Chapter 239

HOUSE BILL No. 3085
(Amends Chapter 153)

An Act concerning the behavioral sciences regulatory board; amending K.S.A. 65-5811, as amended by section 11 of 1996 House Bill No. 2692, 74-5363, as amended by section 33 of 1996 House Bill No. 2692, and 74-5366, as amended by section 36 of 1996 House Bill No. 2692, and repealing the existing sections.

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

Section 1. K.S.A. 65-5811, as amended by section 11 of 1996 House Bill No. 2692, is hereby amended to read as follows: 65-5811. (a) 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) (b) 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 continuously for five years immediately prior to application for licensure under this act and is otherwise qualified to be licensed as a professional counselor.

(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. 2. K.S.A. 74-5363, as amended by section 33 of 1996 House Bill No. 2692, is hereby amended to read as follows: 74-5363. (a) Any person who desires to be licensed under this act shall apply to the board in writing, on forms prepared and furnished by the board. Each application shall contain appropriate documentation of the particular qualifications required by the board and shall be accompanied by the required fee.

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

(1) Is at least 21 years of age;

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

(3) has received at least a master's degree in clinical psychology based on a program of studies in psychology from an educational institution having a graduate program in psychology consistent with state universities 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 minimum of 12 semester hours or its equivalent in psychological foundation courses such as, but not limited to, philosophy of psychology, psychology of per- ception, learning theory, history of psychology, motivation, and statistics and 24 semester hours or its equivalent in professional core courses such as, but not limited to, two courses in psychological testing, psychopa- thology, two courses in psychotherapy, personality theories, developmen- tal psychology, research methods, social psychology; or has passed com- prehensive examinations or equivalent final examinations in a doctoral program in psychology and during such graduate program completed a minimum of 12 semester hours or its equivalent in psychological foun- dation courses such as, but not limited to, philosophy of psychology, psy- chology of perception, learning theory, history of psychology, motivation, and statistics and 24 semester hours or its equivalent in professional core courses such as, but not limited to, two courses in psychological testing, psychopathology, two courses in psychotherapy, personality theories, de- velopmental psychology, research methods, social psychology;

(4) has completed 750 clock hours of academically supervised prac- ticum in the master's degree program or 1,500 clock hours of postgrad- uate supervised work experience;

(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 exam- ination 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

(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) 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 (2) (3) 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) (3) of subsection (b) and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the educational insti- tution to be considered for approval. The board may contract with inves- tigative agencies, commissions or consultants to assist the board in ob- taining information about educational institutions. In entering such contracts the authority to approve educational institutions shall remain solely with the board.

Sec. 3. K.S.A. 74-5366, as amended by section 36 of 1996 House Bill No. 2692, is hereby amended to read as follows: 74-5366. (a) All licenses shall be effective upon the date issued and shall expire at the end of 24 months from the date of issuance.

(b) 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 license has been neither re- voked nor currently suspended, that the applicant currently meets the employment requirements of part (4) (7) of subsection (b) of K.S.A. 74- 5363 and amendments thereto and that the applicant has met the require- ments 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 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 license, the license is void, and no 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 license, except that no license shall be reinstated if such payment and proof is received more than one year after the date of expiration of the license.

(e) A duplicate 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 ap- plication 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 ap- plication for licensure pursuant to this act. For exchange of a license in lieu of registration 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. 4. K.S.A. 65-5811, as amended by section 11 of 1996 House Bill No. 2692, 74-5363, as amended by section 33 of 1996 House Bill No. 2692, and 74-5366, as amended by section 36 of 1996 House Bill No. 2692, are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after Jan- uary 1, 1997, and its publication in the statute book.

Approved May 11, 1996.