BEHAVIORAL SCIENCES REGULATORY BOARD

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Rules, Regulations, and
State Statutes Governing
Psychology

Revised booklet August – 2009
Statutes last amended August – 2009
Regulations last amended October – 2009
Board Statutes last amended July – 2004

 

Chapter 74.—STATE BOARDS, COMMISSIONS AND AUTHORITIES
PSYCHOLOGISTS


74-5301.   Citation of act.
This act shall be known and may be cited as the licensure of psychologists act of the state of Kansas.
History: L. 1967, ch. 432, § 1; L. 1986, ch. 299, § 13; June 1.

74-5302.   Definitions. 
For the purpose of this act the following definitions shall apply:
  (a) "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) "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.
 History: L. 1967, ch. 432, § 2; L. 1980, ch. 242, § 11; L. 1986, ch. 299, § 14; L. 1999, ch. 117, § 25; July 1, 2000

74-5303.   Repealed.
History: L. 1967, ch. 432, § 3; L. 1978, ch. 308, § 67; Repealed, L. 1980, ch. 242, § 29; July 1.

74-5304.   Repealed.
History: L. 1967, ch. 432, § 4; Repealed, L. 1980, ch. 242, § 29; July 1.

74-5305.   Repealed.
History: L. 1967, ch. 432, § 5; L. 1974, ch. 348, § 77; Repealed, L. 1980, ch. 242, § 29; July 1.

74-5306-5309.   Repealed.
History: L. 1967, ch. 432, §§ 6 to 9; Repealed, L. 1980, ch. 242, § 29; July 1.

74-5310.   Issuance of license; fee; qualifications.
  (a) The board shall issue a license as a psychologist to any person who pays an application fee prescribed by the board, not in excess of $225 and an original license fee not in excess of $150, which shall not be refunded, who either 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 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;
  (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 item (3) of subsection (a). 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 item (3) of subsection (a) 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. 
History: L. 1967, ch. 432, § 10; L. 1969, ch. 393, § 1; L. 1972, ch. 309, § 1; L. 1986, ch. 299, § 15; L. 1988, ch. 243, § 15; L. 1990, ch. 286, § 3; L. 1996, ch. 153, § 29; Jan. 1, 1997; L. 2009, ch. 135 § 2

74-5310a.   Duplicate license.
In case of a lost or destroyed license of a psychologist, and upon satisfactory proof of the loss or destruction thereof, the behavioral sciences regulatory board may issue a duplicate, charging a fee not in excess of $20 for such duplicate license.
History: L. 1982, ch. 372, § 1; L. 1986, ch. 299, § 16; June 1.

74-5311.   Certification of psychologists; examinations; fee.
Examinations for applicants under this act shall be held by the board from time to time but not less than once each year. The board shall adopt rules and regulations governing the subject, scope, and form of the examinations or shall contract with a national testing service to provide an examination approved by the board. The board shall prescribe an initial examination fee not to exceed $350. If an applicant fails the first examination, such applicant may be admitted to any subsequent examination upon payment of an additional fee prescribed by the board not to exceed $350. The examination fees prescribed by the board under this section shall be fixed by rules and regulations of the board. 
History: L. 1967, ch. 432, § 11; L. 1972, ch. 309, § 2; L. 1977, ch. 277, § 1; L. 1981, ch. 352, § 3; L. 1984, ch. 291,
§ 1; L. 1990, ch. 286, § 4; L. 1993, ch. 19, § 2; March 25.

74-5312.   Same; waiver of examination.
Until July 1, 1969, the board may waive the examination requirements and may grant a certificate upon payment of a fee prescribed by the board not in excess of one hundred dollars ($100) to any person who is a legal resident of or has been principally employed in the state of Kansas for at least two (2) years immediately prior to the time of application and who meets the requirements of subsections (a) and (b) of K.S.A. 74-5310 and who either:
   (a) Has a doctor's degree or equivalent thereof from an institution with educational standards consistent with those of the state universities of Kansas, and which degree or equivalent was based primarily on a course of study in the field of psychology, or the substantial equivalent thereof in both subject matter and extent of training, and in addition has had five (5) years of professional experience satisfactory to the board; or
   (b) has a master's degree or the equivalent thereof from an institution with educational standards consistent with those of the state universities of Kansas, and which degree or equivalent was based primarily on a course of study in the field of psychology, or the substantial equivalent thereof in both subject matter and extent of training, and in addition has had six (6) years of professional experience satisfactory to the board; or,
   (c) was, on the effective date of this act, designated a certified psychologist by the board of examiners of the Kansas psychological association, inc., under the procedures and standards for the certification of psychologists.
 History: L. 1967, ch. 432, § 12; L. 1972, ch. 309, § 3; March 23.

74-5313.   Same; extension of waiver of examination for veterans.
In the case of a person who is an honorably discharged veteran of the armed forces of the United States, the effective date for meeting the requirements for waiver of examination set forth in K.S.A. 74-5312 is extended to July 1, 1970.
History: L. 1967, ch. 432, § 13; July 1.

74-5314.   Same; evidence of experience.
In determining the acceptability of the applicant's professional experience, the board may require such documentary evidence of the quality, scope and nature of the applicant's experience as it deems necessary. The determination of the board in respect to experience shall be subject to review, at the request of the applicant, in accordance with regulations and procedures which the board shall establish.
History: L. 1967, ch. 432, § 14; July 1.

74-5315.   Endorsement license.
  (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
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) continuous registration, certification or licensure as a psychologist at the doctoral level
during the five years immediately preceeding 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. 65-5310 and amendments thereto.
History: L. 1967, ch. 432, § 15; L. 1986, ch. 299, § 17; June 1, L. 2003, ch. 129 § 5, July 1.

74-5316.   Temporary license.
  (a) Upon application, the board may issue temporary licenses to persons who have met all qualifications for licensure under 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 must wait for completion of the next examination, who have paid the required application, examination and temporary license fees and who have submitted documentation as required by the board, under the following:
  (1) The temporary license shall expire upon receipt and recording of the temporary licensee's second examination score by the board if such temporary licensee fails the examination after two attempts or upon the date the board issues or denies the temporary licensee a license to practice psychology if such temporary licensee passes the examination;
  (2) such temporary licensee shall take the next license examination subsequent to the date of issuance of the temporary license unless there are extenuating circumstances approved by the board;
  (3) 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;
  (4) no person may work under a temporary license except under the supervision of a licensed psychologist as prescribed in rules and regulations adopted by the board; and
  (5) the fee for such temporary license shall be fixed by rules and regulations adopted by the board and shall not exceed $200.
  (b) Upon application, the board may issue temporary licenses not to exceed two years to persons who have met all qualifications for licensure under provisions of such act, except completion of the postdoctoral supervised work experience pursuant to subsection (a)(4) of 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) 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 after expiration;
  (3) temporary licensees shall take the license examination pursuant to subsection (a)(4) of K.S.A. 74-5310, and amendments thereto, subsequent to the date of issuance and prior to expiration of the temporary license unless there are extenuating circumstances approved by the board;
  (4) temporary licensees shall be working toward the completion of the postdoctoral supervised work experience prescribed in subsection (a)(4) of K.S.A. 74-5310, 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 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) the fee for a renewal of the temporary license shall be fixed by rules and regulations adopted by the board and shall not exceed $200 per issuance.
  (c) A person practicing psychology with a temporary license may not use the title "licensed psychologist" or the initials "LP" independently. The word "licensed" may be used only when
preceded by the word "temporary" such as temporary licensed psychologist, or the initials "TLP".
  (d) This section shall be 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 (b) or (c) of this section.
History: L. 1967, ch. 432, § 16; L. 1986, ch. 299, § 18; L. 1999, ch. 108, § 5; July 1; L. 2007, ch.13, § 8; July 1.

74-5316a.   Out of state temporary permit.
 (a) Upon written application and board approval, an individual who is licensed to engage in the independent practice of psychology in another jurisdiction and who is in good standing in that other jurisdiction may engage in the independent practice of psychology as provided by K.S.A. 74-5301 et seq., and amendments thereto, in this state for no more than 15 days per year upon receipt of a temporary permit to practice issued by the board.
  (b) Any psychology services rendered within any 24-hour period shall count as one entire day of psychology services.
  (c) The temporary permit to practice shall be effective on the date of approval by the board and shall expire December 31 of that year. Upon written application and for good cause shown, the board may extend the temporary permit to practice no more than 15 additional days.
  (d) The board may charge a fee of a maximum of $200 for a temporary permit to practice and a fee of a maximum of $200 for an extension of a temporary permit to practice as established by rules and regulations of the board.
  (e) A person who holds a temporary permit to practice psychology in this state shall be deemed to have submitted to the jurisdiction of the board and shall be bound by the statutes and regulations that govern the practice of psychology in this state.
  (f) In accordance with the Kansas administrative procedures act, the board may issue a cease and desist order or assess a fine of up to $1,000 per day, or both, against a person licensed in another jurisdiction who engages in the independent practice of psychology in this state without complying with the provisions of this section.
  (g) This section shall be part of and supplemental to the licensure of psychologists act.
History: L. 2007, ch.13, § 4; July 1.

74-5317.   Application; forms; certified psychologists deemed to be licensed.
  (a) Whoever desires to obtain a license shall apply to the board in writing, on forms prepared and furnished by the board. Each application shall contain proof of the particular qualifications required of the applicant, shall be verified by the applicant under oath or affirmation and shall be accompanied by the required fee.
  (b) Every certified psychologist holding a valid certificate of registration as a psychologist in effect on the day preceding the effective date of this act shall be deemed to be a licensed psychologist under this act, and such person shall not be required to file an original application hereunder for a license.
History: L. 1967, ch. 432, § 17; L. 1986, ch. 299, § 19; June 1.

74-5318.   Biennial mailing of renewal application.
On or before the first day of April of alternate years, the board shall mail to every psychologist licensed in Kansas, an application blank for renewal, which shall contain space for insertion of information as required for the application blank under K.S.A. 74-5317 and amendments thereto, addressing the same to the post office address given at the last previous renewal. In addition, 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. 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.
History: L. 1967, ch. 432, § 18; L. 1986, ch. 299, § 20; L. 1999, ch. 117, § 27; July 1, 2000.

74-5319.   Biennial renewal; fee.
Upon receipt of such application blank, a licensee shall fill out, sign and forward the application to the board, together with a renewal fee fixed by rules and regulations of the board of 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 thus be for the current biennium of registration.
History: L. 1967, ch. 432, § 19; L. 1972, ch. 309, § 4; L. 1984, ch. 291, § 2; L. 1986, ch. 299, § 21; June 1.

74-5320.   Penalty fee.
Applications for renewal of license must be made biennially on or before the first day of July and if not so made an additional fee equal to the renewal fee shall be added to the regular renewal fee.
History: L. 1967, ch. 432, § 20; L. 1986, ch. 299, § 22; L. 1996, ch. 153, § 30; Jan. 1, 1997.

74-5321.   Effect of failure to renew license.
Should any psychologist who has failed to renew a license continue to represent oneself as a psychologist beyond November 1, thereafter such psychologist shall be in violation of this act and the psychologist's license may be suspended or revoked by the board in accordance with the provisions of K.S.A. 74-5324 and amendments thereto.
History: L. 1967, ch. 432, § 21; L. 1986, ch. 299, § 23; June 1.

74-5322.   List of licensed psychologists.
Upon November 1 of each year, or within 20 days thereafter, the board shall publish and cause to be mailed to each psychologist licensed under this act in Kansas, a list of duly licensed psychologists in this state. The annual listing will be contingent upon the payment of all fees due, including the renewal fee.
History: L. 1967, ch. 432, § 22; L. 1986, ch. 299, § 24; June 1.

74-5323.   Privileged communication.
  (a)The confidential relations and communications between a licensed psychologist and the psychologist's client are placed on the same basis as provided by law for those between an attorney and the attorney's client. Except as provided in subsection (b), nothing in this act shall be construed to require such privileged communications to be disclosed.
  (b) Nothing in this section or in this act shall be construed to prohibit any licensed psychologist from testifying in court hearings concerning matters of adult abuse, adoption, child abuse, child neglect, or other matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors, or both, on behalf of a client. There is no privilege under this section for information which is required to be reported to a public official.
History: L. 1967, ch. 432, § 23; L. 1986, ch. 299, § 25; L. 1999, ch. 117, § 28; July 1, 2000.

74-5324.   Grounds for suspension, limitation, revocation or refusal to issue or renew license.
The board may suspend, limit, revoke, condition or refuse to issue or renew a license of any psychologist upon proof that the psychologist:
  (a) Has been convicted of a felony involving moral turpitude; or
  (b) has been guilty of fraud or deceit in connection with services rendered as a psychologist or in establishing qualifications under this act; or
  (c) has aided or abetted a person, not a licensed psychologist, in representing such person as a psychologist in this state; or
  (d) has been guilty of unprofessional conduct as defined by rules and regulations established by the board; or
  (e) has been guilty of negligence or wrongful actions in the performance of duties; or
  (f) has knowingly submitted a misleading, deceptive, untrue or fraudulent misrepresentation on a claim form, bill or statement or
  (g) has had a registration, license or certificate as a psychologist revoked, suspended or limited, or has had other disciplinary action taken, or an application for registration, license or certificate denied, by the proper regulatory authority of another state, territory, District of Columbia or another country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof.
History: L. 1967, ch. 432, § 24; L. 1986, ch. 299, § 26; L. 1986, ch. 234, § 6; L. 1988, ch. 304, § 1; July 1, L. 2004 ch. 16, § 3; July 1, 2004.

74-5325.   Suspension for incapacity; hearing.
After a hearing in accordance with the provisions of the Kansas administrative procedure act, the board may suspend the license of any psychologist for a period not to exceed one year on evidence that the psychologist is incapable of performing duties in the best interest of the public. If at the end of one year of continuous suspension, evidence is presented that the incapacity remains, the suspension may be continued for a period of one year.
History: L. 1967, ch. 432, § 25; L. 1986, ch. 299, § 27; L. 1988, ch. 356, § 292; July 1, 1989.

74-5326.   Jurisdiction of proceedings; petition.
The board shall have jurisdiction of the proceedings to revoke or suspend the license of any psychologist licensed under this act. The petition for the revocation or suspension of a license may be filed:
  (a) By the attorney general in all cases;
  (b) by the county attorney of the county in which the licensed psychologist resides or has practiced; or
  (c) an attorney employed by the board. The petition shall be filed in the office of the secretary of the board.
History: L. 1967, ch. 432, § 26; L. 1986, ch. 299, § 28; June 1.

74-5327.   Filing of petition.
The board may direct the attorney general, the county attorney or its attorney to file such petition against the licensed psychologist upon its own motion, or it may give such direction upon the sworn statement of some person who resides in the county where the licensed psychologist practices.
History: L. 1967, ch. 432, § 27; L. 1986, ch. 299, § 29; June 1.

74-5328.   Prosecution of actions.
The attorney general shall comply with such directions of the board and prosecute the action on behalf of the state, but the county attorney of any county where a licensed psychologist has practiced, at the request of the attorney general, or of the board, shall appear and prosecute such action.
History: L. 1967, ch. 432, § 28; L. 1986, ch. 299, § 30; June 1.

74-5329.   Repealed.
History: L. 1967, ch. 432, § 29; L. 1986, ch. 299, § 31; Repealed, L. 1989, ch. 276, § 7; July 1.

74-5330.   Repealed.
History: L. 1967, ch. 432, § 30; L. 1980, ch. 242, § 12; Repealed, L. 1988, ch. 304, § 11; July 1.

74-5331.   Service of petition.
Notice of the filing of such petition, together with a copy thereof, and of the time and place of the hearing, shall be served upon the licensed psychologist at least 20 days before the hearing.
History: L. 1967, ch. 432, § 31; L. 1980, ch. 242, § 13; L. 1986, ch. 299, § 32; L. 1988, ch. 356, § 293; July 1, 1989.

74-5331a.   Repealed.
History: L. 1967, ch. 432, § 31; L. 1980, ch. 242, § 13; L. 1986, ch. 299, § 32; Repealed, L. 1989, ch. 276, § 7; July 1.

74-5332.   Notice and hearing on suspension or revocation of license.
No license of any psychologist shall be suspended or revoked until after notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1967, ch. 432, § 32; L. 1984, ch. 313, § 136; L. 1986, ch. 299, § 33; June 1.

74-5333.   Revoked or suspended license; practice prohibited.
 No licensed psychologist shall engage in practice after the psychologist's license is revoked or during the time for which it is suspended.
History: L. 1967, ch. 432, § 33; L. 1984, ch. 313, § 137; L. 1986, ch. 299, § 34; June 1.

74-5334.   Failure to appear; evidence; order.
 In case the licensed psychologist fails to appear, either in person or by counsel, at the time and place designated in the notice, the board after receiving satisfactory evidence of the truth of the charges, shall order the license revoked or suspended as it may determine.
History: L. 1967, ch. 432, § 34; L. 1986, ch. 299, § 35; June 1.

74-5335.   Costs; witness fees.
 If the order is adverse to the licensed psychologist, the costs shall be charged to such psychologist as in ordinary civil actions in the district court, but if the board is the unsuccessful party, the costs shall be paid out of any money in the state treasury to the credit of the board. Witness fees and costs may be taxed according to the statutes prevailing in the district courts.
History: L. 1967, ch. 432, § 35; L. 1986, ch. 299, § 36; June 1.

74-5336.   Same; costs uncollectible, paid by board.
All costs accrued at the instance of the state, when it is the successful party, and which the attorney general certifies cannot be collected from the defendant, shall be paid out of any available funds in the state treasury to the credit of the board.
History: L. 1967, ch. 432, § 36; July 1.

74-5337.   Judicial review of board's actions.
Any action of the board upon a hearing pursuant to K.S.A. 74-5330 and amendments thereto is subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
History: L. 1967, ch. 432, § 37; L. 1980, ch. 242, § 14; L. 1986, ch. 299, § 37; L. 1986, ch. 318, § 133; July 1.

74-5338.   Same; bond.
On review, the only bond required shall be one running to the state, in an amount to be fixed by the court for the payment of the costs both before the board and in the district court. The bond shall be approved by the clerk of the district court. The giving of such bond shall not operate to stay the order of the board or restore the right of the psychologist to practice pending such review.
History: L. 1967, ch. 432, § 38; L. 1986, ch. 318, § 134; July 1.

74-5339.   Reinstatement of license; fee.
After one year from the date of a revocation of a license, an application for reinstatement may be made to the board, and it may order such reinstatement. The board shall prescribe by rules and regulations a reinstatement fee of not to exceed $200.
History: L. 1967, ch. 432, § 39; L. 1975, ch. 415, § 1; L. 1977, ch. 277, § 2; L. 1984, ch. 291, § 3; L. 1986, ch. 299,
§ 38; June 1.

74-5340.   Violations.
It shall be unlawful, without a valid, existing license as a psychologist issued by the board for any person to represent oneself to be a psychologist as defined in K.S.A. 74-5302 and amendments thereto.
History: L. 1967, ch. 432, § 40; L. 1986, ch. 299, § 39; June 1.

74-5341.   Violations; penalties.
Except as provided in K.S.A. 74-5344 and amendments thereto, any person who violates K.S.A. 74-5340 and amendments thereto or subsection (c) of K.S.A. 74-5349 shall be guilty of a class A misdemeanor.
History: L. 1967, ch. 432, § 41; L. 1986, ch. 300, § 2; July 1.

74-5342.   Same; prosecutions by attorney general and county attorney.
The attorney general shall comply with such directions of the board and prosecute said action on behalf of the state, but the county attorney of any county where a psychologist has practiced, at the request of the attorney general or of the board, shall appear and prosecute such action.
History: L. 1967, ch. 432, § 42; July 1.

74-5343.   Same; use of injunctions.
Whenever in the judgment of the board any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of this act, or any valid rule or regulation of the board, the board may make application to any court of competent jurisdiction for an order enjoining such acts or practices, and upon a showing by the board that such person has engaged, or is about to engage in any such acts or practices, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court without bond.
History: L. 1967, ch. 432, § 43; July 1.

74-5344.   Construction of act.
Nothing contained in the licensure of psychologists act of the state of Kansas shall be construed:
  a) To prevent qualified members of other professional groups such as, but not limited to, ministers, Christian Science practitioners, social workers and sociologists from doing work of a psychological nature consistent with their training and consistent with any code of ethics of their respective professions so long as they do not hold themselves out to the public by any title or description of services incorporating the words “psychologic,” “psychological,” “psychologist” or “psychology”;
  (b)  in any way to restrict any person from carrying on any of the aforesaid activities in the free expression or exchange of ideas concerning the practice of psychology, the application of its principles, the teaching of such subject matter and the conducting of research on problems relating to human behavior if such person does not represent such person or such person's services in any manner prohibited by such act;
  (c)  to limit the practice of psychology of a licensed masters level psychologist or a person who holds a temporary license to practice as a licensed masters level psychologist insofar as such practice is a part of the duties of any such person's salaried position, and insofar as such practice is performed solely on behalf of such person's employer or insofar as such person is engaged in public speaking with or without remuneration;
  (d)  to limit the practice of psychology or services of a student, intern or resident in psychology pursuing a degree in psychology in a school, college, university or other institution, with educational standards consistent with those of the state universities of Kansas if such practice or services are supervised as a part of such person's degree program. Nothing contained in this section shall be construed as permitting such persons to offer their services as psychologists to any other person and to accept remuneration for such psychological services other than as specifically excepted herein, unless they have been licensed under the provisions of the licensure of psychologists act of the state of Kansas, registered under the provisions of K.S.A. 74-5361 to 74-5371, inclusive, and amendments thereto or granted a temporary license under the provisions of K.S.A. 74-5367 and amendments thereto;
  (e)  to prevent the employment, by a person, association, partnership or a corporation furnishing psychological services for remuneration, of persons licensed as psychologists under the provisions of the licensure of psychologists act of the state of Kansas,
  (f)  to restrict the use of tools, tests, instruments or techniques usually denominated ``psychological'' so long as the user does not represent oneself to be a licensed psychologist or a licensed masters level psychologist;
  (g)  to permit persons licensed as psychologists to engage in the practice of medicine as defined in the laws of this state, nor to require such licensed psychologists to comply with the Kansas healing arts act;
  (h)  to restrict the use of the term “social psychologist” by any person who has received a doctoral degree in sociology or social psychology from an institution whose credits in sociology or social
psychology are acceptable by a school or college as defined in the licensure of psychologists act of the state of Kansas, and who has passed comprehensive examination in the field of social psychology as a part of the requirements for the doctoral degree or has had equivalent specialized training in social psychology;
  (i)  to restrict the practice of psychology by a person who is certified as a school psychologist by the state department of education so long as such practice is conducted as a part of the duties of employment by a unified school district or as part of an independent evaluation conducted in accordance with K.S.A. 72-963 and amendments thereto, including the use of the term ``school psychologist'' by such person in conjunction with such practice; or
  (j)  to restrict the use of the term psychologist or the practice of psychology by psychologists not licensed under the licensure of psychologists act of the state of Kansas in institutions for the mentally retarded, in a juvenile correctional facility, as defined in K.S.A. 38-1602, and amendments thereto, or in institutions within the department of corrections insofar as such term is used or such practice of psychology is performed solely in conjunction with such person's employment by any such institution or juvenile correctional facility.
  (k)  Any person not licensed as a psychologist but who immediately prior to the effective date of this act was engaged in the practice of psychology in accordance with subsection (e) as it existed immediately prior to the effective date of this act under the supervision of a licensed psychologist may continue on and after the effective date of this act to engage in such practice in the manner authorized by subsection (e) as it existed immediately prior to the effective date of this act.
History: L. 1967, ch. 432, § 44; L. 1980, ch. 242, § 28; L. 1986, ch. 299, § 40; L. 1987, ch. 306, § 12; L. 1988, ch.
304, § 10; L. 1997, ch. 142, § 8; L. 1997, ch. 142, § 9; L. 1999, ch. 108, § 6;  L. 2003, ch. 72, § 4; L. 2004, ch.
19 § 1; July 1, 2004.

74-5345.   Repealed.
History: L. 1967, ch. 432, § 45; L. 2007, ch.13, § 9; July 1.

74-5346.   Repealed.
History: L. 1967, ch. 432, § 46; L. 1973, ch. 309, § 39; Repealed, L. 1980, ch. 242, § 29; July 1.

74-5347.   Invalidity of part.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1967, ch. 432, § 47; July 1.

74-5348.   References to certified psychologists deemed to apply to licensed psychologists.
  (a) Whenever certified psychologist, or words of like effect, is referred to or designated by a statute, rule and regulation, contract or other document in reference to a psychologist certified under the certification of psychologists act of the state of Kansas, such reference or designation shall be deemed to apply to a licensed psychologist under the licensure of psychologists act of the state of Kansas.
  (b)This section shall be part of and supplemental to the licensure of psychologists act of the state of Kansas.
History: L. 1986, ch. 299, § 43; June 1.

74-5349.   Establishment of specialties within practice of psychology authorized; rules and regulations; standards; fees; unlawful acts.
  (a) In accordance with the provisions of this section, the board may establish specialties within the practice of psychology and provide for the endorsement of licensed psychologists in such specialties. The board shall adopt rules and regulations applicable to the endorsement of specialties which:
(1)Establish categories of specialties within the practice of psychology which are consistent with specialties recognized by the profession of psychology;
(2) establish education, training and qualifications necessary for endorsement for each category of specialty established by the board at a level adequate to assure the competent performance by licensed psychologists of the specialty such person is authorized to perform; and
  (3) define each category of specialty established under this section and establish limitations and restrictions on each category, as appropriate. The definition of each category of specialty established under this paragraph (a)(3) shall be consistent with the education, training and qualifications required to obtain an endorsement in that category of specialty and shall be consistent with the protection of the public health and safety.
  (b) The board may fix by rule and regulation an application fee for endorsement in a specialty and shall fix a biennial renewal fee for endorsement in a specialty. The application fee and biennial renewal fee shall not exceed $150. Any such fee shall be in addition to other fees collected by the board under the licensure of psychologists act of the state of Kansas.
  (c) A licensed psychologist holding an endorsement from the board in a specialty within the practice of psychology may represent to the public that such person is endorsed in such specialty. It shall be unlawful for any person not endorsed in a specialty within the practice of psychology to intentionally represent to the public that such person is endorsed in such specialty.
  (d)This section shall be part of and supplemental to the licensure of psychologists act of the state of Kansas.
History: L. 1986, ch. 300, § 1; L. 1990, ch. 286, § 5; May 24.

74-5350.   Disclosure.
A licensee under the licensure of psychologists act of the state of Kansas, at the beginning of a client-therapist relationship, shall inform the client of the level of such licensee's training and the title or titles and license or licenses of such licensee. As a part of such obligation, such licensee shall disclose whether such licensee has a master's degree or a doctoral degree. If such licensee has a doctoral degree, such licensee shall disclose whether or not such doctoral degree is a doctor of medicine degree or some other doctoral degree. If such licensee does not have a medical doctor's degree, such licensee shall disclose that the licensee is not authorized to practice medicine and surgery and is not authorized to prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain mental disorders can have medical or biological origins, and that the client should consult with a physician. Documentation of such disclosures to a client shall be made in the client's record.
History: L. 1999, ch. 117, § 26; July 1, 2000.

 

Amended August 2009

 

 

seal  

 

Licensing of Psychologists
 



K.A.R. 102-1
 

Regulations

 

102-1-1.   Definitions.
  (a) ``Academically eligible'' means having a doctoral degree in psychology from an institution of higher education that meets the standards identified in K.A.R. 102-1-12.
  (b) ``Client'' or ``patient'' means a person who meets either of the following criteria:
  (1) Is a recipient of direct psychological services within a relationship that is initiated either by mutual consent of the person and a psychologist or according to law; or
  (2) is a recipient of a psychological assessment or diagnosis for a third party.
  (c) ``Clinical psychological services'' means the application by persons trained in psychology of established principles of learning, motivation, perception, thinking, and emotional relationships to problems of behavior adjustment, group relations, and behavior modification when those principles are applied through either or both of the following activities:
  (1) Providing psychological assessment and therapeutic treatment to individuals or groups with the intent of modifying attitudes, emotions, and behaviors that are intellectually, physically, socially, or emotionally maladaptive; or
  (2) performing any other clinical applications of psychological principles as approved by the board.
  (d) ``Consultation'' means providing professional guidance, information, or advice without administrative or professional authority over or responsibility for the professional functioning of the recipient.
  (e) ``Continuing education'' means programs or activities designed to enhance the psychologist's level of knowledge, skill, and ability to practice psychology. These programs shall have content clearly related to the enhancement of psychology practice, values, and knowledge. Continuing education credits shall not be used as a substitute for basic professional education preparation as defined in K.A.R. 102-1-12.
  (f) ``Harmful dual relationship'' means a professional relationship between a psychologist and a client, patient, student, or supervisee in which the objectivity or competency of the psychologist is impaired or compromised because of any of the following present or previous relationships:
  (1) Familial;
  (2) sexual;
  (3) social;
  (4) emotional;
  (5) financial;
  (6) supervisory; or
  (7) administrative.
  (g) ``Intern'' or ``resident'' means a person who is actively enrolled in a program as defined by K.A.R. 102-1-12 and who is attaining the predoctoral supervised experience necessary for licensure as a psychologist.
  (h) ``Nonclinical, general psychological services'' means the application by persons trained in psychology of established principles of learning, motivation, perception, thinking, and emotional relationships to problems of behavior adjustment, group relations, and behavior modification when those principles are applied through the following activities:
  (1) Conducting applied research on problems relating to human behavior or program evaluation;
  (2) providing consultation or psychological supervision;
  (3) providing instruction in areas of psychology pertinent to the clinical practice of psychology;
  (4) measuring and testing personality, intelligence, aptitudes, public opinion, attitudes, and skills; and
  (5) other applications of nonclinical, general psychological principles as approved by the board.
  (i) ``Psychological assessment'' means the use, in any manner, of established psychological tests, procedures, and techniques with the intent of diagnosing adjustment, functional, mental, vocational, or emotional problems or recommending treatment methods for persons having these problems.
  (j) ``Quarter credit hour'' means two-thirds of a semester hour.  
Quarter credit hours shall be rounded as follows:
  (1) One quarter credit hour equals .7 semester hours.
  (2) Two quarter credit hours equal 1.3 semester hours.
  (3) Three quarter credit hours equal 2.0 semester hours.
  (4) Four quarter credit hours equal 2.7 semester hours.
  (5) Five quarter credit hours equal 3.3 semester hours.
  (k) ``Supervision'' means the formal relationship between the supervisor and supervisee that promotes the development of responsibility, skill, knowledge, appropriate attitudes, and ethical standards in the practice of psychology. Supervision shall include both general training supervision and individual clinical supervision.
  (l) ``General training supervision'' means supervision of any of the following areas of practice:
  (A) Consultation;
  (B) psychological supervision of other mental health service providers;
  (C) applied research or program evaluation;
  (D) instruction in areas of psychology pertinent to the clinical practice of psychology; or
  (E) other applications of psychological principles as approved by the board.
  (2) ``Individual clinical supervision'' means supervision of the following areas of practice:
  (A) Psychological assessment; and
  (B) therapeutic treatment for individuals or groups with the intent of modifying attitudes, emotions, and behaviors that are intellectually, physically, socially, or emotionally maladaptive.
  (m) ``Termination,'' for purposes of unprofessional conduct, means the end of the professional psychologist-client relationship or treatment for any of the following reasons:
  (1) The mutual consent of the psychologist and the client or clients;
  (2) the completion of treatment;
  (3) dismissal of the psychologist or discontinuation of the relationship by the client or clients;
  (4) dismissal of the client or clients by the psychologist; or
  (5) the referral or transfer of the client to another professional with belief that treatment will continue.
  (n) ``Trimester credit hour'' means a unit of academic credit received under an academic year consisting of three terms. A trimester credit hour is equivalent to a semester credit hour.
  (o) ``Undue influence'' means misusing one's professional position of confidence, trust, or authority over a client or supervisee, or taking advantage of a client's vulnerability, weakness, infirmity, or distress, for either of the following purposes:
  (1) To improperly influence or change a client's or supervisee's actions or decisions; or
  (2) to exploit a client or supervisee for the financial gain, personal gratification, or advantage of the psychologist or a third party.
  (p) ``Unlicensed assistant'' means a person who is employed by a person, association, partnership, or corporation furnishing psychological services to assist a licensed psychologist in providing psychological services and who is under the licensed psychologist's direct supervision.
  (q) ``Year of supervised experience'' means a minimum of 1,800 clock hours of supervised experience that meets the requirements of K.A.R. 102-1-5.
(Authorized by K.S.A. 2000 Supp. 74-507 and K.S.A. 74-5314; implementing K.S.A. 2000 Supp. 74-5302, K.S.A. 2000 Supp. 74-5310, K.S.A. 74-5314, K.S.A. 2000 Supp. 74-5316, K.S.A. 2000 Supp. 74-5344, and K.S.A. 2000 Supp. 74-7507; effective May 1, 1982; amended May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended Aug. 4, 1995; amended Dec. 18, 1998; amended Jan. 4, 2002.)
   
102-1-2.   Revoked.
(Authorized by and implementing K.S.A. 74-7507; effective May 1, 1982; revoked May 1, 1984.)

102-1-3.   Revoked.
(Authorized by K.S.A. 74-7507, as amended by L. 1986, Ch. 299, Sec. 42; implementing K.S.A. 74-5314, and K.S.A. 74-5317, as amended by L. 1986, Ch. 299, Sec. 19; effective May 1, 1982; amended May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; revoked Oct. 27, 2000.)

102-1-3a.   Application for licensure by examination; application for temporary license.
  (a)(1) Any person who has completed the required education and postgraduate supervised experience may apply for a license to practice psychology and for approval to take the psychology licensure examination. This person may also apply for a temporary license to practice psychology under supervision as specified in K.A.R. 102-1-5a, pending satisfactory passage of the psychology licensure examination, as specified in K.A.R. 102-1-4.
  (2) Any person who has completed only the educational requirements may apply for a temporary license to practice psychology while attaining the required postdoctoral supervised experience.
  (b) Each applicant shall request the license application forms from the executive director of the board
and at the time of application shall meet the following requirements:
  (A) The completed application form;
  (B) the full payment of the license application fee specified in K.A.R. 102-1-13; and
  (C) references on board-approved forms in accordance with subsection (d); and
  (2) arrange for the applicant's transcripts covering all applicable graduate college or university coursework to be sent directly from each academic institution to the board office. Each applicant who graduated from a college or university outside the United States shall additionally arrange for all official transcripts, supporting documentation, and, if applicable, the doctoral dissertation, to be translated and evaluated for degree equivalency by a source and in a manner that are acceptable to the board.
  (c) Predoctoral supervised experience. If the applicant seeks credit for one year of predoctoral supervised experience, the applicant shall submit a completed, board-approved reference form from an officially designated director or chair of the predoctoral supervised experience program who has access to the applicant's supervisory records and can verify the applicant's supervised experience, supervision hours, and satisfactory completion of the predoctoral supervised experience program. Supervised experience for which an applicant received an unsatisfactory rating from the applicant's supervisor and that has not been adequately remediated to provide the applicant with a final satisfactory rating at the time of completion of the supervised experience may, at the board's discretion, be credited toward the supervised experience requirement.
  (d) Postdoctoral supervised experience. Each applicant who has completed the postdoctoral supervised         
experience requirement shall submit the name of each person who provided postdoctoral supervision and who can address the applicant's professional conduct, competence, postdoctoral supervised experience, and moral character. Additionally, the applicant shall submit a completed, board-approved reference from each person who provided postgraduate supervision to enable the board to verify and evaluate the extent and quality of the applicant's supervised postgraduate work experience. Supervised experience for which an applicant received an unsatisfactory rating from the applicant's supervisor and that has not been adequately remediated to provide the applicant with a final satisfactory rating at the time of completion of the supervised experience shall not be credited toward the supervised experience requirement.
  (e) Temporary license procedure. An applicant who has neither completed the postdoctoral supervised experience requirement nor passed the required psychology licensure examination shall submit the following in addition to complying with subsection (b):
  (1) A completed temporary license request form;
  (2) verification of the setting in which the applicant intends to work towards completion of the postdoctoral supervised experience;
  (3) the name and qualifications of the supervisor or supervisors providing supervision while under temporary license;
  (4) upon receipt of notification of board approval for a temporary license, the temporary license fee specified in K.A.R. 102-1-13; and
  (5) upon completion of the postgraduate supervised experience, the name of each licensed psychologist who provided postgraduate supervision and the applicable supervisory references specified in subsection (c).
  (f) If the applicant qualifies for and obtains a temporary license, the applicant's application shall remain active until the temporary license or the renewed temporary license expires. If the applicant does not qualify for a renewal of the temporary license or if a qualifying applicant fails to apply for and obtain a renewal of the temporary license, the application shall expire when the original temporary license expires. Upon expiration, the applicant may submit a new application, the required fee, and all supporting documents.
  (g) A temporary license granted to an applicant for purposes of completing the supervised postgraduate work experience requirements may be renewed for one additional two-year period under an existing application. In order to qualify for a renewal of the temporary license, the applicant shall perform the following:
  (1) Submit a written request for renewal of the temporary license;
  (2) submit payment of the temporary license fee as specified in K.A.R. 102-1-13; and
  (3) provide documentation on board-approved forms that demonstrates satisfactory progress toward the completion of the supervised postgraduate work experience requirements specified in K.A.R. 102-1-5a.
  (h) In order to demonstrate satisfactory progress toward the completion of the supervised postgraduate work experience requirements set forth in K.S.A. 74-5316, and amendments thereto, and thus to            qualify for renewal of the temporary license, each applicant shall have satisfactorily completed the     following requirements within the preceding two years, as applicable:
  (1) An applicant seeking to attain one year of postgraduate supervised experience (1,800 hours) shall have completed no fewer than 900 clock-hours of qualifying postgraduate supervised experience.
  (2) An applicant seeking to attain two years of postgraduate supervised experience (3,600 hours) shall   have completed no fewer than 1,800 clock-hours of qualifying postgraduate supervised experience.
  (3) An applicant who has not completed postdoctoral supervised experience hours at the rate shown in paragraph (h)(1) or (2) due to exigent circumstances may submit to the board a written request for an extension. An exigent circumstance shall mean any condition caused by events beyond the person's control that are sufficiently extreme in nature to result in either of the following:
  (A) The applicant's inability to complete the postgraduate supervised experience at the rate normally required; or
  (B) the inadvisability of the applicant's completion of the postgraduate supervised experience at the rate normally required.
  (i) Each applicant for a license to practice psychology shall be required to satisfactorily pass a nationally administered, standardized written examination approved by the board, as specified in K.A.R. 102-1-4.
  (j) An applicant shall not be given a judgment on the applicant's eligibility for a temporary license or license until all application materials are received and all application procedures are completed.
  (k) Upon receipt of notification from the board that all licensure eligibility requirements have been satisfied, the applicant shall submit the fee specified in K.A.R. 102-1-13 for the original period of licensure.
  (l) If the applicant fails to obtain licensure or a temporary license, the applicant's application may remain active for up to one year. If the applicant has not met the qualifications or has not completed the application process by the end of one year, the application shall expire. Upon expiration, the applicant may submit a new application, the required fee, and all supporting documents.
(Authorized by K.S.A. 74-5314, K.S.A. 74-5316, and K.S.A. 74-7507; implementing K.S.A. 74-5310, K.S.A. 74-5314, K.S.A. 74-5315, as amended by 2003 HB 2234, Sec. 5, K.S.A. 74-5316, and K.S.A. 74-5317; effective Oct. 27, 2000; amended, T-102-7-1-03, July 1, 2003.)

102-1-3b.   Application for licensure based on reciprocity. 
  (a) Each individual who wishes to be licensed as a psychologist based on reciprocity, as provided by K.S.A. 74-5315 and amendments thereto, shall submit an application for licensure in accordance with the provisions of this regulation.
  (b) Each applicant for licensure as a psychologist shall request the application forms for licensure by reciprocity from the board. Each applicant shall ensure that the application materials are submitted to the board as follows:
  (1) The applicant shall submit the completed application form and shall submit payment in full of the application for a license fee, as provided in K.A.R. 102-1-13.
  (2) The applicant shall forward to the licensing agency for the jurisdiction in which the applicant is currently licensed, certified, or registered as a psychologist at the doctoral level a form provided by the board on which the licensing agency is to provide the following documentation:
  (A) Verification that the applicant currently holds a valid license, registration, or certification to practice psychology at the doctoral level that has been issued by the licensing agency;
  (B) the date on which the applicant was initially licensed, registered, or certified by the licensing agency as a psychologist at the doctoral level and a complete history of each subsequent renewal, reinstatement, and lapse in licensure, registration, or certification. If an applicant is seeking licensure   based on reciprocity under the provisions of paragraph (a)(2) of K.S.A. 74-5315 and amendments thereto, the applicant shall ensure that documentation covering the five continuous years of licensure, registration, or certification as a psychologist at the doctoral level that immediately precede the date of the application is submitted to the board by the licensing agency for each jurisdiction in which the applicant was licensed, registered, or certified during that five-year period;
  (C) a complete history of any disciplinary action of a serious nature brought by the licensing agency against the applicant. For purposes of this regulation, ``disciplinary action of a serious nature'' means   the revocation or suspension of a license, registration, or certification issued by the licensing board or the voluntary surrender of a license, registration, or certification in lieu of the completion of an investigation or final disciplinary action; and
  (D) either verification that the standards in that jurisdiction for licensure, certification, or registration as a psychologist at the doctoral level are substantially equivalent to the standards in Kansas or verification that the applicant has earned a doctoral degree in psychology, the date on which the applicant earned the degree, and the name of the university or college granting the degree.  The completed form shall be returned to the board by the licensing agency and shall not be forwarded to the applicant.
  (3) If the applicant is seeking licensure based on reciprocity under the provisions of paragraph (a)(2) of K.S.A. 74-5315, and amendments thereto, rather than on the basis that the standards for licensure, registration, or certification are substantially equivalent to the standards in Kansas for licensure as a psychologist at the doctoral level, the applicant shall ensure that following additional documentation is submitted:
  (A) An attestation by the applicant that the applicant engaged in the professional practice of psychology at the doctoral level an average of at least 15 hours per week for nine months during each of the five years immediately preceding the date of application for licensure based on reciprocity; and
  (B) if the licensing agency does not provide verification that the applicant holds a doctoral degree in psychology, an original transcript sent directly from the university or college granting the degree that identifies all applicable graduate coursework and the date on which the applicant was granted a doctoral degree in psychology.
(Authorized by K.S.A. 74-5315, as amended by 2003 HB 2234, Sec. 5, and K.S.A. 74-7507; implementing K.S.A. 74-5315, as amended by 2003 HB 2234, Sec. 5, K.S.A. 74-5310 and 74-5324; effective, T-102-7-1-03, July 1, 2003; effective Oct. 31, 2003.)

102-1-4.   Examinations.
  (a) Prior to the issuance of a license, each applicant for licensure shall have passed an examination. The pass criterion score shall be 70 percent correct. Each applicant shall be notified of the results in writing.
  (b) The standard examination shall be a written examination. A written examination may be waived and an oral examination procedure substituted when:
  (1) A license has been revoked or suspended and re-licensure is requested; or
  (2) an applicant is unable to take the written examination because one or more physical handicaps preclude completion of the written examination, or may severely affect the applicant's performance.
  (c) For oral examinations, the board may contract collectively or individually with a panel of licensed psychologists to conduct the oral examination and make recommendations to the board, based on the performance evaluation of the applicant.
  (d) Oral examinations shall include assessment of:
  (1) Effectiveness and clarity of expression;
  (2) knowledge and skills in the area in which the applicant is otherwise qualified to offer psychological services;
  (3) knowledge and awareness of ethical issues and problems in the professional area of emphasis and for psychologists in general; and
  (4) knowledge of general psychology.
  (e) All oral examinations shall be recorded verbatim.
  (f) The pass or fail decision shall be based on a review of the recommendation of the oral examining panel and review of the verbatim recordings, when necessary.
  (g) Any applicant, other than an applicant for reinstatement of a revoked or suspended license, may be exempt from taking the written examination if:
  (1) The applicant successfully passed the written portion of an examination taken in another jurisdiction at a level equal to or greater than the criterion pass score; or
  (2) the applicant:
  (A) Has been continuously licensed or certified at the doctoral level since implementation of, or under the grand-fathering provisions of, the certification or licensure law in the applicant's state;
  (B) has been employed as a psychologist fulltime at least for five years; and
  (C) has never taken the examination.
(Authorized by K.S.A. 74-7507; implementing K.S.A. 74-5310, K.S.A. 74-5311, and K.S.A. 74-7507 effective May 1, 1982; amended May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended May 30, 1995.)

102-1-5.   Revoked.
(Authorized by K.S.A. 74-5314; implementing K.S.A. 74-5314 and K.S.A. 74- 5317; effective May 1, 1982; amended May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1987; amended May 30, 1995; revoked Oct. 27, 2000.)

102-1-5a.   Supervised experience and supervisor qualifications.
  (a) Each applicant for licensure as a psychologist shall demonstrate satisfactory completion of two years of supervised experience in the practice of psychology, one year of which may be predoctoral supervised experience and at least one year of which shall be postdoctoral supervised experience, unless the applicant meets the criteria in paragraph (b)(2).
  (b) Predoctoral supervised experience.
  (1) The year of predoctoral supervised experience shall meet the internship requirements specified in K.A.R. 102- 1-12(b)(11).
  (2) This year of predoctoral supervision may be completed on a postdoctoral basis if the applicant completes the predoctoral supervision in the course of successfully completing a program that meets both of the following requirements:
  (A) Prepares the applicant to practice in an area of emphasis that is different than the area of emphasis the applicant originally completed at the time the applicant received the doctoral degree; and
  (B) substantially complies with the program requirements of K.A.R. 102-1-12.
  (c) Postdoctoral supervised experience. The postdoctoral supervised experience shall meet the following requirements:
  (1) The supervised experience shall be attained in a public or private setting, institution, or organization that provides the supervisee with contact with other disciplines, the opportunity to utilize a variety of theories, and the opportunity to work with a broad range of populations and techniques.
  (2) At least 900 hours per year of supervised experience shall be spent providing clinical psychological services.
  (3) At least 180 hours per year of supervised experience shall be spent providing general or nonclinical psychological services.
  (4) The supervised clinical experience shall be consistent with the supervisee's educational background and with the area of emphasis in which the applicant intends to offer services to the public. At least one-half of the supervisee's general training experience shall be relevant to the supervisee's emphasis area, which may include clinical psychology, counseling psychology, school psychology, industrial psychology, or organizational psychology.
  (d) Supervisor qualifications. Each supervisor of a person who is obtaining the supervised experience   required to become licensed as a psychologist shall meet the following criteria:
  (1) If providing general training supervision, be a licensed or certified provider of a health-related service at the time the supervision occurred or, if the experience occurs in a state or jurisdiction without a provision for licensing or certifying that health-related profession, have attained the appropriate degree or training in the topic area in which supervision is provided;
  (2) if providing supervision for the predoctoral supervised experience, be licensed at the doctoral level in psychology;
  (3) if providing supervision for the postdoctoral supervised experience, have at least two years of experience that includes the clinical practice of psychology after the date of licensure at the doctoral level in psychology;
  (4) meet at least one of the following conditions:
  (i) Be a staff member of the practice setting or have an understanding of the practice setting's   organization and administrative policies and procedures; or
  (ii) be vested by the agency with authority over the supervisee's professional contacts with each of the supervisee's clients or patients. This authority shall be focused on the supervisee's skills as well as the welfare of those clients or patients whose treatment the supervisor is reviewing;
  (5) if the supervisor is not employed by the public or private institution or agency that employs the supervisee, ensure that the scope of the supervisor's own responsibility and authority in that practice setting has been clearly and expressly defined;
  (6) not have a familial or harmful dual relationship with the supervisee;
  (7) not be under sanction from a disciplinary proceeding, unless this prohibition is waived by the board for good cause shown by the proposed supervisor; and
  (8) use forms supplied by the board and submit information that is sufficiently detailed regarding the supervisee's application for psychology licensure to enable the board to evaluate the extent and quality of the supervisee's supervised experience.
  (e) Supervised experience requirements.
  (1) For predoctoral psychology experience settings, the supervisor shall provide one hour of individual clinical supervision for every 10 hours during which the supervisee has direct patient or client contact.
  (2) For postdoctoral supervised experience settings, the supervisor shall provide one hour of individual clinical supervision for every 20 hours during which the supervisee has direct patient or client contact.
  (3) The supervisor, in addition to meeting the requirements listed in subsection (d), shall perform the following:
  (A) Provide individual supervision by meeting in person with the supervisee. When meeting in person is not practical due to an emergency, geographic distance, or other exigent circumstances, the supervisor may meet with the supervisee by interactive video or other electronic or telephonic means of communication. The supervisor and supervisee may use any electronic or telephonic means of communication that protects the confidentiality of their supervision. The use of these means of communication shall not exceed one out of every four supervisory sessions;
  (B) be available to the supervisee at the points of decision making regarding the diagnosis and treatment of clients or patients;
  (C) conduct supervision as a process that is distinct from providing personal therapy, didactic instruction, or consultation;
  (D) in conjunction with the supervisee, review and evaluate the psychological services delivered and procedures used;
  (E) ensure that each client or patient knows that the supervisee is practicing psychology under supervision;
  (F) be available to the supervisee for emergency consultation and intervention; and
  (G) maintain documentation of the supervision that details each type of the psychological services and procedures in which the supervisee engages and the supervisee's competence in each.
  (f) Supervisee requirements. Each person attaining the supervised experience necessary for licensure as a psychologist shall meet the following criteria:
  (1) Fully participate in the supervisory process in a responsible manner; and
  (2) inform, in writing, each client or patient for whom the supervisee is practicing psychology of the  name of and the means to contact the supervisor.
(Authorized by K.S.A. 2005 Supp. 74-7507; implementing K.S.A. 74-5310 and 74-5317; effective Oct. 27, 2000; amended March 10, 2006.)

102-1-6.   Licensure action by the board.
  (a) Each applicant shall be licensed when the applicant has met all qualifications for licensure.
  (b) Licensure of an applicant shall require a majority vote of the board.
  (c) Any member of the board who has a conflict of interest shall disqualify himself or herself from voting. This disqualification shall not affect the existence of a quorum.
  (d) Licensure action by the board shall be reported in the board minutes with a listing of the relevant sections of the law under which the candidate qualified. If the board denies an application, the reasons for the denial shall be reported.
  (e) Each denied applicant shall be informed in writing of the reasons for the applicant's denial and of the applicant's right to a hearing. Action of the board shall be considered completed when the notification has been received by the applicant. Any applicant may request a hearing or reconsideration of the application by submitting a written statement, detailing the basis for the request, with the executive secretary within 30 days of receipt of the notification. The applicant may submit additional material in the request for reconsideration. If a request for a hearing or reconsideration is not made within the 30 day period, the application shall expire.
(Authorized by K.S.A. 74-7507, as amended by L. 1986, Ch. 299, Sec. 42; implementing K.S.A. 74-5310, as  amended by L. 1986, Ch. 299, Sec. 15; effective May 1, 1982; amended May 1, 1984; amended May 1, 1987.)

102-1-7.   Revoked.
(Authorized by K.S.A. 1987 Supp. 74-7507; implementing K.S.A. 1987 Supp. 74-5310, as amended by L. 1988, Ch. 243, Sec. 15, K.S.A.1987 Supp. 74-5333; effective May 1, 1982; amended May 1, 1984; amended May 1, 1987; amended July 24, 1989; revoked June 8, 2007.)


102-1-8.   Renewal and reinstatement.
  (a) To be considered for license renewal pursuant to K.S.A. 74-5319 and amendments thereto, each licensed psychologist shall submit the following to the board:
  (1) The completed renewal form provided by the board;
  (2) the renewal fee required by K.S.A. 74-5319 and amendments thereto, as set forth in K.A.R. 102-1-13(a)(3); and
   (3) evidence satisfactory to the board that the psychologist has completed the required number of continuing education hours as specified in K.A.R. 102-1-15.
  (b) To be considered for reinstatement of a revoked psychology license for reasons other than incapacity of the psychologist, the applicant shall submit the following items to the board:
   (1) The completed reinstatement form provided by the board;
   (2) the reinstatement fee equal to the renewal fee as set forth in K.A.R. 102-1-13(a)(3);
   (3) if the applicant is required to take an examination, the examination fee as set forth in K.A.R. 102-1-13(a)(4);
  (4) proof satisfactory to the board of compliance with any term specified by an order of the board as a condition of reinstatement of the license;
  (5) any materials, information, evaluation or examination reports, or other documentation that the board may request that will enable it to satisfactorily evaluate and determine whether or not the license should be reinstated. In determining whether or not the license should be reinstated, factors including the following shall be considered by the board:
  (A) The extent to which the individual presently merits the public trust;
  (B) the individual's demonstrated understanding of the wrongful conduct that resulted in the license revocation. This understanding may be demonstrated either by successfully completing an oral interview with the board or by preparing a professional paper that is reviewed and approved by the board or the board's designee;
  (C) the extent of the individual's remediation and rehabilitation in regard to the wrongful conduct that resulted in the license revocation;
  (D) the nature and seriousness of the original misconduct;
  (E) the individual's conduct after the license revocation;
  (F) the time elapsed since the license revocation; and
  (G) the individual's present competence in psychological knowledge and skills;
  (6) verification acceptable to the board that the applicant has completed, during the immediate 24-month period, the required number of continuing education hours as specified in K.A.R. 102-1-15; and
  (7) evidence satisfactory to the board that the applicant has not practiced independently as or held that individual out to the public as being a psychologist.
  (c) To be considered for renewal of an expired psychology license, the applicant shall submit the following items to the board:
  (1) The completed renewal form provided by the board;
  (2) the renewal fee as set forth in K.A.R. 102-1-13(a)(3);
  (3) the late renewal fee equal to the renewal fee as set forth in K.A.R. 102-1-13(a)(3);
  (4) if the applicant has been credentialed in a state other than Kansas, verification of the status of the applicant's credential in that state;
  (5) verification acceptable to the board that the applicant has completed, during the immediate 24-month period, the required number of continuing education hours as specified in K.A.R. 102-1-15; and
  (6) evidence satisfactory to the board that, after November 1 following the expiration of the license, the applicant has not practiced independently as or held out that individual as a psychologist.
(Authorized by K.S.A. 74-7507; implementing K.S.A. 74-5318, K.S.A. 74-5319, K.S.A. 74-5339, K.S.A. 74-7507, K.S.A. 74-5320, and K.S.A. 74-5321; effective May 1, 1982; amended May 1, 1984; amended May 1, 1986; amended May 1, 1987; amended Dec. 18, 1998; amended July 11, 2003.)

102-1-8a. Renewal audit.
(a) A random audit of the continuing education documentation for 10 percent of the psychologist licenses expiring during each license renewal period shall be conducted by the board.
(b) Each licensee selected for the random audit shall be notified in writing after the board has received the psychologist’s renewal application form required by K.A.R. 102-1-8.
(c) Upon board notification, each renewal applicant for a psychologist license shall submit the following to the board within 30 days after the license expiration date:
(1) The completed renewal audit forms; and
(2) the original continuing education documents that validate all continuing education units claimed for credit during the current renewal period.
(d) Continuing education units that a renewal applicant for a psychologist license earns after board receipt of the renewal application form shall not be approved for continuing education credit for the current renewal period.
(e) Failure to comply with this regulation shall be considered unprofessional conduct.
(Authorized by and implementing K.S.A. 74-5318 and K.S.A. 2007 Supp. 74-7507; effective Feb. 13, 2009.)

102-1-9.   Revoked.
(Authorized by and implementing K.S.A. 74-5315, 74-5316; effective May 1, 1982; revoked May 1, 1984.)

102-1-10.   Revoked.
(Authorized by K.S.A. 74-7507; implementing K.S.A. 74-7507 and K.S.A. 74-5342; effective May 1, 1982; amended May 1, 1984; amended, T-85-35, Dec. 10, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended Aug. 4, 1995; revoked Jan. 4, 2002.)

102-1-10a.   Unprofessional conduct.
Each of the following shall be considered unprofessional conduct:
  (a) Practicing psychology in an incompetent manner, which shall include the following acts:
  (1) Misrepresenting professional competency by offering to perform services that are inconsistent with the licensee's education, training, or experience;
  (2) performing professional services that are inconsistent with the licensee's education, training, or experience; and
  (3) without just cause, failing to provide psychological services that the licensee is required to provide under the terms of a contract;
   (b) practicing with impaired judgment or objectivity, which shall include the following acts:
   (1) Using alcohol or other substances to the extent that it impairs the psychologist's ability to competently engage in the practice of psychology; and
  (2) failing to recognize, seek intervention, and make arrangements for the care of clients if one's own personal problems, emotional distress, or mental health difficulties interfere with or negatively impact professional judgment, professional performance and functioning, or the ability to act in the client's best interests;
  (c) engaging in harmful dual relationships, which shall include the following acts:
  (1) Making sexual advances toward or engaging in physical intimacies or sexual activities with either of the following:
  (A) Any person who is a client; or
  (B) any person that the licensee knows who has a significant relationship with the client, supervisee, or student;
  (2) failing to inform the client or patient of any financial interests that might accrue to the licensed psychologist for referral to any other service or for the sale, promotion, or use of any tests, books, electronic media, or apparatus; and
  (3) exercising undue influence over any client;
  (d) making sexual advances toward or engaging in physical intimacies or sexual activities with, or exercising undue influence over any person who, within the past 24 months, has been a client;
  (e) failing to obtain informed consent, which shall include the following acts:
  (1) Failing to obtain and document, in a timely manner, informed consent from the client or legally authorized representative for clinical psychological services before the provision of any of these services except in an emergency situation.  This informed consent shall include a description of the possible effects of treatment or procedures when there are known risks to the client or patient;
  (2) failing to provide clients or patients with a description of what the client or patient may expect in the way of tests, consultation, reports, fees, billing, and collection; and
  (3) failing to inform clients or patients when a proposed treatment or procedure is experimental;
  (f) ignoring client welfare, which shall include the following acts:           
  (1) Failing to provide copies of reports or records to a licensed healthcare provider authorized by the client following the licensee's receipt of a formal written request, unless the release of that information is restricted or exempted by law or by these regulations, or the disclosure of the information would be injurious to the welfare of the client;
  (2) failing to inform the client or patient that the client or patient is entitled to the same services from a public agency if the licensed psychologist is employed by that public agency and also offers services privately;
  (3) engaging in behavior that is abusive or demeaning to a client, student, or supervisee;
  (4) soliciting or agreeing to provide services to prospective clients or patients who are already receiving mental health services elsewhere without openly discussing issues of disruption of continuity of care with the prospective client or patient, or with other legally authorized persons who represent the client or patient, and when appropriate, consulting with the other service provider about the likely effect of a change of providers on the client's general welfare;
  (5) failing to take each of the following steps before termination for whatever reason, unless precluded by the patient's or client's relocation or noncompliance with the treatment regimen:
  (A) Discuss the patient's or client's views and needs;
  (B) provide appropriate pretermination counseling;
  (C) suggest alternative service providers, as appropriate; and
  (D) take other reasonable steps to facilitate the transfer of responsibility to another provider if the patient or client needs one immediately;
  (6) failing to arrange for another psychologist or other appropriately trained mental health professional to be available to handle clinical emergencies if the psychologist anticipates being unavailable for a significant amount of time;
  (7) failing to be available for the timely handling of clinical emergencies after having agreed to provide coverage for another psychologist;
  (8) failing to terminate a professional relationship if it becomes reasonably clear that the patient or client no longer needs the service, is not benefiting from continued service, or is being harmed by continued service;
  (9) failing to delegate to employees, supervisees, and research assistants only those responsibilities that these persons can reasonably be expected to perform competently on the basis of their education, training, or experience, either independently or with the level of supervision being provided;
  (10) failing to provide training and supervision to employees or supervisees and to take reasonable steps to see that these persons perform services responsibly, competently, and ethically; and
  (11) continuing to use or order tests, procedures, or treatment, or to use treatment facilities or services not warranted by the client's or patient's condition;
  (g) failing to protect confidentiality, which shall include the following acts:
  (1) Failing to inform each client, supervisee, or student of the limits of client confidentiality, the purposes for which the information may be obtained, and the manner in which it may be used;
  (2) revealing any information regarding a client or failing to protect information contained in a client's records, unless at least one of these conditions is met:
  (A) Disclosure is required or permitted by law;
  (B) failure to disclose the information presents a clear and present danger to the health and safety of an individual or the public;
  (C) the psychologist is a party to a civil, criminal, or disciplinary investigation or action arising from the practice of psychology, in which case disclosure shall be limited to that action; or
  (D) the patient has signed a written release that authorizes the psychologist to release information to a specific person or persons identified in the release; and
   (3) failing to obtain written, informed consent from each client or the client's legal representative or representatives or from any other participant before performing either of the following actions:
  (A) Electronically recording sessions with the client, or other participants, including audio and video recordings; or
  (B) permitting third-party observation of the activities of the client or participant;
  (h) misrepresenting the services offered or provided, which shall include the following acts:
  (1) Failing to inform a client if services are provided or delivered under supervision;
  (2) making claims of professional superiority that cannot be substantiated;
  (3) guaranteeing that satisfaction or a cure will result from the performance of professional services;
  (4) knowingly engaging in fraudulent or misleading advertising; and
  (5) taking credit for work not personally performed;
  (i) engaging in improprieties with respect to fees and billing statements, which shall include the following acts:
  (1) Exploiting clients or payers with respect to fees;
  (2) misrepresenting one's fees;
  (3) failing to inform a patient or client who fails to pay for services as agreed that collection procedures may be implemented, including the possibility that a collection agency may be used or legal measures may be taken; and
  (4) filing claims for services that were not rendered;
  (j) improperly using assessment procedures, which shall include the following acts:
  (1) Basing assessment, intervention, or recommendations on test results and instruments that are inappropriate to the current purpose or to the patient characteristics;
  (2) failing to identify situations in which particular assessment techniques or norms may not be applicable or failing to make adjustments in administration or interpretation because of relevant factors, including gender, age, race, and other pertinent factors;
  (3) failing to indicate significant limitations to the accuracy of the assessment findings;
  (4) failing to inform individuals or groups at the outset of an assessment that the psychologist is  precluded by law or by organizational role from providing information about results and conclusions of the assessment;
  (5) endorsing, filing, or submitting psychological assessments, recommendations, reports, or diagnostic statements on the basis of information and techniques that are insufficient to substantiate those findings;
  (6) releasing raw test results or raw data either to persons who are not qualified by virtue of education, training, or supervision to use that information or in a manner that is inappropriate to the needs of the patient or client; and
  (7) allowing, endorsing, or supporting persons who are not qualified by virtue of education, training, or supervision to administer or interpret psychological assessment techniques;
  (k) violating applicable law, which shall include the following acts:
  (1) Impersonating another person holding a license issued by this or any other board;
  (2) claiming or using any method of treatment or diagnostic technique that the licensed psychologist refuses to divulge to the board;
  (3) refusing to cooperate in a timely manner with the board's investigation of complaints lodged against an applicant or a psychologist licensed by the board.  Any psychologist taking longer than 30 days to provide requested information shall have the burden of demonstrating that the psychologist has acted in a timely manner; and
  (4) being convicted of a crime resulting from or relating to the licensee's professional practice of psychology;
  (l) aiding an illegal practice, which shall include the following acts:
  (1) Knowingly allowing another person to use one's license;
  (2) knowingly aiding or abetting anyone who is not credentialed by the board to represent that individual as a person credentialed by the board;
  (3) furthering the licensure or registration application of another person who is known or reasonably believed to be unqualified in respect to character, education, or other relevant eligibility requirements;
  (4) making a materially false statement or failing to disclose a material fact in an application for licensure or renewal of licensure; and
  (5) failing to notify the board, within a reasonable period of time, that any of the following conditions apply to the psychologist or that the psychologist has knowledge, not obtained in the context of confidentiality, that any of the following conditions apply to another professional regulated by the board:
  (A) A licensee has had a license, certificate, permit, registration, or other certificate, registration, or license in psychology or in the field of behavioral sciences, granted by any state or jurisdiction, that has been limited, restricted, suspended, or revoked;
  (B) a licensee has been subject to disciplinary action by a licensing or certifying authority or professional association;
  (C) a licensee has been terminated or suspended from employment for some form of misfeasance, malfeasance, or nonfeasance;
  (D) a licensee has been convicted of a felony; or
  (E) a licensee has practiced in violation of the laws or regulations regulating the profession;
A psychologist taking longer than 30 days to notify the board shall have the burden of demonstrating that the psychologist acted within a reasonable period of time;
  (m) failing to maintain and retain records as outlined in K.A.R. 102-1-20;
  (n) improperly engaging in research with human subjects, which shall include the following acts:
  (1) Failing to consider carefully the possible consequences for human beings participating in the research;
  (2) failing to protect each participant from unwarranted physical and mental harm;
  (3) failing to ascertain that the consent of the participant is voluntary and informed; and
  (4) failing to preserve the privacy and protect the anonymity of the subjects within the terms of informed consent;
  (o) engaging in improprieties with respect to forensic practice, which shall include the following acts:
  (1) When conducting a forensic examination, failing to inform the examinee of the purpose of the examination and the difference between a forensic examination and a therapeutic relationship;
  (2) in the course of giving expert testimony in a legal proceeding, performing a psychological assessment in a biased, nonobjective, or unfair manner or without adequate substantiation of the findings;
  (3) failing to conduct forensic examinations in conformance with established scientific and professional standards; and
  (4) if a prior professional relationship with a party to legal proceeding precludes objectivity, failing to report this prior relationship and to clarify in both written report and actual testimony the possible impact of this prior relationship on the resulting conclusions and recommendations; and
  (p) engaging in improprieties with respect to supervision, which shall include the following acts:
  (1) Failing to provide supervision in compliance with subsection (d) of K.A.R. 102-1-5a;
  (2) failing to provide supervision to a person working towards licensure as a clinical psychotherapist in compliance with KAR 102-4-7a; and
  (3) failing to provide regular, periodic, written supervisory feedback to the supervisee.
(Authorized by and implementing K.S.A. 2000 74-7507 and K.S.A. 74-5324; effective Jan. 4, 2002;  amended Jan. 9, 2004.)

 102-1-11.   Supervision of unlicensed assistants.
  (a) To utilize unlicensed assistants for psychological services, the licensed psychologist shall:
  (1) Provide direct and continuing administrative and professional supervision to the unlicensed assistant;
  (2) be vested with administrative control over the functioning of unlicensed assistants to maintain ultimate responsibility for the welfare of every client or patient;
  (3) have sufficient contact with all clients or patients in order to plan effective and appropriate service and define procedures. The licensed psychologist shall also be available to the patient or client for emergency consultation and intervention;
  (4) provide the unlicensed assistant with only work assignments which are commensurate with the skills of that assistant;
  (5) plan all procedures to be used by the unlicensed assistant and inform the assistant of those plans;
  (6) provide space for unlicensed assistants in the same physical setting as themselves, unless otherwise approved and authorized by the board;
  (7) make all public announcements of fees and services. The licensed psychologist shall be solely   responsible for all correspondence with other professionals;
  (8) set and collect all fees;
  (9) countersign all requests for payments for services performed by the unlicensed assistant. By so doing a psychologist shall be deemed to have established a supervisory relationship pursuant to this section;
  (10) have not more than three full-time unlicensed assistants in the licensed psychologist's employ, if the licensed psychologist is in independent practice;
  (11) establish and maintain a level of supervisory contact sufficient to insure the welfare of clients or patients seen by the unlicensed assistant and provide the board with documentation attesting to that level of supervision for board review and approval;
  (12) notify the board within 45 days of those individuals who are serving as unlicensed assistants. This notification shall be on forms approved by the board and shall include the name, the education of, and duties assigned to each unlicensed assistant;
  (13) be responsible for all psychological services performed by the unlicensed assistant, and be solely responsible for interpretation of psychological assessments on all patients or clients; and
  (14) not be under a supervisory agreement with the board. This provision may be waived by the board upon application for review by the proposed supervisor.
  (b) An ongoing record of supervision shall be maintained which details the type of activities in which the unlicensed assistant is engaged, and the level of competence in each. This record shall be available for review by the board.
  (c) Persons receiving supervision while obtaining pre-doctoral or post-doctoral professional experience in an exempt agency are not required to be registered by the supervising licensed psychologist.
(Authorized by and implementing K.S.A. 74-5314, and K.S.A. 74-5344, as amended by L. 1986, Ch. 299, Sec. 40; effective May 1, 1982; amended May 1, 1984; amended May 1, 1987.)

102-1-12.   Educational requirements.
  (a) Definitions.
  (1) ``Core faculty member'' means an individual who is part of the program's teaching staff and who meets the following conditions:
  (A) Is an individual whose education, training, and experience are consistent with the individual's role within the program and are consistent with the published description of the goals, philosophy, and educational purpose of the program;
  (B) is an individual whose primary professional employment is at the institution in which the program is housed; and
  (C) is an individual who is identified with the program and is centrally involved in program development, decision making, and student training as demonstrated by consistent inclusion of the individual's name in public and departmental documents.
  (2) ``In residence,'' when used to describe a student, means that the student is present at the physical location of the institution for the purpose of completing coursework during which the student and one or more core faculty members are in physical proximity and face-to- face contact.
  (3) ``Primary professional employment'' means a minimum of 20 hours per week of instruction, research, any other service to the institution in the course of employment, and the related administrative work.
  (b) A graduate applicant for psychology licensure shall be deemed to have received a doctoral degree based on a program of studies in content primarily psychological as set forth in K.S.A. 74-5310, and amendments thereto, or the substantial equivalent of this program in both subject matter and extent of training, if at the time the applicant graduated from the program, this doctoral degree program was accredited by the American psychological association. If the applicant began the program after March 10, 2006, the accredited program shall require that at least 24 semester credit hours in the substantive areas identified in paragraph (b)(13)(C), or the equivalent number of quarter or trimester credit hours, be completed while the applicant is in residence. If not so accredited, the doctoral degree program from which the applicant was granted the degree shall meet all of the following criteria:
  (1) The doctoral program is offered by an institution of higher education that is regionally accredited by an accrediting agency substantially equivalent to those agencies that accredit the universities in Kansas.
  (2) The program offers doctoral education and training in psychology, one goal of which is to prepare students for the practice of psychology.
  (3) The program stands as a recognized, coherent organizational entity within a university or college.
  (4) There is a clear administrative authority with primary responsibility within the program for the substantive content areas as set forth below in paragraph (b)(13) and for the emphasis areas of psychology.
  (5) The program is an established, organized, and comprehensive sequence of study designed by administrators who are responsible for the program to provide an integrated educational experience in psychology.
  (6) There is an identifiable, full-time, professional faculty whose members hold earned graduate degrees in psychology, and the person responsible for directing the program is licensed or academically eligible at the doctoral level to engage in the practice of psychology.
  (7) The ratio of students to core faculty members does not exceed 15 students to one core faculty member.
  (8) The student's major advisor is a member of the psychology faculty.
  (9) The program has an identifiable body of students who are matriculated in the program for a degree.
  (10) The program publicly states an explicit philosophy of training by which it intends to prepare students for the practice of psychology. The program's philosophy, educational model, and curriculum plan shall be substantially consistent with the mission and goals of the program's sponsor institution and shall be consistent with the following principles of the discipline:
  (A) Psychological practice is based on the science of psychology, which, in turn, is influenced by the professional practice of psychology.
  (B) Training for practice is sequential, cumulative, graded in complexity, and designed to prepare students for further organized training.
  (11) The program, except for industrial and organizational psychology programs, requires an internship that meets the following requirements:
  (A) Consists of at least 1,800 hours over one year of full-time training or two consecutive years of half-time training;
  (B) accepts as interns only applicants enrolled in a doctoral program as defined in this subsection or in a program that meets the requirements of paragraph (b)(2) of K.A.R. 102-1-5a;
  (C) has a clearly designated doctoral-level staff psychologist who is responsible for the integrity and quality of the training program. This person shall be licensed, certified, or registered in the jurisdiction in which the program exists to engage in the practice of psychology and shall be present at the training facility for a minimum of 20 hours per week;
  (D) provides training and supervision in a wide range of professional activities, including diagnosis, remediation techniques, interdisciplinary relationships, and consultation, and provides experience with a population of clients or patients presenting a diverse set of problems and backgrounds;
  (E) is taken after the completion of all graduate courses other than those designated for writing the dissertation, including both the required graduate coursework emphasizing the practice of psychology and the preinternship training requirements;
  (F) provides the intern or resident with a minimum of four hours of general training supervision for every 40 hours of training experience. At least one hour of individual clinical supervision shall be provided for every 10 hours during which the supervisee has direct patient or client contact;
  (G) provides the majority of supervision by licensed, doctoral-level psychologists;
  (H) exists as a distinct and organized program that is clearly recognizable within an institution or agency, as well as in pertinent public, official documents issued by the institution or agency, and that is clearly recognizable as a training program for psychologists;
  (I) identifies interns as being in training and not as staff members;
  (J) has a training staff that consists of at least two doctoral-level psychologists who serve on a full-time basis as individual clinical supervisors and who are licensed, certified, or registered as psychologists in the jurisdiction in which the program exists;
  (K) is an integrated and formally organized training experience, not an after-the-fact tabulation of experience; and
  (L) provides at least two hours per week in didactic activities, including case conferences, seminars, in-service training, and grand rounds.
  (12) Before awarding the doctoral degree, the program requires each student to complete a minimum of three full-time academic years of graduate study, or the equivalent, and to complete an internship that meets the requirements of paragraph (b)(11). At least two of the three academic training years, or the equivalent, shall be completed at the institution from which the doctoral degree is granted, and at least two consecutive semesters, or the equivalent number of quarters or trimesters, shall be completed while the student is in residence at the same institution. The program's coursework shall also include the skill courses appropriate for the applicant's major or area of emphasis.
  (13) The program has and implements a clear and coherent curriculum plan that provides the means whereby all students can acquire and demonstrate substantial understanding of and competency in the current body of knowledge in the following three substantive areas:
  (A) The breadth of scientific psychology, its history of thought and development, its research methods, and its applications. Each student shall have completed a one- semester course consisting of three semester credit hours, or the equivalent number of quarter or trimester credit hours, in each of the following six areas:
  (i) Biological aspects of behavior, including clinical neuropsychology and the biological foundations of psychopathology;
  (ii) cognitive and affective aspects of behavior, including theories of perception, human learning and memory, cognitive development, and theories and research in human learning;
  (iii) social aspects of behavior, including social psychology, advanced social psychology, and social  psychology theories, research, and clinical applications;
  (iv) the history and systems of psychology, including the history of psychology and theories of personality;
  (v) psychological measurement, including an introduction to mathematical methods in psychology, educational measurement methods in psychological research, and research methods in clinical psychology; and
  (vi) research methodology and techniques of data analysis, including statistical methods in psychology, research design in education, multivariate analysis, and multivariate statistical methods;
  (B) the scientific, methodological, and theoretical foundations of practice. Each student shall have completed a one-semester course consisting of three semester credit hours, or the equivalent number of quarter or trimester credit hours, in each of the following four areas:
  (i) Individual differences in behavior, including the basis and nature of individuality, intelligence and cognition, and cross-cultural counseling;
  (ii) human development, including advanced child behavior and development, behavioral analysis of child development, the psychology of the adult personality, gerontology, and counseling with adults;
  (iii) dysfunctional behavior or psychopathology, including advanced psychopathology; and
  (iv) professional, ethical, legal, and quality assurance principles and standards, including professional, legal, and ethical problems in clinical psychology and legal, ethical, and professional issues in counseling; and
  (C) the methods of diagnosing or defining problems through psychological assessment and measurement and the strategies and techniques of therapeutic intervention or remediation. A minimum of 24 semester credit hours in this substantive area, or the equivalent number of quarter or trimester credit hours, shall be completed by the student while the student is in residence and shall be distributed between the following two areas:
  (i) Nine semester credit hours in assessment, or the equivalent number of quarter or trimester credit hours. Assessment courses shall include theories and methods of assessment and diagnosis, including intelligence testing, behavioral and personality assessment in children, theory and construction of personality tests, and techniques of psychodiagnostic assessment; and
  (ii) 15 semester credit hours, or the equivalent number of quarter or trimester credit hours, in techniques of therapeutic interventions and effective therapeutic intervention, consultation, and supervision, including counseling and interviewing skills, theories of group counseling, psychological clinical services, psychotherapy, group therapeutic techniques, and psychotherapy with families.
  (14) The program requires at least 90 semester credit hours, or the equivalent number of quarter or trimester credit hours, of formal graduate study in the psychology program. At least 60 of these semester credit hours, or the equivalent number of quarter or trimester credit hours, shall be distributed among the content areas specified in paragraph (b)(13).
  (15) At least 60 semester credit hours of the coursework for the doctoral program, or the equivalent number of quarter or trimester hours, are clearly designated on the transcript as graduate-level courses in the program, exclusive of practicum, internship, and dissertation credits. The number of credits received through extension programs shall not exceed 10 semester credit hours or the equivalent number of quarter or trimester credit hours. The number of postdoctoral credit hours from a regionally accredited university or college taken to meet licensure requirements shall not exceed 10 semester credit hours or the equivalent number of quarter or trimester credit hours.
  (16) When the program has an applied emphasis, which may include clinical psychology, counseling psychology, or school psychology, the training shall also include a minimum of at least two semesters of a coordinated practicum. The practicum in the application of skills related to the areas of emphasis shall be performed in a setting that is preapproved by the appropriate administrative authorities of the program.
  (17) The program advertises in official documents, including course catalogues and announcements, the program standards and descriptions and the admission requirements of the program.
  (18) The program has admission requirements that are, in part or in full, based on objective, standardized achievement tests and measures.
  (19) The program includes an ongoing, objective review and evaluation of student learning and progress, and the program reports this evaluation in the official transcript.
  (20) The program includes a comprehensive examination or an equivalent assessment approved by the board of the applicant's knowledge and progress within the training program, and the program requires that the applicant pass this requirement before awarding the doctoral degree.
  (21) As a part of the graduation requirements, each student is required to initiate, prepare, conduct, and report original research or an equivalent project as determined by the program. This original research   or equivalent project shall not be substituted for successful completion of the comprehensive examination required under paragraph (b)(20).
  (22) The institution offering the graduate program has a library and equipment and resources available that are adequate for the size of the student body and the scope of the program offered, including suitable scientific and practicum facilities.
  (Authorized by K.S.A. 2005 Supp. 74-7507; implementing K.S.A. 74-5310; effective May 1, 1982; amended May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended Dec. 18, 1998; amended Oct. 27, 2000; amended March 10, 2006; amended, T-102-4-24-07, April 24, 2007; amended April 11, 2008.)

102-1-13 Fees.
(a) Each applicant for licensure as a psychologist shall pay the appropriate fee as specified in this subsection:
(1) Application for a license, $225;
(2) original license, $50;
(3) renewal, $200;
(4) duplicate license, $20;
(5) temporary license, $150;
(6) temporary license renewal fee, $150;
(7) specialty endorsement, $130;
(8) temporary, 15-day permit for an out-of-state professional, $200; or
(9) temporary, 15-day permit for an out-of-state professional extension, $200.
(b) Each applicant for a license renewal after its expiration date shall pay an additional fee of $200, as well as the renewal fee of $200.
(c) Fees paid to the board shall not be refundable.
(Authorized by K.S.A. 2008 Supp. 74-5316, K.S.A. 2008 Supp. 74-5316a, K.S.A. 74-5319, K.S.A. 74-5349, and K.S.A. 2008 Supp. 74-7507; implementing K.S.A. 74-5310, as amended by 2009 HB 2162, sec. 2, K.S.A. 74-5310a, K.S.A. 2008 Supp. 74-5316, K.S.A. 2008 Supp. 74-5316a, K.S.A. 74-5319, K.S.A. 74-5320, and K.S.A. 74-5349; effective May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1987; amended, T-102-5-1-90, May 1, 1990; amended June 11, 1990; amended, T-102-11-29-90, Nov. 29, 1990; amended Jan. 21, 1991; amended Aug. 23, 1993; amended Aug. 4, 1995; amended Oct. 24, 1997; amended July 1, 2005; amended, T-102-7-2-07, July 2, 2007; amended Nov. 30, 2007; amended, T-102-6-26-09,June 26, 2009; amended Oct. 9, 2009.)

102-1-14.   Psychological group service.
Agencies, associations, or other groups providing psychological services shall include the name or names of the licensed psychologist or psychologists providing or supervising the services on psychological reports, insurance forms, or other official documents and advertisements.
(Authorized by K.S.A. 74-7507, as amended by L. 1986, Ch. 299, Sec. 42; implementing K.S.A. 74-5302, as amended by L. 1986, Ch. 299, Sec. 14; effective May 1, 1982; amended May 1, 1984; amended May 1, 1987.)

102-1-15.   Continuing education.
  (a) Each applicant for renewal of licensure shall have earned 50 continuing education hours in the two years preceding an application for renewal. The required number of continuing education hours shall be prorated for periods of renewal that are less than the full two years, using the ratio of one- third of the continuing education hours for each six months since the date of licensure or most recent renewal. Continuing education hours for each type of continuing education activity as specified below in subsection (d) shall be prorated accordingly for those persons whose periods of renewal are less than the full two years. Each person who is licensed within six months of the current expiration period shall be exempt from the continuing education requirement for that person's first renewal period.
  (b) The content of each continuing education activity shall be clearly related to the enhancement of psychology practice, values, skills, or knowledge.
  (c) During each two-year renewal cycle and as part of the required continuing education hours, each licensed psychologist shall complete at least three continuing education hours of training on professional ethics and at least six continuing education hours related to diagnosis and treatment of mental disorders. These hours shall be obtained from any of the activities specified in paragraphs (d)(1), (d)(2), (d)(4), and (d)(6) of this regulation.
  (d) Acceptable continuing education activities, whether taken within the state or outside the state, shall include the following:
  (1) Attendance at workshops, seminars, and presentations that are sponsored, accredited, or conducted by educational institutions, professional associations, or private institutions. These activities shall be sponsored, accredited, or conducted by educational institutions, professional associations, or private institutions that are nationally or regionally accredited for training. Activities conducted by agencies, groups, or individuals that do not meet the requirements of national or regional accreditation shall be acceptable, if the content is clearly related to the enhancement of psychology skills, values, and knowledge. Actual contact hours, excluding breaks and lunch, shall be credited. A maximum of 50 continuing education hours shall be allowed;
  (2) the first-time preparation and initial presentation of courses, workshops,  or other formal training activities, for which a maximum of 15 continuing education hours shall be allowed;
  (3) documented completion of a self-study program. A maximum of 12 continuing education hours shall be allowed;
  (4) documented completion of a self-study program with a posttest that is conducted by a continuing education provider as described in paragraph (d)(1). A maximum of 40 continuing education hours shall be allowed;
  (5) publication and professional presentation. Fifteen continuing education hours may be claimed for the publication or professional presentation of each scientific or professional paper or book chapter authored by the applicant. A maximum of 45 continuing education hours shall be allowed;
  (6) completion of an academic course, for which a maximum of 15 continuing education hours shall be allowed for each academic semester credit hour;
  (7) providing supervision as defined in K.A.R. 102-1-1, for which a maximum of 15 continuing education hours shall be allowed;
  (8) receiving supervision as defined in K.A.R. 102-1-1, except in connection with any disciplinary action, for which a maximum of 15 continuing education hours shall be allowed;
  (9) initial preparation for a specialty board examination, for which a maximum of 25 continuing education hours shall be allowed;
  (10) participation in quality care, client or patient diagnosis review conferences, treatment utilization reviews, peer review, case consultation with another licensed psychologist, or other quality assurance committees or activities, for which a maximum of 15 continuing education hours shall be allowed;
  (11) participation, including holding office, in any professional organization related to the applicant's professional activities, if the organization's activities are clearly related to the enhancement of psychology or mental health practice, values, skills, or knowledge. A maximum of 12 continuing education hours shall be allowed; and
  (12) receiving personal psychotherapy that is provided by a licensed or certified mental health provider and is a part of a designated training program. A maximum of 20 continuing education hours shall be allowed.
  (e) Each licensed psychologist shall be responsible for maintaining personal continuing education records. Each licensee shall submit to the board the licensee's personal records of participation in continuing education activities if requested by the board.
  (f) In determining whether or not a claimed continuing education activity will be allowed, the licensed psychologist may be required by the board to demonstrate that the content was clearly related to psychology or to verify that psychologist's participation in any claimed or reported activity. If a psychologist fails to comply with this requirement, the claimed credit may be disallowed by the board.
  (g) Any applicant who submits continuing education documentation that fails to meet the required 50 continuing education hours may request an extension from the board. The request shall include the applicant's reason for requesting an extension and a plan outlining the manner in which the applicant intends to complete the continuing education requirements. For good cause shown, the applicant may be granted an extension, which shall not exceed six months.
(Authorized by and implementing K.S.A. 74-7507; effective May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended     May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended July 24, 1989; amended Oct. 27, 2000; amended            July 11, 2003.)

102-1-16.   Use of computerized psychological tests.
  (a) To utilize computers in any aspect of psychological testing, the licensed psychologist shall:
  (1) conform to the professional standards for testing, as adopted by the American Psychological Association in the Standards for Educational and Psychological Tests, 1985, which is hereby adopted by reference;
  (2) specifically consider each of the following issues in testing each client:
  (A) whether a particular test is appropriate for a particular client;
  (B) whether the computerized version of a test is appropriate for use by a particular client;
  (C) the evaluation, validity and reliability of the decision rules underlying interpretive statements and  their supporting research;
  (D) whether the integration of findings is correct; and
  (E) whether the conclusions and recommendations are appropriate.
  (3) not use the results of a computerized test in decision-making about clients or make such results part of official client records unless such results are signed by the licensed psychologist utilizing the test;
  (4) be involved in a direct, supervisory, or consultative relationship to the client or to those persons using test findings for decision-making regarding the client;
  (5) assume the same degree of responsibility for the validity and reliability of interpretive statements and soundness of inferences, judgments, and recommendations based on computer-generated test results as would be assured if the psychologist had personally examined the client; and
  (6) make an explicit statement on the report as to whether the psychologist has seen or examined the client in person.
(Authorized by and implementing K.S.A. 74-7507, as amended by L. 1986, Ch. 299, Sec. 42; effective, T-85-35, Dec. 19, 1984; effective May 1, 1985; amended May 1, 1987.)

102‑1‑17.   Licensee consult with physician when determining symptoms of mental disorders.
  (a) “Consult”, as used in K.S.A. 74-5302 and amendments thereto, shall be defined as contact made by the licensee with the appropriate medical professional indicated in subsection (b), for the purpose of promoting a collaborative approach to the client’s care.  This contact may or may not be intended to accomplish confirmation of diagnosis.  The timing of this action by the licensee shall be managed in a way that enhances the progress of assessment, diagnosis, and treatment.  This consult may or may not be completed in the initial session of service delivery.
  (b) The consult with the client’s physician or psychiatrist may occur through documented face-to-face contact, documented telephonic contact, or other documented communication by the licensee with the physician, the physician’s assistant, or designated nursing staff.  When initiating this contact, the licensee shall not be responsible for the medical professional’s response or for the client’s compliance with any related intervention made by the medical professional.
  (c) If a licensee is practicing in a setting or contract arrangement that involves a person licensed to practice medicine and surgery for review of mental health treatment, a physician consult may be completed through medical involvement completed in accordance with the established procedure of the setting or contract arrangement.
  (d) If a licensee is practicing in a licensed community mental health center or its affiliate, or other agency of the state or licensed by the state for providing mental health, rehabilitative, or correctional services, a physician consult shall not be required beyond the procedures for medical involvement as established by the qualifying agency.
  (e) In order to maintain patient confidentiality and informed consent, the licensee shall obtain either a written consent to consult with the patient’s physician or a written waiver declining the consultation.
  (f) Independent diagnosis may be achieved by the licensee consulting with another mental health practitioner in order to establish a diagnosis.
(Authorized by K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 74-5302, as amended by L. 1999, Ch. 117, Sec. 25; effective Oct. 27, 2000.)

102-1-18.   Designation of referral source for the use in the diagnosis and treatment of mental disorder. 
The ``diagnostic and statistical manual of mental disorders,'' fourth edition, text revision, copyrighted in 2000 and published by the American psychiatric association, is hereby adopted by reference.
(Authorized by K.S.A. 74- 5302 and K.S.A. 2004 Supp. 74-7507; implementing K.S.A. 74-5302; effective Oct. 27, 2000; amended April 22, 2005.)

102-1-19.   Services rendered to individuals located in this state.
Except as authorized by K.S.A. 74-5316, K.S.A 74-5344, and K.S.A. 74-5345, and amendments thereto, each person, regardless of the person’s location, who engages in either of the following activities shall be deemed to be engaged in the practice of psychology in this state and shall be required to have a license, issued by the board, to practice psychology as a licensed psychologist:
  (a) performs any act included in subsection (a) of K.S.A. 74-5302, and amendments thereto, on or for one or more individuals located in this state; or
  (b) represents oneself to be a psychologist available to perform any act included in subsection (a) of K.S.A. 74-5302, and amendments thereto, on or for one or more individuals located in this state.
(Authorized by K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 74-5340; effective May 11, 2001.)

102-1-20.   Unprofessional conduct regarding recordkeeping.
  (a) Failure of a psychologist to comply with the recordkeeping requirements established in this regulation shall constitute unprofessional conduct.
  (b) Content of psychological records. Each licensed psychologist shall maintain a record for each client or patient that accurately reflects the licensee's contact with the client or patient and the results of the psychological service provided. Each licensee shall have ultimate responsibility for the content of the licensee's records and the records of those persons under the licensee's supervision. The record may be maintained in a variety of media, if reasonable steps are taken to maintain confidentiality, accessibility, and durability. Each record shall be completed in a timely manner and shall include the following information for each client or patient who is a recipient of clinical psychological services:
  (1) Adequate identifying data;
  (2) the date or dates of services the licensee or the licensee's supervisee provided;
  (3) the type or types of services the licensee or the licensee's supervisee provided;
  (4) initial assessment, conclusions, and recommendations;
  (5) a plan for service delivery or case disposition;
  (6) clinical notes of each session; and
  (7) sufficient detail to permit planning for continuity that would enable another psychologist to take over the delivery of services.
  (c) Retention of records. If a licensee is the owner or custodian of client or patient records, the licensee shall retain a complete record for the following time periods, unless otherwise provided by law:
  (1) At least five years after the date of termination of one or more contacts with an adult; and
  (2) for a client or patient who is a minor on the date of termination of the contact or contacts, at least until the later of the following two dates:
  (A) Two years past the age of majority; or
  (B) five years after the date of termination of the contact or contacts with the minor.
(Authorized by and implementing K.S.A. 74-5324 and K.S.A. 2000 Supp. 74-7507; effective Jan. 4, 2002.)

      

Amended October 2009

 

 

seal 


Behavioral Sciences Regulatory Board
 

K.S.A. 74-7501 to 74-7510
 

The Board Act

 

 


Chapter 74.--STATE BOARDS, COMMISSIONS AND AUTHORITIES
Article 75.--BEHAVIORAL SCIENCES REGULATORY BOARD

74-7501.   Behavioral sciences regulatory board created; composition; appointment; terms, organization; compensation and expenses; executive director and other employees.
  (a) There is hereby created a behavioral sciences regulatory board consisting of 11 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 registered masters level psychologist who on January 1, 1997, will become a licensed masters level psychologist; 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, except that the term of office of the new members appointed pursuant to this act, one member shall be appointed for a term of two years, one member shall be appointed for a term of three years and two members shall be appointed for terms of four years. The governor shall designate the term of office for each member appointed to the board pursuant to this act. 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. 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 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 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.
History: L. 1980, ch. 242, § 1; L. 1981, ch. 299, § 61; L. 1982, ch. 347, § 48; L. 1986, ch. 299, § 41; L. 1988, ch. 304, § 3; L. 1990, ch. 286, § 7; L. 1992, ch. 116, § 39; L. 1996, ch. 153, § 42; July 1.

74-7502.   Abolition of state board of examiners of psychologists and board of social work examiners; transfer of powers, duties and functions to behavioral sciences regulatory board; rules and regulations preserved.
  (a) On July 1, 1980, the following boards are hereby abolished:
  (1) The state board of examiners of psychologists created by K.S.A. 1979 Supp. 74-5303; and
  (2) the board of social work examiners created by K.S.A. 1979 Supp. 75-5349.
  (b) All of the powers, duties and functions of the boards designated in subsection (a) and all of the powers, duties and functions of the secretary of social and rehabilitation services under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, are hereby transferred to and conferred and imposed upon the behavioral sciences regulatory board.
  (c) The behavioral sciences regulatory board shall be the successor in every way to the powers, duties and functions of the boards designated in subsection (a) and to the powers, duties and functions of the secretary of social and rehabilitation services under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, in which the same were vested prior to the effective date of this act, except as otherwise provided by this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the behavioral sciences regulatory board shall be deemed to have the same force and effect as if performed by the boards designated in subsection (a) or by the secretary of social and rehabilitation services under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, in which the same were vested prior to the effective date of this act.
  (d) Whenever the boards designated in subsection (a), or words of like effect, and the secretary of social and rehabilitation services in regard to the powers, duties and functions of the secretary under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the behavioral sciences regulatory board.
  (e) All rules and regulations of the boards designated in subsection (a) and rules and regulations of the secretary of social and rehabilitation services adopted under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the behavioral sciences regulatory board, until revised, amended, revoked or nullified pursuant to law. The board shall review such rules and regulations and shall adopt new rules and regulations, if necessary, pursuant to K.S.A. 77-415 et seq., and amendments thereto.
  (f) The behavioral sciences regulatory board shall be a continuation of the boards designated in subsection (a).
History: L. 1980, ch. 242, § 2; July 1.

74-7503.   Transfer of certain officers and employees to board; civil service and retirement rights preserved; transfer of records and property; disposition of conflicts.
  (a) On July 1, 1980, officers and employees who were engaged prior to such date in the performance of powers, duties and functions of the boards designated in subsection (a) of K.S.A. 74-7502 or in assisting the secretary of social and rehabilitation services to carry out the provisions of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, and who, in the opinion of the behavioral sciences regulatory board are necessary to perform the powers, duties and functions of the behavioral sciences regulatory board shall become officers and employees of the behavioral sciences regulatory board and shall retain all retirement benefits and all rights of civil service which such officer or employee had before July 1, 1980, and their service shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified civil service shall be in accordance with civil service laws and rules and regulations.
  (b) All books, records and other property of the boards designated in subsection (a) of K.S.A. 74-7502 and of the department of social and rehabilitation services maintained in the course of administering the provisions of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, are hereby transferred to the behavioral sciences regulatory board on the effective date of this act.
  (c) Whenever any conflict arises as to the proper disposition of any property or records as a result of any abolishment or transfer made under this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History: L. 1980, ch. 242, § 3; July 1.

74-7504.   Rights preserved in legal actions and proceedings.
  (a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any board designated in subsection (a) of K.S.A. 74-7502 or under the provisions of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the taking effect of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the behavioral sciences regulatory board.
  (b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1980, ch. 242, § 4; July 1. 

74-7505.   Abolition of fee funds; transfer of moneys and liabilities to behavioral sciences regulatory board fee fund.
The psychologists fee fund, established by K.S.A. 1979 Supp. 74-5346, and the social work examiners fee fund, established by K.S.A. 1979 Supp. 75-5359, are hereby abolished. On the effective date of this act the director of accounts and reports shall transfer all moneys in such funds to the behavioral sciences regulatory board fee fund established by this act. On the effective date of this act, all liabilities of the psychologists fee fund, established by K.S.A. 1979 Supp. 74-5346, and the social work examiners fee fund, established by K.S.A. 1979 Supp. 75-5359, existing immediately prior to the effective date of this act are hereby transferred to and imposed on the behavioral sciences regulatory board fee fund.
History: L. 1980, ch. 242, § 5; July 1.

74-7506.   Disposition of moneys received; behavioral sciences regulatory board fee fund established; approval of expenditures.
The behavioral sciences regulatory board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Twenty percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the behavioral sciences regulatory board fee fund, which is hereby established. All expenditures from the behavioral sciences regulatory board fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the behavioral sciences regulatory board or by a person or persons designated by the chairperson.
History: L. 1980, ch. 242, § 6; L. 2001, ch. 5, § 339; July 1.

74-7507.   Powers, duties and functions of board.
The behavioral sciences regulatory board shall have the following powers, duties and functions:
  (1) Recommend to the appropriate district or county attorneys prosecution for violations of this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, K.S.A 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, the marriage and family therapists licensure act or the alcohol and other drug abuse counselor registration act;
  (2) compile and publish annually a list of the names and addresses of all persons who are licensed under this act, are licensed under the licensure of psychologists act of the state of Kansas, are licensed under the professional counselors licensure act, are licensed under K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, are licensed under K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, are licensed under the marriage and family therapists licensure act or are registered under the alcohol and other drug abuse counselor registration act;
  (3) prescribe the form and contents of examinations required under this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, the marriage and family therapists licensure act or the alcohol and other drug abuse counselor registration act;
    (4) enter into contracts necessary to administer this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, the marriage and family therapists licensure act or the alcohol and other drug abuse counselor registration act;
  (5) adopt an official seal;
  (6) adopt and enforce rules and regulations for professional conduct of persons licensed under the licensure of psychologists act of the state of Kansas, licensed under the professional counselors licensure act, licensed under K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, licensed under K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, licensed under the marriage and family therapists licensure act or registered under the alcohol and other drug abuse counselor registration act;
  (7) adopt and enforce rules and regulations establishing requirements for the continuing education of persons licensed under the licensure of psychologists act of the state of Kansas, licensed under the professional counselors licensure act, licensed under K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, licensed under K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, licensed under the marriage and family therapists licensure act or registered under the alcohol and other drug abuse counselor registration act;
  (8) adopt rules and regulations establishing classes of social work specialties which will be recognized for licensure under K.S.A. 65-6301 to 65-6318, inclusive, and amendments thereto;
  (9) adopt rules and regulations establishing procedures for examination of candidates for licensure under the licensure of psychologists act of the state of Kansas, for licensure under the professional counselors licensure act, for licensure under K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, for licensure under K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A.2003 Supp. 74-5375, and amendments thereto, for licensure under the marriage and family therapists licensure act, for registration under the alcohol and other drug abuse counselor registration act and for issuance of such certificates and such licenses;
  (10) adopt rules and regulations as may be necessary for the administration of this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, the marriage and family therapists licensure act and the alcohol and other drug abuse counselor registration act and to carry out the purposes thereof;
  (11) appoint an executive director and other employees as provided in K.S.A. 74-7501 and amendments thereto; and
  (12) exercise such other powers and perform such other functions and duties as may be prescribed by law.
  (b) The behavioral sciences regulatory board, in addition to any other penalty, may assess an administrative penalty, after notice and an opportunity to be heard, against a licensee or registrant for a violation of any of the provisions of the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, the marriage and family therapists licensure act or the alcohol and other drug abuse counselor registration act in an amount not to exceed $1,000. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215 and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
  (c) If an order of the behavioral sciences regulatory board is adverse to a licensee or registrant of the board, the costs shall be charged to such person as in ordinary civil actions in the district court in an amount not to exceed $200. The board shall pay any additional costs and, if the board is the unsuccessful party, the costs shall be paid by the board. Witness fees and costs may be taxed in accordance with statutes governing taxation of witness fees and costs in the district court.
History: L. 1980, ch. 242, § 7; L. 1986, ch. 299, § 42; L. 1987, ch. 315, § 17; L. 1991, ch. 114, § 15; L. 1992, ch.
184, § 7; L. 1996, ch. 153, § 43; Jan. 1, 1997, L. 2004, ch. 16 § 5, July 1, 2004.

74-7508.   Investigations by board; access to documents and other evidence; oaths and testimony; subpoenas; confidentiality of information; exceptions; client or patient communications.
  (a) In connection with any investigation, based upon a written complaint or other reasonably reliable written information, by the behavioral sciences regulatory board, the board or its duly authorized agents or employees shall at all reasonable times have access to, for the purpose of examination, and the right to copy any document, report, record or other physical evidence of any person being investigated, or any document, report, record or other evidence maintained by and in possession of any clinic or office of a practitioner of the behavioral sciences, or other public or private agency if such document, report, record or other physical evidence relates to practices which may be grounds for disciplinary action.
  (b) In all matters pending before the behavioral sciences regulatory board, the board shall have the power to administer oaths and take testimony. For the purpose of all investigations and proceedings conducted by the behavioral sciences regulatory board:
  (1) The board may issue subpoenas compelling the attendance and testimony of witnesses or the production for examination or copying of documents, reports, records or any other physical evidence if such documents, reports, records or other physical evidence relates to practices which may be grounds for disciplinary action. Within five days after the service of the subpoena on any person requiring the production of any documents, reports, records or other physical evidence in the person's possession or under the person's control, such person may petition the board to revoke, limit or modify the subpoena. The board shall revoke, limit or modify such subpoena if in its opinion the documents, reports, records or other physical evidence required does not relate to practices which may be grounds for disciplinary action, is not relevant to the allegation which is the subject matter of the proceeding or investigation, or does not describe with sufficient particularity the documents, reports, records or other physical evidence which is required to be produced. Any member of the board, or any agent designated by the board, may administer oaths or affirmations, examine witnesses and receive such documents, reports, records or other physical evidence.
  (2) The district court, upon application by the board or by the person subpoenaed, shall have jurisdiction to issue an order:
  (A) Requiring such person to appear before the board or the board's duly authorized agent to produce documents, reports, records or other physical evidence relating to the matter under investigation; or
  (B) revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to practices which may be grounds for disciplinary action, is not relevant to the allegation which is the subject matter of the hearing or investigation or does not describe with sufficient particularity the documents, reports, records or other physical evidence which is required to be produced.
  (3) (A) If the board determines that an individual has practiced without a valid license a profession regulated by the board for which the practitioners of the profession are required by law to be licensed in order to practice the profession, in addition to any other penalties imposed by law, the board, in accordance with the Kansas administrative procedure act, may issue a cease and desist order against such individual.
  (B) Whenever in the judgment of the behavioral sciences regulatory board any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, the licensure of psychologists act, the marriage and family therapists licensure act or the alcohol and other drug abuse counselor registration act, or any valid rule or regulation of the board, the board may make application to any court of competent jurisdiction for an order enjoining such acts or practices, and upon a showing by the board that such person has engaged, or is about to engage in any such acts or practices, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court without bond.
  (c) Any complaint or report, record or other information relating to a complaint which is received, obtained or maintained by the behavioral sciences regulatory board shall be confidential and shall not be disclosed by the board or its employees in a manner which identifies or enables identification of the person who is the subject or source of the information except the information may be disclosed:
  (1) In any proceeding conducted by the board under the law or in an appeal of an order of the board entered in a proceeding, or to any party to a proceeding or appeal or the party's attorney;
  (2) to the person who is the subject of the information or to any person or entity when requested by the person who is the subject of the information, but the board may require disclosure in such a manner that will prevent identification of any other person who is the subject or source of the information; or
  (3) to a state or federal licensing, regulatory or enforcement agency with jurisdiction over the subject of the information or to an agency with jurisdiction over acts or conduct similar to acts or conduct which would constitute grounds for action under this act. Any confidential complaint or report, record or other information disclosed by the board as authorized by this section shall not be redisclosed by the receiving agency except as otherwise authorized by law.
  (d) Nothing in this section or any other provision of law making communications between a practitioner of one of the behavioral sciences and the practitioner's client or patient a privileged or confidential communication shall apply to investigations or proceedings conducted pursuant to this section. The behavioral sciences regulatory board and its employees, agents and representatives shall keep in confidence the content and the names of any clients or patients whose records are reviewed during the course of investigations and proceedings pursuant to this section.
  (e) In all matters pending before the behavioral sciences regulatory board, the board shall have the power to revoke the license or registration of any licensee or registrant who voluntarily surrenders such person's license or registration pending investigation of misconduct or while charges of misconduct against the licensee are pending or anticipated.
  (f) In all matters pending before the behavioral sciences regulatory board, the board shall have the option to censure the licensee or registrant in lieu of other disciplinary action.
History: L. 1980, ch. 242, § 8; L. 2001, ch. 154, § 1; L. 2004 ch. 16, § 6, July 1, 2004.
 
74-7509.   Existing certificates and licenses continued in effect.
All licenses issued prior to the effective date of this act under K.S.A. 75-5340 to 75-5361, inclusive, and amendments thereto, shall continue in force and effect until the expiration thereof as provided immediately prior to the effective date of this act under the provisions of the act under which such license was issued. All certificates issued prior to the effective date of this act under the certification of psychologists act of the state of Kansas shall continue in force and effect until the expiration thereof as provided immediately prior to the effective date of this act under the provisions of the act under which such certificates were issued.
History: L. 1980, ch. 242, § 26; July 1.

74-7510.   Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions.
  (a) No person reporting to the behavioral sciences regulatory board in good faith and without malice any information such person may have relating to alleged incidents of malpractice, or the qualifications, fitness or character of, or disciplinary action taken against, a person licensed or registered by the board shall be subject to a civil action for damages as a result of reporting such information.
  (b) Any state, regional or local association composed of persons licensed or registered to practice in a field governed by the behavioral sciences regulatory board and the individual members of any committee thereof, which in good faith and without malice investigates or communicates information pertaining to fitness or character of, or disciplinary action taken against, any licensee, registrant or certificate holder to the behavioral sciences regulatory board or to any committee or agent thereof, shall be immune from liability in any civil action that is based upon such investigation or transmittal or information if the investigation and communication was made in good faith and without malice and did not represent as true any matter not reasonably believed to be true. 
History: L. 1989, ch. 276, § 6; July 1.      

Amended July 2004