Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:160 - Chemical dependency treatment services and facility specifications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				2.015,
				198B.260,
				202A.241,
				205.559(1),
				210.005,
				216B.010,
				216B.015,
				216B.105,
				216B.990,
				218A.202,
				222.005,
				309.080,
				309.0831,
				309.130,
				310.021,
				311.560,
				311.571,
				311.840
				- 311.862, 314.011(8), 314.042, 319.050, 319.056, 319.064, 319C.010,
				320.210(2), 335.080, 335.100, 335.300, 335.500, 42 C.F.R. Part 2, 45 C.F.R.
				160, 164,
				20 U.S.C.
				1400,
				29 U.S.C.
				701,
				42
				U.S.C. 290ee-3,
				1320d-2 -
				1320d-8
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042 and
				216B.105
				require the Cabinet for Health and Family Services to regulate health
				facilities and health services. This administrative regulation establishes
				licensure requirements for the operation, services, and facility specifications
				of chemical dependency treatment programs, including programs that elect to
				provide outpatient behavioral health services for individuals with a substance
				use disorder or co-occurring disorder in which substance use disorder is the
				primary diagnosis.
Section 1.
			 Definitions.
(1) "Aftercare" means the process
			 of providing continued services following primary chemical dependency treatment
			 to support and increase gains made during treatment.
(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 as defined by
			 KRS
			 311.840(3);
(h) A licensed marriage and family therapist
			 as defined by
			 KRS
			 335.300(2);
(i) A licensed professional clinical
			 counselor as defined by
			 KRS
			 335.500(3); or
(j) A licensed professional art therapist as
			 defined by
			 KRS
			 309.130(2).
(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 therapy 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); or
(f) Licensed professional art therapist
			 associate as defined by
			 KRS
			 309.130(3).
(4) "Certified alcohol and drug counselor" is
			 defined by
			 KRS
			 309.080(2).
(5) "Governing authority" means the
			 individual, agency, partnership, or corporation that directs and establishes
			 policy concerning the management and operation of a chemical dependency
			 treatment program.
(6)
			 "Interdisciplinary team" means a group of at least four (4) professionals,
			 including a physician, registered nurse, certified chemical dependency
			 counselor, and a person with a master's degree in psychology, social work, or
			 counseling.
(7) "Licensed clinical
			 alcohol and drug counselor" is defined by
			 KRS
			 309.080(4).
(8) "Licensed clinical alcohol and drug
			 counselor associate" is defined by
			 KRS
			 309.080(5).
(9) "Peer support specialist" means a
			 paraprofessional who:
(a) Is a registered
			 alcohol and drug peer support specialist in accordance with
			 KRS
			 309.0831; or
(b)
1.
			 Meets the application, training, examination, and supervision requirements of
			 908 KAR
			 2:220,
			 908 KAR
			 2:230, or
			 908 KAR
			 2:240; and
2. Works under the supervision of one (1) of
			 the following:
a. Physician;
b. Psychiatrist;
c. Licensed psychologist;
d. Licensed psychological
			 practitioner;
e. Licensed
			 psychological associate;
f.
			 Licensed clinical social worker;
g.
			 Licensed marriage and family therapist;
h. Licensed professional clinical counselor;
i. Certified social worker;
j. Licensed marriage and family therapy
			 associate;
k. Licensed professional
			 counselor associate;
l. Licensed
			 professional art therapist;
m.
			 Licensed professional art therapist associate;
n. Advanced practice registered nurse;
o. Physician assistant;
p. Certified alcohol and drug counselor; or
q. Licensed clinical alcohol and
			 drug counselor.
(10) "Restraint" means a physical or
			 mechanical device used to restrict the movement of the patient or a portion of
			 the patient's body.
(11) "Substance
			 use disorder" is defined by
			 KRS
			 222.005(12).
(12) "Targeted case manager" means an
			 individual who meets the requirements for a targeted case manager established
			 by
			 908 KAR
			 2:260.