Brief ⁽¹⁾

SB 186, as amended, amends the act under which the Behavioral Sciences Regulatory Board operates to clarify and augment the statutory authority of the Board to investigate complaints against persons licensed and registered by the Board. And, as amended by the House Committee, also amends statutes that relate to substantive changes and additions to the laws governing the licensure, practice, and regulation of masters level psychologists, marriage and family therapists, professional counselors, and social workers made by the 1999 Legislature when a clinical level of credentialing was added to the acts governing such persons.

The bill gives the Board and its agents access to records, documents, reports, or other evidence pertaining to the subject of a Board investigation in the possession of the subject of the investigation, any clinic or behavioral sciences practitioner's office, or other public or private agency. Such access is granted when the investigation being conducted by the Board is based on a written complaint or other written evidence.

New language clarifies and expands the Board's authority to issue subpoenas. The Board is given authority to subpoena witnesses and records or other documents relating to practices that may be grounds for Board action against a licensee or registrant. The subpoena power is applicable both in investigations and in proceedings before the Board. Procedural language makes it clear the Board may issue a subpoena and, if necessary, enforce the subpoena through application to a district court.

Additional wording pertains to issues of confidentiality. Information obtained by the Board is confidential and not subject to disclosure in any manner that would identify the person who is the subject of the information or the source of the information, except information may be disclosed:

• In a proceeding conducted by the Board or in an appeal of a Board order;
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• To the person who is the subject of an investigation or at the request of the subject of the information; and
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• To a state or federal regulatory or enforcement agency having jurisdiction over the subject of the information.

The provider-client privilege does not apply in investigations or proceedings before the Board. However, the Board is required to keep confidential the names and content of any client records that may be reviewed pursuant to the statute.

As amended by the House Committee, the bill:

• Adds the clinical level of practitioner authorized by the 1999 legislation as well as several of the nonclinical level groups and registered drug abuse and alcohol counselors to those persons who are mandated to report child abuse and neglect; abuse of residents of adult care homes, hospitals, and state institutions; and the abuse, neglect, or exploitation of adults;
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• Adds licensed clinical psychotherapists (masters level psychologist), licensed clinical level marriage and family therapists, and licensed clinical professional counselors to the definition of "qualified mental health professional" as that term is used in the Act for Obtaining Treatment for a Mentally Ill Person;
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• Deletes the authority for the Board to issue a second two-year temporary permit or license for professional counselors and for marriage and family therapists;
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• Restores a previously existing alternative in supervised practice required of applicants for licensure as masters level psychologists; and
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• Reconciles the provisions of two versions of a statute amended in 1999, repeals an outdated statute, and makes other amendments that are primarily technical.

Background

During the 2000 Interim, the representatives of the Kansas Chapter of the National Association of Social Workers and several members of the Behavioral Sciences Regulatory Board as well as the Executive Director and the Assistant Attorney General who works with the Board met with the Health Care Reform Legislative Oversight Committee to discuss the workload experienced by the members of the Board who are licensed social workers who constitute the largest number of the licensees of the Board. In discussion with the conferees, several issues relating to the authority of the Board in conducting investigations of complaints and protecting the confidentiality of clients of licensees were brought out. While the Health Care Reform Legislative Oversight Committee did not recommend the addition of additional social work members to the Board, it did recommend the Board staff review the issues discussed with the Committee and prepare legislation to be introduced during the 2001 Session relating to such issues. SB 186, prepared by the Attorney for the Behavioral Sciences Regulatory Board, follows up on the interim recommendation. The amendatory provisions contained in the bill are very similar to like provisions in the Kansas Healing Arts Act. The Committee amendment was proposed by the Executive Director of the Board.

The bill was supported during hearings by representatives of the Behavioral Sciences Regulatory Board. A representative of the Department of Social and Rehabilitation Services suggested an amendment.

The House Committee amended into SB 186 the provisions of HB 2227 which was introduced at the request of the Behavioral Sciences Regulatory Board whose representative supported the bill during the Committee hearing as did a representative of the Mental Health Credentialing Coalition.

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/fulltext.cgi