Kansas 2023-2024 Regular Session

Kansas House Bill HB2375 Latest Draft

Bill / Introduced Version Filed 02/08/2023

                            Session of 2023
HOUSE BILL No. 2375
By Committee on Higher Education Budget
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AN ACT concerning the behavioral sciences; relating to social work; 
powers, duties and functions of the behavioral sciences regulatory 
board; establishing the temporary candidacy baccalaureate and master 
social work licenses; providing requirements and fees therefor; 
amending K.S.A. 65-6314 and K.S.A. 2022 Supp. 65-6306 and 
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 65-6306 is hereby amended to read as 
follows: 65-6306. (a) The board shall issue a license as a baccalaureate 
social worker to an applicant who has:
(1) A baccalaureate degree from an accredited college or university, 
including completion of a social work program recognized and approved 
by the board, pursuant to rules and regulations adopted by the board;
(2) passed an examination approved by the board for this purpose; 
and
(3) satisfied the board that the applicant is a person who merits the 
public trust.
(b) (1) An applicant for a baccalaureate social work license who 
received a baccalaureate degree from a social work program, including, 
but not limited to, an online program, in candidacy status from an 
accrediting body recognized by the board may request a temporary 
candidacy baccalaureate social work license upon:
(A) Demonstrating receipt of a baccalaureate degree from a college 
or university, including completion of a social work program in candidacy 
from an accrediting body recognized by the board;
(B) passing an examination approved by the board for the purpose of 
such temporary candidacy licensure;
(C) submitting a completed, signed temporary candidacy 
baccalaureate social work license application on a form and in a manner 
provided by the board;
(D) satisfying the board that the applicant is a person who merits the 
public trust; and
(E) paying the temporary candidacy baccalaureate social worker fee 
as established under K.S.A. 65-6314, and amendments thereto, upon 
notification from the board that all eligibility requirements have been 
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satisfied.
(2) This subsection shall apply to, but not be limited to, the online 
baccalaureate social work program at the university of Saint Mary in 
Leavenworth, Kansas.
(3) A temporary candidacy baccalaureate social work license shall 
expire on the last day of the 24
th
 month after the temporary candidacy 
baccalaureate social work license's effective date. Such license is 
nonrenewable, but, upon request by the license holder using a form 
approved by the board and paying the appropriate fee, the license shall be 
extended upon a showing that the social work program remains in 
candidacy status with the accrediting body recognized by the board. In all 
professional use of the social worker's name, an individual with a 
temporary candidacy baccalaureate social work license shall represent 
themselves as a temporary candidacy baccalaureate social worker. An 
individual with such license shall not use the credentials "LBSW." The 
word "licensed" may be used only when followed by the words "by 
temporary candidacy license." An individual issued a temporary 
candidacy baccalaureate social work license shall practice under 
supervision and shall not be required to complete continuing education. If 
the accrediting body recognized by the board grants accreditation to the 
program in candidacy status, the holder of the temporary candidacy 
baccalaureate social work license shall receive a permanent license upon 
payment of the appropriate fee. If the accrediting body recognized by the 
board does not grant accreditation to the program in candidacy status, the 
board shall immediately revoke the temporary license and notify the 
licensee of the revocation of such license.
(c) The board shall issue a license as a master social worker to an 
applicant who has:
(1) Except as provided in subsection (f) (h), a master's degree from an 
accredited college or university, including completion of a social work 
program recognized and approved by the board, pursuant to rules and 
regulations adopted by the board;
(2) passed an examination approved by the board for this purpose; 
and
(3) satisfied the board that the applicant is a person who merits the 
public trust.
(d) (1) An applicant for a master social work license who received a 
master's degree from a social work program, including, but not limited to, 
an online program, in candidacy status from an accrediting body 
recognized by the board may request a temporary candidacy master social 
work license upon:
(A) Demonstrating receipt of a master's degree from a college or 
university, including completion of a social work program in candidacy 
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from an accrediting body recognized by the board;
(B) passing an examination approved by the board for the purpose of 
such temporary candidacy licensure;
(C) submitting a completed, signed temporary candidacy master 
social work license application on a form and in a manner provided by the 
board;
(D) satisfying the board that the applicant is a person who merits the 
public trust; and
(E) paying the temporary candidacy master social worker fee as 
established under K.S.A. 65-6314, and amendments thereto, upon 
notification from the board that all eligibility requirements have been met.
(2) This subsection shall apply to, but not be limited to, the online 
masters of social work program at the university of Saint Mary in 
Leavenworth, Kansas.
(3) A temporary candidacy master social work license shall expire on 
the last day of the 24
th
 month after the temporary candidacy master social 
work license's effective date. Such license is nonrenewable, but, upon 
request by the license holder using a form approved by the board and 
paying the appropriate fee, the license shall be extended upon a showing 
that the social work program remains in candidacy status with the 
accrediting body recognized by the board. In all professional use of the 
social worker's name, an individual with a temporary candidacy master 
social work license shall represent themselves as a temporary candidacy 
master social worker. An individual with such license shall not use the 
credentials "LMSW." The word "licensed" may be used only when followed 
by the words "by temporary candidacy license." An individual issued a 
temporary candidacy master social work license shall practice under 
supervision and shall not be required to complete continuing education. If 
the accrediting body recognized by the board grants accreditation to the 
program in candidacy status, the holder of the temporary candidacy 
master social work license shall receive a permanent license upon 
payment of the appropriate fee. If the accrediting body recognized by the 
board does not grant accreditation to the program in candidacy status, the 
board shall immediately revoke the temporary license and notify the 
licensee of the revocation of such license.
(c)(e) The board shall issue a license in one of the social work 
specialties to an applicant who has:
(1) A master's or doctor's degree from an accredited graduate school 
of social work, including completion of a social work program recognized 
and approved by the board, pursuant to rules and regulations adopted by 
the board;
(2) had two years of full-time post-master's or post-doctor's degree 
experience under the supervision of a licensed social worker in the area of 
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the specialty in which such applicant seeks to be licensed;
(3) passed an examination approved by the board for this purpose; 
and
(4) satisfied the board that the applicant is a person who merits the 
public trust.
(d)(f) (1) The board shall issue a license as a specialist clinical social 
worker to an applicant who:
(A) Has met the requirements of subsection (c) (e);
(B) has completed 15 credit hours as part of or in addition to the 
requirements under subsection (c) (e) supporting diagnosis or treatment of 
mental disorders with use of the American psychiatric association's 
diagnostic 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 
assessment, integrating diagnosis and treatment of mental disorders with 
use of the American psychiatric association's diagnostic and statistical 
manual or additional postgraduate supervised experience as determined by 
the board;
(D) has completed as part of or in addition to the requirements of 
subsection (c) (e) not less than two years of postgraduate supervised 
professional experience, in accordance with a clinical supervision plan 
approved by the board of not less than 3,000 hours of supervised 
professional 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 100 hours of face-to-face 
clinical supervision, as defined by the board in rules and regulations, 
including not less than 50 hours of individual supervision, except that the 
board may waive the requirement that such supervision be face-to-face 
upon a finding of extenuating circumstances, 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 (c) prior to July 1, 
2003, in lieu of the education and training requirements under 
subparagraphs (B) and (C), has completed the education requirements for 
licensure as a specialist clinical social worker 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 license 
to practice as a specialist clinical social worker on the day immediately 
preceding the effective date of this act, in lieu of the education and training 
requirements under subparagraphs (B), (C) and (D), has completed the 
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education and training requirements for licensure as a specialist clinical 
social worker 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.
(2) A licensed specialist clinical social worker may engage in the 
social work practice 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 specialist clinical social worker 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 specialist clinical social worker may 
continue to evaluate and treat the client until such time that the medical 
consultation is obtained or waived.
(3) Notwithstanding any other provision of this subsection, a licensed 
master social worker who has provided to the board an acceptable clinical 
supervision plan for licensure as a specialist clinical social worker prior to 
the effective date of this act shall be licensed as a specialist clinical social 
worker under this act upon completion of the requirements in effect for 
licensure as a specialist clinical social worker at the time the acceptable 
training plan is submitted to the board.
(4) A person licensed as a specialist clinical social worker on the day 
immediately preceding the effective date of this act shall be deemed to be 
a licensed specialist clinical social worker under this act. Such person shall 
not be required to file an original application for licensure as a specialist 
clinical social worker under this act.
(e)(g) The board shall adopt rules and regulations establishing the 
criteria that a social work program of a college or university shall satisfy to 
be recognized and approved by the board under this section. The board 
may send a questionnaire developed by the board to any college or 
university conducting a social work program for which the board does not 
have sufficient information to determine whether the program should be 
recognized and approved by the board and whether the program meets the 
rules and regulations adopted under this section. The questionnaire 
providing the necessary information shall be completed and returned to the 
board in order for the program to be considered for recognition and 
approval. The board may contract with investigative agencies, 
commissions or consultants to assist the board in obtaining information 
about a social work program of a college or university. In entering such 
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contracts the authority to recognize and approve a social work program of 
a college or university shall remain solely with the board.
(f)(h) (1) Notwithstanding any pending candidacy for accreditation of 
the masters of social work program at Fort Hays state university, the board 
shall:
(A) Accept a master's degree from such program as from an 
accredited college or university for the purpose of issuing a license as a 
master social worker to an applicant under subsection (b); and
(B) not impose any additional or alternative requirements to 
accreditation upon an applicant with such degree based on such program's 
pending candidacy for accreditation.
(2) The provisions of this subsection shall apply retroactively and 
shall expire on July 1, 2023.
Sec. 2. K.S.A. 65-6314 is hereby amended to read as follows: 65-
6314. (a) The following fees may be established by the board in 
accordance with the following limitations, and any such fees shall be 
established by rules and regulations adopted by the board:
(1) Renewal or reinstatement fee for a license as a social work 
associate shall be not more than $150.
(2) Application, new license, reinstatement or renewal fee for a 
license as a baccalaureate social worker shall be not more than $150.
(3) Application, new license, reinstatement or renewal fee for a 
license as master social worker shall be not more than $150.
(4) Application, new license, reinstatement or renewal fee for a 
license in a social work specialty shall be not more than $150.
(5) Replacement fee for reissuance of a license certificate due to loss 
or name change shall be not more than $20.
(6) Replacement fee for reissuance of a wallet card shall be not more 
than $5.
(7) Temporary license fee for a baccalaureate social worker, master 
social worker or a social work specialty shall be not more than $50.
(8) Temporary candidacy license fee for a baccalaureate social 
worker, master social worker or a social work specialty, or extension of 
such license, shall be not more than $75.
(9) Application fee for approval as board-approved continuing 
education sponsors shall be as follows:
(A) Initial application fee for one year provisionally approved 
providers shall be not more than $125;
(B) three-year renewal fees for approved providers shall be not more 
than $350; and
(C) application fees for single program providers shall be not more 
than $50 for each separately offered continuing education activity for 
which prior approval is sought.
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(b) Fees paid to the board are not refundable.
Sec. 3. K.S.A. 65-6314 and K.S.A. 2022 Supp. 65-6306 are hereby 
repealed.
Sec. 4. This act shall take effect and be in force from and after its 
publication in the statute book.
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