BEHAVIORAL SCIENCES REGULATORY BOARD
Rules, Regulations, and
State Statutes Governing
Marriage and Family Therapy
Revised booklet September – 2007
Statutes last amended July – 2007
Regulations last amended October – 2006
Board Statutes last amended July – 2004
Chapter 65.—PUBLIC HEALTH
MARRIAGE AND FAMILY THERAPISTS
65-6401. Citation of act.
K.S.A. 65-6401 through 65-6412, and amendments thereto, shall be known and may be cited as the marriage and family therapists licensure act.
History: L. 1991, ch. 114, § 1; L. 1996, ch. 153, § 16; Jan. 1, 1997.
65-6402. Definitions.
As used in the marriage and family therapists licensure act:
(a) "Board'' means the behavioral sciences regulatory board created under K.S.A. 74-7501 and amendments thereto.
(b) "Marriage and family therapy'' means the assessment and treatment of cognitive, affective or behavioral problems within the context of marital and family systems and includes the diagnosis and treatment of mental disorders as authorized under the marriage and family therapists licensure act.
(c) "Licensed marriage and family therapist'' means a person who engages in the practice of marriage and family therapy and who is licensed under this act except that on and after January 1, 2002, such person shall engage in the practice of marriage and family therapy only under the direction of a licensed clinical marriage and family therapist, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders.
(d) "Licensed clinical marriage and family therapist'' means a person who engages in the independent practice of marriage and family therapy including the diagnosis and treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations and is licensed under this act.
History: L. 1991, ch. 114, § 2; L. 1996, ch. 153, § 17; L. 1999, ch. 117, § 18; July 1, 2000.
65-6403. Prohibited acts and representations; misdemeanor.
(a) No person shall engage in the practice of marriage and family therapy or represent that such person is a licensed marriage and family therapist or a marriage and family therapist without having first obtained a license as a marriage and family therapist under the marriage and family therapist licensure act.
(b) On and after the effective date of this act, no person shall engage in the practice of marriage and family therapy as a clinical marriage and family therapist or represent that such person is a licensed clinical marriage and family therapist or is a clinical marriage and family therapist without having first obtained a license as a clinical marriage and family therapist under the marriage and family therapist licensure act.
(c) Violation of this section is a class B misdemeanor.
History: L. 1991, ch. 114, § 3; L. 1996, ch. 153, § 18; L. 1999, ch. 117, § 19; July 1, 2000.
65-6404. Application for licensure; requirements; fees; practice of licensed clinical marriage and family therapist.
(a) An applicant for licensure as a marriage and family therapist shall furnish evidence that the applicant:
(1) Has attained the age of 21;
(2) (A) has completed a master's or doctoral degree from a marriage and family therapy program, in an educational institution with standards consistent with those of the state universities of Kansas, approved by the board; or (B) has completed a master's or doctoral degree from an educational institution in a related field for which the course work is considered by the board to be equivalent to that provided in clause (2)(A) of this paragraph and consists of a minimum of nine semester hours in human development, nine semester hours in theories of marriage and family functioning, nine semester hours of marital and family assessment and therapy, three semester hours in professional studies and three semester hours in research; or (C) completed a master's or doctoral degree from an educational institution in a related field with additional work from an educational program in marriage and family therapy approved by the board and such degree program and additional work includes the course work requirements provided in clause (2)(B) of this paragraph;
(3) has passed an examination approved by the board;
(4) has satisfied the board that the applicant is a person who merits the public trust; and
(5) Each applicant has paid the application fee established by the board under K.S.A. 65-6411 and amendments thereto.
(b) (1) Applications for licensure as a clinical marriage and family therapist shall be made to the board on a form and in the manner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant:
(A) Is licensed by the board as a licensed marriage and family therapist or meets all requirements for licensure as a marriage and family therapist;
(B) has completed 15 credit hours as part of or in addition to the requirements under subsection
(a) supporting diagnosis or treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual, through identifiable study of the following content areas: Psychopathology, diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches and professional ethics;
(C) has completed a graduate level supervised clinical practicum of supervised professional experience including psychotherapy and assessment with individuals, couples, families or groups, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual, with not less than 350 hours of direct client contact or additional postgraduate supervised experience as determined by the board;
(D) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 4,000 hours of supervised professional experience including at least 1,500 hours of direct client contact conducting psychotherapy and assessments with individuals, couples, families or groups and not less than 150 hours of clinical supervision, including not less than 50 hours of person-to-person individual supervision, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual, except that one-half of the requirement of this part (D) may be waived for persons with a doctor's degree in marriage and family therapy or a related field acceptable to the board;
(E) for persons earning a degree under subsection (a) prior to July 1, 2003, in lieu of the education and training requirements under parts (B) and (C) of this subsection, has completed the education requirements for licensure as a marriage and family therapist in effect on the day immediately preceding the effective date of this act;
(F) for persons who apply for and are eligible for a temporary permit to practice as a licensed marriage and family therapist on the day immediately preceding the effective date of this act, in lieu of the education and training requirements under parts (B), (C) and (D) of this subsection, has completed the education and training requirements for licensure as a marriage and family therapist in effect on the day immediately preceding the effective date of this act;
(G) has passed an examination approved by the board; and
(H) has paid the application fee fixed under K.S.A. 65-6411 and amendments thereto.
(2) A person who was licensed or registered as a marriage and family therapist in Kansas at any time prior to the effective date of this act, who has been actively engaged in the practice of marriage and family therapy as a registered or licensed marriage and family therapist within five years prior to the effective date of this act and whose last license or registration in Kansas prior to the effective date of this act was not suspended or revoked, upon application to the board, payment of fees and completion of applicable continuing education requirements, shall be licensed as a licensed clinical marriage and family therapist by providing demonstration of competence to diagnose and treat mental disorders through at least two of the following areas acceptable to the board:
(A) Either (i) graduate coursework or (ii) passing a national, clinical examination;
(B) either (i) three years of clinical practice in a community mental health center, its contracted affiliate or a state mental hospital or (ii) three years of clinical practice in other settings with demonstrated experience in diagnosing or treating mental disorders; or
(C) attestation from one professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery that the applicant is competent to diagnose and treat mental disorders.
(3) A licensed clinical marriage and family therapist may engage in the independent practice of marriage and family therapy and is authorized to diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. When a client has symptoms of a mental disorder, a licensed clinical marriage and family therapist shall consult with the client's primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client's record. A licensed clinical marriage and family therapist may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(4) On and after January 1, 2002, a licensed marriage and family therapist may diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations only under the direction of a licensed clinical marriage and family therapist, licensed psychologist, person licensed to practice medicine and surgery or person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders. When a client has symptoms of a mental disorder, a licensed marriage and family therapist shall consult with the client's primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client's record. A licensed marriage and family therapist may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
History: L. 1991, ch. 114, § 4; L. 1996, ch. 153, § 19; L. 1999, ch. 117, § 20; L. 2001, ch. 154, § 8; July 1.
65-6405. Temporary License.
(a) A person who is waiting to take the examination required by the board mayapply to the board for a temporary license to practice as a licensed marriage and family therapist by (1) paying an application fee of no more than $150, and (2) meeting the application requirements as stated in subsections (a)(1), (2) and (4) of K.S.A. 65-6404 and amendments thereto.
(b) (1) A temporary license may be issued by the board after the application has been reviewed and approved by the board and the applicant has paid the appropriate fee set by the board for issuance of new licenses.
(2) Absent extenuating circumstances approved by the board,a temporary license issued by the board shallexpire upon the date the board issues or denies the person a license to practice marriage and family therapy or 12 monthsafter the date of issuance of the temporary license.
(3) A temporary licensee shall take the license examination within six months subsequent to the date of issuance of the temporary license unless there are extenuating circumstances approved by the board or if the temporary licensee does not take the license examination within six months subsequent to the date of issuance of the temporary license and no extenuating circumstances have been approved by the board, the temporary license will expire after the first six months.
(4) No temporary license will be renewed or issued again on any subsequent application for the same license level. The preceding provision in no way limits the number of times an applicant may take the examination.
(c) A person practicing marriage and family therapy with a temporary license may not use the title ‘‘licensed marriage and family therapist’’ or the initials ‘‘LMFT’’ independently. The word ‘‘licensed’’ may be used only when followed by the words ‘‘by temporary license’’ such as licensed marriage and family therapist by temporary license, or marriage and family therapist, temporarily licensed.
(d) No person may practice marriage and family therapy under a temporary license except under the supervision of a person licensed by the behavioral sciences regulatory board at the independent level.
(e)Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary
license shall be subject to the provisions of this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the license as provided under this section at the time of issuance of such license.
History: L. 1991, ch. 114, § 5; L. 1996, ch. 153, § 20; L. 1999, ch. 108, § 4; L. 2001, ch. 154, § 9; July 1; L. 2006, ch. 61 § 3; July 1.
65-6405a. Out of state temporary permit.
(a) Upon written application and board approval, an individual who is licensed to engage in the independent clinical practice of marriage and family therapy at the clinical level in another jurisdiction and who is in good standing in that other jurisdiction may engage in the independent practice of clinical marriage and family therapy as provided by K.S.A. 65-6401 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 clinical marriage and family therapy services rendered within any 24-hour period shall count as one entire day of clinical marriage and family therapy 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 clinical marriage and family therapy 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 clinical marriage and family therapy 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 clinical marriage and family therapy in this state without complying with the provisions of this section.
(g) This section shall be part of and supplemental to the marriage and family therapists licensure act.
65-6406. Licensure of individual registered, certified or licensed in another jurisdiction; when authorized; application fee.
(a) The board may issue a license to an individual who is currently registered, certified or licensed to practice marriage and family therapy in another jurisdiction if the board determines that:
(1) the standards for registration, certification or licensure to practice marriage and family
therapy in the other jurisdiction are substantially the equivalent of the requirements of the marriage and family therapists licensure act and rules and regulations of the board.
(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 to practice marriage and family therapy during the five years immediately preceding the application with at least the minimum professional experience as established by rules and regulations of the board;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) completion of a masters degree in marriage and family therapy from a regionally accredited university.
(b) Applicants for licensure as a clinical marriage and family therapist shall additionally demonstrate competence to diagnose and treat mental disorders through meeting the requirements of either paragraph (1) or (2) of subsection (a) and at least two of the following areas acceptable to the board;
(1) Either graduate coursework as established by rules and regulations of the board or passing a national clinical examination approved by the board;
(2) three years of clinical practice with demonstrated experience in diagnosing or treating mental disorders; or
(3) attestation from a professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery stating that the applicant is competent to diagnosis and treat mental disorders.
(c) an applicant for a license under this section shall pay an application fee established by the board under K.S.A. 65-6411 and amendments thereto.
History: L. 1991, ch. 114, § 6; L. 1996, ch. 153, § 21; L. 2002, ch. 59, § 1; July 1, L. 2003, ch. 129, § 4; July 1.
65-6407. Licensure; expiration and renewal; continuing education; reinstatement of suspended or revoked license.
(a) An applicant who meets the requirements for licensure pursuant to this act, has paid the license fee provided for by K.S.A. 65-6411 and amendments thereto and has otherwise complied with the provisions of this act shall be licensed by the board.
(b) Licenses issued pursuant to this act shall expire 24 months from the date of issuance unless revoked prior to that time. A license may be renewed upon application and payment of the fee provided for by K.S.A. 65-6411 and amendments thereto. The application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed during the previous 24 months the continuing education required by rules and regulations of the board. As part of such continuing education, the applicant shall complete not less than six continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing educationhours of professional ethics.
(c) A person whose license has been suspended or revoked may make written application to the board requesting reinstatement of the license upon termination of the period of suspension or revocation in a manner prescribed by the board, which application shall be accompanied by the fee provided for by K.S.A. 65-6411 and amendments thereto.
History: L. 1991, ch. 114, § 7; L. 1996, ch. 153, § 22; L. 1999, ch. 117, § 22; July 1, 2000.
65-6408. Refusal to grant, suspension, condition, limitation, qualification, restriction or revocation of license; grounds.
The board may refuse to grant licensure to, or may suspend, revoke, condition, limit, qualify or restrict the licensure of any individual who the board, after a hearing, determines:
(1) Is incompetent to practice marriage and family therapy, or is found to engage in the practice of marriage and family therapy in a manner harmful or dangerous to a client or to the public;
(2) is convicted by a court of competent jurisdiction of a crime that the board determines is of a nature to render the convicted person unfit to practice marriage and family therapy;
(3) has violated a provision of the marriage and family therapists licensure act or one or more of the rules and regulations of the board;
(4) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent representation;
(5) has knowingly made a false statement on a form required by the board for license or license renewal;
(6) has failed to obtain continuing education credits required by rules and regulations of the board;
(7) has been found guilty of unprofessional conduct as defined by rules and regulations established by the board; or
(8) has had a registration, license or certificate as a marriage and family therapist 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. 1991, ch. 114, § 8; L. 1996, ch. 153, § 23; Jan. 1, 1997.
65-6409. Construction of act.
Nothing in the marriage and family therapists licensure act shall be construed:
(a) To prevent marriage and family therapy practice by students or interns or individuals preparing for the practice of marriage and family therapy to practice under qualified supervision of a professional, recognized and approved by the board, in an educational institution or agency so long as they are designated by titles such as “student,” “trainee,” “intern” or other titles clearly indicating training status;
(b) to authorize the practice of psychology, medicine and surgery, professional counseling, masters level psychology or licensed social work;
(c) to apply to the activities and services of a rabbi, priest, minister, clergy person or organized ministry of any religious denomination or sect, including a Christian-Science practitioner, unless such person or individual who is a part of the organized ministry is a licensed marriage and family therapist; or
(d) to apply to the activities and services of qualified members of other professional groups including, but not limited to, attorneys, physicians, psychologists, masters level psychologists, professional counselors, registered nurses or social workers performing services consistent with the laws of this state, their training and the code of ethics of their profession, so long as they do not represent themselves as being a marriage and family therapist; or
(e) to prevent qualified persons from doing work within the standards and ethics of their respective professions and callings provided they do not hold themselves out to the public by any title or description of services as being a marriage and family therapist.
History: L. 1991, ch. 114, § 9; L. 1996, ch. 153, § 24; Jan. 1, 1997.
65-6410. Limitations on disclosure of information.
(a) A person licensed under the marriage and family therapists licensure act and employees and professional associates of the person shall not be required to disclose any information that the person, employee or associate may have acquired in rendering marriage and family therapy services, unless:
(1) Disclosure is required by other state laws;
(2) failure to disclose the information presents a clear and present danger to the health or safety of an individual;
(3) the person, employee or associate is a party defendant to a civil, criminal or disciplinary action arising from the therapy, in which case a waiver of the privilege accorded by this section is limited to that action;
(4) the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses in that person's behalf; or
(5) a client agrees to a waiver of the privilege accorded by this section, and in circumstances where more than one person in a family is receiving therapy, each such family member agrees to the waiver. Absent a waiver from each family member, a marriage and family therapist shall not disclose information received from a family member.
(b) Nothing in this section or in this act shall be construed to prohibit any person licensed under the marriage and family therapist licensure act 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. 1991, ch. 114, § 10; L. 1996, ch. 153, § 25; L. 1999, ch. 117, § 23; July 1, 2000.
65-6411. Fees.
(a) The board shall fix by rules and regulations and shall collect the following fees:
(1) For application for licensure, not to exceed $150;
(2) for original licensure, not to exceed $175;
(3) for examination, not to exceed $275;
(4) for renewal of a license, not to exceed $175;
(5) for application for licensure as a clinical marriage and family therapist, not to exceed $175;
(6) for renewal for licensure as a clinical marriage and family therapist, not to exceed $175;
(7) for reinstatement of a license, not to exceed $175;
(8) for replacement of a license, not to exceed $20; and
(9) for late charges, not to exceed $5 for each 30 days of delay beyond the date the renewal application was to be made.
(b) Fees paid to the board are not refundable.
65-6412. Administrative proceedings; judicial review.
Proceedings under the marriage and family therapists licensure act shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the marriage and family therapists licensure act shall be in accordance with the act for judicial review and civil enforcement of agency actions.
History: L. 1991, ch. 114, § 12; L. 1996, ch. 153, § 28; Jan. 1, 1997.
65-6413. Disclosure.
A licensee under the marriage and family therapists licensure act, 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, § 21; July 1, 2000.
Amended July 2007
Licensing of Marriage and Family Therapists
K.A.R. 102-5
Regulations
102-5-1. Definitions.
(a) "Academic equivalent of a semester credit hour,'' as used in K.A.R. 102-5-3, means the prorated proportionate credit for formal academic coursework when that coursework is completed on the basis of trimester or quarter hours rather than semester hours.
(b) "Client'' means a person who is a direct recipient of marriage and family therapy services.
(c) "Clinical marriage and family therapy practice'' means the professional application of marriage and family therapy theory and methods to the treatment and prevention of psychosocial dysfunction, disability, or impairment, including behavioral, emotional, and mental disorders. Clinical marriage and family therapy shall include the following:
(1) Assessment;
(2) diagnosis of mental disorders;
(3) planning of treatment, which may include psychotherapy and counseling;
(4) treatment intervention directed to interpersonal interactions, intrapsychic dynamics, and life management issues;
(5) consultation; and
(6) evaluation, referral, and collaboration.
(d) "Clinical supervision training plan'' means a formal, written agreement that establishes the supervisory framework for postgraduate clinical experience and describes the expectations and responsibilities of the supervisor and the supervisee.
(e) "Consultation'' means a voluntary, professional relationship in which the consultant offers the consultant's best advice and expertise that the consultee can either accept or reject and in which the supervision objectives and requirements, as established in K.A.R. 102-5-7a, are lacking. Marriage and family therapy consultation shall not be substituted for supervision.
(f) "Continuing education'' means programs or activities that are designed and that have content intended to enhance the therapist's knowledge, skill, values, ethics, and ability to practice as a marriage and family therapist or as a clinical marriage and family therapist.
(g) "Direct client contact'' means face-to-face interaction between the therapist and an individual, couple, or family system.
(h) "Dual relationship'' means a professional relationship in which the objectivity or competency of the licensee is impaired or compromised because of any of the following present or previous relationships with a client or supervisee:
(1) Familial;
(2) sexual;
(3) emotional; or
(4) financial.
(i) "Extenuating circumstances'' means conditions caused by any unexpected event that is beyond an individual's control.
(j) "Group format,'' for the purposes of clinical practicum supervision, means face-to-face, simultaneous supervision with not more than six supervisees.
(k) "Individual format,'' for the purposes of clinical practicum supervision, means face-to-face supervision with one supervisor and one supervisee.
(l) "Job orientation'' or ``on-the-job training'' means a training program or presentation of information that is so specific to a particular job or employment position that it bears no generalization to any other work setting.
(m) "Malfeasance'' means doing an act that a licensee should not do.
(n) "Marriage and family therapy supervision'' means a formal professional relationship between the supervisor and supervisee that promotes the development of responsibility, skill, knowledge, attitudes, and ethical standards in the practice of marriage and family therapy.
(o) "Merits the public trust'' means that an applicant or licensee possesses the high standard of good moral character and fitness that is required to practice marriage and family therapy as demonstrated by the following personal qualities:
(1) Good judgement;
(2) integrity;
(3) honesty;
(4) fairness;
(5) credibility;
(6) reliability;
(7) respect for others;
(8) respect for the laws of the state and nation;
(9) self-discipline;
(10) self-evaluation;
(11) initiative; and
(12) commitment to the marriage and family therapy profession and its values and ethics.
(p) "Misfeasance'' means the improper performance of a lawful act by a licensee.
(q) "Nonfeasance'' means the omission of an act that a licensee should do.
(r) "One year of professional experience'' means a total of 2,000 clock hours of postgraduate supervised experience in marriage and family therapy.
(s) "Practice setting'' means the public or private marriage and family therapy service agency or delivery system within which marriage and family therapy is practiced or marriage and family therapy services are delivered.
(t) "Practicum or its equivalent'' means a formal component of the academic curriculum in the marriage and family therapy or a related field educational program that includes the following components:
(1) Engages the student in supervised marriage and family therapy practice; and
(2) provides the student with opportunities to apply classroom learning to actual marriage and family therapy practice situations in the field setting.
(u) "Prior-approved continuing education'' means any of the following forms of continuing education:
(1) Any single-program material that has been submitted by a provider to the board, approved by the board, and assigned a prior-approved continuing education number;
(2) any program offered by a provider with approved-provider status; or
(3) academic marriage and family therapy courses that are either audited or taken for credit.
(v) "Related field'' means a degree program in the helping professions and may include any of the following:
(1) Social work;
(2) psychology;
(3) counseling;
(4) healing arts;
(5) nursing;
(6) education;
(7) human development and family studies; or
(8) theology.
(w) "Semester credit hour,'' as used in K.A.R. 102-5-3, means a minimum of 13 clock hours of formal, didactic classroom instruction that occurred over the course of an academic semester and for which the applicant received formal graduate academic credit.
(x) "Termination of a marriage and family therapy relationship'' means the end of the professional relationship that results from any of the following actions or situations:
(1) The mutual consent of the therapist and client;
(2) the completion of therapy;
(3) dismissal of the therapist by the client;
(4) dismissal of the client by the therapist; or
(5) the transfer of the client to another professional for active treatment or therapy with the belief that treatment will continue.
(y) "Under the direction'' means the formal relationship between the individual providing direction and the licensed marriage and family therapist in which both of the following conditions are met:
(1) The directing individual provides the licensee, commensurate with the welfare of the client and the education, training, and experience of the licensee, with the following:
(A) Professional monitoring and oversight of the marriage and family therapy services provided by the licensee;
(B) regular and periodic evaluation of treatment provided to clients by the licensee; and
(C) verification that direction was provided to the licensee.
(2) The licensee receiving direction provides the board, with each license renewal, with the following:
(A) The name, identifying information, and type of license of the directing individual;
(B) a description of the work setting and the marriage and family therapy services conducted under direction; and
(C) documentation that direction was given, including dates, location, and length of time as verified by the directing individual.
(z) "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 therapist's or a third party's financial gain, personal gratification, or advantage.
(Authorized by and implementing K.S.A. 1999 Supp. 74-7507; effective March 29, 1993; amended Dec. 19, 1997;
amended Aug. 4, 2000.)
102-5-2. Fees.
(a) Each applicant or licensee shall pay the appropriate fee or fees as set forth below:
(1) Application for a marriage and family therapist license, $100;
(2) application for a clinical marriage and family therapist license, $100;
(3) original marriage and family therapist license, $150;
(4) original clinical marriage and family therapist license, $150;
(5) renewal of a marriage and family therapist license, $150;
(6) renewal of a clinical marriage and family therapist license, $175;
(7) replacement of a marriage and family therapist or clinical marriage and family therapist wall certificate, $20;
(8) reinstatement of a marriage and family therapist license, $150;
(9) reinstatement of a clinical marriage and family therapist license. $175; or
(10) temporary marriage and family therapist license, $150.
(b) Each applicant for reinstatement of a marriage and family therapist or clinical marriage and family therapist license after its date of expiration shall pay the reinstatement fee in addition to a late fee of $5 for each full 30-day period of delay beyond the expiration date and for each portion of such a 30-day period. The maximum late fee shall be $150 for each applicant for reinstatement of a marriage and family therapist license and $175 for each applicant for reinstatement of a clinical marriage and family therapist license.
(c) Fees paid to the board shall not be refundable. This regulation shall be effective on and after July 1, 2005.
(Authorized by and implementing K.S.A. 65-6405, K.S.A. 65- 6411; effective March 29, 1993; amended Aug. 23, 1993; amended Aug. 4, 1995; amended Oct. 24, 1997; amended Aug. 4, 2000; amended July 1, 2005.)
102-5-3. Education requirements.
(a) Definitions. For purposes of this regulation, the following terms shall be defined as follows:
(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 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) Each applicant for licensure shall meet both of the following education requirements:
(1) Each applicant shall have been awarded a master's or doctoral degree that meets the standards in subsection (c), (e), or (f).
(2) The applicant shall have completed no less than 50% of the coursework for the degree “in residence” at one institution, and the required practicum shall be completed at the same institution.
(c) To qualify for licensure with a master's or doctoral degree from a marriage and family therapy program, both of the following requirements shall be met:
(1) The college or university at which the applicant completed a master's or doctoral degree in marriage and family therapy shall be regionally accredited, with accreditation standards equivalent to those in Kansas.
(2) The marriage and family therapy program through which the applicant completed a master's or doctoral degree either shall be accredited by the commission on accreditation for marriage and family therapy education or shall meet the standards set out in subsection (d).
(d) Each marriage and family therapy program that is not accredited by the commission on accreditation for marriage and family therapy education shall meet all of these conditions:
(1) The program requires satisfactory completion by the applicant of a marriage and family therapy practicum, or its equivalent, that is provided by the program and that fulfills these conditions:
(A) Is a part-time clinical experience that integrates didactic learning with clinical experience and that is completed concurrently with didactic coursework at a typical rate of five to 10 hours of direct client contact per week;
(B) consists of at least 500 total hours of client contact; and
(C) includes at least 100 total hours of supervision that is provided by the program's core faculty and off-site supervisors. The practicum shall provide a minimum of 50 supervised hours in an individual format and no more than 50 supervised hours in a group format. Supervision shall occur at least once a week.
(2) The program requires that each marriage and family therapy student successfully complete a minimum of nine graduate semester credit hours, or the academic equivalent, in each of the following substantive content areas:
(A) Human development and family study courses in which the interplay between interpersonal and intrapersonal development is stressed and issues of gender, ethnicity, and ecosystems are addressed as they relate to human development. These courses may include studies in sexuality, sexual functioning, sexual identity, sexism, stereotyping, and racism;
(B) theoretical foundations of marital and family functioning courses, including an overview of the historical development of systems theory and cybernetics, a study of the life cycle of the family, and a study of family processes and the modification of family structures over time. These courses may include studies in the birth of the first child, adolescent sexual development, death of a family member, and issues of context, including gender and ethnicity; and
(C) marital and family assessment and therapy courses that underscore the interdependence between diagnosis or assessment and treatment by insuring that students can use appropriate assessment instruments and methods within a systemic context. These courses shall provide a thorough understanding of the major theoretical models of systemic change, including structural, strategic, intergenerational, contextual, experiential, systemic, and behavioral theories. These courses also shall teach the principles and techniques evolving from each theory. In addition, the courses shall identify the indications and contraindications for use of each theory or technique, and shall address the rationale for intervention, the role of the therapist, and the importance of considering gender and ethnicity in selecting and using assessment and treatment methods.
(3) The program requires that each marriage and family therapy student successfully complete a minimum of three graduate semester credit hours, or the academic equivalent, in each of the following substantive content areas:
(A) A professional study course that contributes to the development of a professional attitude and identity by examining the role of professional socialization, professional organizations, licensure and certification, the code of ethics, the legal responsibilities and liabilities of clinical practice and research, and interprofessional cooperation, as these topics relate to the profession and practice of marriage and family therapy. A generic course in ethics shall not be considered appropriate for this area of study; and
(B) a research course in which students gain an understanding of research methodology, data analysis, computer research skills, and evaluation and critical examination of professional research reports. The emphasis of the course shall be placed on the quantitative and qualitative research that is relevant to marriage and family therapy.
(e) To qualify for licensure with a master's or doctoral degree in a related field, both of the following requirements shall be met:
(1) The college or university at which the applicant completed a master's or doctoral degree in a related field shall be regionally accredited, with accreditation standards equivalent to those in Kansas.
(2) To be considered equivalent to a marriage and family therapy program, the related-field degree program shall have provided and the applicant shall have completed the requirements of subsection (d).
(f) To qualify for licensure with a master's or doctoral degree in a related field with additional coursework in marriage and family therapy, both of the following requirements shall be met:
(1) The college or university at which the applicant completed a master's or doctoral degree in a related field shall be regionally accredited, with accreditation standards equivalent to those in Kansas.
(2) The marriage and family therapy program through which the applicant obtained additional coursework in marriage and family therapy either shall be accredited by the commission on accreditation for marriage and family therapy education or shall meet the standards approved by the board as set out in subsection (d).
(g) Each applicant for licensure as a clinical marriage and family therapist whose master's or doctoral degree is earned on or after July 1, 2003 shall meet the following education requirements:
(1) A graduate degree as required by the board for licensure as a licensed marriage and family therapist in accordance with subsection (c), (e), or (f); and
(2) in addition to or as a part of the academic requirements for the graduate degree, completion of 15 graduate semester credit hours, or the academic equivalent, supporting diagnosis and treatment of mental disorders using the “diagnostic and statistical manual of mental disorders” as specified in K.A.R. 102-5-14. Three of the 15 semester credit hours, or the academic equivalent, shall consist of a discrete academic course with the primary and explicit focus of psychopathology and the diagnosis and treatment of mental disorders as classified in the “diagnostic and statistical manual of mental disorders.” The remaining 12 graduate semester credit hours, or their academic equivalent, shall consist of academic courses with the primary and explicit focus of diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches, and professional ethics or other coursework that specifically contains identifiable, equivalent instruction. The 15 graduate semester credit hours shall be from an educational institution and graduate degree program meeting the requirements described in subsection (c), (e), or (f).
(h) The following activities shall not be substituted for or counted toward any of the education or supervised experience requirements set out in subsections (b) through (g):
(1) Academic courses that the applicant completed as a part of or in conjunction with undergraduate degree requirements;
(2) independent studies;
(3) thesis or independent research courses;
(4) academic coursework that has been audited rather than graded;
(5) academic coursework for which the applicant received an incomplete or a failing grade;
(6) graduate or postgraduate coursework or experiential training provided by colleges, universities, institutes, or training programs that do not qualify under subsection (c), (e), or (f); and
(7) continuing education, an in-service activity, or on-the-job training.
(Authorized by K.S.A. 65-6404 and K.S.A. 2005 Supp. 74-7507; implementing K.S.A. 65-6404; effective March 29, 1993; amended Dec. 19, 1997; amended July 7, 2003; amended Oct. 27, 2006.)
102-5-4. Revoked.
(Authorized by K.S.A. 1991 Supp. 74-7507(j) and implementing K.S.A. 1991 Supp. 65-6404; effective March 29, 1993; revoked Dec. 19, 1997.)
102-5-4a. Applications for licensure.
(a) Each applicant for licensure as a marriage and family therapist or a clinical marriage and family therapist shall request the appropriate licensure application forms from the director of the board.
(b) Each applicant for licensure as a marriage and family therapist shall submit the completed application materials to the board and complete the following application procedures:
(1) Submit the full payment of the licensure application fee as provided in K.A.R. 102-5-2;
(2) submit, on board-approved forms, references from three individuals, one of whom shall have provided direct clinical supervision of the applicant's graduate program practicum. If the practicum supervisor is unavailable, the graduate program director or any person who has knowledge of the applicant's practicum experience on the basis of the applicant's practicum records shall submit the reference. Except as specified below in paragraph (b)(2)(B), each individual submitting a reference shall meet all of the following conditions:
(A) Is not related to the applicant;
(B) is authorized by law to practice marriage and family therapy or to practice in a related field. However, this paragraph shall not apply to the individual specified above in paragraph (b)(2) who submits the reference if the practicum supervisor is unavailable; and
(C) can address the applicant's professional conduct, competence, and merit of the public trust;
(3) 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 also shall arrange for the applicant's transcript to be translated and evaluated for degree equivalency by a source and in a manner that are acceptable to the board; and
(4) demonstrate satisfactory completion of graduate educational requirements as specified in K.A.R. 102-5-3.
(c) Each applicant for licensure as a clinical marriage and family therapist shall submit the completed application materials to the board and complete the following application procedures:
(1) Submit the full payment of the licensure application fee as provided in K.A.R. 102-5-2;
(2) if not previously provided to the board, submit, on board-approved forms, references from three individuals, one of whom shall have provided direct clinical supervision of the applicant's graduate program practicum. If the practicum supervisor is unavailable, the graduate program director or any person who has knowledge of the applicant's practicum experience on the basis of the applicant's practicum records shall submit the reference. Except as specified below in paragraph (c)(2)(B), each individual submitting a reference shall meet all of the following conditions:
(A) Is not related to the applicant;
(B) is authorized by law to practice marriage and family therapy or to practice in a related field. However, this paragraph shall not apply to the individual specified above in paragraph (c)(2) who submits the reference if the practicum supervisor is unavailable; and
(C) can address the applicant's professional conduct, competence, and merit of the public trust;
(3) demonstrate that the applicant is licensed by the board as a marriage and family therapist or meets all requirements for licensure as a licensed marriage and family therapist;
(4) if not previously provided to the board, 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 also shall arrange for the applicant's transcript to be translated and evaluated for degree equivalency by a source and in a manner that are acceptable to the board;
(5) demonstrate satisfactory completion of the graduate education requirements specified in K.A.R. 102-5-3; and
(6) submit each supervisor's attestation that the applicant has satisfactorily completed the postgraduate supervised professional experience requirements in accordance with a clinical supervision training plan approved by the board as specified in K.A.R. 102-5-7a.
(d) The following provisions shall apply to each applicant for licensure as a marriage and family therapist and to each applicant for licensure as a clinical marriage and family therapist:
(1) Upon the board's determination that the applicant has met the applicable educational requirements, each applicant shall pass the appropriate, nationally administered, standardized written examination approved by the board in accordance with K.A.R. 102-5-5.
(2) An applicant or prospective applicant shall not be given a judgment on the applicant's eligibility for licensure until the board receives all application materials and the applicant completes all application procedures.
(3) Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall submit the fee required in K.A.R. 102-5-2 for the original, two-year licensure period.
(4)(A) If any of the following conditions applies to the applicant, the applicant's application shall expire one year from the date on which it was submitted to the board or on the date the applicant's temporary license expires, whichever date is later, except as provided by paragraph (d)(4)(B):
(i) The applicant has not met the qualifications.
(ii) The applicant has not submitted a complete application.
(iii) The applicant has not submitted the original license fee.
(B) Any applicant whose application will expire under paragraph (d)(4)(A) may request that the application be kept open for a period of time not to exceed six months on the basis of extenuating circumstances. The applicant shall submit a written request to the board with a detailed explanation of the extenuating circumstances that are the basis of the applicant's request. The written request shall be submitted no later than 30 days before the application expires. If the request is approved by the board, the application shall remain open for the period of time stipulated by the board in its approval, which shall not exceed six months.
(C) Upon expiration of the application, the applicant may submit a new application, the required fee, and all supporting documents, if the applicant wishes to reapply.
(e) Any applicant who is determined by the board to meet the requirements of K.S.A. 65-6405, and amendments thereto, may be granted a temporary license if the applicant submits a written request for a temporary license on a form approved by the board and the temporary license fee as provided in K.A.R. 102-5-2. Except as provided in paragraphs (e)(1) and (e)(2), the temporary license shall remain in effect for 12 months.
(1)(A) Except as provided in paragraph (e)(1)(B), the temporary license shall expire after six months if the applicant has not taken the examination at least one time.
(B) Any applicant who does not take the examination at least one time during the first six months in which the applicant's temporary license is in effect may request that the temporary license remain in effect for the full 12 months on the basis that extenuating circumstances preclude the applicant from taking the examination during the initial six-month period. The applicant shall submit a written request to the board with a detailed explanation of the extenuating circumstances that are the basis of the applicant's request. The written request shall be submitted no later than 30 days before the end of the initial six-month period. If the request is approved by the board, the applicant's temporary license shall remain in effect for the remaining six months.
(2) Any applicant whose 12-month temporary license is due to expire may request that the temporary license remain in effect for a period of time not to exceed six months on the basis of extenuating circumstances. The applicant shall submit a written request to the board with a detailed explanation of the extenuating circumstances that are the basis of the applicant's request. The written request shall be submitted no later than 30 days before the application expires. If the request is approved by the board, the temporary license shall remain in effect for the period of time stipulated by the board in its approval, which shall not exceed six months.
(f) Any person who has been engaged in the practice of marriage and family therapy as a licensed or registered marriage and family therapist in Kansas at any time within the five years before July 1, 2000, may apply for a license as a clinical marriage and family therapist by submitting transition application materials to the board and completing the following application procedures:
(1) Submit the completed transition application form;
(2) submit the full payment of the licensure application fee as provided in K.A.R. 102-5-2;
(3) demonstrate that the applicant held a Kansas license or registration as a marriage and family therapist in good standing at any time during the five years immediately before July 1, 2000; and
(4) demonstrate competence to diagnose and treat mental disorders by documenting completion of at least two of the three following requirements:
(A)(i) Completion of at least nine graduate semester credit hours of coursework, or their academic equivalent, as documented on the transcript, which shall address clinical theory, assessment, and treatment issues, including three semester credit hours, or their academic equivalent, addressing psychopathology; or
(ii) passage of the national marriage and family therapy competency examination as specified by K.A.R. 102-5-5 at the time of taking the examination;
(B) three years of clinical practice, including at least eight hours of client contact per week for at least nine months of each year in a community mental health center or its affiliate, a state mental hospital, or any other setting in which the applicant provided clinical services that included diagnosis or treatment of mental disorders; or
(C) one attestation, on a form provided by the board, from a person licensed by the board to diagnose and treat mental disorders at the independent level or a person licensed to practice medicine and surgery that the applicant has demonstrated competence in the diagnosis or treatment of mental disorders.
(g) For purposes of this regulation, the term “extenuating circumstances” means any condition caused by events beyond a person's control that is sufficiently extreme in nature to result in either of the following:
(1) The person's inability to comply with the requirements of this regulation within the timeframes established by this regulation or K.S.A. 65-6405, and amendments thereto; or
(2) the inadvisability of requiring the applicant to comply with the requirements of this regulation within the timeframes established by this regulation and K.S.A. 65-6405, and amendments thereto.
(Authorized by K.S.A. 2005 Supp. 74-7507; implementing K.S.A. 65-6404, K.S.A. 65-6405, as amended by 2006 SB 470; § 3, and K.S.A. 65-6411; effective Dec. 19, 1997; amended Aug. 4, 2000; amended Aug. 13, 2004; amended, T-102-7-5-06, July 5, 2006; amended Oct. 27, 2006.)
102-5-4b. Application for licensure based on reciprocity.
(a) Each individual who wishes to be licensed as a marriage and family therapist or a clinical marriage and family therapist based on reciprocity, as provided by K.S.A. 65-6406 and amendments thereto, shall submit an application for licensure in accordance with the provisions of this regulation.
(b) Each applicant for licensure as a marriage and family therapist 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. 102-5-2.
(2) The applicant shall forward to the licensing agency for the jurisdiction in which the applicant is currently licensed, certified, or registered as a marriage and family therapist 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 marriage and family therapy issued by the licensing agency;
(B) the date on which the applicant was initially licensed, registered, or certified as a marriage and family therapist by the licensing agency 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. 65-6406 and amendments thereto, the applicant shall ensure that documentation covering the five continuous years of licensure, registration, or certification as a marriage and family therapist 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 for licensure, certification, or registration as a marriage and family therapist in that jurisdiction are substantially equivalent to the standards in Kansas or verification that the applicant has earned a master's degree in marriage and family therapy, 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. 65-6406, and amendments thereto, rather than on the basis that the standards for licensure, registration, or certification are substantially equivalent to the standards for licensure as a marriage and family therapist in Kansas, 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 marriage and family therapy 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 master's degree in marriage and family therapy, 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 master's degree in marriage and family therapy.
(c) In addition to complying with the requirements of subsection (b), each applicant for licensure as a clinical marriage and family therapist shall demonstrate competence to diagnose and treat mental disorders by submitting at least two of the following three forms of documentation:
(1)(A) A transcript sent directly from a regionally accredited university or college documenting satisfactory completion of 15 graduate credit hours supporting diagnosis or treatment of mental disorders using the diagnostic and statistical manual of mental disorders as specified in K.A.R. 102-5-14. Three of the 15 credit hours shall consist of a discrete academic course with the primary and explicit focus of psychopathology and the diagnosis and treatment of mental disorders as classified in the diagnostic and statistical manual of mental disorders. The remaining 12 graduate credit hours shall consist of academic courses with the primary and explicit focus of diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches, and professional ethics, or coursework that specifically contains identifiable, equivalent instruction; or
(B) verification from either the licensing agency or the testing service that the applicant passed a national clinical examination approved by the board, including the applicant's score on the exam and the passing score established for the exam;
(2) one or both of the following types of documentation, which shall cover periods of time totaling at least three years:
(A) An attestation by a supervisor or other designated representative of the applicant's employer that the applicant has at least three years of clinical practice, including at least eight hours of client contact per week during nine months or more of each year, in a community mental health center or its affiliate, a state mental hospital, or another employment setting in which the applicant engaged in clinical practice that included diagnosis or treatment of mental disorders; or
(B) an attestation by the applicant that the applicant engaged in a minimum of three years of independent clinical practice that included diagnosis or treatment of mental disorders, as well as supporting documentation in the form of a published job description, a description of the applicant's practice in a public information brochure, a description of services in an informed consent document, or other similar published statements demonstrating that the applicant has engaged in independent clinical practice for a minimum of three years; or
(3) an attestation that the applicant has demonstrated competence in diagnosis or treatment of mental disorders and that is signed by a professional licensed to practice medicine and surgery, or by a professional licensed psychologist, a licensed specialist clinical social worker, or another professional licensed to diagnose and treat mental disorders in independent practice.
(Authorized by K.S.A. 65-6406, as amended by 2003 HB 2234, Sec. 4, K.S.A. 74-7507; implementing K.S.A. 65-6406, as amended by 2003 HB 2234, Sec. 4, K.S.A. 65-6408 and 65-6411; effective, T-102-7-1-03, July 1, 2003; effective Oct. 31, 2003.)
102-5-5. Examination for marriage and family therapist or clinical marriage and family therapist.
(a) Each applicant for licensure with examination shall take a nationally administered, standardized written examination approved by the board.
(b)(1) Any applicant may submit an application for licensure as provided by K.A.R. 102-5-4a only if the applicant has completed the applicable academic degree requirements or is expected to complete those requirements within four months of the date on which the application is submitted. Each applicant who has not completed the applicable academic degree requirements on the date that the application is submitted shall arrange for the required transcripts to be sent to the board at the time the academic degree is awarded to the applicant.
(2) If the board determines that the applicant has met the applicable academic degree requirements or is likely to meet those requirements within four months of the date on which the application was submitted, the applicant shall be notified by the board that the applicant is eligible to register for the written examination with the examination service that administers the examination.
(c) The written examination may be waived by the board if the applicant successfully passed, at a level equal to or greater than the criterion-referenced cutoff score, a standardized written examination that the board deems to be substantially equivalent to the examination approved by the board.
(d) For an applicant to be licensed as a marriage and family therapist, the minimum passing score shall be a score of 12 items below the criterion-referenced pass point statistically established by the examination service, based on a 200-item examination.
(e) For an applicant to be licensed as a clinical marriage and family therapist, the minimum passing score shall be the criterion-referenced pass point statistically established by the examination service. (Authorized by K.S.A. 2004 Supp. 74-7507; implementing K.S.A. 65-6404; effective March 29, 1993; amended Dec. 19, 1997; amended Aug. 4, 2000; amended March 10, 2006.)
102-5-6. Revoked.
(Authorized by K.S.A. 1991 Supp. 74-7507(j); implementing K.S.A. 1991 Supp. 65-6406; effective March 29, 1993;
revoked Dec. 19, 1997.)
102-5-6a. Licensure without examination.
(a) On or after January 1, 1997 and before July 1, 1998, an applicant may qualify for licensure as a marriage and family therapist without examination by submitting an application, license application fee, and all supporting documents that demonstrate that, at the time of application, the applicant meets the educational and experience requirements of either paragraph (1) or paragraph (2).
(1) To qualify for licensure without examination under this paragraph, an applicant shall fulfill these requirements:
(A) have completed the education requirements provided in subsection (a), subsection (b), or subsection (c) of K.A.R. 102-5-3;
(B) have satisfied the professional supervised experience requirements provided in K.A.R. 102-5-7a;
(C) have practiced postgraduate marriage and family therapy continuously for five years immediately before application, as demonstrated by the applicant's attestation that the applicant averaged eight client contact hours per week for at least nine months out of each of the five years immediately before application; and
(D) be given proportionate credit under this subsection toward the requirement of five years of continuous practice of marriage and family therapy, when the applicant successfully completes any portion of the postgraduate supervised experience that occurred within the five years immediately before application.
(2) To qualify for licensure without examination under this paragraph, an applicant shall meet these conditions:
(A) have completed a graduate degree in a related field as defined in K.A.R. 102-5-1(o);
(B) have practiced postgraduate marriage and family therapy continuously for five years immediately before application for licensure. The applicant shall demonstrate the five years of continuous practice by submitting the following:
(i) an attestation that the applicant averaged eight client contact hours per week for at least nine months out of each of the five years immediately before application;
(ii) attestations on board-approved forms from at least two persons who are not related to the applicant, who are lawfully engaged in the practice of marriage and family therapy or a related field, and who can verify that the applicant is recognized as a professional who has been engaged in the practice of marriage and family therapy; and
(iii) supporting documentation, such as an official job description, a published description of the applicant's professional services as offered to clients, membership in marriage and family therapy professional associations, or participation in marriage and family therapy continuing education activities.
(b) In addition, each applicant for licensure without examination shall submit on board-approved forms, three professional references that attest to the applicant's competency to practice marriage and family therapy. Such references shall be from individuals who are not related to the applicant and who are lawfully authorized to practice marriage and family therapy or to practice in a related field.
(c) Each applicant for licensure without examination shall arrange for the applicant's transcripts covering all applicable graduate college or university course work 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 also arrange to have the applicant's transcript translated and evaluated for degree equivalency by a source and in a manner that is acceptable to the board.
(d) When the applicant receives the board's notice that the applicant has satisfied all eligibility requirements for licensure without examination, the applicant shall submit the fee for the original two-year licensure period.
(e) An applicant or a prospective applicant shall not receive a judgment on the applicant's eligibility for licensure until the board receives all application materials and the applicant completes all application procedures.
(f) This regulation shall have no force or effect on or after July 1, 1998.
(Authorized by K.S.A. 1996 Supp. 74-7507(j); implementing K.S.A. 1996 Supp. 65-6305, 65-6308, and 65-6411; effective Dec. 19, 1997.)
102-5-7. Revoked.
(Authorized by K.S.A. 1991 Supp. 74-7507(j); implementing K.S.A. 1991 Supp. 65-6404; effective March 29, 1993;
revoked April 17, 1998.)
102-5-7a. Professional postgraduate supervised experience requirement for a clinical marriage
and family therapist.
In order to be approved by the board for licensure as a clinical marriage and family therapist, the applicant's postgraduate supervised professional experience of marriage and family therapy, totaling 4,000 hours of professional experience inclusive of 1,500 hours of direct client contact, shall meet all of the following standards:
(a) Except as provided in subsection (b), clinical supervision shall be provided throughout the entirety of the postgraduate supervised professional experience, as specified below:
(1) At least 50 hours of one-on-one, individual clinical supervision occurring with the supervisor and supervisee in the same physical space;
(2) at least 100 hours of clinical supervision with one supervisor and no more than six supervisees in the same physical space, except when not practical due to an emergency or other exigent circumstances, at which time person-to-person contact by interactive video or other telephonic means maintaining confidentiality shall be allowed;
(3) at least one hour of clinical supervision during each week in which the applicant has 15 or more hours of direct client contact; and
(4) at least two separate clinical supervision sessions per month, at least one of which shall be one-on-one, individual supervision.
(b) Each applicant with a doctor's degree in marriage and family therapy or a related field as defined in K.A.R. 102-5-1 shall complete a minimum of one-half of the postgraduate supervised professional experience requirements as specified below:
(1) At least 25 hours of one-on-one, individual supervision occurring with the supervisor and supervisee in the same physical space;
(2) at least 50 hours of supervision with one supervisor and no more than six supervisees in the same physical space, except when not practical due to an emergency or other exigent circumstances, at which time person-to-person contact by interactive video or other telephonic means maintaining confidentiality shall be allowed; and
(3) at least two separate supervisory sessions per month, at least one of which shall be one-on-one, individual supervision.
(c) The clinical supervisor of a person attaining the 4,000 hours of postgraduate supervised professional experience required for licensure as a clinical marriage and family therapist, at the time of providing supervision, shall meet one of the following qualifying provisions:
(1) The clinical supervisor shall be a clinical marriage and family therapist who is licensed in Kansas or is registered, certified, or licensed in another jurisdiction and, beginning July 1, 2003, who has engaged in the independent practice of clinical marriage and family therapy, including the diagnosis and treatment of mental disorders, for at least two years beyond the supervisor's registration, certification, or licensure date as a clinical marriage and family therapist.
(2) If a licensed clinical marriage and family therapist is not available, the clinical supervisor may be a person who is registered, certified, or licensed at the graduate level to practice in one of the behavioral sciences, and whose authorized scope of practice permits the diagnosis and treatment of mental disorders. The qualifying individual shall not have had less than two years of professional experience in the independent practice of clinical marriage and family therapy beyond the date of the supervisor's registration, certification, or licensure.
(d) In addition to the requirements of subsection (c), each clinical supervisor shall meet these requirements:
(1) Have professional authority over and responsibility for the supervisee's clinical functioning in the practice of marriage and family therapy;
(2) not have a dual relationship with the supervisee;
(3) not be under any sanction from a disciplinary proceeding, unless the board waives this prohibition for good cause shown by the proposed supervisor;
(4) have knowledge of and experience with the supervisee's client population;
(5) have knowledge of and experience with the methods of practice that the supervisee employs;
(6) have an understanding of the organization and the administrative policies and procedures of the supervisee's practice setting; and
(7) be a member of the practice setting staff or meet the requirements of subsection (e).
(e) If a qualified clinical supervisor is not available from among staff in the supervisee's practice setting, the supervisee may secure an otherwise qualified clinical supervisor outside the practice setting if all of the following conditions are met:
(1) The supervisor has a solid understanding of the practice setting's mission, policies, and procedures.
(2) The extent of the supervisor's responsibility for the supervisee is clearly defined in terms of client cases to be supervised, role in personnel evaluation within the practice setting, and other aspects of the clinical supervision training plan.
(3) The responsibility for payment for supervision is clearly defined.
(4) If the supervisee pays the supervisor directly for the supervision, the supervisor maintains responsibility to the client and to the practice setting.
(f) Each clinical supervisor shall perform the following duties:
(1) Provide oversight, guidance, and direction of the supervisee's clinical practice of marriage and family therapy by assessing and evaluating the supervisee's performance;
(2) conduct supervision as a process distinct from personal therapy, didactic instruction, or marriage and family therapy consultation;
(3) provide documentation of supervisory qualifications to the supervisee;
(4) periodically evaluate the supervisee's clinical functioning;
(5) provide supervision in accordance with the clinical supervision training plan;
(6) maintain documentation of supervision in accordance with the clinical supervision training plan;
(7) provide the documentation required by the board when a supervisee completes the postgraduate supervised professional experience. The supervisor shall submit this documentation on board-approved forms and in a manner that will enable the board to evaluate the extent and quality of the supervisee's professional experience and assign credit for that experience;
(8) provide a level of supervision that is commensurate with the education, training, experience, and ability of both the supervisor and the supervisee; and
(9) ensure that each client knows that the supervisee is practicing marriage and family therapy under supervision.
(g) Each supervisor and supervisee shall develop and co-sign a written clinical supervision training plan on forms provided by the board at the beginning of the supervisory relationship. The supervisee shall submit this plan to the board and shall receive board approval of the plan before any supervised professional experience hours can begin to accrue. This plan shall clearly define and delineate the following items:
(1) The supervisory context;
(2) a summary of the anticipated types of clients and the services to be provided;
(3) the format and schedule of supervision;
(4) a plan for documenting the following information:
(A) The date of each supervisory meeting;
(B) the length of each supervisory meeting;
(C) a designation of each supervisory meeting as an individual or group meeting;
(D) a designation of each supervisory meeting as conducted in the same physical space or otherwise, in the case of emergency; and
(E) an evaluation of the supervisee's progress under clinical supervision;
(5) a plan to notify clients of the following information:
(A) The fact that the supervisee is practicing marriage and family therapy under supervision;
(B) the limits of client confidentiality within the supervisory process; and
(C) the name, address, and telephone number of the clinical supervisor;
(6) the date on which the parties entered into the clinical supervision training plan and the time frame that the plan is intended to encompass;
(7) an agreement to amend or renegotiate the terms of the clinical supervision training plan, if warranted, including written notification of these changes to the board office, as provided in subsection (h);
(8) the supervisee's informed consent for the supervisor to discuss supervision or performance issues with the supervisee's clients, the supervisee's other marriage and family therapy or employment supervisors, the board, or any other individual or entity to which either the supervisee or the supervisor is professionally accountable; and
(9) a statement signed by each supervisor and supervisee acknowledging that each person has read and agrees to the postgraduate supervised professional experience requirements set forth in this regulation.
(h) All changes to the clinical supervision training plan shall be submitted by the supervisee to the board for its approval. The changes shall be submitted no more than 45 days after the date on which the changes took effect. If the supervisee fails to submit the changes to the board within that 45-day period, no supervised hours of practice shall be accrued or credited for any practice, beginning on the date the changes took effect through the date on which the changes to the plan are approved by the board.
(Authorized by K.S.A. 74-7507; implementing K.S.A. 65-6404; effective April 17, 1998; amended Oct. 22, 1999; amended Aug. 4, 2000; amended July 7, 2003; amended Aug. 13, 2004.)
102-5-8. Return of license.
(a) If the board has revoked, suspended, or accepted a voluntary surrender of an individual's license, the individual shall return the license certificate and the wallet-size card to the board's executive director within 10 days after the board's action.
(b) If an individual's license has expired, the individual shall return the license certificate to the board's executive director within 30 days after the license expired.
(Authorized by K.S.A. 1996 Supp. 74-7507(j); implementing K.S.A. 1996 Supp. 65-6407; effective March 29, 1993;
amended Dec. 19, 1997.)
102-5-9. Renewal and reinstatement.
(a) To be considered for license renewal, each licensed marriage and family therapist and licensed clinical marriage and family therapist shall submit the following items to the board:
(1) A completed renewal application;
(2) the continuing education reporting form; and
(3) the renewal fee as prescribed in K.A.R. 102-5-2.
(b) If the application for renewal, the continuing education reporting form, and payment of the required fee are not submitted before the date the license expires, the licensee may reinstate the license by paying the required renewal fee, plus the late charge prescribed in K.A.R. 102-5-2, and submitting proof satisfactory to the board that the licensee has complied with the continuing education requirements.
(c) Each individual who holds a marriage and family therapy license or a clinical marriage and family therapy license but who fails to renew the license before its expiration, and who thereafter applies to renew the license, shall indicate on the reinstatement application form whether or not the individual has continued to practice marriage and family therapy in Kansas, or has continued to represent that individual as being a marriage and family therapist in Kansas after the individual's license expired and, if so, under what circumstances.
(d) If the license of any individual has been suspended and the individual thereafter makes an application for license renewal or reinstatement, the individual shall submit the following items:
(1) The completed renewal or reinstatement application form;
(2) the required renewal fee and, if applicable, the late charge set forth in K.A.R. 102-5-2;
(3) proof satisfactory to the board that the individual has complied with the continuing education requirements;
(4) proof satisfactory to the board that the individual has complied with the terms of the suspension; and
(5) any materials, information, evaluation or examination reports, or other documentation that the board may request and that will enable the board to satisfactorily evaluate and determine whether or not the license should be renewed or reinstated. Factors to be considered by the board in determining whether or not the license should be renewed or reinstated shall include the following:
(A) The extent to which the individual presently merits the public trust;
(B) the extent to which the individual demonstrates consciousness of the wrongful conduct that resulted in the license suspension;
(C) the extent of the individual's remediation and rehabilitation in regard to the wrongful conduct that resulted in the license suspension;
(D) the nature and seriousness of the original misconduct;
(E) the individual's conduct after the license suspension;
(F) the time elapsed since the license suspension; and
(G) the individual's present competence in marriage and family therapy knowledge and skills.
(e) If the license of any individual has been revoked and the individual thereafter makes an application for license reinstatement, the individual shall submit the following items:
(1) The completed reinstatement application form;
(2) the required renewal fee and the late charge set forth in K.A.R. 102-5-2;
(3) proof satisfactory to the board that the individual has complied with the continuing education requirements; and
(4) materials, information, evaluation or examination reports, or other documentation that will enable the board to satisfactorily evaluate and determine whether or not to reinstate the license. Factors to be considered by the board in determining whether or not to reinstate the license shall include the following:
(A) The extent to which the individual presently merits the public trust;
(B) the extent to which the individual has demonstrated consciousness of the wrongful conduct that resulted in the license revocation;
(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 marriage and family therapy knowledge and skills. (Authorized by K.S.A. 74-7507; implementing K.S.A. 65-6407 and 65-6411; effective March 29, 1993; amended Dec. 19, 1997; amended July 11, 2003.)
102-5-10. Continuing education for licensees.
(a) Each licensee shall complete 40 hours of documented and approved continuing education during each two-year renewal period. Continuing education hours accumulated in excess of the required number of hours shall not be carried over to the next renewal period.
(b) During each two-year renewal period as a part of the required continuing education hours, each licensee shall complete a program on professional ethics that consists of at least three hours of formal training. This program shall meet the definition of marriage and family therapy continuing education in K.A.R. 102-5-1, and the program shall focus on ethical issues of the marriage and family therapy profession. These hours shall be obtained from any of the activities specified in paragraphs (d)(1), (d)(2), (d)(3), (d)(4), (d)(9), and (d)(10).
(c) Any licensee may receive continuing education credit for attending approved programs. Continuing education credit shall be granted on the basis of the actual contact time that the licensee spends attending each instructional activity. One-quarter continuing education hour may be granted for attending at least 15 but fewer than 30 minutes. Continuing education credit shall not be granted for fractional units of fewer than 15 minutes.
(d) Acceptable continuing education, whether taken within the state or outside the state, shall include the following:
(1) An academic marriage and family therapy course, or an academic course oriented to the enhancement of a marriage and family therapist's practice, values, ethics, skills, or knowledge, that is taken for academic credit. Each licensee shall be granted 15 continuing education hours for each academic credit hour that the licensee successfully completes. The maximum number of allowable continuing education hours shall be 40;
(2) an academic marriage and family therapy course, or an academic course oriented to the enhancement of a marriage and family therapist's practice, values, ethics, skills, or knowledge, that is audited. The licensee may receive continuing education credit on the basis of the actual contact time that the licensee spends attending the course, up to a maximum of 15 hours per academic credit hour. The maximum number of allowable continuing education hours shall be 40;
(3) a seminar, institute, workshop, course, or minicourse. The maximum number of allowable continuing education hours shall be 40;
(4) if a posttest is provided, an activity consisting of completing of a computerized interactive learning module, viewing a telecast or videotape, listening to an audiotape, or reading. The maximum number of allowable continuing education hours shall be 40;
(5) if a posttest is not provided, an activity consisting of completing a computerized interactive learning module, viewing a telecast or videotape, listening to an audiotape, or reading. The maximum number of allowable continuing education hours shall be 10;
(6) a cross-disciplinary offering in medicine, law, the behavioral sciences, a foreign or sign language, computer science, professional or technical writing, business administration, management sciences, or any other discipline, if the offering is clearly related to the enhancement of a marriage and family therapist's practice, values, ethics, skills, or knowledge. The maximum number of allowable continuing education hours shall be 10;
(7) a self-directed learning project that is preapproved by the board. The maximum number of allowable continuing education hours shall be 10;
(8) providing supervision to undergraduate or graduate practicum or intern students, applicants for licensure as clinical marriage and family therapists, or other mental health practitioners. The maximum number of allowable continuing education hours shall be 15;
(9) preparing for and presenting for the first time a marriage and family therapy course, seminar, institute, workshop, or mini-course. The maximum number of allowable continuing education hours shall be 10 for documented preparation and presentation time;
(10) the first-time publication of a marriage and family therapy article in a juried professional journal. The maximum number of allowable continuing education hours shall be 10; and
(11) participation in professional organizations or appointment to professional credentialing boards, if the goals of the organizations or boards are clearly related to the enhancement of marriage and family therapy practice, values, ethics, skills, and knowledge. Participation may include holding office or serving on committees of the organization or board. The maximum number of allowable continuing education hours shall be 10.
(e) Approval shall not be granted for identical programs if the programs are completed within the same renewal period.
(f) Approval shall not be granted for any of the following activities:
(1) First aid, CPR, infection control, or occupational health and safety courses;
(2) in-service training, if the training is for job orientation or job training, or is specific to the employing agency; or
(3) any activity for which the licensee cannot demonstrate to the board's satisfaction that the program's goals and objectives are to enhance the licensee's practice, ethics, values, skills, or knowledge in marriage and family therapy.
(g) Each licensee shall maintain individual continuing education records. Continuing education records shall document the licensee's continuing education activity attendance, participation, or completion as specified in K.A.R. 102-5-11. Any licensee may be required to submit these records to the board at least 30 days before the date the individual's license expires.
(Authorized by and implementing K.S.A. 65-6407 and 74-7507; effective March 29, 1993; amended Dec. 19, 1997; amended July 11, 2003.)
102-5-11. Documentation for continuing education.
Any of the following original, signed forms of documentation shall be accepted as proof that a licensee has completed a continuing education activity:
(a) a passing course grade for an academic credit course;
(b) a signed statement, by the instructor, of actual contact hours attended for an audited academic course;
(c) a signed statement from the provider of the institute, symposium, workshop, or seminar that the licensee attended the continuing education program;
(d) a copy of the article or book chapter and verification of publication or written presentation at a professional meeting. The licensee shall submit these materials to the board to evaluate and certify the number of hours of credit to be granted;
(e) a copy of the academic course syllabus and verification that the licensee presented the course;
(f) a copy of a letter from the presentation sponsor or a copy of the brochure announcing the licensee as the presenter, the agenda of the presentation, and verification that the licensee presented the workshop, seminar, or program;
(g) a letter from the board giving approval for retroactive continuing education credit;
(h) written verification from the university practicum or intern instructor or other official training director that the licensee supervised undergraduate or graduate students or from the postgraduate supervisee that the licensee provided supervision;
(i) a copy of the self-directed project. The licensee shall submit this copy to the board to evaluate and certify the number of credit hours that the board will grant; or
(j) the media format, content title, presenter or sponsor, content description, run time, and activity date for each videotape, audiotape, computerized interactive learning module, or telecast that the licensee utilized for continuing education purposes.
(Authorized by and implementing K.S.A. 1996 Supp. 65-6407; effective March 29, 1993; amended Dec. 19, 1997.)
102-5-12. Unprofessional conduct.
(a) Any license may be suspended, limited, conditioned, qualified, restricted, revoked, not issued, or not renewed upon a finding by the board that unprofessional conduct has occurred.
(b) Any of the following acts by either a marriage and family therapy licensee or a marriage and family therapy licensure applicant shall constitute unprofessional conduct:
(1) Obtaining or attempting to obtain licensure or registration for oneself or another by engaging in fraud, bribery, deceit, misrepresentation, or by concealing a material fact;
(2) except when the information has been obtained in the context of confidentiality, failing to notify the board within a reasonable time that the licensee or applicant or any other person regulated by the board or applying for licensure or registration has met any of these conditions:
(A) Has had a professional license, certificate, permit, registration, certification, or professional membership granted by any jurisdiction, professional association, or professional organization that has been limited, conditioned, qualified, restricted, suspended, revoked, refused, or voluntarily surrendered or allowed to expire in lieu of investigatory or disciplinary proceedings;
(B) has been subject to any other disciplinary action by any credentialing board, professional association, or professional organization;
(C) has been demoted, terminated, suspended, reassigned, or asked to resign, or has resigned from employment for some form of misfeasance, malfeasance, or nonfeasance;
(D has been convicted of a crime; or
(E) has practiced the licensee's or registrant's profession in violation of the laws or regulations that regulate the profession;
(3) knowingly allowing another person to use one's license or registration;
(4) impersonating another person holding a license or registration issued by this or any other board;
(5) being convicted of a crime resulting from or relating to one's professional practice of marriage and family therapy;
(6) 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;
(7 knowingly aiding or abetting any individual who is not credentialed by the board to represent that individual as a person who was or is credentialed by the board;
(8) failing to recognize, seek intervention, and otherwise appropriately respond when one's own personal problems, psychosocial 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;
(9) refusing to cooperate in a timely manner with any request for a response, information, or assistance from the board with respect to the board's investigation of any report of an alleged violation filed against oneself or any applicant or any other professional licensed or registered by the board. Any person taking longer than 30 days to provide the requested response, information, or assistance shall have the burden of demonstrating that the person has acted in a timely manner;
(10) offering to perform or performing services clearly inconsistent or incommensurate with training, education, experience, and accepted professional standards;
(11) treating any client, student, or supervisee in a cruel manner;
(12) discriminating against any client, student, or supervisee on the basis of color, race, gender, religion, national origin, or disability;
(13) failing to advise and explain to each client the respective rights, responsibilities, and duties involved in the marriage and family therapy relationship;
(14) failing to provide each client with a description of what the client can expect in the way of services, consultation, reports, fees, billing, therapeutic regimen, or schedule, or failing to reasonably comply with that description;
(15) failing to provide each client with a description of the possible effects of the proposed treatment when the treatment is experimental or when there are clear and known risks to the client;
(16) failing to inform each client, student, or supervisee of any financial interests that might accrue to the licensee or applicant if the licensee or applicant refers a client to any other service or if the licensee or applicant uses any tests, books, or apparatus;
(17) failing to inform each client that the client is entitled to the same services from a public agency if one is employed by that public agency and also offers services privately;
(18) failing to inform each client or supervisee of the limits of client confidentiality, the purposes for which the information is obtained, and the manner in which the information may be used;
(19) revealing information, a confidence, or secret of any client, or failing to protect the confidences, secrets, or information contained in a client's records except when 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 licensee or applicant is a party to a civil, criminal, or disciplinary investigation or action arising from the practice of marriage and family therapy, in which case disclosure is limited to that action; or
(D) the criteria provided by K.S.A. 65-6410, and amendments thereto, are met;
(20) failing to obtain written, informed consent from each client, or the client's legal representative or representatives, before performing any of these actions:
(A) Electronically recording sessions with that client;
(B) permitting a third-party observation of their activities; or
(C) releasing information concerning a client, except as required or permitted by law, to a third person;
(21) failing to protect the confidences, secrets, or information concerning other persons when providing a client with access to that client's records;
(22) failing to exercise due diligence in protecting the information, confidences, and secrets of the client from disclosure by other persons in one's work or practice setting;
(23) engaging in professional activities, including billing practices and advertising, involving dishonesty, fraud, deceit, or misrepresentation;
(24) using alcoholic liquor or using illegally a controlled substance while performing the duties or services of a marriage and family therapist;
(25) making sexual advances toward or engaging in physical intimacies or sexual activities with one's client, student, or supervisee;
(26) making sexual advances toward, engaging in physical intimacies or sexual activities with, or exercising undue influence over any person who, within the past 24 months, has been one's client;
(27) exercising undue influence over any client, student, or supervisee, including promoting sales of services or goods, in a manner that will exploit the client, student, or supervisee for the financial gain, personal gratification, or advantage of oneself or a third party;
(28) directly or indirectly offering, giving, soliciting, receiving, or agreeing to receive any fee or other consideration, to or from a third party, for referring the client or in connection with performing professional services;
(29) permitting any person to share in the fees for professional services, other than a partner, an employee, an associate in a professional firm, or a consultant authorized to practice marriage and family therapy;
(30) soliciting or assuming professional responsibility for clients of another agency or colleague without attempting to coordinate the continued provision of services to the client by that agency or colleague;
(31) making claims of professional superiority that one cannot substantiate;
(32) guaranteeing that satisfaction or a cure will result from performing or providing any professional service;
(33) claiming or using any secret or special method of treatment or techniques that one refuses to disclose to the board;
(34) continuing or ordering tests, procedures, or treatment, or using treatment facilities or services not warranted by the client's condition, best interests, or preferences;
(35) taking credit for work not personally performed, whether by giving inaccurate or misleading information or by failing to disclose accurate or material information;
(36) if engaged in research, failing to perform the following:
(A) Consider carefully the possible consequences for human beings participating in the research;
(B) protect each participant from unwarranted physical and mental harm;
(C) ascertain that each participant's consent is voluntary and informed; and
(D) preserve each participant's privacy and protect anonymity within the terms of informed consent;
(37) making or filing a report that one knows to be false, distorted, erroneous, incomplete, or misleading;
(38) failing to notify the client promptly when one anticipates terminating or interrupting service to the client;
(39) failing to seek continuation of service, or abandoning or neglecting a client under or in need of professional care, without making reasonable arrangements for that care;
(40) abandoning employment under circumstances that seriously impair the delivery of professional care to clients, without providing reasonable notice to the employer;
(41) failing to terminate marriage and family therapy services when it is apparent that the relationship no longer serves the client's needs or best interests;
(42) supervising in a negligent manner anyone over whom one has supervisory responsibility;
(43) when applicable, failing to inform a client that marriage and family therapy services are provided or delivered under supervision;
(44) engaging in a dual relationship with a client, student, or supervisee;
(45) failing to inform the proper authorities as required by K.S.A. 38-1522, and amendments thereto, when one suspects or knows that a client has been involved in injuring or has injured a child either by physical, mental, or emotional abuse or neglect, or by sexual abuse;
(46) failing to inform the proper authorities as required by K.S.A. 39-1431, and amendments thereto, that a resident, as defined by K.S.A. 39-1401(a) and amendments thereto, has been or is being abused, neglected, or exploited, is in a condition that resulted from such abuse, neglect, or exploitation, or needs protective services;
(47) failing to inform the proper authorities as required by K.S.A. 39-1431, and amendments thereto, that an adult, as defined in K.S.A. 39-1430 and amendments thereto, is being or has been abused, neglected, or exploited, or needs protective services;
(48) intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing another person from filing a report or record that is required by state or federal law, or inducing another person to take any of the foregoing actions;
(49) offering to perform or performing any service, procedure, or therapy that, by the accepted standards of marriage and family therapy practice in the community, constitutes experimentation on human subjects without first obtaining the full, informed, and voluntary written consent of the client or the client's legal representative or representatives;
(50) practicing marriage and family therapy in an incompetent manner;
(51) practicing marriage and family therapy after one's license expires;
(52) after a license has expired, using or continuing to use any title or abbreviation prescribed by law to be used by persons who currently hold a type or class of license; or
(53) violating any provision of this act or any regulation adopted under the act.
(Authorized by K.S.A. 65-6408 and 74-7507; implementing K.S.A. 65-6408; effective March 29, 1993; amended Dec. 19, 1997; amended July 11,2003; amended Jan. 9, 2004.)
102-5-13. Licensee consult with physician when determining symptoms of mental disorders.
(a) "Consult,'' as used in K.S.A. 65-6404 and amendments thereto, shall be defined as contact made by the licensee with the appropriate medical professional for the purpose of promoting a collaborative approach to the client's care and informing the medical professional of the client's symptoms. This contact shall not be intended to accomplish confirmation of diagnosis. The timing of any such 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) A consult with a client's physician or psychiatrist may occur through face-to-face contact, telephonic contact, or correspondence 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 contact 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 with the contact arrangement.
(d) A physician consult shall not be required beyond the procedures for medical involvement as established by the qualifying agency if a licensee is practicing in any of the following:
(1) A licensed community mental health center or its affiliate;
(2) an agency of the state that provides mental health, rehabilitative, or correctional services; or
(3) an agency licensed by the state for providing mental health, rehabilitative, or correctional services.
(e) If a licensee is offering services that do not include diagnosis and treatment of a mental disorder, a physician consult shall not be required.
(Authorized by K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 1999 Supp. 65-6404, as amended by L. 1999, Ch.
117, Sec. 20; effective Aug. 4, 2000.)
102-5-14. Designation of referral source for use in the diagnosis and treatment of mental disorders.
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. 65- 5802, 65-5804, and K.S.A. 2004 Supp. 74-7507; implementing K.S.A. 65-5804; effective Aug. 4, 2000; amended April 22, 2005.)
102-5-15. Services rendered to individuals located in this state.
Except as authorized by K.S.A. 65-6409, 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 marriage and family therapy or clinical marriage and family therapy in this state and shall be required to have a license, issued by the board, to practice marriage and family therapy as a licensed marriage and family therapist or a licensed clinical marriage and family therapist, as appropriate:
(a) performs any act included in subsection (b) of K.S.A. 65-6402, and amendments thereto, on or for one or more individuals located in this state; or
(b) represents oneself to be a licensed marriage and family therapist or a licensed clinical marriage and family therapist available to perform any act included in subsection (b) of K.S.A. 65-6402, 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. 65-6403, as amended by L. 1999, Ch. 117, §19; effective May 11, 2001.)
102-5-16. Unprofessional conduct regarding recordkeeping.
(a) The failure of a marriage and family therapist licensee or clinical marriage and family therapist licensee to comply with the recordkeeping requirements established in this regulation shall constitute unprofessional conduct.
(b) Content of marriage and family therapy or clinical marriage and family therapy records. Each licensed marriage and family therapist or clinical marriage and family therapist shall maintain a record for each client or client system that accurately reflects the licensee's contact with the client or client system and the results of the marriage and family therapy or clinical marriage and family therapy services 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. These records 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 client system:
(1) Adequate identifying data;
(2) the date or dates of services that the licensee or the licensee's supervisee provided;
(3) the type or types of services that the licensee or the licensee's supervisee provided;
(4) the initial assessment, conclusions, and recommendations;
(5) a plan for service delivery or case disposition;
(6) the clinical notes from each session; and
(7) sufficient detail to permit planning for continuity that would enable another marriage and family therapist or clinical marriage and family therapist to take over the delivery of services.
(c) Retention of records. If a licensee is the owner or custodian of client or client system records, the licensee shall retain a complete record for the following time periods, unless otherwise provided by law:
(1) At least six years after the date of termination of one or more contacts with an adult; and
(2) for a client 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 date on which the client reaches the age of majority; or
(B) six years after the date of termination of the contact or contacts with the minor.
(Authorized by K.S.A. 65-6408 and 74-7507; implementing K.S.A. 65-6408; effective July 11, 2003.)
Amended October 2006
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