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Kansas House Bill HB2375

Kansas 2023-2024 Regular Session

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11 Session of 2023
22 HOUSE BILL No. 2375
33 By Committee on Higher Education Budget
44 2-8
55 AN ACT concerning the behavioral sciences; relating to social work;
66 powers, duties and functions of the behavioral sciences regulatory
77 board; establishing the temporary candidacy baccalaureate and master
88 social work licenses; providing requirements and fees therefor;
99 amending K.S.A. 65-6314 and K.S.A. 2022 Supp. 65-6306 and
1010 repealing the existing sections.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 Section 1. K.S.A. 2022 Supp. 65-6306 is hereby amended to read as
1313 follows: 65-6306. (a) The board shall issue a license as a baccalaureate
1414 social worker to an applicant who has:
1515 (1) A baccalaureate degree from an accredited college or university,
1616 including completion of a social work program recognized and approved
1717 by the board, pursuant to rules and regulations adopted by the board;
1818 (2) passed an examination approved by the board for this purpose;
1919 and
2020 (3) satisfied the board that the applicant is a person who merits the
2121 public trust.
2222 (b) (1) An applicant for a baccalaureate social work license who
2323 received a baccalaureate degree from a social work program, including,
2424 but not limited to, an online program, in candidacy status from an
2525 accrediting body recognized by the board may request a temporary
2626 candidacy baccalaureate social work license upon:
2727 (A) Demonstrating receipt of a baccalaureate degree from a college
2828 or university, including completion of a social work program in candidacy
2929 from an accrediting body recognized by the board;
3030 (B) passing an examination approved by the board for the purpose of
3131 such temporary candidacy licensure;
3232 (C) submitting a completed, signed temporary candidacy
3333 baccalaureate social work license application on a form and in a manner
3434 provided by the board;
3535 (D) satisfying the board that the applicant is a person who merits the
3636 public trust; and
3737 (E) paying the temporary candidacy baccalaureate social worker fee
3838 as established under K.S.A. 65-6314, and amendments thereto, upon
3939 notification from the board that all eligibility requirements have been
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7676 satisfied.
7777 (2) This subsection shall apply to, but not be limited to, the online
7878 baccalaureate social work program at the university of Saint Mary in
7979 Leavenworth, Kansas.
8080 (3) A temporary candidacy baccalaureate social work license shall
8181 expire on the last day of the 24
8282 th
8383 month after the temporary candidacy
8484 baccalaureate social work license's effective date. Such license is
8585 nonrenewable, but, upon request by the license holder using a form
8686 approved by the board and paying the appropriate fee, the license shall be
8787 extended upon a showing that the social work program remains in
8888 candidacy status with the accrediting body recognized by the board. In all
8989 professional use of the social worker's name, an individual with a
9090 temporary candidacy baccalaureate social work license shall represent
9191 themselves as a temporary candidacy baccalaureate social worker. An
9292 individual with such license shall not use the credentials "LBSW." The
9393 word "licensed" may be used only when followed by the words "by
9494 temporary candidacy license." An individual issued a temporary
9595 candidacy baccalaureate social work license shall practice under
9696 supervision and shall not be required to complete continuing education. If
9797 the accrediting body recognized by the board grants accreditation to the
9898 program in candidacy status, the holder of the temporary candidacy
9999 baccalaureate social work license shall receive a permanent license upon
100100 payment of the appropriate fee. If the accrediting body recognized by the
101101 board does not grant accreditation to the program in candidacy status, the
102102 board shall immediately revoke the temporary license and notify the
103103 licensee of the revocation of such license.
104104 (c) The board shall issue a license as a master social worker to an
105105 applicant who has:
106106 (1) Except as provided in subsection (f) (h), a master's degree from an
107107 accredited college or university, including completion of a social work
108108 program recognized and approved by the board, pursuant to rules and
109109 regulations adopted by the board;
110110 (2) passed an examination approved by the board for this purpose;
111111 and
112112 (3) satisfied the board that the applicant is a person who merits the
113113 public trust.
114114 (d) (1) An applicant for a master social work license who received a
115115 master's degree from a social work program, including, but not limited to,
116116 an online program, in candidacy status from an accrediting body
117117 recognized by the board may request a temporary candidacy master social
118118 work license upon:
119119 (A) Demonstrating receipt of a master's degree from a college or
120120 university, including completion of a social work program in candidacy
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164164 from an accrediting body recognized by the board;
165165 (B) passing an examination approved by the board for the purpose of
166166 such temporary candidacy licensure;
167167 (C) submitting a completed, signed temporary candidacy master
168168 social work license application on a form and in a manner provided by the
169169 board;
170170 (D) satisfying the board that the applicant is a person who merits the
171171 public trust; and
172172 (E) paying the temporary candidacy master social worker fee as
173173 established under K.S.A. 65-6314, and amendments thereto, upon
174174 notification from the board that all eligibility requirements have been met.
175175 (2) This subsection shall apply to, but not be limited to, the online
176176 masters of social work program at the university of Saint Mary in
177177 Leavenworth, Kansas.
178178 (3) A temporary candidacy master social work license shall expire on
179179 the last day of the 24
180180 th
181181 month after the temporary candidacy master social
182182 work license's effective date. Such license is nonrenewable, but, upon
183183 request by the license holder using a form approved by the board and
184184 paying the appropriate fee, the license shall be extended upon a showing
185185 that the social work program remains in candidacy status with the
186186 accrediting body recognized by the board. In all professional use of the
187187 social worker's name, an individual with a temporary candidacy master
188188 social work license shall represent themselves as a temporary candidacy
189189 master social worker. An individual with such license shall not use the
190190 credentials "LMSW." The word "licensed" may be used only when followed
191191 by the words "by temporary candidacy license." An individual issued a
192192 temporary candidacy master social work license shall practice under
193193 supervision and shall not be required to complete continuing education. If
194194 the accrediting body recognized by the board grants accreditation to the
195195 program in candidacy status, the holder of the temporary candidacy
196196 master social work license shall receive a permanent license upon
197197 payment of the appropriate fee. If the accrediting body recognized by the
198198 board does not grant accreditation to the program in candidacy status, the
199199 board shall immediately revoke the temporary license and notify the
200200 licensee of the revocation of such license.
201201 (c)(e) The board shall issue a license in one of the social work
202202 specialties to an applicant who has:
203203 (1) A master's or doctor's degree from an accredited graduate school
204204 of social work, including completion of a social work program recognized
205205 and approved by the board, pursuant to rules and regulations adopted by
206206 the board;
207207 (2) had two years of full-time post-master's or post-doctor's degree
208208 experience under the supervision of a licensed social worker in the area of
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252252 the specialty in which such applicant seeks to be licensed;
253253 (3) passed an examination approved by the board for this purpose;
254254 and
255255 (4) satisfied the board that the applicant is a person who merits the
256256 public trust.
257257 (d)(f) (1) The board shall issue a license as a specialist clinical social
258258 worker to an applicant who:
259259 (A) Has met the requirements of subsection (c) (e);
260260 (B) has completed 15 credit hours as part of or in addition to the
261261 requirements under subsection (c) (e) supporting diagnosis or treatment of
262262 mental disorders with use of the American psychiatric association's
263263 diagnostic and statistical manual, through identifiable study of the
264264 following content areas: Psychopathology, diagnostic assessment,
265265 interdisciplinary referral and collaboration, treatment approaches and
266266 professional ethics;
267267 (C) has completed a graduate level supervised clinical practicum of
268268 supervised professional experience, including psychotherapy and
269269 assessment, integrating diagnosis and treatment of mental disorders with
270270 use of the American psychiatric association's diagnostic and statistical
271271 manual or additional postgraduate supervised experience as determined by
272272 the board;
273273 (D) has completed as part of or in addition to the requirements of
274274 subsection (c) (e) not less than two years of postgraduate supervised
275275 professional experience, in accordance with a clinical supervision plan
276276 approved by the board of not less than 3,000 hours of supervised
277277 professional experience including at least 1,500 hours of direct client
278278 contact conducting psychotherapy and assessments with individuals,
279279 couples, families or groups and not less than 100 hours of face-to-face
280280 clinical supervision, as defined by the board in rules and regulations,
281281 including not less than 50 hours of individual supervision, except that the
282282 board may waive the requirement that such supervision be face-to-face
283283 upon a finding of extenuating circumstances, integrating diagnosis and
284284 treatment of mental disorders with use of the American psychiatric
285285 association's diagnostic and statistical manual;
286286 (E) for persons earning a degree under subsection (c) prior to July 1,
287287 2003, in lieu of the education and training requirements under
288288 subparagraphs (B) and (C), has completed the education requirements for
289289 licensure as a specialist clinical social worker in effect on the day
290290 immediately preceding the effective date of this act;
291291 (F) for persons who apply for and are eligible for a temporary license
292292 to practice as a specialist clinical social worker on the day immediately
293293 preceding the effective date of this act, in lieu of the education and training
294294 requirements under subparagraphs (B), (C) and (D), has completed the
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338338 education and training requirements for licensure as a specialist clinical
339339 social worker in effect on the day immediately preceding the effective date
340340 of this act;
341341 (G) has passed an examination approved by the board; and
342342 (H) has paid the application fee.
343343 (2) A licensed specialist clinical social worker may engage in the
344344 social work practice and is authorized to diagnose and treat mental
345345 disorders specified in the edition of the diagnostic and statistical manual of
346346 mental disorders of the American psychiatric association designated by the
347347 board by rules and regulations. When a client has symptoms of a mental
348348 disorder, a licensed specialist clinical social worker shall consult with the
349349 client's primary care physician or psychiatrist to determine if there may be
350350 a medical condition or medication that may be causing or contributing to
351351 the client's symptoms of a mental disorder. A client may request in writing
352352 that such consultation be waived and such request shall be made a part of
353353 the client's record. A licensed specialist clinical social worker may
354354 continue to evaluate and treat the client until such time that the medical
355355 consultation is obtained or waived.
356356 (3) Notwithstanding any other provision of this subsection, a licensed
357357 master social worker who has provided to the board an acceptable clinical
358358 supervision plan for licensure as a specialist clinical social worker prior to
359359 the effective date of this act shall be licensed as a specialist clinical social
360360 worker under this act upon completion of the requirements in effect for
361361 licensure as a specialist clinical social worker at the time the acceptable
362362 training plan is submitted to the board.
363363 (4) A person licensed as a specialist clinical social worker on the day
364364 immediately preceding the effective date of this act shall be deemed to be
365365 a licensed specialist clinical social worker under this act. Such person shall
366366 not be required to file an original application for licensure as a specialist
367367 clinical social worker under this act.
368368 (e)(g) The board shall adopt rules and regulations establishing the
369369 criteria that a social work program of a college or university shall satisfy to
370370 be recognized and approved by the board under this section. The board
371371 may send a questionnaire developed by the board to any college or
372372 university conducting a social work program for which the board does not
373373 have sufficient information to determine whether the program should be
374374 recognized and approved by the board and whether the program meets the
375375 rules and regulations adopted under this section. The questionnaire
376376 providing the necessary information shall be completed and returned to the
377377 board in order for the program to be considered for recognition and
378378 approval. The board may contract with investigative agencies,
379379 commissions or consultants to assist the board in obtaining information
380380 about a social work program of a college or university. In entering such
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424424 contracts the authority to recognize and approve a social work program of
425425 a college or university shall remain solely with the board.
426426 (f)(h) (1) Notwithstanding any pending candidacy for accreditation of
427427 the masters of social work program at Fort Hays state university, the board
428428 shall:
429429 (A) Accept a master's degree from such program as from an
430430 accredited college or university for the purpose of issuing a license as a
431431 master social worker to an applicant under subsection (b); and
432432 (B) not impose any additional or alternative requirements to
433433 accreditation upon an applicant with such degree based on such program's
434434 pending candidacy for accreditation.
435435 (2) The provisions of this subsection shall apply retroactively and
436436 shall expire on July 1, 2023.
437437 Sec. 2. K.S.A. 65-6314 is hereby amended to read as follows: 65-
438438 6314. (a) The following fees may be established by the board in
439439 accordance with the following limitations, and any such fees shall be
440440 established by rules and regulations adopted by the board:
441441 (1) Renewal or reinstatement fee for a license as a social work
442442 associate shall be not more than $150.
443443 (2) Application, new license, reinstatement or renewal fee for a
444444 license as a baccalaureate social worker shall be not more than $150.
445445 (3) Application, new license, reinstatement or renewal fee for a
446446 license as master social worker shall be not more than $150.
447447 (4) Application, new license, reinstatement or renewal fee for a
448448 license in a social work specialty shall be not more than $150.
449449 (5) Replacement fee for reissuance of a license certificate due to loss
450450 or name change shall be not more than $20.
451451 (6) Replacement fee for reissuance of a wallet card shall be not more
452452 than $5.
453453 (7) Temporary license fee for a baccalaureate social worker, master
454454 social worker or a social work specialty shall be not more than $50.
455455 (8) Temporary candidacy license fee for a baccalaureate social
456456 worker, master social worker or a social work specialty, or extension of
457457 such license, shall be not more than $75.
458458 (9) Application fee for approval as board-approved continuing
459459 education sponsors shall be as follows:
460460 (A) Initial application fee for one year provisionally approved
461461 providers shall be not more than $125;
462462 (B) three-year renewal fees for approved providers shall be not more
463463 than $350; and
464464 (C) application fees for single program providers shall be not more
465465 than $50 for each separately offered continuing education activity for
466466 which prior approval is sought.
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510510 (b) Fees paid to the board are not refundable.
511511 Sec. 3. K.S.A. 65-6314 and K.S.A. 2022 Supp. 65-6306 are hereby
512512 repealed.
513513 Sec. 4. This act shall take effect and be in force from and after its
514514 publication in the statute book.
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