HB 2129--Am. by SCW
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[As Amended by Senate Committee of the
Whole]
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As Amended by Senate Committee
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As Amended by House Committee
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Session of 1997
HOUSE BILL No. 2129
By Committee on Appropriations
1-29
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14 AN ACT concerning mental health services; licensed masters level psy-
15 chologists; practice requirements; institutional licensees of state
16 board of healing arts; [care and treatment act for mentally ill
17 persons;] amending K.S.A. 1996 Supp. 74-5362 and 74-5363 74-
18 5344, 74-5344, as amended by section 8 of this act, and 65-2895
19 and K.S.A. 1996 Supp. 59-2946, [59-2972,] 65-5912, 65-6319,
20 74-5361, 74-5362, 74-5363 and 74-5366 and repealing the existing
21 sections; also repealing K.S.A. 74-5344, as amended by section 123
22 of chapter 229 of the 1996 Session Laws of Kansas, and K.S.A.
23 74-5363, as amended by section 124 of chapter 229 of the 1996 Session
24 Laws of Kansas [and section 1 of chapter 172 of the 1996 Session
25 laws of Kansas, section 2 of chapter 172 of the 1996 Session Laws
26 of Kansas, section 3 of chapter 172 of the 1996 Session laws of
27 Kansas, section 4 of chapter 172 of the 1996 Sessions Laws of
28 Kansas and section 5 of chapter 172 of the 1996 Session laws of
29 Kansas].
30
31 Be it enacted by the Legislature of the State of Kansas:
32 Section 1. K.S.A. 1996 Supp. 74-5362 is hereby amended to read as
33 follows: 74-5362. Any person who is licensed under the provisions of this
34 act as a licensed masters level psychologist shall have the right to practice
35 only in a licensed community mental health center or one of its contracted
36 affiliates, in any federal, state, county or municipal agency, or other po-
37 litical subdivision, in a contracted affiliate or for a contractor of a fed-
38 eral, state, county or municipal agency, or other political subdivision, in
39 a duly chartered educational institution, in a medical care facility licensed
40 under K.S.A. 65-425 et seq. and amendments thereto or in a psychiatric
41 hospital licensed under K.S.A. 75-3307b and amendments thereto, or for
42 a contractor of such educational institution, medical care facility
43 or psychiatric hospital, insofar as such practice is part of the duties of
HB 2129--Am. by SCW
2
1 such person's paid position and is performed solely on behalf of the em-
2 ployer, so long as such practice is [insofar as such practice is part of
3 the duties of such person's paid position and is performed solely on
4 behalf of the employer, so long as such practice is] under the direc-
5 tion of a person licensed to practice medicine and surgery or a person
6 licensed to provide mental health services as an independent practitioner
7 and whose licensure allows for the diagnosis and treatment of psycholog-
8 ical disorders. Such licensed person A licensed masters level psychol-
9 ogist may use the title licensed masters level psychologist and the abbre-
10 viation LMLP but may not use the title licensed psychologist or
11 psychologist.
12 Sec. 2. K.S.A. 1996 Supp. 74-5363 is hereby amended to read as
13 follows: 74-5363. (a) Any person who desires to be licensed under this
14 act shall apply to the board in writing, on forms prepared and furnished
15 by the board. Each application shall contain appropriate documentation
16 of the particular qualifications required by the board and shall be accom-
17 panied by the required fee.
18 (b) The board shall license as a licensed masters level psychologist
19 any applicant for licensure who pays the fee prescribed by the board
20 under K.S.A. 74-5365 and amendments thereto, which shall not be re-
21 funded, who has satisfied the board as to such applicant's training and
22 who complies with the provisions of this subsection (b). An applicant for
23 licensure also shall submit evidence verified under oath and satisfactory
24 to the board that such applicant:
25 (1) Is at least 21 years of age;
26 (2) has satisfied the board that the applicant is a person who merits
27 public trust;
28 (3) has received at least a master's degree in clinical psychology based
29 on a program of studies in psychology from an educational institution
30 having a graduate program in psychology consistent with state universities
31 of Kansas; or has received at least a master's degree in psychology and
32 during such master's or post-master's coursework completed a minimum
33 of 12 semester hours or its equivalent in psychological foundation courses
34 such as, but not limited to, philosophy of psychology, psychology of per-
35 ception, learning theory, history of psychology, motivation, and statistics
36 and 24 semester hours or its equivalent in professional core courses such
37 as, but not limited to, two courses in psychological testing, psychopa-
38 thology, two courses in psychotherapy, personality theories, developmen-
39 tal psychology, research methods, social psychology; or has passed com-
40 prehensive examinations or equivalent final examinations in a doctoral
41 program in psychology and during such graduate program completed a
42 minimum of 12 semester hours or its equivalent in psychological foun-
43 dation courses such as, but not limited to, philosophy of psychology, psy-
HB 2129--Am. by SCW
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1 chology of perception, learning theory, history of psychology, motivation,
2 and statistics and 24 semester hours or its equivalent in professional core
3 courses such as, but not limited to, two courses in psychological testing,
4 psychopathology, two courses in psychotherapy, personality theories, de-
5 velopmental psychology, research methods, social psychology;
6 (4) has completed 750 clock hours of academically supervised prac-
7 ticum in the master's degree program or 1,500 clock hours of postgrad-
8 uate supervised work experience;
9 (5) has completed 2,000 clock hours of postgraduate work experience
10 under the supervision of a licensed psychologist or a currently licensed
11 master's level psychologist with three years' experience;
12 (6) for applicants on and after January 1, 1997, has passed an exam-
13 ination approved by the board with a minimum score set by the board by
14 rules and regulations at 10 percentage points below the score set by the
15 board for licensed psychologists; and.
16 (7) is in the employ of a Kansas licensed community mental health
17 center, or one of its contracted affiliates, or a federal, state, county or
18 municipal agency, or other political subdivision, or a contracted affiliate
19 contractor of a federal, state, county or municipal agency, or other po-
20 litical subdivision, or a duly chartered educational institution, or a medical
21 care facility licensed under K.S.A. 65-425 et seq. and amendments thereto
22 or a psychiatric hospital licensed under K.S.A. 75-3307b and amendments
23 thereto, or a contractor of such educational institution, medical
24 care facility or psychiatric hospital, and whose practice, in any such
25 employment, is a part of the duties of such applicant's paid position and
26 is performed solely on behalf of the employer.
27 (c) The board shall adopt rules and regulations establishing the cri-
28 teria which an educational institution shall satisfy in meeting the require-
29 ments established under item (3) of subsection (b). The board may send
30 a questionnaire developed by the board to any educational institution for
31 which the board does not have sufficient information to determine
32 whether the educational institution meets the requirements of item (3)
33 of subsection (b) and rules and regulations adopted under this section.
34 The questionnaire providing the necessary information shall be com-
35 pleted and returned to the board in order for the educational institution
36 to be considered for approval. The board may contract with investigative
37 agencies, commissions or consultants to assist the board in obtaining in-
38 formation about educational institutions. In entering such contracts the
39 authority to approve educational institutions shall remain solely with the
40 board.
41 Sec. 3. K.S.A. 1996 Supp. 74-5362 and 74-5363 are hereby repealed.
42 Sec. 3. K.S.A. 1996 Supp. 74-5361 is hereby amended to read
43 as follows: 74-5361. As used in this act:
HB 2129--Am. by SCW
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1 (a) ``Practice of psychology'' shall have the meaning ascribed
2 thereto in K.S.A. 74-5302 and amendments thereto.
3 (b) ``Board'' means the behavioral sciences regulatory board
4 created by K.S.A. 74-7501 and amendments thereto.
5 (c) ``Licensed masters level psychologist'' means a person li-
6 censed by the board under the provisions of this act.
7 (d) ``Masters level psychology'' means the practice of psychol-
8 ogy pursuant to the restrictions set out in K.S.A. 74-5362 and 74-
9 5363 and amendments thereto.
10 Sec. 4. K.S.A. 1996 Supp. 74-5366 is hereby amended to read
11 as follows: 74-5366. (a) All licenses shall be effective upon the date
12 issued and shall expire at the end of 24 months from the date of
13 issuance.
14 (b) A license may be renewed by the payment of the renewal fee
15 and the execution and submission of a signed statement, on a form
16 provided by the board, attesting that the applicant's license has
17 been neither revoked nor currently suspended, that the applicant cur-
18 rently meets the employment requirements of part (7) of subsection (b)
19 of K.S.A. 74-5363 and amendments thereto and that the applicant has
20 met the requirements for continuing education set forth in this act.
21 (c) The application for renewal shall be made at least 30 days
22 before the date of the expiration of the license.
23 (d) If the application for renewal, including payment of the re-
24 quired renewal fee, is not made on or before the date of the expi-
25 ration of the license, the license is void, and no license shall be
26 reinstated except upon payment of the required renewal fee, plus a
27 penalty equal to the renewal fee, and proof satisfactory to the board
28 of compliance with the continuing education requirements. Upon
29 receipt of such payment and proof, the board shall reinstate the
30 license, except that no license shall be reinstated if such payment
31 and proof is received more than one year after the date of expiration
32 of the license.
33 (e) A duplicate license shall be issued by the board upon receipt
34 of a $20 fee.
35 (f) A person registered as a masters level psychologist on De-
36 cember 30, 1996, shall be deemed to be a licensed masters level
37 psychologist under this act. Such person shall not be required to
38 file an original application for licensure under this act, but shall
39 apply to the board for a license in lieu of registration upon payment
40 of the fee set by the board for renewal of license. Any application
41 for registration filed but which has not been granted prior to Jan-
42 uary 1, 1997, shall be processed as an application for licensure
43 pursuant to this act. For exchange of a license in lieu of registration
HB 2129--Am. by SCW
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1 pursuant to this subsection, a fee not to exceed $100.
2 (g) The board shall collect a fee not to exceed $100 for exchange
3 of a license in lieu of a registration pursuant to subsection (f).
4 Sec. 5. K.S.A. 1996 Supp. 59-2946 is hereby amended to read
5 as follows: 59-2946. When used in the care and treatment act for
6 mentally ill persons:
7 (a) ``Discharge'' means the final and complete release from
8 treatment, by either the head of a treatment facility acting pursuant
9 to K.S.A. 1996 Supp. 59-2950 and amendments thereto or by an
10 order of a court issued pursuant to K.S.A. 1996 Supp. 59-2973 and
11 amendments thereto.
12 (b) ``Head of a treatment facility'' means the administrative di-
13 rector of a treatment facility or such person's designee.
14 (c) ``Law enforcement officer'' shall have the meaning ascribed
15 to it in K.S.A. 22-2202, and amendments thereto.
16 (d) (1) ``Mental health center'' means any community mental
17 health center organized pursuant to the provisions of K.S.A. 19-
18 4001 through 19-4015 and amendments thereto, or mental health
19 clinic organized pursuant to the provisions of K.S.A. 65-211 through
20 65-215 and amendments thereto, or a mental health clinic organized
21 as a not-for-profit or a for-profit corporation pursuant to K.S.A. 17-
22 1701 through 17-1775 and amendments thereto or K.S.A. 17-6001
23 through 17-6010 and amendments thereto, and licensed in accor-
24 dance with the provisions of K.S.A. 75-3307b and amendments
25 thereto.
26 (2) ``Participating mental health center'' means a mental health
27 center which has entered into a contract with the secretary of social
28 and rehabilitation services pursuant to the provisions of K.S.A. 39-
29 1601 through 39-1612 and amendments thereto.
30 (e) ``Mentally ill person'' means any person who is suffering
31 from a mental [(1) Mental] disorder which is manifested by a clin-
32 ically significant behavioral or psychological syndrome or pattern
33 and associated with either a painful symptom or an impairment in
34 one or more important areas of functioning, and involving substan-
35 tial behavioral, psychological or biological dysfunction, to the ex-
36 tent that the person is in need of treatment[; or
37 [(2) mental condition, whether congenital or acquired, which
38 affects the person's emotional or volitional capacity predisposing
39 that person to commit sexually violent offenses. The provisions of
40 this subsection (e)(2) shall be effective on the date of the issuance
41 by the United States supreme court of an opinion in the case of State
42 of Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds the
43 sexually violent predator act, K.S.A. 59-29a01 et seq., unconstitu-
HB 2129--Am. by SCW
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1 tional and shall expire on June 30, 1998].
2 (f) (1) ``Mentally ill person subject to involuntary commitment
3 for care and treatment'' means a[: (A) A] mentally ill person, as
4 defined in subsection (e) [(1)], who also lacks capacity to make an
5 informed decision concerning treatment, is likely to cause harm to
6 self or others, and whose diagnosis is not solely one of the following
7 mental disorders: Alcohol or chemical substance abuse; antisocial
8 personality disorder; mental retardation; organic personality syn-
9 drome; or an organic mental disorder[; or
10 [(B) a mentally ill person, as defined in subsection (e)(2) who
11 also has committed an act that would constitute a sexually violent
12 offense and presents a continuing threat of harm to self or others.
13 The provisions of this subsection (f)(1)(B) shall be effective on the
14 date of the issuance by the United States supreme court of an opin-
15 ion in the case of State of Kansas vs. LeRoy Hendricks, case no. 95-
16 1649, which holds the sexually violent predator act, K.S.A. 59-
17 29a01 et seq., unconstitutional and shall expire on June 30, 1998].
18 (2) ``Lacks capacity to make an informed decision concerning
19 treatment'' means that the person, by reason of the person's mental
20 disorder, is unable, despite conscientious efforts at explanation, to
21 understand basically the nature and effects of hospitalization or
22 treatment or is unable to engage in a rational decision-making proc-
23 ess regarding hospitalization or treatment, as evidenced by an in-
24 ability to weigh the possible risks and benefits.
25 (3) ``Likely to cause harm to self or others'' means that the per-
26 son, by reason of the person's mental disorder: (a) Is likely, in the
27 reasonably foreseeable future, to cause substantial physical injury
28 or physical abuse to self or others or substantial damage to anoth-
29 er's property, as evidenced by behavior threatening, attempting or
30 causing such injury, abuse or damage; except that if the harm
31 threatened, attempted or caused is only harm to the property of
32 another, the harm must be of such a value and extent that the state's
33 interest in protecting the property from such harm outweighs the
34 person's interest in personal liberty; or (b) is substantially unable,
35 except for reason of indigency, to provide for any of the person's
36 basic needs, such as food, clothing, shelter, health or safety, causing
37 a substantial deterioration of the person's ability to function on the
38 person's own.
39 No person who is being treated by prayer in the practice of the
40 religion of any church which teaches reliance on spiritual means
41 alone through prayer for healing shall be determined to be a men-
42 tally ill person subject to involuntary commitment for care and
43 treatment under this act unless substantial evidence is produced
HB 2129--Am. by SCW
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1 upon which the district court finds that the proposed patient is
2 likely in the reasonably foreseeable future to cause substantial
3 physical injury or physical abuse to self or others or substantial
4 damage to another's property, as evidenced by behavior threaten-
5 ing, attempting or causing such injury, abuse or damage; except that
6 if the harm threatened, attempted or caused is only harm to the
7 property of another, the harm must be of such a value and extent
8 that the state's interest in protecting the property from such harm
9 outweighs the person's interest in personal liberty.
10 (g) ``Patient'' means a person who is a voluntary patient, a pro-
11 posed patient or an involuntary patient.
12 (1) ``Voluntary patient'' means a person who is receiving treat-
13 ment at a treatment facility pursuant to K.S.A. 1996 Supp. 59-2949
14 and amendments thereto.
15 (2) ``Proposed patient'' means a person for whom a petition pur-
16 suant to K.S.A. 1996 Supp. 59-2952 or K.S.A. 1996 Supp. 59-2957
17 and amendments thereto has been filed.
18 (3) ``Involuntary patient'' means a person who is receiving treat-
19 ment under order of a court or a person admitted and detained by
20 a treatment facility pursuant to an application filed pursuant to
21 subsection (b) or (c) of K.S.A. 1996 Supp. 59-2954 and amendments
22 thereto.
23 (h) ``Physician'' means a person licensed to practice medicine
24 and surgery as provided for in the Kansas healing arts act or a
25 person who is employed by a state psychiatric hospital or by an
26 agency of the United States and who is authorized by law to practice
27 medicine and surgery within that hospital or agency.
28 (i) ``Psychologist'' means a licensed psychologist, as defined by
29 K.S.A. 74-5302 and amendments thereto.
30 (j) ``Qualified mental health professional'' means a physician or
31 psychologist who is employed by a participating mental health cen-
32 ter or who is providing services as a physician or psychologist under
33 a contract with a participating mental health center, or a registered
34 licensed masters level psychologist or a licensed specialist social
35 worker or a licensed master social worker or a registered nurse who
36 has a specialty in psychiatric nursing, who is employed by a par-
37 ticipating mental health center and who is acting under the direc-
38 tion of a physician or psychologist who is employed by, or under
39 contract with, a participating mental health center.
40 (1) ``Direction'' means monitoring and oversight including reg-
41 ular, periodic evaluation of services.
42 (2) ``Licensed master social worker'' means a person licensed as
43 a master social worker by the behavioral sciences regulatory board
HB 2129--Am. by SCW
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1 under K.S.A. 65-6301 through 65-6318 and amendments thereto.
2 (3) ``Licensed specialist social worker'' means a person licensed
3 in a social work practice specialty by the behavioral sciences reg-
4 ulatory board under K.S.A. 65-6301 through 65-6318 and amend-
5 ments thereto.
6 (4) ``Registered Licensed masters level psychologist'' means a per-
7 son registered licensed as a registered licensed masters level psychol-
8 ogist by the behavioral sciences regulatory board under K.S.A. 74-
9 5361 through 74-5373 and amendments thereto.
10 (5) ``Registered nurse'' means a person licensed as a registered
11 professional nurse by the board of nursing under K.S.A. 65-1113
12 through 65-1164 and amendments thereto.
13 (k) ``Secretary'' means the secretary of social and rehabilitation
14 services.
15 (l) ``State psychiatric hospital'' means Larned state hospital, Os-
16 awatomie state hospital, Rainbow mental health facility or Topeka
17 state hospital.
18 (m) ``Treatment'' means any service intended to promote the
19 mental health of the patient and rendered by a qualified profes-
20 sional, licensed or certified by the state to provide such service as
21 an independent practitioner or under the supervision of such prac-
22 titioner.
23 (n) ``Treatment facility'' means any mental health center or
24 clinic, psychiatric unit of a medical care facility, state psychiatric
25 hospital, psychologist, physician or other institution or person au-
26 thorized or licensed by law to provide either inpatient or outpatient
27 treatment to any patient.
28 (o) The terms defined in K.S.A. 59-3002 and amendments
29 thereto shall have the meanings provided by that section.
30 [(p) ``Sexually violent offense'' means:
31 [(1) Rape, K.S.A. 21-3502 and amendments thereto;
32 [(2) indecent liberties with a child, K.S.A. 21-3503 and amend-
33 ments thereto;
34 [(3) aggravated indecent liberties with a child, K.S.A. 21-3504
35 and amendments thereto;
36 [(4) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-
37 3505 and amendments thereto;
38 [(5) aggravated criminal sodomy, K.S.A. 21-3506 and amend-
39 ments thereto;
40 [(6) indecent solicitation of a child, K.S.A. 21-3510 and amend-
41 ments thereto;
42 [(7) aggravated indecent solicitation of a child, K.S.A. 21-3511
43 and amendments thereto;
HB 2129--Am. by SCW
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1 [(8) sexual exploitation of a child, K.S.A. 21-3516 and amend-
2 ments thereto;
3 [(9) aggravated sexual battery, K.S.A. 3518 and amendments
4 thereto;
5 [(10) any conviction for a felony offense in effect at any time
6 prior to the effective date of this act, that is comparable to a sexually
7 violent offense as defined in subparagraphs (1) through (9), or any
8 federal or other state conviction for a felony offense that under the
9 laws of this state would be a sexually violent offense as defined in
10 this section.
11 [(11) an attempt, conspiracy or criminal solicitation, as defined
12 in K.S.A. 21-3301, 21-3302, 21-3303 and amendments thereto, of a
13 sexually violent offense as defined in this section; or
14 [(12) any act which at the time of sentencing for the offense has
15 been determined beyond a reasonable doubt to have been sexually
16 motivated. As used in this subparagraph, ``sexually motivated''
17 means that one of the purposes for which the defendant committed
18 the crime was for the purpose of the defendant's sexual gratification.
19 [The provisions of this subsection (p) shall be effective on the date
20 of the issuance by the United States supreme court of an opinion in
21 the case of State of Kansas vs. LeRoy Hendricks, case no. 95-1649,
22 which holds the sexually violent predator act, K.S.A. 59-29a01 et
23 seq., unconstitutional and shall expire on June 30, 1998.]
24 Sec. 6. K.S.A. 1996 Supp. 65-5912 is hereby amended to read
25 as follows: 65-5912. (a) Nothing in this act shall be construed to
26 require any insurer or other entity regulated under chapter 40 of
27 the Kansas Statutes Annotated or any other law of this state to pro-
28 vide coverage for or indemnify for the services provided by a person
29 licensed under this act.
30 (b) So long as the following persons do not hold themselves out
31 to the public to be dietitians or licensed dietitians or use these titles
32 in combination with other titles or use the abbreviation L.D., or
33 any combination thereof, nothing in this act shall be construed to
34 apply:
35 (1) To any person licensed to practice the healing arts, a li-
36 censed dentist, a licensed dental hygienist, a licensed professional
37 nurse, a licensed practical nurse, a licensed psychologist, a regis-
38 tered licensed masters level psychologist, a licensed pharmacist or
39 an employee thereof, a physician's assistant, a registered licensed
40 professional counselor;
41 (2) to any unlicensed employee of a licensed adult care home or
42 a licensed medical care facility as long as such person is working
43 under the general direction of a licensee in the healing arts, nursing
HB 2129--Am. by SCW
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1 or a dietetic services supervisor as defined in regulations adopted
2 by the secretary of health and environment or a consultant licensed
3 under this act;
4 (3) to any dietetic technician or dietetic assistant;
5 (4) to any student enrolled in an approved academic program
6 in dietetics, home economics, nutrition, education or other like cur-
7 riculum, while engaged in such academic program;
8 (5) to prevent any person, including persons employed in health
9 food stores, from furnishing nutrition information as to the use of
10 food, food materials or dietary supplements, nor to prevent in any
11 way the free dissemination of information or of literature as long
12 as no individual engaged in such practices holds oneself out as being
13 licensed under this act;
14 (6) to prohibit any individual from marketing or distributing
15 food products, including dietary supplements, or to prevent any
16 such person from providing information to customers regarding the
17 use of such products;
18 (7) to prevent any employee of the state or a political subdivi-
19 sion who is employed in nutrition-related programs from engaging
20 in activities included within the definition of dietetics practice as a
21 part of such person's employment;
22 (8) to any person who performs the activities and services of a
23 licensed dietitian or nutrition educator as an employee of the state
24 or a political subdivision, an elementary or secondary school, an
25 educational institution, a licensed institution, or a not-for-profit or-
26 ganization;
27 (9) to any person serving in the armed forces, the public health
28 service, the veterans administration or as an employee of the federal
29 government;
30 (10) to any person who has a degree in home economics insofar
31 as the activities of such person are within the scope of such person's
32 education and training;
33 (11) to any person who counsels or provides weight-control
34 services as a part of a franchised or recognized weight-control pro-
35 gram or a weight-control program that operates under the general
36 direction of a person licensed to practice the healing arts, nursing
37 or a person licensed under this act;
38 (12) to any person who is acting as a representative of a trade
39 association and who engages in one or more activities included
40 within the practice of dietetics as a representative of such associa-
41 tion;
42 (13) to a registered physical therapist who makes a dietetic or
43 nutritional assessment or gives dietetic or nutritional advice in the
HB 2129--Am. by SCW
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1 normal practice of such person's profession or as otherwise author-
2 ized by law;
3 (14) to a dietitian licensed, registered or otherwise authorized
4 to practice dietetics in another state who is providing consultation
5 in this state;
6 (15) to any person conducting a teaching clinical demonstration
7 which is carried out in an educational institution or an affiliated
8 clinical facility or health care agency;
9 (16) to any person conducting classes or disseminating infor-
10 mation relating to nonmedical nutrition; or
11 (17) to any person permitted to practice under K.S.A. 65-2872a
12 and amendments thereto.
13 (c) Nothing in this act shall be construed to interfere with the
14 religious practices or observances of a bona fide religious organi-
15 zation, nor to prevent any person from caring for the sick in accor-
16 dance with tenets and practices of any church or religious denom-
17 ination which teaches reliance upon spiritual means through prayer
18 for healing.
19 Sec. 7. K.S.A. 1996 Supp. 65-6319 is hereby amended to read
20 as follows: 65-6319. (a) The following licensed social workers may
21 diagnose mental disorders classified in the diagnostic manuals com-
22 monly used as a part of accepted social work practice: (1) A licensed
23 specialist clinical social worker, and (2) a licensed master social
24 worker who performs diagnoses of mental disorders within the
25 course of employment by a licensed community mental health cen-
26 ter, a state facility authorized to provide psychotherapeutic services
27 or a not-for-profit entity approved under subsection (c) of section
28 501 of the internal revenue code when such licensed master social
29 worker is under the direction of (i) a person licensed to practice
30 medicine and surgery, (ii) a licensed psychologist, or (iii) a licensed
31 specialist clinical social worker.
32 (b) Nothing in this section shall be construed to authorize a li-
33 censed social worker who under subsection (a) may diagnose mental
34 disorders classified in the diagnostic manuals commonly used as a
35 part of accepted social work practice to provide direction for reg-
36 istered licensed masters level psychologists under K.S.A. 74-5362 and
37 amendments thereto.
38 (c) This section shall be part of and supplemental to the provi-
39 sions of article 63 of chapter 65 of the Kansas Statutes Annotated
40 and acts amendatory of the provisions thereof and supplemental
41 thereto.
42 Sec. 8. K.S.A. 74-5344 is hereby amended to read as follows:
43 74-5344. Nothing contained in this act shall be construed: (a) To
HB 2129--Am. by SCW
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1 prevent qualified members of other professional groups such as, but
2 not limited to, ministers, Christian Science practitioners, social
3 workers and sociologists from doing work of a psychological nature
4 consistent with their training and consistent with any code of ethics
5 of their respective professions so long as they do not hold themselves
6 out to the public by any title or description of services incorporating
7 the words ``psychologic,'' ``psychological,'' ``psychologist'' or ``psy-
8 chology'';
9 (b) in any way to restrict any person from carrying on any of
10 the aforesaid activities in the free expression or exchange of ideas
11 concerning the practice of psychology, the application of its prin-
12 ciples, the teaching of such subject matter and the conducting of
13 research on problems relating to human behavior if such person
14 does not represent such person or such person's services in any man-
15 ner prohibited by this act;
16 (c) to limit the practice of psychology of a registered licensed
17 masters level psychologist or a person who holds a temporary per-
18 mit to practice as a registered licensed masters level psychologist
19 insofar as such practice is a part of the duties of any such person's
20 salaried position, and insofar as such practice is performed solely
21 on behalf of such person's employer or insofar as such person is
22 engaged in public speaking with or without remuneration;
23 (d) to limit the practice of psychology or services of a student,
24 intern or resident in psychology pursuing a degree in psychology
25 in a school, college, university or other institution, with educational
26 standards consistent with those of the state universities of Kansas if
27 such practice or services are supervised as a part of such person's
28 degree program. Nothing contained in this section shall be con-
29 strued as permitting such persons to offer their services as psy-
30 chologists to any other person and to accept remuneration for such
31 psychological services other than as specifically excepted herein,
32 unless they have been licensed under the provisions of the licensure
33 of psychologists act of the state of Kansas, registered under the pro-
34 visions of K.S.A. 74-5361 to 74-5371, inclusive, and amendments
35 thereto or granted a temporary permit under the provisions of
36 K.S.A. 74-5367 and amendments thereto;
37 (e) to prevent the employment, by a person, association, part-
38 nership or a corporation furnishing psychological services for re-
39 muneration, of persons not licensed as psychologists under the pro-
40 visions of this act to practice psychology if such persons work under
41 the supervision of a psychologist or psychologists licensed under
42 the provisions of this act and if such persons are not in any manner
43 held out to the public as psychologists licensed under the provisions
HB 2129--Am. by SCW
13
1 of the licensure of psychologists act of the state of Kansas, as reg-
2 istered under the provisions of K.S.A. 74-5361 to 74-5371, inclusive,
3 and amendments thereto or as holding a temporary permit under
4 the provisions of K.S.A. 74-5367 and amendments thereto;
5 (f) to restrict the use of tools, tests, instruments or techniques
6 usually denominated ``psychological'' so long as the user does not
7 represent oneself to be a licensed psychologist or a registered licensed
8 masters level psychologist;
9 (g) to permit persons licensed as psychologists to engage in the
10 practice of medicine as defined in the laws of this state, nor to re-
11 quire such licensed psychologists to comply with the Kansas healing
12 arts act;
13 (h) to restrict the use of the term ``social psychologist'' by any
14 person who has received a doctoral degree in sociology or social
15 psychology from an institution whose credits in sociology or social
16 psychology are acceptable by a school or college as defined in this
17 act, and who has passed comprehensive examination in the field of
18 social psychology as a part of the requirements for the doctoral
19 degree or has had equivalent specialized training in social psychol-
20 ogy;
21 (i) to restrict the practice of psychology by a person who is cer-
22 tified as a school psychologist by the state department of education
23 so long as such practice is conducted as a part of the duties of em-
24 ployment by a unified school district or as part of an independent
25 evaluation conducted in accordance with K.S.A. 72-963 and amend-
26 ments thereto, including the use of the term ``school psychologist''
27 by such person in conjunction with such practice; or
28 (j) to restrict the use of the term psychologist or the practice of
29 psychology by psychologists not licensed under this act in institu-
30 tions for the mentally retarded, in the youth centers at Atchison,
31 Beloit, Larned and Topeka or in institutions within the department
32 of corrections insofar as such term is used or such practice of psy-
33 chology is performed solely in conjunction with such person's em-
34 ployment by any such institution or youth center; or
35 (k) to limit the practice of psychology or use of official title on the
36 part of a person in the employ of a licensed community mental health
37 center or one of its contracted affiliates, or any federal, state, county or
38 municipal agency, or other political subdivision, or a duly chartered ed-
39 ucational institution, or a medical care facility licensed under K.S.A. 65-
40 425 et seq. and amendments thereto or a psychiatric hospital licensed
41 under K.S.A. 75-3307b and amendments thereto insofar as such practice
42 is a part of the duties of such person's paid position and is performed
43 solely on behalf of the employer and insofar as such practice is under the
HB 2129--Am. by SCW
14
1 direction of a person licensed to practice medicine and surgery or a per-
2 son licensed to provide mental health services as an independent practi-
3 tioner and whose licensure allows for the diagnosis and treatment of psy-
4 chological disorders. The provisions of this subsection (k) shall expire on
5 May 1, 1989.
6 Sec. 9. On July 1, 1997, K.S.A. 74-5344, as amended by section
7 8 of this act, is hereby amended to read as follows: 74-5344. Nothing
8 contained in this act shall be construed: (a) To prevent qualified
9 members of other professional groups such as, but not limited to,
10 ministers, Christian Science practitioners, social workers and so-
11 ciologists from doing work of a psychological nature consistent with
12 their training and consistent with any code of ethics of their re-
13 spective professions so long as they do not hold themselves out to
14 the public by any title or description of services incorporating the
15 words ``psychologic,'' ``psychological,'' ``psychologist'' or ``psychol-
16 ogy'';
17 (b) in any way to restrict any person from carrying on any of
18 the aforesaid activities in the free expression or exchange of ideas
19 concerning the practice of psychology, the application of its prin-
20 ciples, the teaching of such subject matter and the conducting of
21 research on problems relating to human behavior if such person
22 does not represent such person or such person's services in any man-
23 ner prohibited by this act;
24 (c) to limit the practice of psychology of a licensed masters level
25 psychologist or a person who holds a temporary permit to practice
26 as a licensed masters level psychologist insofar as such practice is
27 a part of the duties of any such person's salaried position, and in-
28 sofar as such practice is performed solely on behalf of such person's
29 employer or insofar as such person is engaged in public speaking
30 with or without remuneration;
31 (d) to limit the practice of psychology or services of a student,
32 intern or resident in psychology pursuing a degree in psychology
33 in a school, college, university or other institution, with educational
34 standards consistent with those of the state universities of Kansas if
35 such practice or services are supervised as a part of such person's
36 degree program. Nothing contained in this section shall be con-
37 strued as permitting such persons to offer their services as psy-
38 chologists to any other person and to accept remuneration for such
39 psychological services other than as specifically excepted herein,
40 unless they have been licensed under the provisions of the licensure
41 of psychologists act of the state of Kansas, registered under the pro-
42 visions of K.S.A. 74-5361 to 74-5371, inclusive, and amendments
43 thereto or granted a temporary permit under the provisions of
HB 2129--Am. by SCW
15
1 K.S.A. 74-5367 and amendments thereto;
2 (e) to prevent the employment, by a person, association, part-
3 nership or a corporation furnishing psychological services for re-
4 muneration, of persons not licensed as psychologists under the pro-
5 visions of this act to practice psychology if such persons work under
6 the supervision of a psychologist or psychologists licensed under
7 the provisions of this act and if such persons are not in any manner
8 held out to the public as psychologists licensed under the provisions
9 of the licensure of psychologists act of the state of Kansas, as reg-
10 istered under the provisions of K.S.A. 74-5361 to 74-5371, inclusive,
11 and amendments thereto or as holding a temporary permit under
12 the provisions of K.S.A. 74-5367 and amendments thereto;
13 (f) to restrict the use of tools, tests, instruments or techniques
14 usually denominated ``psychological'' so long as the user does not
15 represent oneself to be a licensed psychologist or a licensed masters
16 level psychologist;
17 (g) to permit persons licensed as psychologists to engage in the
18 practice of medicine as defined in the laws of this state, nor to re-
19 quire such licensed psychologists to comply with the Kansas healing
20 arts act;
21 (h) to restrict the use of the term ``social psychologist'' by any
22 person who has received a doctoral degree in sociology or social
23 psychology from an institution whose credits in sociology or social
24 psychology are acceptable by a school or college as defined in this
25 act, and who has passed comprehensive examination in the field of
26 social psychology as a part of the requirements for the doctoral
27 degree or has had equivalent specialized training in social psychol-
28 ogy;
29 (i) to restrict the practice of psychology by a person who is cer-
30 tified as a school psychologist by the state department of education
31 so long as such practice is conducted as a part of the duties of em-
32 ployment by a unified school district or as part of an independent
33 evaluation conducted in accordance with K.S.A. 72-963 and amend-
34 ments thereto, including the use of the term ``school psychologist''
35 by such person in conjunction with such practice; or
36 (j) to restrict the use of the term psychologist or the practice of
37 psychology by psychologists not licensed under this act in institu-
38 tions for the mentally retarded, in the youth centers juvenile correc-
39 tional facilities at Atchison, Beloit, Larned and Topeka or in insti-
40 tutions within the department of corrections insofar as such term is
41 used or such practice of psychology is performed solely in conjunc-
42 tion with such person's employment by any such institution or youth
43 center juvenile correctional facility.
HB 2129--Am. by SCW
16
1 Sec. 10. K.S.A. 65-2895 is hereby amended to read as follows:
2 65-2895. (a) There is hereby created a designation of institutional
3 license which may be issued by the board to a person who is a
4 graduate of an accredited school of the healing arts or a school
5 which has been in operation for not less than 15 years and the grad-
6 uates of which have been licensed in another state or states which
7 have standards similar to Kansas and who is employed by the de-
8 partment of social and rehabilitation services, employed by any institution
9 within the department of corrections or employed pursuant to a contract
10 entered into by the department of social and rehabilitation services or the
11 department of corrections with a third party. An applicant for an insti-
12 tutional license shall pass an examination in the basic sciences approved
13 by the board as provided in this section. Subject to the restrictions of this
14 section, the institutional license shall confer upon the holder the
15 right and privilege to practice that branch of the healing arts in
16 which the holder of the institutional license is proficient and shall
17 obligate the holder to comply with all requirements of such license.
18 The practice privileges of institutional license holders are restricted
19 as follows: The institutional license shall be valid only during the
20 period in which the holder is: (1) Employed by the department of
21 social and rehabilitation services, employed by any institution
22 within the department of corrections or employed pursuant to a
23 contract entered into by the department of social and rehabilitation
24 services or the department of corrections with a third party, and
25 only within the institution to which the holder is assigned; or (2)
26 employed to provide mental health services in the employ of a Kansas
27 licensed community mental health center, or one of its contracted affili-
28 ates, or a federal, state, county or municipal agency, or other political
29 subdivision, or a contractor of a federal, state, county or municipal
30 agency, or other political subdivision, or a duly chartered educational
31 institution, or a medical care facility licensed under K.S.A. 65-425 et seq.
32 and amendments thereto, or a contractor of such educational institution,
33 medical care facility or psychiatric hospital, and whose practice, in any
34 such employment, is limited to providing mental health services, is a part
35 of the duties of such licensee's paid position and is performed solely on
36 behalf of the employer.
37 (b) An institutional license shall be valid for a period of two
38 years after the date of issuance and may be renewed if the applicant
39 for renewal is eligible to obtain an institutional license under this
40 section, has successfully completed the examination required under
41 subsection (a)(3) of K.S.A. 65-2873 and amendments thereto and
42 has submitted evidence of satisfactory completion of a program of
43 continuing education required by the board. The board shall re-
HB 2129--Am. by SCW
17
1 quire each applicant for renewal of an institutional license under
2 this section to submit evidence of satisfactory completion of a pro-
3 gram of continuing education required by the board of licensees of
4 the branch of the healing arts in which the applicant is proficient.
5 (c) This section shall be a part of and supplemental to the Kan-
6 sas healing arts act.
7 [Sec. 11. K.S.A. 1996 Supp. 59-2972 is hereby amended to read
8 as follows: 59-2972. (a) The Except as provided in subsection (c), the
9 secretary of social and rehabilitation services or the secretary's des-
10 ignee may transfer any patient from any state psychiatric hospital
11 under the secretary's control to any other state psychiatric hospital
12 whenever the secretary or the secretary's designee considers it to
13 be in the best interests of the patient. Except in the case of an emer-
14 gency, the patient's spouse or nearest relative or legal guardian, if
15 one has been appointed, shall be notified of the transfer, and notice
16 shall be sent to the committing court not less than 14 days before
17 the proposed transfer. The notice shall name the hospital to which
18 the patient is proposed to be transferred to and state that, upon
19 request of the spouse or nearest relative or legal guardian, an op-
20 portunity for a hearing on the proposed transfer will be provided
21 by the secretary of social and rehabilitation services prior to such
22 transfer.
23 [(b) The Except as provided in subsection (c), the secretary of social
24 and rehabilitation services or the designee of the secretary may
25 transfer any involuntary patient from any state psychiatric hospital
26 to any state institution for the mentally retarded whenever the sec-
27 retary of social and rehabilitation services or the designee of the
28 secretary considers it to be in the best interests of the patient. Any
29 patient transferred as provided for in this subsection shall remain
30 subject to the same statutory provisions as were applicable at the
31 psychiatric hospital from which the patient was transferred and in
32 addition thereto shall abide by and be subject to all the rules and
33 regulations of the retardation institution to which the patient has
34 been transferred. Except in the case of an emergency, the patient's
35 spouse or nearest relative or legal guardian, if one has been ap-
36 pointed, shall be notified of the transfer, and notice shall be sent to
37 the committing court not less than 14 days before the proposed
38 transfer. The notice shall name the institution to which the patient
39 is proposed to be transferred to and state that, upon request of the
40 spouse or nearest relative or legal guardian, an opportunity for a
41 hearing on the proposed transfer will be provided by the secretary
42 of social and rehabilitation services prior to such transfer. No pa-
43 tient shall be transferred from a state psychiatric hospital to a state
HB 2129--Am. by SCW
18
1 institution for the mentally retarded unless the superintendent of
2 the receiving institution has found, pursuant to K.S.A. 76-12b01
3 through 76-12b11 and amendments thereto, that the patient is men-
4 tally retarded and in need of care and training and that placement
5 in the institution is the least restrictive alternative available. Noth-
6 ing in this subsection shall prevent the secretary of social and re-
7 habilitation services or the designee of the secretary from allowing
8 a patient at a state psychiatric hospital to be admitted as a volun-
9 tary resident to a state institution for the mentally retarded, or from
10 then discharging such person from the state psychiatric hospital
11 pursuant to K.S.A. 1996 Supp. 59-2973 and amendments thereto, as
12 may be appropriate.
13 [(c) At all times, any person admitted to or detained at a state psy-
14 chiatric hospital upon an application made pursuant to K.S.A. 1996 Supp.
15 59-2954, and amendments thereto, or an order issued pursuant to K.S.A.
16 1996 Supp. 59-2958, 59-2959, 59-2964, 59-2966 or 59-2969, and amend-
17 ments thereto, and who is alleged to be or who has been determined to
18 be a mentally ill person subject to involuntary commitment for care and
19 treatment, as defined in subsection (f)(1)(B) of K.S.A. 1996 Supp. 59-2946,
20 and amendments thereto, shall be kept in a separate secure facility or
21 building and segregated at all times from any other patient alleged to be
22 or who has been determined to be a mentally ill person subject to invol-
23 untary commitment for care and treatment, as defined in subsection
24 (f)(1)(A) of K.S.A. 1996 Supp. 59-2946, and amendments thereto. The
25 provisions of this subsection (c) shall be effective on the date of the issu-
26 ance by the United States supreme court of an opinion in the case of State
27 of Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds the sexually
28 violent predator act, K.S.A. 59-29a01 et seq., unconstitutional and shall
29 expire on June 30, 1998.
30 [New Sec. 12. The attorney general shall have concurrent au-
31 thority with any county or district attorney to file a petition pur-
32 suant to K.S.A. 1996 Supp. 59-2957, and amendments thereto and
33 to prepare all necessary papers, to appear at any hearing and to
34 present such evidence as the attorney general determines to be of
35 aid to the court in determining the issues before the court in any
36 case wherein it is alleged that a person is or continues to be a men-
37 tally ill person subject to involuntary commitment for care and
38 treatment, as defined in subsection (f)(1)(B) of K.S.A. 1996 Supp.
39 59-2946, and amendments thereto. The provisions of this section
40 shall be part of and supplemental to the care and treatment act for
41 mentally ill persons. The provisions of this section shall be effective
42 on the date of the issuance by the United States supreme court of
43 an opinion in the case of State of Kansas vs. LeRoy Hendricks, case
HB 2129--Am. by SCW
19
1 no. 95-1649, which holds the sexually violent predator act, K.S.A.
2 59-29a01 et seq., unconstitutional and shall expire on June 30, 1998.
3 [New Sec. 13. In each proceeding in which it is alleged that a
4 person is or continues to be a mentally ill person subject to invol-
5 untary commitment for care and treatment, as defined in subsection
6 (f)(1)(B) of K.S.A. 1996 Supp. 59-2946, and amendments thereto,
7 the court shall allow and order paid a reasonable fee and expenses
8 for an attorney appointed by the court to represent the person
9 against whom the petition was filed, which fee and expenses shall
10 be taxed to the estate of the patient, to those bound by law to sup-
11 port such patient or to the state of Kansas, except if a proposed
12 patient is found not to be a mentally ill person subject to involun-
13 tary commitment under this act, the costs shall not be assessed
14 against such patient's estate. Any fee or expenses taxes to the state
15 of Kansas shall be considered a special claim against the state and
16 considered in like manner by the legislature at its next session. The
17 provisions of this section shall be part of and supplemental to the
18 care and treatment act for mentally ill persons. The provisions of
19 this section shall be effective on the date of the issuance by the
20 United States supreme court of an opinion in the case of State of
21 Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds the sex-
22 ually violent predator act, K.S.A. 59-29a01 et seq., unconstitutional
23 and shall expire on June 30, 1998.
24 [New Sec. 14. Upon the provisions of subsections (e)(2),
25 (f)(1)(B) and (p) of K.S.A. 1996 Supp. 59-2946 and 59-2972 and
26 sections 12 and 13 of this act taking effect, the attorney general
27 shall give notice of such fact by publishing such notice in the Kansas
28 register, but such notice requirement shall not be necessary for such
29 provisions to take effect and be in force.]
30 Sec. 11. [15.] K.S.A. 65-2895 and 74-5344 and K.S.A. 1996
31 Supp. 59-2946, 65-5912, 65-6319, 74-5361, 74-5362, 74-5363 and
32 74-5366 are hereby repealed.
33 Sec. 4. 12. [16.] On July 1, 1997, K.S.A. 74-5344, as amended by
34 section 8 of this act, 74-5344, as amended by section 123 of chapter
35 229 of the 1996 Session Laws of Kansas, and K.S.A. 74-5363, as
36 amended by section 124 of chapter 229 of the 1996 Session Laws of
37 Kansas, is are hereby repealed.
38 [Sec. 17. On the date of the issuance by the United States su-
39 preme court of an opinion in the case of State of Kansas vs. LeRoy
40 Hendricks, case no. 95-1649, which holds the sexually violent pred-
41 ator act, K.S.A. 59-29a01 et seq., unconstitutional, K.S.A. 1996
42 Supp. 59-2972 and section 1 of chapter 172 of the 1996 Session
43 Laws of Kansas, section 2 of chapter 172 of the 1996 Session Laws
HB 2129--Am. by SCW
20
1 of Kansas, section 3 of chapter 172 of the 1996 Session Laws of
2 Kansas, section 4 of chapter 172 of the 1996 Session Laws of Kansas
3 and section 5 of chapter 172 of the 1996 Session Laws of Kansas
4 are hereby repealed.]
5 Sec. 5. 13. [18.] This act shall take effect and be in force from and
6 after its publication in the Kansas register.