KY Psych Juris cheat sheet
KY Psych Juris · Keep the key ideas within reach.
Kentucky Psychology Licensure Statute (KRS 319) and Administrative Regulations (201 KAR 26)
KRS 319 creates the Kentucky Board of Examiners of Psychology and authorizes it to license psychologists and certify psychology technicians; 201 KAR 26 contains the Board's implementing regulations.
KRS 319.010 defines "practice of psychology" as rendering professional services involving the application of established principles of learning, motivation, perception, thinking, and emotional relations to groups and individuals.
The statutory definition of practice includes testing, measurement, evaluation, counseling, guidance, and psychotherapy, and expressly excludes the teaching of psychology and research unrelated to clinical services.
201 KAR 26:070 governs licensure requirements: doctoral degree in psychology from a regionally accredited program, supervised experience, and passage of the Examination for Professional Practice in Psychology (EPPP).
201 KAR 26:060 sets the supervised experience requirement: a minimum of 1,500 hours of post-doctoral supervised experience completed in no less than one year, with at least one hour of face-to-face supervision per week.
Licenses expire annually and must be renewed by the Board's deadline; 201 KAR 26:135 requires continuing education of 20 hours per year, including at least 3 hours in ethics and 3 hours in domestic violence.
201 KAR 26:050 requires that the doctoral program be regionally accredited and that the internship be at least 1,500 hours or half-time over one year, consistent with the Board's education standards.
201 KAR 26:090 permits licensure by reciprocity for psychologists already licensed in another jurisdiction with equivalent standards, upon Board review of credentials.
KRS 319.082 authorizes the Board to refuse, revoke, suspend, or limit a license for gross negligence, incompetence, misconduct, or violation of the ethical standards of the profession.
Scope of Practice, Titles, and Licensure Requirements
Only individuals licensed by the Kentucky Board of Examiners of Psychology may use the title "psychologist" or represent themselves as practicing psychology in Kentucky.
KRS 319.020 exempts certain persons from licensure, including teachers and researchers in accredited academic institutions, and clergy and other professionals whose services are not explicitly psychological.
A psychology technician (also called psychological associate) may practice only under supervision; 201 KAR 26:080 requires a master's degree plus supervised experience for certification.
The term "psychological assistant" or "psychometrist" may not be used to imply independent practice; use of any title suggesting independent psychological practice without a license violates KRS 319.
Testing and assessment are within the scope of psychology; only licensed psychologists may interpret and integrate test results to diagnose or treat mental disorders.
Consultation, program development, and organizational assessment are within scope when they involve the application of psychological principles and research.
A licensed psychologist may practice in Kentucky if licensed in another state only after obtaining Kentucky licensure or a temporary permit under 201 KAR 26:090.
KRS 319.040 establishes the Board's power to issue licenses and set fees; fees are set by regulation and published in 201 KAR 26:030.
Unlicensed practice of psychology is a violation subject to injunctive relief and civil penalties under KRS 319.082 and 319.990.
Supervision, Delegation, and Unlicensed Practice
A supervisor must be a licensed psychologist in Kentucky who assumes professional responsibility for the supervisee's work and ensures the welfare of the client.
201 KAR 26:060 requires at least one hour per week of individual face-to-face supervision during the supervised experience year, documented in writing.
Delegation of psychological services is permitted only to psychology technicians or trainees under direct supervision; the supervisor must review and co-sign reports and treatment plans.
Supervision must include direct observation or review of recorded sessions and periodic evaluation of the supervisee's competence, ethics, and professional development.
The supervisor must ensure that the client is informed of the supervisee's status and the supervisor's identity and contact information before services begin.
A supervisor may not supervise more than the number of supervisees that allows adequate oversight; the Board may review supervision arrangements in disciplinary matters.
Unlicensed practice includes using the title "psychologist," performing independent assessment, or providing psychotherapy without a license or supervision arrangement.
A psychology technician may not independently diagnose, formulate treatment plans, or provide psychotherapy without the supervisor's direct involvement and approval.
Supervisors must maintain records of supervision hours and evaluations for at least five years and produce them to the Board upon request.
Informed Consent, Confidentiality, and Privileged Communication
Informed consent must be obtained at the outset of services and documented in writing, including the nature of services, fees, confidentiality limits, and the right to withdraw.
Kentucky recognizes psychologist-client privilege under KRS 421.215, which protects confidential communications made to a licensed psychologist in the course of professional services.
Privilege belongs to the client and may be waived by the client or the client's legal guardian; the psychologist may not waive it on the client's behalf.
Mandatory exceptions to confidentiality include suspected child abuse or neglect (KRS 620.030), suspected adult abuse (KRS 209.030), and court order.
KRS 620.030 requires any person, including a psychologist, who knows or has reasonable cause to believe a child is abused or neglected to report immediately to the Cabinet for Health and Family Services.
The duty to protect (Tarasoff-type duty) in Kentucky is recognized through case law and professional standards; psychologists must take reasonable steps to protect identifiable third parties from serious threats.
Confidentiality may be breached to the minimum extent necessary when the client presents a serious and imminent threat to self or others, and the psychologist should document the rationale.
Minors' confidentiality is limited by parental rights; psychologists should clarify with parents and minors at the outset what information will be shared and under what circumstances.
Records and communications may be disclosed with a valid written release that specifies the information, recipient, purpose, and expiration date of the authorization.
Mandatory Reporting and Duty to Protect
KRS 620.030 mandates immediate reporting of suspected child abuse, neglect, or dependency to the Cabinet for Health and Family Services or local law enforcement.
KRS 209.030 mandates reporting of suspected abuse, neglect, or exploitation of an adult who is unable to protect himself or herself.
Reports must be made by telephone or in person immediately and followed by a written report within 48 hours if requested by the receiving agency.
A psychologist who makes a good-faith report is immune from civil and criminal liability under KRS 620.030(5).
Failure to report suspected child abuse is a Class B misdemeanor for the first offense under KRS 620.990.
The duty to protect third parties arises when a client communicates a serious threat of physical violence against an identifiable victim; the psychologist must take reasonable steps such as warning the victim, notifying law enforcement, or arranging hospitalization.
Kentucky case law and APA Ethical Standard 4.05 support disclosure of confidential information to protect the client or others when the risk is serious and imminent.
The duty to protect is not triggered by vague or non-specific threats; documentation should reflect the assessment of risk and the rationale for the chosen intervention.
Psychologists should consult with colleagues or legal counsel when the reporting duty or duty to protect is unclear, and document the consultation.
Record Keeping, Fees, and Advertising
201 KAR 26:145 requires psychologists to maintain complete clinical records for at least seven years after the last date of service, or until the client reaches age 21, whichever is longer.
Records must include identifying information, dates of service, presenting problem, assessment, treatment plan, progress notes, informed consent, and termination summary.
Records must be stored securely and protected from unauthorized access; electronic records require password protection and encryption.
Fees must be disclosed to clients in writing before services begin, including the fee schedule, billing practices, and consequences of nonpayment.
Bartering is discouraged and permitted only when it is not exploitative and the value is clearly established in advance.
Advertising must be accurate and not misleading; psychologists may not use testimonials that imply guaranteed results or make false claims about competence.
Use of professional titles in advertising must accurately reflect licensure status; unlicensed persons may not advertise as psychologists.
Psychologists may not solicit clients who are already in treatment with another psychologist, except in emergencies or with the client's consent.
Records may be transferred to another provider only with the client's written authorization, and the client must be informed of the transfer.
Boundaries, Multiple Relationships, and Professional Conduct
Sexual intimacies with current clients are prohibited and constitute grounds for license revocation under KRS 319.082 and APA Standard 10.08.
Sexual intimacies with former clients are prohibited for at least two years after termination, and thereafter only in the most unusual circumstances with full disclosure and documentation.
Multiple relationships are discouraged when they could impair objectivity or risk exploitation; psychologists must take reasonable steps to resolve them in the client's best interest.
Psychologists may not provide services to persons with whom they have a close personal relationship, such as family members or close friends, except in emergencies.
Gifts and bartering are permitted only when not exploitative and when the value and expectations are documented in advance.
Psychologists must avoid accepting clients when personal problems or conflicts of interest could impair their professional judgment.
Physical contact with clients is permitted only when it is clinically appropriate and documented; any contact that could be construed as sexual or exploitative is prohibited.
Psychologists must report ethical violations of colleagues to the Board when the violation raises serious doubt about the colleague's competence or poses harm to clients.
Termination of services requires advance notice, referral options, and documentation to avoid abandonment.
Competence, Assessment, and Test Security
Psychologists must practice only within the boundaries of their competence based on education, training, supervised experience, and consultation.
When providing services to diverse populations, psychologists must obtain the competence necessary through training, consultation, or referral.
Test selection must be based on the purpose of the assessment, the reliability and validity of the instrument, and the characteristics of the examinee.
Psychologists must use tests with established norms for the population being assessed and must consider cultural and linguistic factors that affect validity.
Test security requires that psychologists not reproduce or release copyrighted test materials; test data may be released to qualified professionals only with client consent.
Informed consent for assessment must include the purpose, nature, fees, and limits of confidentiality of the assessment process.
Test results must be interpreted in the context of the examinee's history, culture, language, and other relevant factors, not in isolation.
Psychologists must not use outdated tests or tests with inadequate validity for the intended purpose, and must document the rationale for test selection.
Feedback of assessment results must be provided to the client in understandable language, with interpretation and recommendations.
Kentucky Board of Examiners of Psychology: Structure, Complaints, and Disciplinary Process
The Board consists of seven members appointed by the Governor: five licensed psychologists, one citizen member, and one psychology technician, serving four-year terms.
The Board has the authority to issue, renew, suspend, revoke, and refuse licenses, and to impose fines and probation under KRS 319.082.
Complaints may be filed by any person, including clients, colleagues, or the Board itself, and are investigated by the Board's staff or an appointed investigator.
The Board must provide notice and an opportunity for a hearing before imposing disciplinary action; hearings are conducted under KRS Chapter 13B and the Board's procedural regulations.
Disciplinary actions include reprimand, probation, suspension, revocation, and required remedial education or supervision.
The Board may issue emergency orders suspending a license when there is an imminent danger to the public.
A licensee may appeal a final order to the circuit court under KRS 13B.140 within 30 days of the order.
The Board publishes disciplinary actions and maintains a public register of licensees and their status.
Continuing education audits may be conducted by the Board, and failure to comply with CE requirements may result in license suspension or nonrenewal.