Kansas 2023-2024 Regular Session

Kansas Senate Bill SB176 Compare Versions

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11 Session of 2023
22 SENATE BILL No. 176
33 By Committee on Public Health and Welfare
44 2-7
55 AN ACT concerning the behavioral sciences; increasing the membership
66 of the behavioral sciences regulatory board; relating to licensure and
77 regulation; professional counselors, social workers, marriage and
88 family therapists, addiction counselors, behavior analysts,
99 psychologists and master's level psychologists; decreasing the years of
1010 practice required for reciprocity licensure; requiring that clinical social
1111 work supervisors be approved by the board; providing additional
1212 continuing education requirements; establishing license categories for
1313 applicants from social work programs in candidacy for accreditation
1414 and for temporary reinstatement; extending the license period of
1515 temporary licenses; amending K.S.A. 65-5802, 65-5806, 65-6302, 65-
1616 6313, 65-6314, 65-6402, 65-6407, 65-6608, 65-6614, 65-6618, 65-
1717 7504, 65-7505, 74-5302, 74-5318, 74-5361, 74-5365, 74-5366, 74-
1818 5367 and 74-7501 and K.S.A. 2022 Supp. 65-5804a, 65-5807, 65-5808,
1919 65-6306, 65-6309, 65-6322, 65-6404, 65-6405, 65-6406, 65-6411, 65-
2020 6610, 65-6611, 65-6613, 74-5310, 74-5315, 74-5316, 74-5363 and 74-
2121 5375 and repealing the existing sections; also repealing K.S.A. 74-
2222 5339.
2323 Be it enacted by the Legislature of the State of Kansas:
2424 New Section 1. (a) On and after January 1, 2024, any licensee
2525 providing postgraduate clinical supervision for any individual working
2626 toward licensure as a clinical social worker shall be a board-approved
2727 clinical supervisor.
2828 (b) An application for a board-approved clinical supervisor shall be
2929 made to the board on a form and in the manner prescribed by the board
3030 and shall be accompanied by the fee as provided by K.S.A. 65-6314, and
3131 amendments thereto.
3232 (c) Each applicant for board-approved clinical supervisor shall
3333 furnish evidence satisfactory to the board that the applicant:
3434 (1) Is currently licensed by the board as a specialist clinical social
3535 worker and has practiced as a specialist clinical social worker for at least
3636 two years following licensure;
3737 (2) is not the subject of any disciplinary action of the board that
3838 would prohibit providing clinical supervision, as determined by the board;
3939 and
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7676 (3) (A) Has completed the minimum number of semester hours, or
7777 the academic equivalent, of coursework related to the enhancement of
7878 supervision skills approved by the board; or
7979 (B) has completed the minimum number of continuing education
8080 hours related to the enhancement of supervision skills approved by the
8181 board.
8282 (c) Each board-approved clinical supervisor shall complete, as a part
8383 of the continuing education required under K.S.A. 65-6313, and
8484 amendments thereto, at least three hours of continuing education related to
8585 the enhancement of supervision skills, including at least one hour related
8686 to ethics in supervision.
8787 (d) This section shall be a part of and supplemental to the social
8888 workers licensure act.
8989 Sec. 2. K.S.A. 65-5802 is hereby amended to read as follows: 65-
9090 5802. As used in the professional counselors licensure act:
9191 (a) "Assessment" means selecting, administering, scoring and
9292 interpreting instruments designed to describe an individual's aptitudes,
9393 abilities, achievements, interests and personal characteristics.
9494 (b) "Board" means the behavioral sciences regulatory board created
9595 by K.S.A. 74-7501, and amendments thereto.
9696 (c) "Consultation" means the application of principles, methods and
9797 techniques of the practice of counseling to assist in solving current or
9898 potential problems of individuals or groups in relation to a third party.
9999 (d) "Extenuating circumstances" means any condition or situation
100100 caused by events beyond an individual's control that is sufficiently extreme
101101 in nature to result in the:
102102 (1) Individual's inability to comply with requirements; or
103103 (2) inadvisability of requiring the individual to comply with
104104 requirements.
105105 (e) "Licensed clinical professional counselor" means a person who
106106 engages in the independent practice of professional counseling including
107107 the diagnosis and treatment of mental disorders specified in the edition of
108108 the diagnostic and statistical manual of mental disorders of the American
109109 psychiatric association designated by the board by rules and regulations
110110 and who is licensed under this act.
111111 (f) "Licensed professional counselor" means a person who is licensed
112112 under this act and who engages in the practice of professional counseling
113113 only under the direction of a licensed clinical professional counselor, a
114114 licensed psychologist, a person licensed to practice medicine and surgery
115115 or a person licensed to provide mental health services as an independent
116116 practitioner and whose licensure allows for the diagnosis and treatment of
117117 mental disorders.
118118 (b)(g) "Practice of professional counseling" means assisting an
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162162 individual or group for a fee, monetary or otherwise, through counseling,
163163 assessment, consultation and referral and includes the diagnosis and
164164 treatment of mental disorders as authorized under the professional
165165 counselors licensure act.
166166 (c)(h) "Professional counseling" means to assist an individual or
167167 group to develop understanding of personal strengths and weaknesses, to
168168 restructure concepts and feelings, to define goals and to plan actions as
169169 these are related to personal, social, educational and career development
170170 and adjustment.
171171 (d) "Assessment" means selecting, administering, scoring and
172172 interpreting instruments designed to describe an individual's aptitudes,
173173 abilities, achievements, interests and personal characteristics.
174174 (e) "Consultation" means the application of principles, methods and
175175 techniques of the practice of counseling to assist in solving current or
176176 potential problems of individuals or groups in relation to a third party.
177177 (f)(i) "Referral" means the evaluation of information to identify
178178 problems and to determine the advisability of referral to other
179179 practitioners.
180180 (g) "Licensed professional counselor" means a person who is licensed
181181 under this act and who engages in the practice of professional counseling
182182 except that on and after January 1, 2002, such person shall engage in the
183183 practice of professional counseling only under the direction of a licensed
184184 clinical professional counselor, a licensed psychologist, a person licensed
185185 to practice medicine and surgery or a person licensed to provide mental
186186 health services as an independent practitioner and whose licensure allows
187187 for the diagnosis and treatment of mental disorders.
188188 (h) "Licensed clinical professional counselor" means a person who
189189 engages in the independent practice of professional counseling including
190190 the diagnosis and treatment of mental disorders specified in the edition of
191191 the diagnostic and statistical manual of mental disorders of the American
192192 psychiatric association designated by the board by rules and regulations
193193 and who is licensed under this act.
194194 Sec. 3. K.S.A. 2022 Supp. 65-5804a is hereby amended to read as
195195 follows: 65-5804a. (a) Applications for licensure as a professional
196196 counselor shall be made to the board on a form and in the manner
197197 prescribed by the board. Each application shall be accompanied by the fee
198198 fixed set under K.S.A. 65-5808, and amendments thereto.
199199 (b) Each applicant for licensure as a professional counselor shall
200200 furnish evidence satisfactory to the board that the applicant:
201201 (1) Is at least 21 years of age;
202202 (2) has completed 60 graduate semester hours including a graduate
203203 degree in counseling or a related field from a college or university
204204 approved by the board and that includes 45 graduate semester hours of
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248248 counseling coursework distributed among each of the following areas:
249249 (A) Counseling theory and practice;
250250 (B) the helping relationship;
251251 (C) group dynamics, processing and counseling;
252252 (D) human growth and development;
253253 (E) lifestyle and career development;
254254 (F) appraisal of individuals;
255255 (G) social and cultural foundations;
256256 (H) research and evaluation;
257257 (I) professional orientation; and
258258 (J) supervised practicum and internship;
259259 (3) has passed an examination required by the board; and
260260 (4) has satisfied the board that the applicant is a person who merits
261261 the public trust.
262262 (c) (1) Applications for licensure as a clinical professional counselor
263263 shall be made to the board on a form and in the manner prescribed by the
264264 board. Each applicant shall furnish evidence satisfactory to the board that
265265 the applicant:
266266 (A) Is licensed by the board as a licensed professional counselor or
267267 meets all requirements for licensure as a licensed professional counselor;
268268 (B) has completed 15 credit hours, as part of or in addition to the
269269 requirements under subsection (b), supporting diagnosis or treatment of
270270 mental disorders with use of the American psychiatric association's
271271 diagnostic and statistical manual through identifiable study of the
272272 following content areas: Psychopathology, diagnostic assessment,
273273 interdisciplinary referral and collaboration, treatment approaches and
274274 professional ethics;
275275 (C) has completed a graduate level supervised clinical practicum of
276276 supervised professional experience including psychotherapy and
277277 assessment with individuals, couples, families or groups, integrating
278278 diagnosis and treatment of mental disorders with use of the American
279279 psychiatric association's diagnostic and statistical manual, with not less
280280 than 280 hours of direct client contact or additional postgraduate
281281 supervised experience as determined by the board;
282282 (D) has completed not less than two years of postgraduate supervised
283283 professional experience in accordance with a clinical supervision plan
284284 approved by the board of not less than 3,000 hours of supervised
285285 professional experience, including at least 1,500 hours of direct client
286286 contact conducting psychotherapy and assessments with individuals,
287287 couples, families or groups and not less than 100 hours of face-to-face
288288 clinical supervision, as defined by the board in rules and regulations,
289289 including not less than 50 hours of individual supervision, except that the
290290 board may waive the requirement that such supervision be face-to-face
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334334 upon a finding of extenuating circumstances, integrating diagnosis and
335335 treatment of mental disorders with use of the American psychiatric
336336 association's diagnostic and statistical manual, except that the board may
337337 waive
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339339 /2 of the hours required by this subparagraph for an individual who
340340 has a doctoral degree in professional counseling or a related field approved
341341 by the board and who completes the required
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343343 /2 of the hours in not less
344344 than one year of supervised professional experience;
345345 (E) for persons who earned a degree under subsection (b) prior to
346346 July 1, 2003, in lieu of the education requirements under subparagraphs
347347 (B) and (C), has completed the education requirements for licensure as a
348348 professional counselor in effect on the day immediately preceding the
349349 effective date of this act;
350350 (F) for persons who apply for and are eligible for a temporary permit
351351 to practice as a licensed professional counselor on the day immediately
352352 preceding the effective date of this act, in lieu of the education and training
353353 requirements under subparagraphs (B), (C) and (D), has completed the
354354 education and training requirements for licensure as a professional
355355 counselor in effect on the day immediately preceding the effective date of
356356 this act;
357357 (G) has passed an examination approved by the board; and
358358 (H) has paid the application fee fixed set under K.S.A. 65-5808, and
359359 amendments thereto.
360360 (2) A person who was licensed or registered as a professional
361361 counselor in Kansas at any time prior to the effective date of this act, who
362362 has been actively engaged in the practice of professional counseling as a
363363 registered or licensed professional counselor within five years prior to the
364364 effective date of this act and whose last license or registration in Kansas
365365 prior to the effective date of this act was not suspended or revoked, upon
366366 application to the board, payment of fees pursuant to K.S.A. 65-5808, and
367367 amendments thereto, and completion of applicable continuing education
368368 requirements, shall be licensed as a licensed clinical professional
369369 counselor by providing demonstration of competence to diagnose and treat
370370 mental disorders through at least two of the following areas acceptable to
371371 the board:
372372 (A) Either: (i) Graduate coursework; or (ii) passing a national,
373373 clinical examination;
374374 (B) either: (i) Three years of clinical practice in a community mental
375375 health center, its contracted affiliate or a state mental hospital; or (ii) three
376376 years of clinical practice in other settings with demonstrated experience in
377377 diagnosing or treating mental disorders; or
378378 (C) attestation from one professional licensed to diagnose and treat
379379 mental disorders in independent practice or licensed to practice medicine
380380 and surgery that the applicant is competent to diagnose and treat mental
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424424 disorders.
425425 (3) A licensed clinical professional counselor may engage in the
426426 independent practice of professional counseling and is authorized to
427427 diagnose and treat mental disorders specified in the edition of the
428428 diagnostic and statistical manual of mental disorders of the American
429429 psychiatric association designated by the board by rules and regulations.
430430 When a client has symptoms of a mental disorder, a licensed clinical
431431 professional counselor shall consult with the client's primary care
432432 physician or psychiatrist to determine if there may be a medical condition
433433 or medication that may be causing or contributing to the client's symptoms
434434 of a mental disorder. A client may request in writing that such consultation
435435 be waived and such request shall be made a part of the client's record. A
436436 licensed clinical professional counselor may continue to evaluate and treat
437437 the client until such time that the medical consultation is obtained or
438438 waived.
439439 (4) A licensed professional counselor may diagnose and treat mental
440440 disorders specified in the edition of the diagnostic and statistical manual of
441441 mental disorders of the American psychiatric association designated by the
442442 board by rules and regulations only under the direction of a licensed
443443 clinical professional counselor, licensed psychologist, person licensed to
444444 practice medicine and surgery or person licensed to provide mental health
445445 services as an independent practitioner and whose licensure allows for the
446446 diagnosis and treatment of mental disorders. When a client has symptoms
447447 of a mental disorder, a licensed professional counselor shall consult with
448448 the client's primary care physician or psychiatrist to determine if there may
449449 be a medical condition or medication that may be causing or contributing
450450 to the client's symptoms of a mental disorder. A client may request in
451451 writing that such consultation be waived and such request shall be made a
452452 part of the client's record. A licensed professional counselor may continue
453453 to evaluate and treat the client until such time that the medical consultation
454454 is obtained or waived.
455455 (d) The board shall adopt rules and regulations establishing the
456456 criteria that a college or university shall satisfy in order to be approved by
457457 the board. The board may send a questionnaire developed by the board to
458458 any college or university for which the board does not have sufficient
459459 information to determine whether the school meets the requirements for
460460 approval and rules and regulations adopted under this section. The
461461 questionnaire providing the necessary information shall be completed and
462462 returned to the board in order for the college or university to be considered
463463 for approval. The board may contract with investigative agencies,
464464 commissions or consultants to assist the board in obtaining information
465465 about colleges and universities. In entering such contracts, the authority to
466466 approve college and universities shall remain solely with the board.
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510510 (e) A person who is waiting to take the examination required by the
511511 board may apply to the board for a temporary professional counselor
512512 license to practice as a licensed professional counselor by:
513513 (1) Paying an application fee of not more than $150; and
514514 (2) meeting the application requirements as stated in K.S.A. 65-
515515 5804a(b)(1), (2) and (4), and amendments thereto.
516516 (f) (1) A temporary professional counselor license may be issued by
517517 the board after the application has been reviewed and approved by the
518518 board and the applicant has paid the appropriate fee set by the board for
519519 issuance of a temporary license.
520520 (2) Absent extenuating circumstances approved by the board, a
521521 temporary professional counselor license issued by the board shall expire
522522 upon the date the board issues or denies a license to practice professional
523523 counseling or 12 24 months after the date of issuance of the temporary
524524 license. No temporary license will be renewed or issued again on any
525525 subsequent application for the same license level. The preceding
526526 provisions in no way limit the number of times an applicant may take the
527527 examination.
528528 (g) A person practicing professional counseling with a temporary
529529 professional counselor license may not use the title "licensed professional
530530 counselor" or the initials "LPC" independently. The word "licensed" may
531531 be used only when followed by the words "by temporary license," such as
532532 licensed professional counselor by temporary license, or professional
533533 counselor licensed by temporary license.
534534 (h) No person may practice professional counseling under a
535535 temporary professional counselor license except under the supervision of a
536536 person licensed by the behavioral sciences regulatory board at the
537537 independent level.
538538 (i) Nothing in this section shall affect any temporary license to
539539 practice issued under this section prior to the effective date of this act and
540540 in effect on the effective date of this act. Such temporary license shall be
541541 subject to the provisions of this section in effect at the time of its issuance
542542 and shall continue to be effective until the date of expiration of the
543543 temporary license provided under this section at the time of issuance of
544544 such temporary license.
545545 Sec. 4. K.S.A. 65-5806 is hereby amended to read as follows: 65-
546546 5806. (a) An applicant who meets the requirements for licensure pursuant
547547 to this the professional counselors licensure act, has paid the license fee
548548 provided for by K.S.A. 65-5808, and amendments thereto, and has
549549 otherwise complied with the provisions of this act shall be licensed by the
550550 board.
551551 (b) Licenses issued pursuant to this act shall expire 24 months from
552552 the date of issuance unless revoked prior to that time. A license may be
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596596 renewed upon application and payment of the fee provided for by K.S.A.
597597 65-5808, and amendments thereto. The application for renewal shall be
598598 accompanied by evidence satisfactory to the board that the applicant has
599599 completed during the previous 24 months the continuing education
600600 required by rules and regulations of the board. Prior to July 1, 2025, as
601601 part of such continuing education, a licensee shall complete not less than
602602 six continuing education hours relating to diagnosis and treatment of
603603 mental disorders and not less than three continuing education hours of
604604 professional ethics. On and after July 1, 2025, as part of such continuing
605605 education, a licensee shall complete not less than three continuing
606606 education hours relating to diagnosis and treatment of mental disorders,
607607 not less than three continuing education hours of professional ethics and
608608 not less than three continuing education hours in cultural diversity.
609609 Acceptable continuing education hours in cultural diversity shall include,
610610 but not be limited to, professional development regarding age, disability,
611611 ethnicity, gender, gender identity, language, national origin, race, religion,
612612 cultural, sexual orientation and socioeconomic status.
613613 (c) (1) A licensee who is unable to complete the required continuing
614614 education hours for renewal may request additional time to complete any
615615 remaining continuing education hours. Such request shall be made to the
616616 board not later than 30 calendar days prior to the expiration of the license
617617 and shall include:
618618 (A) The licensee's reason for requesting additional time, showing
619619 extenuating circumstances for why the hours could not be completed
620620 during the license period; and
621621 (B) a plan outlining the manner in which the licensee intends to
622622 complete the remaining continuing education hours.
623623 (2) The board may grant a licensee up to three additional months
624624 beyond the license expiration date to complete the required continuing
625625 education hours.
626626 (3) A licensee who receives additional time to complete continuing
627627 education hours under this subsection shall:
628628 (A) Renew the license prior to the license expiration date and report
629629 to the board the number of continuing education hours completed on such
630630 date;
631631 (B) notify the board upon completing the remaining continuing
632632 education hours; and
633633 (C) be subject to an audit by the board of the total number of
634634 continuing education hours completed for the applicable license period.
635635 (4) Continuing education hours completed during additional time
636636 granted under this subsection shall be credited only toward the
637637 requirements for the license period for which additional time is granted.
638638 (5) A licensee shall not be approved for additional time to complete
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682682 continuing education requirements in consecutive license periods.
683683 (d) A person whose license has been suspended or revoked may make
684684 written application to the board requesting reinstatement of the license
685685 upon termination of the period of suspension or revocation in a manner
686686 prescribed by the board, which and such application shall be accompanied
687687 by the fee provided for by K.S.A. 65-5808, and amendments thereto.
688688 (e) (1) A person whose license has expired may make written
689689 application to the board requesting reinstatement of the license in a
690690 manner prescribed by the board, and such application shall be
691691 accompanied by:
692692 (A) The renewal fee established under K.S.A. 65-5808, and
693693 amendments thereto, and, for any person whose license has been expired
694694 for one year or less, an additional fee equal to the renewal fee; and
695695 (B) evidence satisfactory to the board that the person has completed
696696 during the previous 24 months the continuing education requirements for
697697 one license period.
698698 (2) A person requesting to reinstate a license that has been expired
699699 for longer than one year who has not completed the necessary continuing
700700 education hours for reinstatement may submit an application for a six-
701701 month reinstatement temporary license in a manner prescribed by the
702702 board, and such application shall be accompanied by the fee as provided
703703 by K.S.A. 65-5808, and amendments thereto. A licensee practicing under a
704704 six-month reinstatement temporary license shall complete the continuing
705705 education requirements required for a permanent license prior to the
706706 expiration of the temporary license and notify the board upon such
707707 completion. A six-month reinstatement temporary license shall not be
708708 extended or renewed.
709709 (d)(f) Within 30 days after any change of permanent address, a
710710 licensee shall notify the board of such change.
711711 Sec. 5. K.S.A. 2022 Supp. 65-5807 is hereby amended to read as
712712 follows: 65-5807. (a) The board may issue a license to an individual who
713713 is currently registered, certified or licensed to practice professional
714714 counseling in another jurisdiction if the board determines that:
715715 (1) The standards for registration, certification or licensure to practice
716716 professional counseling in the other jurisdiction are substantially
717717 equivalent to the requirements of this state; or
718718 (2) the applicant demonstrates on forms provided by the board
719719 compliance with the following standards as adopted by the board:
720720 (A) Registration, certification or licensure to practice professional
721721 counseling with a similar scope of practice for at least 48 of the last 54 12
722722 months immediately preceding the application with at least the minimum
723723 professional experience as established by rules and regulations of the
724724 board;
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768768 (B) the absence of disciplinary actions of a serious nature brought by
769769 a registration, certification or licensing board or agency; and
770770 (C) at least a master's degree in counseling or a related field from a
771771 regionally accredited university or college.
772772 (b) Applicants for licensure as a clinical professional counselor shall
773773 additionally demonstrate competence to diagnose and treat mental
774774 disorders through meeting the requirements of either subsection (a)(1) or
775775 (a)(2) and at least two of the following areas acceptable to the board:
776776 (1) Either graduate coursework as established by rules and
777777 regulations of the board or passing a national clinical examination
778778 approved by the board;
779779 (2) three years of clinical practice with demonstrated experience in
780780 diagnosing or treating mental disorders; or
781781 (3) attestation from a professional licensed to diagnose and treat
782782 mental disorders in independent practice or licensed to practice medicine
783783 and surgery stating that the applicant is competent to diagnose and treat
784784 mental disorders.
785785 (c) An applicant for a license under this section shall pay an
786786 application fee established by the board under K.S.A. 65-5808, and
787787 amendments thereto, if required by the board. Upon notification from the
788788 board that all eligibility requirements have been satisfied, the applicant
789789 shall submit the license fee as provided by K.S.A. 65-5808, and
790790 amendments thereto.
791791 Sec. 6. K.S.A. 2022 Supp. 65-5808 is hereby amended to read as
792792 follows: 65-5808. (a) The board may fix collect the following fees, and
793793 any such fees shall be established by rules and regulations adopted by the
794794 board:
795795 (1) For application for licensure as a professional counselor, not more
796796 than $100;
797797 (2) for an original license as a professional counselor, not more than
798798 $175;
799799 (3) for a temporary license as a professional counselor, not more than
800800 $175;
801801 (4) for a six-month reinstatement temporary license as a professional
802802 counselor, not more than $50;
803803 (5) for renewal for licensure as a professional counselor, not more
804804 than $150;
805805 (5)(6) for application for licensure as a clinical professional
806806 counselor, not more than $175;
807807 (6)(7) for licensure as a clinical professional counselor, not more than
808808 $175;
809809 (7)(8) for renewal for licensure as a clinical professional counselor,
810810 not more than $175;
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854854 (9) for a six-month reinstatement temporary license as a clinical
855855 professional counselor, not more than $50;
856856 (8)(10) for late renewal penalty, an amount equal to the fee for
857857 renewal of a license;
858858 (9)(11) for reinstatement of a license, not more than $175;
859859 (10)(12) for replacement of a license, not more than $20;
860860 (11)(13) for a wallet card license, not more than $5; and
861861 (12)(14) for application as a board-approved clinical supervisor, not
862862 more than $50.
863863 (b) Fees paid to the board are not refundable.
864864 Sec. 7. K.S.A. 65-6302 is hereby amended to read as follows: 65-
865865 6302. As used in this the social workers licensure act, unless the context
866866 clearly requires otherwise, the following words and phrases shall have the
867867 meaning ascribed to them in this section:
868868 (a) "Board" means the behavioral sciences regulatory board created
869869 by K.S.A. 74-7501, and amendments thereto.
870870 (b) "Extenuating circumstances" means any condition or situation
871871 caused by events beyond a person's control that is sufficiently extreme in
872872 nature to result in the:
873873 (1) Person's inability to comply with requirements; or
874874 (2) inadvisability of requiring the person to comply with
875875 requirements.
876876 (c) "Psychotherapy" means the use of psychological and social
877877 methods within a professional relationship to assist the person or persons
878878 to achieve a better psychosocial adaptation to acquire greater human
879879 realization of psychosocial potential and adaptation to modify internal
880880 and external conditions that affect individuals, groups or communities in
881881 respect to behavior, emotions and thinking and in respect to their intra-
882882 personal and inter-personal processes. Forms of "psychotherapy" include,
883883 but are not limited to, individual psychotherapy, conjoint marital therapy,
884884 family therapy and group psychotherapy.
885885 (d) "Social work practice" means the professional activity of helping
886886 individuals, groups or communities enhance or restore their capacity for
887887 physical, social and economic functioning and the professional application
888888 of social work values, principles and techniques in areas such as
889889 psychotherapy, social service administration, social planning, social work
890890 consultation and social work research to one or more of the following
891891 ends: Helping people obtain tangible services; counseling with individuals,
892892 families and groups; helping communities or groups provide or improve
893893 social and health services; and participating in relevant social action. The
894894 practice of social work requires knowledge of human development and
895895 behavior; of social, economic and cultural institutions and forces; and of
896896 the interaction of all these factors. Social work practice includes the
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940940 teaching of practicum courses in social work and includes the diagnosis
941941 and treatment of mental disorders as authorized under K.S.A. 65-6306 and
942942 65-6319, and amendments thereto.
943943 (c) "Psychotherapy" means the use of psychological and social
944944 methods within a professional relationship, to assist the person or persons
945945 to achieve a better psychosocial adaptation to acquire greater human
946946 realization of psychosocial potential and adaptation; to modify internal and
947947 external conditions which affect individuals, groups or communities in
948948 respect to behavior, emotions and thinking, in respect to their intra-
949949 personal and inter-personal processes. Forms of psychotherapy include but
950950 are not restricted to individual psychotherapy, conjoint marital therapy,
951951 family therapy and group psychotherapy.
952952 Sec. 8. K.S.A. 2022 Supp. 65-6306 is hereby amended to read as
953953 follows: 65-6306. (a) The board shall issue a license as a baccalaureate
954954 social worker to an applicant who has:
955955 (1) A baccalaureate degree from an accredited college or university,
956956 including completion of a social work program recognized and approved
957957 by the board, pursuant to rules and regulations adopted by the board;
958958 (2) passed an examination approved by the board for this purpose;
959959 and
960960 (3) satisfied the board that the applicant is a person who merits the
961961 public trust; and
962962 (4) paid an application fee established by the board under K.S.A. 65-
963963 6314, and amendments thereto, and, upon notification from the board that
964964 all eligibility requirements have been satisfied, the license fee established
965965 by the board pursuant to K.S.A. 65-5808, and amendments thereto.
966966 (b) (1) An applicant for a baccalaureate social work license who
967967 received a baccalaureate degree from a social work program in candidacy
968968 status from an accrediting body recognized by the board may request a
969969 temporary candidacy baccalaureate social work license upon:
970970 (A) Demonstrating receipt of a baccalaureate degree from a college
971971 or university, including completion of a social work program in candidacy
972972 from an accrediting body recognized by the board;
973973 (B) passing an examination approved by the board for the purpose of
974974 such temporary candidacy licensure;
975975 (C) submitting a completed, signed temporary candidacy
976976 baccalaureate social work license application on a form and in a manner
977977 provided by the board;
978978 (D) satisfying the board that the applicant is a person who merits the
979979 public trust; and
980980 (E) paying the temporary candidacy baccalaureate social worker fee
981981 as established under K.S.A. 65-6314, and amendments thereto, upon
982982 notification from the board that all eligibility requirements have been
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10261026 satisfied.
10271027 (2) A temporary candidacy baccalaureate social work license shall
10281028 expire on the last day of the 24
10291029 th
10301030 month after the temporary candidacy
10311031 baccalaureate social work license's effective date. Such license is
10321032 nonrenewable, but, upon request by the license holder using a form
10331033 approved by the board and paying the appropriate fee, the license shall be
10341034 extended upon a showing that the social work program remains in
10351035 candidacy status with the accrediting body recognized by the board. In all
10361036 professional use of the social worker's name, an individual with a
10371037 temporary candidacy baccalaureate social work license shall represent
10381038 themselves as a temporary candidacy baccalaureate social worker. An
10391039 individual with such license may not use the credentials "LBSW." The
10401040 word "licensed" may be used only when followed by the words "by
10411041 temporary candidacy license." An individual issued a temporary
10421042 candidacy baccalaureate social work license shall practice under
10431043 supervision and shall not be required to complete continuing education. If
10441044 the accrediting body recognized by the board grants accreditation to the
10451045 program in candidacy status, the holder of the temporary candidacy
10461046 baccalaureate social work license shall receive a permanent license upon
10471047 payment of the appropriate fee. If the accrediting body recognized by the
10481048 board does not grant accreditation to the program in candidacy status, the
10491049 board shall immediately revoke the temporary license and notify the
10501050 licensee of the revocation of such license.
10511051 (c) The board shall issue a license as a master social worker to an
10521052 applicant who has:
10531053 (1) Except as provided in subsection (f), A master's degree from an
10541054 accredited college or university, including completion of a social work
10551055 program recognized and approved by the board, pursuant to rules and
10561056 regulations adopted by the board;
10571057 (2) passed an examination approved by the board for this purpose;
10581058 and
10591059 (3) satisfied the board that the applicant is a person who merits the
10601060 public trust; and
10611061 (4) paid an application fee established by the board under K.S.A. 65-
10621062 6314, and amendments thereto, and, upon notification from the board that
10631063 all eligibility requirements have been satisfied, paid the license fee
10641064 established under K.S.A. 65-5808, and amendments thereto.
10651065 (d) (1) An applicant for a master social work license who received a
10661066 master's degree from a social work program in candidacy status from an
10671067 accrediting body recognized by the board may request a temporary
10681068 candidacy master social work license upon:
10691069 (A) Demonstrating receipt of a master's degree from a college or
10701070 university, including completion of a social work program in candidacy
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11141114 from an accrediting body recognized by the board;
11151115 (B) passing an examination approved by the board for the purpose of
11161116 such temporary candidacy licensure;
11171117 (C) submitting a completed, signed temporary candidacy master
11181118 social work license application on a form and in a manner provided by the
11191119 board;
11201120 (D) satisfying the board that the applicant is a person who merits the
11211121 public trust; and
11221122 (E) paying the temporary candidacy master social worker fee as
11231123 established under K.S.A. 65-6314, and amendments thereto, upon
11241124 notification from the board that all eligibility requirements have been
11251125 satisfied.
11261126 (2) A temporary candidacy master social work license shall expire on
11271127 the last day of the 24
11281128 th
11291129 month after the temporary candidacy master social
11301130 work license's effective date. Such license is nonrenewable, but, upon
11311131 request by the license holder using a form approved by the board and
11321132 paying the appropriate fee, the license shall be extended upon a showing
11331133 that the social work program remains in candidacy status with the
11341134 accrediting body recognized by the board. In all professional use of the
11351135 social worker's name, an individual with a temporary candidacy master
11361136 social work license shall represent themselves as a temporary candidacy
11371137 master social worker. An individual with such license shall not use the
11381138 credentials "LMSW." The word "licensed" may be used only when followed
11391139 by the words "by temporary candidacy license." An individual issued a
11401140 temporary candidacy master social work license shall practice under
11411141 supervision and shall not be required to complete continuing education. If
11421142 the accrediting body recognized by the board grants accreditation to the
11431143 program in candidacy status, the holder of the temporary candidacy
11441144 master social work license shall receive a permanent license upon
11451145 payment of the appropriate fee. If the accrediting body recognized by the
11461146 board does not grant accreditation to the program in candidacy status, the
11471147 board shall immediately revoke the temporary license and notify the
11481148 licensee of the revocation of such license.
11491149 (c)(e) The board shall issue a license in one of the social work
11501150 specialties to an applicant who has:
11511151 (1) A master's or doctor's degree from an accredited graduate school
11521152 of social work, including completion of a social work program recognized
11531153 and approved by the board, pursuant to rules and regulations adopted by
11541154 the board;
11551155 (2) had two years of full-time post-master's or post-doctor's degree
11561156 experience under the supervision of a licensed social worker in the area of
11571157 the specialty in which such applicant seeks to be licensed;
11581158 (3) passed an examination approved by the board for this purpose;
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12021202 and
12031203 (4) satisfied the board that the applicant is a person who merits the
12041204 public trust; and
12051205 (5) upon notification from the board that all eligibility requirements
12061206 have been satisfied, paid the license fee established under K.S.A. 65-6314,
12071207 and amendments thereto.
12081208 (d)(f) (1) The board shall issue a license as a specialist clinical social
12091209 worker to an applicant who:
12101210 (A) Has met the requirements of subsection (c) (e);
12111211 (B) has completed 15 credit hours as part of or in addition to the
12121212 requirements under subsection (c) (e) supporting diagnosis or treatment of
12131213 mental disorders with use of the American psychiatric association's
12141214 diagnostic and statistical manual, through identifiable study of the
12151215 following content areas: Psychopathology, diagnostic assessment,
12161216 interdisciplinary referral and collaboration, treatment approaches and
12171217 professional ethics;
12181218 (C) has completed a graduate level supervised clinical practicum of
12191219 supervised professional experience, including psychotherapy and
12201220 assessment, integrating diagnosis and treatment of mental disorders with
12211221 use of the American psychiatric association's diagnostic and statistical
12221222 manual or additional postgraduate supervised experience as determined by
12231223 the board;
12241224 (D) has completed as part of or in addition to the requirements of
12251225 subsection (c) (e) not less than two years of postgraduate supervised
12261226 professional experience, in accordance with a clinical supervision plan
12271227 approved by the board of not less than 3,000 hours of supervised
12281228 professional experience including at least 1,500 hours of direct client
12291229 contact conducting psychotherapy and assessments with individuals,
12301230 couples, families or groups and not less than 100 hours of face-to-face
12311231 clinical supervision, as defined by the board in rules and regulations,
12321232 including not less than 50 hours of individual supervision, except that the
12331233 board may waive the requirement that such supervision be face-to-face
12341234 upon a finding of extenuating circumstances, integrating diagnosis and
12351235 treatment of mental disorders with use of the American psychiatric
12361236 association's diagnostic and statistical manual;
12371237 (E) for persons earning a degree under subsection (c) prior to July 1,
12381238 2003, in lieu of the education and training requirements under
12391239 subparagraphs (B) and (C), has completed the education requirements for
12401240 licensure as a specialist clinical social worker in effect on the day
12411241 immediately preceding the effective date of this act;
12421242 (F) for persons who apply for and are eligible for a temporary license
12431243 to practice as a specialist clinical social worker on the day immediately
12441244 preceding the effective date of this act, in lieu of the education and training
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12881288 requirements under subparagraphs (B), (C) and (D), has completed the
12891289 education and training requirements for licensure as a specialist clinical
12901290 social worker in effect on the day immediately preceding the effective date
12911291 of this act;
12921292 (G) has passed an examination approved by the board; and
12931293 (H) has paid the application fee.
12941294 (2) A licensed specialist clinical social worker may engage in the
12951295 social work practice and is authorized to diagnose and treat mental
12961296 disorders specified in the edition of the diagnostic and statistical manual of
12971297 mental disorders of the American psychiatric association designated by the
12981298 board by rules and regulations. When a client has symptoms of a mental
12991299 disorder, a licensed specialist clinical social worker shall consult with the
13001300 client's primary care physician or psychiatrist to determine if there may be
13011301 a medical condition or medication that may be causing or contributing to
13021302 the client's symptoms of a mental disorder. A client may request in writing
13031303 that such consultation be waived and such request shall be made a part of
13041304 the client's record. A licensed specialist clinical social worker may
13051305 continue to evaluate and treat the client until such time that the medical
13061306 consultation is obtained or waived.
13071307 (3) Notwithstanding any other provision of this subsection, a licensed
13081308 master social worker who has provided to the board an acceptable clinical
13091309 supervision plan for licensure as a specialist clinical social worker prior to
13101310 the effective date of this act shall be licensed as a specialist clinical social
13111311 worker under this act upon completion of the requirements in effect for
13121312 licensure as a specialist clinical social worker at the time the acceptable
13131313 training plan is submitted to the board.
13141314 (4) A person licensed as a specialist clinical social worker on the day
13151315 immediately preceding the effective date of this act shall be deemed to be
13161316 a licensed specialist clinical social worker under this act. Such person shall
13171317 not be required to file an original application for licensure as a specialist
13181318 clinical social worker under this act.
13191319 (e)(g) The board shall adopt rules and regulations establishing the
13201320 criteria that a social work program of a college or university shall satisfy to
13211321 be recognized and approved by the board under this section. The board
13221322 may send a questionnaire developed by the board to any college or
13231323 university conducting a social work program for which the board does not
13241324 have sufficient information to determine whether the program should be
13251325 recognized and approved by the board and whether the program meets the
13261326 rules and regulations adopted under this section. The questionnaire
13271327 providing the necessary information shall be completed and returned to the
13281328 board in order for the program to be considered for recognition and
13291329 approval. The board may contract with investigative agencies,
13301330 commissions or consultants to assist the board in obtaining information
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13741374 about a social work program of a college or university. In entering such
13751375 contracts the authority to recognize and approve a social work program of
13761376 a college or university shall remain solely with the board.
13771377 (f)(h) (1) Notwithstanding any pending candidacy for accreditation of
13781378 the masters of social work program at Fort Hays state university, the board
13791379 shall:
13801380 (A) Accept a master's degree from such program as from an
13811381 accredited college or university for the purpose of issuing a license as a
13821382 master social worker to an applicant under subsection (b); and
13831383 (B) not impose any additional or alternative requirements to
13841384 accreditation upon an applicant with such degree based on such program's
13851385 pending candidacy for accreditation.
13861386 (2) The provisions of this subsection shall apply retroactively and
13871387 shall expire on July 1, 2023.
13881388 Sec. 9. K.S.A. 2022 Supp. 65-6309 is hereby amended to read as
13891389 follows: 65-6309. (a) An applicant shall be exempted from the requirement
13901390 for any examination provided for herein, if the applicant has taken and
13911391 passed an examination similar to that for which exemption is sought, as
13921392 determined by the board.
13931393 (b) Upon application, the board shall issue a temporary licenses
13941394 bachelor's social work license or a temporary master's social work license
13951395 to persons who have submitted documentation and met all qualifications
13961396 for licensure under provisions of this act, except passage of the required
13971397 examination, and who have paid the required fee.
13981398 (c) Absent extenuating circumstances approved by the board, a
13991399 temporary bachelor's social work license or a temporary master's social
14001400 work license issued by the board shall expire upon the date the board
14011401 issues or denies a license to practice social work or 12 24 months after the
14021402 date of issuance of the temporary license. No temporary bachelor's social
14031403 work license or temporary master's social work license will be renewed or
14041404 issued again on any subsequent applications for the same license level. The
14051405 preceding provisions in no way limit the number of times an applicant may
14061406 take the examination.
14071407 (d) No person may shall work under a temporary bachelor's social
14081408 work license or a temporary master's social work license except under the
14091409 supervision of a licensed social worker.
14101410 (e) Nothing in this section shall affect any temporary license to
14111411 practice issued under this section prior to the effective date of this act and
14121412 in effect on the effective date of this act. Such temporary license shall be
14131413 subject to the provisions of this section in effect at the time of its issuance
14141414 and shall continue to be effective until the date of expiration of the license
14151415 as provided under this section at the time of issuance of such temporary
14161416 license.
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14601460 (f) Any individual employed by a hospital and working in the area of
14611461 hospital social services to patients of such hospital on July 1, 1974, is
14621462 exempt from the provisions of this act.
14631463 (g) A person practicing social work with a temporary license may not
14641464 use the title "licensed baccalaureate social worker" or "licensed master
14651465 social worker" or use the initials "LBSW" or "LMSW," independently. The
14661466 word "licensed" may be used only when followed by the words "by
14671467 temporary license."
14681468 Sec. 10. K.S.A. 65-6313 is hereby amended to read as follows: 65-
14691469 6313. (a) All licenses issued shall be effective upon the date issued and
14701470 shall expire at the end of 24 months from the date of issuance.
14711471 (b) (1) Except as otherwise provided in K.S.A. 65-6311, and
14721472 amendments thereto, a license may be renewed by the payment of the
14731473 renewal fee set forth in K.S.A. 65-6314, and amendments thereto, and the
14741474 execution and submission of a signed statement, on a form to be provided
14751475 by the board, attesting that the applicant's license has been neither revoked
14761476 nor currently suspended and that applicant has met the requirements for
14771477 continuing education established by the board including not less than three
14781478 continuing education hours of professional ethics.
14791479 (2) On and after July 1, 2025, an applicant for renewal of a license,
14801480 as part of such continuing education, shall complete not less than three
14811481 continuing education hours in cultural diversity. Acceptable continuing
14821482 education hours in cultural diversity shall include, but not be limited to,
14831483 professional development regarding age, disability, ethnicity, gender,
14841484 gender identity, language, national origin, race, religion, cultural, sexual
14851485 orientation and socioeconomic status.
14861486 (3) Prior to July 1, 2025, an applicant for renewal of a license as a
14871487 master social worker or a specialist clinical social worker, as part of such
14881488 continuing education, shall complete not less than six continuing education
14891489 hours relating to diagnosis and treatment of mental disorders. On and after
14901490 July 1, 2025, such applicant shall complete not less than three continuing
14911491 education hours relating to diagnosis and treatment of mental disorders.
14921492 (3)(4) An applicant for first time licensure renewal as a baccalaureate
14931493 social worker, master social worker or specialist clinical social worker, as
14941494 part of such continuing education, shall complete not less than six hours of
14951495 social worker safety awareness training. If the applicant for first time
14961496 licensure renewal has already taken such training, as part of a previous
14971497 level of social work licensure renewal, then the applicant is not required to
14981498 complete an additional six hours of social worker safety training.
14991499 (c) The application for renewal shall be made on or before the date of
15001500 the expiration of the license or on or before the date of the termination of
15011501 the period of suspension.
15021502 (d) If the application for renewal, including payment of the required
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15461546 renewal fee, is not made on or before the date of the expiration of the
15471547 license, the license is void, and no license shall be reinstated except upon
15481548 payment of the required renewal fee established under K.S.A. 65-6314,
15491549 and amendments thereto, plus a penalty equal to the renewal fee, and proof
15501550 satisfactory to the board of the completion of 40 hours of continuing
15511551 education within two years prior to application for reinstatement. Upon
15521552 receipt of such payment and proof, the board shall reinstate the license. A
15531553 license shall be reinstated under this subsection, upon receipt of such
15541554 payment and proof, at any time after the expiration of such license. (1) A
15551555 licensee who is unable to complete the required continuing education
15561556 hours for renewal may request additional time to complete any remaining
15571557 continuing education hours. Such request shall be made to the board not
15581558 later than 30 calendar days prior to the expiration of the license and shall
15591559 include:
15601560 (A) The licensee's reason for requesting additional time, showing
15611561 extenuating circumstances for why the hours could not be completed
15621562 during the license period; and
15631563 (B) a plan outlining the manner in which the licensee intends to
15641564 complete the remaining continuing education hours.
15651565 (2) The board may grant a licensee up to three additional months
15661566 beyond the license expiration date to complete the required continuing
15671567 education hours.
15681568 (3) A licensee who receives additional time to complete continuing
15691569 education hours under this subsection shall:
15701570 (A) Renew the license prior to the license expiration date and report
15711571 to the board the number of continuing education hours completed on such
15721572 date;
15731573 (B) notify the board upon completing the remaining continuing
15741574 education hours; and
15751575 (C) be subject to an audit by the board of the total number of
15761576 continuing education hours completed for the applicable license period.
15771577 (4) Continuing education hours completed during additional time
15781578 granted under this subsection shall be credited only toward the
15791579 requirements for the license period for which additional time is granted.
15801580 (5) A licensee shall not be approved for additional time to complete
15811581 continuing education requirements in consecutive license periods.
15821582 (e) (1) A person whose license has expired may make written
15831583 application to the board requesting reinstatement of the license in a
15841584 manner prescribed by the board, and such application shall be
15851585 accompanied by:
15861586 (A) The renewal fee established under K.S.A. 65-6314, and
15871587 amendments thereto, and, for any person whose license has been expired
15881588 for one year or less, an additional fee equal to the renewal fee; and
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16321632 (B) evidence satisfactory to the board that the person has completed
16331633 during the previous 24 months the continuing education requirements for
16341634 one license period.
16351635 (2) A person requesting to reinstate a license that has been expired
16361636 for longer than one year who has not completed the necessary continuing
16371637 education hours for reinstatement may submit an application for a six-
16381638 month reinstatement temporary license in a manner prescribed by the
16391639 board, and such application shall be accompanied by the fee established
16401640 under K.S.A. 65-6314, and amendments thereto. A licensee practicing
16411641 under a six-month reinstatement temporary license shall complete the
16421642 continuing education requirements required for a permanent license prior
16431643 to the expiration of the temporary license and notify the board upon such
16441644 completion. A six-month reinstatement temporary license shall not be
16451645 extended or renewed.
16461646 (e)(f) In case of a lost or destroyed license, and upon satisfactory
16471647 proof of the loss or destruction thereof, the board may issue a duplicate
16481648 license and shall charge a fee as set forth in K.S.A. 65-6314, and
16491649 amendments thereto, for such duplicate license.
16501650 (f)(g) Within 30 days after any change of permanent address, a
16511651 licensee shall notify the board of such change.
16521652 Sec. 11. K.S.A. 65-6314 is hereby amended to read as follows: 65-
16531653 6314. (a) The following fees may be established by the board in
16541654 accordance with the following limitations, and any such fees shall be
16551655 established by rules and regulations adopted by the board:
16561656 (1) Renewal or reinstatement fee for a license as a social work
16571657 associate shall be not more than $150.
16581658 (2) Application, new license, reinstatement or renewal fee for a
16591659 license as a baccalaureate social worker shall be not more than $150.
16601660 (3) Application, new license, reinstatement or renewal fee for a
16611661 license as master social worker shall be not more than $150.
16621662 (4) Application, new license, reinstatement or renewal fee for a
16631663 license in a social work specialty shall be not more than $150.
16641664 (5) Replacement fee for reissuance of a license certificate due to loss
16651665 or name change shall be not more than $20.
16661666 (6) Replacement fee for reissuance of a wallet card shall be not more
16671667 than $5.
16681668 (7) Temporary license fee for a baccalaureate social worker, master
16691669 social worker or a social work specialty shall be not more than $50.
16701670 (8) Temporary candidacy license fee for a baccalaureate social
16711671 worker, master social worker or a social work specialty shall be not more
16721672 than $75.
16731673 (9) Six-month reinstatement temporary license fee for a
16741674 baccalaureate social worker, master social worker or a social work
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17181718 specialty shall be not more than $50.
17191719 (10) Application fee for approval as board-approved continuing
17201720 education sponsors shall be as follows:
17211721 (A) Initial application fee for one year provisionally approved
17221722 providers shall be not more than $125;
17231723 (B) three-year renewal fees for approved providers shall be not more
17241724 than $350; and
17251725 (C) application fees for single program providers shall be not more
17261726 than $50 for each separately offered continuing education activity for
17271727 which prior approval is sought.
17281728 (11) Application for approval as a board-approved clinical
17291729 supervisor shall be not more than $50.
17301730 (b) Fees paid to the board are not refundable.
17311731 Sec. 12. K.S.A. 2022 Supp. 65-6322 is hereby amended to read as
17321732 follows: 65-6322. (a) The board may issue a license to an individual who
17331733 is currently registered, certified or licensed to practice social work in
17341734 another jurisdiction, if the board determines that:
17351735 (1) The standards for registration, certification or licensure to practice
17361736 social work at the baccalaureate level in another jurisdiction are
17371737 substantially the equivalent of the requirements in the social workers
17381738 licensure act and rules and regulations of the board for licensure as a
17391739 baccalaureate social worker; or
17401740 (2) the applicant demonstrates compliance on forms set by the board,
17411741 with the following standards as adopted by the board:
17421742 (A) Registration, certification or licensure to practice social work at
17431743 the baccalaureate level with a similar scope of practice for at least 48 of
17441744 the last 54 12 months immediately preceding the application, with at least
17451745 the minimum professional experience as established by rules and
17461746 regulations of the board;
17471747 (B) the absence of disciplinary actions of a serious nature brought by
17481748 a registration, certification or licensing board or agency; and
17491749 (C) completion of a baccalaureate degree in social work from a
17501750 regionally accredited university.
17511751 (b) The board may issue a license to an individual who is currently
17521752 registered, certified or licensed to practice social work in another
17531753 jurisdiction, if the board determines that:
17541754 (1) The standards for registration, certification or licensure to practice
17551755 social work at the master's level in another jurisdiction are substantially the
17561756 equivalent of the requirements in the social workers licensure act and rules
17571757 and regulations of the board for licensure as a master social worker; or
17581758 (2) the applicant demonstrates compliance on forms set by the board,
17591759 with the following standards as adopted by the board:
17601760 (A) Registration, certification or licensure to practice social work at
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18041804 the master level with a similar scope of practice for at least 48 of the last
18051805 54 12 months immediately preceding the application with at least the
18061806 minimum professional experience as established by rules and regulations
18071807 of the board;
18081808 (B) the absence of disciplinary actions of a serious nature brought by
18091809 a registration, certification or licensing board or agency; and
18101810 (C) completion of a master's degree in social work from a regionally
18111811 accredited university.
18121812 (c) Applicants for licensure as a specialist clinical social worker shall
18131813 demonstrate:
18141814 (1) That the applicant meets the requirements of subsection (b);
18151815 (2) that the applicant is currently licensed to practice social work at
18161816 the clinical level in another state; and
18171817 (3) competence to diagnose and treat mental disorders by meeting at
18181818 least two of the following areas acceptable to the board:
18191819 (A) Passing a national clinical examination approved by the board;
18201820 (B) three years of clinical practice with demonstrated experience in
18211821 diagnosing or treating mental disorders; or
18221822 (C) attestation from a professional licensed to diagnose and treat
18231823 mental disorders in independent practice or licensed to practice medicine
18241824 and surgery, stating that the applicant is competent to diagnose and treat
18251825 mental disorders.
18261826 (d) An applicant for a license under this section shall pay an
18271827 application fee established by the board under K.S.A. 65-6411, and
18281828 amendments thereto, if required by the board. Upon notification from the
18291829 board that all eligibility requirements have been satisfied, the applicant
18301830 shall submit the license fee as provided in K.S.A. 65-6411, and
18311831 amendments thereto.
18321832 Sec. 13. K.S.A. 65-6402 is hereby amended to read as follows: 65-
18331833 6402. As used in the marriage and family therapists licensure act:
18341834 (a) "Board" means the behavioral sciences regulatory board created
18351835 under K.S.A. 74-7501 and amendments thereto.
18361836 (b) "Marriage and family therapy" means the assessment and
18371837 treatment of cognitive, affective or behavioral problems within the context
18381838 of marital and family systems and includes the diagnosis and treatment of
18391839 mental disorders as authorized under the marriage and family therapists
18401840 licensure act.
18411841 (c) "Licensed marriage and family therapist" means a person who
18421842 engages in the practice of marriage and family therapy and who is licensed
18431843 under this act except that on and after January 1, 2002, such person shall
18441844 engage in the practice of marriage and family therapy only under the
18451845 direction of a licensed clinical marriage and family therapist, a licensed
18461846 psychologist, a person licensed to practice medicine and surgery or a
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18901890 person licensed to provide mental health services as an independent
18911891 practitioner and whose licensure allows for the diagnosis and treatment of
18921892 mental disorders "Extenuating circumstances" means any condition or
18931893 situation caused by events beyond an individual's control that is
18941894 sufficiently extreme in nature to result in the:
18951895 (1) Individual's inability to comply with requirements; or
18961896 (2) inadvisability of requiring the individual to comply with
18971897 requirements.
18981898 (d)(c) "Licensed clinical marriage and family therapist" means a
18991899 person who engages in the independent practice of marriage and family
19001900 therapy including the diagnosis and treatment of mental disorders specified
19011901 in the edition of the diagnostic and statistical manual of mental disorders
19021902 of the American psychiatric association designated by the board by rules
19031903 and regulations and is licensed under this act.
19041904 (d) "Licensed marriage and family therapist" means a person who
19051905 engages in the practice of marriage and family therapy, is licensed under
19061906 this act and engages in the practice of marriage and family therapy only
19071907 under the direction of a licensed clinical marriage and family therapist, a
19081908 licensed psychologist, a person licensed to practice medicine and surgery
19091909 or a person licensed to provide mental health services as an independent
19101910 practitioner and whose licensure allows for the diagnosis and treatment of
19111911 mental disorders.
19121912 (e) "Marriage and family therapy" means the assessment and
19131913 treatment of cognitive, affective or behavioral problems within the context
19141914 of marital and family systems and includes the diagnosis and treatment of
19151915 mental disorders as authorized under the marriage and family therapists
19161916 licensure act.
19171917 Sec. 14. K.S.A. 2022 Supp. 65-6404 is hereby amended to read as
19181918 follows: 65-6404. (a) An applicant for licensure as a marriage and family
19191919 therapist shall furnish evidence that the applicant has:
19201920 (1) Attained 21 years of age;
19211921 (2) (A) completed a master's or doctoral degree from a marriage and
19221922 family therapy program, in an educational institution with standards
19231923 approved by the board; (B) has completed a master's or doctoral degree
19241924 from an educational institution in a related field for which the course work
19251925 is considered by the board to be equivalent to that provided in
19261926 subparagraph (A) and consists of a minimum of nine semester hours in
19271927 human development, nine semester hours in theories of marriage and
19281928 family functioning, nine semester hours of marital and family assessment
19291929 and therapy, three semester hours in professional studies and three
19301930 semester hours in research and has completed an academically supervised
19311931 practicum in the master's degree program with at least 300 hours of direct
19321932 client contact or a combined 300 hours of direct client contact and
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19761976 additional postgraduate supervised experience; or (C) completed a
19771977 master's or doctoral degree from an educational institution in a related field
19781978 with additional work from an educational program in marriage and family
19791979 therapy approved by the board and such degree program and additional
19801980 work includes the course work requirements provided in subparagraph (B);
19811981 (3) passed an examination approved by the board;
19821982 (4) satisfied the board that the applicant is a person who merits the
19831983 public trust; and
19841984 (5) paid the application fee established by the board under K.S.A. 65-
19851985 6411, and amendments thereto.
19861986 (b) (1) Applications for licensure as a clinical marriage and family
19871987 therapist shall be made to the board on a form and in the manner
19881988 prescribed by the board. Each applicant shall furnish evidence satisfactory
19891989 to the board that the applicant:
19901990 (A) Is licensed by the board as a licensed marriage and family
19911991 therapist or meets all requirements for licensure as a marriage and family
19921992 therapist;
19931993 (B) has completed 15 credit hours as part of or in addition to the
19941994 requirements under subsection (a) supporting diagnosis or treatment of
19951995 mental disorders with use of the American psychiatric association's
19961996 diagnostic and statistical manual, through identifiable study of the
19971997 following content areas: Psychopathology, diagnostic assessment,
19981998 interdisciplinary referral and collaboration, treatment approaches and
19991999 professional ethics;
20002000 (C) has completed a graduate level supervised clinical practicum of
20012001 supervised professional experience including psychotherapy and
20022002 assessment with individuals, couples, families or groups, integrating
20032003 diagnosis and treatment of mental disorders with use of the American
20042004 psychiatric association's diagnostic and statistical manual, with not less
20052005 than 350 300 hours of direct client contact or additional postgraduate
20062006 supervised experience as determined by the board;
20072007 (D) has completed not less than two years of postgraduate supervised
20082008 professional experience in accordance with a clinical supervision plan
20092009 approved by the board of not less than 3,000 hours of supervised
20102010 professional experience including at least 1,500 hours of direct client
20112011 contact conducting psychotherapy and assessments with individuals,
20122012 couples, families or groups and not less than 100 hours of face-to-face
20132013 clinical supervision, as defined by the board in rules and regulations,
20142014 including not less than 50 hours of individual supervision, except that the
20152015 board may waive the requirement that such supervision be face-to-face
20162016 upon a finding of extenuating circumstances, integrating diagnosis and
20172017 treatment of mental disorders with use of the American psychiatric
20182018 association's diagnostic and statistical manual, except that the board may
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20622062 waive
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20642064 /2 of the hours required by this subparagraph for an individual who
20652065 has a doctor's degree in marriage and family therapy or a related field
20662066 acceptable to the board and who completes the required
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20692069 not less than one year of supervised professional experience;
20702070 (E) for persons who earned a degree under subsection (a) prior to July
20712071 1, 2003, in lieu of the education and training requirements under
20722072 subparagraphs (B) and (C), has completed the education requirements for
20732073 licensure as a marriage and family therapist in effect on the day
20742074 immediately preceding the effective date of this act;
20752075 (F) for persons who apply for and are eligible for a temporary permit
20762076 to practice as a licensed marriage and family therapist on the day
20772077 immediately preceding the effective date of this act, in lieu of the
20782078 education and training requirements under subparagraphs (B), (C) and (D),
20792079 has completed the education and training requirements for licensure as a
20802080 marriage and family therapist in effect on the day immediately preceding
20812081 the effective date of this act;
20822082 (G) has passed an examination approved by the board; and
20832083 (H) has paid the application fee fixed set under K.S.A. 65-6411, and
20842084 amendments thereto.
20852085 (2) A person who was licensed or registered as a marriage and family
20862086 therapist in Kansas at any time prior to the effective date of this act, who
20872087 has been actively engaged in the practice of marriage and family therapy
20882088 as a registered or licensed marriage and family therapist within five years
20892089 prior to the effective date of this act and whose last license or registration
20902090 in Kansas prior to the effective date of this act was not suspended or
20912091 revoked, upon application to the board, payment of fees and completion of
20922092 applicable continuing education requirements, shall be licensed as a
20932093 licensed clinical marriage and family therapist by providing demonstration
20942094 of competence to diagnose and treat mental disorders through at least two
20952095 of the following areas acceptable to the board:
20962096 (A) Either: (i) Graduate coursework; or (ii) passing a national,
20972097 clinical examination;
20982098 (B) either: (i) Three years of clinical practice in a community mental
20992099 health center, its contracted affiliate or a state mental hospital; or (ii) three
21002100 years of clinical practice in other settings with demonstrated experience in
21012101 diagnosing or treating mental disorders; or
21022102 (C) attestation from one professional licensed to diagnose and treat
21032103 mental disorders in independent practice or licensed to practice medicine
21042104 and surgery that the applicant is competent to diagnose and treat mental
21052105 disorders.
21062106 (3) A licensed clinical marriage and family therapist may engage in
21072107 the independent practice of marriage and family therapy and is authorized
21082108 to diagnose and treat mental disorders specified in the edition of the
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21522152 diagnostic and statistical manual of mental disorders of the American
21532153 psychiatric association designated by the board by rules and regulations.
21542154 When a client has symptoms of a mental disorder, a licensed clinical
21552155 marriage and family therapist shall consult with the client's primary care
21562156 physician or psychiatrist to determine if there may be a medical condition
21572157 or medication that may be causing or contributing to the client's symptoms
21582158 of a mental disorder. A client may request in writing that such consultation
21592159 be waived and such request shall be made a part of the client's record. A
21602160 licensed clinical marriage and family therapist may continue to evaluate
21612161 and treat the client until such time that the medical consultation is obtained
21622162 or waived.
21632163 (4) On and after January 1, 2002, a licensed marriage and family
21642164 therapist may diagnose and treat mental disorders specified in the edition
21652165 of the diagnostic and statistical manual of mental disorders of the
21662166 American psychiatric association designated by the board by rules and
21672167 regulations only under the direction of a licensed clinical marriage and
21682168 family therapist, licensed psychologist, person licensed to practice
21692169 medicine and surgery or person licensed to provide mental health services
21702170 as an independent practitioner and whose licensure allows for the
21712171 diagnosis and treatment of mental disorders. When a client has symptoms
21722172 of a mental disorder, a licensed marriage and family therapist shall consult
21732173 with the client's primary care physician or psychiatrist to determine if there
21742174 may be a medical condition or medication that may be causing or
21752175 contributing to the client's symptoms of a mental disorder. A client may
21762176 request in writing that such consultation be waived and such request shall
21772177 be made a part of the client's record. A licensed marriage and family
21782178 therapist may continue to evaluate and treat the client until such time that
21792179 the medical consultation is obtained or waived.
21802180 Sec. 15. K.S.A. 2022 Supp. 65-6405 is hereby amended to read as
21812181 follows: 65-6405. (a) A person who is waiting to take the examination
21822182 required by the board may apply to the board for a temporary marriage
21832183 and family therapy license to practice as a licensed marriage and family
21842184 therapist by:
21852185 (1) Paying an application a temporary license fee as established by
21862186 the board under K.S.A. 65-6411, and amendments thereto; and
21872187 (2) meeting the application requirements as stated in K.S.A. 65-
21882188 6404(a)(1), (a)(2) and, (a)(4) and (a)(5), and amendments thereto.
21892189 (b) A person who is waiting to take the license examination required
21902190 by the board, and who has not completed a practicum including 300 hours
21912191 of direct client contact but has been approved by the board to complete
21922192 other postgraduate experience totaling 300 hours, may apply to the board
21932193 for a temporary marriage and family therapy license to practice as a
21942194 licensed marriage and family therapist by:
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22382238 (1) Paying a temporary license fee established by the board under
22392239 K.S.A. 65-6411, and amendments thereto; and
22402240 (2) meeting the application requirements as stated in K.S.A. 65-
22412241 6404(a)(1), (a)(2), (a)(4) and (a)(5), and amendments thereto, and, except
22422242 for the requirement to complete a practicum or other postgraduate
22432243 experience, the requirements of K.S.A. 65-6404(a)(2), and amendments
22442244 thereto.
22452245 (c) (1) A temporary marriage and family therapy license may be
22462246 issued by the board after the application has been reviewed and approved
22472247 by the board and the applicant has paid the appropriate fee as established
22482248 by the board under K.S.A. 65-6411, and amendments thereto.
22492249 (2) Absent extenuating circumstances approved by the board, a
22502250 temporary license issued by the board shall expire upon the date the board
22512251 issues or denies the person a license to practice marriage and family
22522252 therapy or 12 24 months after the date of issuance of the temporary
22532253 license.
22542254 (3) No temporary license shall be renewed or issued again on any
22552255 subsequent application for the same license level. The preceding provision
22562256 in no way limits the number of times an applicant may take the
22572257 examination.
22582258 (c)(d) A person practicing marriage and family therapy with a
22592259 temporary marriage and family therapy license may not use the title
22602260 "licensed marriage and family therapist" or the initials "LMFT"
22612261 independently. The word "licensed" may be used only when followed by
22622262 the words "by temporary license."
22632263 (d)(e) No person may practice marriage and family therapy under a
22642264 temporary marriage and family therapy license except under the
22652265 supervision of a person licensed by the behavioral sciences regulatory
22662266 board at the independent level.
22672267 (e)(f) Nothing in this section shall affect any temporary license to
22682268 practice issued under this section prior to the effective date of this act and
22692269 in effect on the effective date of this act. Such temporary license shall be
22702270 subject to the provisions of this section in effect at the time of its issuance
22712271 and shall continue to be effective until the date of expiration of the license
22722272 as provided under this section at the time of issuance of such temporary
22732273 license.
22742274 Sec. 16. K.S.A. 2022 Supp. 65-6406 is hereby amended to read as
22752275 follows: 65-6406. (a) The board may issue a license to an individual who
22762276 is currently registered, certified or licensed to practice marriage and family
22772277 therapy in another jurisdiction if the board determines that:
22782278 (1) The standards for registration, certification or licensure to practice
22792279 marriage and family therapy in the other jurisdiction are substantially the
22802280 equivalent of the requirements of the marriage and family therapists
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23242324 licensure act and rules and regulations of the board; or
23252325 (2) the applicant demonstrates on forms provided by the board
23262326 compliance with the following standards as adopted by the board:
23272327 (A) Registration, certification or licensure to practice marriage and
23282328 family therapy with a similar scope of practice for at least 48 of the last 54
23292329 12 months immediately preceding the application with at least the
23302330 minimum professional experience as established by rules and regulations
23312331 of the board;
23322332 (B) the absence of disciplinary actions of a serious nature brought by
23332333 a registration, certification or licensing board or agency; and
23342334 (C) completion of at least a master's degree in marriage and family
23352335 therapy or a related field as approved by the board from a regionally
23362336 accredited university.
23372337 (b) Applicants for licensure as a clinical marriage and family therapist
23382338 shall additionally demonstrate competence to diagnose and treat mental
23392339 disorders through meeting the requirements of either subsection (a)(1) or
23402340 (a)(2) and at least two of the following areas acceptable to the board:
23412341 (1) Either graduate coursework as established by rules and
23422342 regulations of the board or passing a national clinical examination
23432343 approved by the board;
23442344 (2) three years of clinical practice with demonstrated experience in
23452345 diagnosing or treating mental disorders; or
23462346 (3) attestation from a professional licensed to diagnose and treat
23472347 mental disorders in independent practice or licensed to practice medicine
23482348 and surgery stating that the applicant is competent to diagnose and treat
23492349 mental disorders.
23502350 (c) An applicant for a license under this section shall pay an
23512351 application fee established by the board under K.S.A. 65-6411, and
23522352 amendments thereto, if required by the board. Upon notification from the
23532353 board that all eligibility requirements have been satisfied, the applicant
23542354 shall pay the license fee as provided in K.S.A. 65-6411, and amendments
23552355 thereto.
23562356 Sec. 17. K.S.A. 65-6407 is hereby amended to read as follows: 65-
23572357 6407. (a) An applicant who meets the requirements for licensure pursuant
23582358 to this act, has paid the license fee provided for by K.S.A. 65-6411, and
23592359 amendments thereto, and has otherwise complied with the provisions of
23602360 this act shall be licensed by the board.
23612361 (b) Licenses issued pursuant to this act shall expire 24 months from
23622362 the date of issuance unless revoked prior to that time. A license may be
23632363 renewed upon application and payment of the fee provided for by K.S.A.
23642364 65-6411, and amendments thereto. The application for renewal shall be
23652365 accompanied by evidence satisfactory to the board that the applicant has
23662366 completed during the previous 24 months the continuing education
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24102410 required by rules and regulations of the board. Prior to July 1, 2025, as
24112411 part of such continuing education, the applicant shall complete not less
24122412 than six continuing education hours relating to diagnosis and treatment of
24132413 mental disorders and not less than three continuing education hours of
24142414 professional ethics. On and after July 1, 2025, as part of such continuing
24152415 education, a licensee shall complete not less than three continuing
24162416 education hours relating to diagnosis and treatment of mental disorders,
24172417 not less than three continuing education hours of professional ethics and
24182418 not less than three continuing education hours in cultural diversity.
24192419 Acceptable continuing education hours in cultural diversity shall include,
24202420 but not be limited to, professional development regarding age, disability,
24212421 ethnicity, gender, gender identity, language, national origin, race, religion,
24222422 cultural, sexual orientation and socioeconomic status.
24232423 (c) (1) A licensee who is unable to complete the required continuing
24242424 education hours for renewal may request additional time to complete any
24252425 remaining continuing education hours. Such request shall be made to the
24262426 board not later than 30 calendar days prior to the expiration of the license
24272427 and shall include:
24282428 (A) The licensee's reason for requesting additional time, showing
24292429 extenuating circumstances for why the hours could not be completed
24302430 during the license period; and
24312431 (B) a plan outlining the manner in which the licensee intends to
24322432 complete the remaining continuing education hours.
24332433 (2) The board may grant a licensee up to three additional months
24342434 beyond the license expiration date to complete the required continuing
24352435 education hours.
24362436 (3) A licensee who receives additional time to complete continuing
24372437 education hours under this subsection shall:
24382438 (A) Renew the license prior to the license expiration date and report
24392439 to the board the number of continuing education hours completed on such
24402440 date;
24412441 (B) notify the board upon completing the remaining continuing
24422442 education hours; and
24432443 (C) be subject to an audit by the board of the total number of
24442444 continuing education hours completed for the applicable license period.
24452445 (4) Continuing education hours completed during additional time
24462446 granted under this subsection shall be credited only toward the
24472447 requirements for the license period for which additional time is granted.
24482448 (5) A licensee shall not be approved for additional time to complete
24492449 continuing education requirements in consecutive license periods.
24502450 (d) A person whose license has been suspended or revoked may make
24512451 written application to the board requesting reinstatement of the license
24522452 upon termination of the period of suspension or revocation in a manner
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24962496 prescribed by the board, which application shall be accompanied by the
24972497 fee provided for by K.S.A. 65-6411, and amendments thereto.
24982498 (e) (1) A person whose license has expired may make written
24992499 application to the board requesting reinstatement of the license in a
25002500 manner prescribed by the board, and such application shall be
25012501 accompanied by:
25022502 (A) The renewal fee established under K.S.A. 65-6411, and
25032503 amendments thereto, and, for any person whose license has been expired
25042504 for one year or less, an additional fee equal to the renewal fee; and
25052505 (B) evidence satisfactory to the board that the person has completed
25062506 during the previous 24 months the continuing education requirements for
25072507 one license period.
25082508 (2) A person requesting to reinstate a license that has been expired
25092509 for longer than one year who has not completed the necessary continuing
25102510 education hours for reinstatement may submit an application for a six-
25112511 month reinstatement temporary license in a manner prescribed by the
25122512 board, and such application shall be accompanied by the fee established
25132513 under K.S.A. 65-6411, and amendments thereto. A licensee practicing
25142514 under a six-month reinstatement temporary license shall complete the
25152515 continuing education requirements required for a permanent license prior
25162516 to the expiration of the temporary license and notify the board upon such
25172517 completion. A six-month reinstatement temporary license shall not be
25182518 extended or renewed.
25192519 (d)(f) Within 30 days after any change of permanent address, a
25202520 licensee shall notify the board of such change.
25212521 Sec. 18. K.S.A. 2022 Supp. 65-6411 is hereby amended to read as
25222522 follows: 65-6411. (a) The board may fix collect the following fees, and
25232523 any such fees shall be established by rules and regulations adopted by the
25242524 board:
25252525 (1) For application for licensure as a marriage and family therapist,
25262526 not to exceed $150;
25272527 (2) for temporary licensure as a marriage and family therapist, not to
25282528 exceed $175;
25292529 (3) for original licensure as a marriage and family therapist, not to
25302530 exceed $175;
25312531 (4) for renewal for licensure as a marriage and family therapist, not to
25322532 exceed $175;
25332533 (5) for a six-month reinstatement temporary license as a marriage
25342534 and family therapist, not to exceed $50;
25352535 (6) for application for licensure as a clinical marriage and family
25362536 therapist, not to exceed $175;
25372537 (6)(7) for original licensure as a clinical marriage and family
25382538 therapist, not to exceed $175;
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25822582 (7)(8) for renewal for licensure as a clinical marriage and family
25832583 therapist, not to exceed $175;
25842584 (9) for a six-month reinstatement temporary license as a clinical
25852585 marriage and family therapist, not more than $50;
25862586 (8)(10) for reinstatement of a license, not to exceed $175;
25872587 (9)(11) for replacement of a license, not to exceed $20;
25882588 (10)(12) for renewal penalty, an amount equal to the renewal of
25892589 license;
25902590 (11)(13) for a wallet card license, not to exceed $5; and
25912591 (12)(14) for application for approval as a board-approved clinical
25922592 supervisor, not to exceed $50.
25932593 (b) Fees paid to the board are not refundable.
25942594 Sec. 19. K.S.A. 65-6608 is hereby amended to read as follows: 65-
25952595 6608. As used in the addiction counselor licensure act:
25962596 (a) "Board" means the behavioral sciences regulatory board created
25972597 under K.S.A. 74-7501, and amendments thereto.
25982598 (b) "Addiction counseling" means the utilization of special skills to
25992599 assist persons with addictions, and to assist such persons' families and
26002600 friends to achieve resolution of addiction through the exploration of the
26012601 disease and its ramifications, the examination of attitudes and feelings, the
26022602 consideration of alternative solutions and decision making, as these relate
26032603 specifically to addiction. Evaluation and assessment, treatment including
26042604 treatment plan development, crisis intervention, referral, record keeping
26052605 and clinical consultation specifically related to addiction are within the
26062606 scope of addiction counseling. Additionally, at the clinical level of
26072607 licensure, addiction counseling includes independent practice and the
26082608 diagnosis and treatment of substance use disorders.
26092609 (b) "Board" means the behavioral sciences regulatory board created
26102610 under K.S.A. 74-7501, and amendments thereto.
26112611 (c) "Extenuating circumstances" means any condition or situation
26122612 caused by events beyond an individual's control that is sufficiently extreme
26132613 in nature to result in the:
26142614 (1) Individual's inability to comply with requirements; or
26152615 (2) inadvisability of requiring the individual to comply with
26162616 requirements.
26172617 (d) "Licensed addiction counselor" means a person who engages in
26182618 the practice of addiction counseling limited to substance use disorders and
26192619 who is licensed under this act. Such person shall engage in the practice of
26202620 addiction counseling in a state-licensed or certified alcohol and other drug
26212621 treatment program or in completing a Kansas domestic violence offender
26222622 assessment for participants in a certified batterer intervention program
26232623 pursuant to K.S.A. 75-7d01 through 75-7d13, and amendments thereto,
26242624 unless otherwise exempt from licensure under K.S.A. 59-29b46(n), and
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26692669 (d) "Licensed master's addiction counselor" means a person who
26702670 engages in the practice of addiction counseling limited to substance use
26712671 disorders and who is licensed under this act. Such person may diagnose
26722672 substance use disorders only under the direction of a licensed clinical
26732673 addiction counselor, a licensed psychologist, a person licensed to practice
26742674 medicine and surgery or a person licensed to provide mental health
26752675 services as an independent practitioner and whose licensure allows for the
26762676 diagnosis and treatment of substance abuse disorders or mental disorders.
26772677 (e) "Licensed clinical addiction counselor" means a person who
26782678 engages in the independent practice of addiction counseling and diagnosis
26792679 and treatment of substance use disorders specified in the edition of the
26802680 American psychiatric association's diagnostic and statistical manual of
26812681 mental disorders (DSM) designated by the board by rules and regulations
26822682 and is licensed under this act.
26832683 (f) "Licensed master's addiction counselor" means a person who
26842684 engages in the practice of addiction counseling limited to substance use
26852685 disorders and who is licensed under the addiction counselor licensure act.
26862686 Such person may diagnose substance use disorders only under the
26872687 direction of a licensed clinical addiction counselor, a licensed
26882688 psychologist, a person licensed to practice medicine and surgery or a
26892689 person licensed to provide mental health services as an independent
26902690 practitioner and whose licensure allows for the diagnosis and treatment of
26912691 substance abuse disorders or mental disorders.
26922692 Sec. 20. K.S.A. 2022 Supp. 65-6610 is hereby amended to read as
26932693 follows: 65-6610. (a) An applicant for licensure as an addiction counselor
26942694 shall furnish evidence that the applicant:
26952695 (1) Has attained 21 years of age;
26962696 (2) (A) has completed at least a baccalaureate degree from an
26972697 addiction counseling program that is part of a college or university
26982698 approved by the board;
26992699 (B) has completed at least a baccalaureate degree from a college or
27002700 university approved by the board. As part of, or in addition to, the
27012701 baccalaureate degree coursework, such applicant shall also complete a
27022702 minimum number of semester hours of coursework on substance use
27032703 disorders as approved by the board;
27042704 (C) is currently licensed in Kansas as a licensed baccalaureate social
27052705 worker and has completed a minimum number of semester hours of
27062706 coursework on substance use disorders as approved by the board; or
27072707 (D) is currently licensed in Kansas by the board as a master social
27082708 worker, specialist clinical social worker, professional counselor, clinical
27092709 professional counselor, marriage and family therapist, clinical marriage
27102710 and family therapist, master's level psychologist, clinical psychotherapist
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27542754 or psychologist. Such licensees shall be eligible to take the examination as
27552755 required by paragraph (3);
27562756 (3) has passed an examination approved by the board;
27572757 (4) has satisfied the board that the applicant is a person who merits
27582758 the public trust; and
27592759 (5) has paid the application fee established by the board under K.S.A.
27602760 65-6618, and amendments thereto, and, upon notification from the board
27612761 that all eligibility requirements have been satisfied, paid the license fee
27622762 established under K.S.A. 65-6618, and amendments thereto.
27632763 (b) Applications for licensure as a master's addiction counselor shall
27642764 be made to the board on a form and in the manner prescribed by the board.
27652765 Each applicant shall furnish evidence satisfactory to the board that the
27662766 applicant:
27672767 (1) (A) Has attained 21 years of age;
27682768 (B) (i) has completed at least a master's degree from an addiction
27692769 counseling program that is part of a college or university approved by the
27702770 board;
27712771 (ii) has completed at least a master's degree from a college or
27722772 university approved by the board. As part of or in addition to the master's
27732773 degree coursework, such applicant shall also complete a minimum number
27742774 of semester hours of coursework supporting the diagnosis and treatment of
27752775 substance use disorders as approved by the board; or
27762776 (iii) is currently licensed in Kansas as a licensed master social
27772777 worker, licensed professional counselor, licensed marriage and family
27782778 therapist or licensed master's level psychologist;
27792779 (C) has passed an examination approved by the board;
27802780 (D) has satisfied the board that the applicant is a person who merits
27812781 the public trust; and
27822782 (E) has paid the application fee fixed set under K.S.A. 65-6618, and
27832783 amendments thereto, and, upon notification from the board that all
27842784 eligibility requirements have been satisfied, paid the license fee as
27852785 provided by K.S.A. 65-6618, and amendments thereto; or
27862786 (2) (A) has met the following requirements on or before July 1, 2016:
27872787 (i) Holds an active license by the board as an addiction counselor; and
27882788 (ii) has completed at least a master's degree in a related field from a
27892789 college or university approved by the board; and
27902790 (B) has completed six hours of continuing education in the diagnosis
27912791 and treatment of substance use disorders during the three years
27922792 immediately preceding the application date.
27932793 (c) Applications for licensure as a clinical addiction counselor shall
27942794 be made to the board on a form and in the manner prescribed by the board.
27952795 Each applicant shall furnish evidence satisfactory to the board that the
27962796 applicant:
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28402840 (1) Has attained 21 years of age;
28412841 (2) (A) (i) has completed at least a master's degree from an addiction
28422842 counseling program that is part of a college or university approved by the
28432843 board; and
28442844 (ii) has completed not less than two years of postgraduate supervised
28452845 professional experience in accordance with a clinical supervision plan
28462846 approved by the board of not less than 3,000 hours of supervised
28472847 professional experience, including at least 1,500 hours of direct client
28482848 contact conducting substance abuse assessments and treatment with
28492849 individuals, couples, families or groups and not less than 100 hours of
28502850 face-to-face clinical supervision, as defined by the board in rules and
28512851 regulations, including not less than 50 hours of individual supervision,
28522852 except that the board may waive the requirement that such supervision be
28532853 face-to-face upon a finding of extenuating circumstances, integrating
28542854 diagnosis and treatment of substance use disorders with use of the
28552855 diagnostic and statistical manual of mental disorders of the American
28562856 psychiatric association, except that the board may waive
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28582858 /2 of the hours
28592859 required by this clause for an individual who has a doctoral degree in
28602860 addiction counseling or a related field approved by the board and who
28612861 completes the required
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28632863 /2 of the hours in not less than one year of
28642864 supervised professional experience; or
28652865 (B) (i) has completed at least a master's degree from a college or
28662866 university approved by the board. As part of or in addition to the master's
28672867 degree coursework, such applicant shall also complete a minimum number
28682868 of semester hours of coursework supporting the diagnosis and treatment of
28692869 substance use disorders as approved by the board; and
28702870 (ii) has completed not less than two years of postgraduate supervised
28712871 professional experience in accordance with a clinical supervision plan
28722872 approved by the board of not less than 3,000 hours of supervised
28732873 professional experience, including at least 1,500 hours of direct client
28742874 contact conducting substance abuse assessments and treatment with
28752875 individuals, couples, families or groups and not less than 100 hours of
28762876 face-to-face clinical supervision, as defined by the board in rules and
28772877 regulations, including not less than 50 hours of individual supervision,
28782878 except that the board may waive the requirement that such supervision be
28792879 face-to-face upon a finding of extenuating circumstances, integrating
28802880 diagnosis and treatment of substance use disorders with use of the
28812881 diagnostic and statistical manual of mental disorders of the American
28822882 psychiatric association, except that the board may waive
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28852885 required by this clause for an individual who has a doctoral degree in
28862886 addiction counseling or a related field approved by the board and who
28872887 completes the required
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28902890 supervised professional experience; or
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29342934 (C) (i) has completed a master's degree from a college or university
29352935 approved by the board and is licensed by the board as a licensed master's
29362936 addiction counselor; and
29372937 (ii) has completed not less than two years of postgraduate supervised
29382938 professional experience in accordance with a clinical supervision plan
29392939 approved by the board of not less than 3,000 hours of supervised
29402940 professional experience, including at least 1,500 hours of direct client
29412941 contact conducting substance abuse assessments and treatment with
29422942 individuals, couples, families or groups and not less than 100 hours of
29432943 face-to-face clinical supervision, as defined by the board in rules and
29442944 regulations, including not less than 50 hours of individual supervision,
29452945 except that the board may waive the requirement that such supervision be
29462946 face-to-face upon a finding of extenuating circumstances, integrating
29472947 diagnosis and treatment of substance use disorders with use of the
29482948 diagnostic and statistical manual of mental disorders of the American
29492949 psychiatric association, except that the board may waive
29502950 1
29512951 /2 of the hours
29522952 required by this clause for an individual who has a doctoral degree in
29532953 addiction counseling or a related field approved by the board and who
29542954 completes the required
29552955 1
29562956 /2 of the hours in not less than one year of
29572957 supervised professional experience; or
29582958 (D) is currently licensed in Kansas as a licensed psychologist,
29592959 licensed specialist clinical social worker, licensed clinical professional
29602960 counselor, licensed clinical psychotherapist or licensed clinical marriage
29612961 and family therapist and provides to the board an attestation from a
29622962 professional licensed to diagnose and treat mental disorders, or substance
29632963 use disorders, or both, in independent practice or licensed to practice
29642964 medicine and surgery stating that the applicant is competent to diagnose
29652965 and treat substance use disorders;
29662966 (3) has passed an examination approved by the board;
29672967 (4) has satisfied the board that the applicant is a person who merits
29682968 the public trust; and
29692969 (5) has paid the application fee fixed set under K.S.A. 65-6618, and
29702970 amendments thereto, and, upon notification from the board that all
29712971 eligibility requirements have been satisfied, paid the license fee
29722972 established under K.S.A. 65-6618, and amendments thereto.
29732973 Sec. 21. K.S.A. 2022 Supp. 65-6611 is hereby amended to read as
29742974 follows: 65-6611. (a) A person who is waiting to take the examination for
29752975 licensure as an addiction counselor may apply to the board for a temporary
29762976 addiction counselor license to practice as a licensed addiction counselor
29772977 by:
29782978 (1) Paying a fee for a temporary license fixed set under K.S.A. 65-
29792979 6618, and amendments thereto; and
29802980 (2) meeting the application requirements as stated in K.S.A. 65-
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30243024 6610(a)(1), (a)(2), (a)(4) and (a)(5), and amendments thereto.
30253025 (b) A person who is waiting to take the examination for licensure as a
30263026 master's addiction counselor may apply to the board for a temporary
30273027 master's addiction counselor license to practice as a licensed master's
30283028 addiction counselor by:
30293029 (1) Paying a fee for a temporary license fixed set under K.S.A. 65-
30303030 6618, and amendments thereto; and
30313031 (2) meeting the application requirements as stated in K.S.A. 65-
30323032 6610(b)(1)(A), (b)(1)(B), (b)(1)(D) and (b)(1)(E), and amendments
30333033 thereto.
30343034 (c) (1) A temporary addiction counselor license or temporary
30353035 master's addiction counselor license may be issued by the board after the
30363036 application has been reviewed and approved by the board and the applicant
30373037 has paid the appropriate fee set by the board for issuance of new licenses.
30383038 (2) Absent extenuating circumstances approved by the board, a
30393039 temporary addiction counselor license or a temporary master's addiction
30403040 counselor license issued by the board shall expire upon the date the board
30413041 issues or denies the person a license to practice addiction counseling or 12
30423042 24 months after the date of issuance of the temporary addiction counselor
30433043 license or temporary master's addiction counselor license.
30443044 (3) No temporary addiction counselor license or temporary master's
30453045 addiction counselor license will be renewed or issued again on any
30463046 subsequent application for the same license level. The preceding provision
30473047 in no way limits the number of times an applicant may take the
30483048 examination.
30493049 (d) A person practicing addiction counseling with a temporary
30503050 addiction counselor license or a temporary master's addiction counselor
30513051 license may not use the title "licensed addiction counselor" or "licensed
30523052 master's addiction counselor" or use the initials "LAC" or "LMAC"
30533053 independently. The word "licensed" may be used only when followed by
30543054 the words "by temporary license."
30553055 (e) No person may practice addiction counseling under a temporary
30563056 addiction counselor license or a temporary master's addiction counselor
30573057 license except in a licensed or certified alcohol and other drug abuse
30583058 program, under the direction of a person licensed by the behavioral
30593059 sciences regulatory board at the clinical level or a person licensed to
30603060 practice medicine and surgery.
30613061 (f) Nothing in this section shall affect any temporary license to
30623062 practice issued under this section prior to the effective date of this act and
30633063 in effect on the effective date of this act. Such temporary license shall be
30643064 subject to the provisions of this section in effect at the time of its issuance
30653065 and shall continue to be effective until the date of expiration of the license
30663066 as provided under this section at the time of issuance of such license.
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31103110 (g) A person may apply to the board for a student temporary
31113111 addiction counselor license to practice as a student temporary addiction
31123112 counselor, on a form and in the manner prescribed by the board, by:
31133113 (1) Providing documentation of completing at least 60 credit hours
31143114 from an institution of higher education with an emphasis in addiction
31153115 counseling or a related field, as defined by the board in rules and
31163116 regulations;
31173117 (2) providing a signed attestation indicating the applicant's intention
31183118 to pursue licensure as a licensed addiction counselor with a plan to
31193119 complete the education requirements toward a licensed addiction
31203120 counseling license within 48 months;
31213121 (3) providing an education plan, signed by an official of the
31223122 institution of higher education, including steps to obtain coursework
31233123 necessary to receive an addiction counselor license;
31243124 (4) providing a signed attestation from a prospective employer who
31253125 intends to offer employment when the applicant receives the student
31263126 temporary addiction counselor license;
31273127 (5) submitting a supervision plan signed by a person who is
31283128 employed by the prospective employer and who would be providing
31293129 supervision to the applicant under K.S.A. 65-6611(i), and amendments
31303130 thereto. Such supervision plan shall include not less than 4 hours of
31313131 supervision per month and not fewer than 2 supervision meetings per
31323132 month. A maximum of 2 hours per month may be in group supervision;
31333133 (6) satisfying the board that the applicant is a person who merits the
31343134 public trust;
31353135 (7) attaining 20 years of age; and
31363136 (8) paying a fee for a student temporary addiction counselor license
31373137 established under K.S.A. 65-6618, and amendments thereto.
31383138 (h) A student temporary addiction counselor license issued by the
31393139 board shall expire upon the date the board issues the person a permanent
31403140 license to practice addiction counseling or 24 months after the date of
31413141 issuance of the student temporary addiction counselor license. A student
31423142 temporary addiction counselor license may be renewed for one additional
31433143 24-month period by demonstrating:
31443144 (1) Evidence of the person's compliance with the education plan,
31453145 including completion of coursework and remaining in good standing with
31463146 the institution of higher education;
31473147 (2) changes or updates to the education plan signed by a
31483148 representative of the institution of higher education;
31493149 (3) evidence of supervision logs signed by the supervisor and student
31503150 for the periods of supervision; and
31513151 (4) paying a fee for renewal of a student temporary addiction
31523152 counselor license established under K.S.A. 65-6618, and amendments
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31963196 thereto.
31973197 (i) No person may practice addiction counseling under a student
31983198 temporary addiction counselor license except in a licensed or certified
31993199 alcohol and other drug abuse program, a certified community behavioral
32003200 health clinic or a community mental health center, supervised by a person
32013201 licensed by the behavioral sciences regulatory board as an addiction
32023202 counselor, master's addiction counselor or clinical addiction counselor or
32033203 other individual licensed by the behavioral sciences regulatory board
32043204 holding a license as a master's social worker, specialist clinical social
32053205 worker, professional counselor, clinical professional counselor, marriage
32063206 and family therapist, clinical marriage and family therapist, master's level
32073207 psychologist, clinical psychotherapist or psychologist.
32083208 Sec. 22. K.S.A. 2022 Supp. 65-6613 is hereby amended to read as
32093209 follows: 65-6613. (a) The board may issue a license to an individual who
32103210 is currently registered, certified or licensed to practice addiction
32113211 counseling in another jurisdiction if the board determines that:
32123212 (1) The standards for registration, certification or licensure to practice
32133213 addiction counseling in the other jurisdiction are substantially the
32143214 equivalent of the requirements of the addiction counselor licensure act and
32153215 rules and regulations of the board; or
32163216 (2) the applicant demonstrates on forms provided by the board
32173217 compliance with the following standards as adopted by the board:
32183218 (A) Registration, certification or licensure to practice as an addiction
32193219 counselor with a similar scope of practice for at least 48 of the last 54 12
32203220 months immediately preceding the application with at least the minimum
32213221 professional experience as established by rules and regulations of the
32223222 board;
32233223 (B) the absence of disciplinary actions of a serious nature brought by
32243224 a registration, certification or licensing board or agency; and
32253225 (C) completion of at least a baccalaureate degree from a college or
32263226 university approved by the board.
32273227 (b) The board may issue a license to an individual who is currently
32283228 registered, certified or licensed to practice addiction counseling at the
32293229 master's level in another jurisdiction if the board determines that:
32303230 (1) (A) The standards for registration, certification or licensure to
32313231 practice addiction counseling at the master's level in the other jurisdiction
32323232 are substantially the equivalent of the requirements of the addiction
32333233 counselor licensure act and rules and regulations of the board; and
32343234 (B) completion of at least a master's degree from a college or
32353235 university approved by the board; or
32363236 (2) the applicant demonstrates on forms provided by the board
32373237 compliance with the following standards as adopted by the board:
32383238 (A) Registration, certification or licensure to practice addiction
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32823282 counseling at the master's level with a similar scope of practice for at least
32833283 48 of the last 54 12 months immediately preceding the application with at
32843284 least the minimum professional experience as established by rules and
32853285 regulations of the board;
32863286 (B) the absence of disciplinary actions of a serious nature brought by
32873287 a registration, certification or licensing board or agency; and
32883288 (C) completion of at least a master's degree from a college or
32893289 university approved by the board.
32903290 (c) The board may issue a license to an individual who is currently
32913291 registered, certified or licensed to practice addiction counseling at the
32923292 clinical level in another jurisdiction if the board determines that:
32933293 (1) (A) The standards for registration, certification or licensure to
32943294 practice addiction counseling at the clinical level in the other jurisdiction
32953295 are substantially the equivalent of the requirements of the addiction
32963296 counselor licensure act and rules and regulations of the board; and
32973297 (B) the applicant demonstrates completion of at least a master's
32983298 degree from a college or university approved by the board; or
32993299 (2) the applicant demonstrates on forms provided by the board
33003300 compliance with the following standards as adopted by the board:
33013301 (A) Registration, certification or licensure to practice addiction
33023302 counseling at the clinical level with a similar scope of practice for at least
33033303 48 of the last 54 12 months immediately preceding the application with at
33043304 least the minimum professional experience as established by rules and
33053305 regulations of the board;
33063306 (B) the absence of disciplinary actions of a serious nature brought by
33073307 a registration, certification or licensing board or agency;
33083308 (C) completion of at least a master's degree from a college or
33093309 university approved by the board; and
33103310 (D) at least two of the following areas acceptable to the board:
33113311 (i) Either coursework as established by rules and regulations of the
33123312 board or passing a national clinical examination approved by the board;
33133313 (ii) three years of clinical practice with demonstrated experience
33143314 supporting diagnosing or treating substance use disorders; or
33153315 (iii) attestation from a professional licensed to diagnose and treat
33163316 mental disorders, or substance use disorders, or both, in independent
33173317 practice or licensed to practice medicine and surgery, stating that the
33183318 applicant is competent to diagnose and treat substance use disorders.
33193319 (d) An applicant for a license under this section shall pay an
33203320 application fee established by the board under K.S.A. 65-6618, and
33213321 amendments thereto, if required by the board. Upon notification from the
33223322 board that all eligibility requirements have been satisfied, the applicant
33233323 shall submit the license fee as provided in K.S.A. 65-6618, and
33243324 amendments thereto.
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33683368 Sec. 23. K.S.A. 65-6614 is hereby amended to read as follows: 65-
33693369 6614. (a) An applicant who meets the requirements for licensure pursuant
33703370 to this act, has paid the license fee provided for by K.S.A. 65-6618, and
33713371 amendments thereto, and has otherwise complied with the provisions of
33723372 this act shall be licensed by the board.
33733373 (b) Licenses issued pursuant to this act shall expire 24 months from
33743374 the date of issuance unless revoked prior to that time. A license may be
33753375 renewed upon application and payment of the fee provided for by K.S.A.
33763376 65-6618, and amendments thereto. The application for renewal shall be
33773377 accompanied by evidence satisfactory to the board that the applicant has
33783378 completed during the previous 24 months the continuing education
33793379 required by rules and regulations of the board, including not less than three
33803380 hours in ethics. In addition Prior to July 1, 2025, as part of such
33813381 continuing education, the master's addiction counselor applicant and the
33823382 clinical addiction counselor applicant shall complete not less than six
33833383 continuing education hours relating to diagnosis and treatment of
33843384 substance use disorders. On and after July 1, 2025, as part of such
33853385 continuing education:
33863386 (1) A master's addiction counselor applicant or clinical addiction
33873387 counselor applicant shall complete not less than three continuing
33883388 education hours relating to diagnosis and treatment of mental disorders;
33893389 and
33903390 (2) a licensed addiction counselor applicant, master's addiction
33913391 counselor applicant or clinical addiction counselor applicant shall
33923392 complete not less than three continuing education hours in cultural
33933393 diversity. Acceptable continuing education hours in cultural diversity shall
33943394 include, but not be limited to, professional development regarding age,
33953395 disability, ethnicity, gender, gender identity, language, national origin,
33963396 race, religion, cultural, sexual orientation and socioeconomic status.
33973397 (c) (1) A licensee who is unable to complete the required continuing
33983398 education hours for renewal may request additional time to complete any
33993399 remaining continuing education hours. Such request shall be made to the
34003400 board not later than 30 calendar days prior to the expiration of the license
34013401 and shall include:
34023402 (A) The licensee's reason for requesting additional time, showing
34033403 extenuating circumstances for why the hours could not be completed
34043404 during the license period; and
34053405 (B) a plan outlining the manner in which the licensee intends to
34063406 complete the remaining continuing education hours.
34073407 (2) The board may grant a licensee up to three additional months
34083408 beyond the license expiration date to complete the required continuing
34093409 education hours.
34103410 (3) A licensee who receives additional time to complete continuing
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34543454 education hours under this subsection shall:
34553455 (A) Renew the license prior to the license expiration date and report
34563456 to the board the number of continuing education hours completed on such
34573457 date;
34583458 (B) notify the board upon completing the remaining continuing
34593459 education hours; and
34603460 (C) be subject to an audit by the board of the total number of
34613461 continuing education hours completed for the applicable license period.
34623462 (4) Continuing education hours completed during additional time
34633463 granted under this subsection shall be credited only toward the
34643464 requirements for the license period for which additional time is granted.
34653465 (5) A licensee shall not be approved for additional time to complete
34663466 continuing education requirements in consecutive license periods.
34673467 (d) A person whose license has been suspended or revoked may make
34683468 written application to the board requesting reinstatement of the license
34693469 upon termination of the period of suspension or revocation in a manner
34703470 prescribed by the board, which application shall be accompanied by the
34713471 fee provided for by K.S.A. 65-6618, and amendments thereto.
34723472 (e) (1) A person whose license has expired may make written
34733473 application to the board requesting reinstatement of the license in a
34743474 manner prescribed by the board, and such application shall be
34753475 accompanied by:
34763476 (A) The renewal fee established under K.S.A. 65-6618, and
34773477 amendments thereto, and, for any person whose license has been expired
34783478 for one year or less, an additional fee equal to the renewal fee; and
34793479 (B) evidence satisfactory to the board that the person has completed
34803480 during the previous 24 months the continuing education requirements for
34813481 one license period.
34823482 (2) A person requesting to reinstate a license that has been expired
34833483 for longer than one year who has not completed the necessary continuing
34843484 education hours for reinstatement may submit an application for a six-
34853485 month reinstatement temporary license in a manner prescribed by the
34863486 board, and such application shall be accompanied by the fee established
34873487 under K.S.A. 65-6618, and amendments thereto. A licensee practicing
34883488 under a six-month reinstatement temporary license shall complete the
34893489 continuing education requirements required for a permanent license prior
34903490 to the expiration of the temporary license and notify the board upon such
34913491 completion. A six-month reinstatement temporary license shall not be
34923492 extended or renewed.
34933493 (d)(f) Within 30 days after any change of permanent address, a
34943494 licensee shall notify the board of such change.
34953495 Sec. 24. K.S.A. 65-6618 is hereby amended to read as follows: 65-
34963496 6618. (a) The board may fix collect the following fees, and any such fees
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35403540 shall be established by rules and regulations adopted by the board:
35413541 (1) For application for licensure as an addiction counselor, not to
35423542 exceed $150;
35433543 (2) for original licensure as an addiction counselor, not to exceed
35443544 $150;
35453545 (3) for renewal for licensure as an addiction counselor, not to exceed
35463546 $150;
35473547 (4) for a temporary license as an addiction counselor, not to exceed
35483548 $100;
35493549 (5) for a six-month reinstatement temporary license as an addiction
35503550 counselor, not to exceed $50;
35513551 (6) for a student temporary addiction counselor license, not to exceed
35523552 $100;
35533553 (7) for renewal for a student temporary addiction counselor license,
35543554 not to exceed $100;
35553555 (8) for application for licensure as a master's addiction counselor, not
35563556 to exceed $150;
35573557 (6)(9) for original licensure as a master's addiction counselor, not to
35583558 exceed $150;
35593559 (7)(10) for renewal for licensure as a master's addiction counselor, not
35603560 to exceed $150;
35613561 (11) for a temporary license as a master's addiction counselor, not to
35623562 exceed $100;
35633563 (12) for a six-month reinstatement temporary license as a master's
35643564 addiction counselor, not to exceed $50;
35653565 (8)(13) for application for licensure as a clinical addiction counselor,
35663566 not to exceed $150;
35673567 (9)(14) for original licensure as a clinical addiction counselor, not to
35683568 exceed $150;
35693569 (10)(15) for renewal for licensure as a clinical addiction counselor,
35703570 not to exceed $150;
35713571 (16) for a six-month reinstatement temporary license as a clinical
35723572 addiction counselor, not to exceed $50;
35733573 (11)(17) for a temporary permit to practice clinical addiction
35743574 counseling, not to exceed $200;
35753575 (12)(18) for extension of a temporary permit to practice clinical
35763576 addiction counseling, not to exceed $200;
35773577 (13)(19) for reinstatement of a license, not to exceed $150;
35783578 (14)(20) for replacement of a license, not to exceed $20;
35793579 (15)(21) for late renewal penalty, an amount equal to the fee for
35803580 renewal; and
35813581 (16)(22) for a wallet license, not more than $5.
35823582 (b) The board shall require that fees paid for any examination under
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36263626 the addiction counselor licensure act be paid directly to the examination
36273627 services by the person taking the examination.
36283628 (c) Fees paid to the board are not refundable.
36293629 Sec. 25. K.S.A. 65-7504 is hereby amended to read as follows: 65-
36303630 7504. (a) The board may deny, suspend, revoke or refuse renewal of any
36313631 license issued under this act if the board finds that the applicant or license
36323632 holder has refuse to issue, renew or reinstate a license, may condition,
36333633 limit, revoke or suspend a license, may publicly or privately censure a
36343634 licensee or may impose a fine not to exceed $1,000 per violation upon a
36353635 finding that a licensee or an applicant for licensure has:
36363636 (1) Used any controlled substance or alcoholic beverage to an extent
36373637 that such use impairs such person's ability to perform the work of any
36383638 profession licensed or regulated by this act.
36393639 (2) The person has Been finally adjudicated and found guilty, or
36403640 entered a plea of guilty or nolo contendere, in a criminal prosecution under
36413641 the laws of any state or of the United States, for any offense reasonably
36423642 related to the qualifications, functions or duties of any professional
36433643 licensed or regulated under this act, for any offense an essential element of
36443644 which is fraud, dishonesty or an act of violence, or for any offense
36453645 involving moral turpitude, whether or not a sentence is imposed.
36463646 (3) Used any fraud, deception or misrepresentation in securing any
36473647 license issued under this act.
36483648 (4) Obtained or attempted to obtain any fee, charge, tuition or other
36493649 compensation by fraud, deception or misrepresentation.
36503650 (5) Committed any act of incompetency, misconduct, gross
36513651 negligence, fraud, misrepresentation or dishonesty in the performance of
36523652 the functions or duties of any profession licensed by the board.
36533653 (6) Committed any violation of or assisted or enabled any person to
36543654 violate any provision of this act or any rule and regulation promulgated
36553655 thereunder.
36563656 (7) Impersonated any person holding a certificate of registration or
36573657 authority, permit or license or allowed any other person to use such
36583658 person's certificate of registration or authority, permit, license or diploma
36593659 from any school.
36603660 (8) Been disciplined in any action by another state, territory, federal
36613661 agency or country which would constitute grounds for a license issued
36623662 under this act being suspended or revoked.
36633663 (9) Been finally adjudged insane or incapacitated by a court of
36643664 competent jurisdiction.
36653665 (10) Assisted or enabled any person to practice or offer to practice
36663666 any profession licensed or regulated by the board when such person is not
36673667 eligible to practice such profession as required by law.
36683668 (11) Issued any certificate of registration or authority, permit or
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37123712 license based upon a material mistake of fact.
37133713 (12) Failed to display a valid certificate or license if so required by
37143714 this act or any rules and regulations promulgated thereunder.
37153715 (13) Violated any professional trust or confidence.
37163716 (14) Used any advertisement or solicitation which is false, misleading
37173717 or deceptive to the general public or persons to whom the advertisement or
37183718 solicitation is primarily directed.
37193719 (15) Been found guilty of to have engaged in unprofessional conduct
37203720 or professional incompetency as defined by the board by applicable rules
37213721 and regulations adopted by the board.
37223722 (16) Violated any lawful order or directive of the board previously
37233723 entered by the board.
37243724 (b) Any action taken under this section which affects any license or
37253725 imposes any administrative penalty shall be taken only after notice and an
37263726 opportunity for a hearing conducted in accordance with the provisions
37273727 of Administrative proceedings and disciplinary actions regarding
37283728 licensure under the applied behavior analysis licensure act shall be
37293729 conducted in accordance with the Kansas administrative procedure act.
37303730 Judicial review and civil enforcement of agency actions under the applied
37313731 behavior analysis licensure act shall be in accordance with the Kansas
37323732 judicial review act.
37333733 Sec. 26. K.S.A. 65-7505 is hereby amended to read as follows: 65-
37343734 7505. The board shall promulgate adopt rules and regulations necessary to
37353735 implement and administer this act. Such rules and regulations shall
37363736 include, but not be limited to:
37373737 (a) The form and content of license applications required and the
37383738 procedures for filing an application for an initial or renewal license or
37393739 reinstatement in this state;
37403740 (b) the establishment of fees for licenses, and the renewal and
37413741 reinstatement thereof, to cover all or any part of the cost of administering
37423742 the provisions of this act;
37433743 (c) the educational and training requirements for licensed behavior
37443744 analysts and licensed assistant behavior analysts;
37453745 (d) the roles, responsibilities and duties of licensed behavior analysts
37463746 and licensed assistant behavior analysts;
37473747 (e) the characteristics of supervision and supervised clinical
37483748 practicum experience for the licensed behavior analysts and the licensed
37493749 assistant behavior analysts;
37503750 (f) the supervision of licensed behavior analysts and licensed assistant
37513751 behavior analysts;
37523752 (g) the requirements for continuing education for licensed behavior
37533753 analysts and licensed assistant behavior analysts;
37543754 (h) standards of professional competency;
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37983798 (i) standards of professional conduct; and
37993799 (j) such other rules and regulations as the board deems necessary to
38003800 carry out the provisions of this act.
38013801 Sec. 27. K.S.A. 74-5302 is hereby amended to read as follows: 74-
38023802 5302. For the purpose of this act the following definitions shall applyAs
38033803 used in the licensure of psychologists act of the state of Kansas:
38043804 (a) "Board" means the behavioral sciences regulatory board created
38053805 by K.S.A. 74-7501, and amendments thereto.
38063806 (b) "Extenuating circumstances" means any condition or situation
38073807 caused by events beyond an individual's control that is sufficiently extreme
38083808 in nature to result in the:
38093809 (1) Individual's inability to comply with requirements; or
38103810 (2) inadvisability of requiring the individual to comply with
38113811 requirements.
38123812 (c) "License" means a license as a psychologist issued by the board.
38133813 (d) "Licensed psychologist" means a person licensed by the board
38143814 under the provisions of the licensure of psychologists act of the state of
38153815 Kansas.
38163816 (e) "Merits the public trust" means that an applicant or licensee
38173817 possesses the high standard of good moral character and fitness that is
38183818 required to practice psychology as demonstrated by the following personal
38193819 qualities:
38203820 (1) Good judgment;
38213821 (2) integrity;
38223822 (3) honesty;
38233823 (4) fairness;
38243824 (5) credibility;
38253825 (6) reliability;
38263826 (7) respect for others;
38273827 (8) respect for the laws of this state and the nation;
38283828 (9) self-discipline;
38293829 (10) self-evaluation;
38303830 (11) initiative; and
38313831 (12) commitment to the psychology profession and its values and
38323832 ethics.
38333833 (f) "Practice of psychology" means the application of established
38343834 principles of learning, motivation, perception, thinking and emotional
38353835 relationships to problems of behavior adjustment, group relations and
38363836 behavior modification, by persons trained in psychology. The application
38373837 of such principles includes, but is not restricted to, counseling and the use
38383838 of psychological remedial measures with persons, in groups or
38393839 individually, having adjustment or emotional problems in the areas of
38403840 work, family, school and personal relationships; measuring and testing
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38843884 personality, intelligence, aptitudes, public opinion, attitudes and skills; the
38853885 teaching of such subject matter; and the conducting of research on
38863886 problems relating to human behavior, except that in all cases involving the
38873887 care of the sick and ill as defined by the laws of this state, the primary
38883888 responsibility devolves upon those licensed under the Kansas healing arts
38893889 act. The practice of psychology includes the diagnosis and treatment of
38903890 mental disorders specified in the edition of the diagnostic and statistical
38913891 manual of mental disorders of the American psychiatric association
38923892 designated by the board by rules and regulations. If a licensed psychologist
38933893 cannot make an independent diagnosis of a mental disorder, such
38943894 psychologist shall consult with the client's primary care physician or
38953895 psychiatrist to determine if there may be a medical condition or medication
38963896 that may be causing or contributing to the client's symptoms of a mental
38973897 disorder. A client may request in writing that such consultation be waived
38983898 and such request shall be made a part of the client's record. A licensed
38993899 psychologist may continue to evaluate and treat the client until such time
39003900 that the medical consultation is obtained or waived.
39013901 (b)(g) "Represents oneself to be a psychologist" means that a person
39023902 engages in the practice of psychology for a fee, monetary or otherwise, or
39033903 holds oneself out to the public by any title or description of services
39043904 incorporating the word "psychologic," "psychological," "psychologist" or
39053905 "psychology" and under such title or description offers to render or renders
39063906 services to individuals, corporations or the public for a fee, monetary or
39073907 otherwise.
39083908 (c) "Board" means the behavioral sciences regulatory board created
39093909 by K.S.A. 74-7501 and amendments thereto.
39103910 (d) "License" means a license as a psychologist issued by the board.
39113911 (e) "Licensed psychologist" means a person licensed by the board
39123912 under the provisions of this act.
39133913 Sec. 28. K.S.A. 2022 Supp. 74-5310 is hereby amended to read as
39143914 follows: 74-5310. (a) The board shall issue a license as a psychologist to
39153915 any person who pays a nonrefundable application fee prescribed by the
39163916 board, if required by the board, not in excess of $225 and, if required by
39173917 the board, a nonrefundable original license fee not in excess of $150, who
39183918 satisfies the board as to such person's training and experience after a
39193919 thorough review of such person's credentials and who passes a satisfactory
39203920 examination in psychology. Any person paying the fee must shall also
39213921 submit evidence verified by oath and satisfactory to the board that such
39223922 person:
39233923 (1) Is at least 21 years of age;
39243924 (2) is of good moral character a person who merits the public trust;
39253925 (3) has received the doctor's degree based on a program of studies in
39263926 content primarily psychological from an educational institution having a
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39703970 graduate program with standards consistent with those of the state
39713971 universities of Kansas, or the substantial equivalent of such program in
39723972 both subject matter and extent of training; and
39733973 (4) has had at least two years of supervised experience, a significant
39743974 portion of which shall have been spent in rendering psychological services
39753975 satisfying the board's approved standards for the psychological service
39763976 concerned.
39773977 (b) The board shall adopt rules and regulations establishing the
39783978 criteria which an educational institution shall satisfy in meeting the
39793979 requirements established under subsection (a)(3). The board may send a
39803980 questionnaire developed by the board to any educational institution for
39813981 which the board does not have sufficient information to determine whether
39823982 the educational institution meets the requirements of subsection (a)(3) and
39833983 rules and regulations adopted under this section. The questionnaire
39843984 providing the necessary information shall be completed and returned to the
39853985 board in order for the educational institution to be considered for approval.
39863986 The board may contract with investigative agencies, commissions or
39873987 consultants to assist the board in obtaining information about educational
39883988 institutions. In entering such contracts the authority to approve educational
39893989 institutions shall remain solely with the board.
39903990 Sec. 29. K.S.A. 2022 Supp. 74-5315 is hereby amended to read as
39913991 follows: 74-5315. (a) The board may grant a license to any person who, at
39923992 the time of application, is registered, certified or licensed as a psychologist
39933993 at the doctoral level in another jurisdiction if the board determines that:
39943994 (1) The requirements of such jurisdiction for such certification or
39953995 licensure are substantially the equivalent of the requirements of this state;
39963996 or
39973997 (2) the applicant demonstrates on forms provided by the board
39983998 compliance with the following standards as adopted by the board:
39993999 (A) Registration, certification or licensure as a psychologist at the
40004000 doctoral level with a similar scope of practice for at least 48 of the last 54
40014001 12 months immediately preceding the application with at least the
40024002 minimum professional experience as established by rules and regulations
40034003 of the board;
40044004 (B) the absence of disciplinary actions of a serious nature brought by
40054005 a registration, certification or licensing board or agency; and
40064006 (C) a doctoral degree in psychology from a regionally accredited
40074007 university or college.
40084008 (b) An applicant for a license under this section shall pay an
40094009 application fee established by the board under K.S.A. 74-5310, and
40104010 amendments thereto, if required by the board. Upon notification from the
40114011 board that all eligibility requirements have been satisfied, the applicant
40124012 shall pay the license fee as provided in K.S.A. 74-5310, and amendments
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40564056 thereto.
40574057 Sec. 30. K.S.A. 2022 Supp. 74-5316 is hereby amended to read as
40584058 follows: 74-5316. (a) Upon application, the board may issue temporary
40594059 licenses to persons who have met all qualifications for licensure under the
40604060 provisions of the licensure of psychologists act of the state of Kansas,
40614061 except passage of the required examination, pursuant to K.S.A. 74-5310,
40624062 and amendments thereto, who have paid the required application and
40634063 temporary license fees and who have submitted documentation as required
40644064 by the board, under the following:
40654065 (1) Absent extenuating circumstances approved by the board, a
40664066 temporary license issued by the board shall expire upon the earlier of the
40674067 date the board issues or denies a license to practice psychology or two
40684068 years after the date of issuance of the temporary license. No temporary
40694069 license shall be renewed or issued again on any subsequent application for
40704070 licensure under the provisions of the licensure of psychologists act of the
40714071 state of Kansas. This paragraph shall not limit the number of times that an
40724072 applicant may take the required examination;
40734073 (2) the board shall adopt rules and regulations prescribing continuing
40744074 education requirements for temporary licensees, including, but not limited
40754075 to, a requirement that temporary licensees shall complete a minimum of 25
40764076 contact hours of continuing education during the two-year period of
40774077 temporary licensure, which shall include a minimum of three hours in
40784078 psychology ethics;
40794079 (3) no person may shall work under a temporary license except under
40804080 the supervision of a licensed psychologist as prescribed in rules and
40814081 regulations adopted by the board; and
40824082 (4)(3) the fee for such temporary license may be fixed set by the
40834083 board and shall not exceed $200, and any such fee shall be established by
40844084 rules and regulations adopted by the board.
40854085 (b) Upon application, the board may issue temporary licenses not to
40864086 exceed two years to persons who have completed all requirements for a
40874087 doctoral degree approved by the board but have not received such degree
40884088 conferral or who have met all qualifications for licensure under provisions
40894089 of such act, except completion of the postdoctoral supervised work
40904090 experience pursuant to K.S.A. 74-5310(a)(4), and amendments thereto,
40914091 who have paid the required application and temporary license fees and
40924092 who have submitted documentation as required by the board, under the
40934093 following:
40944094 (1) The temporary license shall expire at the end of the two-year
40954095 period after issuance or if such temporary licensee is denied a license to
40964096 practice psychology;
40974097 (2) the temporary license may be renewed for one additional two-year
40984098 period;
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41424142 (3) no temporary license shall be issued again on any subsequent
41434143 application for licensure under the provisions of the licensure of
41444144 psychologists act of the state of Kansas. This paragraph shall not limit the
41454145 number of times that an applicant may take the required examination;
41464146 (4) temporary licensees shall be working toward the completion of
41474147 the postdoctoral supervised work experience prescribed in K.S.A. 74-
41484148 5310(a)(4), and amendments thereto;
41494149 (5) the board shall adopt rules and regulations prescribing continuing
41504150 education requirements for temporary licensees, including, but not limited
41514151 to, a requirement that temporary licensees shall complete a minimum of 25
41524152 contact hours of continuing education during the two-year period of
41534153 temporary licensure, which shall include a minimum of three hours in
41544154 psychology ethics;
41554155 (6) no temporary licensee may shall work under a temporary license
41564156 except under the supervision of a licensed psychologist as prescribed in
41574157 rules and regulations adopted by the board; and
41584158 (7)(6) the fee for a renewal of the temporary license may be fixed set
41594159 by the board and shall not exceed $200 per issuance, and any such fee
41604160 shall be established by rules and regulations adopted by the board.
41614161 (c) A person practicing psychology with a temporary license may
41624162 shall not use the title "licensed psychologist" or the initials "LP,"
41634163 independently. The word "licensed" may be used only when preceded by
41644164 the word "temporary."
41654165 (d) This section shall be a part of and supplemental to the provisions
41664166 of article 53 of chapter 74 of the Kansas Statutes Annotated, and
41674167 amendments thereto.
41684168 (e) As used in this section, "temporary licensee" means any person
41694169 practicing psychology with a temporary license pursuant to subsection (a)
41704170 or (b).
41714171 Sec. 31. K.S.A. 74-5318 is hereby amended to read as follows: 74-
41724172 5318. (a) An application for renewal shall be accompanied by evidence
41734173 satisfactory to the board that the applicant has completed, during the
41744174 previous 24 months, the continuing education required by rules and
41754175 regulations of the board. Prior to July 1, 2025, as part of such continuing
41764176 education, a licensed psychologist shall complete not less than six
41774177 continuing education hours relating to diagnosis and treatment of mental
41784178 disorders and not less than three continuing education hours of
41794179 professional ethics. On and after July 1, 2025, as part of such continuing
41804180 education, a licensee shall complete not less than three continuing
41814181 education hours relating to diagnosis and treatment of mental disorders,
41824182 not less than three continuing education hours of professional ethics and
41834183 not less than three continuing education hours in cultural diversity.
41844184 Acceptable continuing education hours in cultural diversity shall include,
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42284228 but not be limited to, professional development regarding age, disability,
42294229 ethnicity, gender, gender identity, language, national origin, race, religion,
42304230 cultural, sexual orientation and socioeconomic status.
42314231 (b) (1) A licensee who is unable to complete the required continuing
42324232 education hours for renewal may request additional time to complete any
42334233 remaining continuing education hours. Such request shall be made to the
42344234 board not later than 30 calendar days prior to the expiration of the license
42354235 and shall include:
42364236 (A) The licensee's reason for requesting additional time, showing
42374237 extenuating circumstances for why the hours could not be completed
42384238 during the license period; and
42394239 (B) a plan outlining the manner in which the licensee intends to
42404240 complete the remaining continuing education hours.
42414241 (2) The board may grant a licensee up to three additional months
42424242 beyond the license expiration date to complete the required continuing
42434243 education hours.
42444244 (3) A licensee who receives additional time to complete continuing
42454245 education hours under this subsection shall:
42464246 (A) Renew the license prior to the license expiration date and report
42474247 to the board the number of continuing education hours completed on such
42484248 date;
42494249 (B) notify the board upon completing the remaining continuing
42504250 education hours; and
42514251 (C) be subject to an audit by the board of the total number of
42524252 continuing education hours completed for the applicable license period.
42534253 (4) Continuing education hours completed during additional time
42544254 granted under this subsection shall be credited only toward the
42554255 requirements for the license period for which additional time is granted.
42564256 (5) A licensee shall not be approved for additional time to complete
42574257 continuing education requirements in consecutive license periods.
42584258 (c) A licensee shall submit the application to the board with a renewal
42594259 fee fixed set by rules and regulations of the board not to exceed $200.
42604260 Upon receipt of such application and fee, the board shall issue a renewal
42614261 license for the period commencing on the date on which the license is
42624262 issued and expiring on June 30 of the next even-numbered year. Initial
42634263 licenses shall be for the current biennium of registration.
42644264 (c)(d) Applications for renewal of a license shall be made biennially
42654265 on or before July 1 June 30 and, if not so made, an additional fee equal to
42664266 the renewal fee shall be added to the regular renewal fee.
42674267 (d)(e) Any psychologist who has failed to renew a license and
42684268 continues to represent oneself as a psychologist after July 1 June 30 shall
42694269 be in violation of the licensure of psychologists act of the state of Kansas.
42704270 The board may suspend or revoke such psychologist's license under the
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43144314 provisions of K.S.A. 74-5324, and amendments thereto.
43154315 (f) A person whose license has been suspended or revoked may make
43164316 written application to the board requesting reinstatement of the license
43174317 upon termination of the period of suspension or revocation. Such
43184318 application shall be in a manner prescribed by the board and
43194319 accompanied by a reinstatement fee not to exceed $200 prescribed by the
43204320 board in rules and regulations.
43214321 (g) (1) A person whose license has expired may make written
43224322 application to the board requesting reinstatement of the license in a
43234323 manner prescribed by the board, and such application shall be
43244324 accompanied by:
43254325 (A) The required renewal fee and, for any person whose license has
43264326 been expired for one year or less, an additional fee equal to the renewal
43274327 fee; and
43284328 (B) evidence satisfactory to the board that the person has completed
43294329 during the previous 24 months the continuing education requirements for
43304330 one license period.
43314331 (2) A person requesting to reinstate a license that has been expired
43324332 for longer than one year who has not completed the necessary continuing
43334333 education hours for reinstatement may submit an application for a six-
43344334 month reinstatement temporary license in a manner prescribed by the
43354335 board, and such application shall be accompanied by a fee not to exceed
43364336 $50 prescribed by the board in rules and regulations. A licensee practicing
43374337 under a six-month reinstatement temporary license shall complete the
43384338 continuing education requirements required for a permanent license prior
43394339 to the expiration of the temporary license and notify the board upon such
43404340 completion. A six-month reinstatement temporary license shall not be
43414341 extended or renewed.
43424342 (e)(h) Within 30 days after any change of permanent address, a
43434343 licensee shall notify the board of such change.
43444344 Sec. 32. K.S.A. 74-5361 is hereby amended to read as follows: 74-
43454345 5361. As used in this the licensure of master's level psychologists act:
43464346 (a) "Practice of psychology" shall have the meaning ascribed thereto
43474347 in K.S.A. 74-5302 and amendments thereto.
43484348 (b) "Board" means the behavioral sciences regulatory board created
43494349 by K.S.A. 74-7501, and amendments thereto.
43504350 (b) "Extenuating circumstances" means any condition or situation
43514351 caused by events beyond an individual's control that is sufficiently extreme
43524352 in nature to result in the:
43534353 (1) Individual's inability to comply with requirements; or
43544354 (2) inadvisability of requiring the individual to comply with
43554355 requirements.
43564356 (c) "Licensed clinical psychotherapist" means a person licensed by
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44004400 the board under the licensure of master's level psychologists act who
44014401 engages in the independent practice of master's level psychology,
44024402 including the diagnosis and treatment of mental disorders specified in the
44034403 edition of the diagnostic and statistical manual of mental disorders of the
44044404 American psychiatric association designated by the board by rules and
44054405 regulations.
44064406 (d) "Licensed master's level psychologist" means a person licensed by
44074407 the board under the provisions of this the licensure of master's level
44084408 psychologists act.
44094409 (d) "Licensed clinical psychotherapist" means a person licensed by
44104410 the board under this act who engages in the independent practice of
44114411 master's level psychology including the diagnosis and treatment of mental
44124412 disorders specified in the edition of the diagnostic and statistical manual of
44134413 mental disorders of the American psychiatric association designated by the
44144414 board by rules and regulations.
44154415 (e) "Master's level psychology" means the practice of psychology
44164416 pursuant to the restrictions set out in K.S.A. 74-5362, and amendments
44174417 thereto, and includes the diagnosis and treatment of mental disorders as
44184418 authorized under K.S.A. 74-5361 et seq., and amendments thereto.
44194419 (f) "Practice of psychology" means the same as defined in K.S.A. 74-
44204420 5302, and amendments thereto.
44214421 Sec. 33. K.S.A. 2022 Supp. 74-5363 is hereby amended to read as
44224422 follows: 74-5363. (a) Any person who desires to be licensed under this act
44234423 shall apply to the board in writing, on forms prepared and furnished by the
44244424 board. Each application shall contain appropriate documentation of the
44254425 particular qualifications required by the board and shall be accompanied
44264426 by the required fee.
44274427 (b) The board shall license as a licensed master's level psychologist
44284428 any applicant for licensure who pays the fee prescribed by the board under
44294429 K.S.A. 74-5365, and amendments thereto, which shall not be refunded,
44304430 who has satisfied the board as to such applicant's training and who
44314431 complies with the provisions of this subsection. An applicant for licensure
44324432 also shall submit evidence satisfactory to the board that such applicant:
44334433 (1) Is at least 21 years of age;
44344434 (2) has satisfied the board that the applicant is a person who merits
44354435 public trust;
44364436 (3) has received at least 60 graduate hours including a master's degree
44374437 in psychology based on a program of studies in psychology from an
44384438 educational institution having a graduate program in psychology consistent
44394439 with state universities of Kansas; or until July 1, 2003, has received at least
44404440 a master's degree in psychology and during such master's or post-master's
44414441 coursework completed a minimum of 12 semester hours or its equivalent
44424442 in psychological foundation courses such as, but not limited to, philosophy
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44864486 of psychology, psychology of perception, learning theory, history of
44874487 psychology, motivation, and statistics and 24 semester hours or its
44884488 equivalent in professional core courses such as, but not limited to, two
44894489 courses in psychological testing, psychopathology, two courses in
44904490 psychotherapy, personality theories, developmental psychology, research
44914491 methods, social psychology; or has passed comprehensive examinations or
44924492 equivalent final examinations in a doctoral program in psychology and
44934493 during such graduate program completed a minimum of 12 semester hours
44944494 or its equivalent in psychological foundation courses such as, but not
44954495 limited to, philosophy of psychology, psychology of perception, learning
44964496 theory, history of psychology, motivation, and statistics and 24 semester
44974497 hours or its equivalent in professional core courses such as, but not limited
44984498 to, two courses in psychological testing, psychopathology, two courses in
44994499 psychotherapy, personality theories, developmental psychology, research
45004500 methods, social psychology;
45014501 (4) has completed 750 clock hours of academically supervised
45024502 practicum in the master's degree program or 1,500 clock hours of
45034503 postgraduate supervised work experience; and
45044504 (5) has passed an examination approved by the board with a
45054505 minimum score set by the board by rules and regulations.
45064506 (c) (1) Applications for licensure as a clinical psychotherapist shall be
45074507 made to the board on a form and in the manner prescribed by the board.
45084508 Each applicant shall furnish evidence satisfactory to the board that the
45094509 applicant:
45104510 (A) Is licensed by the board as a licensed master's level psychologist
45114511 or meets all requirements for licensure as a master's level psychologist;
45124512 (B) has completed 15 credit hours as part of or in addition to the
45134513 requirements under subsection (b) supporting diagnosis or treatment of
45144514 mental disorders with use of the American psychiatric association's
45154515 diagnostic and statistical manual, through identifiable study of:
45164516 Psychopathology, diagnostic assessment, interdisciplinary referral and
45174517 collaboration, treatment approaches and professional ethics;
45184518 (C) has completed a graduate level supervised clinical practicum of
45194519 supervised professional experience including psychotherapy and
45204520 assessment with individuals, couples, families or groups, integrating
45214521 diagnosis and treatment of mental disorders with use of the American
45224522 psychiatric association's diagnostic and statistical manual, with not less
45234523 than 350 hours of direct client contact or additional postgraduate
45244524 supervised experience as determined by the board;
45254525 (D) has completed not less than two years of postgraduate supervised
45264526 professional experience in accordance with a clinical supervision plan
45274527 approved by the board of not less than 3,000 hours of supervised
45284528 professional experience including at least 1,500 hours of direct client
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45724572 contact conducting psychotherapy and assessments with individuals,
45734573 couples, families or groups and not less than 100 hours of face-to-face
45744574 clinical supervision, as defined by the board in rules and regulations,
45754575 including not less than 50 hours of individual supervision, except that the
45764576 board may waive the requirement that such supervision be face-to-face
45774577 upon a finding of extenuating circumstances, integrating diagnosis and
45784578 treatment of mental disorders with use of the American psychiatric
45794579 association's diagnostic and statistical manual;
45804580 (E) for persons earning a degree under subsection (b) prior to July 1,
45814581 2003, in lieu of the education requirements under subparagraphs (B) and
45824582 (C), has completed the education requirements for licensure as a licensed
45834583 master's level psychologist in effect on the day immediately preceding the
45844584 effective date of this act;
45854585 (F) for persons who apply for and are eligible for a temporary
45864586 master's level psychology license to practice as a licensed master's level
45874587 psychologist on the day immediately preceding the effective date of this
45884588 act, in lieu of the education and training requirements under subparagraphs
45894589 (B), (C) and (D), has completed the education and training requirements
45904590 for licensure as a master's level psychologist in effect on the day
45914591 immediately preceding the effective date of this act;
45924592 (G) has passed an examination approved by the board with the same
45934593 minimum passing score as that set by the board for licensed psychologists;
45944594 and
45954595 (H) has paid the application fee, if required by the board and, upon
45964596 notification from the board that all eligibility requirements have been
45974597 satisfied, paid the license fee.
45984598 (2) A person who was licensed or registered as a master's level
45994599 psychologist in Kansas at any time prior to the effective date of this act,
46004600 who has been actively engaged in the practice of master's level psychology
46014601 as a registered or licensed master's level psychologist within five years
46024602 prior to the effective date of this act and whose last license or registration
46034603 in Kansas prior to the effective date of this act was not suspended or
46044604 revoked, upon application to the board, payment of fees and completion of
46054605 applicable continuing education requirements, shall be licensed as a
46064606 licensed clinical psychotherapist by providing demonstration of
46074607 competence to diagnose and treat mental disorders through at least two of
46084608 the following areas acceptable to the board:
46094609 (A) Either: (i) Graduate coursework; or (ii) passing a national,
46104610 clinical examination;
46114611 (B) either: (i) Three years of clinical practice in a community mental
46124612 health center, its contracted affiliate or a state mental hospital; or (ii) three
46134613 years of clinical practice in other settings with demonstrated experience in
46144614 diagnosing or treating mental disorders; or
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46584658 (C) attestation from one professional licensed to diagnose and treat
46594659 mental disorders in independent practice or licensed to practice medicine
46604660 and surgery that the applicant is competent to diagnose and treat mental
46614661 disorders.
46624662 (3) A licensed clinical psychotherapist may engage in the independent
46634663 practice of master's level psychology and is authorized to diagnose and
46644664 treat mental disorders specified in the edition of the diagnostic and
46654665 statistical manual of mental disorders of the American psychiatric
46664666 association designated by the board by rules and regulations. When a client
46674667 has symptoms of a mental disorder, a licensed clinical psychotherapist
46684668 shall consult with the client's primary care physician or psychiatrist to
46694669 determine if there may be a medical condition or medication that may be
46704670 causing or contributing to the client's symptoms of a mental disorder. A
46714671 client may request in writing that such consultation be waived and such
46724672 request shall be made a part of the client's record. A licensed clinical
46734673 psychotherapist may continue to evaluate and treat the client until such
46744674 time that the medical consultation is obtained or waived.
46754675 (d) The board shall adopt rules and regulations establishing the
46764676 criteria that an educational institution shall satisfy in meeting the
46774677 requirements established under subsection (b)(3). The board may send a
46784678 questionnaire developed by the board to any educational institution for
46794679 which the board does not have sufficient information to determine whether
46804680 the educational institution meets the requirements of subsection (b)(3) and
46814681 rules and regulations adopted under this section. The questionnaire
46824682 providing the necessary information shall be completed and returned to the
46834683 board in order for the educational institution to be considered for approval.
46844684 The board may contract with investigative agencies, commissions or
46854685 consultants to assist the board in obtaining information about educational
46864686 institutions. In entering such contracts the authority to approve educational
46874687 institutions shall remain solely with the board.
46884688 Sec. 34. K.S.A. 74-5365 is hereby amended to read as follows: 74-
46894689 5365. (a) The following fees may be fixed set by the board for licensure
46904690 under the licensure of master's level psychologists act: For application,
46914691 issuance of a new license and renewal of a license, an amount not to
46924692 exceed $200; for replacement of a license, an amount not to exceed $20;
46934693 and for a wallet card license, an amount not to exceed $5. Any such fees
46944694 required by the board shall be established by rules and regulations adopted
46954695 by the board.
46964696 (b) Fees paid to the board are not refundable.
46974697 (c) The application for renewal shall be accompanied by evidence
46984698 satisfactory to the board that the applicant has completed, during the
46994699 previous 24 months, the continuing education required by rules and
47004700 regulations of the board. Prior to July 1, 2025, as part of such continuing
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47444744 education, a licensed master's level psychologist and a licensed clinical
47454745 psychotherapist shall complete not less than six continuing education
47464746 hours relating to diagnosis and treatment of mental disorders and not less
47474747 than three continuing education hours of professional ethics. On and after
47484748 July 1, 2025, as part of such continuing education, a licensee shall
47494749 complete not less than three continuing education hours relating to
47504750 diagnosis and treatment of mental disorders, not less than three continuing
47514751 education hours of professional ethics and not less than three continuing
47524752 education hours in cultural diversity. Acceptable continuing education
47534753 hours in cultural diversity shall include, but not be limited to, professional
47544754 development regarding age, disability, ethnicity, gender, gender identity,
47554755 language, national origin, race, religion, cultural, sexual orientation and
47564756 socioeconomic status.
47574757 (d) (1) A licensee who is unable to complete the required continuing
47584758 education hours for renewal may request additional time to complete any
47594759 remaining continuing education hours. Such request shall be made to the
47604760 board not later than 30 calendar days prior to the expiration of the license
47614761 and shall include:
47624762 (A) The licensee's reason for requesting additional time, showing
47634763 extenuating circumstances for why the hours could not be completed
47644764 during the license period; and
47654765 (B) a plan outlining the manner in which the licensee intends to
47664766 complete the remaining continuing education hours.
47674767 (2) The board may grant a licensee up to three additional months
47684768 beyond the license expiration date to complete the required continuing
47694769 education hours.
47704770 (3) A licensee who receives additional time to complete continuing
47714771 education hours under this subsection shall:
47724772 (A) Renew the license prior to the license expiration date and report
47734773 to the board the number of continuing education hours completed on such
47744774 date;
47754775 (B) notify the board upon completing the remaining continuing
47764776 education hours; and
47774777 (C) be subject to an audit by the board of the total number of
47784778 continuing education hours completed for the applicable license period.
47794779 (4) Continuing education hours completed during additional time
47804780 granted under this subsection shall be credited only toward the
47814781 requirements for the license period for which additional time is granted.
47824782 (5) A licensee shall not be approved for additional time to complete
47834783 continuing education requirements in consecutive license periods.
47844784 (e) Within 30 days after any change of permanent address, a licensee
47854785 shall notify the board of such change.
47864786 Sec. 35. K.S.A. 74-5366 is hereby amended to read as follows: 74-
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48304830 5366. (a) All licenses shall be effective upon the date issued and shall
48314831 expire at the end of 24 months from the date of issuance.
48324832 (b) A license may be renewed by the payment of the renewal fee and
48334833 the execution and submission of a signed statement, on a form provided by
48344834 the board, attesting that the applicant's license has been neither revoked
48354835 nor currently suspended and that the applicant has met the requirements
48364836 for continuing education set forth in this act.
48374837 (c) If the application for renewal, including payment of the required
48384838 renewal fee, is not made on or before the date of the expiration of the
48394839 license, the license is void, and no license shall be reinstated except upon
48404840 payment of the required renewal fee, plus a penalty equal to the renewal
48414841 fee, and proof satisfactory to the board of compliance with the continuing
48424842 education requirements. Upon receipt of such payment and proof, the
48434843 board shall reinstate the license.
48444844 (d) A person whose license has been suspended or revoked may make
48454845 written application to the board requesting reinstatement of the license
48464846 upon termination of the period of suspension or revocation. Such
48474847 application shall be in a manner prescribed by the board and
48484848 accompanied by a reinstatement fee.
48494849 (d) (1) A person whose license has expired may make written
48504850 application to the board requesting reinstatement of the license in a
48514851 manner prescribed by the board, and such application shall be
48524852 accompanied by:
48534853 (A) A reinstatement fee, and, for any person whose license has been
48544854 expired for one year or less, a penalty established by the board in rules
48554855 and regulations; and
48564856 (B) evidence satisfactory to the board that the person has completed
48574857 during the previous 24 months the continuing education requirements for
48584858 one license period.
48594859 (2) A person requesting to reinstate a license that has been expired
48604860 for longer than one year who has not completed the necessary continuing
48614861 education hours for reinstatement may submit an application for a six-
48624862 month reinstatement temporary license in a manner prescribed by the
48634863 board, and such application shall be accompanied by a fee of $25. A
48644864 licensee practicing under a six-month reinstatement temporary license
48654865 shall complete the continuing education requirements required for a
48664866 permanent license prior to the expiration of the temporary license and
48674867 notify the board upon such completion. A six-month reinstatement
48684868 temporary license shall not be extended or renewed.
48694869 (e) A duplicate license shall be issued by the board upon receipt of a
48704870 $20 fee.
48714871 (e)(f) A person registered as a masters level psychologist on
48724872 December 30, 1996, shall be deemed to be a licensed masters level
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49164916 psychologist under this act. Such person shall not be required to file an
49174917 original application for licensure under this act, but shall apply to the
49184918 board for a license in lieu of registration upon payment of the fee set by
49194919 the board for renewal of license. Any application for registration filed but
49204920 which has not been granted prior to January 1, 1997, shall be processed as
49214921 an application for licensure pursuant to this act. For exchange of a license
49224922 in lieu of registration pursuant to this subsection, a fee not to exceed $100.
49234923 (f)(g) The board shall collect a fee not to exceed $100 for exchange
49244924 of a license in lieu of a registration pursuant to subsection (e)(f).
49254925 Sec. 36. K.S.A. 74-5367 is hereby amended to read as follows: 74-
49264926 5367. (a) The board may issue a temporary master's level psychology
49274927 license to practice as a licensed master's level psychologist to any person
49284928 who pays a nonrefundable fee prescribed by the board under this section,
49294929 which shall not be refunded, and who meets all the requirements for
49304930 licensure under K.S.A. 74-5361 et seq., and amendments thereto, as a
49314931 licensed master's level psychologist except the requirement of
49324932 postgraduate supervised work experience or passing the licensing
49334933 examination, or both.
49344934 (b) Absent extenuating circumstances approved by the board, a
49354935 temporary master's level psychology license issued by the board shall
49364936 expire upon the date the board issues or denies a license to practice
49374937 master's level psychology or 24 months after the date of issuance of the
49384938 temporary master's level psychology license. No temporary master's level
49394939 psychology license issued by the board will shall be renewed or issued
49404940 again on any subsequent applications for the same license level. The
49414941 preceding provision in no way limits This subsection shall not limit the
49424942 number of times an applicant may take the examination.
49434943 (c) The board may fix a fee for the application of the temporary
49444944 master's level psychology license. The application fee shall not exceed
49454945 $100. Any such fee shall be established by rules and regulations adopted
49464946 by the board.
49474947 (d) A person practicing master's level psychology with a temporary
49484948 master's level psychology license may shall not use the title "licensed
49494949 master's level psychologist" or the initials "LMLP" independently. The
49504950 word "licensed" may be used only when followed by the words "by
49514951 temporary license" such as licensed master's level psychologist by
49524952 temporary license, or master's level psychologist licensed by temporary
49534953 license.
49544954 (e) No person may shall work under a temporary master's level
49554955 psychology license except under the supervision of a person licensed to
49564956 practice psychology or master's level psychology in Kansas.
49574957 (f) The application for a temporary master's level psychology license
49584958 may be denied or a temporary master's level psychology license which that
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50025002 has been issued may be suspended or revoked on the same grounds as
50035003 provided for suspension or revocation of a license under K.S.A. 74-5369,
50045004 and amendments thereto.
50055005 (g) Nothing in this section shall affect any temporary license to
50065006 practice issued under this section prior to the effective date of this act and
50075007 in effect on the effective date of this act. Such temporary license shall be
50085008 subject to the provisions of this section in effect at the time of its issuance
50095009 and shall continue to be effective until the date of expiration of the license
50105010 as provided under this section at the time of issuance of such temporary
50115011 license.
50125012 Sec. 37. K.S.A. 2022 Supp. 74-5375 is hereby amended to read as
50135013 follows: 74-5375. (a) The behavioral sciences regulatory board may issue
50145014 a license to an individual who is currently registered, certified or licensed
50155015 to practice psychology at the master's level in another jurisdiction if the
50165016 board determines that:
50175017 (1) The standards for registration, certification or licensure to practice
50185018 psychology at the master's level in the other jurisdiction are substantially
50195019 equivalent to the requirements of this state; or
50205020 (2) the applicant demonstrates, on forms provided by the board,
50215021 compliance with the following standards adopted by the board:
50225022 (A) Registration, certification or licensure to practice psychology at
50235023 the master's level with a similar scope of practice for at least 48 of the last
50245024 54 12 months immediately preceding the application with at least the
50255025 minimum professional experience as established by rules and regulations
50265026 of the board;
50275027 (B) the absence of disciplinary actions of a serious nature brought by
50285028 a registration, certification or licensing board or agency; and
50295029 (C) at least a master's degree in psychology from a regionally
50305030 accredited university or college.
50315031 (b) Applicants for licensure as a clinical psychotherapist shall
50325032 additionally demonstrate competence to diagnose and treat mental
50335033 disorders through meeting the requirements of either subsection (a)(1) or
50345034 (a)(2) and at least two of the following areas acceptable to the board:
50355035 (1) Either graduate coursework as established by rules and
50365036 regulations of the board or passing a national clinical examination
50375037 approved by the board;
50385038 (2) three years of clinical practice with demonstrated experience in
50395039 diagnosing or treating mental disorders; or
50405040 (3) attestation from a professional licensed to diagnose and treat
50415041 mental disorders in independent practice or licensed to practice medicine
50425042 and surgery, stating that the applicant is competent to diagnose and treat
50435043 mental disorders.
50445044 (c) An applicant for a license under this section shall pay an
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50885088 application fee established by the board under K.S.A. 74-5365, and
50895089 amendments thereto, if required by the board. Upon notification from the
50905090 board that all eligibility requirements have been satisfied, the applicant
50915091 shall pay the license fee as provided in K.S.A. 74-5365, and amendments
50925092 thereto.
50935093 Sec. 38. K.S.A. 74-7501 is hereby amended to read as follows: 74-
50945094 7501. (a) There is hereby created a behavioral sciences regulatory board
50955095 consisting of 12 13 members appointed by the governor. The membership
50965096 of the board shall be as follows: Two members of the board shall be
50975097 licensed psychologists; two members of the board shall be licensed to
50985098 engage in the practice of social work; one member of the board shall be a
50995099 professional counselor; one member of the board shall be a marriage and
51005100 family therapist and; one member of the board shall be a licensed masters
51015101 master's level psychologist or a licensed clinical psychotherapist; one
51025102 member of the board shall be a licensed addiction counselor, a licensed
51035103 master's addiction counselor or a licensed clinical addiction counselor;
51045104 one member of the board shall be a licensed behavior analyst; and four
51055105 members of the board shall be from and represent the general public. Each
51065106 member of the board shall be a citizen of the United States and a resident
51075107 of this state.
51085108 (b) The term of office of each member of the board shall be four
51095109 years. No member of the board shall be appointed for more than two
51105110 successive terms. Upon the expiration of a member's term of office, the
51115111 governor shall appoint a qualified successor. Each member shall serve
51125112 until a successor is appointed and qualified. Whenever a vacancy occurs in
51135113 the membership of the board prior to the expiration of a term of office, the
51145114 governor shall appoint a qualified successor to fill the unexpired term. The
51155115 governor may remove any member of the board for misconduct,
51165116 incompetency or neglect of duty.
51175117 (c) The board shall organize annually at its first meeting subsequent
51185118 to June 30 and shall select from its members a chairperson and a vice-
51195119 chairperson vice chairperson. Other meetings shall be held as the board
51205120 designates. A majority of members appointed to the board shall constitute
51215121 a quorum for the transaction of business.
51225122 (d) The board may appoint an executive director who shall be in the
51235123 unclassified service of the Kansas civil service act and shall receive an
51245124 annual salary fixed set by the board, subject to approval by the governor.
51255125 The board may employ clerical personnel and other assistants, all of whom
51265126 shall be in the classified unclassified service under the Kansas civil service
51275127 act. The board may make and enter into contracts of employment with
51285128 such professional personnel as necessary, in the board's judgment, for the
51295129 performance of its duties and functions and the execution of its powers.
51305130 (e) Members of the behavioral sciences regulatory board attending
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51745174 meetings of the board, or attending a subcommittee meeting thereof
51755175 authorized by the board, shall be paid compensation, subsistence
51765176 allowances, mileage and other expenses as provided in K.S.A. 75-3223,
51775177 and amendments thereto.
51785178 Sec. 39. K.S.A. 65-5802, 65-5806, 65-6302, 65-6313, 65-6314, 65-
51795179 6402, 65-6407, 65-6608, 65-6614, 65-6618, 65-7504, 65-7505, 74-5302,
51805180 74-5318, 74-5339, 74-5361, 74-5365, 74-5366, 74-5367 and 74-7501 and
51815181 K.S.A. 2022 Supp. 65-5804a, 65-5807, 65-5808, 65-6306, 65-6309, 65-
51825182 6322, 65-6404, 65-6405, 65-6406, 65-6411, 65-6610, 65-6611, 65-6613,
51835183 74-5310, 74-5315, 74-5316, 74-5363 and 74-5375 are hereby repealed.
51845184 Sec. 40. This act shall take effect and be in force from and after its
51855185 publication in the statute book.
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