201 Ky. Admin. Regs. 23:160

Current through Register Vol. 51, No. 5, November 1, 2024

Section 201 KAR 23:160 - Temporary permission to practice

RELATES TO: KRS 335.080, 335.090, 335.100

NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.070(1) requires the board to evaluate and approve the qualifications of applicants for licensure. KRS 335.070(3) authorizes the board to promulgate administrative regulations. KRS 335.070(9) authorizes the board to establish requirements for temporary permits to practice social work. This administrative regulation establishes the requirements for the granting of temporary permission to engage in the practice of social work.

Section 1. Temporary Permits without the Examination.

(1) If requested, a temporary permit to engage in the practice of social work shall be granted to an applicant who has applied for licensure under the provisions of KRS 335.080 or 335.090 and completed all of the requirements for licensure except having passed the required examination.

(2) The application required by subsection (1) of this section shall be made to the board or to the online application management system and shall:

(a) Include a certification by the applicant that:

1. The information in the application is true, correct, and complete to the best of their knowledge and belief; and

2. The applicant is aware that the board may take disciplinary action if the application contains a misrepresentation or falsification; and

(b) Be accompanied by payment of the application fee that shall:

1. Be made payable to the Kentucky State Treasurer if the application is processed through the board; or

2. Be made to the online application management system as directed by the board.

(3) A person practicing social work under a temporary permit as a licensed social worker or a certified social worker shall be under the supervision of a certified social worker or licensed clinical social worker licensed in Kentucky, who becomes the supervisor of record.

(4) A supervisor of record for a temporary permit holder not practicing clinical social work shall have been licensed in Kentucky for two (2) years.

(5) Any changes to the terms of the temporary permit shall be submitted to the board and approved by the board before the temporary permit holder continues social work practice.

(6)

(a) Unless renewed, a temporary permit shall not extend for more than 180 days after the temporary permit is approved by the board.

(b) A person may re-apply for a temporary permit before the issued permit expires, and this permit shall not extend for more than 180 days after the temporary permit is approved by the board for a maximum of 360 days.

(7) Temporary permit holders shall not practice telehealth outside of Kentucky, which means that the location of the temporary permit holder and the client at the time of service shall be in Kentucky.

(8) The applicant shall pay the required fee for the permit and any renewal fees as established by 201 KAR 23:020.

(9) Receipt of applications, contracts, and notification of approvals may be done by mail or electronically.

Section 2. Temporary Permits to Practice Clinical Social Work without the Examination.

(1) In addition to the requirements established in Section 1(1), (2), (6), and (7) through (9) of this administrative regulation, a certified social worker who seeks to practice clinical social work under a temporary permit shall be under the supervision of a licensed clinical social worker who qualifies to provide supervision under 201 KAR 23:070.

(2) A person practicing under a temporary permit as a certified social worker to provide clinical social work shall not accumulate hours toward the supervision requirements of KRS 335.100(1)(b).

(3) The application for a temporary permit to practice clinical social work shall include a contract or letter signed by the proposed supervisor acknowledging the responsibility for supervision and for the practice of the person holding the temporary permit.

(4) A licensee shall not serve as the supervisor for more than two (2) persons holding a temporary permit at any one (1) time.

(5) A licensed clinical social worker who qualifies to provide supervision under 201 KAR 23:070 shall include temporary permit persons in the required limit of six (6) supervisees as supervisor of record.

(6) Supervision during the period of temporary permission to practice shall be a minimum of one (1) hour of individual supervision per week and in compliance with 201 KAR 23:070.

(7) A person practicing under a temporary permit as a certified social worker to provide clinical social work shall be valid until the applicant for the Certified Social Work license is denied under the provisions of KRS 335.080, or the temporary permit expires.

(8) The temporary permit to practice clinical social work shall only be issued with an approved contract as required in KRS 335.080(3).

(a) The temporary permit applicant shall complete the temporary permit application that includes a contract with an approved supervisor.

(b) The temporary permit remains in effect until a new contract is approved after the Certified Social Work license is issued under KRS 335.080, even when the maximum of 360 days of the permit is exceeded.

(c) A new application for a temporary permit shall be submitted to the board immediately for approval if the supervisee changes his or her:

1. Supervisor of record; or

2. Place of employment.

(9) A temporary permit holder shall cease and desist the practice of clinical social work if:

(a) The supervisor of record terminates supervision; or

(b) The temporary permit holder ceases employment listed on the application.

(10) Any changes to the terms of the temporary permit to practice clinical social work shall be submitted to the board and approved by the board before the temporary permit holder continues social work practice.

(11) Temporary permit holders who violate the provisions of this section shall be subject to disciplinary action by the board.

(12) A temporary permit holder and his or her supervisor shall comply with the supervision requirements of 201 KAR 23:070.

Section 3. Temporary Permits for Out-of-state Independent Clinical License Holders. If requested, a temporary permit may be issued for clinical social work practice in Kentucky.

(1) A temporary permit to provide clinical social work in Kentucky may be granted for not more than ninety (90) consecutive days in one (1) calendar year from the date the application is approved.

(2) A temporary permit holder under this section shall be subject to the complaint procedures of the Kentucky Board of Social Work. Complaints shall be reportable to the license board of the jurisdiction where the temporary permit holder or applicant is licensed.

(3) The temporary permit applicant shall not be a resident of Kentucky.

(4) The temporary permit holder shall inform clients of the limited nature of his or her services and that he or she is not currently licensed in Kentucky.

(5) The temporary permit holder or applicant shall have no complaints filed against their license in their current jurisdiction or in the National Practitioner Database or the Public Protection Database.

(6) A temporary permit holder or applicant may be required to submit billing records or other records to demonstrate compliance with the requirements of this section.

(7) The temporary permit holder applicant shall pay the required fee for the permit.

(8) The temporary permit holder shall maintain licensure in the other jurisdiction during the time period of the temporary license.

(9) The temporary permit holder shall inform clients of how to make a complaint to the board for improper practice.

(10) The temporary permit holder shall be allowed to practice telehealth in Kentucky if the permit holder:

(a) Provides evidence to the board of appropriate training for telehealth practice;

(b) Is complying with all telehealth laws and regulations of Kentucky; and

(c) Has written consent for telehealth with clients.

Section 4. Temporary Permits for Out-of-state Independent Non-Clinical License Holders. If requested, a temporary permit may be issued for social work practice in Kentucky for not more than ninety (90) consecutive days during any one (1) calendar year from the date of application approval.

(1) A temporary permit for an out-of-state social worker may be granted to a person who is currently licensed, certified, or regulated pursuant to another jurisdiction or pursuant to the laws of a federally recognized tribe and who provides social work services within the person's scope of practice.

(3) The temporary permit applicant shall seek permission to practice social work within the state of Kentucky.

(4) The temporary permit applicant shall not be a resident of Kentucky.

(5) The temporary permit applicant shall pay the required fee.

(6) The temporary permit applicant shall complete the required application and be approved.

(7) The temporary permit holder shall cease practicing when the permit expires.

(8) The temporary permit holder shall have no disciplinary actions against their license in their current jurisdiction.

(9) The temporary permit holder shall provide evidence to the board of appropriate training for social work telehealth practice.

(10) The temporary permit holder shall inform clients of the limited nature of his or her services and that he or she is only temporarily licensed in Kentucky.

(11) The temporary permit holder shall inform clients of how to make a complaint to the board for improper practice.

(12) A temporary permit holder shall not practice clinical social work.

(13) The temporary permit holder shall be allowed to practice telehealth in Kentucky if the permit holder:

(a) Provides evidence to the board of appropriate training for telehealth practice;

(b) Is complying with all telehealth laws and regulations of Kentucky; and

(c) Has written consent for telehealth with clients.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Temporary Non-Clinical Social Work Application", 6/15/2023;

(b) "Temporary Clinical Social Work Application", 12/27/23;

(c) "Temporary Non-Resident Social Work Application", 12/27/23;

(d) "Temporary Social Work Non-Clinical and Non-Resident Application", 12/27/23; and

(e) "Application for Temporary License Renewal", 7/19/2023.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Social Work, 125 Holmes Street, Suite 310, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., or from its Web site at https://telehealth.ky.gov.

201 KAR 23:160

50 Ky.R. 326; eff. 6/28/2023 (EMERGENCY); 50 Ky.R. 524, 1487; eff. 2/20/2024.

STATUTORY AUTHORITY: KRS 335.070(1), (3), (9)