Session of 2000
SENATE BILL No. 401
By Senator Salmans
1-7
9 AN ACT
concerning the behavioral sciences regulatory board; relating
10 to the professions
regulated by the board; amending K.S.A. 1998 Supp.
11 65-5808, as amended by
section 7 of chapter 117 of the 1999 Session
12 Laws of Kansas,
65-6411, as amended by section 24 of chapter 117 of
13 the 1999 Session Laws
of Kansas, and 74-5365, as amended by section
14 33 of chapter 117 of
the 1999 Session Laws of Kansas, and K.S.A. 1999
15 Supp. 65-6314, and
repealing the existing sections.
16
17 Be it enacted by the Legislature of the
State of Kansas:
18 New Section
1. (a) There is hereby created a designation of exempt
19 license. The board may issue an exempt
license to any licensee who makes
20 written application for such license on a
form provided by the board, who
21 remits the fee for an exempt license
established pursuant to K.S.A. 65-
22 5808, and amendments thereto, and who is
not regularly engaged in the
23 practice of professional counseling in
Kansas but volunteers professional
24 counseling services. Such volunteer service
may be gratuitous or for a fee
25 paid by the mental health center. Such
volunteer service shall not include
26 any fees being paid directly by a client to
a licensee. Each exempt license
27 may be renewed biennially subject to the
provisions of this section. Each
28 exempt licensee shall be subject to all
provisions of the professional coun-
29 selors licensure act, except as otherwise
provided in this subsection. The
30 holder of an exempt license shall not be
required to submit evidence of
31 satisfactory completion of a program of
continuing education required by
32 K.S.A. 65-5806, and amendments thereto.
Each exempt licensee may
33 apply for a license to regularly engage in
the practice of professional
34 counseling upon filing a written
application with the board. The request
35 shall be on a form provided by the board
and shall be accompanied by
36 the license fee established pursuant to
K.S.A. 65-5808, and amendments
37 thereto. The board shall adopt rules and
regulations establishing appro-
38 priate continuing education requirements
for exempt licensees to become
39 licensed to regularly practice professional
counseling within Kansas.
40 (b) There is
hereby created a designation of inactive license. The
41 board may issue an inactive license to any
licensee who makes written
42 application for such license on a form
provided by the board, who remits
43 the fee for an inactive license established
pursuant to K.S.A. 65-5808, and
2
1 amendments thereto, who is not
regularly engaged in the practice of
2 professional counseling in Kansas and
who does not hold oneself out to
3 the public as being professionally
engaged in such practice. An inactive
4 license shall not entitle the holder
to practice professional counseling in
5 this state. Each inactive license may
be renewed biennially subject to the
6 provisions of this section. Each
inactive licensee shall be subject to all
7 provisions of the professional
counselors licensure act, except as otherwise
8 provided in this subsection. The
holder of an inactive license shall not be
9 required to submit evidence of
satisfactory completion of a program of
10 continuing education required by K.S.A.
65-5806, and amendments
11 thereto. Each inactive licensee may apply
for a license to regularly engage
12 in the practice of professional counseling
upon filing a written application
13 with the board. The request shall be on a
form provided by the board
14 and shall be accompanied by the license fee
established pursuant to
15 K.S.A. 65-5808, and amendments thereto. The
board shall adopt rules
16 and regulations establishing appropriate
continuing education require-
17 ments for inactive licensees to become
licensed to regularly practice pro-
18 fessional counseling within Kansas.
19 (c) This section
shall be part of and supplemental to the professional
20 counselors licensure act.
21 Sec.
2. K.S.A. 1998 Supp. 65-5808, as amended by section 7 of
chap-
22 ter 117 of the 1999 Session Laws of Kansas,
is hereby amended to read
23 as follows: 65-5808. (a) The board
shall fix by rules and regulations the
24 following fees:
25 (1) For
application for licensure, not more than $100;
26 (2) for an
original license, not more than $175;
27 (3) for
examination, not more than $175;
28 (4) for renewal
of a license, not more than $150;
29 (5) for
reinstatement of a license, not more than $175;
30 (6) for
replacement of a license, not more than $20;
31 (7) for
application for licensure as a clinical professional counselor,
32 not more than $175;
33 (8) for renewal
for licensure as a clinical professional counselor, not
34 more than $175;
35 (9) for late
renewal penalty, an amount equal to the fee for renewal
36 of a license; and
37 (10) for exchange
of a license in lieu of registration pursuant to sub-
38 section (b) of K.S.A. 65-5811 and
amendments thereto, not to exceed
39 $150.; and
40 (11) for an
original exempt or inactive license or for renewal of an
41 exempt or inactive license, not more
than $10.
42 (b) Fees paid to
the board are not refundable.
43 New Sec.
3. (a) There is hereby created a designation of exempt
3
1 license. The board may issue an
exempt license to any licensee who makes
2 written application for such license
on a form provided by the board, who
3 remits the fee for an exempt license
established pursuant to K.S.A. 65-
4 6314, and amendments thereto, and who
is not regularly engaged in social
5 work practice in Kansas but
volunteers such social work practice. Such
6 volunteer practice may be gratuitous
or for a fee paid by the mental health
7 center. Such volunteer practice shall
not include any fees being paid di-
8 rectly by a client to a licensee.
Each exempt license may be renewed
9 biennially subject to the provisions
of this section. Each exempt licensee
10 shall be subject to all provisions of
article 63 of chapter 65 of the Kansas
11 Statutes Annotated, and amendments thereto,
except as otherwise pro-
12 vided in this subsection. The holder of an
exempt license shall not be
13 required to submit evidence of satisfactory
completion of a program of
14 continuing education required by K.S.A.
65-6313, and amendments
15 thereto. Each exempt licensee may apply for
a license to regularly engage
16 in the social work practice upon filing a
written application with the board.
17 The request shall be on a form provided by
the board and shall be ac-
18 companied by the license fee established
pursuant to K.S.A. 65-6314, and
19 amendments thereto. The board shall adopt
rules and regulations estab-
20 lishing appropriate continuing education
requirements for exempt li-
21 censees to become licensed to regularly
provide social work practice
22 within Kansas.
23 (b) There is
hereby created a designation of inactive license. The
24 board may issue an inactive license to any
licensee who makes written
25 application for such license on a form
provided by the board, who remits
26 the fee for an inactive license established
pursuant to K.S.A. 65-6314, and
27 amendments thereto, who is not regularly
engaged in social work practice
28 in Kansas and who does not hold oneself out
to the public as being pro-
29 fessionally engaged in such practice. An
inactive license shall not entitle
30 the holder to provide social work practice
in this state. Each inactive
31 license may be renewed biennially subject
to the provisions of this section.
32 Each inactive licensee shall be subject to
all provisions of article 63 of
33 chapter 65 of the Kansas Statutes
Annotated, and amendments thereto,
34 except as otherwise provided in this
subsection. The holder of an inactive
35 license shall not be required to submit
evidence of satisfactory completion
36 of a program of continuing education
required by K.S.A. 65-6313, and
37 amendments thereto. Each inactive licensee
may apply for a license to
38 regularly engage in the social work
practice upon filing a written appli-
39 cation with the board. The request shall be
on a form provided by the
40 board and shall be accompanied by the
license fee established pursuant
41 to K.S.A. 65-6314, and amendments thereto.
The board shall adopt rules
42 and regulations establishing appropriate
continuing education require-
43 ments for inactive licensees to become
licensed to regularly provide social
4
1 work practice within Kansas.
2 (c) This
section shall be part of and supplemental to article 63 of
3 chapter 65 of the Kansas Statutes
Annotated, and amendments thereto.
4 Sec.
4. K.S.A. 1999 Supp. 65-6314 is hereby amended to read as
5 follows: 65-6314. (a) The
following fees shall be established by the
6 board by rules and regulations in
accordance with the following
7 limitations:
8 (1) Renewal
or reinstatement fee for a license as a social work asso-
9 ciate shall be not more than
$150.
10 (2) Application,
new license, reinstatement or renewal fee for a li-
11 cense as a baccalaureate social worker
shall be not more than $150.
12 (3) Application,
new license, reinstatement or renewal fee for a li-
13 cense as master social worker shall be not
more than $150.
14 (4) Application,
new license, reinstatement or renewal fee for a li-
15 cense in a social work specialty shall be
not more than $150.
16 (5) Examination
fee for a license as a baccalaureate social worker, for
17 a license as a master social worker or for
a license in a social work specialty
18 shall be not more than $200. If an
applicant fails an examination, such
19 applicant may be admitted to subsequent
examinations upon payment of
20 an additional fee prescribed by the board
of not more than $200.
21 (6) Replacement
fee for reissuance of a license certificate due to loss
22 or name change shall be not more than
$20.
23 (7) Temporary
license fee for a baccalaureate social worker, master
24 social worker or a social work specialty
shall be not more than $50.
25 (8) Application
fee for approval as board-approved continuing edu-
26 cation sponsors shall be as follows:
27 (A) Initial
application fee for one year provisionally approved provid-
28 ers shall be not more than $125;
29 (B) three-year
renewal fees for approved providers shall be not more
30 than $350; and
31 (C) application
fees for single program providers shall be not more
32 than $50 for each separately offered
continuing education activity for
33 which prior approval is sought.
34 (9) New
license or renewal fee for an exempt or inactive license
shall
35 be not more than $10.
36 (b) Fees paid to
the board are not refundable.
37 New Sec.
5. (a) There is hereby created a designation of exempt
38 license. The board may issue an exempt
license to any licensee who makes
39 written application for such license on a
form provided by the board, who
40 remits the fee for an exempt license
established pursuant to K.S.A. 65-
41 6411, and amendments thereto, and who is
not regularly engaged in the
42 practice of marriage and family therapy in
Kansas but volunteers marriage
43 and family therapy. Such volunteer therapy
may be gratuitous or for a fee
5
1 paid by the mental health center.
Such volunteer therapy shall not include
2 any fees being paid directly by a
client to a licensee. Each exempt license
3 may be renewed biennially subject to
the provisions of this section. Each
4 exempt licensee shall be subject to
all provisions of the marriage and
5 family therapists licensure act,
except as otherwise provided in this sub-
6 section. The holder of an exempt
license shall not be required to submit
7 evidence of satisfactory completion
of a program of continuing education
8 required by K.S.A. 65-6407, and
amendments thereto. Each exempt li-
9 censee may apply for a license to
regularly engage in the practice of
10 marriage and family therapy upon filing a
written application with the
11 board. The request shall be on a form
provided by the board and shall
12 be accompanied by the license fee
established pursuant to K.S.A. 65-
13 6411, and amendments thereto. The board
shall adopt rules and regula-
14 tions establishing appropriate continuing
education requirements for ex-
15 empt licensees to become licensed to
regularly practice marriage and
16 family therapy within Kansas.
17 (b) There is
hereby created a designation of inactive license. The
18 board may issue an inactive license to any
licensee who makes written
19 application for such license on a form
provided by the board, who remits
20 the fee for an inactive license established
pursuant to K.S.A. 65-6411, and
21 amendments thereto, who is not regularly
engaged in the practice of
22 marriage and family therapy in Kansas and
who does not hold oneself out
23 to the public as being professionally
engaged in the practice of marriage
24 and family therapy. An inactive license
shall not entitle the holder to
25 provide marriage and family therapy in this
state. Each inactive license
26 may be renewed biennially subject to the
provisions of this section. Each
27 inactive licensee shall be subject to all
provisions of the marriage and
28 family therapists licensure act, except as
otherwise provided in this sub-
29 section. The holder of an inactive license
shall not be required to submit
30 evidence of satisfactory completion of a
program of continuing education
31 required by K.S.A. 65-6407, and amendments
thereto. Each inactive li-
32 censee may apply for a license to regularly
engage in the practice of
33 marriage and family therapy upon filing a
written application with the
34 board. The request shall be on a form
provided by the board and shall
35 be accompanied by the license fee
established pursuant to K.S.A. 65-
36 6411, and amendments thereto. The board
shall adopt rules and regula-
37 tions establishing appropriate continuing
education requirements for in-
38 active licensees to become licensed to
regularly practice marriage and
39 family therapy within Kansas.
40 (c) This section
shall be part of and supplemental to the marriage and
41 family therapists licensure act.
42 Sec.
6. K.S.A. 1998 Supp. 65-6411, as amended by section 24 of
43 chapter 117 of the 1999 Session Laws of
Kansas, is hereby amended to
6
1 read as follows: 65-6411. (a) The
board shall fix by rules and regulations
2 and shall collect the following
fees:
3 (1) For
application for licensure, not to exceed $150;
4 (2) for
original licensure, not to exceed $175;
5 (3) for
examination, not to exceed $275;
6 (4) for
renewal of a license, not to exceed $175;
7 (5) for
application for licensure as a clinical marriage and family
ther-
8 apist, not to exceed $175;
9 (6) for
renewal for licensure as a clinical marriage and family thera-
10 pist, not to exceed $175;
11 (7) for
reinstatement of a license, not to exceed $175;
12 (8) for
replacement of a license, not to exceed $20;
and
13 (9) for late
charges, not to exceed $5 for each 30 days of delay beyond
14 the date the renewal application was to be
made.; and
15 (10) for
original exempt or inactive license or for renewal of an
exempt
16 or inactive license, not to exceed
$10.
17 (b) Fees paid to
the board are not refundable.
18 New Sec.
7. (a) There is hereby created a designation of exempt
19 license. The board may issue an exempt
license to any licensee who makes
20 written application for such license on a
form provided by the board, who
21 remits the fee for an exempt license
established pursuant to K.S.A. 74-
22 5365, and amendments thereto, and who is
not regularly engaged in the
23 practice of psychology in Kansas but
volunteers such practice of psy-
24 chology. Such volunteer practice may be
gratuitous or for a fee paid by
25 the mental health center. Such volunteer
practice shall not include any
26 fees being paid directly by a client to a
licensee. Each exempt license may
27 be renewed biennially subject to the
provisions of this section. Each ex-
28 empt licensee shall be subject to all
provisions of the licensure of psy-
29 chologists act, except as otherwise
provided in this subsection. The holder
30 of an exempt license shall not be required
to submit evidence of satisfac-
31 tory completion of a program of continuing
education required by K.S.A.
32 74-5365, and amendments thereto. Each
exempt licensee may apply for
33 a license to regularly engage in the
practice of psychology upon filing a
34 written application with the board. The
request shall be on a form pro-
35 vided by the board and shall be accompanied
by the license fee estab-
36 lished pursuant to K.S.A. 74-5365, and
amendments thereto. The board
37 shall adopt rules and regulations
establishing appropriate continuing ed-
38 ucation requirements for exempt licensees
to become licensed to regu-
39 larly practice psychology within
Kansas.
40 (b) There is
hereby created a designation of inactive license. The
41 board may issue an inactive license to any
licensee who makes written
42 application for such license on a form
provided by the board, who remits
43 the fee for an inactive license established
pursuant to K.S.A. 74-5365, and
7
1 amendments thereto, who is not
regularly engaged in the practice of
2 psychology in Kansas and who does not
hold oneself out to the public as
3 being professionally engaged in the
practice of psychology. An inactive
4 license shall not entitle the holder
to provide the practice of psychology
5 in this state. Each inactive license
may be renewed biennially subject to
6 the provisions of this section. Each
inactive licensee shall be subject to
7 all provisions of the licensure of
psychologists act, except as otherwise
8 provided in this subsection. The
holder of an inactive license shall not be
9 required to submit evidence of
satisfactory completion of a program of
10 continuing education required by K.S.A.
74-5365, and amendments
11 thereto. Each inactive licensee may apply
for a license to regularly engage
12 in the practice of psychology upon filing a
written application with the
13 board. The request shall be on a form
provided by the board and shall
14 be accompanied by the license fee
established pursuant to K.S.A. 74-
15 5365, and amendments thereto. The board
shall adopt rules and regula-
16 tions establishing appropriate continuing
education requirements for in-
17 active licensees to become licensed to
regularly practice psychology
18 within Kansas.
19 (c) This section
shall be part of and supplemental to the licensure of
20 psychologists act.
21 Sec.
8. K.S.A. 1998 Supp. 74-5365, as amended by section 33 of
22 chapter 117 of the 1999 Session Laws of
Kansas, is hereby amended to
23 read as follows: 74-5365. (a) The
application, issuance of a new license
24 and renewal fee for licensure under this
act shall be fixed by the board
25 by rules and regulations in an amount not
to exceed $200.
26 (b) The
issuance of a new exempt or inactive license fee and
renewal
27 of an exempt or inactive license fee
shall be fixed by the board by rules
28 and regulations in an amount not to
exceed $10.
29 (b)
(c) Fees paid to the board are not refundable.
30 (c)
(d) The application for renewal shall be accompanied by
evidence
31 satisfactory to the board that the
applicant has completed, during the
32 previous 24 months, the continuing
education required by rules and reg-
33 ulations of the board. As part of such
continuing education, a licensed
34 masters level psychologist and a licensed
clinical psychotherapist shall
35 complete not less than six continuing
education hours relating to diagnosis
36 and treatment of mental disorders and not
less than three continuing
37 education hours of professional
ethics.
38 Sec. 9. K.S.A. 1998 Supp.
65-5808, as amended by section 7 of chap-
39 ter 117 of the 1999 Session Laws of Kansas,
65-6411, as amended by
40 section 24 of chapter 117 of the 1999
Session Laws of Kansas, and 74-
41 5365, as amended by section 33 of chapter
117 of the 1999 Session Laws
42 of Kansas, and K.S.A. 1999 Supp. 65-6314
are hereby repealed.
8
1 Sec. 10. This act
shall take effect and be in force from and after its
2 publication in the statute book.