Brief (1)
S.B. 397, as amended by House Committee, amends one statute that is a part of the Professional Counselors Licensure Act and one statute that is a part of the act under which social workers are licensed and social work practice regulated.
Section 1 amends a statute that is a part of the Professional Counselors Licensure Act as it was amended by Section 1 of Chapter 117 of the 1999 Session Laws of Kansas. The current statutory definition of "licensed professional counselor" is a person who is licensed and who engages in the practice of professional counseling. On and after January 1, 2002, a licensed professional counselor is defined as a person who is licensed and who is engaged 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 license authorizes such person to diagnose and treat mental disorders. SB 397, as amended by Senate Committee, requires the Behavioral Sciences Regulatory Board to define "diagnose and treat" as used in the subsection defining professional counseling by rules and regulations, defines the term "mental disorder", and provides that working under the direction of an individual who is authorized to diagnose and treat mental disorders is not required if the licensed professional counselor does not diagnose and treat mental disorders.
The House Committee amendment adds an additional section to the bill which amends a statute relating to social workers that was also amended by Chapter 117, 1999 Session Laws of Kansas. The statute as currently written will require social workers who apply for license renewal as a master social worker or specialist clinical social worker to complete not less than six hours of continuing education relating to the diagnosis and treatment of mental disorders after the effective date of the 1999 amendments. The House Committee amendment makes this requirement applicable only to those licensed masters and specialist clinical social workers who engage in the diagnosis and treatment of mental disorders.
Background
SB 397, as it was introduced, is the result of work of the Task Force on Providers of Mental Health Services. During the 1999 Interim, the Task Force reviewed the changes that would take place in the status of licensed professional counselors subsequent to the effective date of 1999 legislation. HB 2213 eliminated the authorization for licensed professional counselors to practice independently after July 1, 2002. It was the Task Force recommendation that licensed professional counselors whose practice does not include diagnosis and treatment not be required to work under the direction of another person. See Committee Reports to the 2000 Kansas Legislature, Part II, Report of the Task Force on Providers of Mental Health Services to the 2000 Legislature, pages 7-1 through 7-6. SB 397 was introduced by a member of the Task Force to carry out the recommendation.
Testimony on SB 397 indicated the bill would allow licensed professional counselors who now engage in such practices as educational and vocational counseling to continue to engage in such practices as independent practitioners after the effective date of the definitional change resulting from enactment of 1999 HB 2213.
The House Committee amendment was proposed by a member of the Legislature who is a licensed social worker.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html