Session Law

Identifying Information:L. 2003 ch. 129
Other Identifying Information:2003 House Bill 2234
Tax Type:Other
Brief Description: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.
Keywords:


Body:

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, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003