Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:430 - Facilities specifications, operation and services; behavioral health services organizations for mental health treatment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				17.500,
				198B.260,
				200.503(2),
				205.510,
				210.005(2),
				(3),
				216B.050,
				216B.105,
				309.130,
				311.860,
				314.042,
				319.050,
				319.056,
				319.064,
				319C.010,
				335.080,
				335.100,
				335.300,
				335.500,
				439.3401,
				45 C.F.R. Parts 160, 164,
				20 U.S.C.
				1400 et seq.,
				29 U.S.C.
				701 et seq.,
				42
				U.S.C. 1320d-2
				- 1320d-8
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations necessary for the
				proper administration of the licensure function, which includes establishing
				licensure standards and procedures to ensure safe, adequate, and efficient
				health facilities and health services. This administrative regulation
				establishes minimum licensure requirements for the operation of behavioral
				health services organizations (BHSO) that provide behavioral health services
				necessary to treat, support, and encourage individuals with a mental health
				disorder or co-occurring mental health and secondary substance use disorder
				(SUD) to achieve and maintain the highest possible level of health and
				self-sufficiency.
Section 1.
			 Definitions.
(1) "Adult peer support
			 specialist" means an individual who meets the requirements for an adult peer
			 support specialist established by
			 908 KAR
			 2:220.
(2)
			 "Behavioral health professional" means:
(a) A
			 psychiatrist licensed under the laws of Kentucky to practice medicine or
			 osteopathy, or a medical officer of the government of the United States while
			 engaged in the performance of official duties, who is certified or eligible to
			 apply for certification by the American Board of Psychiatry and Neurology, Inc.
			 or the American Osteopathic Board of Neurology and Psychiatry;
(b) A physician licensed in Kentucky to
			 practice medicine or osteopathy in accordance with
			 KRS
			 311.571;
(c) A psychologist licensed and practicing in
			 accordance with
			 KRS
			 319.050;
(d) A certified psychologist with autonomous
			 functioning or licensed psychological practitioner practicing in accordance
			 with
			 KRS
			 319.056;
(e) A clinical social worker licensed and
			 practicing in accordance with
			 KRS
			 335.100;
(f) An advanced practice registered nurse
			 licensed and practicing in accordance with
			 KRS
			 314.042;
(g) A physician assistant licensed under
			 KRS
			 311.840 to
			 311.862;
(h) A licensed marriage and family therapist
			 as defined by
			 KRS
			 335.300;
(i) A licensed professional clinical
			 counselor as defined by
			 KRS
			 335.500;
(j) A licensed professional art therapist as
			 defined by
			 KRS
			 309.130(2); or
(k) A licensed behavior analyst as defined by
			 KRS
			 319C.010(6).
(3) "Behavioral health professional under
			 clinical supervision" means a:
(a)
			 Psychologist certified and practicing in accordance with
			 KRS
			 319.056;
(b) Licensed psychological associate licensed
			 and practicing in accordance with
			 KRS
			 319.064;
(c) Marriage and family therapist associate
			 as defined by
			 KRS
			 335.300(3);
(d) Social worker certified and practicing in
			 accordance with
			 KRS
			 335.080;
(e) Licensed professional counselor associate
			 as defined by
			 KRS
			 335.500(4);
(f) Licensed professional art therapist
			 associate as defined by
			 KRS
			 309.130(3); or
(g) Registered behavior technician under the
			 supervision of a licensed behavior analyst.
(4) "Behavioral health services organization"
			 means an entity licensed under this administrative regulation to provide
			 behavioral health services as described in Section 5 of this administrative
			 regulation.
(5) "Cabinet" means the
			 Cabinet for Health and Family Services.
(6) "Child with a serious emotional
			 disability" is defined by
			 KRS
			 200.503(3).
(7) "Community support associate" means a
			 paraprofessional who meets the application, training, and supervision
			 requirements of
			 908
			 KAR 2:250.
(8) "Family peer support specialist" means an
			 individual who meets the requirements for a family peer support specialist
			 established by
			 908 KAR
			 2:230.
(9)
			 "Severe mental illness" means the conditions defined by
			 KRS 210.005(2) and
			 (3).
(10) "Targeted case manager" means an
			 individual who meets the requirements for a targeted case manager established
			 by
			 908 KAR
			 2:260.
(11) "Telehealth" is defined by
			 KRS
			 205.510(15).
(12) "Youth peer support specialist" means an
			 individual who meets the requirements for a youth peer support specialist
			 established by
			 908 KAR
			 2:240.