Session of 2023
SENATE BILL No. 176
By Committee on Public Health and Welfare
2-7
AN ACT concerning the behavioral sciences; increasing the membership
of the behavioral sciences regulatory board; relating to licensure and
regulation; professional counselors, social workers, marriage and
family therapists, addiction counselors, behavior analysts,
psychologists and master's level psychologists; decreasing the years of
practice required for reciprocity licensure; requiring that clinical social
work supervisors be approved by the board; providing additional
continuing education requirements; establishing license categories for
applicants from social work programs in candidacy for accreditation
and for temporary reinstatement; extending the license period of
temporary licenses; amending K.S.A. 65-5802, 65-5806, 65-6302, 65-
6313, 65-6314, 65-6402, 65-6407, 65-6608, 65-6614, 65-6618, 65-
7504, 65-7505, 74-5302, 74-5318, 74-5361, 74-5365, 74-5366, 74-
5367 and 74-7501 and K.S.A. 2022 Supp. 65-5804a, 65-5807, 65-5808,
65-6306, 65-6309, 65-6322, 65-6404, 65-6405, 65-6406, 65-6411, 65-
6610, 65-6611, 65-6613, 74-5310, 74-5315, 74-5316, 74-5363 and 74-
5375 and repealing the existing sections; also repealing K.S.A. 74-
5339.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) On and after January 1, 2024, any licensee
providing postgraduate clinical supervision for any individual working
toward licensure as a clinical social worker shall be a board-approved
clinical supervisor.
(b) An application for a board-approved clinical supervisor shall be
made to the board on a form and in the manner prescribed by the board
and shall be accompanied by the fee as provided by K.S.A. 65-6314, and
amendments thereto.
(c) Each applicant for board-approved clinical supervisor shall
furnish evidence satisfactory to the board that the applicant:
(1) Is currently licensed by the board as a specialist clinical social
worker and has practiced as a specialist clinical social worker for at least
two years following licensure;
(2) is not the subject of any disciplinary action of the board that
would prohibit providing clinical supervision, as determined by the board;
and
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(3) (A) Has completed the minimum number of semester hours, or
the academic equivalent, of coursework related to the enhancement of
supervision skills approved by the board; or
(B) has completed the minimum number of continuing education
hours related to the enhancement of supervision skills approved by the
board.
(c) Each board-approved clinical supervisor shall complete, as a part
of the continuing education required under K.S.A. 65-6313, and
amendments thereto, at least three hours of continuing education related to
the enhancement of supervision skills, including at least one hour related
to ethics in supervision.
(d) This section shall be a part of and supplemental to the social
workers licensure act.
Sec. 2. K.S.A. 65-5802 is hereby amended to read as follows: 65-
5802. As used in the professional counselors licensure act:
(a) "Assessment" means selecting, administering, scoring and
interpreting instruments designed to describe an individual's aptitudes,
abilities, achievements, interests and personal characteristics.
(b) "Board" means the behavioral sciences regulatory board created
by K.S.A. 74-7501, and amendments thereto.
(c) "Consultation" means the application of principles, methods and
techniques of the practice of counseling to assist in solving current or
potential problems of individuals or groups in relation to a third party.
(d) "Extenuating circumstances" means any condition or situation
caused by events beyond an individual's control that is sufficiently extreme
in nature to result in the:
(1) Individual's inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with
requirements.
(e) "Licensed clinical professional counselor" means a person who
engages in the independent practice of professional counseling including
the diagnosis and treatment 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
and who is licensed under this act.
(f) "Licensed professional counselor" means a person who is licensed
under this act and who engages in the practice of professional counseling
only under the direction of a licensed clinical professional counselor, a
licensed psychologist, a person licensed to practice medicine and surgery
or a person licensed to provide mental health services as an independent
practitioner and whose licensure allows for the diagnosis and treatment of
mental disorders.
(b)(g) "Practice of professional counseling" means assisting an
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individual or group for a fee, monetary or otherwise, through counseling,
assessment, consultation and referral and includes the diagnosis and
treatment of mental disorders as authorized under the professional
counselors licensure act.
(c)(h) "Professional counseling" means to assist an individual or
group to develop understanding of personal strengths and weaknesses, to
restructure concepts and feelings, to define goals and to plan actions as
these are related to personal, social, educational and career development
and adjustment.
(d) "Assessment" means selecting, administering, scoring and
interpreting instruments designed to describe an individual's aptitudes,
abilities, achievements, interests and personal characteristics.
(e) "Consultation" means the application of principles, methods and
techniques of the practice of counseling to assist in solving current or
potential problems of individuals or groups in relation to a third party.
(f)(i) "Referral" means the evaluation of information to identify
problems and to determine the advisability of referral to other
practitioners.
(g) "Licensed professional counselor" means a person who is licensed
under this act and who engages in the practice of professional counseling
except that on and after January 1, 2002, such person shall engage in the
practice of professional counseling only under the direction of a licensed
clinical professional counselor, a licensed psychologist, a person licensed
to practice medicine and surgery or a person licensed to provide mental
health services as an independent practitioner and whose licensure allows
for the diagnosis and treatment of mental disorders.
(h) "Licensed clinical professional counselor" means a person who
engages in the independent practice of professional counseling including
the diagnosis and treatment 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
and who is licensed under this act.
Sec. 3. K.S.A. 2022 Supp. 65-5804a is hereby amended to read as
follows: 65-5804a. (a) Applications for licensure as a professional
counselor 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 set under K.S.A. 65-5808, and amendments thereto.
(b) Each applicant for licensure as a professional counselor shall
furnish 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 or a related field from a college or university
approved by the board and that includes 45 graduate semester hours of
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counseling coursework 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) lifestyle and career development;
(F) appraisal of individuals;
(G) social and cultural foundations;
(H) research and evaluation;
(I) professional orientation; and
(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
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 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 280 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
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
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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, except that the board may
waive
1
/2 of the hours required by this subparagraph for an individual who
has a doctoral degree in professional counseling or a related field approved
by the board and who completes the required
1
/2 of the hours in not less
than one year of supervised professional experience;
(E) for persons who earned a degree under subsection (b) prior to
July 1, 2003, in lieu of the education requirements under subparagraphs
(B) and (C), 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 training
requirements under subparagraphs (B), (C) and (D), 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 set under K.S.A. 65-5808, and
amendments thereto.
(2) A person who was licensed or registered as a professional
counselor 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
registered 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 pursuant to K.S.A. 65-5808, and
amendments thereto, and completion of applicable continuing education
requirements, shall be licensed as a licensed clinical professional
counselor by providing demonstration of competence to diagnose 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
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disorders.
(3) A licensed clinical professional counselor may engage in the
independent practice of professional counseling 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
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 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) 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, licensed psychologist, person licensed to
practice medicine 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 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 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 professional counselor 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
criteria that 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
questionnaire providing the necessary information shall be completed and
returned to the board in order for the college or university to be considered
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.
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(e) A person who is waiting to take the examination required by the
board may apply to the board for a temporary professional counselor
license to practice as a licensed professional counselor by:
(1) Paying an application fee of not more than $150; and
(2) meeting the application requirements as stated in K.S.A. 65-
5804a(b)(1), (2) and (4), and amendments thereto.
(f) (1) A temporary professional counselor 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 a temporary license.
(2) Absent extenuating circumstances approved by the board, a
temporary professional counselor license issued by the board shall expire
upon the date the board issues or denies a license to practice professional
counseling or 12 24 months after the date of issuance of the temporary
license. No temporary license will be renewed or issued again on any
subsequent application for the same license level. The preceding
provisions in no way limit the number of times an applicant may take the
examination.
(g) A person practicing professional counseling with a temporary
professional counselor 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 license," such as
licensed professional counselor by temporary license, or professional
counselor licensed by temporary license.
(h) No person may practice professional counseling under a
temporary professional counselor license except under the supervision of a
person licensed by the behavioral sciences regulatory board at the
independent level.
(i) Nothing in this section shall affect any temporary 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 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 license provided under this section at the time of issuance of
such temporary license.
Sec. 4. K.S.A. 65-5806 is hereby amended to read as follows: 65-
5806. (a) An applicant who meets the requirements for licensure pursuant
to this the professional counselors licensure act, has paid the license fee
provided for by K.S.A. 65-5808, and amendments thereto, and has
otherwise complied with the provisions of this act shall be licensed by the
board.
(b) Licenses issued pursuant to this act shall expire 24 months from
the date of issuance unless revoked prior to that time. A license may be
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renewed upon application and payment of the fee provided for by K.S.A.
65-5808, and amendments thereto. The application for renewal shall be
accompanied by evidence satisfactory to the board that the applicant has
completed during the previous 24 months the continuing education
required by rules and regulations of the board. Prior to July 1, 2025, as
part of such continuing education, a licensee shall complete not less than
six continuing education hours relating to diagnosis and treatment of
mental disorders and not less than three continuing education hours of
professional ethics. On and after July 1, 2025, as part of such continuing
education, a licensee shall complete not less than three continuing
education hours relating to diagnosis and treatment of mental disorders,
not less than three continuing education hours of professional ethics and
not less than three continuing education hours in cultural diversity.
Acceptable continuing education hours in cultural diversity shall include,
but not be limited to, professional development regarding age, disability,
ethnicity, gender, gender identity, language, national origin, race, religion,
cultural, sexual orientation and socioeconomic status.
(c) (1) A licensee who is unable to complete the required continuing
education hours for renewal may request additional time to complete any
remaining continuing education hours. Such request shall be made to the
board not later than 30 calendar days prior to the expiration of the license
and shall include:
(A) The licensee's reason for requesting additional time, showing
extenuating circumstances for why the hours could not be completed
during the license period; and
(B) a plan outlining the manner in which the licensee intends to
complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months
beyond the license expiration date to complete the required continuing
education hours.
(3) A licensee who receives additional time to complete continuing
education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report
to the board the number of continuing education hours completed on such
date;
(B) notify the board upon completing the remaining continuing
education hours; and
(C) be subject to an audit by the board of the total number of
continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time
granted under this subsection shall be credited only toward the
requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete
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continuing education requirements in consecutive license periods.
(d) A person whose license has been suspended or revoked may make
written application to the board requesting reinstatement of the license
upon termination of the period of suspension or revocation in a manner
prescribed by the board, which and such application shall be accompanied
by the fee provided for by K.S.A. 65-5808, and amendments thereto.
(e) (1) A person whose license has expired may make written
application to the board requesting reinstatement of the license in a
manner prescribed by the board, and such application shall be
accompanied by:
(A) The renewal fee established under K.S.A. 65-5808, and
amendments thereto, and, for any person whose license has been expired
for one year or less, an additional fee equal to the renewal fee; and
(B) evidence satisfactory to the board that the person has completed
during the previous 24 months the continuing education requirements for
one license period.
(2) A person requesting to reinstate a license that has been expired
for longer than one year who has not completed the necessary continuing
education hours for reinstatement may submit an application for a six-
month reinstatement temporary license in a manner prescribed by the
board, and such application shall be accompanied by the fee as provided
by K.S.A. 65-5808, and amendments thereto. A licensee practicing under a
six-month reinstatement temporary license shall complete the continuing
education requirements required for a permanent license prior to the
expiration of the temporary license and notify the board upon such
completion. A six-month reinstatement temporary license shall not be
extended or renewed.
(d)(f) Within 30 days after any change of permanent address, a
licensee shall notify the board of such change.
Sec. 5. K.S.A. 2022 Supp. 65-5807 is hereby amended to read as
follows: 65-5807. (a) The board may issue a license to an individual who
is currently registered, certified or licensed to practice professional
counseling in another jurisdiction if the board determines that:
(1) The standards for registration, certification or licensure to practice
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
compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice professional
counseling with a similar scope of practice for at least 48 of the last 54 12
months immediately preceding the application with at least the minimum
professional experience as established by rules and regulations of the
board;
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43 SB 176 10
(B) the absence of disciplinary actions of a serious nature brought by
a registration, certification or licensing board or agency; and
(C) at least a master's degree in counseling or a related field from a
regionally accredited university or college.
(b) Applicants for licensure as a clinical professional counselor shall
additionally demonstrate competence to diagnose and treat mental
disorders through meeting the requirements of either subsection (a)(1) or
(a)(2) and at least two of the following areas acceptable to the board:
(1) Either graduate coursework as established by rules and
regulations 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
mental disorders in independent practice or licensed to practice medicine
and surgery stating that the applicant is competent to diagnose and treat
mental disorders.
(c) An applicant for a license under this section shall pay an
application fee established by the board under K.S.A. 65-5808, and
amendments thereto, if required by the board. Upon notification from the
board that all eligibility requirements have been satisfied, the applicant
shall submit the license fee as provided by K.S.A. 65-5808, and
amendments thereto.
Sec. 6. K.S.A. 2022 Supp. 65-5808 is hereby amended to read as
follows: 65-5808. (a) The board may fix collect the following fees, and
any such fees shall be established by rules and regulations adopted by the
board:
(1) For application for licensure as a professional counselor, not more
than $100;
(2) for an original license as a professional counselor, not more than
$175;
(3) for a temporary license as a professional counselor, not more than
$175;
(4) for a six-month reinstatement temporary license as a professional
counselor, not more than $50;
(5) for renewal for licensure as a professional counselor, not more
than $150;
(5)(6) for application for licensure as a clinical professional
counselor, not more than $175;
(6)(7) for licensure as a clinical professional counselor, not more than
$175;
(7)(8) for renewal for licensure as a clinical professional counselor,
not more than $175;
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(9) for a six-month reinstatement temporary license as a clinical
professional counselor, not more than $50;
(8)(10) for late renewal penalty, an amount equal to the fee for
renewal of a license;
(9)(11) for reinstatement of a license, not more than $175;
(10)(12) for replacement of a license, not more than $20;
(11)(13) for a wallet card license, not more than $5; and
(12)(14) for application as a board-approved clinical supervisor, not
more than $50.
(b) Fees paid to the board are not refundable.
Sec. 7. K.S.A. 65-6302 is hereby amended to read as follows: 65-
6302. As used in this the social workers licensure act, unless the context
clearly requires otherwise, the following words and phrases shall have the
meaning ascribed to them in this section:
(a) "Board" means the behavioral sciences regulatory board created
by K.S.A. 74-7501, and amendments thereto.
(b) "Extenuating circumstances" means any condition or situation
caused by events beyond a person's control that is sufficiently extreme in
nature to result in the:
(1) Person's inability to comply with requirements; or
(2) inadvisability of requiring the person to comply with
requirements.
(c) "Psychotherapy" means the use of psychological and social
methods within a professional relationship to assist the person or persons
to achieve a better psychosocial adaptation to acquire greater human
realization of psychosocial potential and adaptation to modify internal
and external conditions that affect individuals, groups or communities in
respect to behavior, emotions and thinking and in respect to their intra-
personal and inter-personal processes. Forms of "psychotherapy" include,
but are not limited to, individual psychotherapy, conjoint marital therapy,
family therapy and group psychotherapy.
(d) "Social work practice" means the professional activity of helping
individuals, groups or communities enhance or restore their capacity for
physical, social and economic functioning and the professional application
of social work values, principles and techniques in areas such as
psychotherapy, social service administration, social planning, social work
consultation and social work research to one or more of the following
ends: Helping people obtain tangible services; counseling with individuals,
families and groups; helping communities or groups provide or improve
social and health services; and participating in relevant social action. The
practice of social work requires knowledge of human development and
behavior; of social, economic and cultural institutions and forces; and of
the interaction of all these factors. Social work practice includes the
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teaching of practicum courses in social work and includes the diagnosis
and treatment of mental disorders as authorized under K.S.A. 65-6306 and
65-6319, and amendments thereto.
(c) "Psychotherapy" means the use of psychological and social
methods within a professional relationship, to assist the person or persons
to achieve a better psychosocial adaptation to acquire greater human
realization of psychosocial potential and adaptation; to modify internal and
external conditions which affect individuals, groups or communities in
respect to behavior, emotions and thinking, in respect to their intra-
personal and inter-personal processes. Forms of psychotherapy include but
are not restricted to individual psychotherapy, conjoint marital therapy,
family therapy and group psychotherapy.
Sec. 8. 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; and
(4) paid an application fee established by the board under K.S.A. 65-
6314, and amendments thereto, and, upon notification from the board that
all eligibility requirements have been satisfied, the license fee established
by the board pursuant to K.S.A. 65-5808, and amendments thereto.
(b) (1) An applicant for a baccalaureate social work license who
received a baccalaureate degree from a social work 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) A temporary candidacy baccalaureate social work license shall
expire on the last day of the 24
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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 may 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), 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; and
(4) paid an application fee established by the board under K.S.A. 65-
6314, and amendments thereto, and, upon notification from the board that
all eligibility requirements have been satisfied, paid the license fee
established under K.S.A. 65-5808, and amendments thereto.
(d) (1) An applicant for a master social work license who received a
master's degree from a social work 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
satisfied.
(2) 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
the specialty in which such applicant seeks to be licensed;
(3) passed an examination approved by the board for this purpose;
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and
(4) satisfied the board that the applicant is a person who merits the
public trust; and
(5) upon notification from the board that all eligibility requirements
have been satisfied, paid the license fee established under K.S.A. 65-6314,
and amendments thereto.
(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
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requirements under subparagraphs (B), (C) and (D), has completed the
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
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about a social work program of a college or university. In entering such
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. 9. K.S.A. 2022 Supp. 65-6309 is hereby amended to read as
follows: 65-6309. (a) An applicant shall be exempted from the requirement
for any examination provided for herein, if the applicant has taken and
passed an examination similar to that for which exemption is sought, as
determined by the board.
(b) Upon application, the board shall issue a temporary licenses
bachelor's social work license or a temporary master's social work license
to persons who have submitted documentation and met all qualifications
for licensure under provisions of this act, except passage of the required
examination, and who have paid the required fee.
(c) Absent extenuating circumstances approved by the board, a
temporary bachelor's social work license or a temporary master's social
work license issued by the board shall expire upon the date the board
issues or denies a license to practice social work or 12 24 months after the
date of issuance of the temporary license. No temporary bachelor's social
work license or temporary master's social work license will be renewed or
issued again on any subsequent applications for the same license level. The
preceding provisions in no way limit the number of times an applicant may
take the examination.
(d) No person may shall work under a temporary bachelor's social
work license or a temporary master's social work license except under the
supervision of a licensed social worker.
(e) Nothing in this section shall affect any temporary 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 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 license
as provided under this section at the time of issuance of such temporary
license.
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(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.
(g) A person practicing social work with a temporary license may not
use the title "licensed baccalaureate social worker" or "licensed master
social worker" or use the initials "LBSW" or "LMSW," independently. The
word "licensed" may be used only when followed by the words "by
temporary license."
Sec. 10. K.S.A. 65-6313 is hereby amended to read as follows: 65-
6313. (a) All licenses issued shall be effective upon the date issued and
shall expire at the end of 24 months from the date of issuance.
(b) (1) Except as otherwise provided in K.S.A. 65-6311, and
amendments thereto, a license may be renewed by the payment of the
renewal fee set forth in K.S.A. 65-6314, and amendments thereto, and the
execution and submission of a signed statement, on a form to be provided
by the board, attesting that the applicant's license has been neither revoked
nor currently suspended and that applicant has met the requirements for
continuing education established by the board including not less than three
continuing education hours of professional ethics.
(2) On and after July 1, 2025, an applicant for renewal of a license,
as part of such continuing education, shall complete not less than three
continuing education hours in cultural diversity. Acceptable continuing
education hours in cultural diversity shall include, but not be limited to,
professional development regarding age, disability, ethnicity, gender,
gender identity, language, national origin, race, religion, cultural, sexual
orientation and socioeconomic status.
(3) Prior to July 1, 2025, an applicant for renewal of a license as a
master social worker or a specialist clinical social worker, as part of such
continuing education, shall complete not less than six continuing education
hours relating to diagnosis and treatment of mental disorders. On and after
July 1, 2025, such applicant shall complete not less than three continuing
education hours relating to diagnosis and treatment of mental disorders.
(3)(4) An applicant for first time licensure renewal as a baccalaureate
social worker, master social worker or specialist clinical social worker, as
part of such continuing education, shall complete not less than six hours of
social worker safety awareness training. If the applicant for first time
licensure renewal has already taken such training, as part of a previous
level of social work licensure renewal, then the applicant is not required to
complete an additional six hours of social worker safety training.
(c) The application for renewal shall be made on or before the date of
the expiration of the license or on or before the date of the termination of
the period of suspension.
(d) If the application for renewal, including payment of the required
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renewal fee, is not made on or before the date of the expiration of the
license, the license is void, and no license shall be reinstated except upon
payment of the required renewal fee established under K.S.A. 65-6314,
and amendments thereto, plus a penalty equal to the renewal fee, and proof
satisfactory to the board of the completion of 40 hours of continuing
education within two years prior to application for reinstatement. Upon
receipt of such payment and proof, the board shall reinstate the license. A
license shall be reinstated under this subsection, upon receipt of such
payment and proof, at any time after the expiration of such license. (1) A
licensee who is unable to complete the required continuing education
hours for renewal may request additional time to complete any remaining
continuing education hours. Such request shall be made to the board not
later than 30 calendar days prior to the expiration of the license and shall
include:
(A) The licensee's reason for requesting additional time, showing
extenuating circumstances for why the hours could not be completed
during the license period; and
(B) a plan outlining the manner in which the licensee intends to
complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months
beyond the license expiration date to complete the required continuing
education hours.
(3) A licensee who receives additional time to complete continuing
education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report
to the board the number of continuing education hours completed on such
date;
(B) notify the board upon completing the remaining continuing
education hours; and
(C) be subject to an audit by the board of the total number of
continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time
granted under this subsection shall be credited only toward the
requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete
continuing education requirements in consecutive license periods.
(e) (1) A person whose license has expired may make written
application to the board requesting reinstatement of the license in a
manner prescribed by the board, and such application shall be
accompanied by:
(A) The renewal fee established under K.S.A. 65-6314, and
amendments thereto, and, for any person whose license has been expired
for one year or less, an additional fee equal to the renewal fee; and
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(B) evidence satisfactory to the board that the person has completed
during the previous 24 months the continuing education requirements for
one license period.
(2) A person requesting to reinstate a license that has been expired
for longer than one year who has not completed the necessary continuing
education hours for reinstatement may submit an application for a six-
month reinstatement temporary license in a manner prescribed by the
board, and such application shall be accompanied by the fee established
under K.S.A. 65-6314, and amendments thereto. A licensee practicing
under a six-month reinstatement temporary license shall complete the
continuing education requirements required for a permanent license prior
to the expiration of the temporary license and notify the board upon such
completion. A six-month reinstatement temporary license shall not be
extended or renewed.
(e)(f) In case of a lost or destroyed license, and upon satisfactory
proof of the loss or destruction thereof, the board may issue a duplicate
license and shall charge a fee as set forth in K.S.A. 65-6314, and
amendments thereto, for such duplicate license.
(f)(g) Within 30 days after any change of permanent address, a
licensee shall notify the board of such change.
Sec. 11. 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 shall be not more
than $75.
(9) Six-month reinstatement temporary license fee for a
baccalaureate social worker, master social worker or a social work
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specialty shall be not more than $50.
(10) 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.
(11) Application for approval as a board-approved clinical
supervisor shall be not more than $50.
(b) Fees paid to the board are not refundable.
Sec. 12. K.S.A. 2022 Supp. 65-6322 is hereby amended to read as
follows: 65-6322. (a) The board may issue a license to an individual who
is currently registered, certified or licensed to practice social work in
another jurisdiction, if the board determines that:
(1) The standards for registration, certification or licensure to practice
social work at the baccalaureate level in another jurisdiction are
substantially the equivalent of the requirements in the social workers
licensure act and rules and regulations of the board for licensure as a
baccalaureate social worker; or
(2) the applicant demonstrates compliance on forms set by the board,
with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice social work at
the baccalaureate level with a similar scope of practice for at least 48 of
the last 54 12 months immediately preceding the application, 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) completion of a baccalaureate degree in social work from a
regionally accredited university.
(b) The board may issue a license to an individual who is currently
registered, certified or licensed to practice social work in another
jurisdiction, if the board determines that:
(1) The standards for registration, certification or licensure to practice
social work at the master's level in another jurisdiction are substantially the
equivalent of the requirements in the social workers licensure act and rules
and regulations of the board for licensure as a master social worker; or
(2) the applicant demonstrates compliance on forms set by the board,
with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice social work at
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the master level with a similar scope of practice for at least 48 of the last
54 12 months immediately preceding the application 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) completion of a master's degree in social work from a regionally
accredited university.
(c) Applicants for licensure as a specialist clinical social worker shall
demonstrate:
(1) That the applicant meets the requirements of subsection (b);
(2) that the applicant is currently licensed to practice social work at
the clinical level in another state; and
(3) competence to diagnose and treat mental disorders by meeting at
least two of the following areas acceptable to the board:
(A) Passing a national clinical examination approved by the board;
(B) three years of clinical practice with demonstrated experience in
diagnosing or treating mental disorders; or
(C) attestation from a professional licensed to diagnose and treat
mental disorders in independent practice or licensed to practice medicine
and surgery, stating that the applicant is competent to diagnose and treat
mental disorders.
(d) 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, if required by the board. Upon notification from the
board that all eligibility requirements have been satisfied, the applicant
shall submit the license fee as provided in K.S.A. 65-6411, and
amendments thereto.
Sec. 13. K.S.A. 65-6402 is hereby amended to read as follows: 65-
6402. As used in the marriage and family therapists licensure act:
(a) "Board" means the behavioral sciences regulatory board created
under K.S.A. 74-7501 and amendments thereto.
(b) "Marriage and family therapy" means the assessment and
treatment of cognitive, affective or behavioral problems within the context
of marital and family systems and includes the diagnosis and treatment of
mental disorders as authorized under the marriage and family therapists
licensure act.
(c) "Licensed marriage and family therapist" means a person who
engages in the practice of marriage and family therapy and who is licensed
under this act except that on and after January 1, 2002, such person shall
engage in the practice of marriage and family therapy only under the
direction of a licensed clinical marriage and family therapist, a licensed
psychologist, a person licensed to practice medicine and surgery or a
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person licensed to provide mental health services as an independent
practitioner and whose licensure allows for the diagnosis and treatment of
mental disorders "Extenuating circumstances" means any condition or
situation caused by events beyond an individual's control that is
sufficiently extreme in nature to result in the:
(1) Individual's inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with
requirements.
(d)(c) "Licensed clinical marriage and family therapist" means a
person who engages in the independent practice of marriage and family
therapy including the diagnosis and treatment 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 and is licensed under this act.
(d) "Licensed marriage and family therapist" means a person who
engages in the practice of marriage and family therapy, is licensed under
this act and engages in the practice of marriage and family therapy only
under the direction of a licensed clinical marriage and family therapist, a
licensed psychologist, a person licensed to practice medicine and surgery
or a person licensed to provide mental health services as an independent
practitioner and whose licensure allows for the diagnosis and treatment of
mental disorders.
(e) "Marriage and family therapy" means the assessment and
treatment of cognitive, affective or behavioral problems within the context
of marital and family systems and includes the diagnosis and treatment of
mental disorders as authorized under the marriage and family therapists
licensure act.
Sec. 14. K.S.A. 2022 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 has:
(1) Attained 21 years of age;
(2) (A) completed a master's or doctoral degree from a marriage and
family therapy program, in an educational institution with standards
approved by the board; (B) has completed a master's or doctoral degree
from an educational institution in a related field for which the course work
is considered by the board to be equivalent to that provided in
subparagraph (A) and consists of a minimum of nine semester hours in
human 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 and has completed an academically supervised
practicum in the master's degree program with at least 300 hours of direct
client contact or a combined 300 hours of direct client contact and
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additional postgraduate supervised experience; 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 subparagraph (B);
(3) passed an examination approved by the board;
(4) satisfied the board that the applicant is a person who merits the
public trust; and
(5) paid the application 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
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 marriage and family
therapist 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
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 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 350 300 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
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, except that the board may
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waive
1
/2 of the hours required by this subparagraph for an individual who
has a doctor's degree in marriage and family therapy or a related field
acceptable to the board and who completes the required
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/2 of the hours in
not less than one year of supervised professional experience;
(E) for persons who earned a degree under subsection (a) 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 marriage and family therapist 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 marriage and family therapist 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 education and training requirements for licensure as a
marriage and family therapist 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 set 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) 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 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
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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 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 marriage and family therapist 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 marriage and family
therapist 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 marriage and
family therapist, licensed psychologist, person licensed to practice
medicine 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. 15. K.S.A. 2022 Supp. 65-6405 is hereby amended to read as
follows: 65-6405. (a) A person who is waiting to take the examination
required by the board may apply to the board for a temporary marriage
and family therapy license to practice as a licensed marriage and family
therapist by:
(1) Paying an application a temporary license fee as established by
the board under K.S.A. 65-6411, and amendments thereto; and
(2) meeting the application requirements as stated in K.S.A. 65-
6404(a)(1), (a)(2) and, (a)(4) and (a)(5), and amendments thereto.
(b) A person who is waiting to take the license examination required
by the board, and who has not completed a practicum including 300 hours
of direct client contact but has been approved by the board to complete
other postgraduate experience totaling 300 hours, may apply to the board
for a temporary marriage and family therapy license to practice as a
licensed marriage and family therapist by:
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(1) Paying a temporary license fee established by the board under
K.S.A. 65-6411, and amendments thereto; and
(2) meeting the application requirements as stated in K.S.A. 65-
6404(a)(1), (a)(2), (a)(4) and (a)(5), and amendments thereto, and, except
for the requirement to complete a practicum or other postgraduate
experience, the requirements of K.S.A. 65-6404(a)(2), and amendments
thereto.
(c) (1) A temporary marriage and family therapy 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 as established
by the board under K.S.A. 65-6411, and amendments thereto.
(2) Absent extenuating circumstances approved by the board, a
temporary license issued by the board shall expire upon the date the board
issues or denies the person a license to practice marriage and family
therapy or 12 24 months after the date of issuance of the temporary
license.
(3) No temporary license shall be renewed or issued again on any
subsequent application for the same license level. The preceding provision
in no way limits the number of times an applicant may take the
examination.
(c)(d) A person practicing marriage and family therapy with a
temporary marriage and family therapy license may not use the title
"licensed marriage and family therapist" or the initials "LMFT"
independently. The word "licensed" may be used only when followed by
the words "by temporary license."
(d)(e) No person may practice marriage and family therapy under a
temporary marriage and family therapy license except under the
supervision of a person licensed by the behavioral sciences regulatory
board at the independent level.
(e)(f) Nothing in this section shall affect any temporary 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 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 license
as provided under this section at the time of issuance of such temporary
license.
Sec. 16. K.S.A. 2022 Supp. 65-6406 is hereby amended to read as
follows: 65-6406. (a) The board 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 practice
marriage and family therapy in the other jurisdiction are substantially the
equivalent of the requirements of the marriage and family therapists
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licensure act and rules and regulations of the board; or
(2) the applicant demonstrates on forms provided by the board
compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice marriage and
family therapy with a similar scope of practice for at least 48 of the last 54
12 months immediately preceding the application 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) completion of at least a master's degree in marriage and family
therapy or a related field as approved by the board 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 subsection (a)(1) or
(a)(2) and at least two of the following areas acceptable to the board:
(1) Either graduate coursework as established by rules and
regulations 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
mental disorders in independent practice or licensed to practice medicine
and surgery stating that the applicant is competent to diagnose and treat
mental disorders.
(c) 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, if required by the board. Upon notification from the
board that all eligibility requirements have been satisfied, the applicant
shall pay the license fee as provided in K.S.A. 65-6411, and amendments
thereto.
Sec. 17. K.S.A. 65-6407 is hereby amended to read as follows: 65-
6407. (a) An applicant who meets the requirements for licensure pursuant
to this act, has paid the license fee provided for by K.S.A. 65-6411, and
amendments thereto, and has otherwise complied with the provisions of
this act shall be licensed by the board.
(b) Licenses issued pursuant to this act shall expire 24 months from
the date of issuance unless revoked prior to that time. A license may be
renewed upon application and payment of the fee provided for by K.S.A.
65-6411, and amendments thereto. The application for renewal shall be
accompanied by evidence satisfactory to the board that the applicant has
completed during the previous 24 months the continuing education
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required by rules and regulations of the board. Prior to July 1, 2025, as
part of such continuing education, the applicant shall complete not less
than six continuing education hours relating to diagnosis and treatment of
mental disorders and not less than three continuing education hours of
professional ethics. On and after July 1, 2025, as part of such continuing
education, a licensee shall complete not less than three continuing
education hours relating to diagnosis and treatment of mental disorders,
not less than three continuing education hours of professional ethics and
not less than three continuing education hours in cultural diversity.
Acceptable continuing education hours in cultural diversity shall include,
but not be limited to, professional development regarding age, disability,
ethnicity, gender, gender identity, language, national origin, race, religion,
cultural, sexual orientation and socioeconomic status.
(c) (1) A licensee who is unable to complete the required continuing
education hours for renewal may request additional time to complete any
remaining continuing education hours. Such request shall be made to the
board not later than 30 calendar days prior to the expiration of the license
and shall include:
(A) The licensee's reason for requesting additional time, showing
extenuating circumstances for why the hours could not be completed
during the license period; and
(B) a plan outlining the manner in which the licensee intends to
complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months
beyond the license expiration date to complete the required continuing
education hours.
(3) A licensee who receives additional time to complete continuing
education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report
to the board the number of continuing education hours completed on such
date;
(B) notify the board upon completing the remaining continuing
education hours; and
(C) be subject to an audit by the board of the total number of
continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time
granted under this subsection shall be credited only toward the
requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete
continuing education requirements in consecutive license periods.
(d) A person whose license has been suspended or revoked may make
written application to the board requesting reinstatement of the license
upon termination of the period of suspension or revocation in a manner
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prescribed by the board, which application shall be accompanied by the
fee provided for by K.S.A. 65-6411, and amendments thereto.
(e) (1) A person whose license has expired may make written
application to the board requesting reinstatement of the license in a
manner prescribed by the board, and such application shall be
accompanied by:
(A) The renewal fee established under K.S.A. 65-6411, and
amendments thereto, and, for any person whose license has been expired
for one year or less, an additional fee equal to the renewal fee; and
(B) evidence satisfactory to the board that the person has completed
during the previous 24 months the continuing education requirements for
one license period.
(2) A person requesting to reinstate a license that has been expired
for longer than one year who has not completed the necessary continuing
education hours for reinstatement may submit an application for a six-
month reinstatement temporary license in a manner prescribed by the
board, and such application shall be accompanied by the fee established
under K.S.A. 65-6411, and amendments thereto. A licensee practicing
under a six-month reinstatement temporary license shall complete the
continuing education requirements required for a permanent license prior
to the expiration of the temporary license and notify the board upon such
completion. A six-month reinstatement temporary license shall not be
extended or renewed.
(d)(f) Within 30 days after any change of permanent address, a
licensee shall notify the board of such change.
Sec. 18. K.S.A. 2022 Supp. 65-6411 is hereby amended to read as
follows: 65-6411. (a) The board may fix collect the following fees, and
any such fees shall be established by rules and regulations adopted by the
board:
(1) For application for licensure as a marriage and family therapist,
not to exceed $150;
(2) for temporary licensure as a marriage and family therapist, not to
exceed $175;
(3) for original licensure as a marriage and family therapist, not to
exceed $175;
(4) for renewal for licensure as a marriage and family therapist, not to
exceed $175;
(5) for a six-month reinstatement temporary license as a marriage
and family therapist, not to exceed $50;
(6) for application for licensure as a clinical marriage and family
therapist, not to exceed $175;
(6)(7) for original licensure as a clinical marriage and family
therapist, not to exceed $175;
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(7)(8) for renewal for licensure as a clinical marriage and family
therapist, not to exceed $175;
(9) for a six-month reinstatement temporary license as a clinical
marriage and family therapist, not more than $50;
(8)(10) for reinstatement of a license, not to exceed $175;
(9)(11) for replacement of a license, not to exceed $20;
(10)(12) for renewal penalty, an amount equal to the renewal of
license;
(11)(13) for a wallet card license, not to exceed $5; and
(12)(14) for application for approval as a board-approved clinical
supervisor, not to exceed $50.
(b) Fees paid to the board are not refundable.
Sec. 19. K.S.A. 65-6608 is hereby amended to read as follows: 65-
6608. As used in the addiction counselor licensure act:
(a) "Board" means the behavioral sciences regulatory board created
under K.S.A. 74-7501, and amendments thereto.
(b) "Addiction counseling" means the utilization of special skills to
assist persons with addictions, and to assist such persons' families and
friends to achieve resolution of addiction through the exploration of the
disease and its ramifications, the examination of attitudes and feelings, the
consideration of alternative solutions and decision making, as these relate
specifically to addiction. Evaluation and assessment, treatment including
treatment plan development, crisis intervention, referral, record keeping
and clinical consultation specifically related to addiction are within the
scope of addiction counseling. Additionally, at the clinical level of
licensure, addiction counseling includes independent practice and the
diagnosis and treatment of substance use disorders.
(b) "Board" means the behavioral sciences regulatory board created
under K.S.A. 74-7501, and amendments thereto.
(c) "Extenuating circumstances" means any condition or situation
caused by events beyond an individual's control that is sufficiently extreme
in nature to result in the:
(1) Individual's inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with
requirements.
(d) "Licensed addiction counselor" means a person who engages in
the practice of addiction counseling limited to substance use disorders and
who is licensed under this act. Such person shall engage in the practice of
addiction counseling in a state-licensed or certified alcohol and other drug
treatment program or in completing a Kansas domestic violence offender
assessment for participants in a certified batterer intervention program
pursuant to K.S.A. 75-7d01 through 75-7d13, and amendments thereto,
unless otherwise exempt from licensure under K.S.A. 59-29b46(n), and
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amendments thereto.
(d) "Licensed master's addiction counselor" means a person who
engages in the practice of addiction counseling limited to substance use
disorders and who is licensed under this act. Such person may diagnose
substance use disorders only under the direction of a licensed clinical
addiction counselor, a licensed psychologist, a person licensed to practice
medicine and surgery or a person licensed to provide mental health
services as an independent practitioner and whose licensure allows for the
diagnosis and treatment of substance abuse disorders or mental disorders.
(e) "Licensed clinical addiction counselor" means a person who
engages in the independent practice of addiction counseling and diagnosis
and treatment of substance use disorders specified in the edition of the
American psychiatric association's diagnostic and statistical manual of
mental disorders (DSM) designated by the board by rules and regulations
and is licensed under this act.
(f) "Licensed master's addiction counselor" means a person who
engages in the practice of addiction counseling limited to substance use
disorders and who is licensed under the addiction counselor licensure act.
Such person may diagnose substance use disorders only under the
direction of a licensed clinical addiction counselor, a licensed
psychologist, a person licensed to practice medicine and surgery or a
person licensed to provide mental health services as an independent
practitioner and whose licensure allows for the diagnosis and treatment of
substance abuse disorders or mental disorders.
Sec. 20. K.S.A. 2022 Supp. 65-6610 is hereby amended to read as
follows: 65-6610. (a) An applicant for licensure as an addiction counselor
shall furnish evidence that the applicant:
(1) Has attained 21 years of age;
(2) (A) has completed at least a baccalaureate degree from an
addiction counseling program that is part of a college or university
approved by the board;
(B) has completed at least a baccalaureate degree from a college or
university approved by the board. As part of, or in addition to, the
baccalaureate degree coursework, such applicant shall also complete a
minimum number of semester hours of coursework on substance use
disorders as approved by the board;
(C) is currently licensed in Kansas as a licensed baccalaureate social
worker and has completed a minimum number of semester hours of
coursework on substance use disorders as approved by the board; or
(D) is currently licensed in Kansas by the board as a master social
worker, specialist clinical social worker, professional counselor, clinical
professional counselor, marriage and family therapist, clinical marriage
and family therapist, master's level psychologist, clinical psychotherapist
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or psychologist. Such licensees shall be eligible to take the examination as
required by paragraph (3);
(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) has paid the application fee established by the board under K.S.A.
65-6618, and amendments thereto, and, upon notification from the board
that all eligibility requirements have been satisfied, paid the license fee
established under K.S.A. 65-6618, and amendments thereto.
(b) Applications for licensure as a master's addiction 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:
(1) (A) Has attained 21 years of age;
(B) (i) has completed at least a master's degree from an addiction
counseling program that is part of a college or university approved by the
board;
(ii) has completed at least a master's degree from a college or
university approved by the board. As part of or in addition to the master's
degree coursework, such applicant shall also complete a minimum number
of semester hours of coursework supporting the diagnosis and treatment of
substance use disorders as approved by the board; or
(iii) is currently licensed in Kansas as a licensed master social
worker, licensed professional counselor, licensed marriage and family
therapist or licensed master's level psychologist;
(C) has passed an examination approved by the board;
(D) has satisfied the board that the applicant is a person who merits
the public trust; and
(E) has paid the application fee fixed set under K.S.A. 65-6618, and
amendments thereto, and, upon notification from the board that all
eligibility requirements have been satisfied, paid the license fee as
provided by K.S.A. 65-6618, and amendments thereto; or
(2) (A) has met the following requirements on or before July 1, 2016:
(i) Holds an active license by the board as an addiction counselor; and
(ii) has completed at least a master's degree in a related field from a
college or university approved by the board; and
(B) has completed six hours of continuing education in the diagnosis
and treatment of substance use disorders during the three years
immediately preceding the application date.
(c) Applications for licensure as a clinical addiction 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:
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(1) Has attained 21 years of age;
(2) (A) (i) has completed at least a master's degree from an addiction
counseling program that is part of a college or university approved by the
board; and
(ii) has completed 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 substance abuse assessments and treatment 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 substance use disorders with use of the
diagnostic and statistical manual of mental disorders of the American
psychiatric association, except that the board may waive
1
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required by this clause for an individual who has a doctoral degree in
addiction counseling or a related field approved by the board and who
completes the required
1
/2 of the hours in not less than one year of
supervised professional experience; or
(B) (i) has completed at least a master's degree from a college or
university approved by the board. As part of or in addition to the master's
degree coursework, such applicant shall also complete a minimum number
of semester hours of coursework supporting the diagnosis and treatment of
substance use disorders as approved by the board; and
(ii) has completed 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 substance abuse assessments and treatment 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 substance use disorders with use of the
diagnostic and statistical manual of mental disorders of the American
psychiatric association, except that the board may waive
1
/2 of the hours
required by this clause for an individual who has a doctoral degree in
addiction counseling or a related field approved by the board and who
completes the required
1
/2 of the hours in not less than one year of
supervised professional experience; or
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(C) (i) has completed a master's degree from a college or university
approved by the board and is licensed by the board as a licensed master's
addiction counselor; and
(ii) has completed 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 substance abuse assessments and treatment 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 substance use disorders with use of the
diagnostic and statistical manual of mental disorders of the American
psychiatric association, except that the board may waive
1
/2 of the hours
required by this clause for an individual who has a doctoral degree in
addiction counseling or a related field approved by the board and who
completes the required
1
/2 of the hours in not less than one year of
supervised professional experience; or
(D) is currently licensed in Kansas as a licensed psychologist,
licensed specialist clinical social worker, licensed clinical professional
counselor, licensed clinical psychotherapist or licensed clinical marriage
and family therapist and provides to the board an attestation from a
professional licensed to diagnose and treat mental disorders, or substance
use disorders, or both, in independent practice or licensed to practice
medicine and surgery stating that the applicant is competent to diagnose
and treat substance use disorders;
(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) has paid the application fee fixed set under K.S.A. 65-6618, and
amendments thereto, and, upon notification from the board that all
eligibility requirements have been satisfied, paid the license fee
established under K.S.A. 65-6618, and amendments thereto.
Sec. 21. K.S.A. 2022 Supp. 65-6611 is hereby amended to read as
follows: 65-6611. (a) A person who is waiting to take the examination for
licensure as an addiction counselor may apply to the board for a temporary
addiction counselor license to practice as a licensed addiction counselor
by:
(1) Paying a fee for a temporary license fixed set under K.S.A. 65-
6618, and amendments thereto; and
(2) meeting the application requirements as stated in K.S.A. 65-
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6610(a)(1), (a)(2), (a)(4) and (a)(5), and amendments thereto.
(b) A person who is waiting to take the examination for licensure as a
master's addiction counselor may apply to the board for a temporary
master's addiction counselor license to practice as a licensed master's
addiction counselor by:
(1) Paying a fee for a temporary license fixed set under K.S.A. 65-
6618, and amendments thereto; and
(2) meeting the application requirements as stated in K.S.A. 65-
6610(b)(1)(A), (b)(1)(B), (b)(1)(D) and (b)(1)(E), and amendments
thereto.
(c) (1) A temporary addiction counselor license or temporary
master's addiction counselor 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) Absent extenuating circumstances approved by the board, a
temporary addiction counselor license or a temporary master's addiction
counselor license issued by the board shall expire upon the date the board
issues or denies the person a license to practice addiction counseling or 12
24 months after the date of issuance of the temporary addiction counselor
license or temporary master's addiction counselor license.
(3) No temporary addiction counselor license or temporary master's
addiction counselor license will be renewed or issued again on any
subsequent application for the same license level. The preceding provision
in no way limits the number of times an applicant may take the
examination.
(d) A person practicing addiction counseling with a temporary
addiction counselor license or a temporary master's addiction counselor
license may not use the title "licensed addiction counselor" or "licensed
master's addiction counselor" or use the initials "LAC" or "LMAC"
independently. The word "licensed" may be used only when followed by
the words "by temporary license."
(e) No person may practice addiction counseling under a temporary
addiction counselor license or a temporary master's addiction counselor
license except in a licensed or certified alcohol and other drug abuse
program, under the direction of a person licensed by the behavioral
sciences regulatory board at the clinical level or a person licensed to
practice medicine and surgery.
(f) Nothing in this section shall affect any temporary 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 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 license
as provided under this section at the time of issuance of such license.
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(g) A person may apply to the board for a student temporary
addiction counselor license to practice as a student temporary addiction
counselor, on a form and in the manner prescribed by the board, by:
(1) Providing documentation of completing at least 60 credit hours
from an institution of higher education with an emphasis in addiction
counseling or a related field, as defined by the board in rules and
regulations;
(2) providing a signed attestation indicating the applicant's intention
to pursue licensure as a licensed addiction counselor with a plan to
complete the education requirements toward a licensed addiction
counseling license within 48 months;
(3) providing an education plan, signed by an official of the
institution of higher education, including steps to obtain coursework
necessary to receive an addiction counselor license;
(4) providing a signed attestation from a prospective employer who
intends to offer employment when the applicant receives the student
temporary addiction counselor license;
(5) submitting a supervision plan signed by a person who is
employed by the prospective employer and who would be providing
supervision to the applicant under K.S.A. 65-6611(i), and amendments
thereto. Such supervision plan shall include not less than 4 hours of
supervision per month and not fewer than 2 supervision meetings per
month. A maximum of 2 hours per month may be in group supervision;
(6) satisfying the board that the applicant is a person who merits the
public trust;
(7) attaining 20 years of age; and
(8) paying a fee for a student temporary addiction counselor license
established under K.S.A. 65-6618, and amendments thereto.
(h) A student temporary addiction counselor license issued by the
board shall expire upon the date the board issues the person a permanent
license to practice addiction counseling or 24 months after the date of
issuance of the student temporary addiction counselor license. A student
temporary addiction counselor license may be renewed for one additional
24-month period by demonstrating:
(1) Evidence of the person's compliance with the education plan,
including completion of coursework and remaining in good standing with
the institution of higher education;
(2) changes or updates to the education plan signed by a
representative of the institution of higher education;
(3) evidence of supervision logs signed by the supervisor and student
for the periods of supervision; and
(4) paying a fee for renewal of a student temporary addiction
counselor license established under K.S.A. 65-6618, and amendments
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thereto.
(i) No person may practice addiction counseling under a student
temporary addiction counselor license except in a licensed or certified
alcohol and other drug abuse program, a certified community behavioral
health clinic or a community mental health center, supervised by a person
licensed by the behavioral sciences regulatory board as an addiction
counselor, master's addiction counselor or clinical addiction counselor or
other individual licensed by the behavioral sciences regulatory board
holding a license as a master's social worker, specialist clinical social
worker, professional counselor, clinical professional counselor, marriage
and family therapist, clinical marriage and family therapist, master's level
psychologist, clinical psychotherapist or psychologist.
Sec. 22. K.S.A. 2022 Supp. 65-6613 is hereby amended to read as
follows: 65-6613. (a) The board may issue a license to an individual who
is currently registered, certified or licensed to practice addiction
counseling in another jurisdiction if the board determines that:
(1) The standards for registration, certification or licensure to practice
addiction counseling in the other jurisdiction are substantially the
equivalent of the requirements of the addiction counselor licensure act and
rules and regulations of the board; or
(2) the applicant demonstrates on forms provided by the board
compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice as an addiction
counselor with a similar scope of practice for at least 48 of the last 54 12
months immediately preceding the application 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) completion of at least a baccalaureate degree from a college or
university approved by the board.
(b) The board may issue a license to an individual who is currently
registered, certified or licensed to practice addiction counseling at the
master's level in another jurisdiction if the board determines that:
(1) (A) The standards for registration, certification or licensure to
practice addiction counseling at the master's level in the other jurisdiction
are substantially the equivalent of the requirements of the addiction
counselor licensure act and rules and regulations of the board; and
(B) completion of at least a master's degree from a college or
university approved by the board; or
(2) the applicant demonstrates on forms provided by the board
compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice addiction
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counseling at the master's level with a similar scope of practice for at least
48 of the last 54 12 months immediately preceding the application 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) completion of at least a master's degree from a college or
university approved by the board.
(c) The board may issue a license to an individual who is currently
registered, certified or licensed to practice addiction counseling at the
clinical level in another jurisdiction if the board determines that:
(1) (A) The standards for registration, certification or licensure to
practice addiction counseling at the clinical level in the other jurisdiction
are substantially the equivalent of the requirements of the addiction
counselor licensure act and rules and regulations of the board; and
(B) the applicant demonstrates completion of at least a master's
degree from a college or university approved by the board; or
(2) the applicant demonstrates on forms provided by the board
compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice addiction
counseling at the clinical level with a similar scope of practice for at least
48 of the last 54 12 months immediately preceding the application 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;
(C) completion of at least a master's degree from a college or
university approved by the board; and
(D) at least two of the following areas acceptable to the board:
(i) Either coursework as established by rules and regulations of the
board or passing a national clinical examination approved by the board;
(ii) three years of clinical practice with demonstrated experience
supporting diagnosing or treating substance use disorders; or
(iii) attestation from a professional licensed to diagnose and treat
mental disorders, or substance use disorders, or both, in independent
practice or licensed to practice medicine and surgery, stating that the
applicant is competent to diagnose and treat substance use disorders.
(d) An applicant for a license under this section shall pay an
application fee established by the board under K.S.A. 65-6618, and
amendments thereto, if required by the board. Upon notification from the
board that all eligibility requirements have been satisfied, the applicant
shall submit the license fee as provided in K.S.A. 65-6618, and
amendments thereto.
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Sec. 23. K.S.A. 65-6614 is hereby amended to read as follows: 65-
6614. (a) An applicant who meets the requirements for licensure pursuant
to this act, has paid the license fee provided for by K.S.A. 65-6618, and
amendments thereto, and has otherwise complied with the provisions of
this act shall be licensed by the board.
(b) Licenses issued pursuant to this act shall expire 24 months from
the date of issuance unless revoked prior to that time. A license may be
renewed upon application and payment of the fee provided for by K.S.A.
65-6618, and amendments thereto. The application for renewal shall be
accompanied by evidence satisfactory to the board that the applicant has
completed during the previous 24 months the continuing education
required by rules and regulations of the board, including not less than three
hours in ethics. In addition Prior to July 1, 2025, as part of such
continuing education, the master's addiction counselor applicant and the
clinical addiction counselor applicant shall complete not less than six
continuing education hours relating to diagnosis and treatment of
substance use disorders. On and after July 1, 2025, as part of such
continuing education:
(1) A master's addiction counselor applicant or clinical addiction
counselor applicant shall complete not less than three continuing
education hours relating to diagnosis and treatment of mental disorders;
and
(2) a licensed addiction counselor applicant, master's addiction
counselor applicant or clinical addiction counselor applicant shall
complete not less than three continuing education hours in cultural
diversity. Acceptable continuing education hours in cultural diversity shall
include, but not be limited to, professional development regarding age,
disability, ethnicity, gender, gender identity, language, national origin,
race, religion, cultural, sexual orientation and socioeconomic status.
(c) (1) A licensee who is unable to complete the required continuing
education hours for renewal may request additional time to complete any
remaining continuing education hours. Such request shall be made to the
board not later than 30 calendar days prior to the expiration of the license
and shall include:
(A) The licensee's reason for requesting additional time, showing
extenuating circumstances for why the hours could not be completed
during the license period; and
(B) a plan outlining the manner in which the licensee intends to
complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months
beyond the license expiration date to complete the required continuing
education hours.
(3) A licensee who receives additional time to complete continuing
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education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report
to the board the number of continuing education hours completed on such
date;
(B) notify the board upon completing the remaining continuing
education hours; and
(C) be subject to an audit by the board of the total number of
continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time
granted under this subsection shall be credited only toward the
requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete
continuing education requirements in consecutive license periods.
(d) A person whose license has been suspended or revoked may make
written application to the board requesting reinstatement of the license
upon termination of the period of suspension or revocation in a manner
prescribed by the board, which application shall be accompanied by the
fee provided for by K.S.A. 65-6618, and amendments thereto.
(e) (1) A person whose license has expired may make written
application to the board requesting reinstatement of the license in a
manner prescribed by the board, and such application shall be
accompanied by:
(A) The renewal fee established under K.S.A. 65-6618, and
amendments thereto, and, for any person whose license has been expired
for one year or less, an additional fee equal to the renewal fee; and
(B) evidence satisfactory to the board that the person has completed
during the previous 24 months the continuing education requirements for
one license period.
(2) A person requesting to reinstate a license that has been expired
for longer than one year who has not completed the necessary continuing
education hours for reinstatement may submit an application for a six-
month reinstatement temporary license in a manner prescribed by the
board, and such application shall be accompanied by the fee established
under K.S.A. 65-6618, and amendments thereto. A licensee practicing
under a six-month reinstatement temporary license shall complete the
continuing education requirements required for a permanent license prior
to the expiration of the temporary license and notify the board upon such
completion. A six-month reinstatement temporary license shall not be
extended or renewed.
(d)(f) Within 30 days after any change of permanent address, a
licensee shall notify the board of such change.
Sec. 24. K.S.A. 65-6618 is hereby amended to read as follows: 65-
6618. (a) The board may fix collect the following fees, and any such fees
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shall be established by rules and regulations adopted by the board:
(1) For application for licensure as an addiction counselor, not to
exceed $150;
(2) for original licensure as an addiction counselor, not to exceed
$150;
(3) for renewal for licensure as an addiction counselor, not to exceed
$150;
(4) for a temporary license as an addiction counselor, not to exceed
$100;
(5) for a six-month reinstatement temporary license as an addiction
counselor, not to exceed $50;
(6) for a student temporary addiction counselor license, not to exceed
$100;
(7) for renewal for a student temporary addiction counselor license,
not to exceed $100;
(8) for application for licensure as a master's addiction counselor, not
to exceed $150;
(6)(9) for original licensure as a master's addiction counselor, not to
exceed $150;
(7)(10) for renewal for licensure as a master's addiction counselor, not
to exceed $150;
(11) for a temporary license as a master's addiction counselor, not to
exceed $100;
(12) for a six-month reinstatement temporary license as a master's
addiction counselor, not to exceed $50;
(8)(13) for application for licensure as a clinical addiction counselor,
not to exceed $150;
(9)(14) for original licensure as a clinical addiction counselor, not to
exceed $150;
(10)(15) for renewal for licensure as a clinical addiction counselor,
not to exceed $150;
(16) for a six-month reinstatement temporary license as a clinical
addiction counselor, not to exceed $50;
(11)(17) for a temporary permit to practice clinical addiction
counseling, not to exceed $200;
(12)(18) for extension of a temporary permit to practice clinical
addiction counseling, not to exceed $200;
(13)(19) for reinstatement of a license, not to exceed $150;
(14)(20) for replacement of a license, not to exceed $20;
(15)(21) for late renewal penalty, an amount equal to the fee for
renewal; and
(16)(22) for a wallet license, not more than $5.
(b) The board shall require that fees paid for any examination under
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the addiction counselor licensure act be paid directly to the examination
services by the person taking the examination.
(c) Fees paid to the board are not refundable.
Sec. 25. K.S.A. 65-7504 is hereby amended to read as follows: 65-
7504. (a) The board may deny, suspend, revoke or refuse renewal of any
license issued under this act if the board finds that the applicant or license
holder has refuse to issue, renew or reinstate a license, may condition,
limit, revoke or suspend a license, may publicly or privately censure a
licensee or may impose a fine not to exceed $1,000 per violation upon a
finding that a licensee or an applicant for licensure has:
(1) Used any controlled substance or alcoholic beverage to an extent
that such use impairs such person's ability to perform the work of any
profession licensed or regulated by this act.
(2) The person has Been finally adjudicated and found guilty, or
entered a plea of guilty or nolo contendere, in a criminal prosecution under
the laws of any state or of the United States, for any offense reasonably
related to the qualifications, functions or duties of any professional
licensed or regulated under this act, for any offense an essential element of
which is fraud, dishonesty or an act of violence, or for any offense
involving moral turpitude, whether or not a sentence is imposed.
(3) Used any fraud, deception or misrepresentation in securing any
license issued under this act.
(4) Obtained or attempted to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation.
(5) Committed any act of incompetency, misconduct, gross
negligence, fraud, misrepresentation or dishonesty in the performance of
the functions or duties of any profession licensed by the board.
(6) Committed any violation of or assisted or enabled any person to
violate any provision of this act or any rule and regulation promulgated
thereunder.
(7) Impersonated any person holding a certificate of registration or
authority, permit or license or allowed any other person to use such
person's certificate of registration or authority, permit, license or diploma
from any school.
(8) Been disciplined in any action by another state, territory, federal
agency or country which would constitute grounds for a license issued
under this act being suspended or revoked.
(9) Been finally adjudged insane or incapacitated by a court of
competent jurisdiction.
(10) Assisted or enabled any person to practice or offer to practice
any profession licensed or regulated by the board when such person is not
eligible to practice such profession as required by law.
(11) Issued any certificate of registration or authority, permit or
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license based upon a material mistake of fact.
(12) Failed to display a valid certificate or license if so required by
this act or any rules and regulations promulgated thereunder.
(13) Violated any professional trust or confidence.
(14) Used any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement or
solicitation is primarily directed.
(15) Been found guilty of to have engaged in unprofessional conduct
or professional incompetency as defined by the board by applicable rules
and regulations adopted by the board.
(16) Violated any lawful order or directive of the board previously
entered by the board.
(b) Any action taken under this section which affects any license or
imposes any administrative penalty shall be taken only after notice and an
opportunity for a hearing conducted in accordance with the provisions
of Administrative proceedings and disciplinary actions regarding
licensure under the applied behavior analysis licensure act shall be
conducted in accordance with the Kansas administrative procedure act.
Judicial review and civil enforcement of agency actions under the applied
behavior analysis licensure act shall be in accordance with the Kansas
judicial review act.
Sec. 26. K.S.A. 65-7505 is hereby amended to read as follows: 65-
7505. The board shall promulgate adopt rules and regulations necessary to
implement and administer this act. Such rules and regulations shall
include, but not be limited to:
(a) The form and content of license applications required and the
procedures for filing an application for an initial or renewal license or
reinstatement in this state;
(b) the establishment of fees for licenses, and the renewal and
reinstatement thereof, to cover all or any part of the cost of administering
the provisions of this act;
(c) the educational and training requirements for licensed behavior
analysts and licensed assistant behavior analysts;
(d) the roles, responsibilities and duties of licensed behavior analysts
and licensed assistant behavior analysts;
(e) the characteristics of supervision and supervised clinical
practicum experience for the licensed behavior analysts and the licensed
assistant behavior analysts;
(f) the supervision of licensed behavior analysts and licensed assistant
behavior analysts;
(g) the requirements for continuing education for licensed behavior
analysts and licensed assistant behavior analysts;
(h) standards of professional competency;
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(i) standards of professional conduct; and
(j) such other rules and regulations as the board deems necessary to
carry out the provisions of this act.
Sec. 27. K.S.A. 74-5302 is hereby amended to read as follows: 74-
5302. For the purpose of this act the following definitions shall applyAs
used in the licensure of psychologists act of the state of Kansas:
(a) "Board" means the behavioral sciences regulatory board created
by K.S.A. 74-7501, and amendments thereto.
(b) "Extenuating circumstances" means any condition or situation
caused by events beyond an individual's control that is sufficiently extreme
in nature to result in the:
(1) Individual's inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with
requirements.
(c) "License" means a license as a psychologist issued by the board.
(d) "Licensed psychologist" means a person licensed by the board
under the provisions of the licensure of psychologists act of the state of
Kansas.
(e) "Merits the public trust" means that an applicant or licensee
possesses the high standard of good moral character and fitness that is
required to practice psychology as demonstrated by the following personal
qualities:
(1) Good judgment;
(2) integrity;
(3) honesty;
(4) fairness;
(5) credibility;
(6) reliability;
(7) respect for others;
(8) respect for the laws of this state and the nation;
(9) self-discipline;
(10) self-evaluation;
(11) initiative; and
(12) commitment to the psychology profession and its values and
ethics.
(f) "Practice of psychology" means the application of established
principles of learning, motivation, perception, thinking and emotional
relationships to problems of behavior adjustment, group relations and
behavior modification, by persons trained in psychology. The application
of such principles includes, but is not restricted to, counseling and the use
of psychological remedial measures with persons, in groups or
individually, having adjustment or emotional problems in the areas of
work, family, school and personal relationships; measuring and testing
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personality, intelligence, aptitudes, public opinion, attitudes and skills; the
teaching of such subject matter; and the conducting of research on
problems relating to human behavior, except that in all cases involving the
care of the sick and ill as defined by the laws of this state, the primary
responsibility devolves upon those licensed under the Kansas healing arts
act. The practice of psychology includes the diagnosis and treatment 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. If a licensed psychologist
cannot make an independent diagnosis of a mental disorder, such
psychologist 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
psychologist may continue to evaluate and treat the client until such time
that the medical consultation is obtained or waived.
(b)(g) "Represents oneself to be a psychologist" means that a person
engages in the practice of psychology for a fee, monetary or otherwise, or
holds oneself out to the public by any title or description of services
incorporating the word "psychologic," "psychological," "psychologist" or
"psychology" and under such title or description offers to render or renders
services to individuals, corporations or the public for a fee, monetary or
otherwise.
(c) "Board" means the behavioral sciences regulatory board created
by K.S.A. 74-7501 and amendments thereto.
(d) "License" means a license as a psychologist issued by the board.
(e) "Licensed psychologist" means a person licensed by the board
under the provisions of this act.
Sec. 28. K.S.A. 2022 Supp. 74-5310 is hereby amended to read as
follows: 74-5310. (a) The board shall issue a license as a psychologist to
any person who pays a nonrefundable application fee prescribed by the
board, if required by the board, not in excess of $225 and, if required by
the board, a nonrefundable original license fee not in excess of $150, who
satisfies the board as to such person's training and experience after a
thorough review of such person's credentials and who passes a satisfactory
examination in psychology. Any person paying the fee must shall also
submit evidence verified by oath and satisfactory to the board that such
person:
(1) Is at least 21 years of age;
(2) is of good moral character a person who merits the public trust;
(3) has received the doctor's degree based on a program of studies in
content primarily psychological from an educational institution having a
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graduate program with standards consistent with those of the state
universities of Kansas, or the substantial equivalent of such program in
both subject matter and extent of training; and
(4) has had at least two years of supervised experience, a significant
portion of which shall have been spent in rendering psychological services
satisfying the board's approved standards for the psychological service
concerned.
(b) The board shall adopt rules and regulations establishing the
criteria which an educational institution shall satisfy in meeting the
requirements established under subsection (a)(3). 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 subsection (a)(3) and
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 educational institution to be considered for approval.
The board may contract with investigative agencies, commissions or
consultants to assist the board in obtaining information about educational
institutions. In entering such contracts the authority to approve educational
institutions shall remain solely with the board.
Sec. 29. K.S.A. 2022 Supp. 74-5315 is hereby amended to read as
follows: 74-5315. (a) The board may grant a license to any person who, at
the time of application, is registered, certified or licensed as a psychologist
at the doctoral level in another jurisdiction if the board determines that:
(1) The requirements of such jurisdiction for such certification or
licensure are substantially the equivalent of the requirements of this state;
or
(2) the applicant demonstrates on forms provided by the board
compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure as a psychologist at the
doctoral level with a similar scope of practice for at least 48 of the last 54
12 months immediately preceding the application 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 doctoral degree in psychology from a regionally accredited
university or college.
(b) An applicant for a license under this section shall pay an
application fee established by the board under K.S.A. 74-5310, and
amendments thereto, if required by the board. Upon notification from the
board that all eligibility requirements have been satisfied, the applicant
shall pay the license fee as provided in K.S.A. 74-5310, and amendments
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thereto.
Sec. 30. K.S.A. 2022 Supp. 74-5316 is hereby amended to read as
follows: 74-5316. (a) Upon application, the board may issue temporary
licenses to persons who have met all qualifications for licensure under the
provisions of the licensure of psychologists act of the state of Kansas,
except passage of the required examination, pursuant to K.S.A. 74-5310,
and amendments thereto, who have paid the required application and
temporary license fees and who have submitted documentation as required
by the board, under the following:
(1) Absent extenuating circumstances approved by the board, a
temporary license issued by the board shall expire upon the earlier of the
date the board issues or denies a license to practice psychology or two
years after the date of issuance of the temporary license. No temporary
license shall be renewed or issued again on any subsequent application for
licensure under the provisions of the licensure of psychologists act of the
state of Kansas. This paragraph shall not limit the number of times that an
applicant may take the required examination;
(2) the board shall adopt rules and regulations prescribing continuing
education requirements for temporary licensees, including, but not limited
to, a requirement that temporary licensees shall complete a minimum of 25
contact hours of continuing education during the two-year period of
temporary licensure, which shall include a minimum of three hours in
psychology ethics;
(3) no person may shall work under a temporary license except under
the supervision of a licensed psychologist as prescribed in rules and
regulations adopted by the board; and
(4)(3) the fee for such temporary license may be fixed set by the
board and shall not exceed $200, and any such fee shall be established by
rules and regulations adopted by the board.
(b) Upon application, the board may issue temporary licenses not to
exceed two years to persons who have completed all requirements for a
doctoral degree approved by the board but have not received such degree
conferral or who have met all qualifications for licensure under provisions
of such act, except completion of the postdoctoral supervised work
experience pursuant to K.S.A. 74-5310(a)(4), and amendments thereto,
who have paid the required application and temporary license fees and
who have submitted documentation as required by the board, under the
following:
(1) The temporary license shall expire at the end of the two-year
period after issuance or if such temporary licensee is denied a license to
practice psychology;
(2) the temporary license may be renewed for one additional two-year
period;
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(3) no temporary license shall be issued again on any subsequent
application for licensure under the provisions of the licensure of
psychologists act of the state of Kansas. This paragraph shall not limit the
number of times that an applicant may take the required examination;
(4) temporary licensees shall be working toward the completion of
the postdoctoral supervised work experience prescribed in K.S.A. 74-
5310(a)(4), and amendments thereto;
(5) the board shall adopt rules and regulations prescribing continuing
education requirements for temporary licensees, including, but not limited
to, a requirement that temporary licensees shall complete a minimum of 25
contact hours of continuing education during the two-year period of
temporary licensure, which shall include a minimum of three hours in
psychology ethics;
(6) no temporary licensee may shall work under a temporary license
except under the supervision of a licensed psychologist as prescribed in
rules and regulations adopted by the board; and
(7)(6) the fee for a renewal of the temporary license may be fixed set
by the board and shall not exceed $200 per issuance, and any such fee
shall be established by rules and regulations adopted by the board.
(c) A person practicing psychology with a temporary license may
shall not use the title "licensed psychologist" or the initials "LP,"
independently. The word "licensed" may be used only when preceded by
the word "temporary."
(d) This section shall be a part of and supplemental to the provisions
of article 53 of chapter 74 of the Kansas Statutes Annotated, and
amendments thereto.
(e) As used in this section, "temporary licensee" means any person
practicing psychology with a temporary license pursuant to subsection (a)
or (b).
Sec. 31. K.S.A. 74-5318 is hereby amended to read as follows: 74-
5318. (a) An application for renewal shall be accompanied by evidence
satisfactory to the board that the applicant has completed, during the
previous 24 months, the continuing education required by rules and
regulations of the board. Prior to July 1, 2025, as part of such continuing
education, a licensed psychologist shall complete not less than six
continuing education hours relating to diagnosis and treatment of mental
disorders and not less than three continuing education hours of
professional ethics. On and after July 1, 2025, as part of such continuing
education, a licensee shall complete not less than three continuing
education hours relating to diagnosis and treatment of mental disorders,
not less than three continuing education hours of professional ethics and
not less than three continuing education hours in cultural diversity.
Acceptable continuing education hours in cultural diversity shall include,
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but not be limited to, professional development regarding age, disability,
ethnicity, gender, gender identity, language, national origin, race, religion,
cultural, sexual orientation and socioeconomic status.
(b) (1) A licensee who is unable to complete the required continuing
education hours for renewal may request additional time to complete any
remaining continuing education hours. Such request shall be made to the
board not later than 30 calendar days prior to the expiration of the license
and shall include:
(A) The licensee's reason for requesting additional time, showing
extenuating circumstances for why the hours could not be completed
during the license period; and
(B) a plan outlining the manner in which the licensee intends to
complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months
beyond the license expiration date to complete the required continuing
education hours.
(3) A licensee who receives additional time to complete continuing
education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report
to the board the number of continuing education hours completed on such
date;
(B) notify the board upon completing the remaining continuing
education hours; and
(C) be subject to an audit by the board of the total number of
continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time
granted under this subsection shall be credited only toward the
requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete
continuing education requirements in consecutive license periods.
(c) A licensee shall submit the application to the board with a renewal
fee fixed set by rules and regulations of the board not to exceed $200.
Upon receipt of such application and fee, the board shall issue a renewal
license for the period commencing on the date on which the license is
issued and expiring on June 30 of the next even-numbered year. Initial
licenses shall be for the current biennium of registration.
(c)(d) Applications for renewal of a license shall be made biennially
on or before July 1 June 30 and, if not so made, an additional fee equal to
the renewal fee shall be added to the regular renewal fee.
(d)(e) Any psychologist who has failed to renew a license and
continues to represent oneself as a psychologist after July 1 June 30 shall
be in violation of the licensure of psychologists act of the state of Kansas.
The board may suspend or revoke such psychologist's license under the
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provisions of K.S.A. 74-5324, and amendments thereto.
(f) A person whose license has been suspended or revoked may make
written application to the board requesting reinstatement of the license
upon termination of the period of suspension or revocation. Such
application shall be in a manner prescribed by the board and
accompanied by a reinstatement fee not to exceed $200 prescribed by the
board in rules and regulations.
(g) (1) A person whose license has expired may make written
application to the board requesting reinstatement of the license in a
manner prescribed by the board, and such application shall be
accompanied by:
(A) The required renewal fee and, for any person whose license has
been expired for one year or less, an additional fee equal to the renewal
fee; and
(B) evidence satisfactory to the board that the person has completed
during the previous 24 months the continuing education requirements for
one license period.
(2) A person requesting to reinstate a license that has been expired
for longer than one year who has not completed the necessary continuing
education hours for reinstatement may submit an application for a six-
month reinstatement temporary license in a manner prescribed by the
board, and such application shall be accompanied by a fee not to exceed
$50 prescribed by the board in rules and regulations. A licensee practicing
under a six-month reinstatement temporary license shall complete the
continuing education requirements required for a permanent license prior
to the expiration of the temporary license and notify the board upon such
completion. A six-month reinstatement temporary license shall not be
extended or renewed.
(e)(h) Within 30 days after any change of permanent address, a
licensee shall notify the board of such change.
Sec. 32. K.S.A. 74-5361 is hereby amended to read as follows: 74-
5361. As used in this the licensure of master's level psychologists act:
(a) "Practice of psychology" shall have the meaning ascribed thereto
in K.S.A. 74-5302 and amendments thereto.
(b) "Board" means the behavioral sciences regulatory board created
by K.S.A. 74-7501, and amendments thereto.
(b) "Extenuating circumstances" means any condition or situation
caused by events beyond an individual's control that is sufficiently extreme
in nature to result in the:
(1) Individual's inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with
requirements.
(c) "Licensed clinical psychotherapist" means a person licensed by
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the board under the licensure of master's level psychologists act who
engages in the independent practice of master's level psychology,
including the diagnosis and treatment 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.
(d) "Licensed master's level psychologist" means a person licensed by
the board under the provisions of this the licensure of master's level
psychologists act.
(d) "Licensed clinical psychotherapist" means a person licensed by
the board under this act who engages in the independent practice of
master's level psychology including the diagnosis and treatment 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.
(e) "Master's level psychology" means the practice of psychology
pursuant to the restrictions set out in K.S.A. 74-5362, and amendments
thereto, and includes the diagnosis and treatment of mental disorders as
authorized under K.S.A. 74-5361 et seq., and amendments thereto.
(f) "Practice of psychology" means the same as defined in K.S.A. 74-
5302, and amendments thereto.
Sec. 33. K.S.A. 2022 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 accompanied
by the required fee.
(b) The board shall license as a licensed master's 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 refunded,
who has satisfied the board as to such applicant's training and who
complies with the provisions of this subsection. An applicant for licensure
also shall submit evidence 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
educational 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
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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
psychotherapy, personality theories, developmental psychology, research
methods, 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, 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
psychotherapy, personality theories, developmental psychology, research
methods, social psychology;
(4) has completed 750 clock hours of academically supervised
practicum in the master's degree program or 1,500 clock hours of
postgraduate supervised work experience; and
(5) has passed an examination approved by the board with a
minimum score set by the board by rules and regulations.
(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 master's level psychologist
or meets all requirements for licensure as a master's 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
diagnostic and statistical manual, through identifiable study of:
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 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
approved by the board of not less than 3,000 hours of supervised
professional experience including at least 1,500 hours of direct client
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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 (b) prior to July 1,
2003, in lieu of the education requirements under subparagraphs (B) and
(C), has completed the education requirements for licensure as a licensed
master's 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
master's level psychology license to practice as a licensed master's level
psychologist 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 education and training requirements
for licensure as a master's 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, if required by the board and, upon
notification from the board that all eligibility requirements have been
satisfied, paid the license fee.
(2) A person who was licensed or registered as a master's level
psychologist in Kansas at any time prior to the effective date of this act,
who has been actively engaged in the practice of master's level psychology
as a registered or licensed master's 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
revoked, upon application to the board, payment of fees and completion of
applicable continuing education requirements, shall be licensed as a
licensed clinical psychotherapist by providing demonstration of
competence to diagnose 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
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(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 master's level psychology 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 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
criteria that an educational institution shall satisfy in meeting the
requirements established under subsection (b)(3). 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 subsection (b)(3) and
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 educational institution to be considered for approval.
The board may contract with investigative agencies, commissions or
consultants to assist the board in obtaining information about educational
institutions. In entering such contracts the authority to approve educational
institutions shall remain solely with the board.
Sec. 34. K.S.A. 74-5365 is hereby amended to read as follows: 74-
5365. (a) The following fees may be fixed set by the board for licensure
under the licensure of master's level psychologists act: For application,
issuance of a new license and renewal of a license, an amount not to
exceed $200; for replacement of a license, an amount not to exceed $20;
and for a wallet card license, an amount not to exceed $5. Any such fees
required by the board shall be established by rules and regulations adopted
by the board.
(b) Fees paid to the board are not refundable.
(c) The application for renewal shall be accompanied by evidence
satisfactory to the board that the applicant has completed, during the
previous 24 months, the continuing education required by rules and
regulations of the board. Prior to July 1, 2025, as part of such continuing
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education, a licensed master's level psychologist and a licensed clinical
psychotherapist shall complete not less than six continuing education
hours relating to diagnosis and treatment of mental disorders and not less
than three continuing education hours of professional ethics. On and after
July 1, 2025, as part of such continuing education, a licensee shall
complete not less than three continuing education hours relating to
diagnosis and treatment of mental disorders, not less than three continuing
education hours of professional ethics and not less than three continuing
education hours in cultural diversity. Acceptable continuing education
hours in cultural diversity shall include, but not be limited to, professional
development regarding age, disability, ethnicity, gender, gender identity,
language, national origin, race, religion, cultural, sexual orientation and
socioeconomic status.
(d) (1) A licensee who is unable to complete the required continuing
education hours for renewal may request additional time to complete any
remaining continuing education hours. Such request shall be made to the
board not later than 30 calendar days prior to the expiration of the license
and shall include:
(A) The licensee's reason for requesting additional time, showing
extenuating circumstances for why the hours could not be completed
during the license period; and
(B) a plan outlining the manner in which the licensee intends to
complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months
beyond the license expiration date to complete the required continuing
education hours.
(3) A licensee who receives additional time to complete continuing
education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report
to the board the number of continuing education hours completed on such
date;
(B) notify the board upon completing the remaining continuing
education hours; and
(C) be subject to an audit by the board of the total number of
continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time
granted under this subsection shall be credited only toward the
requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete
continuing education requirements in consecutive license periods.
(e) Within 30 days after any change of permanent address, a licensee
shall notify the board of such change.
Sec. 35. K.S.A. 74-5366 is hereby amended to read as follows: 74-
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5366. (a) All licenses shall be effective upon the date issued and shall
expire at the end of 24 months from the date of issuance.
(b) A license may be renewed by the payment of the renewal fee and
the execution and submission of a signed statement, on a form provided by
the board, attesting that the applicant's license has been neither revoked
nor currently suspended and that the applicant has met the requirements
for continuing education set forth in this act.
(c) If the application for renewal, including payment of the required
renewal fee, is not made on or before the date of the expiration of the
license, the license is void, and no license shall be reinstated except upon
payment of the required renewal fee, plus a penalty equal to the renewal
fee, and proof satisfactory to the board of compliance with the continuing
education requirements. Upon receipt of such payment and proof, the
board shall reinstate the license.
(d) A person whose license has been suspended or revoked may make
written application to the board requesting reinstatement of the license
upon termination of the period of suspension or revocation. Such
application shall be in a manner prescribed by the board and
accompanied by a reinstatement fee.
(d) (1) A person whose license has expired may make written
application to the board requesting reinstatement of the license in a
manner prescribed by the board, and such application shall be
accompanied by:
(A) A reinstatement fee, and, for any person whose license has been
expired for one year or less, a penalty established by the board in rules
and regulations; and
(B) evidence satisfactory to the board that the person has completed
during the previous 24 months the continuing education requirements for
one license period.
(2) A person requesting to reinstate a license that has been expired
for longer than one year who has not completed the necessary continuing
education hours for reinstatement may submit an application for a six-
month reinstatement temporary license in a manner prescribed by the
board, and such application shall be accompanied by a fee of $25. A
licensee practicing under a six-month reinstatement temporary license
shall complete the continuing education requirements required for a
permanent license prior to the expiration of the temporary license and
notify the board upon such completion. A six-month reinstatement
temporary license shall not be extended or renewed.
(e) A duplicate license shall be issued by the board upon receipt of a
$20 fee.
(e)(f) A person registered as a masters level psychologist on
December 30, 1996, shall be deemed to be a licensed masters level
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psychologist under this act. Such person shall not be required to file an
original application for licensure under this act, but shall apply to the
board for a license in lieu of registration upon payment of the fee set 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 processed as
an application for licensure pursuant to this act. For exchange of a license
in lieu of registration pursuant to this subsection, a fee not to exceed $100.
(f)(g) The board shall collect a fee not to exceed $100 for exchange
of a license in lieu of a registration pursuant to subsection (e)(f).
Sec. 36. K.S.A. 74-5367 is hereby amended to read as follows: 74-
5367. (a) The board may issue a temporary master's level psychology
license to practice as a licensed master's level psychologist to any person
who pays a nonrefundable fee prescribed by the board under this section,
which shall not be refunded, and who meets all the requirements for
licensure under K.S.A. 74-5361 et seq., and amendments thereto, as a
licensed master's level psychologist except the requirement of
postgraduate supervised work experience or passing the licensing
examination, or both.
(b) Absent extenuating circumstances approved by the board, a
temporary master's level psychology license issued by the board shall
expire upon the date the board issues or denies a license to practice
master's level psychology or 24 months after the date of issuance of the
temporary master's level psychology license. No temporary master's level
psychology license issued by the board will shall be renewed or issued
again on any subsequent applications for the same license level. The
preceding provision in no way limits This subsection shall not limit the
number of times an applicant may take the examination.
(c) The board may fix a fee for the application of the temporary
master's level psychology license. The application fee shall not exceed
$100. Any such fee shall be established by rules and regulations adopted
by the board.
(d) A person practicing master's level psychology with a temporary
master's level psychology license may shall not use the title "licensed
master's level psychologist" or the initials "LMLP" independently. The
word "licensed" may be used only when followed by the words "by
temporary license" such as licensed master's level psychologist by
temporary license, or master's level psychologist licensed by temporary
license.
(e) No person may shall work under a temporary master's level
psychology license except under the supervision of a person licensed to
practice psychology or master's level psychology in Kansas.
(f) The application for a temporary master's level psychology license
may be denied or a temporary master's level psychology license which that
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has been issued may be suspended or revoked on the same grounds as
provided for suspension or revocation of a license under K.S.A. 74-5369,
and amendments thereto.
(g) Nothing in this section shall affect any temporary 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 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 license
as provided under this section at the time of issuance of such temporary
license.
Sec. 37. K.S.A. 2022 Supp. 74-5375 is hereby amended to read as
follows: 74-5375. (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 master's level in another jurisdiction if the
board determines that:
(1) The standards for registration, certification or licensure to practice
psychology at the master's level in the other jurisdiction are substantially
equivalent to the requirements of this state; or
(2) the applicant demonstrates, on forms provided by the board,
compliance with the following standards adopted by the board:
(A) Registration, certification or licensure to practice psychology at
the master's level with a similar scope of practice for at least 48 of the last
54 12 months immediately preceding the application 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) at least a master's degree in psychology from a regionally
accredited university or college.
(b) Applicants for licensure as a clinical psychotherapist shall
additionally demonstrate competence to diagnose and treat mental
disorders through meeting the requirements of either subsection (a)(1) or
(a)(2) and at least two of the following areas acceptable to the board:
(1) Either graduate coursework as established by rules and
regulations 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
mental disorders in independent practice or licensed to practice medicine
and surgery, stating that the applicant is competent to diagnose and treat
mental disorders.
(c) An applicant for a license under this section shall pay an
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application fee established by the board under K.S.A. 74-5365, and
amendments thereto, if required by the board. Upon notification from the
board that all eligibility requirements have been satisfied, the applicant
shall pay the license fee as provided in K.S.A. 74-5365, and amendments
thereto.
Sec. 38. K.S.A. 74-7501 is hereby amended to read as follows: 74-
7501. (a) There is hereby created a behavioral sciences regulatory board
consisting of 12 13 members appointed by the governor. The membership
of the board shall be as follows: Two members of the board shall be
licensed psychologists; two members of the board shall be licensed to
engage in the practice of social work; one member of the board shall be a
professional counselor; one member of the board shall be a marriage and
family therapist and; one member of the board shall be a licensed masters
master's level psychologist or a licensed clinical psychotherapist; one
member of the board shall be a licensed addiction counselor, a licensed
master's addiction counselor or a licensed clinical addiction counselor;
one member of the board shall be a licensed behavior analyst; and four
members of the board shall be from and represent the general public. Each
member of the board shall be a citizen of the United States and a resident
of this state.
(b) The term of office of each member of the board shall be four
years. No member of the board shall be appointed for more than two
successive terms. Upon the expiration of a member's term of office, the
governor shall appoint a qualified successor. Each member shall serve
until a successor is appointed and qualified. Whenever a vacancy occurs in
the membership of the board prior to the expiration of a term of office, the
governor shall appoint a qualified successor to fill the unexpired term. The
governor may remove any member of the board for misconduct,
incompetency or neglect of duty.
(c) The board shall organize annually at its first meeting subsequent
to June 30 and shall select from its members a chairperson and a vice-
chairperson vice chairperson. Other meetings shall be held as the board
designates. A majority of members appointed to the board shall constitute
a quorum for the transaction of business.
(d) The board may appoint an executive director who shall be in the
unclassified service of the Kansas civil service act and shall receive an
annual salary fixed set by the board, subject to approval by the governor.
The board may employ clerical personnel and other assistants, all of whom
shall be in the classified unclassified service under the Kansas civil service
act. The board may make and enter into contracts of employment with
such professional personnel as necessary, in the board's judgment, for the
performance of its duties and functions and the execution of its powers.
(e) Members of the behavioral sciences regulatory board attending
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meetings of the board, or attending a subcommittee meeting thereof
authorized by the board, shall be paid compensation, subsistence
allowances, mileage and other expenses as provided in K.S.A. 75-3223,
and amendments thereto.
Sec. 39. K.S.A. 65-5802, 65-5806, 65-6302, 65-6313, 65-6314, 65-
6402, 65-6407, 65-6608, 65-6614, 65-6618, 65-7504, 65-7505, 74-5302,
74-5318, 74-5339, 74-5361, 74-5365, 74-5366, 74-5367 and 74-7501 and
K.S.A. 2022 Supp. 65-5804a, 65-5807, 65-5808, 65-6306, 65-6309, 65-
6322, 65-6404, 65-6405, 65-6406, 65-6411, 65-6610, 65-6611, 65-6613,
74-5310, 74-5315, 74-5316, 74-5363 and 74-5375 are hereby repealed.
Sec. 40. This act shall take effect and be in force from and after its
publication in the statute book.
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