RELATES TO: KRS 200.650-200.676,
34 C.F.R.
303.31,
303.119,
303.121,
20 U.S.C.
1435(8), (9)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 200.660 requires the Cabinet for Health and
Family Services to administer all funds appropriated to implement provisions of
KRS 200.650
to
200.676,
to enter into contracts with service providers, and to promulgate
administrative regulations. This administrative regulation establishes the
provider qualifications for participation in First Steps, Kentucky's Early
Intervention Program.
Section 1.
Enrollment Process for Provider Participation.
(1) The program shall enroll providers to
carry out the early intervention services according to the provisions of
KRS 200.650
to
200.676.
(2) The program shall contract only with an
individual or agency who meets the qualifications established in Section 2 of
this administrative regulation.
(3)
The program shall reserve the right to contract or not contract with any
potential provider or agency.
(4)
Any provider or agency that wishes to participate as a provider in the First
Steps program shall submit an application packet to the cabinet.
(a) The application packet for the individual
provider shall include:
1. A copy of the
provider's professional license, registration, or certificate; and
2. The Individual Provider Application (RF
6A(I)).
(b) The
application packet for the agency shall include:
1. A copy of each provider's professional
license, registration, or certificate; and
2. The Agency Application (RF
6A(A)).
(c) All potential
providers shall:
1. Have a background check
performed by the Administrative Office of the Courts, the Division of
Protection and Permanency, and the Sex Offender Registry, with those agencies
submitting the results of each background check directly to the
cabinet;
2. Agree to provide
service within the individual's or agency's scope of practice and in accordance
with state and federal regulations and laws relating to First Steps;
and
3. Be enrolled as a
participating provider prior to being eligible to receive reimbursement in
accordance with federal and state laws.
(5) The application shall not be considered
complete and shall not be processed until all information and any subsequent
documentation requested by the program is provided.
(6) Upon receipt of an approved application
packet, the applicant shall be notified of their eligibility to complete
orientation training.
(7) After
successful completion of orientation training, the Service Provider Agreement
shall be executed and the provider shall be issued a contract number that shall
be used by the provider solely for identification purposes.
(8) A provider's participation shall begin
and end on the dates specified in the executed Service Provider
Agreement.
(9) If an agency is the
enrolled provider, the agency shall be responsible for ensuring that all staff
from that agency providing First Steps services meet the First Steps personnel
qualifications.
(10) Provider
enrollment shall be renewed every even-numbered year.
(a) An individual wishing to renew the
Service Provider Agreement shall submit:
1.
The Individual Provider Application (Renewal) (RF 6B);
2. A copy of their current licensure for
their discipline;
3. A signed
Service Provider Agreement;
4. A
notarized Required Affidavit for Bidders, Offerors, and Contractors;
5. A signed First Steps Provider Code of
Ethical Conduct;
6. A completed
First Steps Record of Provider Signature (RF-23);
7. A Service Catchment Area;
8. A copy of current professional liability
insurance;
9. Authorization for
Electronic Deposit of Vendor Payment (Form SAS63);
10. Request for Taxpayer Identification
Number and Certification (W-9); and
11. Documentation of completion of required
trainings as outlined in the expiring Service Provider Agreement.
(b) An agency wishing to renew the
Service Provider Agreement shall submit:
1.
The Agency Application (Renewal) (RF 6B(A));
2. A copy of the current licensure for all
service providers listed on the agency application;
3. A Service Provider Agreement signed by the
agency administrator;
4. A
notarized Multi-provider affidavit;
5. A signed First Steps Provider Code of
Ethical Conduct for all service providers listed on the agency
application;
6. A completed First
Steps Record of Provider Signature (RF-23) for all service providers listed on
the agency application;
7. A
Service Catchment Area for all service providers listed on the agency
application;
8. A copy of current
professional liability insurance for the agency;
9. Authorization for Electronic Deposit of
Vendor Payment (Form SAS63);
10.
Request for Taxpayer Identification Number and Certification (W-9);
and
11. Documentation of completion
of required trainings as outlined in the expiring Service Provider Agreement
for all agency staff listed on the service provider agreement.
(11) If a provider
agency is enrolling to provide group services, the agency shall submit:
(a) A copy of a valid child care licensure
that meets the requirements stated in
922 KAR 2:090; or
(b) Approval as a contractor for group
instruction through the Kentucky Department of Education.
Section 2. Personnel
Qualifications.
(1) Minimum qualifications for
professionals or disciplines providing services in First Steps shall be as
established in this subsection.
(a) An
audiologist shall have:
1. A master's degree;
and
2. A license from the Kentucky
Board of Speech-Language Pathology and Audiology.
(b) A licensed marriage and family therapist
shall have:
1. A master's degree;
and
2. A license from the Kentucky
Board of Licensure of Marriage and Family Therapists.
(c) A developmental interventionist shall
have:
1. A bachelor's degree; and
2. An interdisciplinary early childhood
education (IECE) certificate, a probationary or emergency IECE certificate, or
a valid statement of eligibility for IECE certification issued by the Kentucky
Educational Professional Standards Board, Division of Certification.
(d) A nurse shall have:
1. An associate degree or diploma from a
registered program; and
2. A
license from the Kentucky Board of Nursing.
(e) A dietitian shall have:
1. A bachelor's degree; and
2. A license from the Kentucky Board of
Licensure and Certification for Dietitians and Nutritionists.
(f) An occupational therapist
shall have:
1. A bachelor's degree;
and
2. A license from the Kentucky
Board of Licensure for Occupational Therapy.
(g) An orientation and mobility (O and M)
specialist shall have a bachelor's degree in Special Education with emphasis on
visual impairment and O and M, in accordance with the Division of Exceptional
Children Services, Kentucky Department of Education.
(h) A physician shall have:
1. A doctor of medicine degree or doctor of
osteopathy degree; and
2. A license
from the Kentucky Board of Medical Licensure.
(i) A physical therapist shall have:
1. A bachelor's degree; and
2. A license from the Kentucky Board of
Physical Therapy.
(j) A
licensed psychologist shall have:
1. A
doctoral degree; and
2. A license
from the Kentucky Board of Examiners of Psychology.
(k)
1. A
certified psychologist with autonomous functioning, a licensed psychological
practitioner, a certified psychologist or licensed psychological associate
shall have:
a. A master's degree; and
b. A license or a certificate from
the Kentucky Board of Examiners of Psychology.
2. A licensed psychological associate shall
be under the supervision of an actively enrolled First Steps
psychologist.
(l) A
social worker shall have:
1. A bachelor's
degree; and
2. A license from the
Kentucky Board of Social Work.
(m) A speech-language pathologist shall have:
1. A master's degree; and
2.
a. A
license from the Kentucky Board of Speech-Language Pathology and Audiology;
or
b. An interim license from the
Kentucky Board of Speech-Language Pathology and Audiolo-gy and be under the
supervision of a currently enrolled First Steps speech-language
pathologist.
(n) A teacher of children who are deaf and
hard of hearing shall have:
1. A bachelor's
degree; and
2. A certificate for
teaching the hearing impaired, or a certificate for teaching the hearing
impaired with sign language proficiency, grades P-12, issued by the Kentucky
Education Professional Standards Board, Division of Certification.
(o) A teacher of the visually
impaired shall have:
1. A bachelor's degree;
and
2. A certificate for teaching
the visually impaired, grades P-12, issued by the Kentucky Education
Professional Standards Board, Division of Certification.
(p) A licensed professional clinical
counselor shall have:
1. A master's degree;
and
2. A license from the Kentucky
Board of Licensed Professional Counselors.
(q) An optometrist shall have:
1. A degree from an accredited school or
college of optometry; and
2. A
license from the Kentucky Board of Optometric Examiners.
(r) An ophthalmologist shall have:
1. A doctor of medicine degree or doctor of
osteopathy degree;
2. A license
from the Kentucky Board of Medical Licensure; and
3. Certification from the American Board of
Ophthalmology.
(2) The minimum qualification for
paraprofessionals providing services in First Steps shall be as established in
this subsection.
(a) An occupational therapy
assistant shall have:
1. An associate's degree
in occupational therapy; and
2. A
license from the Kentucky Board of Licensure for Occupational
Therapy.
(b) A physical
therapist's assistant shall have:
1. An
associate degree in physical therapy assistance; and
2. A license from the Kentucky Board of
Physical Therapy.
(c)
Paraprofessionals shall be under the supervision of a currently enrolled First
Steps provider of that discipline as required by the professional's licensing
board practice act.
(3)
The minimum qualifications for recognized service positions providing services
in First Steps shall be as established in this subsection.
(a) A Point of Entry manager shall:
1. Be employed by the Point of
Entry;
2. Meet the minimum highest
entry-level requirement for one (1) of the professions identified in subsection
(1)(b), (c), (d), (f), (i), (j), (l), (m), or (p) of this section;
3. Have four (4) years of professional
experience in an early childhood education capacity or community health agency
that serves families with children birth through five (5) years of age in a
position in which the following skills and competencies have been demonstrated:
a. Strong interpersonal communication skills,
both written and verbal;
b. Ability
to create and maintain accurate reports;
c. Ability to handle multiple tasks
concurrently, meet deadlines, work independently, and exercise good judgment;
and
d. Establish collaboration and
leadership while working with families and service providers; and
4. Demonstrate progressive
responsibility in a supervisory or management capacity in a community or public
health organization for two (2) years of the experience.
(b) A service coordinator shall:
1. Be employed by the Point of
Entry;
2. Meet the minimum highest
entry-level requirement for one (1) of the professions identified in subsection
(1)(a)-(r) of this section; or
3.
Have a bachelor's degree and the equivalency of two (2) years' experience in
working with young children ages birth through five (5) years, or have a
bachelor's degree and two (2) years' experience working with families with
young children ages birth through five (5) years, in a position in which the
following skills and competencies have been demonstrated:
a. Communication skills in interviewing,
negotiating and mediating, and providing informal support;
b. Problem-solving by finding and utilizing
services and resources, resolving conflicts, integrating services using formal
and informal channels, and enabling families to use problem-solving;
c. Organization by maintaining accurate data
collection and resource information, exhibiting flexibility in scheduling, and
developing plans; and
d.
Collaboration and leadership through developing relationships with families,
enabling families to develop their decision-making skills, and establishing
collaborative relationships with service providers.
(c) A District Child Evaluation
Specialist shall:
1. Be employed by the Point
of Entry to conduct screening, evaluations and assessments, and provide
consultation to service coordinators and initial evaluators;
2. Meet the minimum highest entry-level
requirements for one (1) of the professions identified in subsection (1)(a)-(r)
of this section;
3. Have two (2)
years' experience working directly with young children birth through two (2)
years of age, including children with disabilities or atypical
development;
4. Have one (1) year
of experience in using standardized instruments and procedures to evaluate
infants and toddlers birth through two (2) years of age, completed as part of
formal training or in supervised practice; and
5. Be approved by the cabinet in accordance
with
KRS 200.666(1).
(d) An initial evaluator shall:
1. Meet the minimum highest entry-level
requirements for one (1) of the professions delineated in this administrative
regulation;
2. Have two (2) years'
experience working directly with young children birth through two (2) years of
age, including children with disabilities or atypical development;
3. Have one (1) year of experience in using
standardized instruments and procedures to evaluate infants and toddlers birth
through two (2) years of age, completed as part of formal training or in
supervised practice; and
4. Be
approved by the cabinet in accordance with
KRS 200.666(1).
(e) An intensive level evaluation team shall
be approved by the Part C Coordinator and shall include:
1.
a. A
board certified medical professional with expertise in early childhood
development;
b. A board certified
developmental pediatrician;
c. A
pediatrician who has training and experience in the area of early childhood
development;
d. A board certified
pediatric psychiatrist; or
e. A
board certified pediatric neurologist; and
2. One (1) or more developmental
professionals identified in subsection (1)(a)-(r) of this section.
(f) An approved neonatal follow-up
program team shall be a university-based program that has:
1. Submitted to the cabinet the credentials
and documentation of experience in conducting assessments for the birth to
three (3) age population for each proposed team member; and
2. Contracted with the cabinet to conduct
neuro-developmental follow-up of high risk infants.
(g) An assistive technology specialist shall:
1.
a.
(i) Meet the minimum highest entry-level
requirements for one (1) of the professions delineated in this administrative
regulation; and
(ii) Have extensive
knowledge, training, and experience in the field of assistive technologies for
infants and toddlers with disabilities; or
b.
(i) Meet the
qualifications established in clause a (ii) of this paragraph; and
(ii) Be employed by an agency that currently
provides assistive technology service in First Steps;
and
2. Be
approved by the cabinet in accordance with
KRS 200.666(1).
(h) To be an approved assistive technology
review team, an assistive technology center shall:
1. Submit to the cabinet the credentials and
documentation of experience in providing services to the birth to three (3) age
population for each proposed team member; and
2. Contract with the cabinet to conduct
reviews of requests for assistive technology devices in accordance with
902 KAR 30:130, Section 4.
(i) A respite provider shall:
1. Meet all license, administrative
regulations, and other requirements applicable to the setting in which respite
is provided; and
2. Be approved by
the individualized family service planning team.
(j) A sign language and cued language
specialist shall:
1. Meet the qualifications
established in
201 KAR 39:030, Section 1(3)(c); and
2. Be approved by the cabinet in accordance
with
KRS 200.666(1).
Section 3. Field Experiences - Intervention
services implemented by a student.
(1) With
family consent, a student may provide early intervention services under the
direct one-to-one supervision of a provider qualified in accordance with
Sections 1 and 2 of this administrative regulation.
(2) A student who provides early intervention
services shall complete and sign staff notes for each session in which the
student facilitates or provides intervention.
(3) The approved First Steps provider shall
also include a staff note for each session involving a student.
Section 4. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "Form 6A(I),
Individual Provider Application (New)", 2014-2016 edition;
(b) "Form 6A(A) Agency Application (New)",
2014-2016 edition;
(c) "Form 6B(I)
Individual Provider Application (Renewal)", 2014-2016 edition;
(d) "Form 6B(A) Agency Application
(Renewal)", November 2013 edition;
(e) "First Steps Provider Code of Ethical
Conduct", October 2013 edition;
(f)
"Form 5A, Service Provider Agreement", FY 2014-2016;
(g) "Required Affidavit for Bidders,
Offerors, and Contractors", November 2009;
(h) "First Steps Record of Provider Signature
(RF-23)", August 2008 edition;
(i)
"Service Catchment Area", (RF 6 Attachment), 2014-2016;
(j) "Authorization for Electronic Deposit of
Vendor Payment", (Form SAS63), July 2006 edition; and
(k) "Request for Taxpayer Identification
Number and Certification", (W-9), January 2002 edition.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department for Public
Health, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday,
8 a.m. to 4:30 p.m.