CHAPTER 108
HOUSE BILL No. 2033
An Act concerning mental health service providers; relating to
temporary licensure thereof;
amending K.S.A. 74-5316 and K.S.A. 1998 Supp. 65-5804, 65-5811,
65-5812, 65-6405,
74-5344 and 74-5367 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1998 Supp.
65-5804 is hereby amended to read as
follows: 65-5804. (a) Applications for 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 licensure as a
professional counselor shall fur-
nish evidence satisfactory to the board that the applicant:
(1) Is at least 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;
(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
su-
pervision 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 ac-
ceptable 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 is waiting to take
the examination required by the
board or who intends to pursue the postgraduate supervised
training ex-
perience shall apply to the board for a temporary
permit license to prac-
tice 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
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 responsible for
administrative
oversight and clinical supervision, and statement acknowledging
behav-
ioral sciences regulatory board postgraduate training
requirements.
(e) (1) A temporary
permit license may be issued by the board
after
the application has been reviewed and approved by the board and
the
applicant has paid the appropriate fee set by the board for
issuance of
new licenses.
(2) A temporary permit
license 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 temporary
license. A temporary permit
license may be renewed for one additional two-year period if
the board
finds that satisfactory progress toward the supervised experience
require-
ment is being met.
(f) A person practicing professional
counseling with a temporary per-
mit license may not use the title
``licensed professional counselor'' or the
initials ``LPC'' independently. The word ``licensed'' may be used
only
when followed by the words ``by temporary permit
license'' such as li-
censed professional counselor by temporary permit
license, or profes-
sional counselor temporarily licensed by temporary
permit.
(g) Nothing in this section shall
affect any temporary permit to prac-
tice issued under this section prior to the effective date of
this act and in
effect on the effective date of this act. Such temporary permit
shall be
subject to the provisions of this section in effect at the time
of its issuance
and shall continue to be effective until the date of expiration
of the permit
as provided under this section at the time of issuance of such
temporary
permit.
Sec. 2. K.S.A. 1998 Supp. 65-5811
is hereby amended to read as
follows: 65-5811. (a) Prior to July 1, 1998, the board, upon
receipt of a
proper application and payment of fees, shall issue a license or a
tempo-
rary license by temporary permit shall be
issued to an applicant without
examination if the board is satisfied that the applicant meets the
require-
ments of paragraphs (1) to (3), inclusive, of subsection (b) of
K.S.A. 65-
5804 and amendments thereto or if the board is satisfied that the
appli-
cant 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
imme-
diately prior to application for licensure under
this the professional coun-
selors licensure act and is otherwise qualified to be
licensed as a profes-
sional 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 such act.
Such person shall not be re-
quired to file an original application for licensure under
this such 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 such
act.
(c) Nothing in this section shall
affect any temporary permit to prac-
tice issued under this section prior to the effective date of
this act and in
effect on the effective date of this act. Such temporary permit
shall be
subject to the provisions of this section in effect at the time
of its issuance
and shall continue to be effective until the date of expiration
of the permit
as provided under this section at the time of issuance of such
temporary
permit.
Sec. 3. K.S.A. 1998 Supp. 65-5812
is hereby amended to read as
follows: 65-5812. Nothing in the professional counselors 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, any private educational institution,
so long
as such individuals are performing counseling or counseling-related
ac-
tivities 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 licensed under
this such 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
such act;
(i) to prohibit the activities of persons
performing services pursuant
to a temporary permit license issued
pursuant to this such 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. 4. K.S.A. 1998 Supp. 65-6405
is hereby amended to read as
follows: 65-6405. (a) Prior to July 1, 1998, the board, upon
receipt of a
proper application and payment of fees, shall issue a license or a
tempo-
rary license by temporary permit to an
applicant without examination if
the board is satisfied that the applicant meets the requirements of
para-
graphs (1) to (3), inclusive, 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 application for licensure under
this the
marriage and family therapists licensure act and is
otherwise qualified to
be licensed as a marriage and family therapist. A person registered
as a
marriage and family therapist on December 30, 1996, shall be
deemed
to be a licensed marriage and family therapist under
this such act. Such
person shall not be required to file an original application for
licensure
under this such 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 such act.
(b) A person who is waiting to take
the examination required by the
board or who intends to pursue the postgraduate supervised
training ex-
perience shall apply to the board for a temporary
permit license to prac-
tice as a licensed marriage and family therapist by (1) paying an
appli-
cation 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
re-
sponsible for administrative oversight and clinical supervision,
and state-
ment acknowledging behavioral sciences regulatory board
postgraduate
training requirements.
(c) (1) A temporary
permit license may be issued by the board
after
the application has been reviewed and approved by the board and
the
applicant has paid the appropriate fee set by the board for
issuance of
new licenses.
(2) A temporary permit
license 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 temporary
license. A temporary permit
license may be renewed for one additional two-year period if
the board
finds that satisfactory progress toward the supervised experience
require-
ment is being met.
(d) A person practicing marriage and
family therapy with a temporary
permit license may not use the title
``licensed marriage and family ther-
apist'' or the initials ``LMFT'' independently. The word
``licensed'' may
be used only when followed by the words ``by temporary
permit license''
such as licensed marriage and family therapist by temporary
permit li-
cense, or marriage and family therapist, temporarily
licensed by tempo-
rary permit.
(e) Nothing in this section shall
affect any temporary permit to prac-
tice issued under this section prior to the effective date of
this act and in
effect on the effective date of this act. Such temporary permit
shall be
subject to the provisions of this section in effect at the time
of its issuance
and shall continue to be effective until the date of expiration
of the permit
as provided under this section at the time of issuance of such
temporary
permit.
Sec. 5. K.S.A. 74-5316 is hereby
amended to read as follows: 74-
5316. (a) The board may grant a temporary license
without examination,
valid for a period not to exceed 90 days in one calendar year, to a
non-
resident psychologist who could be licensed in this state and who
is tem-
porarily employed to come into the state to render psychological
services,
the fee for which shall be $15.
(b) Upon application, the board may
issue temporary licenses to per-
sons who have met all qualifications for licensure under
provisions of the
licensure of psychologists act of the state of Kansas, except
passage of the
required examination, pursuant to K.S.A. 74-5310, and
amendments
thereto, who must wait for completion of the next examination,
who have
paid the required application, examination and temporary license
fees and
who have submitted documentation as required by the board, under
the
following:
(1) The temporary license shall expire
upon receipt and recording of
the temporary licensee's second examination score by the board
if such
temporary licensee fails the examination after two attempts or
upon the
date the board issues or denies the temporary licensee a license
to practice
psychology if such temporary licensee passes the
examination;
(2) such temporary licensee shall take
the next license examination
subsequent to the date of issuance of the temporary license
unless there
are extenuating circumstances approved by the board;
(3) the board shall adopt rules and
regulations prescribing continuing
education requirements for temporary licensees, including, but
not limited
to, a requirement that temporary licensees shall complete a
minimum of
25 contact hours of continuing education during the two-year
period of
temporary licensure, which shall include a minimum of three
hours in
psychology ethics;
(4) no person may work under a
temporary license except under the
supervision of a licensed psychologist as prescribed in rules
and regula-
tions adopted by the board; and
(5) the fee for such temporary license
shall be fixed by rules and reg-
ulations adopted by the board and shall not exceed
$200.
(c) Upon application, the board may
issue temporary licenses not to
exceed two years to persons who have met all qualifications for
licensure
under provisions of such act, except completion of the
postdoctoral su-
pervised work experience pursuant to subsection (a)(4) of K.S.A.
74-5310,
and amendments thereto, who have paid the required application
and
temporary license fees and who have submitted documentation as
re-
quired by the board, under the following:
(1) The temporary license shall expire
at the end of the two-year pe-
riod after issuance or if such temporary licensee is denied a
license to
practice psychology;
(2) the temporary license may be
renewed for one additional two-
year period after expiration;
(3) temporary licensees shall take the
license examination pursuant to
subsection (a)(4) of K.S.A. 74-5310, and amendments thereto,
subsequent
to the date of issuance and prior to expiration of the temporary
license
unless there are extenuating circumstances approved by the
board;
(4) temporary licensees shall be
working toward the completion of the
postdoctoral supervised work experience prescribed in subsection
(a)(4)
of K.S.A. 74-5310, and amendments thereto;
(5) the board shall adopt rules and
regulations prescribing continuing
education requirements for temporary licensees, including, but
not limited
to, a requirement that temporary licensees shall complete a
minimum of
25 contact hours of continuing education during the two-year
period of
temporary licensure, which shall include a minimum of three
hours in
psychology ethics;
(6) no temporary licensee may work
under a temporary license except
under the supervision of a licensed psychologist as prescribed
in rules and
regulations adopted by the board; and
(7) the fee for a renewal of the
temporary license shall be fixed by
rules and regulations adopted by the board and shall not exceed
$200 per
issuance.
(d) A person practicing psychology
with a temporary license may not
use the title ``licensed psychologist'' or the initials ``LP''
independently.
The word ``licensed'' may be used only when preceded by the word
``tem-
porary'' such as temporary licensed psychologist, or the
initials ``TLP''.
(e) This section shall be part of and
supplemental to the provisions of
article 53 of chapter 74 of the Kansas Statutes Annotated, and
amend-
ments thereto.
(f) As used in this section,
``temporary licensee'' means any person
practicing psychology with a temporary license pursuant to
subsection
(b) or (c) of this section.
Sec. 6. K.S.A. 1998 Supp. 74-5344
is hereby amended to read as
follows: 74-5344. Nothing contained in this the
licensure of psychologists
act of the state of Kansas shall be construed: (a) To
prevent qualified
members of other professional groups such as, but not limited to,
min-
isters, Christian Science practitioners, social workers and
sociologists
from doing work of a psychological nature consistent with their
training
and consistent with any code of ethics of their respective
professions so
long as they do not hold themselves out to the public by any title
or
description of services incorporating the words ``psychologic,''
``psycho-
logical,'' ``psychologist'' or ``psychology'';
(b) 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 psychology, the application of its principles, the
teaching
of such subject matter and the conducting of research on problems
re-
lating to human behavior if such person does not represent such
person
or such person's services in any manner prohibited by
this such act;
(c) to limit the practice of psychology
of a licensed masters level psy-
chologist or a person who holds a temporary permit
license to practice as
a licensed masters level psychologist insofar as such practice is a
part of
the duties of any such person's salaried position, and insofar as
such prac-
tice is performed solely on behalf of such person's employer or
insofar as
such person is engaged in public speaking with or without
remuneration;
(d) to limit the practice of psychology
or services of a student, intern
or resident in psychology pursuing a degree in psychology in a
school,
college, university or other institution, with educational
standards consis-
tent with those of the state universities of Kansas if such
practice or
services are supervised as a part of such person's degree program.
Noth-
ing contained in this section shall be construed as permitting such
persons
to offer their services as psychologists to any other person and to
accept
remuneration for such psychological services other than as
specifically
excepted herein, unless they have been licensed under the
provisions of
the licensure of psychologists act of the state of Kansas,
registered under
the provisions of K.S.A. 74-5361 to 74-5371, inclusive, and
amendments
thereto or granted a temporary permit
license under the provisions of
K.S.A. 74-5367 and amendments thereto;
(e) to prevent the employment, by a
person, association, partnership
or a corporation furnishing psychological services for
remuneration, of
persons not licensed as psychologists under the provisions of
this such act
to practice psychology if such persons work under the supervision
of a
psychologist or psychologists licensed under the provisions of
this such
act and if such persons are not in any manner held out to the
public as
psychologists licensed under the provisions of the licensure of
psycholo-
gists act of the state of Kansas, as registered under the
provisions of K.S.A.
74-5361 to 74-5371, inclusive, and amendments thereto or as holding
a
temporary permit license under the
provisions of K.S.A. 74-5367 and
amendments thereto;
(f) to restrict the use of tools, tests,
instruments or techniques usually
denominated ``psychological'' so long as the user does not
represent one-
self to be a licensed psychologist or a licensed masters level
psychologist;
(g) to permit persons licensed as
psychologists to engage in the prac-
tice of medicine as defined in the laws of this state, nor to
require such
licensed psychologists to comply with the Kansas healing arts
act;
(h) to restrict the use of the term
``social psychologist'' by any person
who has received a doctoral degree in sociology or social
psychology from
an institution whose credits in sociology or social psychology are
accept-
able by a school or college as defined in this
the licensure of psychologists
act of the state of Kansas, and who has passed comprehensive
examination
in the field of social psychology as a part of the requirements for
the
doctoral degree or has had equivalent specialized training in
social psy-
chology;
(i) to restrict the practice of
psychology by a person who is certified
as a school psychologist by the state department of education so
long as
such practice is conducted as a part of the duties of employment by
a
unified school district or as part of an independent evaluation
conducted
in accordance with K.S.A. 72-963 and amendments thereto, including
the
use of the term ``school psychologist'' by such person in
conjunction with
such practice; or
(j) to restrict the use of the term
psychologist or the practice of psy-
chology by psychologists not licensed under this
the licensure of psychol-
ogists act of the state of Kansas in institutions for
the mentally retarded,
in the juvenile correctional facilities at Atchison, Beloit, Larned
and To-
peka or in institutions within the department of corrections
insofar as
such term is used or such practice of psychology is performed
solely in
conjunction with such person's employment by any such institution
or
juvenile correctional facility.
Sec. 7. K.S.A. 1998 Supp. 74-5367
is hereby amended to read as
follows: 74-5367. (a) The board may issue a temporary
permit license to
practice as a licensed masters level psychologist to any person who
pays
a fee prescribed by the board under this section, which shall not
be re-
funded, and who: (1) Meets all the requirements for licensure under
this
act K.S.A. 74-5361 et seq., and
amendments thereto, as a licensed masters
level psychologist, but whose application for licensure is pending;
or (2)
meets all the requirements for licensure under this
act K.S.A. 74-5361 et
seq., and amendments thereto, as a licensed masters level
psychologist
except the requirement of postgraduate supervised work experience
or
current employment passing the licensing
examination, or both.
(b) A temporary permit
license issued by the board shall expire at
such time as final action on the application is completed, but all
such
temporary permits licenses shall expire two
years after the date of issuance
of the permit temporary license. A
temporary permit license issued by
the board may be renewed for one additional twenty-four-month
period
if the board finds that satisfactory progress toward the supervised
expe-
rience requirement is being met.
(c) The board shall fix by rules and
regulations fees for application
and renewal of each type of temporary permit
license 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 license
under clause (1) of subsection (a) shall not exceed $200.
(d) The application for a temporary
permit license may be denied or
a temporary permit license which has been
issued may be suspended or
revoked on the same grounds as provided for suspension or
revocation of
a license under K.S.A. 74-5369 and amendments thereto.
(e) Nothing in this section shall
affect any temporary permit to prac-
tice issued under this section prior to the effective date of
this act and in
effect on the effective date of this act. Such temporary permit
shall be
subject to the provisions of this section in effect at the time
of its issuance
and shall continue to be effective until the date of expiration
of the permit
as provided under this section at the time of issuance of such
temporary
permit.
Sec. 8. K.S.A. 74-5316 and K.S.A. 1998 Supp.
65-5804, 65-5811, 65-
5812, 65-6405, 74-5344 and 74-5367 are hereby repealed.
Sec. 9. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 14, 1999.
__________