) Promulgate administrative regulations pursuant to KRS Chapter 13A establishing grounds and procedures for denying, suspending, failing to reissue, or revoking a license, certificate, or registration, and issuing reprimands and admonishments pursuant to KRS 309.080 to 309.089;
(7) Hold a hearing pursuant to KRS Chapter 13B upon the request of an aggrieved licensee, licensee associate, certificate holder, or registrant, or an applicant for a license, certificate, or registration;
(8) Employ needed personnel and establish their duties and compensation;
(9) Maintain a register of licensed clinical alcohol and drug counselors, licensed clinical alcohol and drug counselor associates, certified alcohol and drug counselors, and registered alcohol and drug peer support specialists;
(10) Keep a complete record of the board's proceedings;
(11) Investigate suspected or alleged violations of KRS 309.080 to 309.089 and the administrative regulations promulgated pursuant to KRS 309.080 to 309.089;
(12) Promulgate administrative regulations pursuant to KRS Chapter 13A establishing an initial licensure fee, certification fee, registration fee, and annual renewal fees Page 9 of 15 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 191/EN not to exceed three hundred dollars ($300) each;
(13) Take legal action as necessary to restrain or enjoin violations of KRS 309.080 to 309.089 and the administrative regulations promulgated pursuant to KRS 309.080 to 309.089;
(14) Submit an annual report to the Governor and the Legislative Research Commission by January 1 of each year, which lists all hearings conducted by the board and the decisions rendered;
and (15) Collect and deposit all fees, fines, and other moneys owed to the board into the State Treasury to the credit of the revolving fund established in KRS 309.082.
Section 7.
(2) Have obtained a baccalaureate degree, unless the applicant is certified by the board as a certified alcohol and drug counselor assistant II;
(2) Have obtained a baccalaureate degree, unless the applicant is certified by the board as a certified alcohol and drug counselor associate II;
(3) Have completed six hundred (600) hours of board-approved experience working with persons having a substance use disorder[six thousand (6,000) hours of board- approved experience working with persons having a substance use disorder, three hundred (300) hours of which shall have been] under the direct supervision of:
(3) Have completed the minimum work experience and supervision requirements for alcohol and drug counselors by the International Certification and Reciprocity Consortium with supervised hours being[six thousand (6,000) hours of board- approved experience working with persons having a substance use disorder, three hundred (300) hours of which shall have been] under the direct supervision of:
(a) A certified alcohol and drug counselor who has at least two (2) years of post- certification experience;
(a) A certified alcohol and drug counselor who has at least two (2) years of post- certification experience and has attended the board-sponsored supervision training;
or (b) A licensed clinical alcohol and drug counselor who has at least two (2) years of post-licensure experience;
or (b) A licensed clinical alcohol and drug counselor who has at least twelve (12) months[two (2) years] of post-licensure experience or has attended the board-sponsored supervision training;
(4) Have completed at least two hundred seventy (270) classroom hours of board- Page 3 of 9 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1860 approved curriculum or be a registered alcohol and drug peer support specialist;
(4) Meet all minimum supervision, education, and training requirements of the Page 10 of 15 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 191/EN International Certification and Reciprocity Consortium for the Alcohol and Drug Counselor (ADC)[Have completed at least two hundred seventy (270) classroom hours of board-approved curriculum];
(5) Have passed a written examination that has been approved by the International Certification Reciprocity Consortium on Alcoholism and Drug Abuse;
(5) Have passed a written examination for alcohol and drug counselors that has been approved by the International Certification and Reciprocity Consortium[ on Alcoholism and Drug Abuse];
Section 5.
Section 8.
(3) Have completed eighty (80)[five hundred (500)] hours of board-approved experience working with persons having a substance use disorder, twenty-five (25) hours of which shall have been under the direct supervision of:
(3) Have completed five hundred (500) hours of board-approved experience working with persons having a substance use disorder, twenty-five (25) hours of which shall have been under the direct supervision of:
(a) A certified alcohol and drug counselor who has at least two (2) years post- certification experience;
(a) A certified alcohol and drug counselor who has at least two (2) years post- certification experience and has attended the board-sponsored supervision Page 11 of 15 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 191/EN training;
or (b) A licensed clinical alcohol and drug counselor;
or (b) A licensed clinical alcohol and drug counselor who has at least twelve (12) months of post-licensure experience or has attended the board-sponsored supervision training;
Page 4 of 9 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1860 (5) Have passed a written examination that has been approved by the board;
(5) Have passed a written examination that has been approved by the board;
Section 6.
Section 9.
KRS 309.0805 is amended to read as follows:
KRS 309.0832 is amended to read as follows:
(1) No person shall use the title "licensed clinical alcohol and drug counselor," "licensed clinical alcohol and drug counselor associate," "certified alcohol and drug counselor," "certified alcohol and drug counselor assistant II," "certified alcohol and drug counselor assistant I," or "registered alcohol and drug peer support specialist," or hold himself or herself out as a "licensed clinical alcohol and drug counselor," "licensed clinical alcohol and drug counselor associate," "certified alcohol and drug counselor," or "registered alcohol and drug peer support specialist" unless he or she is licensed, certified, or registered pursuant to KRS 309.080 to 309.089.
An applicant for licensure as a licensed clinical alcohol and drug counselor shall pay the board the initial fee for licensure, and shall:
(2) Nothing in KRS 309.080 to 309.089 shall apply to persons licensed, certified, or Page 5 of 9 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1860 registered under any other provision of the Kentucky Revised Statutes, including but not limited to physicians, social workers, psychologists, marriage and family therapists, art therapists, nurses, or students in accredited training programs in those professions, and nothing in KRS 309.080 to 309.089 shall be construed to limit, interfere with, or restrict the practice, descriptions of services, or manner in which they hold themselves out to the public.
(1) Be at least eighteen (18) years of age;
(3) Nothing in KRS 309.080 to 309.089 shall be construed to alter, amend, or interfere with the practice of those who render counseling services, including but not limited to employment counseling, job placement counseling, vocational rehabilitation counseling, pastoral counseling based on any tenet of one's religious beliefs, or school counseling.
(2) Have obtained from a regionally accredited college or university or a college or Page 12 of 15 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 191/EN university accredited by an agency recognized by the United States Department of Education:
(4) Nothing in KRS 309.080 to 309.089 shall apply to the activities and services of a student intern or trainee who is pursuing a program of studies in alcohol and drug counseling at an accredited institution of higher education, if these activities are performed under the supervision or direction of an approved supervisor and the activities are part of the supervised program of studies.
(a) A sixty (60) hour master's degree in a behavioral science with clinical application;
Section 7.
(b) A thirty (30) hour advanced placement master's degree in a behavioral science with clinical application;
KRS 309.0813 is amended to read as follows:
or (c) A doctoral degree in a behavioral science with clinical application;
The board shall:
(3) Meet all education and supervision requirements of the International Certification and Reciprocity Consortium for the Advanced Alcohol and Drug Counselor (AADC);
(1) Promulgate administrative regulations pursuant to KRS Chapter 13A for the administration and enforcement of KRS 309.080 to 309.089;
(4) Have completed at least one hundred eighty (180) classroom hours of alcohol and drug counselor specific board-approved curriculum;
(2) Promulgate administrative regulations pursuant to KRS Chapter 13A establishing a code of ethics, standards of practice, and continuing education for licensed clinical alcohol and drug counselors, licensed clinical alcohol and drug counselor associates, certified alcohol and drug counselors, certified alcohol and drug counselor assistants II, certified alcohol and drug counselor assistants I, and registered alcohol and drug peer support specialists;
(5)[(4)] Have passed a written examination as specified by the board in administrative regulation;
(3) Approve and disapprove, at least twice a year, those persons who shall be licensed, Page 6 of 9 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1860 certified, or registered under KRS 309.080 to 309.089;
(6)[(5)] Have signed an agreement to abide by the standards of practice and code of ethics approved by the board;
(4) Approve the examination required of applicants for licensure or certification as alcohol and drug counselors and applicants for registration as alcohol and drug peer support specialists, and promulgate administrative regulations pursuant to KRS Chapter 13A for the administration and grading of the examination;
(7)[(6)] Have completed at least six (6) hours of ethics training;
(5) Promulgate administrative regulations pursuant to KRS Chapter 13A to define the process to register with the board as a registered alcohol and drug peer support specialist, certified alcohol and drug counselor, licensed clinical alcohol and drug counselor associate, or licensed clinical alcohol and drug counselor;
three (3) hours of domestic violence training;
(6) Promulgate administrative regulations pursuant to KRS Chapter 13A establishing grounds and procedures for denying, suspending, failing to reissue, or revoking a license, certificate, or registration, and issuing reprimands and admonishments pursuant to KRS 309.080 to 309.089;
and two (2) hours training in the transmission, control, treatment, and prevention of the human immunodeficiency virus, in addition to the educational requirements in subsection (2) of this section;
(7) Hold a hearing pursuant to KRS Chapter 13B upon the request of an aggrieved licensee, licensee associate, certificate holder, or registrant, or an applicant for a license, certificate, or registration;
(8)[(7)] Have submitted two (2) letters of reference from certified alcohol and drug counselors or licensed clinical alcohol and drug counselors;
(8) Employ needed personnel and establish their duties and compensation;
(9)[(8)] Live or work at least a majority of the time in Kentucky;
(9) Maintain a register of licensed clinical alcohol and drug counselors, licensed clinical alcohol and drug counselor associates, certified alcohol and drug counselors, and registered alcohol and drug peer support specialists;
(10)[(9)] Have complied with the requirements for the training program in suicide assessment, treatment, and management in KRS 210.366 and any administrative regulations promulgated thereunder;
(10) Keep a complete record of the board's proceedings;
and (11)[(10)] Have completed two thousand (2,000) hours of board-approved experience Page 13 of 15 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 191/EN working with persons having a substance use disorder, three hundred (300) hours of which shall have been under the direct supervision of a licensed clinical alcohol and drug counselor.
(11) Investigate suspected or alleged violations of KRS 309.080 to 309.089 and the administrative regulations promulgated pursuant to KRS 309.080 to 309.089;
Section 10.
(12) Promulgate administrative regulations pursuant to KRS Chapter 13A establishing an initial licensure fee, certification fee, registration fee, and annual renewal fees not to exceed three hundred dollars ($300) each;
KRS 309.0833 is amended to read as follows:
(13) Take legal action as necessary to restrain or enjoin violations of KRS 309.080 to Page 7 of 9 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1860 309.089 and the administrative regulations promulgated pursuant to KRS 309.080 to 309.089;
(1) An applicant for licensure as a licensed clinical alcohol and drug counselor associate shall:
(14) Submit an annual report to the Governor and the Legislative Research Commission by January 1 of each year, which lists all hearings conducted by the board and the decisions rendered;
(a) Pay the board the initial fee for licensure;
and (15) Collect and deposit all fees, fines, and other moneys owed to the board into the State Treasury to the credit of the revolving fund established in KRS 309.082.
(b) Complete the requirements under KRS 309.0832(1) to (9);
Section 8.
and (c) Obtain a board-approved supervisor of record.
(2) Upon completion of the hours of board-approved experience specified in KRS 309.0832(11)[(10)], a licensed clinical alcohol and drug counselor associate may apply to the board for licensure as a licensed clinical alcohol and drug counselor.
Section 11.
(1) The board may permit an out-of-state licensed clinical alcohol and drug counselor, certified alcohol and drug counselor, certified alcohol and drug counselor assistant II, certified alcohol and drug counselor assistant I, or alcohol and drug peer support specialist to obtain a license, certificate, or registration by reciprocity if:
(1) The board may permit an out-of-state licensed clinical alcohol and drug counselor, certified alcohol and drug counselor, certified alcohol and drug counselor associate II, certified alcohol and drug counselor associate I, or alcohol and drug peer support specialist to obtain a license, certificate, or registration by reciprocity if:
and (c) The out-of-state licensee, certificate holder, or registrant seeking licensure, certification, or registration states that he or she has studied, is familiar with, and shall abide by KRS 309.080 to 309.089 and the administrative regulations promulgated thereunder.
and (c) The out-of-state licensee, certificate holder, or registrant seeking licensure, certification, or registration states that he or she has studied, is familiar with, Page 14 of 15 XXXX Engrossed UNOFFICIAL COPY 20 RS SB 191/EN and shall abide by KRS 309.080 to 309.089 and the administrative regulations promulgated thereunder.
(2) If the requirements for licensure, certification, or registration under KRS 309.080 to 309.089 are more restrictive than the standards of the other jurisdiction, then the out-of-state licensee, certificate holder, or registrant shall comply with the Page 8 of 9 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1860 additional requirements in KRS 309.080 to 309.089 to obtain a reciprocal license, certificate, or registration.
(2) If the requirements for licensure, certification, or registration under KRS 309.080 to 309.089 are more restrictive than the standards of the other jurisdiction, then the out-of-state licensee, certificate holder, or registrant shall comply with the additional requirements in KRS 309.080 to 309.089 to obtain a reciprocal license, certificate, or registration.
Page 9 of 9 XXXX Jacketed
Section 12.
Sections 2 to 11 of this Act shall take effect on March 1, 2021.
Page 15 of 15 XXXX Engrossed
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Action History

  1. signed by Governor (Acts Ch. 99)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. bill passed 33-0

  6. Free Conference Committee report adopted in Senate

  7. posted for passage for consideration of Free Conference Committee Report

  8. to Rules (S)

  9. received in Senate

  10. bill passed 86-4

  11. Free Conference Committee report adopted in House

  12. posted for passage for consideration of Free Conference Committee Report

  13. Free Conference Committee report filed in House and Senate

  14. Free Conference Committee appointed in House and Senate

  15. Conference Committee report adopted in House and Senate

  16. Conference Committee report filed in House and Senate

  17. Conference Committee appointed in Senate

  18. Conference Committee appointed in House

  19. House refused to recede from Committee Substitute (1) and committee amendment (1-title)

  20. posted for passage for receding from House Committee Substitute (1) and committee amendment (1-title)

  21. to Rules (H)

  22. received in House

  23. Conference Committee appointed in Senate

  24. Senate refused to concur in House Committee Substitute (1) and committee amendment (1-title)

  25. passed over and retained in the Orders of the Day

  26. posted for passage for concurrence in House Committee Substitute (1) and committee amendment (1-title)

  27. received in Senate

  28. 3rd reading, passed 81-0 with Committee Substitute (1) and committee amendment (1-title)

  29. posted for passage in the Regular Orders of the Day for Thursday, March 19, 2020

  30. reported favorably, to Rules with Committee Substitute (1) and committee amendment (1-title)

  31. posting waived

  32. returned to Licensing, Occupations, & Admin Regs (H)

  33. 2nd reading

  34. taken from Licensing, Occupations, & Admin Regs (H)

  35. posting waived

  36. returned to Licensing, Occupations, & Admin Regs (H)

  37. 1st reading

  38. taken from Licensing, Occupations, & Admin Regs (H)

  39. to Licensing, Occupations, & Admin Regs (H)

  40. received in House

  41. 3rd reading, passed 33-2 with Committee Substitute (1)

  42. posted for passage in the Consent Orders of the Day for Tuesday, March 10, 2020

  43. 2nd reading, to Rules

  44. reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1)

  45. to Health & Welfare (S)

  46. introduced in Senate

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 0 co-sponsors · 138 not signed on · 3 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage

Passed 86 Yea · 4 Nay · 11 Other
Party YeaNayPresentNot Voting
Republican 30100
Unaffiliated 512010
Democrat 5101
Total 864011
% of votes cast 85%4%0%11%
How each member voted (101)
Member Party Vote
Fischer — Yea
Howard — Yea
Meyer — Yea
Santoro — Yea
Bechler — Yea
Frazier — Yea
Schamore — Yea
Bentley — Yea
Huff T — Yea
Sheldon — Yea
Jenkins — Yea
Minter — Yea
Sims — Yea
Booker — Yea
Glenn — Yea
Nemes — Yea
Stone — Yea
Goforth — Yea
Koenig — Yea
Branham Clark — Yea
Graham — Yea
Lee — Yea
Pratt — Yea
Thomas — Yea
Brenda — Yea
Graviss — Yea
Lewis D — Yea
Prunty — Yea
Lewis S — Yea
Raymond — Yea
Brown G — Yea
Harris — Yea
Massey — Yea
Webber — Yea
Burch — Yea
Westrom — Yea
Cantrell — Yea
Hatton — Yea
McCoy — Yea
Wheatley — Yea
Heath — Yea
Rothenburger — Yea
DuPlessis — Yea
Meeks — Yea
Rowland — Yea
Wiederstein — Yea
Hinkle — Yea
Meredith — Yea
Yates — Yea
Donohue — Nay
Scott — Nay
Carney — Not Voting
Hoover — Not Voting
Rand — Not Voting
Stewart — Not Voting
Flood — Not Voting
Palumbo — Not Voting
Sorolis — Not Voting
Turner — Not Voting
COMMONWEALTH OF KENTUCKY SENATE — Not Voting
Huff R — Yea
Miller C — Not Voting
Miller J — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Lisa Willner Democrat Nay
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
Daniel Elliott Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Greg Elkins Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Nay
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea

Official roll call →

PASS SB 191 w/ fccr FINAL PASSAGE

Passed 33 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 19004
Republican 14000
Democrat 0001
Total 33005
% of votes cast 87%0%0%13%
How each member voted (38)
Member Party Vote
Turner — Yea
Alvarado — Yea
Parrett — Yea
Thomas — Yea
Buford — Yea
Hornback — Yea
Humphries — Yea
Robinson — Yea
Carroll D — Yea
Schickel — Yea
Castlen — Yea
McGarvey — Yea
Schroder — Yea
Westerfield — Yea
Embry — Yea
Meredith — Yea
Nemes — Yea
Thayer — Yea
Harris — Yea
Kerr — Not Voting
Clark — Not Voting
Harper Angel — Not Voting
Miller J — Not Voting
Gerald A. Neal Democrat Not Voting
Brandon Smith Republican Yea
Christian McDaniel Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 81 Yea · 0 Nay · 20 Other
Party YeaNayPresentNot Voting
Unaffiliated 450018
Republican 30001
Democrat 6001
Total 810020
% of votes cast 80%0%0%20%
How each member voted (101)
Member Party Vote
Huff T — Yea
Scott — Yea
Bechler — Yea
Jenkins — Yea
Minter — Yea
Sheldon — Yea
Bentley — Yea
Sorolis — Yea
Glenn — Yea
Nemes — Yea
Goforth — Yea
Koenig — Yea
Stone — Yea
Branham Clark — Yea
Graham — Yea
Lee — Yea
Pratt — Yea
Graviss — Yea
Lewis D — Yea
Prunty — Yea
Thomas — Yea
Brenda — Yea
Lewis S — Yea
Harris — Yea
Brown G — Yea
Webber — Yea
Cantrell — Yea
Hatton — Yea
McCoy — Yea
Rothenburger — Yea
Wheatley — Yea
Heath — Yea
Rowland — Yea
DuPlessis — Yea
Meredith — Yea
Wiederstein — Yea
Hinkle — Yea
Meyer — Yea
Santoro — Yea
Fischer — Yea
Schamore — Yea
Yates — Yea
Frazier — Yea
Booker — Not Voting
Palumbo — Not Voting
Stewart — Not Voting
Burch — Not Voting
Flood — Not Voting
Massey — Not Voting
Rand — Not Voting
Turner — Not Voting
Carney — Not Voting
Hoover — Not Voting
Meeks — Not Voting
Raymond — Not Voting
Westrom — Not Voting
Donohue — Not Voting
Howard — Not Voting
Sims — Not Voting
Commonwealth of Kentucky — Not Voting
Huff R — Yea
Miller C — Not Voting
Miller J — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
Daniel Elliott Republican Not Voting
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Greg Elkins Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea

Official roll call →

PASS SB 191

Passed 34 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 21002
Republican 12101
Democrat 1000
Total 34103
% of votes cast 89%3%0%8%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Nemes — Yea
Thomas — Yea
Buford — Yea
Harris — Yea
Parrett — Yea
Turner — Yea
Hornback — Yea
Carroll D — Yea
Humphries — Yea
Robinson — Yea
Castlen — Yea
Schickel — Yea
Westerfield — Yea
Clark — Yea
McGarvey — Yea
Schroder — Yea
Embry — Yea
Meredith — Yea
Thayer — Yea
Kerr — Not Voting
Harper Angel — Yea
Miller J — Not Voting
Gerald A. Neal Democrat Yea
Brandon Smith Republican Not Voting
Christian McDaniel Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jimmy Higdon Republican Nay
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

PASS SB 191 w/ SCS1

Passed 33 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 20102
Democrat 1000
Republican 12101
Total 33203
% of votes cast 87%5%0%8%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Thomas — Yea
Buford — Yea
Harris — Yea
Nemes — Yea
Turner — Yea
Hornback — Yea
Parrett — Yea
Carroll D — Yea
Humphries — Yea
Castlen — Yea
Robinson — Yea
Westerfield — Yea
Clark — Yea
McGarvey — Yea
Schickel — Yea
Embry — Yea
Meredith — Yea
Thayer — Yea
Schroder — Nay
Kerr — Not Voting
Harper Angel — Yea
Miller J — Not Voting
Gerald A. Neal Democrat Yea
Brandon Smith Republican Not Voting
Christian McDaniel Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jimmy Higdon Republican Nay
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

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