Session of 1999
         
HOUSE BILL No. 2032
         
By Committee on Health and Human Services
          
  8             AN  ACT concerning mental health service providers; relating to the fees
  9             established by the behavioral sciences regulatory board; amending
10             K.S.A. 65-5805, 65-6313, 65-6602, 65-6603, 74-5310a, 74-5316, 74-
11             5319, 74-5339 and 74-5349 and K.S.A. 1998 Supp. 65-5804, 65-5806,
12             65-5811, 65-6404, 65-6405, 65-6406, 65-6407, 74-5310, 74-5311, 74-
13             5363, 74-5365, 74-5366 and 74-5367 and repealing the existing sec-
14             tions; also repealing K.S.A. 74-5312 and 74-5313 and K.S.A. 1998
15             Supp. 65-5808, 65-6314 and 65-6411.
16      
17       Be it enacted by the Legislature of the State of Kansas:
18             New Section  1. (a) The behavioral sciences regulatory board shall
19       establish by rules and regulations the following fees for the licensure of
20       professional counselors pursuant to K.S.A. 65-5801 et seq., and amend-
21       ments thereto, for the licensure of social workers pursuant to K.S.A. 65-
22       6301 et seq., and amendments thereto, for the licensure of marriage and
23       family therapists pursuant to K.S.A. 65-6401 et seq., and amendments
24       thereto, for the registration of alcohol and other drug abuse counselors
25       pursuant to K.S.A. 65-6601 et seq., and amendments thereto, for the
26       licensure of psychologists pursuant to K.S.A. 74-5301 et seq., and amend-
27       ments thereto, and for the licensure of master level psychologists pur-
28       suant to K.S.A. 74-5361 et seq., and amendments thereto:
29             (1) For application for licensure or registration, not to exceed $200;
30             (2) for original licensure or registration, not to exceed $200;
31             (3) for examination, not to exceed $450. If an applicant fails an ex-
32       amination, such applicant may be admitted to subsequent examinations
33       upon payment of an additional fee prescribed by the board of not more
34       than $450;
35             (4) for renewal of a license or registration, not to exceed $200;
36             (5) for reinstatement of a license or registration, not to exceed $175;
37             (6) for replacement or duplicate of a license or registration, not to
38       exceed $20;
39             (7) for temporary permit or license, not to exceed $100;
40             (8) for application for endorsement in a specialty, not more than
41       $175;
42             (9) for biennial renewal for endorsement in a specialty, not to exceed
43       $175;

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  1             (10) for late renewal penalty, an amount not to exceed the fee for
  2       renewal of a license;
  3             (11) for exchange of a license in lieu of registration, not to exceed
  4       $150; and
  5             (12) for application for approval as board-approved continuing edu-
  6       cation sponsors shall be as follows:
  7             (A) Initial application fee for one year provisionally approved provid-
  8       ers, not to exceed $125;
  9             (B) three-year renewal fees for approved providers, not to exceed
10       $350; and
11             (C) application fees for single program providers, not to exceed $50
12       for each separately offered continuing education activity for which prior
13       approval is sought.
14             (b) The board may require that fees paid for any examination for
15       licensure or registration be paid directly to the examination service by the
16       person taking the examination. If the board is unable to contract with an
17       examination service, the board may establish an examination fee or charge
18       the examination fee and an additional amount that would allow for the
19       collection of the fee that is required to be deposited in the state general
20       fund pursuant to K.S.A. 74-7506, and amendments thereto.
21             (c) Notwithstanding any other provision of law to the contrary, all
22       fees established by the board for licensure or registration, whether fixed
23       by statute or rules and regulations, which are in effect on June 30, 1999,
24       shall remain in full force and effect until otherwise established by rules
25       and regulations of the board.
26             (d) Fees paid to the board are not refundable.
27             (e) This section shall be part of an supplemental to article 75 of chap-
28       ter 74 of the Kansas Statute Annotated.
29             Sec.  2. K.S.A. 1998 Supp. 65-5804 is hereby amended to read as
30       follows: 65-5804. (a) Applications for licensure as a professional counselor
31       shall be made to the board on a form and in the manner prescribed by
32       the board. Each application shall be accompanied by the fee fixed under
33       K.S.A. 65-5808 section 1, and amendments thereto.
34             (b) Each applicant for licensure as a professional counselor shall fur-
35       nish evidence satisfactory to the board that the applicant:
36             (1) Is at least 21 years of age;
37             (2) has completed 60 graduate semester hours including a graduate
38       degree in counseling from a college or university approved by the board
39       and which includes 45 graduate semester hours distributed among each
40       of the following areas:
41             (A) Counseling theory and practice;
42             (B) the helping relationship;
43             (C) group dynamics, processing and counseling;

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  1             (D) human growth and development;
  2             (E) life-style and career development;
  3             (F) appraisal of individuals;
  4             (G) social and cultural foundations;
  5             (H) research and evaluation;
  6             (I) professional orientation;
  7             (J) supervised practicum and internship;
  8             (3)  (A) has over a minimum period of two years with a minimum of
  9       4,000 supervised hours of professional experience as a professional coun-
10       selor inclusive of at least 1,000 supervised hours of actual client contact
11       acceptable to the board;
12             (B) has received a minimum of 200 hours of supervision including (i)
13       100 hours of administrative supervision regarding general professional
14       function, and (ii) 100 hours of clinical supervision regarding delivery of
15       direct client contact services with no more than 50 hours conducted as
16       group supervision and no less than 50 hours conducted as individual su-
17       pervision and no less than four hours of clinical supervision contact
18       monthly, (iii) one-half of this requirement may be waived for persons
19       with a doctor's degree in professional counseling or a related field ac-
20       ceptable to the board;
21             (4) has passed an examination required by the board; and
22             (5) has satisfied the board that the applicant is a person who merits
23       the public trust.
24             (c) The board shall adopt rules and regulations establishing the cri-
25       teria which a college or university shall satisfy in order to be approved by
26       the board. The board may send a questionnaire developed by the board
27       to any college or university for which the board does not have sufficient
28       information to determine whether the school meets the requirements for
29       approval and rules and regulations adopted under this section. The ques-
30       tionnaire providing the necessary information shall be completed and
31       returned to the board in order for the college or university to be consid-
32       ered for approval. The board may contract with investigative agencies,
33       commissions or consultants to assist the board in obtaining information
34       about colleges and universities. In entering such contracts the authority
35       to approve college and universities shall remain solely with the board.
36             (d) A person who intends to pursue the postgraduate supervised
37       training experience shall apply to the board for a temporary permit to
38       practice as a licensed professional counselor by (1) paying an application
39       fee of no more than $150 as established in section 1, and amendments
40       thereto, (2) providing evidence of graduating from a masters or doctoral
41       program in professional counseling acceptable to the board, (3) submit-
42       ting letters from three professionals attesting to the applicant's integrity,
43       competence, and worthiness to merit the public's trust, one of whom has

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  1       provided direct clinical supervision of the applicant's graduate program
  2       clinical training and (4) completing a postgraduate supervised training
  3       plan on forms supplied by the board describing services to be provided,
  4       place of employment, persons responsible for administrative oversight
  5       and clinical supervision, and statement acknowledging behavioral sciences
  6       regulatory board postgraduate training requirements.
  7             (e)  (1) A temporary permit may be issued by the board after the
  8       application has been reviewed and approved by the board and the appli-
  9       cant has paid the appropriate fee set by the board pursuant to section 1,
10       and amendments thereto, for issuance of new licenses.
11             (2) A temporary permit issued by the board shall expire at such time
12       as final action on the application is completed or two years after the date
13       of issuance of the permit. A temporary permit may be renewed for one
14       additional two-year period if the board finds that satisfactory progress
15       toward the supervised experience requirement is being met.
16             (f) A person practicing professional counseling with a temporary per-
17       mit may not use the title "licensed professional counselor" or the initials
18       "LPC" independently. The word "licensed" may be used only when fol-
19       lowed by the words "by temporary permit" such as licensed professional
20       counselor by temporary permit, or professional counselor licensed by
21       temporary permit.
22             Sec.  3. K.S.A. 65-5805 is hereby amended to read as follows: 65-
23       5805. An application for examination as a professional counselor shall be
24       made to the board on a form provided by the board. The application shall
25       be accompanied by the examination fee fixed under K.S.A. 65-5808 sec-
26       tion 1, and amendments thereto. If an applicant fails to pass the exami-
27       nation, the applicant may reapply and shall be allowed to take a subse-
28       quent examination. An applicant who has failed two successive
29       examinations may not reapply for two years from the date of the last
30       examination.
31             Sec.  4. K.S.A. 1998 Supp. 65-5806 is hereby amended to read as
32       follows: 65-5806. (a) An applicant who meets the requirements for licen-
33       sure pursuant to this the professional counselors licensure act, has paid
34       the license fee provided for by K.S.A. 65-5808 section 1, and amendments
35       thereto and has otherwise complied with the provisions of this such act
36       shall be licensed by the board.
37             (b) Licenses issued pursuant to this the professional counselors licen-
38       sure act shall expire 24 months from the date of issuance unless revoked
39       prior to that time. A license may be renewed upon application and pay-
40       ment of the fee provided for by K.S.A. 65-5808 section 1, and amend-
41       ments thereto. The application for renewal shall be accompanied by ev-
42       idence satisfactory to the board that the applicant has completed during
43       the previous 24 months the continuing education required by rules and

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  1       regulations of the board.
  2             (c) A person whose license has been suspended or revoked may make
  3       written application to the board requesting reinstatement of the license
  4       upon termination of the period of suspension or revocation in a manner
  5       prescribed by the board, which application shall be accompanied by the
  6       fee provided for by K.S.A. 65-5808 section 1, and amendments thereto.
  7             Sec.  5. K.S.A. 1998 Supp. 65-5811 is hereby amended to read as
  8       follows: 65-5811. (a) Prior to July 1, 1998, the board, upon receipt of a
  9       proper application and payment of fees, shall issue a license or a license
10       by temporary permit shall be issued to an applicant without examination
11       if the board is satisfied that the applicant meets the requirements of
12       paragraphs (1) to (3), inclusive, of subsection (b) of K.S.A. 65-5804 and
13       amendments thereto or if the board is satisfied that the applicant has
14       completed a master's or doctoral degree in a related field to be defined
15       by rules and regulations of the board. In addition, the applicant has prac-
16       ticed professional counseling continuously for five years immediately
17       prior to application for licensure under this the professional counselors
18       licensure act and is otherwise qualified to be licensed as a professional
19       counselor.
20             (b) A person registered as a professional counselor on the day im-
21       mediately preceding January 1, 1997, shall be deemed to be a licensed
22       professional counselor under this the professional counselors licensure act.
23       Such person shall not be required to file an original application for licen-
24       sure under this such act, but shall apply to the board for a license in lieu
25       of registration and payment of the fee set by the board, pursuant to sec-
26       tion 1, and amendments thereto, for renewal of license. Any application
27       for registration filed but which has not been granted prior to January 1,
28       1997, shall be processed as an application for licensure pursuant to this
29       such act.
30             Sec.  6. K.S.A. 65-6313 is hereby amended to read as follows: 65-
31       6313. (a) All licenses issued shall be effective upon the date issued and
32       shall expire at the end of 24 months from the date of issuance.
33             (b) Except as otherwise provided in K.S.A. 65-6311 and amendments
34       thereto, a license may be renewed by the payment of the renewal fee set
35       forth in K.S.A. 65-6314 section 1 and amendments thereto and the exe-
36       cution and submission of a signed statement, on a form to be provided
37       by the board, attesting that the applicant's license has been neither re-
38       voked nor currently suspended and that applicant has met the require-
39       ments for continuing education established by the board.
40             (c) The application for renewal shall be made on or before the date
41       of the expiration of the license or on or before the date of the termination
42       of the period of suspension.
43             (d) If the application for renewal, including payment of the required

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  1       renewal fee, is not made on or before the date of the expiration of the
  2       license, the license is void, and no license shall be reinstated except upon
  3       payment of the required renewal fee established under K.S.A. 65-6314
  4       section 1 and amendments thereto, plus a penalty equal to the renewal
  5       fee, and proof satisfactory to the board of the completion of 60 hours of
  6       continuing education within two years prior to application for reinstate-
  7       ment. Upon receipt of such payment and proof, the board shall reinstate
  8       the license. A license shall be reinstated under this subsection, upon re-
  9       ceipt of such payment and proof, at any time after the expiration of such
10       license.
11             (e) In case of a lost or destroyed license, and upon satisfactory proof
12       of the loss or destruction thereof, the board may issue a duplicate license
13       and shall charge a fee as set forth in K.S.A. 65-6314 section 1 and amend-
14       ments thereto for such duplicate license.
15             Sec.  7. K.S.A. 1998 Supp. 65-6404 is hereby amended to read as
16       follows: 65-6404. (a) An applicant for licensure as a marriage and family
17       therapist shall furnish evidence that the applicant:
18             (1) Has attained the age of 21;
19             (2)  (A) has over a minimum period of two years with a minimum of
20       4,000 supervised hours of professional experience as a marriage and fam-
21       ily therapist inclusive of at least 1,000 supervised hours of actual client
22       contact acceptable to the board; (B) has received a minimum of 200 hours
23       of supervision including (i) 100 hours of administrative supervision re-
24       garding general professional functioning, (ii) 100 hours of clinical super-
25       vision regarding delivery of direct client contact services with no more
26       than 50 hours conducted as group supervision and no less than 50 hours
27       conducted as individual supervision and no less than four hours of clinical
28       supervision contact monthly, (iii) one-half of this requirement may be
29       waived for persons with a doctor's degree in marriage and family therapy
30       or a related field acceptable to the board;
31             (3)  (A) has completed a master's or doctoral degree from a marriage
32       and family therapy program, in an educational institution with standards
33       consistent with those of the state universities of Kansas, approved by the
34       board; or (B) has completed a master's or doctoral degree from an edu-
35       cational institution in a related field for which the course work is consid-
36       ered by the board to be equivalent to that provided in clause (3)(A) of
37       this paragraph and consists of a minimum of nine semester hours in hu-
38       man development, nine semester hours in theories of marriage and family
39       functioning, nine semester hours of marital and family assessment and
40       therapy, three semester hours in professional studies and three semester
41       hours in research; or (C) completed a master's or doctoral degree from
42       an educational institution in a related field with additional work from an
43       educational program in marriage and family therapy approved by the

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  1       board and such degree program and additional work includes the course
  2       work requirements provided in clause (3)(B) of this paragraph;
  3             (4) has passed an examination approved by the board; and
  4             (5) has satisfied the board that the applicant is a person who merits
  5       the public trust.
  6             (b) Each applicant shall pay an application fee and examination fee
  7       established by the board under K.S.A. 65-6411 section 1 and amendments
  8       thereto.
  9             Sec.  8. K.S.A. 1998 Supp. 65-6405 is hereby amended to read as
10       follows: 65-6405. (a) Prior to July 1, 1998, the board, upon receipt of a
11       proper application and payment of fees, shall issue a license or a license
12       by temporary permit to an applicant without examination if the board is
13       satisfied that the applicant meets the requirements of paragraphs (1) to
14       (3), inclusive, of subsection (a) of K.S.A. 65-6404 and amendments
15       thereto or if the board is satisfied that the applicant has completed a
16       master's or doctoral degree in a related field. In addition, the applicant
17       has practiced marriage and family therapy continuously for five years im-
18       mediately prior to application for licensure under this the marriage and
19       family therapists licensure act and is otherwise qualified to be licensed as
20       a marriage and family therapist. A person registered as a marriage and
21       family therapist on December 30, 1996, shall be deemed to be a licensed
22       marriage and family therapist under this such act. Such person shall not
23       be required to file an original application for licensure under this such
24       act, but shall apply to the board for a license in lieu of registration upon
25       payment of the fee required by the board for renewal of license. Any
26       application for registration filed but which has not been granted prior to
27       January 1, 1997, shall be processed as an application for licensure under
28       requirements defined for credentialing at the time of application pursuant
29       to this such act.
30             (b) A person who intends to pursue the postgraduate supervised
31       training experience shall apply to the board for a temporary permit to
32       practice as a licensed marriage and family therapist by (1) paying an ap-
33       plication fee of no more than $150, as established in section 1, and amend-
34       ments thereto, (2) providing evidence of graduating from a master's or
35       doctoral program in marriage and family therapy acceptable to the board,
36       (3) submitting letters from three professionals attesting to the applicant's
37       integrity, competence, and worthiness to merit the public's trust, one of
38       whom has provided direct clinical supervision of the applicant's graduate
39       program clinical training, and (4) completing a postgraduate supervised
40       training plan on forms supplied by the board describing services to be
41       provided, place of employment, persons responsible for administrative
42       oversight and clinical supervision, and statement acknowledging behav-
43       ioral sciences regulatory board postgraduate training requirements.

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  1             (c)  (1) A temporary permit may be issued by the board after the
  2       application has been reviewed and approved by the board and the appli-
  3       cant has paid the appropriate fee set by the board, pursuant to section 1,
  4       and amendments thereto, for issuance of new licenses.
  5             (2) A temporary permit issued by the board shall expire at such time
  6       as final action on the application is completed or two years after the date
  7       of issuance of the permit. A temporary permit may be renewed for one
  8       additional two-year period if the board finds that satisfactory progress
  9       toward the supervised experience requirement is being met.
10             (d) A person practicing marriage and family therapy with a temporary
11       permit may not use the title "licensed marriage and family therapist" or
12       the initials "LMFT" independently. The word "licensed" may be used
13       only when followed by the words "by temporary permit" such as licensed
14       marriage and family therapist by temporary permit, or marriage and fam-
15       ily therapist, licensed by temporary permit.
16             Sec.  9. K.S.A. 1998 Supp. 65-6406 is hereby amended to read as
17       follows: 65-6406. The board shall issue a license to an individual who is
18       currently registered, certified or licensed to practice marriage and family
19       therapy in another jurisdiction if the board determines that the standards
20       for registration, certification or licensure to practice marriage and family
21       therapy in the other jurisdiction are at least equivalent to or exceed the
22       requirements of the marriage and family therapists licensure act and rules
23       and regulations of the board. An applicant for a license under this section
24       shall pay an application fee established by the board under K.S.A. 65-
25       6411 section 1, and amendments thereto.
26             Sec.  10. K.S.A. 1998 Supp. 65-6407 is hereby amended to read as
27       follows: 65-6407. (a) An applicant who meets the requirements for licen-
28       sure pursuant to this the marriage and family therapists licensure act, has
29       paid the license fee provided for by K.S.A. 65-6411 section 1, and amend-
30       ments thereto and has otherwise complied with the provisions of this such
31       act shall be licensed by the board.
32             (b) Licenses issued pursuant to this such act shall expire 24 months
33       from the date of issuance unless revoked prior to that time. A license may
34       be renewed upon application and payment of the fee provided for by
35       K.S.A. 65-6411 section 1, and amendments thereto. The application for
36       renewal shall be accompanied by evidence satisfactory to the board that
37       the applicant has completed during the previous 24 months the contin-
38       uing education required by rules and regulations of the board.
39             (c) A person whose license has been suspended or revoked may make
40       written application to the board requesting reinstatement of the license
41       upon termination of the period of suspension or revocation in a manner
42       prescribed by the board, which application shall be accompanied by the
43       fee provided for by K.S.A. 65-6411 section 1, and amendments thereto.

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  1             Sec.  11. K.S.A. 65-6602 is hereby amended to read as follows: 65-
  2       6602. (a) On and after January 1, 1993, no person shall represent that
  3       such person is a registered alcohol and other drug abuse counselor unless
  4       such person is registered under this the alcohol and other drug abuse
  5       counselor registration act as an alcohol and other drug abuse counselor.
  6       A violation of this subsection is a class C misdemeanor.
  7             (b) The board shall adopt by rules and regulations a system for reg-
  8       istration of alcohol and other drug abuse counselors. Such rules and reg-
  9       ulations shall include qualifications for registration which promote safe
10       and adequate treatment, evaluation and prevention of alcohol and other
11       drug abuse. Such rules and regulations shall require the following:
12             (1) A bachelors degree, a masters degree or a doctors degree in a
13       social-services or health-related field which includes 18 academic credit
14       hours of coursework in the following care work functions of an alcohol
15       and other drug abuse counselor as follows: Three credit hours screening
16       and intake; three credit hours orientation and assessment; three credit
17       hours treatment planning and counseling; three credit hours case man-
18       agement and crisis intervention; three credit hours client education and
19       referral; and three credit hours reports and recordkeeping and consul-
20       tation with other professionals; and
21             (2) experience of not less than 500 hours of practicum and 2,500
22       hours of supervised work experience, at least 1,000 hours of which are
23       postgraduate hours, under the supervision of a registered alcohol and
24       other drug abuse counselor, or an individual qualified for registration as
25       an alcohol or other drug abuse counselor under this the alcohol and other
26       drug abuse counselor registration act, within three years immediately pre-
27       ceding first registration under this such act.
28             (c) The board shall require each person seeking registration as an
29       alcohol and other drug abuse counselor to successfully complete an ex-
30       amination prescribed by the board. The board shall fix by rules and reg-
31       ulations a fee for such examination in an amount sufficient to pay for the
32       costs and administration thereof. Each applicant shall pay an examination
33       fee established by the board under section 1, and amendments thereto.
34       Any person desiring to take the examination shall first submit satisfactory
35       proof that the person has the qualifications required pursuant to subsec-
36       tion (b) or (d).
37             (d) A person who does not have the qualifications prescribed pur-
38       suant to subsection (b) may qualify for examination and, upon passage of
39       the examination, registration pursuant to this such act if the person sub-
40       mits satisfactory proof that, on December 31, 1992, the person:
41             (1) Is practicing as an alcohol and other drug abuse counselor in this
42       state, has an offer of employment as an alcohol and other drug abuse
43       counselor in this state or is an alcohol and other drug abuse counselor

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  1       living in this state; and
  2             (2) has 1,000 hours of experience as an alcohol and other drug abuse
  3       counselor within the immediately preceding 12-month period or has
  4       3,000 hours of experience in alcohol and other drug abuse counseling
  5       within the immediately preceding 60-month period.
  6             (e) A person may qualify for registration if such person submits sat-
  7       isfactory proof that the person was practicing as an alcohol and other drug
  8       abuse counselor in another state and is qualified in accordance with stan-
  9       dards which the board determines are comparable to those provided pur-
10       suant to this such act.
11             (f) Nothing in the alcohol and other drug abuse counselor registration
12       act shall be construed to authorize a person registered under the act to
13       diagnose or treat mental illness or mental disease.
14             Sec.  12. K.S.A. 65-6603 is hereby amended to read as follows: 65-
15       6603. (a) Registration under this the alcohol and other drug abuse coun-
16       selor registration act shall be for a period of two years. A registration may
17       be renewed upon application and payment of the renewal fee. A person
18       whose registration has been suspended or revoked may make written
19       application to the board requesting reinstatement of the registration upon
20       termination of the period of suspension or revocation in a manner pre-
21       scribed by the board, which application shall be accompanied by the re-
22       instatement fee established by the board pursuant to section 1, and
23       amendments thereto. The application for renewal of a registration shall
24       be accompanied by evidence satisfactory to the board that the applicant
25       has completed during the previous two-year period the continuing edu-
26       cation required by rules and regulations of the board.
27             (b) The board shall fix by rules and regulations subject to the limita-
28       tions established in section 1, and amendments thereto, fees for applica-
29       tions for registration, renewal of registration and reinstatement of regis-
30       tration under this such act. Such fees shall be fixed in amounts to cover
31       the costs of administering the provisions of this act, but not to exceed
32       $100. The board shall remit all moneys received from fees collected under
33       this such act to the state treasurer at least monthly. Upon receipt of each
34       such remittance the state treasurer shall deposit the entire amount
35       thereof in the state treasury and credit such amount as provided under
36       K.S.A. 74-7506 and amendments thereto.
37             (c)  The application for renewal shall be made at least 30 days before
38       the date of the expiration of the registration. If the application for re-
39       newal, including payment of the required renewal fee, is not made on or
40       before the date of the expiration of the registration, the registration is
41       void, and no registration shall be reinstated except upon payment of the
42       required renewal fee, plus a penalty equal to the renewal fee. Upon re-
43       ceipt of such payment and proof, the board shall reinstate the registration,

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  1       except that no registration shall be reinstated if such payment and proof
  2       is received more than one year after the date of expiration of the
  3       registration.
  4             (d) A duplicate registration shall be issued by the board upon receipt
  5       of a $20 fee, as established in section 1, and amendments thereto.
  6             Sec.  13. K.S.A. 1998 Supp. 74-5310 is hereby amended to read as
  7       follows: 74-5310. (a) The board shall issue a license as a psychologist to
  8       any person who pays an application fee prescribed by the board, not in
  9       excess of $150 and an original license fee not in excess of $200, which
10       shall not be refunded established in section 1, and amendments thereto,
11       who either satisfies the board as to such person's training and experience
12       after a thorough review of such person's credentials or who passes a sat-
13       isfactory examination in psychology. Any person paying the fee must also
14       submit evidence verified by oath and satisfactory to the board that such
15       person: (1) Is at least 21 years of age; (2) is of good moral character; (3)
16       has received the doctor's degree based on a program of studies in content
17       primarily psychological from an educational institution having a graduate
18       program with standards consistent with those of the state universities of
19       Kansas, or the substantial equivalent of such program in both subject
20       matter and extent of training; and (4) has had at least two years of su-
21       pervised experience, a significant portion of which shall have been spent
22       in rendering psychological services satisfying the board's approved stan-
23       dards for the psychological service concerned.
24             (b) The board shall adopt rules and regulations establishing the cri-
25       teria which an educational institution shall satisfy in meeting the require-
26       ments established under item (3) of subsection (a). The board may send
27       a questionnaire developed by the board to any educational institution for
28       which the board does not have sufficient information to determine
29       whether the educational institution meets the requirements of item (3)
30       of subsection (a) and rules and regulations adopted under this section.
31       The questionnaire providing the necessary information shall be com-
32       pleted and returned to the board in order for the educational institution
33       to be considered for approval. The board may contract with investigative
34       agencies, commissions or consultants to assist the board in obtaining in-
35       formation about educational institutions. In entering such contracts the
36       authority to approve educational institutions shall remain solely with the
37       board.
38             Sec.  14. K.S.A. 74-5310a is hereby amended to read as follows: 74-
39       5310a. In case of a lost or destroyed license of a psychologist, and upon
40       satisfactory proof of the loss or destruction thereof, the behavioral sci-
41       ences regulatory board may issue a duplicate, charging a fee not in excess
42       of $20 as established in section 1, and amendments thereto, for such du-
43       plicate license.

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  1             Sec.  15. K.S.A. 1998 Supp. 74-5311 is hereby amended to read as
  2       follows: 74-5311. Examinations for applicants under this the licensure of
  3       psychologists act shall be held by the board from time to time but not
  4       less than once each year. The board shall adopt rules and regulations
  5       governing the subject, scope, and form of the examinations or shall con-
  6       tract with a national testing service to provide an examination approved
  7       by the board. The board shall prescribe an initial examination fee not to
  8       exceed $350 as established in section 1, and amendments thereto. If an
  9       applicant fails the first examination, such applicant may be admitted to
10       any subsequent examination upon payment of an additional fee pre-
11       scribed by the board not to exceed $350. The examination fees prescribed
12       by the board under this section shall be fixed by rules and regulations of
13       the board pursuant to section 1, and amendments thereto.
14             Sec.  16. K.S.A. 74-5316 is hereby amended to read as follows: 74-
15       5316. The board may grant a license without examination, valid for a
16       period not to exceed 90 days in one calendar year, to a nonresident psy-
17       chologist who could be licensed in this state and who is temporarily em-
18       ployed to come into the state to render psychological services, the fee for
19       which shall be $15 is established in section 1, and amendments thereto.
20             Sec.  17. K.S.A. 74-5319 is hereby amended to read as follows: 74-
21       5319. Upon receipt of such application blank, a licensee shall fill out, sign
22       and forward the application to the board, together with a renewal fee
23       fixed by rules and regulations of the board of not to exceed $200 pursuant
24       to section 1, and amendments thereto. Upon receipt of such application
25       and fee, the board shall issue a renewal license for the period commencing
26       on the date on which the license is issued and expiring on June 30 of the
27       next even-numbered year. Initial licenses shall thus be for the current
28       biennium of registration.
29             Sec.  18. K.S.A. 74-5339 is hereby amended to read as follows: 74-
30       5339. After one year from the date of a revocation of a license, an appli-
31       cation for reinstatement may be made to the board, and it may order such
32       reinstatement. The board shall prescribe by rules and regulations a re-
33       instatement fee of not to exceed $200 as established in section 1, and
34       amendments thereto.
35             Sec.  19. K.S.A. 74-5349 is hereby amended to read as follows: 74-
36       5349. (a) In accordance with the provisions of this section, the board may
37       establish specialties within the practice of psychology and provide for the
38       endorsement of licensed psychologists in such specialties. The board shall
39       adopt rules and regulations applicable to the endorsement of specialties
40       which:
41             (1) Establish categories of specialties within the practice of psychol-
42       ogy which are consistent with specialties recognized by the profession of
43       psychology;

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  1             (2) establish education, training and qualifications necessary for en-
  2       dorsement for each category of specialty established by the board at a
  3       level adequate to assure the competent performance by licensed psy-
  4       chologists of the specialty such person is authorized to perform; and
  5             (3) define each category of specialty established under this section
  6       and establish limitations and restrictions on each category, as appropriate.
  7       The definition of each category of specialty established under this para-
  8       graph (a)(3) shall be consistent with the education, training and qualifi-
  9       cations required to obtain an endorsement in that category of specialty
10       and shall be consistent with the protection of the public health and safety.
11             (b) The board may fix by rule and regulation an application fee for
12       endorsement in a specialty and shall fix a biennial renewal fee for en-
13       dorsement in a specialty. The application fee and biennial renewal fee
14       shall not exceed $150. Any such fee shall be established in section 1, and
15       amendments thereto, and shall be in addition to other fees collected by
16       the board under the licensure of psychologists act of the state of Kansas.
17             (c) A licensed psychologist holding an endorsement from the board
18       in a specialty within the practice of psychology may represent to the public
19       that such person is endorsed in such specialty. It shall be unlawful for
20       any person not endorsed in a specialty within the practice of psychology
21       to intentionally represent to the public that such person is endorsed in
22       such specialty.
23             (d) This section shall be part of and supplemental to the licensure of
24       psychologists act of the state of Kansas.
25             Sec.  20. K.S.A. 1998 Supp. 74-5363 is hereby amended to read as
26       follows: 74-5363. (a) Any person who desires to be licensed under this
27       act K.S.A. 74-5361 et seq., and amendments thereto, shall apply to the
28       board in writing, on forms prepared and furnished by the board. Each
29       application shall contain appropriate documentation of the particular
30       qualifications required by the board and shall be accompanied by the
31       required fee.
32             (b) The board shall license as a licensed masters level psychologist
33       any applicant for licensure who pays the fee prescribed by the board
34       under K.S.A. 74-5365 section 1, and amendments thereto, which shall not
35       be refunded, who has satisfied the board as to such applicant's training
36       and who complies with the provisions of this subsection (b). An applicant
37       for licensure also shall submit evidence verified under oath and satisfac-
38       tory to the board that such applicant:
39             (1) Is at least 21 years of age;
40             (2) has satisfied the board that the applicant is a person who merits
41       public trust;
42             (3) has received at least a master's degree in clinical psychology based
43       on a program of studies in psychology from an educational institution

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  1       having a graduate program in psychology consistent with state universities
  2       of Kansas; or has received at least a master's degree in psychology and
  3       during such master's or post-master's coursework completed a minimum
  4       of 12 semester hours or its equivalent in psychological foundation courses
  5       such as, but not limited to, philosophy of psychology, psychology of per-
  6       ception, learning theory, history of psychology, motivation, and statistics
  7       and 24 semester hours or its equivalent in professional core courses such
  8       as, but not limited to, two courses in psychological testing, psychopa-
  9       thology, two courses in psychotherapy, personality theories, developmen-
10       tal psychology, research methods, social psychology; or has passed com-
11       prehensive examinations or equivalent final examinations in a doctoral
12       program in psychology and during such graduate program completed a
13       minimum of 12 semester hours or its equivalent in psychological foun-
14       dation courses such as, but not limited to, philosophy of psychology, psy-
15       chology of perception, learning theory, history of psychology, motivation,
16       and statistics and 24 semester hours or its equivalent in professional core
17       courses such as, but not limited to, two courses in psychological testing,
18       psychopathology, two courses in psychotherapy, personality theories, de-
19       velopmental psychology, research methods, social psychology;
20             (4) has completed 750 clock hours of academically supervised prac-
21       ticum in the master's degree program or 1,500 clock hours of postgrad-
22       uate supervised work experience;
23             (5)  (A) has completed 2,000 clock hours of postgraduate work ex-
24       perience under the supervision of a licensed psychologist or a currently
25       licensed master's level psychologist with three years' experience if such
26       applicant commenced such postgraduate work experience prior to July 1,
27       1998, or (B) if such applicant commenced such postgraduate work ex-
28       perience on or after July 1, 1998, has completed 4,000 clock hours of
29       postgraduate work experience under the supervision of a licensed psy-
30       chologist or a currently licensed master's level psychologist with three
31       years' experience;
32             (6) for applicants on and after January 1, 1997, has passed an exam-
33       ination approved by the board with a minimum score set by the board by
34       rules and regulations at 10 percentage points below the score set by the
35       board for licensed psychologists.
36             (c) The board shall adopt rules and regulations establishing the cri-
37       teria which an educational institution shall satisfy in meeting the require-
38       ments established under item (3) of subsection (b). The board may send
39       a questionnaire developed by the board to any educational institution for
40       which the board does not have sufficient information to determine
41       whether the educational institution meets the requirements of item (3)
42       of subsection (b) and rules and regulations adopted under this section.
43       The questionnaire providing the necessary information shall be com-

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  1       pleted and returned to the board in order for the educational institution
  2       to be considered for approval. The board may contract with investigative
  3       agencies, commissions or consultants to assist the board in obtaining in-
  4       formation about educational institutions. In entering such contracts the
  5       authority to approve educational institutions shall remain solely with the
  6       board.
  7             Sec.  21. K.S.A. 1998 Supp. 74-5365 is hereby amended to read as
  8       follows: 74-5365. (a) The application, issuance of a new license and re-
  9       newal fee for licensure under this act K.S.A. 74-5361 et seq., and amend-
10       ments thereto, shall be fixed by the board by rules and regulations in an
11       amount not to exceed $200 pursuant to section 1, and amendments
12       thereto.
13             (b) Fees paid to the board are not refundable.
14             (c) The application for renewal shall be accompanied by evidence
15       satisfactory to the board that the applicant has completed, during the
16       previous 24 months, the continuing education required by rules and reg-
17       ulations of the board.
18             Sec.  22. K.S.A. 1998 Supp. 74-5366 is hereby amended to read as
19       follows: 74-5366. (a) All licenses shall be effective upon the date issued
20       and shall expire at the end of 24 months from the date of issuance.
21             (b) A license may be renewed by the payment of the renewal fee and
22       the execution and submission of a signed statement, on a form provided
23       by the board, attesting that the applicant's license has been neither re-
24       voked nor currently suspended and that the applicant has met the require-
25       ments for continuing education set forth in this act K.S.A. 74-5361 et seq.,
26       and amendments thereto.
27             (c)  The application for renewal shall be made at least 30 days before
28       the date of the expiration of the license.
29             (d) If the application for renewal, including payment of the required
30       renewal fee, is not made on or before the date of the expiration of the
31       license, the license is void, and no license shall be reinstated except upon
32       payment of the required renewal fee, plus a penalty equal to the renewal
33       fee, and proof satisfactory to the board of compliance with the continuing
34       education requirements. Upon receipt of such payment and proof, the
35       board shall reinstate the license, except that no license shall be reinstated
36       if such payment and proof is received more than one year after the date
37       of expiration of the license.
38             (e) A duplicate license shall be issued by the board upon receipt of
39       a $20 fee established in section 1, and amendments thereto.
40             (f) A person registered as a masters level psychologist on December
41       30, 1996, shall be deemed to be a licensed masters level psychologist
42       under this act K.S.A. 74-5361 et seq., and amendments thereto. Such
43       person shall not be required to file an original application for licensure

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  1       under this act K.S.A. 74-5361 et seq., and amendments thereto, but shall
  2       apply to the board for a license in lieu of registration upon payment of
  3       the fee set by the board for renewal of license. Any application for reg-
  4       istration filed but which has not been granted prior to January 1, 1997,
  5       shall be processed as an application for licensure pursuant to this act
  6       K.S.A. 74-5361 et seq., and amendments thereto. For exchange of a license
  7       in lieu of registration pursuant to this subsection, a fee not to exceed
  8       $100.
  9             (g) The board shall collect a fee not to exceed $100 as established in
10       section 1, and amendments thereto, for exchange of a license in lieu of a
11       registration pursuant to subsection (f).
12             Sec.  23. K.S.A. 1998 Supp. 74-5367 is hereby amended to read as
13       follows: 74-5367. (a) The board may issue a temporary permit to practice
14       as a licensed masters level psychologist to any person who pays a fee
15       prescribed by the board under this section 1, and amendments thereto,
16       which shall not be refunded, and who: (1) Meets all the requirements for
17       licensure under this act K.S.A. 74-5361 et seq., and amendments thereto
18       as a licensed masters level psychologist, but whose application for licen-
19       sure is pending; or (2) meets all the requirements for licensure under this
20       act K.S.A. 74-5361 et seq., and amendments thereto, as a licensed masters
21       level psychologist except the requirement of postgraduate supervised
22       work experience or current employment, or both.
23             (b) A temporary permit issued by the board shall expire at such time
24       as final action on the application is completed, but all such temporary
25       permits shall expire two years after the date of issuance of the permit. A
26       temporary permit issued by the board may be renewed for one additional
27       twenty-four-month period if the board finds that satisfactory progress
28       toward the supervised experience requirement is being met.
29             (c) The board shall fix by rules and regulations fees for application
30       and renewal of each type of temporary permit under this section. The
31       application and renewal fee shall not exceed $100 except that the fee for
32       application for and renewal of the two-year temporary permit under
33       clause (1) of subsection (a) shall not exceed $200.
34             (d) The application for a temporary permit may be denied or a tem-
35       porary permit which has been issued may be suspended or revoked on
36       the same grounds as provided for suspension or revocation of a license
37       under K.S.A. 74-5369 and amendments thereto. 
38        Sec.  24. K.S.A. 65-5805, 65-6313, 65-6602, 65-6603, 74-5310a, 74-
39       5312, 74-5313, 74-5316, 74-5319, 74-5339 and 74-5349 and K.S.A. 1998
40       Supp. 65-5804, 65-5806, 65-5808, 65-5811, 65-6314, 65-6404, 65-6405,
41       65-6406, 65-6407, 65-6411, 74-5310, 74-5311, 74-5363, 74-5365, 74-5366
42       and 74-5367 are hereby repealed.

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  1        Sec.  25. This act shall take effect and be in force from and after its
  2       publication in the statute book.