An Act concerning the behavioral sciences regulatory board; relating to licensure, regulation and scope of practice issues of professional counselors, marriage and family therapists and masters level psychologists; authorizing certain fees; amending K.S.A. 65-5801, 65- 5802, 65-5803, 65-5804, 65-5806, 65-5807, 65-5808, 65-5808, as amended by section 7 of this act, 65-5809, 65-5810, 65-5811, 65-5812, 65-5815, 65-5816, 65-6314, 65-6401, 65-6402, 65-6403, 65-6404, 65-6405, 65-6406, 65-6407, 65-6408, 65-6409, 65-6410, 65- 6412, 74-5310, 74-5320, 74-5361, 74-5362, 74-5363, 74-5365, 74-5365, as amended by section 34 of this act, 74-5366, 74-5367, 74-5369, 74-5371, 74-5372, 74-7501 and 74- 7507 and K.S.A. 1995 Supp. 65-6411 and 65-6411, as amended by section 26 of this act, and repealing the existing sections; also repealing K.S.A. 65-5813, 65-5814, 74-5364 and 74-5368.

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

Section 1. On January 1, 1997, K.S.A. 65-5801 is hereby amended to read as follows: 65-5801. K.S.A. 65-5801 through 65-5816 shall be known and may be cited as the professional counselors registration licensure act.

Sec. 2. On January 1, 1997, K.S.A. 65-5802 is hereby amended to read as follows: 65-5802. As used in the professional counselors registra- tion licensure act:

(a) ``Board'' means the behavioral sciences regulatory board created by K.S.A. 74-7501 and amendments thereto.

(b) ``Practice of professional counseling'' means assisting an individual or group for a fee, monetary or otherwise, through counseling, assess- ment, consultation and referral.

(c) ``Professional counseling'' means to assist an individual or group to develop understanding of personal strengths and weaknesses, to re- structure concepts and feelings, to define goals and to plan actions as these are related to personal, social, educational and career development and adjustment.

(d) ``Assessment'' means selecting, administering, scoring and inter- preting instruments designed to describe an individual's aptitudes, abili- ties, achievements, interests and personal characteristics.

(e) ``Consultation'' means the application of principles, methods and techniques of the practice of counseling to assist in solving current or potential problems of individuals or groups in relation to a third party.

(f) ``Referral'' means the evaluation of information to identify prob- lems and to determine the advisability of referral to other practitioners.

(g) ``Registered Licensed professional counselor'' means a person who engages in the private practice of professional counseling and is registered licensed under this act.

Sec. 3. On January 1, 1997, K.S.A. 65-5803 is hereby amended to read as follows: 65-5803. (a) On and after January 1, 1988 January 1, 1997, no person shall engage in the practice of professional counseling or represent that such person is a registered licensed professional counselor, registered licensed counselor or professional counselor without having first obtained a registration license as a professional counselor under the professional counselors registration licensure act.

(b) Violation of this section is a class B misdemeanor.

Sec. 4. On January 1, 1997, K.S.A. 65-5804 is hereby amended to read as follows: 65-5804. (a) Applications for registration licensure as a professional counselor shall be made to the board on a form and in the manner prescribed by the board. Each application shall be accompanied by the fee fixed under K.S.A. 65-5808 and amendments thereto.

(b) Each applicant for registration licensure as a professional coun- selor shall furnish evidence satisfactory to the board that the applicant:

(1) Is at least 18 21 years of age;

(2) has completed 60 graduate semester hours including a graduate degree in counseling from a college or university approved by the board and which includes 45 graduate semester hours distributed among each of the following areas:

(A) Counseling theory and practice;

(B) the helping relationship;

(C) group dynamics, processing and counseling;

(D) human growth and development;

(E) life-style and career development;

(F) appraisal of individuals;

(G) social and cultural foundations;

(H) research and evaluation;

(I) professional orientation;

(J) supervised practicum and internship; and

(3) has three years of supervised full-time experience in professional counseling acceptable to the board. An applicant may subtract one year of the required professional experience for every 30 graduate semester hours obtained beyond the 60 graduate semester hours required for reg- istration, provided that such hours are clearly related to the field of pro- fessional counseling. In no case shall the applicant have less than one year of the required professional experience; and

(3) (A) has over a minimum period of two years with a minimum of 4,000 supervised hours of professional experience as a professional coun- selor inclusive of at least 1,000 supervised hours of actual client contact acceptable to the board;

(B) has received a minimum of 200 hours of supervision including (i) 100 hours of administrative supervision regarding general professional function, and (ii) 100 hours of clinical supervision regarding delivery of direct client contact services with no more than 50 hours conducted as group supervision and no less than 50 hours conducted as individual supervision and no less than four hours of clinical supervision contact monthly, (iii) one-half of this requirement may be waived for persons with a doctor's degree in professional counseling or a related field acceptable to the board;

(4) has passed an examination required by the board.; and

(5) has satisfied the board that the applicant is a person who merits the public trust.

(c) The board shall adopt rules and regulations establishing the cri- teria which a college or university shall satisfy in order to be approved by the board. The board may send a questionnaire developed by the board to any college or university for which the board does not have sufficient information to determine whether the school meets the requirements for approval and rules and regulations adopted under this section. The ques- tionnaire providing the necessary information shall be completed and returned to the board in order for the college or university to be consid- ered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about colleges and universities. In entering such contracts the authority to approve college and universities shall remain solely with the board.

(d) A person who intends to pursue the postgraduate supervised training experience shall apply to the board for a temporary permit to practice as a licensed professional counselor by (1) paying an application fee of no more than $150, (2) providing evidence of graduating from a masters or doctoral program in professional counseling acceptable to the board, (3) submitting letters from three professionals attesting to the ap- plicant's integrity, competence, and worthiness to merit the public's trust, one of whom has provided direct clinical supervision of the applicant's graduate program clinical training and (4) completing a postgraduate supervised training plan on forms supplied by the board describing serv- ices to be provided, place of employment, persons responsible for admin- istrative oversight and clinical supervision, and statement acknowledging behavioral sciences regulatory board postgraduate training requirements.

(e) (1) A temporary permit may be issued by the board after the application has been reviewed and approved by the board and the appli- cant has paid the appropriate fee set by the board for issuance of new licenses.

(2) A temporary permit issued by the board shall expire at such time as final action on the application is completed or two years after the date of issuance of the permit. A temporary permit may be renewed for one additional two-year period if the board finds that satisfactory progress toward the supervised experience requirement is being met.

(f) A person practicing professional counseling with a temporary per- mit may not use the title ``licensed professional counselor'' or the initials ``LPC'' independently. The word ``licensed'' may be used only when fol- lowed by the words ``by temporary permit'' such as licensed professional counselor by temporary permit, or professional counselor licensed by tem- porary permit.

Sec. 5. On January 1, 1997, K.S.A. 65-5806 is hereby amended to read as follows: 65-5806. (a) An applicant who meets the requirements for registration licensure pursuant to this act, has paid the registration license fee provided for by K.S.A. 65-5808 and amendments thereto and has otherwise complied with the provisions of this act shall be registered licensed by the board.

(b) Registrations Licenses issued pursuant to this act shall expire 24 months from the date of issuance unless revoked prior to that time. A registration license may be renewed upon application and payment of the fee provided for by K.S.A. 65-5808 and amendments thereto. The appli- cation for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed during the previous 24 months the continuing education required by rules and regulations of the board.

(c) A person whose registration license has been suspended or re- voked may make written application to the board requesting reinstate- ment of the registration license upon termination of the period of sus- pension or revocation in a manner prescribed by the board, which application shall be accompanied by the fee provided for by K.S.A. 65- 5808 and amendments thereto.

Sec. 6. On January 1, 1997, K.S.A. 65-5807 is hereby amended to read as follows: 65-5807. The board may at its discretion waive the stat- utory requirements of an applicant for registration licensure as a regis- tered licensed professional counselor if such applicant is licensed, regis- tered, certified or otherwise authorized to practice professional counseling by a similar board in another state and if the standards and qualifications required for the practice of professional counseling in the state in which the applicant is so authorized are substantially the same as those required under the professional counselors registration licensure act.

Sec. 7. K.S.A. 65-5808 is hereby amended to read as follows: 65- 5808. (a) The board shall fix by rules and regulations the following fees:

(1) For application for registration, not more than $100;

(2) for an original registration, not more than $175;

(2) (3) for examination, not more than $150 $175;

(3) (4) for renewal of a registration, not more than $100 $150;

(4) (5) for reinstatement of a registration, not more than $100 $175;

(5) (6) for replacement of a registration, not more than $20;

(6) (7) for application for endorsement in a specialty, not more than $100 $175; and

(7) (8) for biennial renewal for endorsement in a specialty, not more than $100. $175; and

(9) for late renewal penalty, an amount equal to the fee for renewal of a registration.

(b) Fees paid to the board are not refundable.

Sec. 8. On January 1, 1997, K.S.A. 65-5808, as amended by section 7 of this act, is hereby amended to read as follows: 65-5808. (a) The board shall fix by rules and regulations the following fees:

(1) For application for registration licensure, not more than $100;

(2) for an original registration license, not more than $175;

(3) for examination, not more than $175;

(4) for renewal of a registration license, not more than $150;

(5) for reinstatement of a registration license, not more than $175;

(6) for replacement of a registration license, not more than $20;

(7) for application for endorsement in a specialty, not more than $175;

(8) for biennial renewal for endorsement in a specialty, not more than $175; and

(9) for late renewal penalty, an amount equal to the fee for renewal of a registration. license; and

(10) for exchange of a license in lieu of registration pursuant to sub- section (b) of K.S.A. 65-5811 and amendments thereto, not to exceed $150.

(b) Fees paid to the board are not refundable.

Sec. 9. On January 1, 1997, K.S.A. 65-5809 is hereby amended to read as follows: 65-5809. The board may refuse to issue, suspend, limit, refuse to renew or revoke any registration license or specialty designation granted under the professional counselors registration licensure act for any of the following reasons:

(a) Use of drugs or alcohol, or both, to an extent that impairs the individual's ability to engage in the practice of professional counseling;

(b) the individual has been convicted of a felony and, after investi- gation, the board finds that the individual has not been sufficiently re- habilitated to merit the public trust;

(c) use of fraud, deception, misrepresentation or bribery in securing any registration license issued pursuant to the provisions of the profes- sional counselors registration licensure act or in obtaining permission to take any examination given or required pursuant to the provisions of the professional counselors registration licensure act;

(d) obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;

(e) incompetence, misconduct, fraud, misrepresentation or dishon- esty in the performance of the functions or duties of a professional coun- selor;

(f) violation of, or assisting or enabling any individual to violate, any provision of the professional counselors registration licensure act or any rule and regulation adopted under such act;

(g) impersonation of any individual holding a registration license or allowing any individual to use a registration license or diploma from any school of a person registered licensed under the professional counselors registration licensure act or a diploma from any school of an applicant for registration licensure under the professional counselors registration licen- sure act;

(h) revocation or suspension of a registration license or other author- ization to practice counseling granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized by the professional counselors registration licensure act;

(i) the individual is mentally ill or physically disabled to an extent that impairs the individual's ability to engage in the practice of professional counseling;

(j) assisting or enabling any person to hold oneself out to the public or offer to hold oneself out to the public as a registered licensed profes- sional counselor who is not registered licensed under the provisions of the professional counselors registration licensure act;

(k) the issuance of the registration license was based upon a material mistake of fact;

(l) violation of any professional trust or confidence;

(m) use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;

(n) unprofessional conduct as defined by rules and regulations adopted by the board; or

(o) the registrant licensee has had a registration, license or certificate as a professional counselor revoked, suspended or limited, or has had other disciplinary action taken, or an application for a registration, license or certificate denied, by the proper regulatory authority of another state, territory, District of Columbia, or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof.

Sec. 10. On January 1, 1997, K.S.A. 65-5810 is hereby amended to read as follows: 65-5810. The confidential relations and communications between a registered licensed professional counselor and such counselor's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.

Sec. 11. On January 1, 1997, K.S.A. 65-5811 is hereby amended to read as follows: 65-5811. (a) Before January 1, 1988, the board, upon receipt of a proper application and payment of fees, shall issue a regis- tration without examination to a person who prior to July 1, 1987:

(a) Has practiced full time as a professional counselor for at least five years and possesses a graduate degree in counseling from a college or university approved by the board and is currently engaged in the practice of professional counseling; or

(b) has practiced full time as a professional counselor for at least two years, possesses a graduate degree with at least 60 graduate semester hours in counseling from a college or university approved by the board and is currently engaged in the practice of professional counseling Prior to July 1, 1998, the board, upon receipt of a proper application and pay- ment of fees, shall issue a license or a license by temporary permit shall be issued to an applicant without examination if the board is satisfied that the applicant meets the requirements of paragraphs (1) to (3), inclusive, of subsection (a) of K.S.A. 65-5804 and amendments thereto or if the board is satisfied that the applicant has completed a master's or doctoral degree in a related field to be defined by rules and regulations of the board. In addition, the applicant has practiced professional counseling continu- ously for five years immediately prior to application for licensure under this act and is otherwise qualified to be licensed as a professional coun- selor.

(b) A person registered as a professional counselor on the day im- mediately preceding January 1, 1997, shall be deemed to be a licensed professional counselor under this act. Such person shall not be required to file an original application for licensure under this act, but shall apply to the board for a license in lieu of registration and payment of the fee set by the board for renewal of license. Any application for registration filed but which has not been granted prior to January 1, 1997, shall be processed as an application for licensure pursuant to this act.

Sec./007006/On January 1, 1997, K.S.A. 65-5812 is hereby amended to read as follows: 65-5812. Nothing in the professional counselors registra- tion licensure act shall be construed:

(a) To apply to the activities and services of qualified members of other professional groups including, but not limited to, attorneys, physi- cians, psychologists, masters level psychologists, marriage and family ther- apists, registered nurses or social workers, others performing counseling not for a fee, or others performing counseling consistent with the laws of this state, their training and any code of ethics of their professions, in- cluding school, industrial, financial, vocational, rehabilitation or any sim- ilar type counselor so long as they do not represent themselves by any title or description in the manner prescribed in K.S.A. 65-5803 and amendments thereto;

(b) to apply to the activities, services and use of an official title on the part of an individual employed as a counselor by any federal, state, county or municipal agency or public or, any private educational institution, so long as such individuals are performing counseling or counseling-related activities within the scope of their employment;

(c) to apply to the activities and services rendered by a nonresident individual not more than 30 days during any calendar year, such individual is duly authorized to perform such activities and services under the laws of the state or country of such individual's principal residence;

(d) to apply to the activities and services of a rabbi, priest, minister or clergy person of any religious denomination or sect, including a Chris- tian Science practitioner, or any public or private not-for-profit organi- zation, corporation or association, including but not limited to camp coun- selors, crisis center counselors, community hot-line counselors or suicide hot-line counselors, so long as such activities and services are within the scope of the performance of such individual's regular or specialized min- isterial duties;

(e) to authorize a person registered licensed under this act to diagnose or treat mental illness or disease.;

(f) prohibit the activities of persons licensed or otherwise regulated by the state board of education or otherwise licensed, registered, or oth- erwise regulated by the laws of this state and who are performing services consistent with the laws of this state, their training and any code of ethics of their profession;

(g) to prohibit the activities of students or interns enrolled in an ap- proved academic program while engaged in such academic program;

(h) in any way to restrict any person from carrying on any of the aforesaid activities in the free expression or exchange of ideas concerning the practice of professional counseling, the application of its principles, the teaching of such subject matter, and the conducting of research on problems relating to human behavior if such person does not represent such person or such person's services in any manner prohibited by this act;

(i) to prohibit the activities of persons performing services pursuant to a temporary permit issued pursuant to this act;

(j) to the activities of persons working under the supervision of a professional counselor;

(k) to prohibit the activities of any weight control consultants or ad- visors in recognized, legitimate programs or business environments;

(l) to prevent qualified persons from doing work within the standards and ethics of their respective professions and callings provided they do not hold themselves out to the public by any title or description of services as being engaged in the practice of professional counseling.

Sec./007006/On January 1, 1997, K.S.A. 65-5815 is hereby amended to read as follows: 65-5815. Proceedings under the professional counselors registration licensure act shall be conducted in accordance with the Kan- sas administrative procedure act. Judicial review and civil enforcement of agency actions under the professional counselors registration licensure act shall be in accordance with the act for judicial review and civil en- forcement of agency actions.

Sec./007006/On January 1, 1997, K.S.A. 65-5816 is hereby amended to read as follows: 65-5816. If any part or parts of the professional counselors registration licensure act are held to be invalid or unconstitutional by any court, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional part or parts.

Sec./007006/On January 1, 1997, K.S.A. 65-6314 is hereby amended to read as follows: 65-6314. (a) The following license and examination fees shall be established by the board by rules and regulations in accordance with the following limitations:

(a) (1) Renewal or reinstatement fee for a license as a social work associate shall be not more than $100 $150.

(b) (2) Application, new license, reinstatement or renewal fee for a license as a baccalaureate social worker shall be not more than $100 $150.

(c) (3) Application, new license, reinstatement or renewal fee for a license as master social worker shall be not more than $100 $150.

(d) (4) Application, new license, reinstatement or renewal fee for a license in a social work specialty shall be not more than $100 $150.

(e) (5) Examination fee for a license as a baccalaureate social worker, for a license as a master social worker or for a license in a social work specialty shall be not more than $150 $200. If an applicant fails an ex- amination, such applicant may be admitted to subsequent examinations upon payment of an additional fee prescribed by the board of not more than $150 $200.

(f) (6) Replacement fee for reissuance of a license certificate due to loss or name change shall be not more than $20.

(g) (7) Temporary license fee for a baccalaureate social worker, mas- ter social worker or a social work specialty shall be not more than $50.

(8) Application fee for approval as board-approved continuing edu- cation sponsors shall be as follows:

(A) Initial application fee for one year provisionally approved pro- viders shall be not more than $125;

(B) three-year renewal fees for approved providers shall be not more than $350; and

(C) application fees for single program providers shall be not more than $50 for each separately offered continuing education activity for which prior approval is sought.

(b) Fees paid to the board are not refundable.

Sec./007006/On January 1, 1997, K.S.A. 65-6401 is hereby amended to read as follows: 65-6401. K.S.A. 65-6401 through 65-6412, and amend- ments thereto, shall be known and may be cited as the marriage and family therapists registration licensure act.

Sec./007006/On January 1, 1997, K.S.A. 65-6402 is hereby amended to read as follows: 65-6402. As used in the marriage and family therapists registration licensure act:

(a) ``Board'' means the behavioral sciences regulatory board created under K.S.A. 74-7501 and amendments thereto.

(b) ``Marriage and family therapy'' means the assessment and treat- ment of cognitive, affective or behavioral problems within the context of marital and family systems.

(c) ``Registered Licensed marriage and family therapist'' means a per- son who engages in the practice of marriage and family therapy and is registered licensed under this act.

Sec./007006/On January 1, 1997, K.S.A. 65-6403 is hereby amended to read as follows: 65-6403. (a) On and after July 1, 1992 January 1, 1997, no person shall engage in the practice of marriage and family therapy or represent that such person is a registered licensed marriage and family therapist or a marriage and family therapist without having first obtained a registration license as a registered marriage and family therapist under the marriage and family therapist registration licensure act.

(b) Violation of this section is a class B misdemeanor.

Sec. 19. On January 1, 1997, K.S.A. 65-6404 is hereby amended to read as follows: 65-6404. (a) An applicant for registration licensure as a registered marriage and family therapist shall furnish evidence that the applicant:

(1) Has attained the age of majority 21;

(2) has at least 500 client contact hours of supervised postgraduate experience in marriage and family therapy satisfactory to the board;

(2) (A) has over a minimum period of two years with a minimum of 4,000 supervised hours of professional experience as a marriage and fam- ily therapist inclusive of at least 1,000 supervised hours of actual client contact acceptable to the board; (B) has received a minimum of 200 hours of supervision including (i) 100 hours of administrative supervision re- garding general professional functioning, (ii) 100 hours of clinical super- vision regarding delivery of direct client contact services with no more than 50 hours conducted as group supervision and no less than 50 hours conducted as individual supervision and no less than four hours of clinical supervision contact monthly, (iii) one-half of this requirement may be waived for persons with a doctor's degree in marriage and family therapy or a related field acceptable to the board;

(3) (A) has completed a master's or doctoral degree from a marriage and family therapy program, in an educational institution with standards consistent with those of the state universities of Kansas, approved by the board; or (B) has completed a master's or doctoral degree from an edu- cational institution in a related field for which the course work is consid- ered by the board to be equivalent to that provided in clause (3)(A) of this paragraph and consists of a minimum of nine semester hours in hu- man development, nine semester hours in theories of marriage and family functioning, nine semester hours of marital and family assessment and therapy, three semester hours in professional studies and three semester hours in research; or (C) completed a master's or doctoral degree from an educational institution in a related field with additional work from an educational program in marriage and family therapy approved by the board and such degree program and additional work includes the course work requirements provided in clause (3)(B) of this paragraph; and

(4) has passed an examination approved by the board.; and

(5) has satisfied the board that the applicant is a person who merits the public trust.

(b) Each applicant shall pay an application fee and examination fee established by the board under K.S.A. 65-6411 and amendments thereto.

Sec. 20. On January 1, 1997, K.S.A. 65-6405 is hereby amended to read as follows: 65-6405. Prior to July 1, 1993, a registration shall be issued to an applicant without examination if the board is satisfied that the ap- plicant meets the requirements of paragraphs (1) to (3), inclusive, of sub- section (a) of K.S.A. 65-6404 and amendments thereto or if the board is satisfied that the applicant has completed a master's or doctoral degree in a related field and has practiced marriage and family therapy contin- uously for five years immediately prior to application for registration un- der this act. (a) Prior to July 1, 1998, the board, upon receipt of a proper application and payment of fees, shall issue a license or a license by tem- porary permit to an applicant without examination if the board is satisfied that the applicant meets the requirements of paragraphs (1) to (3), inclu- sive, of subsection (a) of K.S.A. 65-6404 and amendments thereto or if the board is satisfied that the applicant has completed a master's or doctoral degree in a related field. In addition, the applicant has practiced marriage and family therapy continuously for five years immediately prior to ap- plication for licensure under this act and is otherwise qualified to be li- censed as a marriage and family therapist. A person registered as a mar- riage and family therapist on December 30, 1996, shall be deemed to be a licensed marriage and family therapist under this act. Such person shall not be required to file an original application for licensure under this act, but shall apply to the board for a license in lieu of registration upon payment of the fee required by the board for renewal of license. Any application for registration filed but which has not been granted prior to January 1, 1997, shall be processed as an application for licensure under requirements defined for credentialing at the time of application pursuant to this act.

(b) A person who intends to pursue the postgraduate supervised training experience shall apply to the board for a temporary permit to practice as a licensed marriage and family therapist by (1) paying an application fee of no more than $150, (2) providing evidence of graduating from a master's or doctoral program in marriage and family therapy ac- ceptable to the board, (3) submitting letters from three professionals at- testing to the applicant's integrity, competence, and worthiness to merit the public's trust, one of whom has provided direct clinical supervision of the applicant's graduate program clinical training, and (4) completing a postgraduate supervised training plan on forms supplied by the board describing services to be provided, place of employment, persons respon- sible for administrative oversight and clinical supervision, and statement acknowledging behavioral sciences regulatory board postgraduate train- ing requirements.

(c) (1) A temporary permit may be issued by the board after the application has been reviewed and approved by the board and the appli- cant has paid the appropriate fee set by the board for issuance of new licenses.

(2) A temporary permit issued by the board shall expire at such time as final action on the application is completed or two years after the date of issuance of the permit. A temporary permit may be renewed for one additional two-year period if the board finds that satisfactory progress toward the supervised experience requirement is being met.

(d) A person practicing marriage and family therapy with a tempo- rary permit may not use the title ``licensed marriage and family therapist'' or the initials ``LMFT'' independently. The word ``licensed'' may be used only when followed by the words ``by temporary permit'' such as licensed marriage and family therapist by temporary permit, or marriage and family therapist, licensed by temporary permit.

Sec. 21. On January 1, 1997, K.S.A. 65-6406 is hereby amended to read as follows: 65-6406. The board shall issue a registration license to an individual who is currently registered, certified or licensed to practice marriage and family therapy in another jurisdiction if the board deter- mines that the standards for registration, certification or licensure to prac- tice marriage and family therapy in the other jurisdiction are at least equivalent to or exceed the requirements of the marriage and family ther- apists registration licensure act and rules and regulations of the board. An applicant for a registration license under this section shall pay an ap- plication fee established by the board under K.S.A. 65-6411 and amend- ments thereto.

Sec. 22. On January 1, 1997, K.S.A. 65-6407 is hereby amended to read as follows: 65-6407. (a) An applicant who meets the requirements for registration licensure pursuant to this act, has paid the registration license fee provided for by K.S.A. 65-6411 and amendments thereto and has otherwise complied with the provisions of this act shall be registered licensed by the board.

(b) Registrations Licenses issued pursuant to this act shall expire 24 months from the date of issuance unless revoked prior to that time. A registration license may be renewed upon application and payment of the fee provided for by K.S.A. 65-6411 and amendments thereto. The appli- cation for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed during the previous 24 months the continuing education required by rules and regulations of the board.

(c) A person whose registration license has been suspended or re- voked may make written application to the board requesting reinstate- ment of the registration license upon termination of the period of sus- pension or revocation in a manner prescribed by the board, which application shall be accompanied by the fee provided for by K.S.A. 65- 6411 and amendments thereto.

Sec. 23. On January 1, 1997, K.S.A. 65-6408 is hereby amended to read as follows: 65-6408. The board may refuse to grant registration li- censure to, or may suspend, revoke, condition, limit, qualify or restrict the registration licensure of any individual who the board, after a hearing, determines:

(1) Is incompetent to practice marriage and family therapy, or is found to engage in the practice of marriage and family therapy in a man- ner harmful or dangerous to a client or to the public;

(2) is convicted by a court of competent jurisdiction of a crime that the board determines is of a nature to render the convicted person unfit to practice marriage and family therapy;

(3) has violated a provision of the marriage and family therapists reg- istration licensure act or one or more of the rules and regulations of the board;

(4) has obtained or attempted to obtain a registration license or reg- istration license renewal by bribery or fraudulent representation;

(5) has knowingly made a false statement on a form required by the board for registration license or registration license renewal;

(6) has failed to obtain continuing education credits required by rules and regulations of the board;

(7) has been found guilty of unprofessional conduct as defined by rules and regulations established by the board; or

(8) has had a registration, license or certificate as a marriage and family therapist revoked, suspended or limited, or has had other discipli- nary action taken, or an application for registration, license or certificate denied, by the proper regulatory authority of another state, territory, Dis- trict of Columbia or another country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof.

Sec. 24. On January 1, 1997, K.S.A. 65-6409 is hereby amended to read as follows: 65-6409. (a) Nothing in the marriage and family therapists registration licensure act shall be construed:

(a) To prevent marriage and family therapy practice by students or interns or individuals preparing for the practice of marriage and family therapy to practice under qualified supervision of a professional, recog- nized and approved by the board, in an educational institution or agency so long as they are designated by titles such as ``student,'' ``trainee,'' ``in- tern'' or other titles clearly indicating training status.;

(b) Nothing in this act shall be construed to authorize the practice of psychology, medicine and surgery, professional counseling, masters level psychology or licensed social work.;

(c) Nothing in the marriage and family therapists registration act shall be construed to apply to the activities and services of a rabbi, priest, minister, clergy person or organized ministry of any religious denomi- nation or sect, including a Christian-Science practitioner, unless such person or individual who is a part of the organized ministry is a registered licensed marriage and family therapist.; or

(d) to apply to the activities and services of qualified members of other professional groups including, but not limited to, attorneys, physicians, psychologists, masters level psychologists, professional counselors, regis- tered nurses or social workers performing services consistent with the laws of this state, their training and the code of ethics of their profession, so long as they do not represent themselves as being a marriage and family therapist; or

(e) to prevent qualified persons from doing work within the standards and ethics of their respective professions and callings provided they do not hold themselves out to the public by any title or description of services as being a marriage and family therapist.

Sec. 25. On January 1, 1997, K.S.A. 65-6410 is hereby amended to read as follows: 65-6410. A person registered licensed under the marriage and family therapists registration licensure act and employees and pro- fessional associates of the person shall not be required to disclose any information that the person, employee or associate may have acquired in rendering marriage and family therapy services, unless:

(a) Disclosure is required by other state laws;

(b) failure to disclose the information presents a clear and present danger to the health or safety of an individual;

(c) the person, employee or associate is a party defendant to a civil, criminal or disciplinary action arising from the therapy, in which case a waiver of the privilege accorded by this section is limited to that action;

(d) the patient is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses in that person's behalf; and

(e) a patient agrees to a waiver of the privilege accorded by this sec- tion, and in circumstances where more than one person in a family is receiving therapy, each such family member agrees to the waiver. Absent a waiver from each family member, a marriage and family therapist shall not disclose information received by a family member.

Sec. 26. K.S.A. 1995 Supp. 65-6411 is hereby amended to read as follows: 65-6411. (a) The board shall fix by rules and regulations and shall collect the following fees:

(1) For application for registration, not to exceed $150;

(2) for original registration, not to exceed $175;

(2) (3) for examination, not to exceed $275;

(3) (4) for renewal of a registration, not to exceed $150 $175;

(4) (5) for reinstatement of a registration, not to exceed $150 $175;

(5) (6) for replacement of a registration, not to exceed $20; and

(6) (7) for late charges, not to exceed $5 for each 30 days of delay beyond the date the renewal application was to be made.

(b) Fees paid to the board are not refundable.

Sec. 27. On January 1, 1997, K.S.A. 1995 Supp. 65-6411, as amended by section 26 of this act, is hereby amended to read as follows: 65-6411. (a) The board shall fix by rules and regulations and shall collect the fol- lowing fees:

(1) For application for registration licensure, not to exceed $150;

(2) for original registration licensure, not to exceed $175;

(3) for examination, not to exceed $275;

(4) for renewal of a registration license, not to exceed $175;

(5) for reinstatement of a registration license, not to exceed $175;

(6) for replacement of a registration license, not to exceed $20; and

(7) for late charges, not to exceed $5 for each 30 days of delay beyond the date the renewal application was to be made.

(b) Fees paid to the board are not refundable.

Sec. 28. On January 1, 1997, K.S.A. 65-6412 is hereby amended to read as follows: 65-6412. Proceedings under the marriage and family ther- apists registration licensure act shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforce- ment of agency actions under the marriage and family therapists regis- tration licensure act shall be in accordance with the act for judicial review and civil enforcement of agency actions.

Sec. 29. On January 1, 1997, K.S.A. 74-5310 is hereby amended to read as follows: 74-5310. (a) The board shall issue a license as a psychol- ogist to any person who pays a an application fee prescribed by the board, not in excess of $150 and an original license fee not in excess of $200, which shall not be refunded, who either satisfies the board as to such person's training and experience after a thorough review of such person's credentials or who passes a satisfactory examination in psychology. Any person paying the fee must also submit evidence verified by oath and satisfactory to the board that such person: (1) Is at least 21 years of age; (2) is of good moral character; (3) has received the doctor's degree based on a program of studies in content primarily psychological from an edu- cational institution having a graduate program with standards consistent with those of the state universities of Kansas, or the substantial equivalent of such program in both subject matter and extent of training; and (4) has had at least two years of supervised experience, a significant portion of which shall have been spent in rendering psychological services satis- fying the board's approved standards for the psychological service con- cerned.

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

Sec. 30. On January 1, 1997, K.S.A. 74-5320 is hereby amended to read as follows: 74-5320. Applications for renewal of license must be made biennially on or before the first day of July and if not so made an additional fee of $1 for each 30 days of delay beyond the first day of July equal to the renewal fee shall be added to the regular renewal fee.

Sec. 31. On January 1, 1997, K.S.A. 74-5361 is hereby amended to read as follows: 74-5361. As used in this act:

(a) ``Practice of psychology'' shall have the meaning ascribed thereto in K.S.A. 74-5302 and amendments thereto.

(b) ``Board'' means the behavioral sciences regulatory board created by K.S.A. 74-7501 and amendments thereto.

(c) ``Registered Licensed masters level psychologist'' means a person registered licensed by the board under the provisions of this act.

(d) ``Masters level psychology'' means the practice of psychology pur- suant to the restrictions set out in K.S.A. 74-5362 and 74-5363 and amend- ments thereto.

Sec. 32. On January 1, 1997, K.S.A. 74-5362 is hereby amended to read as follows: 74-5362. Any person who is registered licensed under the provisions of this act as a registered licensed masters level psychologist shall have the right to practice only in a licensed community mental health center or one of its contracted affiliates, in any federal, state, county or municipal agency, or other political subdivision, in a duly chartered ed- ucational institution, in a medical care facility licensed under K.S.A. 65- 425 et seq. and amendments thereto or in a psychiatric hospital licensed under K.S.A. 75-3307b and amendments thereto insofar as such practice is part of the duties of such person's paid position and is performed solely on behalf of the employer, so long as such practice is under the direction of a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of psychological disorders. Such registered licensed person may use the title registered licensed masters level psychologist and the abbreviation RMLP LMLP but may not use the title licensed psychologist or psychologist.

Sec. 33. On January 1, 1997, K.S.A. 74-5363 is hereby amended to read as follows: 74-5363. (a) Any person who desires to be registered licensed under this act shall apply to the board in writing, on forms pre- pared and furnished by the board. Each application shall contain appro- priate documentation of the particular qualifications required by the board and shall be accompanied by the required fee.

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

(1) Is at least 21 years of age;

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

(2) (3) has received at least a master's degree in clinical psychology based on a program of studies in psychology from an educational insti- tution having a graduate program in psychology consistent with state uni- versities of Kansas; or has received at least a master's degree in psychology and during such master's or post-master's coursework completed a min- imum of 12 semester hours or its equivalent in psychological foundation courses such as, but not limited to, philosophy of psychology, psychology of perception, learning theory, history of psychology, motivation, and sta- tistics and 24 semester hours or its equivalent in professional core courses such as, but not limited to, two courses in psychological testing, psycho- pathology, two courses in psychotherapy, personality theories, develop- mental psychology, research methods, social psychology; or has passed comprehensive examinations or equivalent final examinations in a doc- toral program in psychology and during such graduate program com- pleted a minimum of 12 semester hours or its equivalent in psychological foundation courses such as, but not limited to, philosophy of psychology, psychology of perception, learning theory, history of psychology, moti- vation, and statistics and 24 semester hours or its equivalent in profes- sional core courses such as, but not limited to, two courses in psycholog- ical testing, psychopathology, two courses in psychotherapy, personality theories, developmental psychology, research methods, social psychology;

(3) (4) has completed 750 clock hours of academically supervised practicum in the master's degree program or 1,500 clock hours of post- graduate supervised work experience; and

(5) has completed 2,000 clock hours of postgraduate work experience under the supervision of a licensed psychologist or a currently licensed master's level psychologist with three years' experience;

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

(4) (7) is in the employ of a Kansas licensed community mental health center, or one of its contracted affiliates, or a federal, state, county or municipal agency, or other political subdivision, a duly chartered educa- tional institution, a medical care facility licensed under K.S.A. 65-425 et seq. and amendments thereto or a psychiatric hospital licensed under K.S.A. 75-3307b and amendments thereto and whose practice is a part of the duties of such applicant's paid position and is performed solely on behalf of the employer.

(c) Until October 1, 1988, the board shall waive the educational or degree and supervision requirements, or all such requirements, under subsection (b) so long as the person applying for registration as a regis- tered masters level psychologist has a graduate degree and either (1) has been employed for at least three years as a psychologist by a licensed community mental health center, or one of its contracted affiliates, or a federal, state, county or municipal agency, or other political subdivision, or a duly chartered educational institution, or a medical care facility li- censed under K.S.A. 65-425 et seq. and amendments thereto or a psy- chiatric hospital licensed under K.S.A. 75-3307b and amendments thereto; or (2) as of July 1, 1987, was employed in this state as a psy- chologist or was recognized as a masters level psychologist by the profes- sional standards committee of the association of community mental health centers of Kansas.

(d) Upon application for registration as a registered masters level psy- chologist made prior to January 1, 1989, the board shall waive the edu- cational, degree and supervision requirements under subsection (b) and shall grant such registration if the applicant for registration at the time of application has been employed for 10 years or more as a psychologist by an institution within the department of social and rehabilitation services, as defined under K.S.A. 76-12a18 or 76-12b01, and amendments to such sections.

(e) (c) The board shall adopt rules and regulations establishing the criteria which an educational institution shall satisfy in meeting the requirements established under item (2) of subsection (b). The board may send a questionnaire developed by the board to any educational institu- tion for which the board does not have sufficient information to deter- mine whether the educational institution meets the requirements of item (2) of subsection (b) and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be com- pleted and returned to the board in order for the educational institution to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining in- formation about educational institutions. In entering such contracts the authority to approve educational institutions shall remain solely with the board.

Sec. 34. K.S.A. 74-5365 is hereby amended to read as follows: 74- 5365. (a) The application, issuance of a new registration and renewal fee for registration under this act shall be fixed by the board by rules and regulations in an amount not to exceed $100 $200.

(b) Fees paid to the board are not refundable.

(c) The application for renewal shall be accompanied by evidence sat- isfactory to the board that the applicant has completed, during the pre- vious 24 months, the continuing education required by rules and regu- lations of the board.

Sec. 35. On January 1, 1997, K.S.A. 74-5365, as amended by section 34 of this act, is hereby amended to read as follows: 74-5365. (a) The application, issuance of a new license and renewal fee for registration licensure under this act shall be fixed by the board by rules and regulations in an amount not to exceed $200.

(b) Fees paid to the board are not refundable.

(c) The application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed, during the previous 24 months, the continuing education required by rules and reg- ulations of the board.

Sec. 36. On January 1, 1997, K.S.A. 74-5366 is hereby amended to read as follows: 74-5366. (a) All registrations licenses shall be effective upon the date issued and shall expire at the end of 24 months from the date of issuance.

(b) Registration A license may be renewed by the payment of the renewal fee and the execution and submission of a signed statement, on a form provided by the board, attesting that the applicant's registration license has been neither revoked nor currently suspended, that the ap- plicant currently meets the employment requirements of part (4) of sub- section (b) of K.S.A. 74-5363 and amendments thereto and that the ap- plicant has met the requirements for continuing education set forth in this act.

(c) The application for renewal shall be made at least 30 days before the date of the expiration of the registration license.

(d) If the application for renewal, including payment of the required renewal fee, is not made on or before the date of the expiration of the registration license, the registration license is void, and no registration license shall be reinstated except upon payment of the required renewal fee, plus a penalty equal to the renewal fee, and proof satisfactory to the board of compliance with the continuing education requirements. Upon receipt of such payment and proof, the board shall reinstate the registra- tion license, except that no registration license shall be reinstated if such payment and proof is received more than one year after the date of ex- piration of the registration license.

(e) A duplicate registration license shall be issued by the board upon receipt of a $20 fee.

(f) A person registered as a masters level psychologist on December 30, 1996, shall be deemed to be a licensed masters level psychologist under this act. Such person shall not be required to file an original application for licensure under this act, but shall apply to the board for a license in lieu of registration upon payment of the fee set by the board for renewal of license. Any application for registration filed but which has not been granted prior to January 1, 1997, shall be processed as an application for licensure pursuant to this act. For exchange of a license in lieu of regis- tration pursuant to this subsection, a fee not to exceed $100.

(g) The board shall collect a fee not to exceed $100 for exchange of a license in lieu of a registration pursuant to subsection (f) of K.S.A. 74- 5366 and amendments thereto.

Sec. 37. On January 1, 1997, K.S.A. 74-5367 is hereby amended to read as follows: 74-5367. (a) The board may issue a temporary permit to practice as a registered licensed masters level psychologist to any person who pays a fee prescribed by the board under this section, which shall not be refunded, and who: (1) Meets all the requirements for registration licensure under this act as a registered licensed masters level psychologist, but whose application for registration licensure is pending; or (2) meets all the requirements for registration licensure under this act as a regis- tered licensed masters level psychologist except the requirement of post- graduate supervised work experience or current employment, or both.

(b) A temporary permit issued by the board under clause (1) of sub- section (a) shall expire at such time as final action on the application is completed, but all such temporary permits shall expire one year after the date of issuance of the permit. A temporary permit issued by the board under clause (2) of subsection (a) shall expire six months after the date of issuance and may be renewed for one additional six-month twelve- month period if the board finds that satisfactory progress toward the su- pervised experience requirement is being met.

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

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

Sec. 38. On January 1, 1997, K.S.A. 74-5369 is hereby amended to read as follows: 74-5369. An application for registration licensure under K.S.A. 74-5361 to 74-5371, inclusive, and amendments thereto, may be denied or a registration license granted under this act may be suspended, limited, revoked or not renewed by the board upon proof that the appli- cant or registered licensed masters level psychologist:

(a) Has been convicted of a felony involving moral turpitude;

(b) has been found guilty of fraud or deceit in connection with the rendering of professional services or in establishing such person's quali- fications under this act;

(c) has aided or abetted a person not licensed as a psychologist, reg- istered licensed under this act or an uncertified assistant, to hold oneself out as a psychologist in this state;

(d) has been guilty of unprofessional conduct as defined by rules and regulations of the board;

(e) has been guilty of neglect or wrongful duties in the performance of duties; or

(f) has had a registration, license or certificate as a masters level psy- chologist revoked, suspended or limited, or has had other disciplinary action taken, or an application for a registration, license or certificate denied, by the proper regulatory authority of another state, territory, Dis- trict of Columbia or another country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof.

Administrative proceedings under K.S.A. 74-5361 to 74-5371, inclu- sive, and amendments thereto shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforce- ment of agency actions under K.S.A. 74-5361 to 74-5371, inclusive, and amendments thereto shall be in accordance with the act for judicial review and civil enforcement of agency actions.

Sec. 39. On January 1, 1997, K.S.A. 74-5371 is hereby amended to read as follows: 74-5371. (a) On and after May 1, 1989, No person shall engage in practice of masters level psychology or represent oneself as a registered licensed masters level psychologist or use the abbreviation RMLP LMLP or use any word, letter, signs, figures or devices to indicate that such person using the same is a registered licensed masters level psychologist unless such person holds a valid registration license as a reg- istered licensed masters level psychologist.

(b) A violation of this section is a class C misdemeanor.

Sec. 40. On January 1, 1997, K.S.A. 74-5372 is hereby amended to read as follows: 74-5372. The confidential relations and communications between a registered licensed masters level psychologist and such psy- chologist's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.

New Sec. 41. Nothing in the master's level psychology statutes shall be construed to apply to the activities and services of qualified members of other professional groups including, but not limited to, attorneys, phy- sicians, psychologists, marriage and family therapists, professional coun- selors, registered nurses, social workers, rabbis, priests, ministers, or clergy persons, including Christian Science practitioners, performing services consistent with the laws of this state, their training, and the code of ethics of their profession, so long as they do not represent themselves as being a master's level psychologist.

Sec. 42. K.S.A. 74-7501 is hereby amended to read as follows: 74- 7501. (a) There is hereby created a behavioral sciences regulatory board consisting of seven 11 members appointed by the governor. The mem- bership of the board shall be as follows: Two members of the board shall be licensed psychologists; two members of the board shall be licensed to engage in the practice of social work; one member of the board shall be a professional counselor; one member of the board shall be a marriage and family therapist and one member of the board shall be a registered masters level psychologist who on January 1, 1997, will become a licensed masters level psychologist; and three four members of the board shall be from and represent the general public. Each member of the board shall be a citizen of the United States and a resident of this state.

(b) The term of office of each member of the board shall be four years, except that the term of office of the new members appointed to the first board shall be as follows: Three members shall be appointed for terms of two years, three members shall be appointed for terms of three years and one member shall be appointed for a term of four years pur- suant to this act, one member shall be appointed for a term of two years, one member shall be appointed for a term of three years and two members shall be appointed for terms of four years. The governor shall designate the term of office for each member appointed to the first board pursuant to this act. No member of the board shall be appointed for more than two successive terms. Upon the expiration of a member's term of office, the governor shall appoint a qualified successor. Each member shall serve until a successor is appointed and qualified. Whenever a vacancy occurs in the membership of the board prior to the expiration of a term of office, the governor shall appoint a qualified successor to fill the unexpired term. The governor may remove any member of the board for misconduct, incompetency or neglect of duty.

(c) The board shall organize annually at its first meeting subsequent to June 30 and shall select from its members a chairperson and a vice- chairperson. Other meetings shall be held as the board designates. Four members of A majority of members appointed to the board shall consti- tute a quorum for the transaction of business.

(d) The board may appoint an executive director who shall be in the unclassified service of the Kansas civil service act and shall receive an annual salary fixed by the board, subject to approval by the governor. The board may employ clerical personnel and other assistants, all of whom shall be in the classified service under the Kansas civil service act. The board may make and enter into contracts of employment with such pro- fessional personnel as necessary, in the board's judgment, for the per- formance of its duties and functions and the execution of its powers.

(e) Members of the behavioral sciences regulatory board attending meetings of the board, or attending a subcommittee meeting thereof au- thorized by the board, shall be paid compensation, subsistence allow- ances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.

Sec. 43. On January 1, 1997, K.S.A. 74-7507 is hereby amended to read as follows: 74-7507. The behavioral sciences regulatory board shall have the following powers, duties and functions:

(a) Recommend to the appropriate district or county attorneys pros- ecution for violations of this act, the licensure of psychologists act of the state of Kansas, the professional counselors registration licensure act, K.S.A. 65-6301 to 65-6318, inclusive, and amendments thereto, K.S.A 74- 5361 to 74-5372, inclusive, and amendments thereto, the marriage and family therapists registration licensure act or the alcohol and other drug abuse counselor registration act;

(b) compile and publish annually a list of the names and addresses of all persons who are licensed under this act, are licensed under the licen- sure of psychologists act of the state of Kansas, are registered licensed under the professional counselors registration licensure act, are licensed under K.S.A. 65-6301 to 65-6318, inclusive, and amendments thereto, are licensed under K.S.A. 74-5361 to 74-5372, inclusive, and amendments thereto, are registered licensed under the marriage and family therapists registration licensure act or are registered under the alcohol and other drug abuse counselor registration act;

(c) prescribe the form and contents of examinations required under this act, the licensure of psychologists act of the state of Kansas, the professional counselors registration licensure act, K.S.A. 65-6301 to 65- 6318, inclusive, and amendments thereto, K.S.A. 74-5361 to 74-5372, inclusive, and amendments thereto, the marriage and family therapists registration licensure act or the alcohol and other drug abuse counselor registration act;

(d) enter into contracts necessary to administer this act, the licensure of psychologists act of the state of Kansas, the professional counselors registration licensure act, K.S.A. 65-6301 to 65-6318, inclusive, and amendments thereto, K.S.A. 74-5361 to 74-5372, inclusive, and amend- ments thereto, the marriage and family therapists registration licensure act or the alcohol and other drug abuse counselor registration act;

(e) adopt an official seal;

(f) adopt and enforce rules and regulations for professional conduct of persons licensed under the licensure of psychologists act of the state of Kansas, registered licensed under the professional counselors registra- tion licensure act, licensed under K.S.A. 65-6301 to 65-6318, inclusive, and amendments thereto, registered licensed under K.S.A. 74-5361 to 74- 5372, inclusive, and amendments thereto, licensed under the marriage and family therapists registration licensure act or registered under the alcohol and other drug abuse counselor registration act;

(g) adopt and enforce rules and regulations establishing requirements for the continuing education of persons licensed under the licensure of psychologists act of the state of Kansas, registered licensed under the professional counselors registration licensure act, licensed under K.S.A. 65-6301 to 65-6318, inclusive, and amendments thereto, licensed under K.S.A. 74-5361 to 74-5372, inclusive, and amendments thereto, licensed under the marriage and family therapists licensure act or registered under the alcohol and other drug abuse counselor registration act;

(h) adopt rules and regulations establishing classes of social work spe- cialties which will be recognized for licensure under K.S.A. 65-6301 to 65-6318, inclusive, and amendments thereto;

(i) adopt rules and regulations establishing procedures for examina- tion of candidates for licensure under the licensure of psychologists act of the state of Kansas, for registration licensure under the professional counselors registration licensure act, for licensure under K.S.A. 65-6301 to 65-6318, inclusive, and amendments thereto, registered for licensure under K.S.A. 74-5361 to 74-5372, inclusive, and amendments thereto, for licensure under the marriage and family therapists registration licensure act, registered for registration under the alcohol and other drug abuse counselor registration act and for issuance of such certificates and such licenses;

(j) adopt rules and regulations as may be necessary for the adminis- tration of this act, the licensure of psychologists act of the state of Kansas, the professional counselors registration licensure act, K.S.A. 65-6301 to 65-6318, inclusive, and amendments thereto, K.S.A. 74-5361 to 74-5372, inclusive, and amendments thereto, the marriage and family therapists registration licensure act and the alcohol and other drug abuse counselor registration act and to carry out the purposes thereof;

(k) appoint an executive director and other employees as provided in K.S.A. 74-7501 and amendments thereto; and

(l) exercise such other powers and perform such other functions and duties as may be prescribed by law.

Sec. 44. K.S.A. 65-5808, 65-5813, 65-5814, 65-6314, 74-5364, 74- 5365, 74-5368 and 74-7501 and K.S.A. 1995 Supp. 65-6411 are hereby repealed.

Sec. 45. On January 1, 1997, K.S.A. 65-5801, 65-5802, 65-5803, 65- 5804, 65-5806, 65-5807, 65-5808, as amended by section 7 of this act, 65- 5809, 65-5810, 65-5811, 65-5812, 65-5815, 65-5816, 65-6401, 65-6402, 65-6403, 65-6404, 65-6405, 65-6406, 65-6407, 65-6408, 65-6409, 65-6410, 65-6412, 74-5310, 74-5320, 74-5361, 74-5362, 74-5363, 74- 5365, as amended by section 34 of this act, 74-5366, 74-5367, 74-5369, 74-5371, 74-5372 and 74-7507 and K.S.A. 1995 Supp. 65-6411, as amended by section 26 of this act are hereby repealed.

Sec. 46. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 10, 1996.