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AN ACT relating to behavioral health services and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 222.233 is amended to read as follows: 3
The Cabinet for Health and Family Services shall promulgate administrative regulations 4
in accordance with KRS Chapter 13A to: 5
(1) Require that: 6
(a) Until January 1, 2027, licensed alcohol and other drug treatment entities, 7
behavioral health service organiz ations, behavioral health multi -specialty 8
groups, and any entities that bill for peer support services that employ an 9
alcohol and drug peer support specialist, only employ an alcohol and drug 10
peer support specialist who is either registered under KRS 309.0 831 or 11
meets the requirements of applicable administrative regulations in effect on 12
or after July 15, 2024; and [Until January 1, 2026, require that licensed 13
alcohol and other drug treatment entities and behavioral health service 14
organizations only employ a temporary alcohol and drug peer support 15
specialist or alcohol and drug peer support specialist who is registered under 16
KRS Chapter 309 or a temporary alcohol and drug peer support specialist or 17
alcohol and drug peer support specialist who meets the requir ements of 18
applicable administrative regulations in effect on July 15, 2024, or any 19
applicable administrative regulations promulgated thereafter.] 20
(b) Beginning January 1, 2027[2026], [require that ] licensed alcohol and other 21
drug treatment entities ,[ and] behavioral health service organizations , 22
behavioral health multi -specialty groups, and any entities that bill for peer 23
support services that [ only] employ an[a temporary alcohol and drug peer 24
support specialist or] alcohol and drug peer support specialist only employ an 25
alcohol and drug peer support specialist who is registered under KRS 26
309.0831[Chapter 309]; 27
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(2) [Permit a registered temporary alcohol and drug peer support specialist to provide 1
the same services and be reimbursed at the same rates as a registered alcohol and 2
drug peer support specialist; 3
(3) Remove any limits on the maximum number of hours of direct client care that may 4
be provided by a registered alcohol and drug peer support specialist; 5
(4) ]Require that a [temporary certified alcohol and drug counselor under the clinical 6
supervision of a certified alcohol and drug counselor, a ] licensed alcohol and drug 7
counselor[,] or a licensed clinical alcohol or drug counselor be a reimbursab le 8
service provider in alcohol and other drug treatment entities and behavioral health 9
service organizations;[ 10
(5) Permit a licensed alcohol and drug counselor to provide the same services and be 11
reimbursed at the same rates as a licensed clinical alcohol and drug counselor in 12
licensed alcohol and other drug treatment entities and behavioral health service 13
organizations;] 14
(3)[(6)] Permit the qualifications for a case manager for an individual with mental or 15
substance use disorder to be a bachelor's degree or higher in any field of study and 16
set forth training and supervision requirements to substitute for required work 17
experience; 18
(4)[(7)] Require that a community support associate approved by the Department for 19
Behavioral Health, Developmental and Intellectual Disabilities to be a reimbursable 20
service provider in licensed alcohol and other drug treatment entities and behavioral 21
health service organizations; and 22
(5)[(8)] Permit peer support specialists to provide services to groups of the same size 23
as other licensed clinical professionals in a licensed alcohol and other drug 24
treatment entities and behavioral health service organizations; and 25
(6) Prohibit alcohol and drug peer support specialists employed by behavioral health 26
service organizations, behavioral health multi -specialty groups, or entities that 27
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bill for peer support services from providing psychoeducational services in 1
individual or group settings. 2
Section 2. KRS 309.0805 is amended to read as follows: 3
(1) No pers on shall use the title "certified clinical supervisor," "licensed alcohol and 4
drug counselor," "licensed clinical alcohol and drug counselor," "licensed clinical 5
alcohol and drug counselor associate," "certified alcohol and drug counselor," 6
"associate alcohol and drug counselor II," "associate alcohol and drug counselor I,"[ 7
"temporary alcohol and drug peer support specialist,"] or "registered alcohol and 8
drug peer support specialist," or hold himself or herself out as a "licensed clinical 9
alcohol and drug counselor," "licensed clinical alcohol and drug counselor 10
associate," "certified alcohol and drug counselor," [ "temporary alcohol and drug 11
peer support specialist,"] or "registered alcohol and drug peer support specialist" 12
unless he or she is licensed, cer tified, or registered pursuant to KRS 309.080 to 13
309.089. 14
(2) Nothing in KRS 309.080 to 309.089 shall apply to persons licensed, certified, or 15
registered under any other provision of the Kentucky Revised Statutes, including 16
but not limited to physicians, s ocial workers, psychologists, marriage and family 17
therapists, art therapists, nurses, or students in accredited training programs in those 18
professions, and nothing in KRS 309.080 to 309.089 shall be construed to limit, 19
interfere with, or restrict the pract ice, descriptions of services, or manner in which 20
they hold themselves out to the public. 21
(3) Nothing in KRS 309.080 to 309.089 shall be construed to alter, amend, or interfere 22
with the practice of those who render counseling services, including but not li mited 23
to employment counseling, job placement counseling, vocational rehabilitation 24
counseling, pastoral counseling based on any tenet of one's religious beliefs, or 25
school counseling. 26
(4) Nothing in KRS 309.080 to 309.089 shall apply to the activities and services of a 27
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student intern or trainee who is pursuing a program of studies in alcohol and drug 1
counseling at an accredited institution of higher education, if these activities are 2
performed under the supervision or direction of an approved supervisor an d the 3
activities are part of the supervised program of studies. 4
Section 3. KRS 309.0813 is amended to read as follows: 5
The board shall: 6
(1) Promulgate administrative regulations pursuant to KRS Chapter 13A for the 7
administration and enforcement of KRS 309.080 to 309.089; 8
(2) Promulgate administrative regulations pursuant to KRS Chapter 13A establishing a 9
code of ethics, standards of practice, and continuing education for certified clinical 10
supervisors, licensed alcohol an d drug counselors, licensed clinical alcohol and 11
drug counselors, licensed clinical alcohol and drug counselor associates, certified 12
alcohol and drug counselors, associate alcohol and drug counselors II, associate 13
alcohol and drug counselors I, [ temporary alcohol and drug peer support 14
specialists,] and registered alcohol and drug peer support specialists; 15
(3) Approve and disapprove, at least once every other month, those persons who shall 16
be licensed, certified, or registered under KRS 309.080 to 309.089; 17
(4) Approve the examination required of applicants for licensure or certification as 18
certified clinical supervisors, or as alcohol and drug counselors and applicants for 19
registration as alcohol and drug peer support specialists, and promulgate 20
administrative regulations pursuant to KRS Chapter 13A for the administration and 21
grading of the examination; 22
(5) Promulgate administrative regulations pursuant to KRS Chapter 13A to define the 23
process to register with the board as a certified clinical supervisor, licensed alcohol 24
and drug counselor, registered alcohol and drug peer support specialist, certified 25
alcohol and drug counselor, licensed clini cal alcohol and drug counselor associate, 26
or licensed clinical alcohol and drug counselor; 27
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(6) Promulgate administrative regulations pursuant to KRS Chapter 13A establishing 1
grounds and procedures for denying, suspending, failing to reissue, or revoking a 2
license, certificate, or registration, and issuing reprimands and admonishments 3
pursuant to KRS 309.080 to 309.089; 4
(7) Hold a hearing pursuant to KRS Chapter 13B upon the request of an aggrieved 5
licensee, licensee associate, certificate holder, or registr ant, or an applicant for a 6
license, certificate, or registration; 7
(8) Employ needed personnel and establish their duties and compensation; 8
(9) Maintain a register of certified clinical supervisors, licensed alcohol and drug 9
counselors, licensed clinical al cohol and drug counselors, licensed clinical alcohol 10
and drug counselor associates, certified alcohol and drug counselors, and registered 11
alcohol and drug peer support specialists; 12
(10) Keep a complete record of the board's proceedings; 13
(11) Investigate su spected or alleged violations of KRS 309.080 to 309.089 and the 14
administrative regulations promulgated pursuant to KRS 309.080 to 309.089; 15
(12) Promulgate administrative regulations pursuant to KRS Chapter 13A establishing 16
an initial licensure fee, certifi cation fee, registration fee, and annual renewal fees 17
not to exceed three hundred dollars ($300) each; 18
(13) Take legal action as necessary to restrain or enjoin viola tions of KRS 309.080 to 19
309.089 and the administrative regulations promulgated pursuant to KRS 309.080 20
to 309.089; 21
(14) Submit an annual report to the Governor and the Legislative Research Commission 22
by January 1 of each year, which lists all hearings cond ucted by the board and the 23
decisions rendered; and 24
(15) Collect and deposit all fees, fines, and other moneys owed to the board into the 25
State Treasury to the credit of the revolving fund established in KRS 309.082. 26
SECTION 4. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 27
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READ AS FOLLOWS: 1
Notwithstanding any provision of law to the contrary, the Kentucky Medicaid program, 2
including the Department for Medicaid Services and any managed care organization 3
with which the depa rtment contracts for the delivery of Medicaid services, shall not 4
provide coverage for individual or group psychoeducational services. 5
Section 5. The following KRS section is repealed: 6
309.0836 Requirements for registr ation as a temporary alcohol and drug peer support 7
specialist. 8
Section 6. (1) The Peer Support Professionals Work Group is hereby 9
established as an independent entity to develop statewide requirements for licensed pe er 10
support professionals and study the efficacy of establishing a board of peer support 11
professionals. 12
(2) The work group shall select a chair from among the members, meet as 13
necessary, and submit to the Legislative Research Commission for referral to the Interim 14
Joint Committee on Health Services by November 1, 2026, agreed -upon 15
recommendations on establishing a board of peer support professionals to develop 16
statewide requirements for licensed peer support professionals. 17
(3) The members of the work group shall not be paid or reimbursed for travel or 18
other expenses. The work group shall cease to exist after the recommendations are 19
submitted in accordance with subsection (2) of this section, unless the Interim Joint 20
Committee on Health Services directs the work group's continuance. 21
(4) The work group shall consist of members appointed: 22
(a) By the Department for Behavioral Health, Developmental and Intellectual 23
Disabilities, Cabinet for Health and Family Services, to include: 24
1. One peer support professional with experience in mental health recovery; 25
2. One peer support professional with experience in youth peer support recovery; 26
3. One peer support professional with experience in family or community peer 27
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support; 1
4. One peer support professional with experie nce in behavioral health peer 2
support; 3
5. Two multidisciplinary educators or trainers from an approved peer support 4
training program; 5
6. One recovery housing professional; and 6
7. One recovery community center professional; 7
(b) By the Department for Behavio ral Health, Developmental and Intellectual 8
Disabilities, Cabinet for Health and Family Services, from a list of names submitted by 9
the Kentucky Board of Alcohol and Drug Counselors, to include: 10
1. One registered peer support professional who specialized in substance use 11
disorder recovery; 12
2. One employer of peer support professionals with experience in residential or 13
clinical treatment; 14
3. One employer of peer support professionals with experience in recovery 15
community centers; 16
4. One clinical supervisor who oversees peer support programs; 17
5. One behavioral health supervisor who oversees peer support programs; and 18
6. One member of the public who is a recipient of peer support services; and 19
(c) By the Department for Behavioral Health, Developmental and Intell ectual 20
Disabilities, Cabinet for Health and Family Services, from a list of names submitted by 21
the Kentucky Division of Reentry Services, Department of Corrections, Justice and 22
Public Safety Cabinet, to include: 23
1. One certified peer support professional w ith experience in reentry from 24
incarceration; and 25
2. One representative from the Kentucky Division of Reentry Services. 26
Section 7. Whereas there is an urgent need to protect the public health and 27
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safety by establishing consistent standards and oversight for Kentucky's peer support 1
workforce, an emergency is declared to exist, and Sections 1, 2, 3, 5, and 6 of this Act 2
take effect upon their passage and approval by the Governor or upon their otherwise 3
becoming a law. 4