CHAPTER 117
HOUSE BILL No. 2213
An Act concerning the behavioral sciences regulatory board;
concerning professions reg-
ulated by the board; amending K.S.A. 65-5805, 65-6302, 65-6308,
65-6313, 65-6315, 74-
5302, 74-5318 and 74-5323 and K.S.A. 1998 Supp. 65-5802, 65-5803,
65-5804, 65-5806,
65-5808, 65-5809, 65-5810, 65-5812, 65-6306, 65-6319, 65-6402,
65-6403, 65-6404, 65-
6407, 65-6410, 65-6411, 74-5361, 74-5362, 74-5363, 74-5365,
74-5369, 74-5371 and 74-
5372 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1998 Supp.
65-5802 is hereby amended to read as
follows: 65-5802. As used in the professional counselors 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 and includes the diagnosis and
treatment
of mental disorders as authorized under the professional
counselors licen-
sure act.
(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) ``Licensed professional counselor''
means a person who is licensed
under this act and who engages in the
private practice of professional
counseling and is licensed under this act
except that on and after January
1, 2002, such person shall engage in the practice of
professional counseling
only under the direction of a licensed clinical professional
counselor, a
licensed psychologist, 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 mental disorders.
(h) ``Licensed clinical professional
counselor'' means a person who
engages in the independent practice of professional counseling
including
the diagnosis and treatment of mental disorders specified in the
edition
of the diagnostic and statistical manual of mental disorders of
the Amer-
ican psychiatric association designated by the board by rules
and regu-
lations and who is licensed under this act.
Sec. 2. K.S.A. 1998 Supp. 65-5803
is hereby amended to read as
follows: 65-5803. (a) On and after January 1,
1997, No person shall engage
in the practice of professional counseling or represent that such
person
is a licensed professional counselor, licensed counselor or
professional
counselor without having first obtained a license as a professional
coun-
selor under the professional counselors licensure act.
(b) On and after the effective date of
this act, no person shall engage
in the practice of professional counseling as a clinical
professional coun-
selor or represent that such person is a licensed clinical
professional coun-
selor without first having obtained a license as a clinical
professional coun-
selor under the professional counselors licensure act.
(b) (c) Violation
of this section is a class B misdemeanor.
Sec. 3. 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) (3) has
passed an examination required by the board; and
(5) (4) has
satisfied the board that the applicant is a person who merits
the public trust.
(c) (1) Applications for
licensure as a clinical professional counselor
shall be made to the board on a form and in the manner
prescribed by
the board. Each applicant shall furnish evidence satisfactory to
the board
that the applicant:
(A) Is licensed by the board as a
licensed professional counselor or
meets all requirements for licensure as a licensed professional
counselor;
(B) has completed 15 credit hours as
part of or in addition to the
requirements under subsection (b) supporting diagnosis or
treatment of
mental disorders with use of the American psychiatric
association's di-
agnostic and statistical manual, through identifiable study of
the following
content areas: Psychopathology, diagnostic assessment,
interdisciplinary
referral and collaboration, treatment approaches and
professional ethics;
(C) has completed a graduate level
supervised clinical practicum of
supervised professional experience including psychotherapy and
assess-
ment with individuals, couples, families or groups, integrating
diagnosis
and treatment of mental disorders with use of the American
psychiatric
association's diagnostic and statistical manual, with not less
than 350
hours of direct client contact or additional postgraduate
supervised ex-
perience as determined by the board;
(D) has completed not less than two
years of postgraduate supervised
professional experience in accordance with a clinical
supervision plan ap-
proved by the board of not less than 4,000 hours of supervised
professional
experience including at least 1,500 hours of direct client
contact conduct-
ing psychotherapy and assessments with individuals, couples,
families or
groups and not less than 150 hours of clinical supervision,
including not
less than 50 hours of person-to-person individual supervision,
integrating
diagnosis and treatment of mental disorders with use of the
American
psychiatric association's diagnostic and statistical manual,
except that
one-half of the requirement of this part (D) may be waived for
persons
with a doctor's degree in professional counseling or a related
field ac-
ceptable to the board;
(E) for persons earning a degree under
subsection (b) prior to July 1,
2003, in lieu of the education requirements under parts (B) and
(C) of
this subsection, has completed the education requirements for
licensure
as a professional counselor in effect on the day immediately
preceding the
effective date of this act;
(F) for persons who apply for and are
eligible for a temporary permit
to practice as a licensed professional counselor on the day
immediately
preceding the effective date of this act, in lieu of the
education and training
requirements under parts (B), (C) and (D) of this subsection,
has com-
pleted the education and training requirements for licensure as
a profes-
sional counselor in effect on the day immediately preceding the
effective
date of this act;
(G) has passed an examination approved
by the board; and
(H) has paid the application fee fixed
under K.S.A. 65-5808 and
amendments thereto.
(2) A person who was licensed or
registered as a professional coun-
selor in Kansas at any time prior to the effective date of this
act, who has
been actively engaged in the practice of professional counseling
as a reg-
istered or licensed professional counselor within five years
prior to the
effective date of this act and whose last license or
registration in Kansas
prior to the effective date of this act was not suspended or
revoked, upon
application to the board, payment of fees and completion of
applicable
continuing education requirements, shall be licensed as a
licensed clinical
professional counselor by providing demonstration of competence
to di-
agnose and treat mental disorders through at least two of the
following
areas acceptable to the board:
(a) Either (i) graduate coursework or
(ii) passing a national, clinical
examination;
(b) either (i) three years of clinical
practice in a community mental
health center, its contracted affiliate or a state mental
hospital or (ii) three
years of clinical practice in other settings with demonstrated
experience
in diagnosing or treating mental disorders; or
(c) attestation from one professional
licensed to diagnose and treat
mental disorders in independent practice or licensed to practice
medicine
and surgery that the applicant is competent to diagnose and
treat mental
disorders.
(3) A licensed clinical professional
counselor may engage in the in-
dependent practice of professional counseling and is authorized
to diag-
nose and treat mental disorders specified in the edition of the
diagnostic
and statistical manual of mental disorders of the American
psychiatric
association designated by the board by rules and regulations.
When a
client has symptoms of a mental disorder, a licensed clinical
professional
counselor shall consult with the client's primary care physician
or psy-
chiatrist to determine if there may be a medical condition or
medication
that may be causing or contributing to the client's symptoms of
a mental
disorder. A client may request in writing that such consultation
be waived
and such request shall be made a part of the client's record. A
licensed
clinical professional counselor may continue to evaluate and
treat the
client until such time that the medical consultation is obtained
or waived.
(4) On and after January 1, 2002, a
licensed professional counselor
may diagnose and treat mental disorders specified in the edition
of the
diagnostic and statistical manual of mental disorders of the
American
psychiatric association designated by the board by rules and
regulations
only under the direction of a licensed clinical professional
counselor, li-
censed psychologist, person licensed to practice medicine and
surgery or
person licensed to provide mental health services as an
independent prac-
titioner and whose licensure allows for the diagnosis and
treatment of
mental disorders. When a client has symptoms of a mental
disorder, a
licensed professional counselor shall consult with the client's
primary care
physician or psychiatrist to determine if there may be a medical
condition
or medication that may be causing or contributing to the
client's symp-
toms of a mental disorder. A client may request in writing that
such
consultation be waived and such request shall be made a part of
the client's
record. A licensed professional counselor may continue to
evaluate and
treat the client until such time that the medical consultation
is obtained
or waived.
(c) (d) The board
shall adopt rules and regulations establishing the
criteria 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) (e) 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 su-
pervised training plan on forms supplied by the board describing
services
to be provided, place of employment, persons responsible for
adminis-
trative oversight and clinical supervision, and statement
acknowledging
behavioral sciences regulatory board postgraduate training
requirements.
(e) (f)
(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) (g) A person
practicing professional counseling with a temporary
permit may not use the title ``licensed professional counselor'' or
the in-
itials ``LPC'' independently. The word ``licensed'' may be used
only when
followed by the words ``by temporary permit'' such as licensed
profes-
sional counselor by temporary permit, or professional counselor
licensed
by temporary permit.
New Sec. 4. A licensee under the
professional counselors licensure
act, at the beginning of a client-therapist relationship, shall
inform the
client of the level of such licensee's training and the title or
titles and
license or licenses of such licensee. As a part of such obligation,
such
licensee shall disclose whether such licensee has a master's degree
or a
doctoral degree. If such licensee has a doctoral degree, such
licensee shall
disclose whether or not such doctoral degree is a doctor of
medicine
degree or some other doctoral degree. If such licensee does not
have a
medical doctor's degree, such licensee shall disclose that the
licensee is
not authorized to practice medicine and surgery and is not
authorized to
prescribe drugs. As a part of such disclosure, such licensee shall
advise
the client that certain mental disorders can have medical or
biological
origins, and that the client should consult with a physician.
Documenta-
tion of such disclosures to a client shall be made in the client's
record.
Sec. 5. K.S.A. 65-5805 is hereby
amended to read as follows: 65-
5805. An application for examination as a professional counselor
or as a
clinical professional counselor shall be made to the board
on a form pro-
vided by the board. The application shall be accompanied by the
exami-
nation fee fixed under K.S.A. 65-5808. If an applicant fails to
pass the
examination, the applicant may reapply and shall be allowed to take
a
subsequent examination. An applicant who has failed two successive
ex-
aminations may not reapply for two years from the date of the last
ex-
amination.
Sec. 6. K.S.A. 1998 Supp. 65-5806
is hereby amended to read as
follows: 65-5806. (a) An applicant who meets the requirements for
licen-
sure pursuant to this act, has paid the 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 licensed by the board.
(b) Licenses issued pursuant to this act
shall expire 24 months from
the date of issuance unless revoked prior to that time. A license
may be
renewed upon application and payment of the fee provided for by
K.S.A.
65-5808 and amendments thereto. 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
re-
quired by rules and regulations of the board. As part of such
continuing
education, a licensee shall complete not less than six
continuing education
hours relating to diagnosis and treatment of mental disorders
and not less
than three continuing education hours of professional
ethics.
(c) A person whose license has been
suspended or revoked may make
written application to the board requesting reinstatement of the
license
upon termination of the period of suspension 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. 7. K.S.A. 1998 Supp. 65-5808
is hereby amended to read as
follows: 65-5808. (a) The board shall fix by rules and regulations
the fol-
lowing fees:
(1) For application for licensure, not
more than $100;
(2) for an original license, not more
than $175;
(3) for examination, not more than
$175;
(4) for renewal of a license, not more
than $150;
(5) for reinstatement of a license, not
more than $175;
(6) for replacement of a license, not
more than $20;
(7) for application for
endorsement in a specialty licensure as a
clin-
ical professional counselor, not more than $175;
(8) for biennial renewal
for endorsement in a specialty licensure as
a
clinical professional counselor, not more than $175;
(9) for late renewal penalty, an amount
equal to the fee for renewal
of a 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. 8. K.S.A. 1998 Supp. 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 license or specialty
designation granted under the
professional counselors 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 license issued pursuant to the provisions of the professional
counsel-
ors licensure act or in obtaining permission to take any
examination given
or required pursuant to the provisions of the professional
counselors li-
censure 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 or clinical professional counselor;
(f) violation of, or assisting or
enabling any individual to violate, any
provision of the professional counselors licensure act or any rule
and
regulation adopted under such act;
(g) impersonation of any individual
holding a license or allowing any
individual to use a license or diploma from any school of a person
licensed
under the professional counselors licensure act or a diploma from
any
school of an applicant for licensure under the professional
counselors
licensure act;
(h) revocation or suspension of a license
or other authorization 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 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 licensed
professional coun-
selor or a licensed clinical professional counselor who is
not licensed un-
der the provisions of the professional counselors licensure
act;
(k) the issuance of the 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 licensee has had a registration,
license or certificate as a pro-
fessional counselor revoked, suspended or limited, or has had other
dis-
ciplinary action taken, or an application for a registration,
license or cer-
tificate 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. 9. K.S.A. 1998 Supp. 65-5810
is hereby amended to read as
follows: 65-5810. (a) The confidential relations and
communications be-
tween a 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.
(b) The confidential relations and
communications between a licensed
clinical 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.
(c) Nothing in this section or in this
act shall be construed to prohibit
any licensed professional counselor or licensed clinical
professional coun-
selor from testifying in court hearings concerning matters of
adult abuse,
adoption, child abuse, child neglect, or other matters
pertaining to the
welfare of children or from seeking collaboration or
consultation with
professional colleagues or administrative superiors, or both, on
behalf of
the client. There is no privilege under this section for
information which
is required to be reported to a public official.
Sec. 10. 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 act to diagnose or treat
mental illness or disease except that licensed clinical
professional coun-
selors may diagnose and treat mental disorders in accordance
with this
act;
(f) to 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 apply to the activities of
persons working under the supervision
of a clinical 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. 11. K.S.A. 65-6302 is hereby
amended to read as follows: 65-
6302. As used in this act, unless the context clearly requires
otherwise,
the following words and phrases shall have the meaning ascribed to
them
in this section:
(a) ``Board'' means the behavioral
sciences regulatory board created
by K.S.A. 74-7501.
(b) ``Social work practice'' means the
professional activity of helping
individuals, groups or communities enhance or restore their
capacity for
physical, social and economic functioning and the professional
application
of social work values, principles and techniques in areas such as
psycho-
therapy, social service administration, social planning, social
work con-
sultation and social work research to one or more of the following
ends:
Helping people obtain tangible services; counseling with
individuals, fam-
ilies and groups; helping communities or groups provide or improve
social
and health services; and participating in relevant social action.
The prac-
tice of social work requires knowledge of human development and
be-
havior; of social, economic and cultural institutions and forces;
and of the
interaction of all these factors. Social work practice includes the
teaching
of practicum courses in social work and includes the diagnosis
and treat-
ment of mental disorders as authorized under K.S.A. 65-6306 and
65-
6319, and amendments thereto.
(c) ``Psychotherapy'' means the use of
psychological and social meth-
ods within a professional relationship, to assist the person or
persons to
achieve a better psychosocial adaptation to acquire greater human
reali-
zation of psychosocial potential and adaptation; to modify internal
and
external conditions which affect individuals, groups or communities
in
respect to behavior, emotions and thinking, in respect to their
intra-per-
sonal and inter-personal processes. Forms of psychotherapy include
but
are not restricted to individual psychotherapy, conjoint marital
therapy,
family therapy and group psychotherapy.
Sec. 12. K.S.A. 1998 Supp. 65-6306
is hereby amended to read as
follows: 65-6306. (a) The board shall issue a license as a
baccalaureate
social worker to an applicant who:
(1) Has a baccalaureate degree from an
accredited college or univer-
sity, including completion of a social work program recognized and
ap-
proved by the board, pursuant to rules and regulations adopted by
the
board;
(2) has passed an examination approved by
the board for this purpose;
and
(3) has satisfied the board that the
applicant is a person who merits
the public trust.
(b) The board shall issue a license as a
master social worker to an
applicant who:
(1) Has a master's degree from an
accredited college or university,
including completion of a social work program recognized and
approved
by the board, pursuant to rules and regulations adopted by the
board;
(2) has passed an examination approved by
the board for this purpose;
and
(3) has satisfied the board that the
applicant is a person who merits
the public trust.
(c) The board shall issue a license in
one of the social work specialties
to an applicant who:
(1) Has a master's or doctor's degree
from an accredited graduate
school of social work, including completion of a social work
program rec-
ognized and approved by the board, pursuant to rules and
regulations
adopted by the board;
(2) has had two years of full-time
post-master's or post-doctor's de-
gree experience under the supervision of a licensed social worker
in the
area of the specialty in which such applicant seeks to be
licensed;
(3) has passed an examination approved by
the board for this purpose;
and
(4) has satisfied the board that the
applicant is a person who merits
the public trust.
(d) The board shall issue a
license as a specialist clinical social worker
only to an applicant who has met the requirements of
subsection (c) of
this section and has also demonstrated to the board that
the applicant is
competent in diagnosis of mental disorders. The board shall
adopt rules
and regulations to determine competency through curriculum
require-
ments and examination proficiency.
(d) (1) The board shall issue a
license as a specialist clinical social
worker to an applicant who:
(A) Has met the requirements of
subsection (c);
(B) has completed 15 credit hours as
part of or in addition to the
requirements under subsection (c) supporting diagnosis or
treatment of
mental disorders with use of the American psychiatric
association's di-
agnostic and statistical manual, through identifiable study of
the following
content areas: Psychopathology, diagnostic assessment,
interdisciplinary
referral and collaboration, treatment approaches and
professional ethics;
(C) has completed a graduate level
supervised clinical practicum of
supervised professional experience including psychotherapy and
assess-
ment, integrating diagnosis and treatment of mental disorders
with use of
the American psychiatric association's diagnostic and
statistical manual,
with not less than 350 hours of direct client contact or
additional post-
graduate supervised experience as determined by the
board;
(D) has completed as part of or in
addition to the requirements of
subsection (c) not less than two years of postgraduate
supervised profes-
sional experience in accordance with a clinical supervision plan
approved
by the board of not less than 4,000 hours of supervised
professional ex-
perience including at least 1,500 hours of direct client contact
conducting
psychotherapy and assessments with individuals, couples,
families or
groups and not less than 150 hours of clinical supervision,
including not
less than 75 hours of person-to-person individual supervision,
integrating
diagnosis and treatment of mental disorders with use of the
American
psychiatric association's diagnostic and statistical
manual;
(E) for persons earning a degree under
subsection (c) prior to July 1,
2003, in lieu of the education and training requirements under
parts (B)
and (C) of this subsection, has completed the education
requirements for
licensure as a specialist clinical social worker in effect on
the day imme-
diately preceding the effective date of this act;
(F) for persons who apply for and are
eligible for a temporary license
to practice as a specialist clinical social worker on the day
immediately
preceding the effective date of this act, in lieu of the
education and training
requirements under parts (B), (C) and (D) of this subsection,
has com-
pleted the education and training requirements for licensure as
a specialist
clinical social worker in effect on the day immediately
preceding the ef-
fective date of this act;
(G) has passed an examination approved
by the board; and
(H) has paid the application
fee.
(2) A licensed specialist clinical
social worker may engage in the social
work practice and is authorized to diagnose and treat mental
disorders
specified in the edition of the diagnostic and statistical
manual of mental
disorders of the American psychiatric association designated by
the board
by rules and regulations. When a client has symptoms of a mental
dis-
order, a licensed specialist clinical social worker shall
consult with the
client's primary care physician or psychiatrist to determine if
there may
be a medical condition or medication that may be causing or
contributing
to the client's symptoms of a mental disorder. A client may
request in
writing that such consultation be waived and such request shall
be made
a part of the client's record. A licensed specialist clinical
social worker
may continue to evaluate and treat the client until such time
that the
medical consultation is obtained or waived.
(3) Notwithstanding any other
provision of this subsection, a licensed
master social worker who has provided to the board an acceptable
clinical
supervision plan for licensure as a specialist clinical social
worker prior
to the effective date of this act shall be licensed as a
specialist clinical
social worker under this act upon completion of the requirements
in effect
for licensure as a specialist clinical social worker at the time
the acceptable
training plan is submitted to the board.
(4) A person licensed as a specialist
clinical social worker on the day
immediately preceding the effective date of this act shall be
deemed to be
a licensed specialist clinical social worker under this act.
Such person shall
not be required to file an original application for licensure as
a specialist
clinical social worker under this act.
(e) The board shall adopt rules and
regulations establishing the cri-
teria which a social work program of a college or university shall
satisfy
to be recognized and approved by the board under this section. The
board
may send a questionnaire developed by the board to any college or
uni-
versity conducting a social work program for which the board does
not
have sufficient information to determine whether the program should
be
recognized and approved by the board and whether the program
meets
the 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 program to be considered for recognition
and
approval. The board may contract with investigative agencies,
commis-
sions or consultants to assist the board in obtaining information
about a
social work program of a college or university. In entering such
contracts
the authority to recognize and approve a social work program of a
college
or university shall remain solely with the board.
Sec. 13. K.S.A. 65-6308 is hereby
amended to read as follows: 65-
6308. (a) No person may engage in the private, independent
clinical prac-
tice of social work unless such person:
(1) Is licensed under this act as a
specialist clinical social worker or
specialist social worker; and
(2) has had two years' supervised
experience approved by the board,
pursuant to rules and regulations adopted by the board, as a
licensed
social worker in the specialty to be offered in private practice
subsequent
thereto.
(b) Any violation of this section shall
constitute a class B misde-
meanor.
Sec. 14. K.S.A. 65-6313 is hereby
amended to read as follows: 65-
6313. (a) All licenses issued shall be effective upon the date
issued and
shall expire at the end of 24 months from the date of issuance.
(b) Except as otherwise provided in
K.S.A. 65-6311 and amendments
thereto, a license may be renewed by the payment of the renewal fee
set
forth in K.S.A. 65-6314 and amendments thereto and the execution
and
submission of a signed statement, on a form to be provided by the
board,
attesting that the applicant's license has been neither revoked nor
cur-
rently suspended and that applicant has met the requirements for
con-
tinuing education established by the board including not less
than three
continuing education hours of professional ethics. An
applicant for re-
newal of a license as a master social worker or a specialist
clinical social
worker, as part of such continuing education, shall complete not
less than
six continuing education hours relating to diagnosis and
treatment of men-
tal disorders.
(c) The application for renewal shall be
made on or before the date
of the expiration of the license or on or before the date of the
termination
of the period of suspension.
(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 established under K.S.A.
65-6314
and amendments thereto, plus a penalty equal to the renewal fee,
and
proof satisfactory to the board of the completion of 60 hours of
continuing
education within two years prior to application for reinstatement.
Upon
receipt of such payment and proof, the board shall reinstate the
license.
A license shall be reinstated under this subsection, upon receipt
of such
payment and proof, at any time after the expiration of such
license.
(e) In case of a lost or destroyed
license, and upon satisfactory proof
of the loss or destruction thereof, the board may issue a duplicate
license
and shall charge a fee as set forth in K.S.A. 65-6314 and
amendments
thereto for such duplicate license.
Sec. 15. K.S.A. 65-6315 is hereby
amended to read as follows: 65-
6315. (a) No licensed social work associate,
or licensed baccalaureate
social worker, licensed master social worker, person
licensed in a social
work specialty, secretary, stenographer or clerk
of a licensed social work
associate or licensed baccalaureate social worker or anyone
who partici-
pates in delivery of social work services or anyone working under
super-
vision of a licensed social worker may disclose any information
such per-
son may have acquired from persons consulting such person in
the
person's professional capacity or be compelled to disclose such
informa-
tion except:
(1) With the written consent of the
client, or in the case of death or
disability, of the personal representative of the client, other
person au-
thorized to sue or the beneficiary of an insurance policy on the
client's
life, health or physical condition;
(2) that no information shall be
treated as privileged and there shall
be no privilege created by this act as to any information
acquired by a
licensed social work associate, licensed baccalaureate
social worker, li-
censed master social worker, person licensed in a social
work specialty,
secretary, stenographer or clerk of a licensed social
worker or anyone who
participates in delivery of social work services or anyone
working under
the supervision of a licensed social worker when such
information pertains
to criminal acts or violations of any law;
(3) when the person is a
child under the age of 18 years and the
information acquired by the licensed social worker indicated that
the child
was the victim or subject of a crime, the licensed social worker
may be
required to testify fully in relation thereto upon any examination,
trial or
other proceeding in which the commission of such a crime is a
subject of
inquiry;
(4) (3) when the
person waives the privilege by bringing charges
against the licensed social worker but only to the extent that such
infor-
mation is relevant under the circumstances.
(b) The confidential relations and
communications between a licensed
master social worker's or a licensed specialist clinical social
worker's client
are placed on the same basis as provided by law for those
between an
attorney and an attorney's client.
(b) (c) Nothing
in this section or in this act shall be construed to
prohibit any licensed social worker from testifying in court
hearings con-
cerning matters of adult abuse, adoption, child abuse, child
neglect, or
other matters pertaining to the welfare of children or from seeking
col-
laboration or consultation with professional colleagues or
administrative
superiors, or both, on behalf of the client. There is no
privilege under this
section for information which is required to be reported to a
public offi-
cial.
Sec. 16. K.S.A. 1998 Supp. 65-6319
is hereby amended to read as
follows: 65-6319. (a) The following licensed
social workers may diagnose
and treat mental disorders classified in the
diagnostic manuals commonly
used as a part of accepted social work practice:
(1) specified in the edition
of the diagnostic and statistical manual of mental disorders of
the Amer-
ican psychiatric association designated by the board by rules
and regu-
lations: (a) A licensed specialist clinical social worker,
and (2) (b) a li-
censed master social worker who performs diagnoses of
mental disorders
within the course of employment by a licensed community
mental health
center, a state facility authorized to provide
psychotherapeutic services
or a not-for-profit entity approved under subsection (c) of
section 501 of
the internal revenue code when such licensed master social
worker is
under the direction of (i) a person licensed to practice
medicine and
surgery, (ii) a licensed psychologist, or (iii) a licensed
specialist clinical
social worker.
(b) Nothing in this section shall
be construed to authorize a licensed
social worker who under subsection (a) may diagnose mental
disorders
classified in the diagnostic manuals commonly used as a
part of accepted
social work practice to provide direction for licensed
masters level psy-
chologists under K.S.A. 74-5362 and amendments
thereto.
(c) This section shall be part of
and supplemental to the provisions
of article 63 of chapter 65 of the Kansas Statutes
Annotated and acts
amendatory of the provisions thereof and supplemental
thereto engages
in the practice of social work only under the direction of a
licensed spe-
cialist clinical social worker, a licensed psychologist, 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 mental disorders. When
a client has
symptoms of a mental disorder, a licensed master social worker
shall con-
sult with the client's primary care physician or psychiatrist to
determine
if there may be a medical condition or medication that may be
causing or
contributing to the client's symptoms of a mental disorder. A
client may
request in writing that such consultation be waived and such
request shall
be made a part of the client's record. A licensed master social
worker may
continue to evaluate and treat the client until such time that
the medical
consultation is obtained or waived.
New Sec. 17. A licensee, under the
provisions of article 63 of chapter
65 of the Kansas Statutes Annotated, at the beginning of a
client-therapist
relationship, shall inform the client of the level of such
licensee's training
and the title or titles and license or licenses of such licensee.
As a part of
such obligation, such licensee shall disclose whether such licensee
has a
master's degree or a doctoral degree. If such licensee has a
doctoral de-
gree, such licensee shall disclose whether or not such doctoral
degree is
a doctor of medicine degree or some other doctoral degree. If such
li-
censee does not have a medical doctor's degree, such licensee shall
dis-
close that the licensee is not authorized to practice medicine and
surgery
and is not authorized to prescribe drugs. As a part of such
disclosure,
such licensee shall advise the client that certain mental disorders
can have
medical or biological origins, and that the client should consult
with a
physician. Documentation of such disclosures to a client shall be
made in
the client's record.
Sec. 18. K.S.A. 1998 Supp. 65-6402
is hereby amended to read as
follows: 65-6402. As used in the marriage and family therapists
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 and includes the diagnosis and
treatment of
mental disorders as authorized under the marriage and family
therapists
licensure act.
(c) ``Licensed marriage and family
therapist'' means a person who
engages in the practice of marriage and family therapy and
who is licensed
under this act except that on and after January 1, 2002, such
person shall
engage in the practice of marriage and family therapy only under
the
direction of a licensed clinical marriage and family therapist,
a licensed
psychologist, a person licensed to practice medicine and surgery
or a
person licensed to provide mental health services as an
independent prac-
titioner and whose licensure allows for the diagnosis and
treatment of
mental disorders.
(d) ``Licensed clinical marriage and
family therapist'' means a person
who engages in the independent practice of marriage and family
therapy
including the diagnosis and treatment of mental disorders
specified in the
edition of the diagnostic and statistical manual of mental
disorders of the
American psychiatric association designated by the board by
rules and
regulations and is licensed under this act.
Sec. 19. K.S.A. 1998 Supp. 65-6403
is hereby amended to read as
follows: 65-6403. (a) On and after January 1,
1997, No person shall engage
in the practice of marriage and family therapy or represent that
such
person is a licensed marriage and family therapist or a marriage
and family
therapist without having first obtained a license as a marriage and
family
therapist under the marriage and family therapist licensure
act.
(b) On and after the effective date of
this act, no person shall engage
in the practice of marriage and family therapy as a clinical
marriage and
family therapist or represent that such person is a licensed
clinical mar-
riage and family therapist or is a clinical marriage and family
therapist
without having first obtained a license as a clinical marriage
and family
therapist under the marriage and family therapist licensure
act.
(b) (c) Violation
of this section is a class B misdemeanor.
Sec. 20. K.S.A. 1998 Supp. 65-6404
is hereby amended to read as
follows: 65-6404. (a) An applicant for licensure as a marriage and
family
therapist shall furnish evidence that the applicant:
(1) Has attained the age of 21;
(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) (2)(A)
of this paragraph and consists of a minimum of nine semester hours
in
human 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
se-
mester 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)
(2)(B) of this paragraph;
(4) (3) has
passed an examination approved by the board;
and
(5) (4) has
satisfied the board that the applicant is a person who merits
the public trust.; and
(b) (5) Each
applicant shall pay an has paid the
application fee and
examination fee established by the board under K.S.A. 65-6411
and
amendments thereto.
(b) (1) Applications for
licensure as a clinical marriage and family
therapist shall be made to the board on a form and in the manner
pre-
scribed by the board. Each applicant shall furnish evidence
satisfactory
to the board that the applicant:
(A) Is licensed by the board as a
licensed marriage and family ther-
apist or meets all requirements for licensure as a marriage and
family
therapist;
(B) has completed 15 credit hours as
part of or in addition to the
requirements under subsection (a) supporting diagnosis or
treatment of
mental disorders with use of the American psychiatric
association's di-
agnostic and statistical manual, through identifiable study of
the following
content areas: Psychopathology, diagnostic assessment,
interdisciplinary
referral and collaboration, treatment approaches and
professional ethics;
(C) has completed a graduate level
supervised clinical practicum of
supervised professional experience including psychotherapy and
assess-
ment with individuals, couples, families or groups, integrating
diagnosis
and treatment of mental disorders with use of the American
psychiatric
association's diagnostic and statistical manual, with not less
than 350
hours of direct client contact or additional postgraduate
supervised ex-
perience as determined by the board;
(D) has completed not less than two
years of postgraduate supervised
professional experience in accordance with a clinical
supervision plan ap-
proved by the board of not less than 4,000 hours of supervised
professional
experience including at least 1,500 hours of direct client
contract con-
ducting psychotherapy and assessments with individuals, couples,
families
or groups and not less than 150 hours of clinical supervision,
including
not less than 50 hours of person-to-person individual
supervision, inte-
grating diagnosis and treatment of mental disorders with use of
the Amer-
ican psychiatric association's diagnostic and statistical
manual, except
that one-half of the requirement of this part (D) may be waived
for persons
with a doctor's degree in marriage and family therapy or a
related field
acceptable to the board;
(E) for persons earning a degree under
subsection (a) prior to July 1,
2003, in lieu of the education and training requirements under
parts (B)
and (C) of this subsection, has completed the education
requirements for
licensure as a marriage and family therapist in effect on the
day imme-
diately preceding the effective date of this act;
(F) for persons who apply for and are
eligible for a temporary permit
to practice as a licensed marriage and family therapist on the
day im-
mediately preceding the effective date of this act, in lieu of
the education
and training requirements under parts (B), (C) and (D) of this
subsection,
has completed the education and training requirements for
licensure as a
marriage and family therapist in effect on the day immediately
preceding
the effective date of this act;
(G) has passed an examination approved
by the board; and
(H) has paid the application fee fixed
under K.S.A. 65-6411 and
amendments thereto.
(2) A person who was licensed or
registered as a marriage and family
therapist in Kansas at any time prior to the effective date of
this act, who
has been actively engaged in the practice of marriage and family
therapy
as a registered or licensed marriage and family therapist within
five years
prior to the effective date of this act and whose last license
or registration
in Kansas prior to the effective date of this act was not
suspended or
revoked, upon application to the board, payment of fees and
completion
of applicable continuing education requirements, shall be
licensed as a
licensed clinical marriage and family therapist by providing
demonstra-
tion of competence to diagnose and treat mental disorders
through at least
two of the following areas acceptable to the board:
(a) Either (i) graduate coursework or
(ii) passing a national, clinical
examination;
(b) either (i) three years of clinical
practice in a community mental
health center, its contracted affiliate or a state mental
hospital or (ii) three
years of clinical practice in other settings with demonstrated
experience
in diagnosing or treating mental disorders; or
(c) attestation from one professional
licensed to diagnose and treat
mental disorders in independent practice or licensed to practice
medicine
and surgery that the applicant is competent to diagnose and
treat mental
disorders.
(3) A licensed clinical marriage and
family therapist may engage in
the independent practice of marriage and family therapy and is
author-
ized to diagnose and treat mental disorders specified in the
edition of the
diagnostic and statistical manual of mental disorders of the
American
psychiatric association designated by the board by rules and
regulations.
When a client has symptoms of a mental disorder, a licensed
clinical mar-
riage and family therapist shall consult with the client's
primary care
physician or psychiatrist to determine if there may be a medical
condition
or medication that may be causing or contributing to the
client's symp-
toms of a mental disorder. A client may request in writing that
such
consultation be waived and such request shall be made a part of
the client's
record. A licensed clinical marriage and family therapist may
continue to
evaluate and treat the client until such time that the medical
consultation
is obtained or waived.
(4) On and after January 1, 2002, a
licensed marriage and family
therapist may diagnose and treat mental disorders specified in
the edition
of the diagnostic and statistical manual of mental disorders
specified in
the edition of the diagnostic and statistical manual of mental
disorders of
the American psychiatric association designated by the board by
rules
and regulations only under the direction of a licensed clinical
marriage
and family therapist, licensed psychologist, person licensed to
practice
medicine and surgery or person licensed to provide mental health
services
as an independent practitioner and whose licensure allows for
the diag-
nosis and treatment of mental disorders. When a client has
symptoms of
a mental disorder, a licensed marriage and family therapist
shall consult
with the client's primary care physician or psychiatrist to
determine if
there may be a medical condition or medication that may be
causing or
contributing to the client's symptoms of a mental disorder. A
client may
request in writing that such consultation be waived and such
request shall
be made a part of the client's record. A licensed marriage and
family
therapist may continue to evaluate and treat the client until
such time
that the medical consultation is obtained or waived.
New Sec. 21. A licensee under the
marriage and family therapists
licensure act, at the beginning of a client-therapist relationship,
shall in-
form the client of the level of such licensee's training and the
title or titles
and license or licenses of such licensee. As a part of such
obligation, such
licensee shall disclose whether such licensee has a master's degree
or a
doctoral degree. If such licensee has a doctoral degree, such
licensee shall
disclose whether or not such doctoral degree is a doctor of
medicine
degree or some other doctoral degree. If such licensee does not
have a
medical doctor's degree, such licensee shall disclose that the
licensee is
not authorized to practice medicine and surgery and is not
authorized to
prescribe drugs. As a part of such disclosure, such licensee shall
advise
the client that certain mental disorders can have medical or
biological
origins, and that the client should consult with a physician.
Documenta-
tion of such disclosures to a client shall be made in the client's
record.
Sec. 22. K.S.A. 1998 Supp. 65-6407
is hereby amended to read as
follows: 65-6407. (a) An applicant who meets the requirements for
licen-
sure pursuant to this act, has paid the 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 licensed by the board.
(b) Licenses issued pursuant to this act
shall expire 24 months from
the date of issuance unless revoked prior to that time. A license
may be
renewed upon application and payment of the fee provided for by
K.S.A.
65-6411 and amendments thereto. 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
re-
quired by rules and regulations of the board. As part of such
continuing
education, the applicant shall complete not less than six
continuing edu-
cation hours relating to diagnosis and treatment of mental
disorders and
not less than three continuing education hours of professional
ethics.
(c) A person whose license has been
suspended or revoked may make
written application to the board requesting reinstatement of the
license
upon termination of the period of suspension 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. K.S.A. 1998 Supp. 65-6410
is hereby amended to read as
follows: 65-6410. (a) A person licensed under the marriage
and family
therapists licensure act and employees and professional 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
fam-
ily therapy services, unless:
(a)
(1) Disclosure is required by other state laws;
(b) (2) failure
to disclose the information presents a clear and present
danger to the health or safety of an individual;
(c) (3) 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) (4) the
patient client is a defendant in a criminal
proceeding and
the use of the privilege would violate the defendant's right to a
compul-
sory process or the right to present testimony and witnesses in
that per-
son's behalf; and or
(e) (5) a
patient client agrees to a waiver of the
privilege accorded by
this section, and in circumstances where more than one person in a
family
is receiving therapy, each such family member agrees to the waiver.
Ab-
sent a waiver from each family member, a marriage and family
therapist
shall not disclose information received by
from a family member.
(b) Nothing in this section or in this
act shall be construed to prohibit
any person licensed under the marriage and family therapist
licensure act
from testifying in court hearings concerning matters of adult
abuse, adop-
tion, child abuse, child neglect, or other matters pertaining to
the welfare
of children or from seeking collaboration or consultation with
professional
colleagues or administrative superiors, or both, on behalf of a
client. There
is no privilege under this section for information which is
required to be
reported to a public official.
Sec. 24. K.S.A. 1998 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 licensure, not to
exceed $150;
(2) for original licensure, not to exceed
$175;
(3) for examination, not to exceed
$275;
(4) for renewal of a license, not to
exceed $175;
(5) for application for licensure as a
clinical marriage and family ther-
apist, not to exceed $175;
(6) for renewal for licensure as a
clinical marriage and family ther-
apist, not to exceed $175;
(5) (7) for
reinstatement of a license, not to exceed $175;
(6) (8) for
replacement of a license, not to exceed $20; and
(7) (9) 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. 25. K.S.A. 74-5302 is hereby
amended to read as follows: 74-
5302. For the purpose of this act the following definitions shall
apply: (a)
``Practice of psychology'' means the application of established
principles
of learning, motivation, perception, thinking and emotional
relationships
to problems of behavior adjustment, group relations and behavior
mod-
ification, by persons trained in psychology. The application of
such prin-
ciples includes, but is not restricted to, counseling and the use
of psy-
chological remedial measures with persons, in groups or
individually,
having adjustment or emotional problems in the areas of work,
family,
school and personal relationships; measuring and testing
personality, in-
telligence, aptitudes, public opinion, attitudes and skills; the
teaching of
such subject matter; and the conducting of research on problems
relating
to human behavior, except that in all cases involving the care of
the sick
and ill as defined by the laws of this state, the primary
responsibility
devolves upon those licensed under the Kansas healing arts act.
The prac-
tice of psychology includes the diagnosis and treatment of
mental disor-
ders specified in the edition of the diagnostic and statistical
manual of
mental disorders of the American psychiatric association
designated by
the board by rules and regulations. If a licensed psychologist
cannot make
an independent diagnosis of a mental disorder, such psychologist
shall
consult with the client's primary care physician or psychiatrist
to deter-
mine if there may be a medical condition or medication that may
be
causing or contributing to the client's symptoms of a mental
disorder. A
client may request in writing that such consultation be waived
and such
request shall be made a part of the client's record. A licensed
psychologist
may continue to evaluate and treat the client until such time
that the
medical consultation is obtained or waived.
(b) ``Represents oneself to be a
psychologist'' means that a person
engages in the practice of psychology for a fee, monetary or
otherwise,
or holds oneself out to the public by any title or description of
services
incorporating the word ``psychologic,'' ``psychological,''
``psychologist'' or
``psychology'' and under such title or description offers to render
or ren-
ders services to individuals, corporations or the public for a fee,
monetary
or otherwise.
(c) ``Board'' means the behavioral
sciences regulatory board created
by K.S.A. 74-7501 and amendments thereto.
(d) ``License'' means a license as a
psychologist issued by the board.
(e) ``Licensed psychologist'' means a
person licensed by the board
under the provisions of this act.
New Sec. 26. A licensee under the
licensure of psychologists act of
the state of Kansas, at the beginning of a client-therapist
relationship,
shall inform the client of the level of such licensee's training
and the title
or titles and license or licenses of such licensee. As a part of
such obli-
gation, such licensee shall disclose whether such licensee has a
master's
degree or a doctoral degree. If such licensee has a doctoral
degree, such
licensee shall disclose whether or not such doctoral degree is a
doctor of
medicine degree or some other doctoral degree. If such licensee
does not
have a medical doctor's degree, such licensee shall disclose that
the li-
censee is not authorized to practice medicine and surgery and is
not
authorized to prescribe drugs. As a part of such disclosure, such
licensee
shall advise the client that certain mental disorders can have
medical or
biological origins, and that the client should consult with a
physician.
Documentation of such disclosures to a client shall be made in the
client's
record.
Sec. 27. K.S.A. 74-5318 is hereby
amended to read as follows: 74-
5318. On or before the first day of April of alternate years, the
board shall
mail to every psychologist licensed in Kansas, an
application blank for
renewal, which shall contain space for insertion of information as
required
for the application blank under K.S.A. 74-5317 and amendments
thereto,
addressing the same in accordance with to
the post office address given
at the last previous renewal. In addition, 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 regulations of the board. As part of such
continuing
education, a licensed psychologist shall complete not less than
six contin-
uing education hours relating to diagnosis and treatment of
mental dis-
orders and not less than three continuing education hours of
professional
ethics.
Sec. 28. K.S.A. 74-5323 is hereby
amended to read as follows: 74-
5323. (a) The confidential relations and communications between a
li-
censed psychologist and the psychologist's client are placed on the
same
basis as provided by law for those between an attorney and the
attorney's
client. Except as provided in subsection (b), nothing in
this act shall be
construed to require such privileged communications to be
disclosed.
(b) Nothing in this section or in this
act shall be construed to prohibit
any licensed psychologist from testifying in court hearings
concerning
matters of adult abuse, adoption, child abuse, child neglect, or
other mat-
ters pertaining to the welfare of children or from seeking
collaboration or
consultation with professional colleagues or administrative
superiors, or
both, on behalf of a client. There is no privilege under this
section for
information which is required to be reported to a public
official.
Sec. 29. K.S.A. 1998 Supp. 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) ``Licensed masters level
psychologist'' means a person licensed by
the board under the provisions of this act.
(d) ``Licensed clinical
psychotherapist'' means a person licensed by
the board under this act who engages in the independent practice
of mas-
ters level psychology including the diagnosis and treatment of
mental dis-
orders specified in the edition of the diagnostic and
statistical manual of
mental disorders of the American psychiatric association
designated by
the board by rules and regulations.
(d) (e) ``Masters
level psychology'' means the practice of psychology
pursuant to the restrictions set out in K.S.A. 74-5362 and
amendments
thereto and includes the diagnosis and treatment of mental
disorders as
authorized under K.S.A. 74-5361 et seq.
Sec. 30. K.S.A. 1998 Supp. 74-5362
is hereby amended to read as
follows: 74-5362. (a) Any person who is licensed under the
provisions of
this act as a licensed masters level psychologist shall have the
right to
practice psychology only insofar as such practice is part of
the duties of
such person's paid position and is performed solely on behalf of
the em-
ployer, so long as such practice is under the direction of a
licensed clinical
psychotherapist, a licensed psychologist, a person licensed
to practice
medicine and surgery or a person licensed to provide mental health
serv-
ices as an independent practitioner and whose licensure allows for
the
diagnosis and treatment of psychological
mental disorders. When a client
has symptoms of a mental disorder, a licensed masters level
psychologist
shall consult with the client's primary care physician or
psychiatrist to
determine if there may be a medical condition or medication that
may be
causing or contributing to the client's symptoms of a mental
disorder. A
client may request in writing that such consultation be waived
and such
request shall be made a part of the client's record. A licensed
masters level
psychologist may continue to evaluate and treat the client until
such time
that the medical consultation is obtained or waived.
(b) A licensed masters level
psychologist may use the title licensed
masters level psychologist and the abbreviation LMLP but may not
use
the title licensed psychologist or psychologist. A licensed
clinical psycho-
therapist may use the title licensed clinical psychotherapist
and the ab-
breviation LCP but may not use the title licensed psychologist
or psy-
chologist.
New Sec. 31. A licensee under
K.S.A. 74-5361 et seq. and amend-
ments thereto, at the beginning of a client-therapist relationship,
shall
inform the client of the level of such licensee's training and the
title or
titles and license or licenses of such licensee. As a part of such
obligation,
such licensee shall disclose whether such licensee has a masters
degree
or a doctoral degree. If such licensee has a doctoral degree, such
licensee
shall disclose whether or not such doctoral degree is a doctor of
medicine
degree or some other doctoral degree. If such licensee does not
have a
medical doctor's degree, such licensee shall disclose that the
licensee is
not authorized to practice medicine and surgery and is not
authorized to
prescribe drugs. As a part of such disclosure, such licensee shall
advise
the client that certain mental disorders can have medical or
biological
origins, and that the client should consult with a physician.
Documenta-
tion of such disclosures to a client shall be made in the client's
record.
Sec. 32. K.S.A. 1998 Supp. 74-5363
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
accom-
panied 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 60 graduate
hours including a master's de-
gree 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 until July 1,
2003, 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 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, developmental psychology,
research
methods, social psychology; or has passed comprehensive
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 foundation courses such
as, but
not limited to, philosophy of psychology, psychology of perception,
learn-
ing theory, history of psychology, motivation, and statistics and
24 se-
mester 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, developmental
psychol-
ogy, 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) (A) has completed 2,000
clock hours of postgraduate work ex-
perience under the supervision of a licensed psychologist
or a currently
licensed master's level psychologist with three years'
experience if such
applicant commenced such postgraduate work experience prior
to July 1,
1998, or (B) if such applicant commenced such postgraduate
work ex-
perience on or after July 1, 1998, has completed 4,000
clock hours of
postgraduate work experience under the supervision of a
licensed psy-
chologist 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.
(c) (1) Applications for
licensure as a clinical psychotherapist shall
be made to the board on a form and in the manner prescribed by
the
board. Each applicant shall furnish evidence satisfactory to the
board that
the applicant:
(A) Is licensed by the board as a
licensed masters level psychologist
or meets all requirements for licensure as a masters level
psychologist;
(B) has completed 15 credit hours as
part of or in addition to the
requirements under subsection (b) supporting diagnosis or
treatment of
mental disorders with use of the American psychiatric
association's di-
agnostic and statistical manual, through identifiable study of
the following
content areas: Psychopathology, diagnostic assessment,
interdisciplinary
referral and collaboration, treatment approaches and
professional ethics;
(C) has completed a graduate level
supervised clinical practicum of
supervised professional experience including psychotherapy and
assess-
ment with individuals, couples, families or groups, integrating
diagnosis
and treatment of mental disorders with use of the American
psychiatric
association's diagnostic and statistical manual, with not less
than 350
hours of direct client contact or additional postgraduate
supervised ex-
perience as determined by the board;
(D) has completed not less than two
years of postgraduate supervised
professional experience in accordance with a clinical
supervision plan ap-
proved by the board of not less than 4,000 hours of supervised
professional
experience including at least 1,500 hours of direct client
contact conduct-
ing psychotherapy and assessments with individuals, couples,
families or
groups and not less than 150 hours of clinical supervision,
including not
less than 50 hours of person-to-person individual supervision,
integrating
diagnosis and treatment of mental disorders with use of the
American
psychiatric association's diagnostic and statistical
manual;
(E) for persons earning a degree under
subsection (b) prior to July 1,
2003, in lieu of the education requirements under parts (B) and
(C) of
this subsection, has completed the education requirements for
licensure
as a licensed masters level psychologist in effect on the day
immediately
preceding the effective date of this act;
(F) for persons who apply for and are
eligible for a temporary permit
to practice as a licensed masters level psychologist on the day
immediately
preceding the effective date of this act, in lieu of the
education and training
requirements under parts (B), (C) and (D) of this subsection,
has com-
pleted the education and training requirements for licensure as
a masters
level psychologist in effect on the day immediately preceding
the effective
date of this act;
(G) has passed an examination approved
by the board with the same
minimum passing score as that set by the board for licensed
psychologists;
and
(H) has paid the application
fee.
(2) A person who was licensed or
registered as a masters level psy-
chologist in Kansas at any time prior to the effective date of
this act, who
has been actively engaged in the practice of masters level
psychology as
a registered or licensed masters level psychologist within five
years prior
to the effective date of this act and whose last license or
registration in
Kansas prior to the effective date of this act was not suspended
or revoked,
upon application to the board, payment of fees and completion of
appli-
cable continuing education requirements, shall be licensed as a
licensed
clinical psychotherapist by providing demonstration of
competence to di-
agnose and treat mental disorders through at least two of the
following
areas acceptable to the board:
(a) Either (i) graduate coursework or
(ii) passing a national, clinical
examination;
(b) either (i) three years of clinical
practice in a community mental
health center, its contracted affiliate or a state mental
hospital or (ii) three
years of clinical practice in other settings with demonstrated
experience
in diagnosing or treating mental disorders; or
(c) attestation from one professional
licensed to diagnose and treat
mental disorders in independent practice or licensed to practice
medicine
and surgery that the applicant is competent to diagnose and
treat mental
disorders.
(3) A licensed clinical
psychotherapist may engage in the independent
practice of masters level psychology and is authorized to
diagnose and
treat mental disorders specified in the edition of the
diagnostic and sta-
tistical manual of mental disorders of the American psychiatric
association
designated by the board by rules and regulations. When a client
has symp-
toms of a mental disorder, a licensed clinical psychotherapist
shall consult
with the client's primary care physician or psychiatrist to
determine if
there may be a medical condition or medication that may be
causing or
contributing to the client's symptoms of a mental disorder. A
client may
request in writing that such consultation be waived and such
request shall
be made a part of the client's record. A licensed clinical
psychotherapist
may continue to evaluate and treat the client until such time
that the
medical consultation is obtained or waived.
(c) (d) The board
shall adopt rules and regulations establishing the
criteria which an educational institution shall satisfy in meeting
the
requirements established under item (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
(3) 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. 33. K.S.A. 1998 Supp. 74-5365
is hereby amended to read as
follows: 74-5365. (a) The application, issuance of a new license
and re-
newal fee for 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. As part of such continuing education, a
licensed
masters level psychologist and a licensed clinical
psychotherapist shall
complete not less than six continuing education hours relating
to diagnosis
and treatment of mental disorders and not less than three
continuing
education hours of professional ethics.
Sec. 34. K.S.A. 1998 Supp. 74-5369
is hereby amended to read as
follows: 74-5369. An application for licensure under K.S.A. 74-5361
to
74-5371, inclusive, and amendments thereto, may be denied or a
license
granted under this act may be suspended, limited, revoked or not
re-
newed by the board upon proof that the applicant or
licensed masters
level psychologist licensee:
(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, li-
censed 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. 35. K.S.A. 1998 Supp. 74-5371
is hereby amended to read as
follows: 74-5371. (a) No person shall engage in the practice
of masters
level psychology or represent oneself as a licensed masters level
psychol-
ogist or use the abbreviation LMLP or use any word, letter, signs,
figures
or devices to indicate that such person using the same is a
licensed masters
level psychologist unless such person holds a valid license as a
licensed
masters level psychologist.
(b) No person shall engage in the
independent practice of masters
level psychology or represent oneself as a licensed clinical
psychotherapist
or use the abbreviation LCP or use any word, letter, signs,
figures or
devices to indicate that such person using the same is a
licensed clinical
psychotherapist unless such person holds a valid license as a
licensed
clinical psychotherapist.
(b) (c) A
violation of this section is a class C misdemeanor.
Sec. 36. K.S.A. 1998 Supp. 74-5372
is hereby amended to read as
follows: 74-5372. (a) The confidential relations and
communications be-
tween a licensed masters level psychologist and such psychologist's
client
are placed on the same basis as provided by law for those between
an
attorney and an attorney's client.
(b) The confidential relations and
communications between a licensed
clinical psychotherapist and such psychotherapist's client are
placed on
the same basis as provided by law for those between an attorney
and an
attorney's client.
(c) Nothing in this section or in this
act shall be construed to prohibit
any licensed masters level psychologist or licensed clinical
psychotherapist
from testifying in court hearings concerning matters of adult
abuse, adop-
tion, child abuse, child neglect, or other matters pertaining to
the welfare
of children or from seeking collaboration or consultation with
professional
colleagues or administrative superiors, or both, on behalf of
the client.
There is no privilege under this section for information which
is required
to be reported to a public official.
Sec. 37. K.S.A. 65-5805, 65-6302,
65-6308, 65-6313, 65-6315, 74-
5302, 74-5318 and 74-5323 and K.S.A. 1998 Supp. 65-5802, 65-5803,
65-
5804, 65-5806, 65-5808, 65-5809, 65-5810, 65-5812, 65-6306,
65-6319,
65-6402, 65-6403, 65-6404, 65-6407, 65-6410, 65-6411, 74-5361,
74-
5362, 74-5363, 74-5365, 74-5369, 74-5371 and 74-5372 are hereby
re-
pealed.
Sec. 38. This act shall take effect
and be in force from and after July
1, 2000, and its publication in the statute book.
Approved April 16, 1999.
__________