Substitute for HOUSE BILL No. 2630

      An Act concerning the care and treatment of mentally ill persons; defining qualified mental
      health professional; concerning the state security hospital at Larned; concerning licensed
      master's level psychologists; amending K.S.A. 76-1305, 76-1306 and 76-1307 and K.S.A.
      1997 Supp. 59-2946, 74-5363 and 74-5367 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

    Section 1. K.S.A. 1997 Supp. 59-2946 is hereby amended to read as
follows: 59-2946. When used in the care and treatment act for mentally
ill persons:

    (a) ``Discharge'' means the final and complete release from treat-
ment, by either the head of a treatment facility acting pursuant to K.S.A.
1997 Supp. 59-2950 and amendments thereto or by an order of a court
issued pursuant to K.S.A. 1997 Supp. 59-2973 and amendments thereto.

    (b) ``Head of a treatment facility'' means the administrative director
of a treatment facility or such person's designee.

    (c) ``Law enforcement officer'' shall have the meaning ascribed to it
in K.S.A. 22-2202, and amendments thereto.

    (d) (1) ``Mental health center'' means any community mental health
center organized pursuant to the provisions of K.S.A. 19-4001 through
19-4015 and amendments thereto, or mental health clinic organized pur-
suant to the provisions of K.S.A. 65-211 through 65-215 and amendments
thereto, or a mental health clinic organized as a not-for-profit or a for-
profit corporation pursuant to K.S.A. 17-1701 through 17-1775 and
amendments thereto or K.S.A. 17-6001 through 17-6010 and amend-
ments thereto, and licensed in accordance with the provisions of K.S.A.
75-3307b and amendments thereto.

    (2) ``Participating mental health center'' means a mental health center
which has entered into a contract with the secretary of social and reha-
bilitation services pursuant to the provisions of K.S.A. 39-1601 through
39-1612 and amendments thereto.

    (e) ``Mentally ill person'' means any person who is suffering from a
mental disorder which is manifested by a clinically significant behavioral
or psychological syndrome or pattern and associated with either a painful
symptom or an impairment in one or more important areas of functioning,
and involving substantial behavioral, psychological or biological dysfunc-
tion, to the extent that the person is in need of treatment.

    (f) (1) ``Mentally ill person subject to involuntary commitment for
care and treatment'' means a mentally ill person, as defined in subsection
(e), who also lacks capacity to make an informed decision concerning
treatment, is likely to cause harm to self or others, and whose diagnosis
is not solely one of the following mental disorders: Alcohol or chemical
substance abuse; antisocial personality disorder; mental retardation; or-
ganic personality syndrome; or an organic mental disorder.

    (2) ``Lacks capacity to make an informed decision concerning treat-
ment'' means that the person, by reason of the person's mental disorder,
is unable, despite conscientious efforts at explanation, to understand ba-
sically the nature and effects of hospitalization or treatment or is unable
to engage in a rational decision-making process regarding hospitalization
or treatment, as evidenced by an inability to weigh the possible risks and
benefits.

    (3) ``Likely to cause harm to self or others'' means that the person,
by reason of the person's mental disorder: (a) Is likely, in the reasonably
foreseeable future, to cause substantial physical injury or physical abuse
to self or others or substantial damage to another's property, as evidenced
by behavior threatening, attempting or causing such injury, abuse or dam-
age; except that if the harm threatened, attempted or caused is only harm
to the property of another, the harm must be of such a value and extent
that the state's interest in protecting the property from such harm out-
weighs the person's interest in personal liberty; or (b) is substantially
unable, except for reason of indigency, to provide for any of the person's
basic needs, such as food, clothing, shelter, health or safety, causing a
substantial deterioration of the person's ability to function on the person's
own.

    No person who is being treated by prayer in the practice of the religion
of any church which teaches reliance on spiritual means alone through
prayer for healing shall be determined to be a mentally ill person subject
to involuntary commitment for care and treatment under this act unless
substantial evidence is produced upon which the district court finds that
the proposed patient is likely in the reasonably foreseeable future to cause
substantial physical injury or physical abuse to self or others or substantial
damage to another's property, as evidenced by behavior threatening, at-
tempting or causing such injury, abuse or damage; except that if the harm
threatened, attempted or caused is only harm to the property of another,
the harm must be of such a value and extent that the state's interest in
protecting the property from such harm outweighs the person's interest
in personal liberty.

    (g) ``Patient'' means a person who is a voluntary patient, a proposed
patient or an involuntary patient.

    (1) ``Voluntary patient'' means a person who is receiving treatment at
a treatment facility pursuant to K.S.A. 1997 Supp. 59-2949 and amend-
ments thereto.

    (2) ``Proposed patient'' means a person for whom a petition pursuant
to K.S.A. 1997 Supp. 59-2952 or K.S.A. 1997 Supp. 59-2957 and amend-
ments thereto has been filed.

    (3) ``Involuntary patient'' means a person who is receiving treatment
under order of a court or a person admitted and detained by a treatment
facility pursuant to an application filed pursuant to subsection (b) or (c)
of K.S.A. 1997 Supp. 59-2954 and amendments thereto.

    (h) ``Physician'' means a person licensed to practice medicine and
surgery as provided for in the Kansas healing arts act or a person who is
employed by a state psychiatric hospital or by an agency of the United
States and who is authorized by law to practice medicine and surgery
within that hospital or agency.

    (i) ``Psychologist'' means a licensed psychologist, as defined by K.S.A.
74-5302 and amendments thereto.

    (j) ``Qualified mental health professional'' means a physician or psy-
chologist who is employed by a participating mental health center or who
is providing services as a physician or psychologist under a contract with
a participating mental health center, or a licensed masters level psychol-
ogist or, a licensed marriage and family therapist, a licensed professional
counselor, a licensed specialist social worker or a licensed master social
worker or a registered nurse who has a specialty in psychiatric nursing,
who is employed by a participating mental health center and who is acting
under the direction of a physician or psychologist who is employed by, or
under contract with, a participating mental health center.

    (1) ``Direction'' means monitoring and oversight including regular,
periodic evaluation of services.

    (2) ``Licensed master social worker'' means a person licensed as a
master social worker by the behavioral sciences regulatory board under
K.S.A. 65-6301 through 65-6318 and amendments thereto.

    (3) ``Licensed specialist social worker'' means a person licensed in a
social work practice specialty by the behavioral sciences regulatory board
under K.S.A. 65-6301 through 65-6318 and amendments thereto.

    (4) ``Licensed masters level psychologist'' means a person licensed as
a licensed masters level psychologist by the behavioral sciences regulatory
board under K.S.A. 74-5361 through 74-5373 and amendments thereto.

    (5) ``Registered nurse'' means a person licensed as a registered pro-
fessional nurse by the board of nursing under K.S.A. 65-1113 through 65-
1164 and amendments thereto.

    (k) ``Secretary'' means the secretary of social and rehabilitation serv-
ices.

    (l) ``State psychiatric hospital'' means Larned state hospital, Osawa-
tomie state hospital, Rainbow mental health facility or Topeka state hos-
pital.

    (m) ``Treatment'' means any service intended to promote the mental
health of the patient and rendered by a qualified professional, licensed
or certified by the state to provide such service as an independent prac-
titioner or under the supervision of such practitioner.

    (n) ``Treatment facility'' means any mental health center or clinic,
psychiatric unit of a medical care facility, state psychiatric hospital, psy-
chologist, physician or other institution or person authorized or licensed
by law to provide either inpatient or outpatient treatment to any patient.

    (o) The terms defined in K.S.A. 59-3002 and amendments thereto
shall have the meanings provided by that section.

    Sec. 2. K.S.A. 1997 Supp. 74-5363 is hereby amended to read as
follows: 74-5363. (a) Any person who desires to be licensed under this
act shall apply to the board in writing, on forms prepared and furnished
by the board. Each application shall contain appropriate documentation
of the particular qualifications required by the board and shall be accom-
panied by the required fee.

    (b) The board shall license as a licensed masters level psychologist
any applicant for licensure who pays the fee prescribed by the board
under K.S.A. 74-5365 and amendments thereto, which shall not be re-
funded, who has satisfied the board as to such applicant's training and
who complies with the provisions of this subsection (b). An applicant for
licensure also shall submit evidence verified under oath and satisfactory
to the board that such applicant:

    (1) Is at least 21 years of age;

    (2) has satisfied the board that the applicant is a person who merits
public trust;

    (3) has received at least a master's degree in clinical psychology based
on a program of studies in psychology from an educational institution
having a graduate program in psychology consistent with state universities
of Kansas; or has received at least a master's degree in psychology and
during such master's or post-master's coursework completed a minimum
of 12 semester hours or its equivalent in psychological foundation courses
such as, but not limited to, philosophy of psychology, psychology of per-
ception, learning theory, history of psychology, motivation, and statistics
and 24 semester hours or its equivalent in professional core courses such
as, but not limited to, two courses in psychological testing, psychopa-
thology, two courses in psychotherapy, personality theories, developmen-
tal psychology, research methods, social psychology; or has passed com-
prehensive examinations or equivalent final examinations in a doctoral
program in psychology and during such graduate program completed a
minimum of 12 semester hours or its equivalent in psychological foun-
dation courses such as, but not limited to, philosophy of psychology, psy-
chology of perception, learning theory, history of psychology, motivation,
and statistics and 24 semester hours or its equivalent in professional core
courses such as, but not limited to, two courses in psychological testing,
psychopathology, two courses in psychotherapy, personality theories, de-
velopmental psychology, research methods, social psychology;

    (4) has completed 750 clock hours of academically supervised prac-
ticum in the master's degree program or 1,500 clock hours of postgrad-
uate supervised work experience;

    (5) (A) has completed 2,000 clock hours of postgraduate work ex-
perience under the supervision of a licensed psychologist or a currently
licensed master's level psychologist with three years' experience if such
applicant commenced such postgraduate work experience prior to July 1,
1998, or (B) if such applicant commenced such postgraduate work expe-
rience on or after July 1, 1998, has completed 4,000 clock hours of post-
graduate work experience under the supervision of a licensed psychologist
or a currently licensed master's level psychologist with three years' ex-
perience;

    (6) for applicants on and after January 1, 1997, has passed an exam-
ination approved by the board with a minimum score set by the board by
rules and regulations at 10 percentage points below the score set by the
board for licensed psychologists.

    (c) The board shall adopt rules and regulations establishing the cri-
teria which an educational institution shall satisfy in meeting the require-
ments established under item (3) of subsection (b). The board may send
a questionnaire developed by the board to any educational institution for
which the board does not have sufficient information to determine
whether the educational institution meets the requirements of item (3)
of subsection (b) and rules and regulations adopted under this section.
The questionnaire providing the necessary information shall be com-
pleted and returned to the board in order for the educational institution
to be considered for approval. The board may contract with investigative
agencies, commissions or consultants to assist the board in obtaining in-
formation about educational institutions. In entering such contracts the
authority to approve educational institutions shall remain solely with the
board.

    Sec. 3. K.S.A. 76-1305 is hereby amended to read as follows: 76-
1305. The secretary of social and rehabilitation services is authorized and
directed to establish, equip and maintain, in connection with and as a part
of the Larned state hospital, suitable buildings to be known as the ``state
security hospital'' for the purpose of holding in custody, examining, treat-
ing and caring for such mentally ill persons as may be committed or
ordered to the state security hospital by courts of criminal jurisdiction or
inmates with mental illness who are transferred for care or treatment to
the state security hospital from the a correctional institution under the
control of the secretary of corrections, or patients or persons with a men-
tal illness, other than minors and voluntary patients, who are transferred
for care or treatment to the state security hospital from any institution
under the jurisdiction of the secretary of social and rehabilitation services.
The secretary of social and rehabilitation services is hereby authorized
and empowered to supervise and manage the state security hospital. The
superintendent of the Larned state hospital shall act as the superinten-
dent of the state security hospital.

    Sec. 4. K.S.A. 76-1306 is hereby amended to read as follows: 76-
1306. The secretary of social and rehabilitation services may transfer any
patient or person, other than a minor or a voluntary patient, in any insti-
tution under the supervision of said the secretary to the state security
hospital whenever the secretary determines that such patient or person
is suffering from a mental illness and because of the behavior of the
patient or person when the secretary determines that such patient or
person: (1) Due to the behavior of the patient, the patient is a danger to
the other patients or persons in the institution or; (2) that the patient or
person is a security risk; or (3) that the patient is charged or convicted of
felony crimes and, therefore, is unable to receive proper care or treatment
in a facility other than the state security hospital. Any patient or person
transferred to the state security hospital under this section shall be as-
signed quarters separate from those individuals who have been trans-
ferred from penal institutions or committed thereto by courts under the
Kansas code of criminal procedure.

    Sec. 5. K.S.A. 76-1307 is hereby amended to read as follows: 76-
1307. (a) Any patient or person transferred to the state security hospital
by the secretary of social and rehabilitation services from an institution
under the supervision of the secretary of social and rehabilitation services
shall: (1) Be assigned quarters separate from those individuals who have
been transferred from correctional institutions or committed to the state
security hospital by courts pursuant to the Kansas code of criminal pro-
cedure; and (2) remain subject to the same statutory provisions applicable
to the patient or person at the institution from which the patient or person
was transferred and in addition shall abide by and be subject to all the
rules and regulations of the state security hospital not inconsistent with
such statutory provisions.

    (b) The next of kin and guardian, if one has been appointed, of the
patient or person transferred to the state security hospital by the secretary
of social and rehabilitation services under K.S.A. 76-1306 and amend-
ments thereto shall be notified of the transfer. If the patient or person
was committed to the sending institution from which the patient or person
is being transferred by a court, notice of the transfer shall be sent to the
committing court. The notice of transfer shall be given within a reasonable
time after the date of the transfer.

    Sec. 6. K.S.A. 1997 Supp. 74-5367 is hereby amended to read as
follows: 74-5367. (a) The board may issue a temporary permit to practice
as a licensed masters level psychologist to any person who pays a fee
prescribed by the board under this section, which shall not be refunded,
and who: (1) Meets all the requirements for licensure under this act as a
licensed masters level psychologist, but whose application for licensure is
pending; or (2) meets all the requirements for licensure under this act as
a licensed masters level psychologist except the requirement of postgrad-
uate supervised work experience or current employment, or both.

    (b) A temporary permit issued by the board shall expire at such time
as final action on the application is completed, but all such temporary
permits shall expire one year two years after the date of issuance of the
permit. A temporary permit issued by the board may be renewed for one
additional twelve-month twenty-four-month period if the board finds that
satisfactory progress toward the supervised experience requirement is be-
ing met.

    (c) The board shall fix by rules and regulations fees for application
and renewal of each type of temporary permit under this section. The
application and renewal fee shall not exceed $100 except that the fee for
application for and renewal of the two-year temporary permit under
clause (1) of subsection (a) shall not exceed $200.

    (d) The application for a temporary permit may be denied or a tem-
porary permit which has been issued may be suspended or revoked on
the same grounds as provided for suspension or revocation of a license
under K.S.A. 74-5369 and amendments thereto.

    Sec. 7. K.S.A. 76-1305, 76-1306 and 76-1307 and K.S.A. 1997 Supp.
59-2946, 74-5363 and 74-5367 are hereby repealed.

    Sec. 8. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above Bill originated in the
House, and passed that body

__________________________________

House adopted
Conference Committee Report __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Passed the Senate
as amended __________________________

Senate adopted
Conference Committe Report __________________________

__________________________________

President of the Senate

__________________________________

Secretary of the Senate.

Approved__________________________

__________________________________

Governor.