Session of 2000
         
SENATE BILL No. 626
         
By Committee on Public Health and Welfare
         
2-11
         
  9             AN  ACT establishing the board of social work; providing for the powers,
10             duties and functions thereof; amending K.S.A. 65-6302, as amended
11             by section 11 of chapter 117 of the 1999 Session Laws of Kansas, and
12             K.S.A. 1999 Supp. 74-7501 and 74-7507 and repealing the existing
13             sections.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             New Section  1. (a) The responsibility for enforcement of the provi-
17       sions of this act is hereby vested in the board of social work which is
18       hereby established. The board shall have all of the duties, powers and
19       authority specifically granted by or necessary for the enforcement of this
20       act, as well as such other duties, powers and authority as it may be granted
21       by applicable law.
22             (b) The board shall consist of five members, one of whom shall be a
23       representative of the public, and four of whom shall be social workers,
24       who possess the qualifications specified in subsection (c). The board shall
25       at all times be comprised of one baccalaureate social worker, one master's
26       social worker and two clinical social workers. The governor shall appoint
27       the members of the board in accordance with the provisions of this act.
28             (c)  (1) Each social worker member of the board shall at all times as
29       a board member:
30             (A) Be a resident of this state;
31             (B) be currently licensed and in good standing to engage in the prac-
32       tice of social work in this state;
33             (C) at the time of appointment, have been actively engaged in the
34       practice of social work, for at least one out of the last five years; and
35             (D) have at least three years of experience in the practice of social
36       work.
37             (2) The public member of the board shall be a resident of this state
38       who has attained the age of majority and shall not be or ever have been
39       a baccalaureate social worker, master's social worker or clinical social
40       worker, or the spouse thereof, or a person who has ever had any material
41       financial interest in the provision of social work services or who has en-
42       gaged in any activity directly related to the practice of social work.
43             (d) Except as provided in subsection (e), members of the board shall


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  1       be appointed for a term of four years, except that members of the board
  2       who are appointed to fill vacancies which occur prior to the expiration of
  3       a former member's full term shall serve the unexpired portion of such
  4       term.
  5             (e) The terms of the members of the board shall be staggered. Each
  6       member shall serve until a successor is appointed and qualified. Of the
  7       members first appointed to the board, two shall be appointed for two-
  8       year terms, two shall be appointed for three-year terms and one shall be
  9       appointed for a four-year term.
10             (f) No member of the board shall serve more than two consecutive
11       full terms. The completion of the unexpired portion of a full term shall
12       not constitute a full term for purposes of this section.
13             (g) Any vacancy which occurs in the membership of the board for
14       any reason, including expiration of term, removal, resignation, death, dis-
15       ability or disqualification shall be filled by the governor in the manner
16       prescribed by subsection (b).
17             (h)  (1) A board member may be removed upon one or more of the
18       following grounds:
19             (A) The refusal or inability for any reason of a board member to
20       perform the duties as a member of the board in an efficient, responsible
21       and professional manner;
22             (B) the misuse of office by a member of the board to obtain pecuniary
23       or material gain or advantage personally or for another though such office;
24             (C) the violation by any member of the laws governing the practice
25       of social work; or
26             (D) for other just and reasonable causes as determined solely by the
27       board pursuant to applicable law.
28             (2) Removal of a member of the board shall be in accordance with
29       the administrative procedures act of this state.
30             (i)  (1) The board shall elect from its members a chairperson and such
31       other officers as it deems appropriate and necessary to the conduct of its
32       business. The chairperson shall preside at all meetings of the board and
33       shall be responsible for the performance of all of the duties and functions
34       of the board required or permitted by this act. Each additional officer
35       elected by the board shall perform those duties customarily associated
36       with the position and such other duties assigned from time to time by the
37       board.
38             (2) Officers elected by the board shall serve terms of one year com-
39       mencing with the day of their election and ending upon election of their
40       successors and shall serve no more than three consecutive full terms in
41       each office to which they are elected.
42             (3) The board shall employ an executive director to serve as a full-
43       time employee of the board. The executive director shall be responsible


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  1       for the performance of the administrative functions of the board and such
  2       other duties as the board may direct.
  3             (j)  (1) The board shall meet at least once every three months to trans-
  4       act its business. The board shall meet at such additional times as it may
  5       determine. Such additional meetings may be called by the chairperson of
  6       the board or by 2/3 of the members of the board.
  7             (2) The board shall meet at such place as it may from time to time
  8       determine. The place for each meeting shall be determined prior to giving
  9       notice of such meeting and shall not be changed after such notice is given
10       without adequate prior notice.
11             (3) A majority of the members of the board shall constitute a quorum
12       for the conduct of a board meeting and, except where a greater number
13       is required by this act or by any rule and regulation of the board, all
14       actions of the board shall be by a majority of a quorum.
15             (4) All board meetings and hearings shall be open to the public. The
16       board may, in its discretion and according to law, conduct any portion of
17       its meeting in executive session, closed to the public.
18             (k) The board may, in its discretion, employ persons in addition to
19       the executive director in such other positions or capacities as it deems
20       necessary to the proper conduct of board business and to the fulfillment
21       of the board's responsibilities as defined by this act.
22             (l) Members of the board attending meetings of the board or attend-
23       ing a subcommittee meeting thereof authorized by the board shall be
24       paid compensation, subsistence allowances, mileage and other expenses
25       as provided in K.S.A. 75-3223 and amendments thereto.
26             New Sec.  2. (a) As provided by law the board shall be responsible
27       for the control and regulation of the practice of social work in this state
28       including, but not limited to, the following:
29             (1) The licensing by examination or by licensure transfer of applicants
30       who are qualified to engage in the practice of social work under the
31       provisions of law;
32             (2) the renewal of licenses to engage in the practice of social work;
33             (3) the establishment and enforcement of compliance with profes-
34       sional standards of practice and rules of conduct of social workers engaged
35       in the practice of social work;
36             (4) the determination and issuance of standards for recognition and
37       approval of degree programs of schools and colleges of social work whose
38       graduate shall be eligible for licensure in this state, and the specification
39       and enforcement of requirements for practical training;
40             (5) the enforcement of those provisions of law relating to the conduct
41       or competence of social workers practicing in this state, investigate any
42       such activities related to the practice or unauthorized practice of social
43       work and the suspension, revocation or restriction of licenses to engage


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  1       in the practice of social work;
  2             (6) the collection of professional demographic data;
  3             (7) the issuance and renewal of licenses of all persons engaged in the
  4       practice of social work; and
  5             (8) inspection of any licensed person at all reasonable hours for the
  6       purpose of determining if any provisions of the laws governing the prac-
  7       tice of social work are being violated.
  8             (b) The board shall have such other duties, powers and authority as
  9       may be necessary to the enforcement of this act and to the enforcement
10       of board rules and regulations made pursuant thereto, which shall include,
11       but not be limited to, the following:
12             (1) The board may join such professional organizations and associa-
13       tions organized exclusively to promote the improvement of the standards
14       of the practice of social work for the protection of the health and welfare
15       of the public and organizations and associations whose activities assist and
16       facilitate the work of the board.
17             (2) The board may receive and expend funds, in addition to moneys
18       appropriated to the board, from parties other than the state, if:
19             (A) Such funds are awarded for the pursuit of a specific objective
20       which the board is authorized to accomplish by law, or which the board
21       is qualified to accomplish by reason of its jurisdiction or professional
22       expertise;
23             (B) such funds are expended for the pursuit of the objective for which
24       they are awarded;
25             (C) activities connected with or occasioned by the expenditures of
26       such funds do not interfere with the performance of the board's duties
27       and responsibilities and do not conflict with the exercise of the board's
28       powers;
29             (D) such funds are kept in a separate account; and
30             (E) periodic reports are made concerning the board's receipt and
31       expenditure of such funds.
32             (3) The board may establish a bill of rights for clients concerning the
33       services a client may expect in regard to social work services.
34             (4) Any investigation, inquiry or hearing which the board is empow-
35       ered to hold or undertake may be held or undertaken by or before any
36       member or members of the board and the finding or order of such mem-
37       ber or members shall be deemed to be the order of the board when
38       approved and confirmed by the board.
39             (5) The board shall report any violation of this act which is deemed
40       as violative of applicable criminal statutes to the attorney general. The
41       attorney general shall cause appropriate proceedings to be instituted in
42       the proper court in a timely manner and to be prosecuted in the manner
43       required by law. Nothing in this paragraph shall be construed to require


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  1       the board to report violations whenever the board believes that public's
  2       interest will be adequately served in the circumstances by a suitable writ-
  3       ten notice or warning.
  4             (6) The board shall have the power to subpoena and to bring before
  5       it any person and to take testimony either orally or by deposition, or both,
  6       in the same manner as prescribed in civil cases in the courts of this state.
  7       Any member of the board, hearing officer or administrative law judge
  8       shall have power to administer oaths to witnesses at any hearing which
  9       the board is authorized to conduct, and any other oaths authorized in any
10       act administered by the board.
11             (7) In addition to the fees specifically provided for by law, the board
12       may assess additional reasonable fees for services rendered to carry out
13       its duties and responsibilities as required or authorized by law. Such serv-
14       ices rendered shall include, but not be limited to, the following:
15             (A) Issuance of duplicate certificates or identification cards;
16             (B) mailing lists, or reports of data maintained by the board;
17             (C) copies of any documents;
18             (D) certification of documents;
19             (E) notices of meetings;
20             (F) licensure transfer;
21             (G) examination administration to a licensure applicant;
22             (H) examination materials.
23             (8) The board may adopt such rules and regulations as necessary for
24       the administration of the powers and duties of the board.
25             New Sec.  3. (a) The board shall remit all moneys received by or for
26       the board from fees, charges or penalties to the state treasurer at least
27       monthly. Upon receipt of any such remittance the state treasurer shall
28       deposit the entire amount thereof in the state treasury. Twenty percent
29       of such amount shall be credited to the state general fund and the balance
30       shall be credited to the social work fee fund. All expenditures from the
31       social work fee fund shall be made in accordance with appropriation acts
32       upon warrants of the director of accounts and reports issued pursuant to
33       vouchers approved by the chairperson of the board or by a person or
34       persons designated by the chairperson.
35             (b) On the effective date of this act, the director of accounts and
36       reports shall transfer all moneys in the behavioral sciences regulatory
37       board fee fund which are attributable to fees paid into the fee fund by
38       social workers licensed by the behavioral sciences regulatory board to the
39       social work fee fund.
40             New Sec.  4. (a) On July 1, 2000, all of the powers, duties and func-
41       tions of the behavioral sciences regulatory board which relate to the reg-
42       ulation of social workers are hereby transferred to and conferred and
43       imposed upon the board of social work.


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  1             (b) The board of social work shall be the successor in every way to
  2       the powers, duties and functions of the behavioral sciences regulatory
  3       board which relate to the regulation of social workers, in which the same
  4       were vested prior to the effective date of this act, except as otherwise
  5       provided by this act. Every act performed in the exercise of such powers,
  6       duties and functions by or under the authority of the board of social work
  7       shall be deemed to have the same force and effect as if performed by the
  8       behavioral sciences regulatory board, in which the same were vested prior
  9       to the effective date of this act.
10             (c) Whenever the behavioral sciences regulatory board, or words of
11       like effect, in regard to the regulation of social workers, are referred to
12       or designated by a statute, contract or other document, such reference
13       or designation shall be deemed to apply to the board of social work.
14             (d) All rules and regulations of the behavioral sciences regulatory
15       board which relate to the regulation of social workers, shall continue to
16       be effective and shall be deemed to be duly adopted rules and regulations
17       of the board of social work, until revised, amended, revoked or nullified
18       pursuant to law. The board of social work shall review such rules and
19       regulations and shall adopt new rules and regulations, if necessary, pur-
20       suant to K.S.A. 77-415 et seq., and amendments thereto.
21             Sec.  5. K.S.A. 65-6302, as amended by section 11 of chapter 117 of
22       the 1999 Session Laws of Kansas, is hereby amended to read as follows:
23       65-6302. As used in this act, unless the context clearly requires otherwise,
24       the following words and phrases shall have the meaning ascribed to them
25       in this section:
26             (a) ``Board'' means the behavioral sciences regulatory board of social
27       work created by K.S.A. 74-7501 section 1 and amendments thereto.
28             (b) ``Social work practice'' means the professional activity of helping
29       individuals, groups or communities enhance or restore their capacity for
30       physical, social and economic functioning and the professional application
31       of social work values, principles and techniques in areas such as psycho-
32       therapy, social service administration, social planning, social work con-
33       sultation and social work research to one or more of the following ends:
34       Helping people obtain tangible services; counseling with individuals, fam-
35       ilies and groups; helping communities or groups provide or improve social
36       and health services; and participating in relevant social action. The prac-
37       tice of social work requires knowledge of human development and be-
38       havior; of social, economic and cultural institutions and forces; and of the
39       interaction of all these factors. Social work practice includes the teaching
40       of practicum courses in social work and includes the diagnosis and treat-
41       ment of mental disorders as authorized under K.S.A. 65-6306 and 65-
42       6319, and amendments thereto.
43             (c) ``Psychotherapy'' means the use of psychological and social meth-


7

  1       ods within a professional relationship, to assist the person or persons to
  2       achieve a better psychosocial adaptation to acquire greater human reali-
  3       zation of psychosocial potential and adaptation; to modify internal and
  4       external conditions which affect individuals, groups or communities in
  5       respect to behavior, emotions and thinking, in respect to their intra-per-
  6       sonal and inter-personal processes. Forms of psychotherapy include but
  7       are not restricted to individual psychotherapy, conjoint marital therapy,
  8       family therapy and group psychotherapy.
  9             Sec.  6. K.S.A. 1999 Supp. 74-7501 is hereby amended to read as
10       follows: 74-7501. (a) There is hereby created a behavioral sciences reg-
11       ulatory board consisting of 11 nine members appointed by the governor.
12       The membership of the board shall be as follows: Two members of the
13       board shall be licensed psychologists; two members of the board shall be
14       licensed to engage in the practice of social work; one member of the
15       board shall be a professional counselor; one member of the board shall
16       be a marriage and family therapist and one member of the board shall be
17       a registered masters level psychologist who on January 1, 1997, will be-
18       come a licensed masters level psychologist; and four members of the
19       board shall be from and represent the general public. Each member of
20       the board shall be a citizen of the United States and a resident of this
21       state.
22             (b) The term of office of each member of the board shall be four
23       years, except that the term of office of the new members appointed pur-
24       suant to this act, one member shall be appointed for a term of two years,
25       one member shall be appointed for a term of three years and two mem-
26       bers shall be appointed for terms of four years. The governor shall des-
27       ignate the term of office for each member appointed to the board pur-
28       suant to this act. No member of the board shall be appointed for more
29       than two successive terms. Upon the expiration of a member's term of
30       office, the governor shall appoint a qualified successor. Each member
31       shall serve until a successor is appointed and qualified. Whenever a va-
32       cancy occurs in the membership of the board prior to the expiration of a
33       term of office, the governor shall appoint a qualified successor to fill the
34       unexpired term. The governor may remove any member of the board for
35       misconduct, incompetency or neglect of duty.
36             (c) The board shall organize annually at its first meeting subsequent
37       to June 30 and shall select from its members a chairperson and a vice-
38       chairperson. Other meetings shall be held as the board designates. A
39       majority of members appointed to the board shall constitute a quorum
40       for the transaction of business.
41             (d) The board may appoint an executive director who shall be in the
42       unclassified service of the Kansas civil service act and shall receive an
43       annual salary fixed by the board, subject to approval by the governor. The


8

  1       board may employ clerical personnel and other assistants, all of whom
  2       shall be in the classified service under the Kansas civil service act. The
  3       board may make and enter into contracts of employment with such pro-
  4       fessional personnel as necessary, in the board's judgment, for the per-
  5       formance of its duties and functions and the execution of its powers.
  6             (e) Members of the behavioral sciences regulatory board attending
  7       meetings of the board, or attending a subcommittee meeting thereof au-
  8       thorized by the board, shall be paid compensation, subsistence allow-
  9       ances, mileage and other expenses as provided in K.S.A. 75-3223, and
10       amendments thereto.
11             Sec.  7. K.S.A. 1999 Supp. 74-7507 is hereby amended to read as
12       follows: 74-7507. The behavioral sciences regulatory board shall have the
13       following powers, duties and functions:
14             (a) Recommend to the appropriate district or county attorneys pros-
15       ecution for violations of this act, the licensure of psychologists act of the
16       state of Kansas, the professional counselors licensure act, K.S.A. 65-6301
17       to 65-6318, inclusive, and amendments thereto, K.S.A 74-5361 to 74-
18       5372, inclusive, and amendments thereto, the marriage and family ther-
19       apists licensure act or the alcohol and other drug abuse counselor regis-
20       tration act;
21             (b) compile and publish annually a list of the names and addresses of
22       all persons who are licensed under this act, are licensed under the licen-
23       sure of psychologists act of the state of Kansas, are licensed under the
24       professional counselors licensure act, are licensed under K.S.A. 65-6301
25       to 65-6318, inclusive, and amendments thereto, are licensed under K.S.A.
26       74-5361 to 74-5372, inclusive, and amendments thereto, are licensed un-
27       der the marriage and family therapists licensure act or are registered
28       under the alcohol and other drug abuse counselor registration act;
29             (c) prescribe the form and contents of examinations required under
30       this act, the licensure of psychologists act of the state of Kansas, the
31       professional counselors licensure act, K.S.A. 65-6301 to 65-6318, inclu-
32       sive, and amendments thereto, K.S.A. 74-5361 to 74-5372, inclusive, and
33       amendments thereto, the marriage and family therapists licensure act or
34       the alcohol and other drug abuse counselor registration act;
35             (d) enter into contracts necessary to administer this act, the licensure
36       of psychologists act of the state of Kansas, the professional counselors
37       licensure act, K.S.A. 65-6301 to 65-6318, inclusive, and amendments
38       thereto, K.S.A. 74-5361 to 74-5372, inclusive, and amendments thereto,
39       the marriage and family therapists licensure act or the alcohol and other
40       drug abuse counselor registration act;
41             (e) adopt an official seal;
42             (f) adopt and enforce rules and regulations for professional conduct
43       of persons licensed under the licensure of psychologists act of the state


9

  1       of Kansas, licensed under the professional counselors licensure act, li-
  2       censed under K.S.A. 65-6301 to 65-6318, inclusive, and amendments
  3       thereto, licensed under K.S.A. 74-5361 to 74-5372, inclusive, and amend-
  4       ments thereto, licensed under the marriage and family therapists licen-
  5       sure act or registered under the alcohol and other drug abuse counselor
  6       registration act;
  7             (g) adopt and enforce rules and regulations establishing requirements
  8       for the continuing education of persons licensed under the licensure of
  9       psychologists act of the state of Kansas, licensed under the professional
10       counselors licensure act, licensed under K.S.A. 65-6301 to 65-6318, in-
11       clusive, and amendments thereto, licensed under K.S.A. 74-5361 to 74-
12       5372, inclusive, and amendments thereto, licensed under the marriage
13       and family therapists licensure act or registered under the alcohol and
14       other drug abuse counselor registration act;
15             (h) adopt rules and regulations establishing classes of social work spe-
16       cialties which will be recognized for licensure under K.S.A. 65-6301 to
17       65-6318, inclusive, and amendments thereto;
18             (i) (h) adopt rules and regulations establishing procedures for exam-
19       ination of candidates for licensure under the licensure of psychologists
20       act of the state of Kansas, for licensure under the professional counselors
21       licensure act, for licensure under K.S.A. 65-6301 to 65-6318, inclusive,
22       and amendments thereto, for licensure under K.S.A. 74-5361 to 74-5372,
23       inclusive, and amendments thereto, for licensure under the marriage and
24       family therapists licensure act, for registration under the alcohol and other
25       drug abuse counselor registration act and for issuance of such certificates
26       and such licenses;
27             (j) (i) adopt rules and regulations as may be necessary for the admin-
28       istration of this act, the licensure of psychologists act of the state of Kan-
29       sas, the professional counselors licensure act, K.S.A. 65-6301 to 65-6318,
30       inclusive, and amendments thereto, K.S.A. 74-5361 to 74-5372, inclusive,
31       and amendments thereto, the marriage and family therapists licensure act
32       and the alcohol and other drug abuse counselor registration act and to
33       carry out the purposes thereof;
34             (k) (j) appoint an executive director and other employees as provided
35       in K.S.A. 74-7501 and amendments thereto; and
36             (l) (k) exercise such other powers and perform such other functions
37       and duties as may be prescribed by law. 
38       Sec.  8. K.S.A. 65-6302, as amended by section 11 of chapter 117 of
39       the 1999 Session Laws of Kansas, and K.S.A. 1999 Supp. 74-7501 and
40       74-7507 are hereby repealed.
41        Sec.  9. This act shall take effect and be in force from and after its
42       publication in the statute book.