Brief ⁽¹⁾

Senate Sub. for Sub. for SB 554 amends statutes that concern professional counselors and licensed psychologists.

A statute that is a part of the Professional Counselors Licensure Act as it was amended by Section 1 of Chapter 117, 1999 Session Laws of Kansas is amended in Section 1 of the bill. As of now, the statute provides that a "licensed professional counselor" is a person who is licensed and who engages in the practice of professional counseling. However, 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. The amendment adds an exception to the language that becomes effective January, 2002. The exception allows a professional counselor who does not diagnose and treat mental disorders to continue to practice without practicing under the direction of another person. The terms used in the amendment are defined in the bill.

Amendments to four other statutes that concern the licensing of psychologists have the effect of allowing the Behavioral Sciences Regulatory Board to provide for the staggering of license renewals by authorizing the Board to accept applications from applicants who voluntarily apply for a one-year license renewal on or before July 1, 2000. Any such licenses will expire on June 30, 2001. The amendments authorize the one-time collection of one-half the regular license renewal fee and a one-time adjustment of the required continuing education hours to implement the one-year renewals. A further amendment applicable to all license renewals makes failure to renew a license to practice psychology after 120 days from the expiration date of a license a violation of the law.

Background

As introduced, SB 554 pertained to the Health Care Data Governing Board. The provisions of the original substitute bill were amended into SB 555 which has been passed.

Senate Sub. for SB 554 incorporates one of the provisions of SB 397 relating to the continued practice of professional counselors. SB 397 was 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.

The amendments relating to the renewal of licenses for professional counselors are included in the bill because the Behavioral Sciences Regulatory Board had initiated action to allow a voluntary one-year license renewal without realizing the Board had no statutory authority to do so or to prorate license renewal fees and required continuing education hours in order to implement staggered license renewals.

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