CHAPTER 154
SENATE BILL No. 186
An Act concerning the behavioral sciences regulatory board;
relating to professions regu-
lated by the board; investigations and procedures conducted by the
board; access to
evidence; issuance of subpoenas; confidentiality of information;
amending K.S.A. 38-
1522, 39-1402, 39-1431 and 74-7508 and K.S.A. 2000 Supp. 59-2946,
65-5804a, 65-
5807, 65-6404, 65-6405 and 74-5363 and repealing the existing
sections; also repealing
K.S.A. 2000 Supp. 65-5804 and 65-5811.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 74-7508 is hereby
amended to read as follows: 74-
7508. (a) In connection with any investigation, based upon a
written com-
plaint or other reasonably reliable written information, by the
behavioral
sciences regulatory board, the board or its duly authorized
agents or em-
ployees shall at all reasonable times have access to, for the
purpose of
examination, and the right to copy any document, report, record
or other
physical evidence of any person being investigated, or any
document,
report, record or other evidence maintained by and in possession
of any
clinic or office of a practitioner of the behavioral sciences,
or other public
or private agency if such document, report, record or other
physical ev-
idence relates to practices which may be grounds for
disciplinary action.
(b) In all matters pending before
the behavioral sciences regulatory
board, the board shall have the power: (a) to
administer oaths and take
testimony. For the purpose of all investigations and proceedings
con-
ducted by the behavioral sciences regulatory board:
(1) The board may issue subpoenas
compelling the attendance and
testimony of witnesses or the production for examination or
copying of
documents, reports, records or any other physical evidence if
such doc-
uments, reports, records or other physical evidence relates to
practices
which may be grounds for disciplinary action. Within five days
after the
service of the subpoena on any person requiring the production
of any
documents, reports, records or other physical evidence in the
person's
possession or under the person's control, such person may
petition the
board to revoke, limit or modify the subpoena. The board shall
revoke,
limit or modify such subpoena if in its opinion the documents,
reports,
records or other physical evidence required does not relate to
practices
which may be grounds for disciplinary action, is not relevant to
the al-
legation which is the subject matter of the proceeding or
investigation, or
does not describe with sufficient particularity the documents,
reports,
records or other physical evidence which is required to be
produced. Any
member of the board, or any agent designated by the board, may
admin-
ister oaths or affirmations, examine witnesses and receive such
documents,
reports, records or other physical evidence.
(2) The district court, upon
application by the board or by the person
subpoenaed, shall have jurisdiction to issue an
order:
(A) Requiring such person to appear
before the board or the board's
duly authorized agent to produce documents, reports, records or
other
physical evidence relating to the matter under investigation;
or
(B) revoking, limiting or modifying
the subpoena if in the court's
opinion the evidence demanded does not relate to practices which
may be
grounds for disciplinary action, is not relevant to the
allegation which is
the subject matter of the hearing or investigation or does not
describe
with sufficient particularity the documents, reports, records or
other
physical evidence which is required to be produced.
(c) Any complaint or report, record or
other information relating to
a complaint which is received, obtained or maintained by the
behavioral
sciences regulatory board shall be confidential and shall not be
disclosed
by the board or its employees in a manner which identifies or
enables
identification of the person who is the subject or source of the
information
except the information may be disclosed:
(1) In any proceeding conducted by the
board under the law or in an
appeal of an order of the board entered in a proceeding, or to
any party
to a proceeding or appeal or the party's attorney;
(2) to the person who is the subject
of the information or to any person
or entity when requested by the person who is the subject of the
infor-
mation, but the board may require disclosure in such a manner
that will
prevent identification of any other person who is the subject or
source of
the information; or
(3) to a state or federal licensing,
regulatory or enforcement agency
with jurisdiction over the subject of the information or to an
agency with
jurisdiction over acts or conduct similar to acts or conduct
which would
constitute grounds for action under this act. Any confidential
complaint
or report, record or other information disclosed by the board as
author-
ized by this section shall not be redisclosed by the receiving
agency except
as otherwise authorized by law.
(d) Nothing in this section or any
other provision of law making com-
munications between a practitioner of one of the behavioral
sciences and
the practitioner's client or patient a privileged or
confidential communi-
cation shall apply to investigations or proceedings conducted
pursuant to
this section. The behavioral sciences regulatory board and its
employees,
agents and representatives shall keep in confidence the content
and the
names of any clients or patients whose records are reviewed
during the
course of investigations and proceedings pursuant to this
section.
(b) To issue subpoenas, compel
the attendance of witnesses and the
production of any papers, books, accounts, documents, and
testimony,
and to cause the deposition of witnesses, either residing
within or without
the state, to be taken in the manner prescribed by law for
taking depo-
sitions in civil actions in the district courts. In case of
the failure of any
person to comply with any subpoena issued in behalf of the
board, or on
the refusal of any witness to testify to any matters
regarding which the
witness may be lawfully interrogated, the district court of
any county, on
application of a member of the board, may require
compliance by pro-
ceedings for contempt, as in the case of failure to comply
with a subpoena
issued from such court or a refusal to testify in such
court. Each witness
who appears before the board by its order or subpoena,
other than a state
officer or employee, shall receive for such attendance the
fees and mile-
age provided for witnesses in civil cases in courts of
record which shall
be audited and paid upon the presentation of proper
vouchers sworn to
by such witnesses and approved by the chairperson of the
board or by a
person or persons designated by the
chairperson.
Sec. 2. K.S.A. 38-1522 is hereby
amended to read as follows: 38-
1522. (a) When any of the following persons has reason to suspect
that a
child has been injured as a result of physical, mental or emotional
abuse
or neglect or sexual abuse, the person shall report the matter
promptly
as provided in subsection (c) or (e): Persons licensed to practice
the heal-
ing arts or dentistry; persons licensed to practice optometry;
persons en-
gaged in postgraduate training programs approved by the state board
of
healing arts; licensed psychologists; licensed masters level
psychologists;
licensed clinical psychotherapists; licensed professional or
practical nurses
examining, attending or treating a child under the age of 18;
teachers,
school administrators or other employees of a school which the
child is
attending; chief administrative officers of medical care
facilities; regis-
tered licensed marriage and family
therapists; licensed clinical marriage
and family therapists; licensed professional counselors;
licensed clinical
professional counselors; registered alcohol and drug abuse
counselors;
persons licensed by the secretary of health and environment to
provide
child care services or the employees of persons so licensed at the
place
where the child care services are being provided to the child;
licensed
social workers; firefighters; emergency medical services personnel;
me-
diators appointed under K.S.A. 23-602 and amendments thereto;
juvenile
intake and assessment workers; and law enforcement officers. The
report
may be made orally and shall be followed by a written report if
requested.
When the suspicion is the result of medical examination or
treatment of
a child by a member of the staff of a medical care facility or
similar
institution, that staff member shall immediately notify the
superinten-
dent, manager or other person in charge of the institution who
shall make
a written report forthwith. Every written report shall contain, if
known,
the names and addresses of the child and the child's parents or
other
persons responsible for the child's care, the child's age, the
nature and
extent of the child's injury (including any evidence of previous
injuries)
and any other information that the maker of the report believes
might be
helpful in establishing the cause of the injuries and the identity
of the
persons responsible for the injuries.
(b) Any other person who has reason to
suspect that a child has been
injured as a result of physical, mental or emotional abuse or
neglect or
sexual abuse may report the matter as provided in subsection (c) or
(e).
(c) Except as provided by subsection (e),
reports made pursuant to
this section shall be made to the state department of social and
rehabil-
itation services. When the department is not open for business, the
re-
ports shall be made to the appropriate law enforcement agency. On
the
next day that the state department of social and rehabilitation
services is
open for business, the law enforcement agency shall report to the
de-
partment any report received and any investigation initiated
pursuant to
subsection (a) of K.S.A. 38-1524 and amendments thereto. The
reports
may be made orally or, on request of the department, in
writing.
(d) Any person who is required by this
section to report an injury to
a child and who knows of the death of a child shall notify
immediately
the coroner as provided by K.S.A. 22a-242, and amendments
thereto.
(e) Reports of child abuse or neglect
occurring in an institution op-
erated by the secretary of social and rehabilitation services or
the com-
missioner of juvenile justice shall be made to the attorney
general. All
other reports of child abuse or neglect by persons employed by or
of
children of persons employed by the state department of social and
re-
habilitation services or the juvenile justice authority shall be
made to the
appropriate law enforcement agency.
(f) Willful and knowing failure to make a
report required by this sec-
tion is a class B misdemeanor.
(g) Preventing or interfering with, with
the intent to prevent, the
making of a report required by this section is a class B
misdemeanor.
Sec. 3. K.S.A. 39-1402 is hereby
amended to read as follows: 39-
1402. (a) Any person who is licensed to practice any branch of the
healing
arts, a licensed psychologist, a licensed master level
psychologist, a li-
censed clinical psychotherapist, a chief administrative
officer of a medical
care facility, an adult care home administrator or operator, a
licensed
social worker, a licensed professional nurse, a licensed practical
nurse, a
licensed marriage and family therapist, a licensed clinical
marriage and
family therapist, licensed professional counselor, licensed
clinical profes-
sional counselor, registered alcohol and drug abuse
counselor, a teacher,
a bank trust officer, a guardian or a conservator who has
reasonable cause
to believe that a resident is being or has been abused, neglected
or ex-
ploited, or is in a condition which is the result of such abuse,
neglect or
exploitation or is in need of protective services, shall report
immediately
such information or cause a report of such information to be made
in any
reasonable manner to the department of health and environment
with
respect to residents defined under (a)(1) and (a)(2) of K.S.A.
39-1401 and
amendments thereto and to the department of social and
rehabilitation
services with respect to all other residents. Reports made to one
depart-
ment which are required by this subsection to be made to the
other
department shall be referred by the department to which the report
is
made to the appropriate department for that report, and any such
report
shall constitute compliance with this subsection. Reports shall be
made
during the normal working week days and hours of operation of
such
departments. Reports shall be made to law enforcement agencies
during
the time the departments are not open for business. Law
enforcement
agencies shall submit the report and appropriate information to the
ap-
propriate department on the first working day that such department
is
open for business. A report made pursuant to K.S.A. 65-4923 or
65-4924
and amendments thereto shall be deemed a report under this
section.
(b) The report made pursuant to
subsection (a) shall contain the
name and address of the person making the report and of the
caretaker
caring for the resident, the name and address of the involved
resident,
information regarding the nature and extent of the abuse, neglect
or ex-
ploitation, the name of the next of kin of the resident, if known,
and any
other information which the person making the report believes might
be
helpful in an investigation of the case and the protection of the
resident.
(c) Any other person having reasonable
cause to suspect or believe
that a resident is being or has been abused, neglected or
exploited, or is
in a condition which is the result of such abuse, neglect or
exploitation
or is in need of protective services may report such information to
the
department of health and environment with respect to residents
defined
under (a)(1) and (a)(2) of K.S.A. 39-1401 and amendments thereto
and
to the department of social and rehabilitation services with
respect to all
other residents. Reports made to one department which are to be
made
to the other department under this section shall be referred by the
de-
partment to which the report is made to the appropriate department
for
that report.
(d) Notice of the requirements of this
act and the department to
which a report is to be made under this act shall be posted in a
conspic-
uous place in every adult care home and medical care facility in
this state.
(e) Any person required to report
information or cause a report of
information to be made under subsection (a) who knowingly fails to
make
such report or cause such report to be made shall be guilty of a
class B
misdemeanor.
Sec. 4. K.S.A. 39-1431 is hereby
amended to read as follows: 39-
1431. (a) Any person who is licensed to practice any branch of the
healing
arts, a licensed psychologist, a licensed master level
psychologist, a li-
censed clinical psychotherapist, the chief administrative
officer of a med-
ical care facility, a teacher, a licensed social worker, a licensed
professional
nurse, a licensed practical nurse, a licensed dentist, a
licensed marriage
and family therapist, a licensed clinical marriage and family
therapist,
licensed professional counselor, licensed clinical professional
counselor,
registered alcohol and drug abuse counselor, a law
enforcement officer,
a case manager, a guardian or conservator, a bank trust officer, a
reha-
bilitation counselor, a holder of a power of attorney, an owner or
operator
of a residential care facility, an independent living counselor and
the chief
administrative officer of a licensed home health agency, the chief
admin-
istrative officer of an adult family home and the chief
administrative of-
ficer of a provider of community services and affiliates thereof
operated
or funded by the department of social and rehabilitation services
or li-
censed under K.S.A. 75-3307b and amendments thereto who has
reason-
able cause to believe that an adult is being or has been abused,
neglected
or exploited or is in need of protective services shall report,
immediately
from receipt of the information, such information or cause a report
of
such information to be made in any reasonable manner. An employee
of
a domestic violence center shall not be required to report
information or
cause a report of information to be made under this subsection.
Other
state agencies receiving reports that are to be referred to the
department
of social and rehabilitation services, shall submit the report to
the de-
partment within six hours, during normal work days, of receiving
the
information. Reports shall be made to the department of social and
re-
habilitation services during the normal working week days and hours
of
operation. Reports shall be made to law enforcement agencies during
the
time social and rehabilitation services are not in operation. Law
enforce-
ment shall submit the report and appropriate information to the
depart-
ment of social and rehabilitation services on the first working day
that
social and rehabilitation services is in operation.
(b) The report made pursuant to
subsection (a) shall contain the
name and address of the person making the report and of the
caretaker
caring for the involved adult, the name and address of the involved
adult,
information regarding the nature and extent of the abuse, neglect
or ex-
ploitation, the name of the next of kin of the involved adult, if
known,
and any other information which the person making the report
believes
might be helpful in the investigation of the case and the
protection of the
involved adult.
(c) Any other person having reasonable
cause to suspect or believe
that an adult is being or has been abused, neglected or exploited
or is in
need of protective services may report such information to the
depart-
ment of social and rehabilitation services. Reports shall be made
to law
enforcement agencies during the time social and rehabilitation
services
are not in operation.
(d) A person making a report under
subsection (a) shall not be re-
quired to make a report under K.S.A. 39-1401 to 39-1410, inclusive,
and
amendments thereto.
(e) Any person required to report
information or cause a report of
information to be made under subsection (a) who knowingly fails to
make
such report or cause such report not to be made shall be guilty of
a class
B misdemeanor.
(f) Notice of the requirements of this
act and the department to
which a report is to be made under this act shall be posted in a
conspic-
uous place in every adult family home as defined in K.S.A. 39-1501
and
amendments thereto and every provider of community services and
af-
filiates thereof operated or funded by the department of social and
re-
habilitation services or other facility licensed under K.S.A.
75-3307b and
amendments thereto.
Sec. 5. K.S.A. 2000 Supp. 59-2946
is hereby amended to read as
follows: 59-2946. When used in the care and treatment act for
mentally
ill persons:
(a) ``Discharge'' means the final and
complete release from treat-
ment, by either the head of a treatment facility acting pursuant to
K.S.A.
2000 Supp. 59-2950 and amendments thereto or by an order of a
court
issued pursuant to K.S.A. 2000 Supp. 59-2973 and amendments
thereto.
(b) ``Head of a treatment facility''
means the administrative director
of a treatment facility or such person's designee.
(c) ``Law enforcement officer'' shall
have the meaning ascribed to it
in K.S.A. 22-2202, and amendments thereto.
(d) (1) ``Mental health center''
means any community mental health
center organized pursuant to the provisions of K.S.A. 19-4001
through
19-4015 and amendments thereto, or mental health clinic organized
pur-
suant to the provisions of K.S.A. 65-211 through 65-215 and
amendments
thereto, or a mental health clinic organized as a not-for-profit or
a for-
profit corporation pursuant to K.S.A. 17-1701 through 17-1775
and
amendments thereto or K.S.A. 17-6001 through 17-6010 and amend-
ments thereto, and licensed in accordance with the provisions of
K.S.A.
75-3307b and amendments thereto.
(2) ``Participating mental health
center'' means a mental health center
which has entered into a contract with the secretary of social and
reha-
bilitation services pursuant to the provisions of K.S.A.
39-1601 through
39-1612 and amendments thereto.
(e) ``Mentally ill person'' means any
person who is suffering from a
mental disorder which is manifested by a clinically significant
behavioral
or psychological syndrome or pattern and associated with either a
painful
symptom or an impairment in one or more important areas of
functioning,
and involving substantial behavioral, psychological or biological
dysfunc-
tion, to the extent that the person is in need of treatment.
(f) (1) ``Mentally ill person
subject to involuntary commitment for
care and treatment'' means a mentally ill person, as defined in
subsection
(e), who also lacks capacity to make an informed decision
concerning
treatment, is likely to cause harm to self or others, and whose
diagnosis
is not solely one of the following mental disorders: Alcohol or
chemical
substance abuse; antisocial personality disorder; mental
retardation; or-
ganic personality syndrome; or an organic mental disorder.
(2) ``Lacks capacity to make an informed
decision concerning treat-
ment'' means that the person, by reason of the person's mental
disorder,
is unable, despite conscientious efforts at explanation, to
understand ba-
sically the nature and effects of hospitalization or treatment or
is unable
to engage in a rational decision-making process regarding
hospitalization
or treatment, as evidenced by an inability to weigh the possible
risks and
benefits.
(3) ``Likely to cause harm to self or
others'' means that the person,
by reason of the person's mental disorder: (a) Is likely, in the
reasonably
foreseeable future, to cause substantial physical injury or
physical abuse
to self or others or substantial damage to another's property, as
evidenced
by behavior threatening, attempting or causing such injury, abuse
or dam-
age; except that if the harm threatened, attempted or caused is
only harm
to the property of another, the harm must be of such a value and
extent
that the state's interest in protecting the property from such harm
out-
weighs the person's interest in personal liberty; or (b) is
substantially
unable, except for reason of indigency, to provide for any of the
person's
basic needs, such as food, clothing, shelter, health or safety,
causing a
substantial deterioration of the person's ability to function on
the person's
own.
No person who is being treated by prayer in
the practice of the religion
of any church which teaches reliance on spiritual means alone
through
prayer for healing shall be determined to be a mentally ill person
subject
to involuntary commitment for care and treatment under this act
unless
substantial evidence is produced upon which the district court
finds that
the proposed patient is likely in the reasonably foreseeable future
to cause
substantial physical injury or physical abuse to self or others or
substantial
damage to another's property, as evidenced by behavior threatening,
at-
tempting or causing such injury, abuse or damage; except that if
the harm
threatened, attempted or caused is only harm to the property of
another,
the harm must be of such a value and extent that the state's
interest in
protecting the property from such harm outweighs the person's
interest
in personal liberty.
(g) ``Patient'' means a person who is a
voluntary patient, a proposed
patient or an involuntary patient.
(1) ``Voluntary patient'' means a person
who is receiving treatment at
a treatment facility pursuant to K.S.A. 2000 Supp. 59-2949 and
amend-
ments thereto.
(2) ``Proposed patient'' means a person
for whom a petition pursuant
to K.S.A. 2000 Supp. 59-2952 or K.S.A. 2000 Supp. 59-2957 and
amend-
ments thereto has been filed.
(3) ``Involuntary patient'' means a
person who is receiving treatment
under order of a court or a person admitted and detained by a
treatment
facility pursuant to an application filed pursuant to subsection
(b) or (c)
of K.S.A. 2000 Supp. 59-2954 and amendments thereto.
(h) ``Physician'' means a person licensed
to practice medicine and
surgery as provided for in the Kansas healing arts act or a person
who is
employed by a state psychiatric hospital or by an agency of the
United
States and who is authorized by law to practice medicine and
surgery
within that hospital or agency.
(i) ``Psychologist'' means a licensed
psychologist, as defined by K.S.A.
74-5302 and amendments thereto.
(j) ``Qualified mental health
professional'' means a physician or psy-
chologist who is employed by a participating mental health center
or who
is providing services as a physician or psychologist under a
contract with
a participating mental health center, a licensed masters level
psychologist,
a licensed clinical psychotherapist, a licensed marriage and
family ther-
apist, a licensed clinical marriage and family therapist, a
licensed profes-
sional counselor, a licensed clinical professional
counselor, a licensed spe-
cialist social worker or a licensed master social worker or a
registered
nurse who has a specialty in psychiatric nursing, who is employed
by a
participating mental health center and who is acting under the
direction
of a physician or psychologist who is employed by, or under
contract with,
a participating mental health center.
(1) ``Direction'' means monitoring and
oversight including regular,
periodic evaluation of services.
(2) ``Licensed master social worker''
means a person licensed as a
master social worker by the behavioral sciences regulatory board
under
K.S.A. 65-6301 through 65-6318 and amendments thereto.
(3) ``Licensed specialist social worker''
means a person licensed in a
social work practice specialty by the behavioral sciences
regulatory board
under K.S.A. 65-6301 through 65-6318 and amendments thereto.
(4) ``Licensed masters level
psychologist'' means a person licensed as
a licensed masters level psychologist by the behavioral sciences
regulatory
board under K.S.A. 74-5361 through 74-5373 and amendments
thereto.
(5) ``Registered nurse'' means a person
licensed as a registered pro-
fessional nurse by the board of nursing under K.S.A. 65-1113
through 65-
1164 and amendments thereto.
(k) ``Secretary'' means the secretary of
social and rehabilitation serv-
ices.
(l) ``State psychiatric hospital'' means
Larned state hospital, Osawa-
tomie state hospital, Rainbow mental health facility or Topeka
state hos-
pital.
(m) ``Treatment'' means any service
intended to promote the mental
health of the patient and rendered by a qualified professional,
licensed
or certified by the state to provide such service as an independent
prac-
titioner or under the supervision of such practitioner.
(n) ``Treatment facility'' means any
mental health center or clinic,
psychiatric unit of a medical care facility, state psychiatric
hospital, psy-
chologist, physician or other institution or person authorized or
licensed
by law to provide either inpatient or outpatient treatment to any
patient.
(o) The terms defined in K.S.A. 59-3002
and amendments thereto
shall have the meanings provided by that section.
Sec. 6. K.S.A. 2000 Supp. 65-5804a
is hereby amended to read as
follows: 65-5804a. (a) Applications for licensure as a professional
coun-
selor 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) has passed an examination required by
the board; and
(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
experience
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
profes-
sional experience 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 50 hours of person-to-person individual
supervi-
sion, 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 acceptable 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 train-
ing requirements under parts (B), (C) and (D) of this subsection,
has
completed the education and training requirements for licensure as
a
professional 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
eval-
uate and treat the client until such time that the medical
consultation is
obtained or waived.
(d) 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.
(e) A person who intends to
pursue the postgraduate supervised
training experience is waiting to take the
examination required by the
board shall apply to the board for a temporary
permit license to practice
as a licensed professional counselor by (1) paying an application
fee of no
more than $150, and (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 meet-
ing the application requirements as stated in subsections
(b)(1), (2) and
(4) of K.S.A. 65-5804a and amendments thereto.
(f) (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. A temporary permit may
be renewed
for one additional two-year period if the board finds that
satisfactory pro-
gress toward the supervised experience requirement is being
met license.
(g) A person practicing professional
counseling with a temporary per-
mit or 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 licensed by temporary permit
license.
(h) Nothing in this section shall
affect any temporary permit or license
to practice 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 or
license 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 temporary permit or license provided under this section
at the time
of issuance of such temporary permit or license.
Sec. 7. K.S.A. 2000 Supp. 65-5807
is hereby amended to read as
follows: 65-5807. The board may at its discretion waive the
statutory
requirements of an applicant for licensure as a licensed
professional coun-
selor or clinical professional counselor if such applicant
is licensed, reg-
istered, certified or otherwise authorized to practice professional
coun-
seling or clinical professional counseling by a similar
board in another
state and if the standards and qualifications required for the
practice of
professional counseling or clinical professional counseling
in the state in
which the applicant is so authorized are substantially the same as
those
required under the professional counselors licensure act.
Sec. 8. K.S.A. 2000 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 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
(2)(A) of
this paragraph and consists of a minimum of nine semester hours in
hu-
man development, nine semester hours in theories of marriage and
family
functioning, nine semester hours of marital and family assessment
and
therapy, three semester hours in professional studies and three
semester
hours in research; or (C) completed a master's or doctoral degree
from
an educational institution in a related field with additional work
from an
educational program in marriage and family therapy approved by
the
board and such degree program and additional work includes the
course
work requirements provided in clause (2)(B) of this paragraph;
(3) has passed an examination approved by
the board;
(4) has satisfied the board that the
applicant is a person who merits
the public trust; and
(5) Each applicant 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
experience
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
profes-
sional experience including at least 1,500 hours of direct client
contract
contact conducting psychotherapy and assessments with
individuals, cou-
ples, families or groups and not less than 150 hours of clinical
supervision,
including not less than 50 hours of person-to-person individual
supervi-
sion, 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 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 im-
mediately 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
preced-
ing 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
demonstration
of competence to diagnose and treat mental disorders through at
least
two of the following areas acceptable to the board:
(a) (A) Either
(i) graduate coursework or (ii) passing a national, clin-
ical examination;
(b) (B) either
(i) three years of clinical practice in a community men-
tal health center, its contracted affiliate or a state mental
hospital or (ii)
three years of clinical practice in other settings with
demonstrated ex-
perience in diagnosing or treating mental disorders; or
(c)
(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
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 disorder, a licensed
clinical
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
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 con-
tinue 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 ther-
apist 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 med-
icine and surgery or 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 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.
Sec. 9. K.S.A. 2000 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 tem-
porary license to an applicant without examination if the
board is satisfied
that the applicant meets the requirements of paragraphs (1)
to (3), inclu-
sive, of subsection (a) of K.S.A. 65-6404 and amendments
thereto or if
the board is satisfied that the applicant has completed a
master's or doc-
toral 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 the marriage and family
therapists li-
censure 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 such act. Such person shall not be
required to file
an original application for licensure under 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 proc-
essed as an application for licensure under requirements
defined for cre-
dentialing at the time of application pursuant to 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
experience shall
apply to the board for a temporary license to practice as a
licensed mar-
riage and family therapist by (1) paying an application fee of no
more
than $150, and (2) providing evidence of graduating
from a master's or
doctoral program in marriage and family therapy 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 meet-
ing the application requirements as stated in subsections
(a)(1), (2) and
(4) of K.S.A. 65-6404 and amendments thereto.
(c) (b)
(1) A temporary license 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 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 temporary license. A temporary license
may be renewed
for one additional two-year period if the board finds that
satisfactory pro-
gress toward the supervised experience requirement is being
met.
(d) (c) A person
practicing marriage and family therapy with a tem-
porary 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 license''
such as
licensed marriage and family therapist by temporary license, or
marriage
and family therapist, temporarily licensed.
(e) (d) Nothing
in this section shall affect any temporary permit or
license to practice 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 or license 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 or license as provided under
this section at the
time of issuance of such temporary permit or license.
Sec. 10. K.S.A. 2000 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 degree
in psychology based on a program of studies in psychology from an
ed-
ucational 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
psycho-
therapy, personality theories, developmental psychology, research
meth-
ods, 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) has passed an examination 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
experience
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
profes-
sional experience 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 50 hours of person-to-person individual
supervi-
sion, 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 train-
ing requirements under parts (B), (C) and (D) of this subsection,
has
completed 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
re-
voked, upon application to the board, payment of fees and
completion of
applicable continuing education requirements, shall be licensed as
a li-
censed clinical psychotherapist by providing demonstration of
compe-
tence to diagnose and treat mental disorders through at least two
of the
following areas acceptable to the board:
(a) (A) Either
(i) graduate coursework or (ii) passing a national, clin-
ical examination;
(b) (B) either
(i) three years of clinical practice in a community men-
tal health center, its contracted affiliate or a state mental
hospital or (ii)
three years of clinical practice in other settings with
demonstrated ex-
perience in diagnosing or treating mental disorders; or
(c)
(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.
(d) The board shall adopt rules and
regulations establishing the cri-
teria which an educational institution shall satisfy in meeting the
require-
ments established under item (3) of subsection (b). The board may
send
a questionnaire developed by the board to any educational
institution for
which the board does not have sufficient information to
determine
whether the educational institution meets the requirements of item
(3)
of subsection (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. 11. K.S.A. 38-1522, 39-1402, 39-1431 and
74-7508 and K.S.A.
2000 Supp. 59-2946, 65-5804, 65-5804a, 65-5807, 65-5811, 65-6404,
65-
6405 and 74-5363 are hereby repealed.
Sec. 12. This act shall take effect and be in
force from and after its
publication in the statute book.
Approved May 9, 2001.
__________