CHAPTER 90
Substitute for Senate Bill No. 131
An Act concerning certain healthcare providers; relating to powers, duties and functions of the state board of healing arts; providing a sports waiver for certain out-of-state physicians to practice medicine on a limited basis in this state during certain sporting events; authorizing the state board of healing arts to adopt procedures to allow other licensed and regulated healthcare professionals to be issued a sports waiver; authorizing the state board of healing arts to adopt rules and regulations related thereto; relating to pharmacy; authorizing pharmacy technicians to administer certain vaccines; relating to the behavioral sciences; relating to licensure and regulation of professional counselors, social workers, marriage and family therapists, addiction counselors, behavior analysts, psychologists and master’s level psychologists; requiring the behavioral sciences regulatory board to process applications within a certain time and establish an expedited application process; providing reduced diagnosis and treatment continuing education requirements; establishing license categories for applicants from social work programs in candidacy for accreditation and for temporary reinstatement; extending the license period of temporary licenses; establishing a community-based license for professional counselors, social workers, master’s level social workers; marriage and family therapists, psychologists and master’s level psychologists; amending K.S.A. 65-1635a, 65-5802, 65-5806, 65-6302, 65-6313, 65-6314, 65-6402, 65-6407, 65-6608, 65-6614, 65-6618, 65-7504, 65-7505, 74-5302, 74-5318, 74-5361, 74-5365, 74-5366, 74-5367 and 74-7501 and K.S.A. 2022 Supp. 65-5804a, 65-5807, 65-5808, 65-6306, 65-6309, 65-6322, 65-6404, 65-6405, 65-6406, 65-6411, 65-6610, 65-6611, 65-6613, 74-5310, 74-5315, 74-5316, 74-5363 and 74-5375 and repealing the existing sections; also repealing K.S.A. 74-5339.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Notwithstanding any other provision of law to the contrary, an out-of-state physician holding a license issued by the applicable licensing agency of another state may practice medicine on a limited basis in this state during certain sporting events, if such physician receives a sports waiver issued by the state board of healing arts. The board shall issue such a waiver within 15 days after receipt of a complete application if the physician:
(1) Submits a complete application in the manner determined by the board;
(2) holds an unrestricted license to practice medicine and surgery in another state and is not the subject of any investigation or disciplinary action by any applicable licensing agency;
(3) has professional liability coverage for the duration of the sporting event that meets the minimum level of coverage required to practice in Kansas; and
(4) meets at least one of the following qualifications:
(A) The physician has entered into a written agreement with a sports team to provide medical care to team members and coaching staff traveling with the team for a specific sporting event to take place in this state;
(B) the physician has been invited by a national sport governing body to provide healthcare services to team members and coaching staff at a national sport training center in this state; or
(C) the physician has been invited by a national sport governing body to provide healthcare services at an event or competition in this state that is sanctioned by a national sport governing body.
(b) Any individual practicing under a sports waiver issued by the board shall be limited to:
(1) The scope of practice defined by Kansas law for such healthcare profession; and
(2) such healthcare services required under the written agreement either with a sports team for team members and coaching staff or healthcare services that are required by the national sport governing body.
(c) Any individual practicing pursuant to a sports waiver under the provisions of this section shall be subject to all rules and regulations relating to the practice of the licensed profession in this state and shall be considered a licensee for the purposes of the provisions of law administered by the board.
(d) (1) A sports waiver issued under this section shall be valid for the time certified by the healthcare professional or national sports governing body for each respective sporting event, except that no waiver shall be valid for longer than 30 days.
(2) An individual shall not be issued more than five sports waivers in a calendar year, unless otherwise approved by the board for an extenuating, unforeseen circumstance.
(e) Nothing in this section shall be construed to permit any individual issued a sports waiver under the provisions of this section to:
(1) Provide healthcare services or consultation to any individual residing in this state, other than individuals described in subsection (a); or
(2) practice the individual’s healthcare profession at a licensed healthcare facility in this state.
(f) Any individual issued a sports waiver or out-of-state sports team receiving services from such individual shall report to the board any potential violation of the healing arts act or other applicable practice act, including, but not limited to, professional incompetence or unprofessional conduct.
(g) Nothing in this section shall be construed to prohibit the board from denying an application for a sports waiver under this section if the board determines that the individual does not meet technical qualifications or granting the application may endanger the health and safety of the public.
(h) (1) The board may adopt rules and regulations necessary to implement the provisions of this section, including, but not limited to, procedures for reporting potential medical violations.
(2) Consistent with this section, the board may adopt procedures to allow other healthcare professionals licensed and regulated by the board to be issued a sports waiver to ensure patient safety.
(i) This section shall be a part of and supplemental to article 28 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
New Sec. 2. (a) Within 15 business days after receipt of an application for any license, registration, permit or certificate issued by the behavioral sciences regulatory board, the board shall notify the applicant whether the board believes that the application is complete. If the application is determined to be incomplete, the board shall notify the applicant of the information needed in order to complete the application. Once the application is determined to be complete, the board shall complete the review of the application and issue a decision thereon within 30 business days.
(b) (1) The behavioral sciences regulatory board shall adopt rules and regulations to establish an expedited application process for any license, registration, permit or certificate issued by the board. Upon request on the application to expedite the processing of such application and payment of the fee, the board shall complete the review of the application and issue a decision thereon within 15 business days.
(2) (A) The board shall set the fee for an expedited application process by adopting rules and regulations. Such fee shall be in addition to any other fee established for the application but shall not exceed $100. The board shall not charge such fee for an expedited application process to any applicant who is a military servicemember or military spouse.
(B) As used in this paragraph:
(i) “Military servicemember” means a current member of the army, navy, marine corps, air force, coast guard, space force, air or army national guard of any state or any branch of the military reserves of the United States or a former member who separated from service by honorable discharge or general discharge under honorable conditions.
(ii) “Military spouse” means the spouse of an individual who is a current member of the army, navy, marine corps, air force, coast guard, space force, air or army national guard of any state or any branch of the military reserves of the United States.
Sec. 3. K.S.A. 65-1635a is hereby amended to read as follows: 65-1635a. (a) A pharmacist, or a pharmacy student or, intern or pharmacy technician who is 18 years of age or older and working under the direct supervision and control of a pharmacist, may administer influenza vaccine to a person six years of age or older and may administer vaccine, other than influenza vaccine, to a person 12 years of age or older pursuant to a vaccination protocol if the pharmacist, pharmacy student or, intern or pharmacy technician has successfully completed a course of study and training, approved by the accreditation council for pharmacy or the board, in vaccination storage, protocols, injection technique, emergency procedures and recordkeeping and has taken a course in cardiopulmonary resuscitation (CPR) and has a current CPR certificate when administering vaccine. A pharmacist or, pharmacy student or, intern or pharmacy technician who successfully completes such a course of study and training shall maintain proof of completion and, upon request, provide a copy of such proof to the board.
(b) All vaccinees will be given a written immunization record for their personal files. The administering pharmacist or pharmacist supervising an administering pharmacy student or, intern or pharmacy technician shall promptly report a record of the immunization to the vaccinee’s primary care provider by mail, electronic facsimile, e-mail email or other electronic means. If the vaccinee does not have a primary care provider, then the administering pharmacist or pharmacist supervising an administering pharmacy student or, intern or pharmacy technician shall promptly report a record of the immunization to the person licensed to practice medicine and surgery by the state board of healing arts who has entered into the vaccination protocol with the pharmacist. The immunization will also be reported to appropriate county or state immunization registries, except that if the person vaccinated or, if the person is a minor, the parent or guardian of the minor, objects to the report, the report shall not be made.
(c) A pharmacist, pharmacy student or, intern may or pharmacy technician shall not delegate to any person the authority granted under this act to administer a vaccine.
(d) As used in this section, “pharmacist” means a pharmacist as defined in K.S.A. 65-1626, and amendments thereto, who has:
(1) Successfully completed a course of study and training, approved by the accreditation council for pharmacy or the board, in vaccination storage, protocols, injection technique, emergency procedures and recordkeeping and has;
(2) taken a course in cardiopulmonary resuscitation (CPR); and has
(3) a current CPR certificate.
(e) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
Sec. 4. K.S.A. 65-5802 is hereby amended to read as follows: 65-5802. As used in the professional counselors licensure act:
(a) “Assessment” means selecting, administering, scoring and interpreting instruments designed to describe an individual’s aptitudes, abilities, achievements, interests and personal characteristics.
(b) “Board” means the behavioral sciences regulatory board created by K.S.A. 74-7501, and amendments thereto.
(c) “Consultation” means the application of principles, methods and techniques of the practice of counseling to assist in solving current or potential problems of individuals or groups in relation to a third party.
(d) “Extenuating circumstances” means any condition or situation caused by events beyond an individual’s control that is sufficiently extreme in nature to result in the:
(1) Individual’s inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with requirements.
(e) “Licensed clinical professional counselor” means a person who engages in the independent practice of professional counseling including the diagnosis and treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations and who is licensed under this act.
(f) “Licensed professional counselor” means a person who is licensed under this act and who engages in the practice of professional counseling only under the direction of a licensed clinical professional counselor, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders.
(b)(g) “Practice of professional counseling” means assisting an individual or group for a fee, monetary or otherwise, through counseling, assessment, consultation and referral and includes the diagnosis and treatment of mental disorders as authorized under the professional counselors licensure act.
(c)(h) “Professional counseling” means to assist an individual or group to develop understanding of personal strengths and weaknesses, to restructure concepts and feelings, to define goals and to plan actions as these are related to personal, social, educational and career development and adjustment.
(d) “Assessment” means selecting, administering, scoring and interpreting instruments designed to describe an individual’s aptitudes, abilities, achievements, interests and personal characteristics.
(e) “Consultation” means the application of principles, methods and techniques of the practice of counseling to assist in solving current or potential problems of individuals or groups in relation to a third party.
(f)(i) “Referral” means the evaluation of information to identify problems and to determine the advisability of referral to other practitioners.
(g) “Licensed professional counselor” means a person who is licensed under this act and who engages in the practice of professional counseling except that on and after January 1, 2002, such person shall engage in the practice of professional counseling only under the direction of a licensed clinical professional counselor, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders.
(h) “Licensed clinical professional counselor” means a person who engages in the independent practice of professional counseling including the diagnosis and treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations and who is licensed under this act.
Sec. 5. K.S.A. 2022 Supp. 65-5804a is hereby amended to read as follows: 65-5804a. (a) Applications for licensure as a professional counselor shall be made to the board on a form and in the manner prescribed by the board. Each application shall be accompanied by the fee fixed set under K.S.A. 65-5808, and amendments thereto.
(b) Each applicant for licensure as a professional counselor shall furnish evidence satisfactory to the board that the applicant:
(1) Is at least 21 years of age;
(2) has completed 60 graduate semester hours including a graduate degree in counseling or a related field from a college or university approved by the board and that includes 45 graduate semester hours of counseling coursework distributed among each of the following areas:
(A) Counseling theory and practice;
(B) the helping relationship;
(C) group dynamics, processing and counseling;
(D) human growth and development;
(E) lifestyle and career development;
(F) appraisal of individuals;
(G) social and cultural foundations;
(H) research and evaluation;
(I) professional orientation; and
(J) supervised practicum and internship;
(3) has passed an examination required by the board; and
(4) has satisfied the board that the applicant is a person who merits the public trust.
(c) (1) Applications for licensure as a clinical professional counselor shall be made to the board on a form and in the manner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant:
(A) Is licensed by the board as a licensed professional counselor or meets all requirements for licensure as a licensed professional counselor;
(B) has completed 15 credit hours, as part of or in addition to the requirements under subsection (b), supporting diagnosis or treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual through identifiable study of the following content areas: Psychopathology, diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches and professional ethics;
(C) has completed a graduate level supervised clinical practicum of supervised professional experience including psychotherapy and assessment with individuals, couples, families or groups, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, with not less than 280 hours of direct client contact or additional postgraduate supervised experience as determined by the board;
(D) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 3,000 hours of supervised professional experience, including at least 1,500 hours of direct client contact conducting psychotherapy and assessments with individuals, couples, families or groups and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, except that the board may waive 1/2 of the hours required by this subparagraph for an individual who has a doctoral degree in professional counseling or a related field approved by the board and who completes the required 1/2 of the hours in not less than one year of supervised professional experience;
(E) for persons who earned a degree under subsection (b) prior to July 1, 2003, in lieu of the education requirements under subparagraphs (B) and (C), has completed the education requirements for licensure as a professional counselor in effect on the day immediately preceding the effective date of this act;
(F) for persons who apply for and are eligible for a temporary permit to practice as a licensed professional counselor on the day immediately preceding the effective date of this act, in lieu of the education and training requirements under subparagraphs (B), (C) and (D), has completed the education and training requirements for licensure as a professional counselor in effect on the day immediately preceding the effective date of this act;
(G) has passed an examination approved by the board; and
(H) has paid the application fee fixed set under K.S.A. 65-5808, and amendments thereto.
(2) A person who was licensed or registered as a professional counselor in Kansas at any time prior to the effective date of this act, who has been actively engaged in the practice of professional counseling as a registered or licensed professional counselor within five years prior to the effective date of this act and whose last license or registration in Kansas prior to the effective date of this act was not suspended or revoked, upon application to the board, payment of fees pursuant to K.S.A. 65-5808, and amendments thereto, and completion of applicable continuing education requirements, shall be licensed as a licensed clinical professional counselor by providing demonstration of competence to diagnose and treat mental disorders through at least two of the following areas acceptable to the board:
(A) Either: (i) Graduate coursework; or (ii) passing a national, clinical examination;
(B) either: (i) Three years of clinical practice in a community mental health center, its contracted affiliate or a state mental hospital; or (ii) three years of clinical practice in other settings with demonstrated experience in diagnosing or treating mental disorders; or
(C) attestation from one professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery that the applicant is competent to diagnose and treat mental disorders.
(3) A licensed clinical professional counselor may engage in the independent practice of professional counseling and is authorized to diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. When a client has symptoms of a mental disorder, a licensed clinical professional counselor shall consult with the client’s primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client’s symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client’s record. A licensed clinical professional counselor may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(4) A licensed professional counselor may diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations only under the direction of a licensed clinical professional counselor, licensed psychologist, person licensed to practice medicine and surgery or person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders. When a client has symptoms of a mental disorder, a licensed professional counselor shall consult with the client’s primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client’s symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client’s record. A licensed professional counselor may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(d) The board shall adopt rules and regulations establishing the criteria that a college or university shall satisfy in order to be approved by the board. The board may send a questionnaire developed by the board to any college or university for which the board does not have sufficient information to determine whether the school meets the requirements for approval and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the college or university to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about colleges and universities. In entering such contracts, the authority to approve college and universities shall remain solely with the board.
(e) A person who is waiting to take the examination required by the board may apply to the board for a temporary professional counselor license to practice as a licensed professional counselor by:
(1) Paying an application fee of not more than $150; and
(2) meeting the application requirements as stated in K.S.A. 65-5804a(b)(1), (2) and (4), and amendments thereto.
(f) (1) A temporary professional counselor license may be issued by the board after the application has been reviewed and approved by the board and the applicant has paid the appropriate fee set by the board for issuance of a temporary license.
(2) Absent extenuating circumstances approved by the board, a temporary professional counselor license issued by the board shall expire upon the date the board issues or denies a license to practice professional counseling or 12 24 months after the date of issuance of the temporary license. No temporary license will be renewed or issued again on any subsequent application for the same license level. The preceding provisions in no way limit the number of times an applicant may take the examination.
(g) A person practicing professional counseling with a temporary professional counselor license may not use the title “licensed professional counselor” or the initials “LPC” independently. The word “licensed” may be used only when followed by the words “by temporary license,” such as licensed professional counselor by temporary license, or professional counselor licensed by temporary license.
(h) No person may practice professional counseling under a temporary professional counselor license except under the supervision of a person licensed by the behavioral sciences regulatory board at the independent level.
(i) Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary license shall be subject to the provisions of this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the temporary license provided under this section at the time of issuance of such temporary license.
(j) (1) An individual may apply to the board for a community-based professional counselor license to practice professional counseling in the scope of employment by a community mental health center, as defined in K.S.A. 39-2002, and amendments thereto, a federally qualified health center, as defined in K.S.A. 65-7402, and amendments thereto, a psychiatric residential treatment facility as defined in K.S.A. 39-2002, and amendments thereto, or a private treatment facility as defined in K.S.A. 59-29b46, and amendments thereto.
(2) A community-based professional counselor license may be issued by the board after the board reviews and approves the application and the applicant has paid the fee set by the board for issuance of a community-based professional counselor license.
(3) (A) Absent extenuating circumstances approved by the board, a community-based professional counselor license issued by the board shall expire:
(i) Upon the date the board issues or denies a license to practice professional counseling; or
(ii) 24 months after the date of issuance of the community-based professional counselor license.
(B) No community-based professional counselor license shall be renewed or issued again on any subsequent application for the same license level. This paragraph shall not be construed to limit the number of times an applicant may take the examination.
(4) A person practicing professional counseling with a community-based professional counselor license may use the title “licensed professional counselor” or the initials “LPC” independently.
(5) No person may practice professional counseling under a community-based professional counselor license except under the supervision of a person licensed by the board to practice at the independent level.
(6) The board shall not issue a community-based professional counselor license or temporary professional counselor license to an individual who has previously been issued a community-based professional counselor license or temporary professional counselor license.
Sec. 6. K.S.A. 65-5806 is hereby amended to read as follows: 65-5806. (a) An applicant who meets the requirements for licensure pursuant to this the professional counselors licensure act, has paid the license fee provided for by K.S.A. 65-5808, and amendments thereto, and has otherwise complied with the provisions of this act shall be licensed by the board.
(b) Licenses issued pursuant to this act shall expire 24 months from the date of issuance unless revoked prior to that time. A license may be renewed upon application and payment of the fee provided for by K.S.A. 65-5808, and amendments thereto. The application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed during the previous 24 months the continuing education required by rules and regulations of the board. Prior to July 1, 2025, as part of such continuing education, a licensee shall complete not less than six continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics. On and after July 1, 2025, as part of such continuing education, a licensee shall complete not less than three continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics.
(c) (1) A licensee who is unable to complete the required continuing education hours for renewal may request additional time to complete any remaining continuing education hours. Such request shall be made to the board not later than 30 calendar days prior to the expiration of the license and shall include:
(A) The licensee’s reason for requesting additional time, showing extenuating circumstances for why the hours could not be completed during the license period; and
(B) a plan outlining the manner in which the licensee intends to complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months beyond the license expiration date to complete the required continuing education hours.
(3) A licensee who receives additional time to complete continuing education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report to the board the number of continuing education hours completed on such date;
(B) notify the board upon completing the remaining continuing education hours; and
(C) be subject to an audit by the board of the total number of continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time granted under this subsection shall be credited only toward the requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete continuing education requirements in consecutive license periods.
(d) A person whose license has been suspended or revoked may make written application to the board requesting reinstatement of the license upon termination of the period of suspension or revocation in a manner prescribed by the board, which and such application shall be accompanied by the fee provided for by K.S.A. 65-5808, and amendments thereto.
(e) (1) A person whose license has expired may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, and such application shall be accompanied by:
(A) The renewal fee established under K.S.A. 65-5808, and amendments thereto, and, for any person whose license has been expired for one year or less, an additional fee equal to the renewal fee; and
(B) evidence satisfactory to the board that the person has completed during the previous 24 months the continuing education requirements for one license period.
(2) A person requesting to reinstate a license that has been expired for longer than one year who has not completed the necessary continuing education hours for reinstatement may submit an application for a six-month reinstatement temporary license in a manner prescribed by the board, and such application shall be accompanied by the fee as provided by K.S.A. 65-5808, and amendments thereto. A licensee practicing under a six-month reinstatement temporary license shall complete the continuing education requirements required for a permanent license prior to the expiration of the temporary license and notify the board upon such completion. A six-month reinstatement temporary license shall not be extended or renewed.
(d)(f) Within 30 days after any change of permanent address, a licensee shall notify the board of such change.
Sec. 7. K.S.A. 2022 Supp. 65-5807 is hereby amended to read as follows: 65-5807. (a) The board may issue a license to an individual who is currently registered, certified or licensed to practice professional counseling in another jurisdiction if the board determines that:
(1) The standards for registration, certification or licensure to practice professional counseling in the other jurisdiction are substantially equivalent to the requirements of this state; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice professional counseling with a similar scope of practice for at least 48 of the last 54 12 months immediately preceding the application with at least the minimum professional experience as established by rules and regulations of the board;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) at least a master’s degree in counseling or a related field from a regionally accredited university or college.
(b) Applicants for licensure as a clinical professional counselor shall additionally demonstrate competence to diagnose and treat mental disorders through meeting the requirements of either subsection (a)(1) or (a)(2) and at least two of the following areas acceptable to the board:
(1) Either graduate coursework as established by rules and regulations of the board or passing a national clinical examination approved by the board;
(2) three years of clinical practice with demonstrated experience in diagnosing or treating mental disorders; or
(3) attestation from a professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery stating that the applicant is competent to diagnose and treat mental disorders.
(c) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 65-5808, and amendments thereto, if required by the board. Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall submit the license fee as provided by K.S.A. 65-5808, and amendments thereto.
Sec. 8. K.S.A. 2022 Supp. 65-5808 is hereby amended to read as follows: 65-5808. (a) The board may fix collect the following fees, and any such fees shall be established by rules and regulations adopted by the board:
(1) For application for licensure as a professional counselor, not more than $100;
(2) for an original license as a professional counselor, not more than $175;
(3) for a temporary license as a professional counselor, not more than $175;
(4) for a six-month reinstatement temporary license as a professional counselor, not more than $50;
(5) for renewal for licensure as a professional counselor, not more than $150;
(5)(6) for application for licensure as a clinical professional counselor, not more than $175;
(6)(7) for licensure as a clinical professional counselor, not more than $175;
(7)(8) for renewal for licensure as a clinical professional counselor, not more than $175;
(9) for a six-month reinstatement temporary license as a clinical professional counselor, not more than $50;
(8)(10) for a community-based professional counselor license, not more than $175;
(11) for late renewal penalty, an amount equal to the fee for renewal of a license;
(9)(12) for reinstatement of a license, not more than $175;
(10)(13) for replacement of a license, not more than $20;
(11)(14) for a wallet card license, not more than $5; and
(12)(15) for application as a board-approved clinical supervisor, not more than $50.
(b) Fees paid to the board are not refundable.
Sec. 9. K.S.A. 65-6302 is hereby amended to read as follows: 65-6302. As used in this the social workers licensure act, unless the context clearly requires otherwise, the following words and phrases shall have the meaning ascribed to them in this section:
(a) “Board” means the behavioral sciences regulatory board created by K.S.A. 74-7501, and amendments thereto.
(b) “Extenuating circumstances” means any condition or situation caused by events beyond a person’s control that is sufficiently extreme in nature to result in the:
(1) Person’s inability to comply with requirements; or
(2) inadvisability of requiring the person to comply with requirements.
(c) “Psychotherapy” means the use of psychological and social methods within a professional relationship to assist the person or persons to achieve a better psychosocial adaptation to acquire greater human realization of psychosocial potential and adaptation to modify internal and external conditions that affect individuals, groups or communities in respect to behavior, emotions and thinking and in respect to their intra-personal and inter-personal processes. Forms of “psychotherapy” include, but are not limited to, individual psychotherapy, conjoint marital therapy, family therapy and group psychotherapy.
(d) “Social work practice” means the professional activity of helping individuals, groups or communities enhance or restore their capacity for physical, social and economic functioning and the professional application of social work values, principles and techniques in areas such as psychotherapy, social service administration, social planning, social work consultation and social work research to one or more of the following ends: Helping people obtain tangible services; counseling with individuals, families and groups; helping communities or groups provide or improve social and health services; and participating in relevant social action. The practice of social work requires knowledge of human development and behavior; of social, economic and cultural institutions and forces; and of the interaction of all these factors. Social work practice includes the teaching of practicum courses in social work and includes the diagnosis and treatment of mental disorders as authorized under K.S.A. 65-6306 and 65-6319, and amendments thereto.
(c) “Psychotherapy” means the use of psychological and social methods within a professional relationship, to assist the person or persons to achieve a better psychosocial adaptation to acquire greater human realization of psychosocial potential and adaptation; to modify internal and external conditions which affect individuals, groups or communities in respect to behavior, emotions and thinking, in respect to their intra-personal and inter-personal processes. Forms of psychotherapy include but are not restricted to individual psychotherapy, conjoint marital therapy, family therapy and group psychotherapy.
Sec. 10. K.S.A. 2022 Supp. 65-6306 is hereby amended to read as follows: 65-6306. (a) The board shall issue a license as a baccalaureate social worker to an applicant who has:
(1) A baccalaureate degree from an accredited college or university, including completion of a social work program recognized and approved by the board, pursuant to rules and regulations adopted by the board;
(2) passed an examination approved by the board for this purpose; and
(3) satisfied the board that the applicant is a person who merits the public trust; and
(4) paid an application fee established by the board under K.S.A. 65-6314, and amendments thereto, and, upon notification from the board that all eligibility requirements have been satisfied, the license fee established by the board pursuant to K.S.A. 65-5808, and amendments thereto.
(b) (1) An applicant for a baccalaureate social work license who received a baccalaureate degree from a social work program in candidacy status from an accrediting body recognized by the board may request a temporary candidacy baccalaureate social work license upon:
(A) Demonstrating receipt of a baccalaureate degree from a college or university, including completion of a social work program in candidacy from an accrediting body recognized by the board;
(B) passing an examination approved by the board for the purpose of such temporary candidacy licensure;
(C) submitting a completed, signed temporary candidacy baccalaureate social work license application on a form and in a manner provided by the board;
(D) satisfying the board that the applicant is a person who merits the public trust; and
(E) paying the temporary candidacy baccalaureate social worker fee as established under K.S.A. 65-6314, and amendments thereto, upon notification from the board that all eligibility requirements have been satisfied.
(2) A temporary candidacy baccalaureate social work license shall expire on the last day of the 24th month after the temporary candidacy baccalaureate social work license’s effective date. Such license is nonrenewable, but, upon request by the license holder using a form approved by the board and paying the appropriate fee, the license shall be extended upon a showing that the social work program remains in candidacy status with the accrediting body recognized by the board. In all professional use of the social worker’s name, an individual with a temporary candidacy baccalaureate social work license shall represent themselves as a temporary candidacy baccalaureate social worker. An individual with such license may not use the credentials “LBSW.” The word “licensed” may be used only when followed by the words “by temporary candidacy license.” An individual issued a temporary candidacy baccalaureate social work license shall practice under supervision and shall not be required to complete continuing education. If the accrediting body recognized by the board grants accreditation to the program in candidacy status, the holder of the temporary candidacy baccalaureate social work license shall receive a permanent license upon payment of the appropriate fee. If the accrediting body recognized by the board does not grant accreditation to the program in candidacy status, the board shall immediately revoke the temporary license and notify the licensee of the revocation of such license.
(c) The board shall issue a license as a master social worker to an applicant who has:
(1) Except as provided in subsection (f), A master’s degree from an accredited college or university, including completion of a social work program recognized and approved by the board, pursuant to rules and regulations adopted by the board;
(2) passed an examination approved by the board for this purpose; and
(3) satisfied the board that the applicant is a person who merits the public trust; and
(4) paid an application fee established by the board under K.S.A. 65-6314, and amendments thereto, and, upon notification from the board that all eligibility requirements have been satisfied, paid the license fee established under K.S.A. 65-5808, and amendments thereto.
(d) (1) An applicant for a master social work license who received a master’s degree from a social work program in candidacy status from an accrediting body recognized by the board may request a temporary candidacy master social work license upon:
(A) Demonstrating receipt of a master’s degree from a college or university, including completion of a social work program in candidacy from an accrediting body recognized by the board;
(B) passing an examination approved by the board for the purpose of such temporary candidacy licensure;
(C) submitting a completed, signed temporary candidacy master social work license application on a form and in a manner provided by the board;
(D) satisfying the board that the applicant is a person who merits the public trust; and
(E) paying the temporary candidacy master social worker fee as established under K.S.A. 65-6314, and amendments thereto, upon notification from the board that all eligibility requirements have been satisfied.
(2) A temporary candidacy master social work license shall expire on the last day of the 24th month after the temporary candidacy master social work license’s effective date. Such license is nonrenewable, but, upon request by the license holder using a form approved by the board and paying the appropriate fee, the license shall be extended upon a showing that the social work program remains in candidacy status with the accrediting body recognized by the board. In all professional use of the social worker’s name, an individual with a temporary candidacy master social work license shall represent themselves as a temporary candidacy master social worker. An individual with such license shall not use the credentials “LMSW.” The word “licensed” may be used only when followed by the words “by temporary candidacy license.” An individual issued a temporary candidacy master social work license shall practice under supervision and shall not be required to complete continuing education. If the accrediting body recognized by the board grants accreditation to the program in candidacy status, the holder of the temporary candidacy master social work license shall receive a permanent license upon payment of the appropriate fee. If the accrediting body recognized by the board does not grant accreditation to the program in candidacy status, the board shall immediately revoke the temporary license and notify the licensee of the revocation of such license.
(c)(e) The board shall issue a license in one of the social work specialties to an applicant who has:
(1) A master’s or doctor’s degree from an accredited graduate school of social work, including completion of a social work program recognized and approved by the board, pursuant to rules and regulations adopted by the board;
(2) had two years of full-time post-master’s or post-doctor’s degree experience under the supervision of a licensed social worker in the area of the specialty in which such applicant seeks to be licensed;
(3) passed an examination approved by the board for this purpose; and
(4) satisfied the board that the applicant is a person who merits the public trust; and
(5) upon notification from the board that all eligibility requirements have been satisfied, paid the license fee established under K.S.A. 65-6314, and amendments thereto.
(d)(f) (1) The board shall issue a license as a specialist clinical social worker to an applicant who:
(A) Has met the requirements of subsection (c) (e);
(B) has completed 15 3 credit hours as part of or in addition to the requirements under subsection (c) (e) supporting diagnosis or treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, through identifiable study of the following content areas: psychopathology, diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches and professional ethics;
(C) has completed a graduate level supervised clinical practicum of supervised professional experience, including, but not limited to, psychotherapy and assessment, integrating diagnosis or diagnostic impressions and treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual or additional postgraduate supervised experience as determined by the board;
(D) has completed as part of or in addition to the requirements of subsection (c) (e) not less than two years of postgraduate supervised professional experience, in accordance with a clinical supervision plan approved by the board of not less than 3,000 hours of supervised professional experience including at least 1,500 hours of direct client contact, including, but not limited to, conducting psychotherapy and assessments with individuals, couples, families or groups integrating diagnosis or diagnostic impressions and treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual;
(E) for persons earning a degree under subsection (c) prior to July 1, 2003, in lieu of the education and training requirements under subparagraphs (B) and (C), has completed the education requirements for licensure as a specialist clinical social worker in effect on the day immediately preceding the effective date of this act;
(F) for persons who apply for and are eligible for a temporary license to practice as a specialist clinical social worker on the day immediately preceding the effective date of this act, in lieu of the education and training requirements under subparagraphs (B), (C) and (D), has completed the education and training requirements for licensure as a specialist clinical social worker in effect on the day immediately preceding the effective date of this act;
(G) has passed an examination approved by the board; and
(H) has paid the application fee.
(2) A licensed specialist clinical social worker may engage in the social work practice and is authorized to diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. When a client has symptoms of a mental disorder, a licensed specialist clinical social worker shall consult with the client’s primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client’s symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client’s record. A licensed specialist clinical social worker may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(3) Notwithstanding any other provision of this subsection, a licensed master social worker who has provided to the board an acceptable clinical supervision plan for licensure as a specialist clinical social worker prior to the effective date of this act shall be licensed as a specialist clinical social worker under this act upon completion of the requirements in effect for licensure as a specialist clinical social worker at the time the acceptable training plan is submitted to the board.
(4) A person licensed as a specialist clinical social worker on the day immediately preceding the effective date of this act shall be deemed to be a licensed specialist clinical social worker under this act. Such person shall not be required to file an original application for licensure as a specialist clinical social worker under this act.
(e)(g) The board shall adopt rules and regulations establishing the criteria that a social work program of a college or university shall satisfy to be recognized and approved by the board under this section. The board may send a questionnaire developed by the board to any college or university conducting a social work program for which the board does not have sufficient information to determine whether the program should be recognized and approved by the board and whether the program meets the rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the program to be considered for recognition and approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about a social work program of a college or university. In entering such contracts the authority to recognize and approve a social work program of a college or university shall remain solely with the board.
(f)(h) (1) Notwithstanding any pending candidacy for accreditation of the masters of social work program at Fort Hays state university, the board shall:
(A) Accept a master’s degree from such program as from an accredited college or university for the purpose of issuing a license as a master social worker to an applicant under subsection (b); and
(B) not impose any additional or alternative requirements to accreditation upon an applicant with such degree based on such program’s pending candidacy for accreditation.
(2) The provisions of this subsection shall apply retroactively and shall expire on July 1, 2023.
(i) (1) An individual may apply to the board for a community-based social work license to practice social work in the scope of employment by a community mental health center, as defined in K.S.A. 39-2002, and amendments thereto, a federally qualified health center, as defined in K.S.A. 65-7402, and amendments thereto, a psychiatric residential treatment facility as defined in K.S.A. 39-2002, and amendments thereto, or a private treatment facility as defined in K.S.A. 59-29b46, and amendments thereto.
(2) A community-based social work license may be issued by the board after the board reviews and approves the application and the applicant has paid the fee set by the board for issuance of a community-based social work license.
(3) (A) Absent extenuating circumstances approved by the board, a community-based social work license issued by the board shall expire:
(i) Upon the date the board issues or denies a license to practice social work; or
(ii) 24 months after the date of issuance of the community-based social work license.
(B) No community-based social work license shall be renewed or issued again on any subsequent application for the same license level. This paragraph shall not be construed to limit the number of times an applicant may take the examination.
(4) A person practicing social work with a community-based social work license may use the title “licensed baccalaureate social worker” or “licensed master social worker” or the initials “LBSW” or “LMSW” independently.
(5) No person may practice social work under a community-based social work license except under the supervision of a person licensed by the board to practice at the independent level.
(6) The board shall not issue a community-based social work license or temporary social work license to an individual who has previously been issued a community-based social work license or temporary social work license.
Sec. 11. K.S.A. 2022 Supp. 65-6309 is hereby amended to read as follows: 65-6309. (a) An applicant shall be exempted from the requirement for any examination provided for herein, if the applicant has taken and passed an examination similar to that for which exemption is sought, as determined by the board.
(b) Upon application, the board shall issue a temporary licenses bachelor’s social work license or a temporary master’s social work license to persons who have submitted documentation and met all qualifications for licensure under provisions of this act, except passage of the required examination, and who have paid the required fee.
(c) Absent extenuating circumstances approved by the board, a temporary bachelor’s social work license or a temporary master’s social work license issued by the board shall expire upon the date the board issues or denies a license to practice social work or 12 24 months after the date of issuance of the temporary license. No temporary bachelor’s social work license or temporary master’s social work license will be renewed or issued again on any subsequent applications for the same license level. The preceding provisions in no way limit the number of times an applicant may take the examination.
(d) No person may shall work under a temporary bachelor’s social work license or a temporary master’s social work license except under the supervision of a licensed social worker.
(e) Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary license shall be subject to the provisions of this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the license as provided under this section at the time of issuance of such temporary license.
(f) Any individual employed by a hospital and working in the area of hospital social services to patients of such hospital on July 1, 1974, is exempt from the provisions of this act.
(g) A person practicing social work with a temporary license may not use the title “licensed baccalaureate social worker” or “licensed master social worker” or use the initials “LBSW” or “LMSW,” independently. The word “licensed” may be used only when followed by the words “by temporary license.”
Sec. 12. K.S.A. 65-6313 is hereby amended to read as follows: 65-6313. (a) All licenses issued shall be effective upon the date issued and shall expire at the end of 24 months from the date of issuance.
(b) (1) Except as otherwise provided in K.S.A. 65-6311, and amendments thereto, a license may be renewed by the payment of the renewal fee set forth in K.S.A. 65-6314, and amendments thereto, and the execution and submission of a signed statement, on a form to be provided by the board, attesting that the applicant’s license has been neither revoked nor currently suspended and that applicant has met the requirements for continuing education established by the board including not less than three continuing education hours of professional ethics.
(2) Prior to July 1, 2025, an applicant for renewal of a license as a master social worker or a specialist clinical social worker, as part of such continuing education, shall complete not less than six continuing education hours relating to diagnosis and treatment of mental disorders. On and after July 1, 2025, such applicant shall complete not less than three continuing education hours relating to diagnosis and treatment of mental disorders.
(3) An applicant for first time licensure renewal as a baccalaureate social worker, master social worker or specialist clinical social worker, as part of such continuing education, shall complete not less than six hours of social worker safety awareness training. If the applicant for first time licensure renewal has already taken such training, as part of a previous level of social work licensure renewal, then the applicant is not required to complete an additional six hours of social worker safety training.
(c) The application for renewal shall be made on or before the date of the expiration of the license or on or before the date of the termination of the period of suspension.
(d) If the application for renewal, including payment of the required renewal fee, is not made on or before the date of the expiration of the license, the license is void, and no license shall be reinstated except upon payment of the required renewal fee established under K.S.A. 65-6314, and amendments thereto, plus a penalty equal to the renewal fee, and proof satisfactory to the board of the completion of 40 hours of continuing education within two years prior to application for reinstatement. Upon receipt of such payment and proof, the board shall reinstate the license. A license shall be reinstated under this subsection, upon receipt of such payment and proof, at any time after the expiration of such license. (1) A licensee who is unable to complete the required continuing education hours for renewal may request additional time to complete any remaining continuing education hours. Such request shall be made to the board not later than 30 calendar days prior to the expiration of the license and shall include:
(A) The licensee’s reason for requesting additional time, showing extenuating circumstances for why the hours could not be completed during the license period; and
(B) a plan outlining the manner in which the licensee intends to complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months beyond the license expiration date to complete the required continuing education hours.
(3) A licensee who receives additional time to complete continuing education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report to the board the number of continuing education hours completed on such date;
(B) notify the board upon completing the remaining continuing education hours; and
(C) be subject to an audit by the board of the total number of continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time granted under this subsection shall be credited only toward the requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete continuing education requirements in consecutive license periods.
(e) (1) A person whose license has expired may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, and such application shall be accompanied by:
(A) The renewal fee established under K.S.A. 65-6314, and amendments thereto, and, for any person whose license has been expired for one year or less, an additional fee equal to the renewal fee; and
(B) evidence satisfactory to the board that the person has completed during the previous 24 months the continuing education requirements for one license period.
(2) A person requesting to reinstate a license that has been expired for longer than one year who has not completed the necessary continuing education hours for reinstatement may submit an application for a six-month reinstatement temporary license in a manner prescribed by the board, and such application shall be accompanied by the fee established under K.S.A. 65-6314, and amendments thereto. A licensee practicing under a six-month reinstatement temporary license shall complete the continuing education requirements required for a permanent license prior to the expiration of the temporary license and notify the board upon such completion. A six-month reinstatement temporary license shall not be extended or renewed.
(e)(f) In case of a lost or destroyed license, and upon satisfactory proof of the loss or destruction thereof, the board may issue a duplicate license and shall charge a fee as set forth in K.S.A. 65-6314, and amendments thereto, for such duplicate license.
(f)(g) Within 30 days after any change of permanent address, a licensee shall notify the board of such change.
Sec. 13. K.S.A. 65-6314 is hereby amended to read as follows: 65-6314. (a) The following fees may be established by the board in accordance with the following limitations, and any such fees shall be established by rules and regulations adopted by the board:
(1) Renewal or reinstatement fee for a license as a social work associate shall be not more than $150.
(2) Application, new license, reinstatement or renewal fee for a license as a baccalaureate social worker shall be not more than $150.
(3) Application, new license, reinstatement or renewal fee for a license as master social worker shall be not more than $150.
(4) Application, new license, reinstatement or renewal fee for a license in a social work specialty shall be not more than $150.
(5) Replacement fee for reissuance of a license certificate due to loss or name change shall be not more than $20.
(6) Replacement fee for reissuance of a wallet card shall be not more than $5.
(7) Temporary license fee for a baccalaureate social worker, master social worker or a social work specialty shall be not more than $50.
(8) Temporary candidacy license fee for a baccalaureate social worker, master social worker or a social work specialty shall be not more than $75.
(9) Six-month reinstatement temporary license fee for a baccalaureate social worker, master social worker or a social work specialty shall be not more than $50.
(10) Community-based license fee for a baccalaureate social worker, master social worker or social work specialty shall be not more than $175.
(11) Application fee for approval as board-approved continuing education sponsors shall be as follows:
(A) Initial application fee for one year provisionally approved providers shall be not more than $125;
(B) three-year renewal fees for approved providers shall be not more than $350; and
(C) application fees for single program providers shall be not more than $50 for each separately offered continuing education activity for which prior approval is sought.
(b) Fees paid to the board are not refundable.
Sec. 14. K.S.A. 2022 Supp. 65-6322 is hereby amended to read as follows: 65-6322. (a) The board may issue a license to an individual who is currently registered, certified or licensed to practice social work in another jurisdiction, if the board determines that:
(1) The standards for registration, certification or licensure to practice social work at the baccalaureate level in another jurisdiction are substantially the equivalent of the requirements in the social workers licensure act and rules and regulations of the board for licensure as a baccalaureate social worker; or
(2) the applicant demonstrates compliance on forms set by the board, with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice social work at the baccalaureate level with a similar scope of practice for at least 48 of the last 54 12 months immediately preceding the application, with at least the minimum professional experience as established by rules and regulations of the board;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) completion of a baccalaureate degree in social work from a regionally accredited university.
(b) The board may issue a license to an individual who is currently registered, certified or licensed to practice social work in another jurisdiction, if the board determines that:
(1) The standards for registration, certification or licensure to practice social work at the master’s level in another jurisdiction are substantially the equivalent of the requirements in the social workers licensure act and rules and regulations of the board for licensure as a master social worker; or
(2) the applicant demonstrates compliance on forms set by the board, with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice social work at the master level with a similar scope of practice for at least 48 of the last 54 12 months immediately preceding the application with at least the minimum professional experience as established by rules and regulations of the board;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) completion of a master’s degree in social work from a regionally accredited university.
(c) Applicants for licensure as a specialist clinical social worker shall demonstrate:
(1) That the applicant meets the requirements of subsection (b);
(2) that the applicant is currently licensed to practice social work at the clinical level in another state; and
(3) competence to diagnose and treat mental disorders by meeting at least two of the following areas acceptable to the board:
(A) Passing a national clinical examination approved by the board;
(B) three years of clinical practice with demonstrated experience in diagnosing or treating mental disorders; or
(C) attestation from a professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery, stating that the applicant is competent to diagnose and treat mental disorders.
(d) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 65-6411, and amendments thereto, if required by the board. Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall submit the license fee as provided in K.S.A. 65-6411, and amendments thereto.
Sec. 15. K.S.A. 65-6402 is hereby amended to read as follows: 65-6402. As used in the marriage and family therapists licensure act:
(a) “Board” means the behavioral sciences regulatory board created under K.S.A. 74-7501 and amendments thereto.
(b) “Marriage and family therapy” means the assessment and treatment of cognitive, affective or behavioral problems within the context of marital and family systems and includes the diagnosis and treatment of mental disorders as authorized under the marriage and family therapists licensure act.
(c) “Licensed marriage and family therapist” means a person who engages in the practice of marriage and family therapy and who is licensed under this act except that on and after January 1, 2002, such person shall engage in the practice of marriage and family therapy only under the direction of a licensed clinical marriage and family therapist, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders “Extenuating circumstances” means any condition or situation caused by events beyond an individual’s control that is sufficiently extreme in nature to result in the:
(1) Individual’s inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with requirements.
(d)(c) “Licensed clinical marriage and family therapist” means a person who engages in the independent practice of marriage and family therapy including the diagnosis and treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations and is licensed under this act.
(d) “Licensed marriage and family therapist” means a person who engages in the practice of marriage and family therapy, is licensed under this act and engages in the practice of marriage and family therapy only under the direction of a licensed clinical marriage and family therapist, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders.
(e) “Marriage and family therapy” means the assessment and treatment of cognitive, affective or behavioral problems within the context of marital and family systems and includes the diagnosis and treatment of mental disorders as authorized under the marriage and family therapists licensure act.
Sec. 16. K.S.A. 2022 Supp. 65-6404 is hereby amended to read as follows: 65-6404. (a) An applicant for licensure as a marriage and family therapist shall furnish evidence that the applicant has:
(1) Attained 21 years of age;
(2) (A) completed a master’s or doctoral degree from a marriage and family therapy program, in an educational institution with standards approved by the board; (B) has completed a master’s or doctoral degree from an educational institution in a related field for which the course work is considered by the board to be equivalent to that provided in subparagraph (A) and consists of a minimum of nine semester hours in human development, nine semester hours in theories of marriage and family functioning, nine semester hours of marital and family assessment and therapy, three semester hours in professional studies and three semester hours in research and has completed an academically supervised practicum in the master’s degree program with at least 300 hours of direct client contact or a combined 300 hours of direct client contact and additional postgraduate supervised experience; or (C) completed a master’s or doctoral degree from an educational institution in a related field with additional work from an educational program in marriage and family therapy approved by the board and such degree program and additional work includes the course work requirements provided in subparagraph (B);
(3) passed an examination approved by the board;
(4) satisfied the board that the applicant is a person who merits the public trust; and
(5) paid the application fee established by the board under K.S.A. 65-6411, and amendments thereto.
(b) (1) Applications for licensure as a clinical marriage and family therapist shall be made to the board on a form and in the manner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant:
(A) Is licensed by the board as a licensed marriage and family therapist or meets all requirements for licensure as a marriage and family therapist;
(B) has completed 15 credit hours as part of or in addition to the requirements under subsection (a) supporting diagnosis or treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, through identifiable study of the following content areas: Psychopathology, diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches and professional ethics;
(C) has completed a graduate level supervised clinical practicum of supervised professional experience including psychotherapy and assessment with individuals, couples, families or groups, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, with not less than 350 300 hours of direct client contact or additional postgraduate supervised experience as determined by the board;
(D) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 3,000 hours of supervised professional experience including at least 1,500 hours of direct client contact conducting psychotherapy and assessments with individuals, couples, families or groups and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, except that the board may waive 1/2 of the hours required by this subparagraph for an individual who has a doctor’s degree in marriage and family therapy or a related field acceptable to the board and who completes the required 1/2 of the hours in not less than one year of supervised professional experience;
(E) for persons who earned a degree under subsection (a) prior to July 1, 2003, in lieu of the education and training requirements under subparagraphs (B) and (C), has completed the education requirements for licensure as a marriage and family therapist in effect on the day immediately preceding the effective date of this act;
(F) for persons who apply for and are eligible for a temporary permit to practice as a licensed marriage and family therapist on the day immediately preceding the effective date of this act, in lieu of the education and training requirements under subparagraphs (B), (C) and (D), has completed the education and training requirements for licensure as a marriage and family therapist in effect on the day immediately preceding the effective date of this act;
(G) has passed an examination approved by the board; and
(H) has paid the application fee fixed set under K.S.A. 65-6411, and amendments thereto.
(2) A person who was licensed or registered as a marriage and family therapist in Kansas at any time prior to the effective date of this act, who has been actively engaged in the practice of marriage and family therapy as a registered or licensed marriage and family therapist within five years prior to the effective date of this act and whose last license or registration in Kansas prior to the effective date of this act was not suspended or revoked, upon application to the board, payment of fees and completion of applicable continuing education requirements, shall be licensed as a licensed clinical marriage and family therapist by providing demonstration of competence to diagnose and treat mental disorders through at least two of the following areas acceptable to the board:
(A) Either: (i) Graduate coursework; or (ii) passing a national, clinical examination;
(B) either: (i) Three years of clinical practice in a community mental health center, its contracted affiliate or a state mental hospital; or (ii) three years of clinical practice in other settings with demonstrated experience in diagnosing or treating mental disorders; or
(C) attestation from one professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery that the applicant is competent to diagnose and treat mental disorders.
(3) A licensed clinical marriage and family therapist may engage in the independent practice of marriage and family therapy and is authorized to diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. When a client has symptoms of a mental disorder, a licensed clinical marriage and family therapist shall consult with the client’s primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client’s symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client’s record. A licensed clinical marriage and family therapist may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(4) On and after January 1, 2002, a licensed marriage and family therapist may diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations only under the direction of a licensed clinical marriage and family therapist, licensed psychologist, person licensed to practice medicine and surgery or person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders. When a client has symptoms of a mental disorder, a licensed marriage and family therapist shall consult with the client’s primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client’s symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client’s record. A licensed marriage and family therapist may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(c) (1) An individual may apply to the board for a community-based marriage and family therapist license to practice marriage and family therapy in the scope of employment by a community mental health center, as defined in K.S.A. 39-2002, and amendments thereto, a federally qualified health center, as defined in K.S.A. 65-7402, and amendments thereto, a psychiatric residential treatment facility as defined in K.S.A. 39-2002, and amendments thereto, or a private treatment facility as defined in K.S.A. 59-29b46, and amendments thereto.
(2) A community-based marriage and family therapist license may be issued by the board after the board reviews and approves the application and the applicant has paid the fee set by the board for issuance of a community-based marriage and family therapist license.
(3) (A) Absent extenuating circumstances approved by the board, a community-based marriage and family therapist license issued by the board shall expire:
(i) Upon the date the board issues or denies a license to practice marriage and family therapy; or
(ii) 24 months after the date of issuance of the community-based marriage and family therapist license.
(B) No community-based marriage and family therapist license shall be renewed or issued again on any subsequent application for the same license level. This paragraph shall not be construed to limit the number of times an applicant may take the examination.
(4) A person practicing marriage and family therapy with a community-based marriage and family therapist license may use the title “licensed marriage and family therapist” or the initials “LMFT” independently.
(5) No person may practice marriage and family therapy under a community-based marriage and family therapist license except under the supervision of a person licensed by the board to practice at the independent level.
(6) The board shall not issue a community-based marriage and family therapist license or temporary marriage and family therapist license to an individual who has previously been issued a community-based marriage and family therapist license or temporary marriage and family therapist license.
Sec. 17. K.S.A. 2022 Supp. 65-6405 is hereby amended to read as follows: 65-6405. (a) A person who is waiting to take the examination required by the board may apply to the board for a temporary marriage and family therapy license to practice as a licensed marriage and family therapist by:
(1) Paying an application a temporary license fee as established by the board under K.S.A. 65-6411, and amendments thereto; and
(2) meeting the application requirements as stated in K.S.A. 65-6404(a)(1), (a)(2) and, (a)(4) and (a)(5), and amendments thereto.
(b) A person who is waiting to take the license examination required by the board, and who has not completed a practicum including 300 hours of direct client contact but has been approved by the board to complete other postgraduate experience totaling 300 hours, may apply to the board for a temporary marriage and family therapy license to practice as a licensed marriage and family therapist by:
(1) Paying a temporary license fee established by the board under K.S.A. 65-6411, and amendments thereto; and
(2) meeting the application requirements as stated in K.S.A. 65-6404(a)(1), (a)(2), (a)(4) and (a)(5), and amendments thereto, and, except for the requirement to complete a practicum or other postgraduate experience, the requirements of K.S.A. 65-6404(a)(2), and amendments thereto.
(c) (1) A temporary marriage and family therapy license may be issued by the board after the application has been reviewed and approved by the board and the applicant has paid the appropriate fee as established by the board under K.S.A. 65-6411, and amendments thereto.
(2) Absent extenuating circumstances approved by the board, a temporary license issued by the board shall expire upon the date the board issues or denies the person a license to practice marriage and family therapy or 12 24 months after the date of issuance of the temporary license.
(3) No temporary license shall be renewed or issued again on any subsequent application for the same license level. The preceding provision in no way limits the number of times an applicant may take the examination.
(c) A person practicing marriage and family therapy with a temporary marriage and family therapy license may not use the title “licensed marriage and family therapist” or the initials “LMFT” independently. The word “licensed” may be used only when followed by the words “by temporary license.”
(d) No person may practice marriage and family therapy under a temporary marriage and family therapy license except under the supervision of a person licensed by the behavioral sciences regulatory board at the independent level.
(e) Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary license shall be subject to the provisions of this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the license as provided under this section at the time of issuance of such temporary license.
Sec. 18. K.S.A. 2022 Supp. 65-6406 is hereby amended to read as follows: 65-6406. (a) The board may issue a license to an individual who is currently registered, certified or licensed to practice marriage and family therapy in another jurisdiction if the board determines that:
(1) The standards for registration, certification or licensure to practice marriage and family therapy in the other jurisdiction are substantially the equivalent of the requirements of the marriage and family therapists licensure act and rules and regulations of the board; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice marriage and family therapy with a similar scope of practice for at least 48 of the last 54 12 months immediately preceding the application with at least the minimum professional experience as established by rules and regulations of the board;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) completion of at least a master’s degree in marriage and family therapy or a related field as approved by the board from a regionally accredited university.
(b) Applicants for licensure as a clinical marriage and family therapist shall additionally demonstrate competence to diagnose and treat mental disorders through meeting the requirements of either subsection (a)(1) or (a)(2) and at least two of the following areas acceptable to the board:
(1) Either graduate coursework as established by rules and regulations of the board or passing a national clinical examination approved by the board;
(2) three years of clinical practice with demonstrated experience in diagnosing or treating mental disorders; or
(3) attestation from a professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery stating that the applicant is competent to diagnose and treat mental disorders.
(c) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 65-6411, and amendments thereto, if required by the board. Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall pay the license fee as provided in K.S.A. 65-6411, and amendments thereto.
Sec. 19. K.S.A. 65-6407 is hereby amended to read as follows: 65-6407. (a) An applicant who meets the requirements for licensure pursuant to this act, has paid the license fee provided for by K.S.A. 65-6411, and amendments thereto, and has otherwise complied with the provisions of this act shall be licensed by the board.
(b) Licenses issued pursuant to this act shall expire 24 months from the date of issuance unless revoked prior to that time. A license may be renewed upon application and payment of the fee provided for by K.S.A. 65-6411, and amendments thereto. The application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed during the previous 24 months the continuing education required by rules and regulations of the board. Prior to July 1, 2025, as part of such continuing education, the applicant shall complete not less than six continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics. On and after July 1, 2025, as part of such continuing education, a licensee shall complete not less than three continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics.
(c) (1) A licensee who is unable to complete the required continuing education hours for renewal may request additional time to complete any remaining continuing education hours. Such request shall be made to the board not later than 30 calendar days prior to the expiration of the license and shall include:
(A) The licensee’s reason for requesting additional time, showing extenuating circumstances for why the hours could not be completed during the license period; and
(B) a plan outlining the manner in which the licensee intends to complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months beyond the license expiration date to complete the required continuing education hours.
(3) A licensee who receives additional time to complete continuing education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report to the board the number of continuing education hours completed on such date;
(B) notify the board upon completing the remaining continuing education hours; and
(C) be subject to an audit by the board of the total number of continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time granted under this subsection shall be credited only toward the requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete continuing education requirements in consecutive license periods.
(d) A person whose license has been suspended or revoked may make written application to the board requesting reinstatement of the license upon termination of the period of suspension or revocation in a manner prescribed by the board, which application shall be accompanied by the fee provided for by K.S.A. 65-6411, and amendments thereto.
(e) (1) A person whose license has expired may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, and such application shall be accompanied by:
(A) The renewal fee established under K.S.A. 65-6411, and amendments thereto, and, for any person whose license has been expired for one year or less, an additional fee equal to the renewal fee; and
(B) evidence satisfactory to the board that the person has completed during the previous 24 months the continuing education requirements for one license period.
(2) A person requesting to reinstate a license that has been expired for longer than one year who has not completed the necessary continuing education hours for reinstatement may submit an application for a six-month reinstatement temporary license in a manner prescribed by the board, and such application shall be accompanied by the fee established under K.S.A. 65-6411, and amendments thereto. A licensee practicing under a six-month reinstatement temporary license shall complete the continuing education requirements required for a permanent license prior to the expiration of the temporary license and notify the board upon such completion. A six-month reinstatement temporary license shall not be extended or renewed.
(d)(f) Within 30 days after any change of permanent address, a licensee shall notify the board of such change.
Sec. 20. K.S.A. 2022 Supp. 65-6411 is hereby amended to read as follows: 65-6411. (a) The board may fix collect the following fees, and any such fees shall be established by rules and regulations adopted by the board:
(1) For application for licensure as a marriage and family therapist, not to exceed $150;
(2) for temporary licensure as a marriage and family therapist, not to exceed $175;
(3) for original licensure as a marriage and family therapist, not to exceed $175;
(4) for renewal for licensure as a marriage and family therapist, not to exceed $175;
(5) for a six-month reinstatement temporary license as a marriage and family therapist, not to exceed $50;
(6) for application for licensure as a clinical marriage and family therapist, not to exceed $175;
(6)(7) for original licensure as a clinical marriage and family therapist, not to exceed $175;
(7)(8) for renewal for licensure as a clinical marriage and family therapist, not to exceed $175;
(9) for a six-month reinstatement temporary license as a clinical marriage and family therapist, not more than $50;
(8)(10) for community-based licensure as a marriage and family therapist, not to exceed $175;
(11) for reinstatement of a license, not to exceed $175;
(9)(12) for replacement of a license, not to exceed $20;
(10)(13) for renewal penalty, an amount equal to the renewal of license;
(11)(14) for a wallet card license, not to exceed $5; and
(12)(15) for application for approval as a board-approved clinical supervisor, not to exceed $50.
(b) Fees paid to the board are not refundable.
Sec. 21. K.S.A. 65-6608 is hereby amended to read as follows: 65-6608. As used in the addiction counselor licensure act:
(a) “Board” means the behavioral sciences regulatory board created under K.S.A. 74-7501, and amendments thereto.
(b) “Addiction counseling” means the utilization of special skills to assist persons with addictions, and to assist such persons’ families and friends to achieve resolution of addiction through the exploration of the disease and its ramifications, the examination of attitudes and feelings, the consideration of alternative solutions and decision making, as these relate specifically to addiction. Evaluation and assessment, treatment including treatment plan development, crisis intervention, referral, record keeping and clinical consultation specifically related to addiction are within the scope of addiction counseling. Additionally, at the clinical level of licensure, addiction counseling includes independent practice and the diagnosis and treatment of substance use disorders.
(b) “Board” means the behavioral sciences regulatory board created under K.S.A. 74-7501, and amendments thereto.
(c) “Extenuating circumstances” means any condition or situation caused by events beyond an individual’s control that is sufficiently extreme in nature to result in the:
(1) Individual’s inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with requirements.
(d) “Licensed addiction counselor” means a person who engages in the practice of addiction counseling limited to substance use disorders and who is licensed under this act. Such person shall engage in the practice of addiction counseling in a state-licensed or certified alcohol and other drug treatment program or in completing a Kansas domestic violence offender assessment for participants in a certified batterer intervention program pursuant to K.S.A. 75-7d01 through 75-7d13, and amendments thereto, unless otherwise exempt from licensure under K.S.A. 59-29b46(n), and amendments thereto.
(d) “Licensed master’s addiction counselor” means a person who engages in the practice of addiction counseling limited to substance use disorders and who is licensed under this act. Such person may diagnose substance use disorders only under the direction of a licensed clinical addiction counselor, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of substance abuse disorders or mental disorders.
(e) “Licensed clinical addiction counselor” means a person who engages in the independent practice of addiction counseling and diagnosis and treatment of substance use disorders specified in the edition of the American psychiatric association’s diagnostic and statistical manual of mental disorders (DSM) designated by the board by rules and regulations and is licensed under this act.
(f) “Licensed master’s addiction counselor” means a person who engages in the practice of addiction counseling limited to substance use disorders and who is licensed under the addiction counselor licensure act. Such person may diagnose substance use disorders only under the direction of a licensed clinical addiction counselor, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of substance abuse disorders or mental disorders.
Sec. 22. K.S.A. 2022 Supp. 65-6610 is hereby amended to read as follows: 65-6610. (a) An applicant for licensure as an addiction counselor shall furnish evidence that the applicant:
(1) Has attained 21 years of age;
(2) (A) has completed at least a baccalaureate degree from an addiction counseling program that is part of a college or university approved by the board;
(B) has completed at least a baccalaureate degree from a college or university approved by the board. As part of, or in addition to, the baccalaureate degree coursework, such applicant shall also complete a minimum number of semester hours of coursework on substance use disorders as approved by the board;
(C) is currently licensed in Kansas as a licensed baccalaureate social worker and has completed a minimum number of semester hours of coursework on substance use disorders as approved by the board; or
(D) is currently licensed in Kansas by the board as a master social worker, specialist clinical social worker, professional counselor, clinical professional counselor, marriage and family therapist, clinical marriage and family therapist, master’s level psychologist, clinical psychotherapist or psychologist. Such licensees shall be eligible to take the examination as required by paragraph (3);
(3) has passed an examination approved by the board;
(4) has satisfied the board that the applicant is a person who merits the public trust; and
(5) has paid the application fee established by the board under K.S.A. 65-6618, and amendments thereto, and, upon notification from the board that all eligibility requirements have been satisfied, paid the license fee established under K.S.A. 65-6618, and amendments thereto.
(b) Applications for licensure as a master’s addiction counselor shall be made to the board on a form and in the manner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant:
(1) (A) Has attained 21 years of age;
(B) (i) has completed at least a master’s degree from an addiction counseling program that is part of a college or university approved by the board;
(ii) has completed at least a master’s degree from a college or university approved by the board. As part of or in addition to the master’s degree coursework, such applicant shall also complete a minimum number of semester hours of coursework supporting the diagnosis and treatment of substance use disorders as approved by the board; or
(iii) is currently licensed in Kansas as a licensed master social worker, licensed professional counselor, licensed marriage and family therapist or licensed master’s level psychologist;
(C) has passed an examination approved by the board;
(D) has satisfied the board that the applicant is a person who merits the public trust; and
(E) has paid the application fee fixed set under K.S.A. 65-6618, and amendments thereto, and, upon notification from the board that all eligibility requirements have been satisfied, paid the license fee as provided by K.S.A. 65-6618, and amendments thereto; or
(2) (A) has met the following requirements on or before July 1, 2016:
(i) Holds an active license by the board as an addiction counselor; and
(ii) has completed at least a master’s degree in a related field from a college or university approved by the board; and
(B) has completed six hours of continuing education in the diagnosis and treatment of substance use disorders during the three years immediately preceding the application date.
(c) Applications for licensure as a clinical addiction counselor shall be made to the board on a form and in the manner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant:
(1) Has attained 21 years of age;
(2) (A) (i) has completed at least a master’s degree from an addiction counseling program that is part of a college or university approved by the board; and
(ii) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 3,000 hours of supervised professional experience, including at least 1,500 hours of direct client contact conducting substance abuse assessments and treatment with individuals, couples, families or groups and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, integrating diagnosis and treatment of substance use disorders with use of the diagnostic and statistical manual of mental disorders of the American psychiatric association, except that the board may waive 1/2 of the hours required by this clause for an individual who has a doctoral degree in addiction counseling or a related field approved by the board and who completes the required 1/2 of the hours in not less than one year of supervised professional experience; or
(B) (i) has completed at least a master’s degree from a college or university approved by the board. As part of or in addition to the master’s degree coursework, such applicant shall also complete a minimum number of semester hours of coursework supporting the diagnosis and treatment of substance use disorders as approved by the board; and
(ii) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 3,000 hours of supervised professional experience, including at least 1,500 hours of direct client contact conducting substance abuse assessments and treatment with individuals, couples, families or groups and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, integrating diagnosis and treatment of substance use disorders with use of the diagnostic and statistical manual of mental disorders of the American psychiatric association, except that the board may waive 1/2 of the hours required by this clause for an individual who has a doctoral degree in addiction counseling or a related field approved by the board and who completes the required 1/2 of the hours in not less than one year of supervised professional experience; or
(C) (i) has completed a master’s degree from a college or university approved by the board and is licensed by the board as a licensed master’s addiction counselor; and
(ii) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 3,000 hours of supervised professional experience, including at least 1,500 hours of direct client contact conducting substance abuse assessments and treatment with individuals, couples, families or groups and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, integrating diagnosis and treatment of substance use disorders with use of the diagnostic and statistical manual of mental disorders of the American psychiatric association, except that the board may waive 1/2 of the hours required by this clause for an individual who has a doctoral degree in addiction counseling or a related field approved by the board and who completes the required 1/2 of the hours in not less than one year of supervised professional experience; or
(D) is currently licensed in Kansas as a licensed psychologist, licensed specialist clinical social worker, licensed clinical professional counselor, licensed clinical psychotherapist or licensed clinical marriage and family therapist and provides to the board an attestation from a professional licensed to diagnose and treat mental disorders, or substance use disorders, or both, in independent practice or licensed to practice medicine and surgery stating that the applicant is competent to diagnose and treat substance use disorders;
(3) has passed an examination approved by the board;
(4) has satisfied the board that the applicant is a person who merits the public trust; and
(5) has paid the application fee fixed set under K.S.A. 65-6618, and amendments thereto, and, upon notification from the board that all eligibility requirements have been satisfied, paid the license fee established under K.S.A. 65-6618, and amendments thereto.
Sec. 23. K.S.A. 2022 Supp. 65-6611 is hereby amended to read as follows: 65-6611. (a) A person who is waiting to take the examination for licensure as an addiction counselor may apply to the board for a temporary addiction counselor license to practice as a licensed addiction counselor by:
(1) Paying a fee for a temporary license fixed set under K.S.A. 65-6618, and amendments thereto; and
(2) meeting the application requirements as stated in K.S.A. 65-6610(a)(1), (a)(2), (a)(4) and (a)(5), and amendments thereto.
(b) A person who is waiting to take the examination for licensure as a master’s addiction counselor may apply to the board for a temporary master’s addiction counselor license to practice as a licensed master’s addiction counselor by:
(1) Paying a fee for a temporary license fixed set under K.S.A. 65-6618, and amendments thereto; and
(2) meeting the application requirements as stated in K.S.A. 65-6610(b)(1)(A), (b)(1)(B), (b)(1)(D) and (b)(1)(E), and amendments thereto.
(c) (1) A temporary addiction counselor license or temporary master’s addiction counselor license may be issued by the board after the application has been reviewed and approved by the board and the applicant has paid the appropriate fee set by the board for issuance of new licenses.
(2) Absent extenuating circumstances approved by the board, a temporary addiction counselor license or a temporary master’s addiction counselor license issued by the board shall expire upon the date the board issues or denies the person a license to practice addiction counseling or 12 24 months after the date of issuance of the temporary addiction counselor license or temporary master’s addiction counselor license.
(3) No temporary addiction counselor license or temporary master’s addiction counselor license will be renewed or issued again on any subsequent application for the same license level. The preceding provision in no way limits the number of times an applicant may take the examination.
(d) A person practicing addiction counseling with a temporary addiction counselor license or a temporary master’s addiction counselor license may not use the title “licensed addiction counselor” or “licensed master’s addiction counselor” or use the initials “LAC” or “LMAC” independently. The word “licensed” may be used only when followed by the words “by temporary license.”
(e) No person may practice addiction counseling under a temporary addiction counselor license or a temporary master’s addiction counselor license except in a licensed or certified alcohol and other drug abuse program, under the direction of a person licensed by the behavioral sciences regulatory board at the clinical level or a person licensed to practice medicine and surgery.
(f) Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary license shall be subject to the provisions of this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the license as provided under this section at the time of issuance of such license.
(g) A person may apply to the board for a student temporary addiction counselor license to practice as a student temporary addiction counselor, on a form and in the manner prescribed by the board, by:
(1) Providing documentation of completing at least 60 credit hours from an institution of higher education with an emphasis in addiction counseling or a related field, as defined by the board in rules and regulations;
(2) providing a signed attestation indicating the applicant’s intention to pursue licensure as a licensed addiction counselor with a plan to complete the education requirements toward a licensed addiction counseling license within 48 months;
(3) providing an education plan, signed by an official of the institution of higher education, including steps to obtain coursework necessary to receive an addiction counselor license;
(4) providing a signed attestation from a prospective employer who intends to offer employment when the applicant receives the student temporary addiction counselor license;
(5) submitting a supervision plan signed by a person who is employed by the prospective employer and who would be providing supervision to the applicant under K.S.A. 65-6611(i), and amendments thereto. Such supervision plan shall include not less than four hours of supervision per month and not fewer than two supervision meetings per month. A maximum of two hours per month may be in group supervision;
(6) satisfying the board that the applicant is a person who merits the public trust;
(7) attaining 20 years of age; and
(8) paying a fee for a student temporary addiction counselor license established under K.S.A. 65-6618, and amendments thereto.
(h) A student temporary addiction counselor license issued by the board shall expire upon the date the board issues the person a permanent license to practice addiction counseling or 24 months after the date of issuance of the student temporary addiction counselor license. A student temporary addiction counselor license may be renewed for one additional 24-month period by demonstrating:
(1) Evidence of the person’s compliance with the education plan, including completion of coursework and remaining in good standing with the institution of higher education;
(2) changes or updates to the education plan signed by a representative of the institution of higher education;
(3) evidence of supervision logs signed by the supervisor and student for the periods of supervision; and
(4) paying a fee for renewal of a student temporary addiction counselor license established under K.S.A. 65-6618, and amendments thereto.
(i) No person may practice addiction counseling under a student temporary addiction counselor license except in a licensed or certified alcohol and other drug abuse program, a certified community behavioral health clinic or a community mental health center, supervised by a person licensed by the behavioral sciences regulatory board as an addiction counselor, master’s addiction counselor or clinical addiction counselor or other individual licensed by the behavioral sciences regulatory board holding a license as a master’s social worker, specialist clinical social worker, professional counselor, clinical professional counselor, marriage and family therapist, clinical marriage and family therapist, master’s level psychologist, clinical psychotherapist or psychologist.
Sec. 24. K.S.A. 2022 Supp. 65-6613 is hereby amended to read as follows: 65-6613. (a) The board may issue a license to an individual who is currently registered, certified or licensed to practice addiction counseling in another jurisdiction if the board determines that:
(1) The standards for registration, certification or licensure to practice addiction counseling in the other jurisdiction are substantially the equivalent of the requirements of the addiction counselor licensure act and rules and regulations of the board; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice as an addiction counselor with a similar scope of practice for at least 48 of the last 54 12 months immediately preceding the application with at least the minimum professional experience as established by rules and regulations of the board;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) completion of at least a baccalaureate degree from a college or university approved by the board.
(b) The board may issue a license to an individual who is currently registered, certified or licensed to practice addiction counseling at the master’s level in another jurisdiction if the board determines that:
(1) (A) The standards for registration, certification or licensure to practice addiction counseling at the master’s level in the other jurisdiction are substantially the equivalent of the requirements of the addiction counselor licensure act and rules and regulations of the board; and
(B) completion of at least a master’s degree from a college or university approved by the board; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice addiction counseling at the master’s level with a similar scope of practice for at least 48 of the last 54 12 months immediately preceding the application with at least the minimum professional experience as established by rules and regulations of the board;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) completion of at least a master’s degree from a college or university approved by the board.
(c) The board may issue a license to an individual who is currently registered, certified or licensed to practice addiction counseling at the clinical level in another jurisdiction if the board determines that:
(1) (A) The standards for registration, certification or licensure to practice addiction counseling at the clinical level in the other jurisdiction are substantially the equivalent of the requirements of the addiction counselor licensure act and rules and regulations of the board; and
(B) the applicant demonstrates completion of at least a master’s degree from a college or university approved by the board; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice addiction counseling at the clinical level with a similar scope of practice for at least 48 of the last 54 12 months immediately preceding the application with at least the minimum professional experience as established by rules and regulations of the board;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency;
(C) completion of at least a master’s degree from a college or university approved by the board; and
(D) at least two of the following areas acceptable to the board:
(i) Either coursework as established by rules and regulations of the board or passing a national clinical examination approved by the board;
(ii) three years of clinical practice with demonstrated experience supporting diagnosing or treating substance use disorders; or
(iii) attestation from a professional licensed to diagnose and treat mental disorders, or substance use disorders, or both, in independent practice or licensed to practice medicine and surgery, stating that the applicant is competent to diagnose and treat substance use disorders.
(d) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 65-6618, and amendments thereto, if required by the board. Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall submit the license fee as provided in K.S.A. 65-6618, and amendments thereto.
Sec. 25. K.S.A. 65-6614 is hereby amended to read as follows: 65-6614. (a) An applicant who meets the requirements for licensure pursuant to this act, has paid the license fee provided for by K.S.A. 65-6618, and amendments thereto, and has otherwise complied with the provisions of this act shall be licensed by the board.
(b) Licenses issued pursuant to this act shall expire 24 months from the date of issuance unless revoked prior to that time. A license may be renewed upon application and payment of the fee provided for by K.S.A. 65-6618, and amendments thereto. The application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed during the previous 24 months the continuing education required by rules and regulations of the board, including not less than three hours in ethics. In addition Prior to July 1, 2025, as part of such continuing education, the master’s addiction counselor applicant and the clinical addiction counselor applicant shall complete not less than six continuing education hours relating to diagnosis and treatment of substance use disorders. On and after July 1, 2025, as part of such continuing education, a master’s addiction counselor applicant or clinical addiction counselor applicant shall complete not less than three continuing education hours relating to diagnosis and treatment of substance use disorders.
(c) (1) A licensee who is unable to complete the required continuing education hours for renewal may request additional time to complete any remaining continuing education hours. Such request shall be made to the board not later than 30 calendar days prior to the expiration of the license and shall include:
(A) The licensee’s reason for requesting additional time, showing extenuating circumstances for why the hours could not be completed during the license period; and
(B) a plan outlining the manner in which the licensee intends to complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months beyond the license expiration date to complete the required continuing education hours.
(3) A licensee who receives additional time to complete continuing education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report to the board the number of continuing education hours completed on such date;
(B) notify the board upon completing the remaining continuing education hours; and
(C) be subject to an audit by the board of the total number of continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time granted under this subsection shall be credited only toward the requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete continuing education requirements in consecutive license periods.
(d) A person whose license has been suspended or revoked may make written application to the board requesting reinstatement of the license upon termination of the period of suspension or revocation in a manner prescribed by the board, which application shall be accompanied by the fee provided for by K.S.A. 65-6618, and amendments thereto.
(e) (1) A person whose license has expired may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, and such application shall be accompanied by:
(A) The renewal fee established under K.S.A. 65-6618, and amendments thereto, and, for any person whose license has been expired for one year or less, an additional fee equal to the renewal fee; and
(B) evidence satisfactory to the board that the person has completed during the previous 24 months the continuing education requirements for one license period.
(2) A person requesting to reinstate a license that has been expired for longer than one year who has not completed the necessary continuing education hours for reinstatement may submit an application for a six-month reinstatement temporary license in a manner prescribed by the board, and such application shall be accompanied by the fee established under K.S.A. 65-6618, and amendments thereto. A licensee practicing under a six-month reinstatement temporary license shall complete the continuing education requirements required for a permanent license prior to the expiration of the temporary license and notify the board upon such completion. A six-month reinstatement temporary license shall not be extended or renewed.
(d)(f) Within 30 days after any change of permanent address, a licensee shall notify the board of such change.
Sec. 26. K.S.A. 65-6618 is hereby amended to read as follows: 65-6618. (a) The board may fix collect the following fees, and any such fees shall be established by rules and regulations adopted by the board:
(1) For application for licensure as an addiction counselor, not to exceed $150;
(2) for original licensure as an addiction counselor, not to exceed $150;
(3) for renewal for licensure as an addiction counselor, not to exceed $150;
(4) for a temporary license as an addiction counselor, not to exceed $100;
(5) for a six-month reinstatement temporary license as an addiction counselor, not to exceed $50;
(6) for a student temporary addiction counselor license, not to exceed $100;
(7) for renewal for a student temporary addiction counselor license, not to exceed $100;
(8) for application for licensure as a master’s addiction counselor, not to exceed $150;
(6)(9) for original licensure as a master’s addiction counselor, not to exceed $150;
(7)(10) for renewal for licensure as a master’s addiction counselor, not to exceed $150;
(11) for a temporary license as a master’s addiction counselor, not to exceed $100;
(12) for a six-month reinstatement temporary license as a master’s addiction counselor, not to exceed $50;
(8)(13) for application for licensure as a clinical addiction counselor, not to exceed $150;
(9)(14) for original licensure as a clinical addiction counselor, not to exceed $150;
(10)(15) for renewal for licensure as a clinical addiction counselor, not to exceed $150;
(16) for a six-month reinstatement temporary license as a clinical addiction counselor, not to exceed $50;
(11)(17) for a temporary permit to practice clinical addiction counseling, not to exceed $200;
(12)(18) for extension of a temporary permit to practice clinical addiction counseling, not to exceed $200;
(13)(19) for reinstatement of a license, not to exceed $150;
(14)(20) for replacement of a license, not to exceed $20;
(15)(21) for late renewal penalty, an amount equal to the fee for renewal; and
(16)(22) for a wallet license, not more than $5.
(b) The board shall require that fees paid for any examination under the addiction counselor licensure act be paid directly to the examination services by the person taking the examination.
(c) Fees paid to the board are not refundable.
Sec. 27. K.S.A. 65-7504 is hereby amended to read as follows: 65-7504. (a) The board may deny, suspend, revoke or refuse renewal of any license issued under this act if the board finds that the applicant or license holder has refuse to issue, renew or reinstate a license, may condition, limit, revoke or suspend a license, may publicly or privately censure a licensee or may impose a fine not to exceed $1,000 per violation upon a finding that a licensee or an applicant for licensure has:
(1) Used any controlled substance or alcoholic beverage to an extent that such use impairs such person’s ability to perform the work of any profession licensed or regulated by this act.
(2) The person has Been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any professional licensed or regulated under this act, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not a sentence is imposed.
(3) Used any fraud, deception or misrepresentation in securing any license issued under this act.
(4) Obtained or attempted to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation.
(5) Committed any act of incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession licensed by the board.
(6) Committed any violation of or assisted or enabled any person to violate any provision of this act or any rule and regulation promulgated thereunder.
(7) Impersonated any person holding a certificate of registration or authority, permit or license or allowed any other person to use such person’s certificate of registration or authority, permit, license or diploma from any school.
(8) Been disciplined in any action by another state, territory, federal agency or country which would constitute grounds for a license issued under this act being suspended or revoked.
(9) Been finally adjudged insane or incapacitated by a court of competent jurisdiction.
(10) Assisted or enabled any person to practice or offer to practice any profession licensed or regulated by the board when such person is not eligible to practice such profession as required by law.
(11) Issued any certificate of registration or authority, permit or license based upon a material mistake of fact.
(12) Failed to display a valid certificate or license if so required by this act or any rules and regulations promulgated thereunder.
(13) Violated any professional trust or confidence.
(14) Used any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed.
(15) Been found guilty of to have engaged in unprofessional conduct or professional incompetency as defined by the board by applicable rules and regulations adopted by the board.
(16) Violated any lawful order or directive of the board previously entered by the board.
(b) Any action taken under this section which affects any license or imposes any administrative penalty shall be taken only after notice and an opportunity for a hearing conducted in accordance with the provisions of Administrative proceedings and disciplinary actions regarding licensure under the applied behavior analysis licensure act shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the applied behavior analysis licensure act shall be in accordance with the Kansas judicial review act.
Sec. 28. K.S.A. 65-7505 is hereby amended to read as follows: 65-7505. The board shall promulgate adopt rules and regulations necessary to implement and administer this act. Such rules and regulations shall include, but not be limited to:
(a) The form and content of license applications required and the procedures for filing an application for an initial or renewal license or reinstatement in this state;
(b) the establishment of fees for licenses, and the renewal and reinstatement thereof, to cover all or any part of the cost of administering the provisions of this act;
(c) the educational and training requirements for licensed behavior analysts and licensed assistant behavior analysts;
(d) the roles, responsibilities and duties of licensed behavior analysts and licensed assistant behavior analysts;
(e) the characteristics of supervision and supervised clinical practicum experience for the licensed behavior analysts and the licensed assistant behavior analysts;
(f) the supervision of licensed behavior analysts and licensed assistant behavior analysts;
(g) the requirements for continuing education for licensed behavior analysts and licensed assistant behavior analysts;
(h) standards of professional competency;
(i) standards of professional conduct; and
(j) such other rules and regulations as the board deems necessary to carry out the provisions of this act.
Sec. 29. K.S.A. 74-5302 is hereby amended to read as follows: 74-5302. For the purpose of this act the following definitions shall apply As used in the licensure of psychologists act of the state of Kansas:
(a) “Board” means the behavioral sciences regulatory board created by K.S.A. 74-7501, and amendments thereto.
(b) “Extenuating circumstances” means any condition or situation caused by events beyond an individual’s control that is sufficiently extreme in nature to result in the:
(1) Individual’s inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with requirements.
(c) “License” means a license as a psychologist issued by the board.
(d) “Licensed psychologist” means a person licensed by the board under the provisions of the licensure of psychologists act of the state of Kansas.
(e) “Merits the public trust” means that an applicant or licensee possesses the high standard of good moral character and fitness that is required to practice psychology as demonstrated by the following personal qualities:
(1) Good judgment;
(2) integrity;
(3) honesty;
(4) fairness;
(5) credibility;
(6) reliability;
(7) respect for others;
(8) respect for the laws of this state and the nation;
(9) self-discipline;
(10) self-evaluation;
(11) initiative; and
(12) commitment to the psychology profession and its values and ethics.
(f) “Practice of psychology” means the application of established principles of learning, motivation, perception, thinking and emotional relationships to problems of behavior adjustment, group relations and behavior modification, by persons trained in psychology. The application of such principles includes, but is not restricted to, counseling and the use of psychological remedial measures with persons, in groups or individually, having adjustment or emotional problems in the areas of work, family, school and personal relationships; measuring and testing personality, intelligence, aptitudes, public opinion, attitudes and skills; the teaching of such subject matter; and the conducting of research on problems relating to human behavior, except that in all cases involving the care of the sick and ill as defined by the laws of this state, the primary responsibility devolves upon those licensed under the Kansas healing arts act. The practice of psychology includes the diagnosis and treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. If a licensed psychologist cannot make an independent diagnosis of a mental disorder, such psychologist shall consult with the client’s primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client’s symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client’s record. A licensed psychologist may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(b)(g) “Represents oneself to be a psychologist” means that a person engages in the practice of psychology for a fee, monetary or otherwise, or holds oneself out to the public by any title or description of services incorporating the word “psychologic,” “psychological,” “psychologist” or “psychology” and under such title or description offers to render or renders services to individuals, corporations or the public for a fee, monetary or otherwise.
(c) “Board” means the behavioral sciences regulatory board created by K.S.A. 74-7501 and amendments thereto.
(d) “License” means a license as a psychologist issued by the board.
(e) “Licensed psychologist” means a person licensed by the board under the provisions of this act.
Sec. 30. K.S.A. 2022 Supp. 74-5310 is hereby amended to read as follows: 74-5310. (a) The board shall issue a license as a psychologist to any person who pays a nonrefundable application fee prescribed by the board, if required by the board, not in excess of $225 and, if required by the board, a nonrefundable original license fee not in excess of $150, who satisfies the board as to such person’s training and experience after a thorough review of such person’s credentials and who passes a satisfactory examination in psychology. Any person paying the fee must shall also submit evidence verified by oath and satisfactory to the board that such person:
(1) Is at least 21 years of age;
(2) is of good moral character a person who merits the public trust;
(3) has received the doctor’s degree based on a program of studies in content primarily psychological from an educational institution having a graduate program with standards consistent with those of the state universities of Kansas, or the substantial equivalent of such program in both subject matter and extent of training; and
(4) has had at least two years of supervised experience, a significant portion of which shall have been spent in rendering psychological services satisfying the board’s approved standards for the psychological service concerned.
(b) The board shall adopt rules and regulations establishing the criteria which an educational institution shall satisfy in meeting the requirements established under subsection (a)(3). The board may send a questionnaire developed by the board to any educational institution for which the board does not have sufficient information to determine whether the educational institution meets the requirements of subsection (a)(3) and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the educational institution to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about educational institutions. In entering such contracts the authority to approve educational institutions shall remain solely with the board.
(c) (1) An individual may apply to the board for a community-based psychologist license to practice psychology in the scope of employment by a community mental health center, as defined in K.S.A. 39-2002, and amendments thereto, a federally qualified health center, as defined in K.S.A. 65-7402, and amendments thereto, a psychiatric residential treatment facility as defined in K.S.A. 39-2002, and amendments thereto, or a private treatment facility as defined in K.S.A. 59-29b46, and amendments thereto.
(2) A community-based psychologist license may be issued by the board after the board reviews and approves the application and the applicant has paid the fee set by the board for issuance of a community-based psychologist license.
(3) (A) Absent extenuating circumstances approved by the board, a community-based psychologist license issued by the board shall expire:
(i) Upon the date the board issues or denies a license to practice psychology; or
(ii) 24 months after the date of issuance of the community-based psychologist license.
(B) No community-based psychologist license shall be renewed or issued again on any subsequent application for the same license level. This paragraph shall not be construed to limit the number of times an applicant may take the examination.
(4) A person practicing psychology with a community-based psychologist license may use the title “licensed psychologist” or the initials “LP” independently.
(5) No person may practice psychology under a community-based psychologist license except under the supervision of a person licensed by the board to practice at the independent level.
(6) The board shall adopt rules and regulations to set the fee, if required by the board, for the issuance of a community-based psychologist license in an amount not to exceed $225.
(7) The board shall not issue a community-based psychologist license or temporary psychologist license to an individual who has previously been issued a community-based psychologist license or temporary psychologist license.
Sec. 31. K.S.A. 2022 Supp. 74-5315 is hereby amended to read as follows: 74-5315. (a) The board may grant a license to any person who, at the time of application, is registered, certified or licensed as a psychologist at the doctoral level in another jurisdiction if the board determines that:
(1) The requirements of such jurisdiction for such certification or licensure are substantially the equivalent of the requirements of this state; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure as a psychologist at the doctoral level with a similar scope of practice for at least 48 of the last 54 12 months immediately preceding the application with at least the minimum professional experience as established by rules and regulations of the board;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) a doctoral degree in psychology from a regionally accredited university or college.
(b) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 74-5310, and amendments thereto, if required by the board. Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall pay the license fee as provided in K.S.A. 74-5310, and amendments thereto.
Sec. 32. K.S.A. 2022 Supp. 74-5316 is hereby amended to read as follows: 74-5316. (a) Upon application, the board may issue temporary licenses to persons who have met all qualifications for licensure under the provisions of the licensure of psychologists act of the state of Kansas, except passage of the required examination, pursuant to K.S.A. 74-5310, and amendments thereto, who have paid the required application and temporary license fees and who have submitted documentation as required by the board, under the following:
(1) Absent extenuating circumstances approved by the board, a temporary license issued by the board shall expire upon the earlier of the date the board issues or denies a license to practice psychology or two years after the date of issuance of the temporary license. No temporary license shall be renewed or issued again on any subsequent application for licensure under the provisions of the licensure of psychologists act of the state of Kansas. This paragraph shall not limit the number of times that an applicant may take the required examination;
(2) the board shall adopt rules and regulations prescribing continuing education requirements for temporary licensees, including, but not limited to, a requirement that temporary licensees shall complete a minimum of 25 contact hours of continuing education during the two-year period of temporary licensure, which shall include a minimum of three hours in psychology ethics;
(3) no person may shall work under a temporary license except under the supervision of a licensed psychologist as prescribed in rules and regulations adopted by the board; and
(4)(3) the fee for such temporary license may be fixed set by the board and shall not exceed $200, and any such fee shall be established by rules and regulations adopted by the board.
(b) Upon application, the board may issue temporary licenses not to exceed two years to persons who have completed all requirements for a doctoral degree approved by the board but have not received such degree conferral or who have met all qualifications for licensure under provisions of such act, except completion of the postdoctoral supervised work experience pursuant to K.S.A. 74-5310(a)(4), and amendments thereto, who have paid the required application and temporary license fees and who have submitted documentation as required by the board, under the following:
(1) The temporary license shall expire at the end of the two-year period after issuance or if such temporary licensee is denied a license to practice psychology;
(2) the temporary license may be renewed for one additional two-year period;
(3) no temporary license shall be issued again on any subsequent application for licensure under the provisions of the licensure of psychologists act of the state of Kansas. This paragraph shall not limit the number of times that an applicant may take the required examination;
(4) temporary licensees shall be working toward the completion of the postdoctoral supervised work experience prescribed in K.S.A. 74-5310(a)(4), and amendments thereto;
(5) the board shall adopt rules and regulations prescribing continuing education requirements for temporary licensees, including, but not limited to, a requirement that temporary licensees shall complete a minimum of 25 contact hours of continuing education during the two-year period of temporary licensure, which shall include a minimum of three hours in psychology ethics;
(6) no temporary licensee may shall work under a temporary license except under the supervision of a licensed psychologist as prescribed in rules and regulations adopted by the board; and
(7)(6) the fee for a renewal of the temporary license may be fixed set by the board and shall not exceed $200 per issuance, and any such fee shall be established by rules and regulations adopted by the board.
(c) A person practicing psychology with a temporary license may shall not use the title “licensed psychologist” or the initials “LP,” independently. The word “licensed” may be used only when preceded by the word “temporary.”
(d) This section shall be a part of and supplemental to the provisions of article 53 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto.
(e) As used in this section, “temporary licensee” means any person practicing psychology with a temporary license pursuant to subsection (a) or (b).
Sec. 33. K.S.A. 74-5318 is hereby amended to read as follows: 74-5318. (a) An application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed, during the previous 24 months, the continuing education required by rules and regulations of the board. Prior to July 1, 2025, as part of such continuing education, a licensed psychologist shall complete not less than six continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics. On and after July 1, 2025, as part of such continuing education, a licensee shall complete not less than three continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics.
(b) (1) A licensee who is unable to complete the required continuing education hours for renewal may request additional time to complete any remaining continuing education hours. Such request shall be made to the board not later than 30 calendar days prior to the expiration of the license and shall include:
(A) The licensee’s reason for requesting additional time, showing extenuating circumstances for why the hours could not be completed during the license period; and
(B) a plan outlining the manner in which the licensee intends to complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months beyond the license expiration date to complete the required continuing education hours.
(3) A licensee who receives additional time to complete continuing education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report to the board the number of continuing education hours completed on such date;
(B) notify the board upon completing the remaining continuing education hours; and
(C) be subject to an audit by the board of the total number of continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time granted under this subsection shall be credited only toward the requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete continuing education requirements in consecutive license periods.
(c) A licensee shall submit the application to the board with a renewal fee fixed set by rules and regulations of the board not to exceed $200. Upon receipt of such application and fee, the board shall issue a renewal license for the period commencing on the date on which the license is issued and expiring on June 30 of the next even-numbered year. Initial licenses shall be for the current biennium of registration.
(c)(d) Applications for renewal of a license shall be made biennially on or before July 1 June 30 and, if not so made, an additional fee equal to the renewal fee shall be added to the regular renewal fee.
(d)(e) Any psychologist who has failed to renew a license and continues to represent oneself as a psychologist after July 1 June 30 shall be in violation of the licensure of psychologists act of the state of Kansas. The board may suspend or revoke such psychologist’s license under the provisions of K.S.A. 74-5324, and amendments thereto.
(f) A person whose license has been suspended or revoked may make written application to the board requesting reinstatement of the license upon termination of the period of suspension or revocation. Such application shall be in a manner prescribed by the board and accompanied by a reinstatement fee not to exceed $200 prescribed by the board in rules and regulations.
(g) (1) A person whose license has expired may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, and such application shall be accompanied by:
(A) The required renewal fee and, for any person whose license has been expired for one year or less, an additional fee equal to the renewal fee; and
(B) evidence satisfactory to the board that the person has completed during the previous 24 months the continuing education requirements for one license period.
(2) A person requesting to reinstate a license that has been expired for longer than one year who has not completed the necessary continuing education hours for reinstatement may submit an application for a six-month reinstatement temporary license in a manner prescribed by the board, and such application shall be accompanied by a fee not to exceed $50 prescribed by the board in rules and regulations. A licensee practicing under a six-month reinstatement temporary license shall complete the continuing education requirements required for a permanent license prior to the expiration of the temporary license and notify the board upon such completion. A six-month reinstatement temporary license shall not be extended or renewed.
(e)(h) Within 30 days after any change of permanent address, a licensee shall notify the board of such change.
Sec. 34. K.S.A. 74-5361 is hereby amended to read as follows: 74-5361. As used in this the licensure of master’s level psychologists act:
(a) “Practice of psychology” shall have the meaning ascribed thereto in K.S.A. 74-5302 and amendments thereto.
(b) “Board” means the behavioral sciences regulatory board created by K.S.A. 74-7501, and amendments thereto.
(b) “Extenuating circumstances” means any condition or situation caused by events beyond an individual’s control that is sufficiently extreme in nature to result in the:
(1) Individual’s inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with requirements.
(c) “Licensed clinical psychotherapist” means a person licensed by the board under the licensure of master’s level psychologists act who engages in the independent practice of master’s level psychology, including the diagnosis and treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations.
(d) “Licensed master’s level psychologist” means a person licensed by the board under the provisions of this the licensure of master’s level psychologists act.
(d) “Licensed clinical psychotherapist” means a person licensed by the board under this act who engages in the independent practice of master’s level psychology including the diagnosis and treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations.
(e) “Master’s level psychology” means the practice of psychology pursuant to the restrictions set out in K.S.A. 74-5362, and amendments thereto, and includes the diagnosis and treatment of mental disorders as authorized under K.S.A. 74-5361 et seq., and amendments thereto.
(f) “Practice of psychology” means the same as defined in K.S.A. 74-5302, and amendments thereto.
Sec. 35. K.S.A. 2022 Supp. 74-5363 is hereby amended to read as follows: 74-5363. (a) Any person who desires to be licensed under this act shall apply to the board in writing, on forms prepared and furnished by the board. Each application shall contain appropriate documentation of the particular qualifications required by the board and shall be accompanied by the required fee.
(b) The board shall license as a licensed master’s level psychologist any applicant for licensure who pays the fee prescribed by the board under K.S.A. 74-5365, and amendments thereto, which shall not be refunded, who has satisfied the board as to such applicant’s training and who complies with the provisions of this subsection. An applicant for licensure also shall submit evidence satisfactory to the board that such applicant:
(1) Is at least 21 years of age;
(2) has satisfied the board that the applicant is a person who merits public trust;
(3) has received at least 60 graduate hours including a master’s degree in psychology based on a program of studies in psychology from an educational institution having a graduate program in psychology consistent with state universities of Kansas; or until July 1, 2003, has received at least a master’s degree in psychology and during such master’s or post-master’s coursework completed a minimum of 12 semester hours or its equivalent in psychological foundation courses such as, but not limited to, philosophy of psychology, psychology of perception, learning theory, history of psychology, motivation, and statistics and 24 semester hours or its equivalent in professional core courses such as, but not limited to, two courses in psychological testing, psychopathology, two courses in psychotherapy, personality theories, developmental psychology, research methods, social psychology; or has passed comprehensive examinations or equivalent final examinations in a doctoral program in psychology and during such graduate program completed a minimum of 12 semester hours or its equivalent in psychological foundation courses such as, but not limited to, philosophy of psychology, psychology of perception, learning theory, history of psychology, motivation, and statistics and 24 semester hours or its equivalent in professional core courses such as, but not limited to, two courses in psychological testing, psychopathology, two courses in psychotherapy, personality theories, developmental psychology, research methods, social psychology;
(4) has completed 750 clock hours of academically supervised practicum in the master’s degree program or 1,500 clock hours of postgraduate supervised work experience; and
(5) has passed an examination approved by the board with a minimum score set by the board by rules and regulations.
(c) (1) Applications for licensure as a clinical psychotherapist shall be made to the board on a form and in the manner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant:
(A) Is licensed by the board as a licensed master’s level psychologist or meets all requirements for licensure as a master’s level psychologist;
(B) has completed 15 credit hours as part of or in addition to the requirements under subsection (b) supporting diagnosis or treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, through identifiable study of: Psychopathology, diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches and professional ethics;
(C) has completed a graduate level supervised clinical practicum of supervised professional experience including psychotherapy and assessment with individuals, couples, families or groups, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, with not less than 350 hours of direct client contact or additional postgraduate supervised experience as determined by the board;
(D) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 3,000 hours of supervised professional experience including at least 1,500 hours of direct client contact conducting psychotherapy and assessments with individuals, couples, families or groups and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual;
(E) for persons earning a degree under subsection (b) prior to July 1, 2003, in lieu of the education requirements under subparagraphs (B) and (C), has completed the education requirements for licensure as a licensed master’s level psychologist in effect on the day immediately preceding the effective date of this act;
(F) for persons who apply for and are eligible for a temporary master’s level psychology license to practice as a licensed master’s level psychologist on the day immediately preceding the effective date of this act, in lieu of the education and training requirements under subparagraphs (B), (C) and (D), has completed the education and training requirements for licensure as a master’s level psychologist in effect on the day immediately preceding the effective date of this act;
(G) has passed an examination approved by the board with the same minimum passing score as that set by the board for licensed psychologists; and
(H) has paid the application fee, if required by the board and, upon notification from the board that all eligibility requirements have been satisfied, paid the license fee.
(2) A person who was licensed or registered as a master’s level psychologist in Kansas at any time prior to the effective date of this act, who has been actively engaged in the practice of master’s level psychology as a registered or licensed master’s level psychologist within five years prior to the effective date of this act and whose last license or registration in Kansas prior to the effective date of this act was not suspended or revoked, upon application to the board, payment of fees and completion of applicable continuing education requirements, shall be licensed as a licensed clinical psychotherapist by providing demonstration of competence to diagnose and treat mental disorders through at least two of the following areas acceptable to the board:
(A) Either: (i) Graduate coursework; or (ii) passing a national, clinical examination;
(B) either: (i) Three years of clinical practice in a community mental health center, its contracted affiliate or a state mental hospital; or (ii) three years of clinical practice in other settings with demonstrated experience in diagnosing or treating mental disorders; or
(C) attestation from one professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery that the applicant is competent to diagnose and treat mental disorders.
(3) A licensed clinical psychotherapist may engage in the independent practice of master’s level psychology and is authorized to diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. When a client has symptoms of a mental disorder, a licensed clinical psychotherapist shall consult with the client’s primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client’s symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client’s record. A licensed clinical psychotherapist may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(d) The board shall adopt rules and regulations establishing the criteria that an educational institution shall satisfy in meeting the requirements established under subsection (b)(3). The board may send a questionnaire developed by the board to any educational institution for which the board does not have sufficient information to determine whether the educational institution meets the requirements of subsection (b)(3) and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the educational institution to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about educational institutions. In entering such contracts the authority to approve educational institutions shall remain solely with the board.
(e) (1) An individual may apply to the board for a community-based master’s level psychologist license to practice master’s level psychology in the scope of employment by a community mental health center, as defined in K.S.A. 39-2002, and amendments thereto, a federally qualified health center as defined in KSA 65-7402, and amendments thereto, a psychiatric residential treatment facility as defined in KSA 39-2002, and amendments thereto, or a private treatment facility as defined in K.S.A. 59-29b46, and amendments thereto.
(2) A community-based master’s level psychologist license may be issued by the board after the board reviews and approves the application and the applicant has paid the fee set by the board for issuance of a community-based master’s level psychologist license.
(3) (A) Absent extenuating circumstances approved by the board, a community-based master’s level psychologist license issued by the board shall expire:
(i) Upon the date the board issues or denies a license to practice master’s level psychology; or
(ii) 24 months after the date of issuance of the community-based master’s level psychologist license.
(B) No community-based master’s level psychologist license shall be renewed or issued again on any subsequent application for the same license level. This paragraph shall not be construed to limit the number of times an applicant may take the examination.
(4) A person practicing master’s level psychology with a community-based master’s level psychologist license may use the title “licensed master’s level psychologist” or the initials “LMLP” independently.
(5) No person may practice master’s level psychology under a community-based master’s level psychologist license except under the supervision of a person licensed to practice psychology or master’s level psychology in Kansas.
(6) The board shall adopt rules and regulations to set the fee, if required by the board, for the issuance of a community-based master’s level psychologist license in an amount not to exceed $100.
(7) The board shall not issue a community-based master’s level psychologist license or temporary master’s level psychologist license to an individual who has previously been issued a community-based master’s level psychologist license or temporary master’s level psychologist license.
Sec. 36. K.S.A. 74-5365 is hereby amended to read as follows: 74-5365. (a) The following fees may be fixed set by the board for licensure under the licensure of master’s level psychologists act: For application, issuance of a new license and renewal of a license, an amount not to exceed $200; for replacement of a license, an amount not to exceed $20; and for a wallet card license, an amount not to exceed $5. Any such fees required by the board shall be established by rules and regulations adopted by the board.
(b) Fees paid to the board are not refundable.
(c) The application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed, during the previous 24 months, the continuing education required by rules and regulations of the board. Prior to July 1, 2025, as part of such continuing education, a licensed master’s level psychologist and a licensed clinical psychotherapist shall complete not less than six continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics. On and after July 1, 2025, as part of such continuing education, a licensee shall complete not less than three continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics.
(d) (1) A licensee who is unable to complete the required continuing education hours for renewal may request additional time to complete any remaining continuing education hours. Such request shall be made to the board not later than 30 calendar days prior to the expiration of the license and shall include:
(A) The licensee’s reason for requesting additional time, showing extenuating circumstances for why the hours could not be completed during the license period; and
(B) a plan outlining the manner in which the licensee intends to complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months beyond the license expiration date to complete the required continuing education hours.
(3) A licensee who receives additional time to complete continuing education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report to the board the number of continuing education hours completed on such date;
(B) notify the board upon completing the remaining continuing education hours; and
(C) be subject to an audit by the board of the total number of continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time granted under this subsection shall be credited only toward the requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete continuing education requirements in consecutive license periods.
(e) Within 30 days after any change of permanent address, a licensee shall notify the board of such change.
Sec. 37. K.S.A. 74-5366 is hereby amended to read as follows: 74-5366. (a) All licenses shall be effective upon the date issued and shall expire at the end of 24 months from the date of issuance.
(b) A license may be renewed by the payment of the renewal fee and the execution and submission of a signed statement, on a form provided by the board, attesting that the applicant’s license has been neither revoked nor currently suspended and that the applicant has met the requirements for continuing education set forth in this act.
(c) If the application for renewal, including payment of the required renewal fee, is not made on or before the date of the expiration of the license, the license is void, and no license shall be reinstated except upon payment of the required renewal fee, plus a penalty equal to the renewal fee, and proof satisfactory to the board of compliance with the continuing education requirements. Upon receipt of such payment and proof, the board shall reinstate the license.
(d) A person whose license has been suspended or revoked may make written application to the board requesting reinstatement of the license upon termination of the period of suspension or revocation. Such application shall be in a manner prescribed by the board and accompanied by a reinstatement fee.
(d) (1) A person whose license has expired may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, and such application shall be accompanied by:
(A) A reinstatement fee, and, for any person whose license has been expired for one year or less, a penalty established by the board in rules and regulations; and
(B) evidence satisfactory to the board that the person has completed during the previous 24 months the continuing education requirements for one license period.
(2) A person requesting to reinstate a license that has been expired for longer than one year who has not completed the necessary continuing education hours for reinstatement may submit an application for a six-month reinstatement temporary license in a manner prescribed by the board, and such application shall be accompanied by a fee of $25. A licensee practicing under a six-month reinstatement temporary license shall complete the continuing education requirements required for a permanent license prior to the expiration of the temporary license and notify the board upon such completion. A six-month reinstatement temporary license shall not be extended or renewed.
(e) A duplicate license shall be issued by the board upon receipt of a $20 fee.
(e)(f) A person registered as a masters level psychologist on December 30, 1996, shall be deemed to be a licensed masters level psychologist under this act. Such person shall not be required to file an original application for licensure under this act, but shall apply to the board for a license in lieu of registration upon payment of the fee set by the board for renewal of license. Any application for registration filed but which has not been granted prior to January 1, 1997, shall be processed as an application for licensure pursuant to this act. For exchange of a license in lieu of registration pursuant to this subsection, a fee not to exceed $100.
(f)(g) The board shall collect a fee not to exceed $100 for exchange of a license in lieu of a registration pursuant to subsection (e)(f).
Sec. 38. K.S.A. 74-5367 is hereby amended to read as follows: 74-5367. (a) The board may issue a temporary master’s level psychology license to practice as a licensed master’s level psychologist to any person who pays a nonrefundable fee prescribed by the board under this section, which shall not be refunded, and who meets all the requirements for licensure under K.S.A. 74-5361 et seq., and amendments thereto, as a licensed master’s level psychologist except the requirement of postgraduate supervised work experience or passing the licensing examination, or both.
(b) Absent extenuating circumstances approved by the board, a temporary master’s level psychology license issued by the board shall expire upon the date the board issues or denies a license to practice master’s level psychology or 24 months after the date of issuance of the temporary master’s level psychology license. No temporary master’s level psychology license issued by the board will shall be renewed or issued again on any subsequent applications for the same license level. The preceding provision in no way limits This subsection shall not limit the number of times an applicant may take the examination.
(c) The board may fix a fee for the application of the temporary master’s level psychology license. The application fee shall not exceed $100. Any such fee shall be established by rules and regulations adopted by the board.
(d) A person practicing master’s level psychology with a temporary master’s level psychology license may shall not use the title “licensed master’s level psychologist” or the initials “LMLP” independently. The word “licensed” may be used only when followed by the words “by temporary license” such as licensed master’s level psychologist by temporary license, or master’s level psychologist licensed by temporary license.
(e) No person may shall work under a temporary master’s level psychology license except under the supervision of a person licensed to practice psychology or master’s level psychology in Kansas.
(f) The application for a temporary master’s level psychology license may be denied or a temporary master’s level psychology license which that has been issued may be suspended or revoked on the same grounds as provided for suspension or revocation of a license under K.S.A. 74-5369, and amendments thereto.
(g) Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary license shall be subject to the provisions of this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the license as provided under this section at the time of issuance of such temporary license.
Sec. 39. K.S.A. 2022 Supp. 74-5375 is hereby amended to read as follows: 74-5375. (a) The behavioral sciences regulatory board may issue a license to an individual who is currently registered, certified or licensed to practice psychology at the master’s level in another jurisdiction if the board determines that:
(1) The standards for registration, certification or licensure to practice psychology at the master’s level in the other jurisdiction are substantially equivalent to the requirements of this state; or
(2) the applicant demonstrates, on forms provided by the board, compliance with the following standards adopted by the board:
(A) Registration, certification or licensure to practice psychology at the master’s level with a similar scope of practice for at least 48 of the last 54 12 months immediately preceding the application with at least the minimum professional experience as established by rules and regulations of the board;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) at least a master’s degree in psychology from a regionally accredited university or college.
(b) Applicants for licensure as a clinical psychotherapist shall additionally demonstrate competence to diagnose and treat mental disorders through meeting the requirements of either subsection (a)(1) or (a)(2) and at least two of the following areas acceptable to the board:
(1) Either graduate coursework as established by rules and regulations of the board or passing a national clinical examination approved by the board;
(2) three years of clinical practice with demonstrated experience in diagnosing or treating mental disorders; or
(3) attestation from a professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery, stating that the applicant is competent to diagnose and treat mental disorders.
(c) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 74-5365, and amendments thereto, if required by the board. Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall pay the license fee as provided in K.S.A. 74-5365, and amendments thereto.
Sec. 40. K.S.A. 74-7501 is hereby amended to read as follows: 74-7501. (a) There is hereby created a behavioral sciences regulatory board consisting of 12 members appointed by the governor. The membership of the board shall be as follows: Two members of the board shall be licensed psychologists; two members of the board shall be licensed to engage in the practice of social work; one member of the board shall be a professional counselor; one member of the board shall be a marriage and family therapist and; one member of the board shall be a licensed masters master’s level psychologist or a licensed clinical psychotherapist; one member of the board shall be a licensed addiction counselor, a licensed master’s addiction counselor or a licensed clinical addiction counselor; and four members of the board shall be from and represent the general public. Each member of the board shall be a citizen of the United States and a resident of this state.
(b) The term of office of each member of the board shall be four years. No member of the board shall be appointed for more than two successive terms. Upon the expiration of a member’s term of office, the governor shall appoint a qualified successor. Each member shall serve until a successor is appointed and qualified. Whenever a vacancy occurs in the membership of the board prior to the expiration of a term of office, the governor shall appoint a qualified successor to fill the unexpired term. The governor may remove any member of the board for misconduct, incompetency or neglect of duty.
(c) The board shall organize annually at its first meeting subsequent to June 30 and shall select from its members a chairperson and a vice-chairperson vice chairperson. Other meetings shall be held as the board designates. A majority of members appointed to the board shall constitute a quorum for the transaction of business.
(d) The board may appoint an executive director who shall be in the unclassified service of the Kansas civil service act and shall receive an annual salary fixed set by the board, subject to approval by the governor. The board may employ clerical personnel and other assistants, all of whom shall be in the classified unclassified service under the Kansas civil service act. The board may make and enter into contracts of employment with such professional personnel as necessary, in the board’s judgment, for the performance of its duties and functions and the execution of its powers.
(e) Members of the behavioral sciences regulatory board attending meetings of the board, or attending a subcommittee meeting thereof authorized by the board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
Sec. 41. K.S.A. 65-1635a, 65-5802, 65-5806, 65-6302, 65-6313, 65-6314, 65-6402, 65-6407, 65-6608, 65-6614, 65-6618, 65-7504, 65-7505, 74-5302, 74-5318, 74-5339, 74-5361, 74-5365, 74-5366, 74-5367 and 74-7501 and K.S.A. 2022 Supp. 65-5804a, 65-5807, 65-5808, 65-6306, 65-6309, 65-6322, 65-6404, 65-6405, 65-6406, 65-6411, 65-6610, 65-6611, 65-6613, 74-5310, 74-5315, 74-5316, 74-5363 and 74-5375 are hereby repealed.
Sec. 42. This act shall take effect and be in force from and after its publication in the statute book.
Approved May 9.