CHAPTER 129
HOUSE BILL No. 2234
An Act relating to the behavioral sciences; licensure
reciprocity; amending K.S.A. 65-5807,
65-6309, 65-6406 and 74-5315 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The behavioral
sciences regulatory board may
issue a license to an individual who is currently registered,
certified or
licensed to practice psychology at the masters level in another
jurisdiction
if the board determines that:
(1) The standards for registration,
certification or licensure to prac-
tice psychology at the masters level in the other jurisdiction are
substan-
tially equivalent to the requirements of this state; or
(2) the applicant demonstrates, on forms
provided by the board, com-
pliance with the following standards adopted by the board:
(A) Continuous registration,
certification or licensure to practice psy-
chology at the masters level during the five years immediately
preceding
the application with at least the minimum professional experience
as es-
tablished by rules and regulations of the board;
(B) the absence of disciplinary actions
of a serious nature brought by
a registration, certification or licensing board or agency; and
(C) a masters degree in psychology from a
regionally accredited uni-
versity or college.
(b) Applicants for licensure as a
clinical psychotherapist shall addi-
tionally demonstrate competence to diagnose and treat mental
disorders
through meeting the requirements of either paragraph (1) or (2) of
sub-
section (a) and at least two of the following areas acceptable to
the board:
(1) Either graduate coursework as
established by rules and regula-
tions of the board or passing a national clinical examination
approved by
the board;
(2) three years of clinical practice with
demonstrated experience in
diagnosing or treating mental disorders; or
(3) attestation from a professional
licensed to diagnose and treat men-
tal disorders in independent practice or licensed to practice
medicine and
surgery stating that the applicant is competent to diagnose and
treat men-
tal disorders.
(c) An applicant for a license under this
section shall pay an appli-
cation fee established by the board under K.S.A. 74-5365 and
amend-
ments thereto.
Sec. 2. K.S.A. 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
counselor or clinical
professional counselor if such applicant is licensed,
registered, certified
or otherwise authorized to practice professional counseling
or clinical pro-
fessional counseling by a similar board in another state
and if the stan-
dards and qualifications required for the practice of
professional coun-
seling 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.
(a) The board may issue a license to
an individual who is currently
registered, certified or licensed to practice professional
counseling in an-
other jurisdiction if the board determines that:
(1) The standards for registration,
certification or licensure to prac-
tice professional counseling in the other jurisdiction are
substantially
equivalent to the requirements of this state; or
(2) the applicant demonstrates on
forms provided by the board com-
pliance with the following standards as adopted by the
board:
(A) Continuous registration,
certification or licensure to practice pro-
fessional counseling during the five years immediately preceding
the ap-
plication with at least the minimum professional experience as
established
by rules and regulations of the board;
(B) the absence of disciplinary
actions of a serious nature brought by
a registration, certification or licensing board or agency;
and
(C) a masters degree in counseling
from a regionally accredited uni-
versity or college.
(b) Applicants for licensure as a
clinical professional counselor shall
additionally demonstrate competence to diagnose and treat mental
dis-
orders through meeting the requirements of either paragraph (1)
or (2)
of subsection (a) and at least two of the following areas
acceptable to the
board:
(1) Either graduate coursework as
established by rules and regula-
tions of the board or passing a national clinical examination
approved by
the board;
(2) three years of clinical practice
with demonstrated experience in
diagnosing or treating mental disorders; or
(3) attestation from a professional
licensed to diagnose and treat men-
tal disorders in independent practice or licensed to practice
medicine and
surgery stating that the applicant is competent to diagnose and
treat men-
tal disorders.
(c) An applicant for a license under
this section shall pay an appli-
cation fee established by the board under K.S.A. 65-5808 and
amendments
thereto.
Sec. 3. K.S.A. 65-6309 is hereby
amended to read as follows: 65-
6309. (a) Except as provided in subsections (b) and (c), an
applicant shall
be exempted from the requirement for any examination provided
for
herein if:
(1) The applicant proves to the board
that the applicant is licensed
or registered under the laws of a state or territory of the United
States
that imposes substantially the same requirements as this act as
deter-
mined by the board; and
(2) pursuant to the laws of any such
state or territory, the applicant
has taken and passed an examination similar to that for which
exemption
is sought, as determined by the board.
(b) The board may issue a license to
an individual who is currently
licensed to practice social work at the clinical level in
another jurisdiction
if the board determines that:
(1) The standards for licensure to
practice social work at the clinical
level in the other jurisdiction are substantially equivalent to
the require-
ments of this state for licensure at the clinical level;
or
(2) the applicant demonstrates on
forms provided by the board com-
pliance with the following standards as adopted by the
board:
(A) Continuous licensure to practice
social work at the clinical level
during the five years immediately preceding the application with
at least
the minimum professional experience as established by rules and
regula-
tions of the board;
(B) the absence of disciplinary
actions of a serious nature brought by
a licensing board or agency; and
(C) a masters or doctoral degree in
social work from a regionally
accredited university or college and from an accredited graduate
social
work program recognized and approved by the board pursuant to
rules
and regulations adopted by the board.
(c) Applicants for licensure as a
clinical specialist social worker shall
additionally demonstrate competence to diagnose and treat mental
dis-
orders through meeting the following requirements:
(1) Passing a national clinical
examination approved by the board or,
in the absence of the national examination, continuous licensure
to prac-
tice as a clinical social worker during the 10 years immediately
preceding
the application; and
(2) three years of clinical practice
with demonstrated experience in
diagnosing or treating mental disorders.
(d) An applicant for a license under
this section shall pay an appli-
cation fee established by the board under K.S.A. 65-6314 and
amendments
thereto.
(b) An applicant for a license as
a baccalaureate social worker who is,
on the effective date of this act, employed as a social
worker, social work
supervisor or a social work administrator and who applied
for such license
on or before July 1, 1975, shall be exempted from academic
and exami-
nation requirements imposed under the provisions of this
act. An appli-
cant for a license as a baccalaureate social worker who is
a social worker,
otherwise qualified for licensure as a baccalaureate social
worker, and
who applied for such license on or before July 1, 1975,
shall be exempt
from the examination requirements imposed under the
provisions of this
act.
(c) An applicant for a license as
a master social worker who applied
for such license on or before July 1, 1975, and who
presents proof to the
board that such applicant is engaging in the private
practice of social work
may be exempt from the two years' supervised experience
otherwise re-
quired by this act.
(d) An applicant for a license as
a master social worker who has sat-
isfactorily completed a master's program in social work and
was awarded
a certificate, and who is employed in a position for which
the master's
degree is normally required and who applied for such
license on or before
July 1, 1975, shall be exempt from academic and examination
require-
ments for licensing under the provisions of this act. An
applicant for a
license as a master social worker who is otherwise
qualified for such li-
censure on the effective date of this act and who applied
for such license
on or before July 1, 1975, shall be exempt from the
examination require-
ments for licensing under the provisions of this
act.
(e) An applicant for a license in
a social work specialty who has sat-
isfactorily completed two years of graduate social work
training and was
awarded a certificate, and who is employed in a position
for which the
master's degree is normally required and who applied for
such license on
or before July 1, 1975, shall be exempt from academic
requirements for
licensing under the provisions of this
act.
(f) An applicant for a license in
a social work specialty who is other-
wise qualified for such license on the effective date of
this act and who
applied for such license on or before July 1, 1975, shall
be exempt from
the examination requirements for licensing under the
provisions of this
act.
(g) An applicant for licensing in
a social work specialty who was en-
gaged in the practice of a specialty approved by the board
on the effective
date of this act and who meets the academic requirements
for licensing
as a master social worker or qualifies for an exemption
therefrom under
the provisions of this section shall be exempt from the
requirement for
two years of supervised experience required for licensing
under the pro-
visions of this act.
(h) (e) Upon
application, the board shall issue temporary licenses to
persons who have met all qualifications for licensure under
provisions of
this act, except passage of the required examination, who must wait
for
completion of the next examination, who have paid the required fee
and
who have submitted documentation as required by the board under
the
following provisions: (1) The temporary license shall expire upon
receipt
and recording of the person's examination score by the board if
such
person fails the examination or upon the date the board issues or
denies
the person a license to practice social work if such person passes
the
examination; (2) such persons shall take the next license
examination sub-
sequent to the date of issuance of the temporary license unless
there are
extenuating circumstances approved by the board; (3) no person may
be
granted a temporary license more than once; and (4) no person may
work
under a temporary license except under the supervision of a
licensed
social worker. Nothing in this subsection shall affect any
temporary permit
to practice issued under this subsection prior to the effective
date of this
act and in effect on the effective date of this act. Such temporary
permit
shall be subject to the provisions of this subsection in effect at
the time
of its issuance and shall continue to be effective until the date
of expiration
of the permit as provided under this subsection at the time of
issuance
of such temporary permit.
(i) (f) Any
individual employed by a hospital and working in the area
of hospital social services to patients of such hospital on July 1,
1974, is
exempt from the provisions of this act.
(j) (g) If an
applicant is denied licensure, the board shall provide the
applicant with a written explanation of the denial within 10 days
after the
decision of the board, excluding Saturdays, Sundays and legal
holidays.
Sec. 4. K.S.A. 65-6406 is hereby
amended to read as follows: 65-
6406. (a) The board shall may issue
a license to an individual who is
currently registered, certified or licensed to practice marriage
and family
therapy in another jurisdiction if the board determines
that:
(1) The standards for
registration, certification or licensure to prac-
tice marriage and family therapy in the other jurisdiction are
substantially
the equivalent of the requirements of the marriage and family
therapists
licensure act and rules and regulations of the board. An
applicant for a
license under this section shall pay an application fee
established by the
board under K.S.A. 65-6411 and amendments
thereto.;
(2) the applicant demonstrates on
forms provided by the board com-
pliance with the following standards as adopted by the
board:
(A) Continuous registration,
certification or licensure to practice
marriage and family therapy during the five years immediately
preceding
the application with at least the minimum professional
experience as es-
tablished by rules and regulations of the board;
(B) the absence of disciplinary
actions of a serious nature brought by
a registration, certification or licensing board or agency;
and
(C) completion of a masters degree in
marriage and family therapy
from a regionally accredited university.
(b) Applicants for licensure as a
clinical marriage and family therapist
shall additionally demonstrate competence to diagnose and treat
mental
disorders through meeting the requirements of either paragraph
(1) or
(2) of subsection (a) and at least two of the following areas
acceptable to
the board:
(1) Either graduate coursework as
established by rules and regula-
tions of the board or passing a national clinical examination
approved by
the board;
(2) three years of clinical practice
with demonstrated experience in
diagnosing or treating mental disorders; or
(3) attestation from a professional
licensed to diagnose and treat men-
tal disorders in independent practice or licensed to practice
medicine and
surgery stating that the applicant is competent to diagnose and
treat men-
tal disorders.
(c) An applicant for a license
under this section shall pay an appli-
cation fee established by the board under K.S.A. 65-6411, and
amend-
ments thereto.
Sec. 5. K.S.A. 74-5315 is hereby
amended to read as follows: 74-
5315. (a) The board may grant a license without
examination to any per-
son who, at the time of application, is registered, certified
or licensed or
certified by a board of psychology examiners of
as a psychologist at the
doctoral level in another state if
jurisdiction if the board determines that:
(1) The requirements of such
state jurisdiction for such
certification
or licensure are substantially the equivalent of the requirements
of this
act. state; or
(2) the applicant demonstrates on
forms provided by the board com-
pliance with the following standards as adopted by the
board:
(A) Continuous registration,
certification or licensure as a psycholo-
gist at the doctoral level during the five years immediately
preceding the
application with at least the minimum professional experience as
estab-
lished by rules and regulations of the board;
(B) the absence of disciplinary
actions of a serious nature brought by
a registration, certification or licensing board or agency;
and
(C) a doctoral degree in psychology
from a regionally accredited uni-
versity or college.
(b) An applicant for a license under
this section shall pay an appli-
cation fee established by the board under K.S.A. 65-5310 and
amendments
thereto.
Sec. 6. K.S.A. 65-5807, 65-6309, 65-6406 and
74-5315 are hereby
repealed.
Sec. 7. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 21, 2003.
__________