Session of 2000
Substitute for Sub. for SENATE BILL No. 554
By Committee on Public Health and Welfare
4-28
9 AN ACT
concerning behavioral sciences; relating to professional coun-
10 selors; concerning
licensure of psychologists; amending K.S.A. 74-
11 5318, as amended by
section 27 of chapter 117 of the 1999 Session
12 Laws of Kansas,
74-5319, 74-5321 and K.S.A. 1998 Supp. 65-5802, as
13 amended by section 1
of chapter 117 of the 1999 Session Laws of
14 Kansas, and K.S.A.
1999 Supp. 74-5320 and repealing the existing
15 sections.
16
17 Be it enacted by the Legislature of the
State of Kansas:
18 Section
1. K.S.A. 1998 Supp. 65-5802, as amended by section 1 of
19 chapter 117 of the 1999 Session Laws of
Kansas, is hereby amended to
20 read as follows: 65-5802. As used in the
professional counselors licensure
21 act:
22 (a) ``Board''
means the behavioral sciences regulatory board created
23 by K.S.A. 74-7501 and amendments
thereto.
24 (b) ``Practice of
professional counseling'' means assisting an individual
25 or group for a fee, monetary or otherwise,
through counseling, assess-
26 ment, consultation and referral and
includes the diagnosis and treatment
27 of mental disorders as authorized under the
professional counselors li-
28 censure act.
29
(c) ``Professional counseling'' means to assist an individual
or group
30 to develop understanding of personal
strengths and weaknesses, to re-
31 structure concepts and feelings, to define
goals and to plan actions as
32 these are related to personal, social,
educational and career development
33 and adjustment.
34
(d) ``Assessment'' means selecting, administering, scoring and
inter-
35 preting instruments designed to describe an
individual's aptitudes, abili-
36 ties, achievements, interests and personal
characteristics.
37
(e) ``Consultation'' means the application of principles,
methods and
38 techniques of the practice of counseling to
assist in solving current or
39 potential problems of individuals or groups
in relation to a third party.
40 (f) ``Referral''
means the evaluation of information to identify prob-
41 lems and to determine the advisability of
referral to other practitioners.
42 (g) ``Licensed
professional counselor'' means a person who is licensed
43 under this act and who engages in the
practice of professional counseling
2
1 except that on and after January 1,
2002, such person shall engage in the
2 practice of professional counseling
only under the direction of a licensed
3 clinical professional counselor, a
licensed psychologist, a person licensed
4 to practice medicine and surgery or a
person licensed to provide mental
5 health services as an independent
practitioner and whose licensure allows
6 for the diagnosis and treatment of
mental disorders. Direction shall not
7 be required as provided in this
subsection if the licensed professional
8 counselor does not diagnose and
treat mental disorders. As used in this
9 subsection: (1) The term
``diagnose and treat'' shall be defined by the
10 board by rules and regulations; and (2)
the term ``mental disorder'' means
11 a mental disorder specified in the
edition of the diagnostic and statistical
12 manual of mental disorders of the
American psychiatric association des-
13 ignated by the board by rules and
regulations.
14 (h) ``Licensed
clinical professional counselor'' means a person who
15 engages in the independent practice of
professional counseling including
16 the diagnosis and treatment of mental
disorders specified in the edition
17 of the diagnostic and statistical manual of
mental disorders of the Amer-
18 ican psychiatric association designated by
the board by rules and regula-
19 tions and who is licensed under this
act.
20 Sec.
2. K.S.A. 74-5318, as amended by section 27 of chapter 117
of
21 the 1999 Session Laws of Kansas, is hereby
amended to read as follows:
22 74-5318. On or before the
first day of April of alternate years On or
23 before 60 days prior to the expiration
of the license of a psychologist
24 licensed by the board, the board
shall mail to every the psychologist
li-
25 censed in Kansas, an
application blank for renewal, which shall contain
26 space for insertion of information as
required for the application blank
27 under K.S.A. 74-5317 and amendments
thereto, addressing the same to
28 the post office address given at the last
previous renewal. Except as oth-
29 erwise provided in subsection (c) of
K.S.A. 74-5319 and amendments
30 thereto, in addition, the
application for renewal shall be accompanied by
31 evidence satisfactory to the board that the
applicant has completed, dur-
32 ing the previous 24 months, the continuing
education required by rules
33 and regulations of the board. Except as
otherwise provided in subsection
34 (c) of K.S.A. 74-5319 and amendments
thereto, as part of such continuing
35 education, a licensed psychologist shall
complete not less than six contin-
36 uing education hours relating to diagnosis
and treatment of mental dis-
37 orders and not less than three continuing
education hours of professional
38 ethics.
39 Sec.
3. K.S.A. 74-5319 is hereby amended to read as follows:
74-
40 5319. (a) Upon receipt of such
application blank, a licensee shall fill out,
41 sign and forward the application to the
board, together with a renewal
42 fee fixed by rules and regulations of the
board of not to exceed $200.
43 Upon receipt of such application and fee,
the board shall issue a renewal
3
1 license for the period commencing on
the date on which the license is
2 issued and expiring on June
30 of the next even-numbered year at the
3 end of the 24-month period from
the date of issuance. On and after the
4 effective date of this act
initial licenses shall thus be for the current
bi-
5 ennium of
registration be effective upon the date issued and
shall expire
6 at the end of 24 months from the
date of issuance.
7
(b) Notwithstanding the provisions of any law to the
contrary, li-
8 censees who voluntarily apply for
renewal for one year, on or before July
9 1, 2000, shall pay 1/2 of the
renewal fee fixed by rules and regulations of
10 the board under subsection (a). Upon
receipt of such application and fee
11 under this subsection (b), the board
shall issue a renewal license for the
12 period commencing on the date on which
the license is issued and expiring
13 on June 30, 2001.
14 (c) An
applicant for renewal of a license issued under subsection
(b),
15 shall pay the renewal fee fixed by rules
and regulations of the board under
16 subsection (a) and shall present proof
of completion of 1/2 of the continuing
17 education required by rules and
regulations of the board except that for
18 this renewal no continuing education
hours of professional ethics need be
19 completed. A license issued under this
subsection (c) shall be effective
20 upon the date issued and shall expire at
the end of 24 months from the
21 date of issuance. Thereafter, the
renewal of a license issued under this
22 subsection (c) shall be made in
accordance with subsection (a) of this
23 section.
24 Sec.
4. K.S.A. 1999 Supp. 74-5320 is hereby amended to read as
25 follows: 74-5320. Except as
otherwise provided in K.S.A. 74-5319 and
26 amendments thereto, applications for
renewal of a license must be made
27 biennially on or before the first
day of July date the license expires and if
28 not so made an additional fee equal to the
renewal fee shall be added to
29 the regular renewal fee.
30 Sec.
5. K.S.A. 74-5321 is hereby amended to read as follows:
74-
31 5321. Should any psychologist who has
failed to renew a license con-
32 tinue to represent oneself as a
psychologist beyond November 1 120 days
33 after the expiration of the license,
thereafter such psychologist shall be in
34 violation of this act and the
psychologist's license may be suspended or
35 revoked by the board in accordance with the
provisions of K.S.A. 74-5324
36 and amendments thereto.
37 Sec. 6. K.S.A. 74-5318, as
amended by section 27 of chapter 117 of
38 the 1999 Session Laws of Kansas, 74-5319
and 74-5321 and K.S.A. 1998
39 Supp. 65-5802, as amended by section 1 of
chapter 117 of the 1999 Ses-
40 sion Laws of Kansas, and K.S.A. 1999 Supp.
74-5320 are hereby repealed.
41 Sec. 7. This act shall
take effect and be in force from and after its
42 publication in the statute book.