Session Law

Identifying Information:L. 2001 ch. 154
Other Identifying Information:2001 Senate Bill 186
Tax Type:Other
Brief Description: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.
Keywords:


Body:

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, 2000.


__________




Date Composed: 09/25/2001 Date Modified: 09/25/2001