BEHAVIORAL SCIENCES REGULATORY BOARD
Rules, Regulations, and
State Statutes Governing
Master's Level Psychology
& Clinical Psychotherapy
Revised booklet February – 2009
Statutes last amended July – 2007
Regulations last amended February – 2009
Board Statutes last amended July – 2004
Chapter 74.—STATE BOARDS, COMMISSIONS AND AUTHORITIES
MASTERS LEVEL PSYCHOLOGISTS
74-5361. Definitions.
As used in this act:
(a) "Practice of psychology'' shall have the meaning ascribed thereto in K.S.A. 74-5302 and amendments thereto.
(b)"Board'' means the behavioral sciences regulatory board created by K.S.A. 74-7501 and amendments thereto.
(c) "Licensed masters level psychologist'' means a person licensed by the board under the provisions of this act.
(d) "Licensed clinical psychotherapist'' means a person licensed by the board under this act who engages in the independent practice of masters level psychology including the diagnosis and treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations.
(e) "Masters level psychology'' means the practice of psychology pursuant to the restrictions set out in K.S.A. 74-5362 and amendments thereto and includes the diagnosis and treatment of mental disorders as authorized under K.S.A. 74-5361 et seq.
History: L. 1987, ch. 306, § 1; L. 1996, ch. 153, § 31; L. 1997, ch. 142, § 3; L. 1999, ch. 117, § 29; July 1, 2000
74-5362. Practice of licensed masters level psychologist; direction of certain persons; use of title.
(a)Any person who is licensed under the provisions of this act as a licensed masters level psychologist shall have the right to practice psychology only insofar as such practice is part of the duties of such person's paid position and is performed solely on behalf of the employer, so long as such practice is under the direction of a licensed clinical psychotherapist, 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. When a client has symptoms of a mental disorder, a licensed masters level psychologist shall consult with the client's primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client's record. A licensed masters level psychologist may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(b)A licensed masters level psychologist may use the title licensed masters level psychologist and the abbreviation LMLP but may not use the title licensed psychologist or psychologist. A licensed clinical psychotherapist may use the title licensed clinical psychotherapist and the abbreviation LCP but may not use the title licensed psychologist or psychologist.
History: L. 1987, ch. 306, § 2; L. 1988, ch. 304, § 6; L. 1996, ch. 153, § 32; L. 1997, ch. 142, § 1; L. 1999, ch. 117,
§ 30; July 1, 2000.
74-5363. Application for licensure; qualifications; practice of licensed clinical psychotherapist; criteria for educational institutions.
(a)Any person who desires to be licensed under this act shall apply to the board in writing, on forms prepared and furnished by the board. Each application shall contain appropriate documentation of the particular qualifications required by the board and shall be accompanied by the required fee.
(b) The board shall license as a licensed masters level psychologist any applicant for licensure who pays the fee prescribed by the board under K.S.A. 74-5365 and amendments thereto, which shall not be refunded, who has satisfied the board as to such applicant's training and who complies with the provisions of this subsection (b). An applicant for licensure also shall submit evidence verified under oath and satisfactory to the board that such applicant:
(1) Is at least 21 years of age;
(2) has satisfied the board that the applicant is a person who merits public trust;
(3) has received at least 60 graduate hours including a master's degree in psychology based on a program of studies in psychology from an educational institution having a graduate program in psychology consistent with state universities of Kansas; or until July 1, 2003, has received at least a master's degree in psychology and during such master's or post-master's coursework completed a minimum of 12 semester hours or its equivalent in psychological foundation courses such as, but not limited to, philosophy of psychology, psychology of perception, learning theory, history of psychology, motivation, and statistics and 24 semester hours or its equivalent in professional core courses such as, but not limited to, two courses in psychological testing, psychopathology, two courses in psychotherapy, personality theories, developmental psychology, research methods, social psychology; or has passed comprehensive examinations or equivalent final examinations in a doctoral program in psychology and during such graduate program completed a minimum of 12 semester hours or its equivalent in psychological foundation courses such as, but not limited to, philosophy of psychology, psychology of perception, learning theory, history of psychology, motivation, and statistics and 24 semester hours or its equivalent in professional core courses such as, but not limited to, two courses in psychological testing, psychopathology, two courses in psychotherapy, personality theories, developmental psychology, research methods, social psychology;
(4) has completed 750 clock hours of academically supervised practicum in the master's degree program or 1500 clock hours of postgraduate supervised work experience;
(5) has passed an examination approved by the board with a minimum score set by the board by rules and regulations at 10 percentage points below the score set by the board for licensed psychologists.
(c) (1) Applications for licensure as a clinical psychotherapist shall be made to the board on a form and in the manner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant:
(A) Is licensed by the board as a licensed masters level psychologist or meets all requirements for licensure as a masters level psychologist;
(B) has completed 15 credit hours as part of or in addition to the requirements under subsection (b) supporting diagnosis or treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, through identifiable study of 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;
(E) for persons earning a degree under subsection (b) prior to July 1, 2003, in lieu of the education requirements under parts (B) and (C) of this subsection, has completed the education requirements for licensure as a licensed masters level psychologist in effect on the day immediately preceding the effective date of this act;
(F) for persons who apply for and are eligible for a temporary permit to practice as a licensed masters level psychologist 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 masters level psychologist in effect on the day immediately preceding the effective date of this act;
(G) has passed an examination approved by the board with the same minimum passing score as that set by the board for licensed psychologists; and
(H) has paid the application fee.
(2) A person who was licensed or registered as a masters level psychologist in Kansas at any time prior to the effective date of this act, who has been actively engaged in the practice of masters level psychology as a registered or licensed masters level psychologist within five years prior to the effective date of this act and whose last license or registration in Kansas prior to the effective date of this act was not suspended or revoked, upon application to the board, payment of fees and completion of applicable continuing education requirements, shall be licensed as a licensed clinical psychotherapist by providing demonstration of competence to diagnose and treat mental disorders through at least two of the following areas acceptable to the board:
(A) Either (i) graduate coursework or (ii) passing a national, clinical examination;
(B) either (i) three years of clinical practice in a community mental health center, its contracted affiliate or a state mental hospital or (ii) three years of clinical practice in other settings with demonstrated experience in diagnosing or treating mental disorders; or
(C) attestation from one professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery that the applicant is competent to diagnose and treat mental disorders.
(3) A licensed clinical psychotherapist may engage in the independent practice of masters level
psychology and is authorized to diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. When a client has symptoms of a mental disorder, a licensed clinical psychotherapist shall consult with the client's primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client's record. A licensed clinical psychotherapist may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(d) The board shall adopt rules and regulations establishing the criteria which an educational institution shall satisfy in meeting the requirements established under item (3) of subsection (b). The board may send a questionnaire developed by the board to any educational institution for which the board does not have sufficient information to determine whether the educational institution meets the requirements of item (3) of subsection (b) and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the educational institution to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about educational institutions. In entering such contracts the authority to approve educational institutions shall remain solely with the board.
History: L. 1987, ch. 306, § 3; L. 1988, ch. 304, § 7; L. 1990, ch. 286, § 6; L. 1991, ch. 239, § 1; L. 1996, ch. 153, §
33; L. 1996, ch. 239, § 2; L. 1997, ch. 142, § 2; L. 1998, ch. 163, § 2; L. 1999, ch. 117, § 32; L. 2001, ch. 154, § 10; July 1.
74-5363a. Repealed.
History: L. 1988, ch. 243, § 16; Repealed, L. 1990, ch. 286, § 9; May 24.
74-5364. Repealed
History: L. 1987, ch. 306, § 4; Repealed, L. 1996, ch. 153, § 44; July 1
74-5365. Application and renewal fee, nonrefundable; evidence required; continuing education.
(a) The application, issuance of a new license and renewal fee for licensure under this act shall be fixed by the board by rules and regulations in an amount not to exceed $200.
(b) Fees paid to the board are not refundable.
(c) The application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed, during the previous 24 months, the continuing education required by rules and regulations of the board. As part of such continuing education, a licensed masters level psychologist and a licensed clinical psychotherapist shall complete not less than six continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics.
History: L. 1987, ch. 306, § 5; L. 1996, ch. 153, § 34; L. 1996, ch. 153, § 35; L. 1999, ch. 117, § 33; July 1, 2000
74-5366. Expiration and renewal of license; application for renewal; reinstating lapsed license; duplicate license fee; persons registered as masters level psychologists on December 30, 1996, deemed licensed; fee for exchange of license in lieu of registration.
(a) All licenses shall be effective upon the date issued and shall expire at the end of the 24 months from the date of issuance.
(b) A license may be renewed by the payment of the renewal fee and the execution and submission of a signed statement, on a form provided by the board, attesting to that the applicant’s license has been neither revoked nor currently suspended and that the applicant has met the requirements for continuing education set forth in this act.
(c) If the application for renewal, including payment of the required renewal fee, is not made on or before the date of the expiration of the license, the license is void, and no license shall be reinstated except upon payment of the required renewal fee, plus a penalty equal to the renewal fee, and proof satisfactory to the board of compliance with the continuing education requirements. Upon receipt of such payment and proof, the board shall reinstate the license.
(d) A duplicate license shall be issued by the board upon receipt of $20.00 fee.
(e) A person registered as a masters level psychologist on December 30, 1996, shall be deemed to be a licensed masters level psychologist under this act. Such person shall not be required to file an original application for licensure under this act, but shall apply to the board for a license in lieu of registration upon payment of the fee set by the board for renewal of license. Any application for registration filed but which has not been granted prior to January 1, 1997, shall be processed as an application for licensure pursuant to this act. For exchange of a license in lieu of registration pursuant to this subsection, a fee not to exceed $100.00.
(f) The board shall collect a fee not to exceed $100.00 for exchange of a license in lieu of a registration pursuant to subsection (e).
History: L. 1987, ch. 306, § 6; L. 1996, ch. 153, § 36; L. 1996, ch. 239, § 3; L. 1997, ch. 142, § 4; May 8; L. 2006, ch. 61 § 4; July 1.
74-5367. Temporary license; requirements; expiration; renewal; fees; denial, suspension or revocation.
(a) The board may issue a temporary license to practice as a licensed masters level psychologist to any person who pays a fee prescribed by the board under this section, which shall not be refunded, and who meets all the requirements for licensure under K.S.A. 74-5361 et seq., and amendments thereto, as a licensed masters level psychologist except the requirement of postgraduate supervised work experience or passing the licensing examination, or both.
(b) (1) Absent extenuating circumstances approved by the board,a temporary license issued by the board shall expire upon the date the board issues or denies a license to practice masters level psychology or 24 months after the date of issuance of the temporary license. Notemporary license issued by the board will be renewed or issued again on any subsequent applications for the same license level. The preceding provision in no way limits the number of times an applicant may take the examination.
(2) A temporary licensee shall take the examination within the first 12 months subsequent to the issuance of the temporary license unless there are extenuating circumstances approved by the board or if the temporary licensee does not take the examination within the first 12 months subsequent to the issuance of the temporary license and no extenuating circumstances have been approved by the board, the temporary license will expire after the first 12 months.
(c) The board shall fix by rules and regulations a fee for the application of thetemporary license. The application fee shall not exceed $100.
(d) A person practicing masters level psychology with a temporary license may not use the title ‘‘licensed masters level psychologist’’ or the initials ‘‘LMLP’’ independently. The word ‘‘licensed’’ may be used only when followed by the words ‘‘by temporary license’’ such as licensed masters level psychologist by temporary license, or masters level psychologist licensed by temporary license.
(e) No person may work under a temporary license except under the supervision of a person licensed to practice psychology or masters level psychology in Kansas.
(f)The application for a temporary license may be denied or a temporary license which has been issued may be suspended or revoked on the same grounds as provided for suspension or revocation of a license under K.S.A. 74-5369 and amendments thereto.
(g)Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary licenseshall 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 licenseas provided under this section at the time of issuance of such temporary license.
History: L. 1987, ch. 306, § 7; L. 1996, ch. 153, § 37; L. 1998, ch. 163, § 6; L. 1999, ch. 108, § 7; July 1; L. 2006, ch.61. § 5; July 1.
74-5367a. 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 masters level psychology 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 masters level psychology as provided by K.S.A. 74-5361 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 masters level psychology services rendered within any 24-hour period shall count as one entire day of clinical masters level psychology services.
(c) The temporary permit to practice shall be effective on the date of approval by the board and shall expire December 31 of that year. Upon written application and for good cause shown, the board may extend the temporary permit to practice no more than 15 additional days.
(d) The board may charge a fee of a maximum of $200 for a temporary permit to practice and a fee of a maximum of $200 for an extension of a temporary permit to practice as established by rules and regulations of the board.
(e) A person who holds a temporary permit to practice clinical masters level psychology in this state shall be deemed to have submitted to the jurisdiction of the board and shall be bound by the statutes and regulations that govern the practice of clinical masters level psychology in this state.
(f) In accordance with the Kansas administrative procedures act, the board may issue a cease and desist order or assess a fine of up to $1,000 per day, or both, against a person licensed in another jurisdiction who engages in the independent practice of clinical masters level psychology in this state without complying with the provisions of this section.
(g) This act shall be part of and supplemental to the licensure of masters level psychologists act.
74-5368. Repealed.
History: L. 1987, ch. 306, § 8; L. 1988, ch. 304, § 5; Repealed, L. 1996, ch. 153, § 44; July 1
74-5369. Grounds for denial, suspension, limitation, revocation or nonrenewal of license; procedure; judicial review.
An application for licensure under K.S.A. 74-5361 to 74-5371, inclusive, and amendments thereto, may be denied or a license granted under this act may be suspended, limited, revoked, have a condition placed on it or not renewed by the board upon proof that the applicant or licensee:
(a) Has been convicted of a felony involving moral turpitude;
(b) has been found guilty of fraud or deceit in connection with the rendering of professional services or in establishing such person's qualifications under this act;
(c) has aided or abetted a person not licensed as a psychologist, licensed under this act or an uncertified assistant, to hold oneself out as a psychologist in this state;
(d) has been guilty of unprofessional conduct as defined by rules and regulations of the board;
(e) has been guilty of neglect or wrongful duties in the performance of duties; or
(f) has had a registration, license or certificate as a masters level psychologist revoked, suspended or limited, or has had other disciplinary action taken, or an application for a 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. Administrative proceedings under K.S.A. 74-5361 to 74-5371, inclusive, and amendments thereto shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under K.S.A. 74-5361 to 74-5371, inclusive, and amendments thereto shall be in accordance with the act for judicial review and civil enforcement of agency actions.
History: L. 1987, ch. 306, § 9; L. 1988, ch. 304, § 2; L. 1996, ch. 153, § 38; L. 1999, ch. 117, § 34; July 1, 2000, L. 2004, ch. 16, § 4; July 1, 2004.
74-5370. Rules and regulations.
The board may adopt rules and regulations to administer the provisions of K.S.A. 74-5361 to 74-5371, inclusive, and amendments thereto.
History: L. 1987, ch. 306, § 10; July 1.
74-5371. Prohibited acts and representations; misdemeanor.
(a) No person shall engage in the practice of masters level psychology or represent oneself as a licensed masters level psychologist or use the abbreviation LMLP or use any word, letter, signs, figures or devices to indicate that such person using the same is a licensed masters level psychologist unless such person holds a valid license as a licensed masters level psychologist.
(b) No person shall engage in the independent practice of masters level psychology or represent oneself as a licensed clinical psychotherapist or use the abbreviation LCP or use any word, letter, signs, figures or devices to indicate that such person using the same is a licensed clinical psychotherapist unless such person holds a valid license as a licensed clinical psychotherapist.
(c) A violation of this section is a class C misdemeanor.
History: L. 1987, ch. 306, § 11; L. 1988, ch. 304, § 8; L. 1996, ch. 153, § 39; L. 1999, ch. 117, § 35; July 1, 2000
74-5372. Privileged communications.
(a) The confidential relations and communications between a licensed masters level psychologist and such psychologist's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.
(b) The confidential relations and communications between a licensed clinical psychotherapist and such psychotherapist's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.
(c) Nothing in this section or in this act shall be construed to prohibit any licensed masters level psychologist or licensed clinical psychotherapist 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 the client. There is no privilege under this section for information which is required to be reported to a public official.
History: L. 1988, ch. 304, § 9; L. 1996, ch. 153, § 40; L. 1999, ch. 117, § 36; July 1, 2000
74-5373. Construction of Act.
Nothing in the master’s level psychology statutes shall be construed to apply to the activities and services of qualified members of other professional groups including, but not limited to, attorneys, physicians, psychologists, marriage and family therapist, professional counselors, registered nurses, social workers, rabbis, priests, ministers, or clergy persons, including Christian Science practitioners, 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 master’s level psychologist.
History: L. 1996, ch. 153, § 41; July 1.
74-5374. Disclosure to client at beginning of client-therapist relationship; documentation.
A licensee under K.S.A. 74-5361 et seq. and amendments thereto, 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 masters 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, § 31; July 1, 2000.
74-5375. Licensure of individual registered, certified or licensed in another jurisdiction; when authorized; application fee.
(a) The behavioral sciences regulatory board may issue to an individual who is currently registered, certified or licensed to practice psychology at the masters level in another jurisdiction if the board determines that;
(1) The standards for registration, certification or licensure to practice psychology at the masters level in the other jurisdiction are substantially equivalent to the requirements of this state; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board;
(A) Continuous registration, certification or licensure to practice psychology at the masters level 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) a masters degree in psychology from a regionally accredited university or college.
(b) Applicants for licensure as a clinical psychotherapist shall additionally demonstrate competence to diagnose and treat mental disorders through meeting the requirements of either 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. 74-5365 and amendments thereto.
History: L. 2003, Ch. 129, § 1, July 1.
74-5376. Citation of Act.
K.S.A. 74-5361 through 74-5375, and amendments thereto, shall be known and may be cited as the licensure of masters
level psychologists act.
Amended July 2007
Licensing of Masters Level Psychologists
And Clinical Psychotherapists
Regulations
102-4-1. Revoked.
(Authorized by and implementing K.S.A. 74-5370; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; amended May 30, 1995; revoked Dec. 19, 1997.)
102-4-1a. Definitions. (a) ‘‘Academic equivalent,’’ as used in K.A.R. 102-4-3a, means the proportionate credit awarded for formal academic coursework when this coursework is completed on the basis of trimester credit hours or quarter credit hours rather than semester credit hours.
(b) ‘‘Alternate psychology supervisor’’ means a person who is not licensed or registered as a psychologist in the state or jurisdiction where the supervision occurred, but who satisfies all of the following alternate qualifications:
(1) The supervisor has received a graduate degree in psychology.
(2) The supervisor has practiced as a psychologist for no fewer than two calendar years before supervising the applicant.
(3) The supervisor had legal authority to engage in the independent practice of psychology in Kansas or in the state or jurisdiction where an applicant’s supervision occurred.
(c) ‘‘Client’’ means a person who is a direct recipient of master’s level psychology services or clinical psychotherapy services.
(d) ‘‘Clinical psychotherapy practice’’ means the independent practice of master’s level psychology and the application of psychology theory and methods to the treatment and prevention of psychosocial dysfunction, disability, or impairment, including behavioral, emotional, and mental disorders. Clinical psychotherapy 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 at interpersonal interactions, intra-psychic dynamics, and life management issues;
(5) consultation; and
(6) evaluation, referral, and collaboration.
(e) ‘‘Clinical supervision training plan’’ means a formal written agreement that establishes the supervisory frame-work for postgraduate clinical experience and describes the expectations and responsibilities of the supervisor and supervisee.
(f) ‘‘Consultation’’ means collegial deliberation within the context of 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 objectives and requirements of supervision as established in K.A.R. 102-4-7a are lacking. Professional consultation shall not be substituted for professional psychology supervision and shall not meet the requirements of K.S.A. 74-5362, and amendments thereto, regarding the practice of master’s level psychology under the direction of a licensed practitioner.
(g) ‘‘Continuing education’’ means programs or activities that have content designed to enhance a licensee’s knowledge, skills, values, ethics, or ability to practice as a master’s level psychologist or a clinical psychotherapist.
(h) ‘‘Cooperating agency’’ means a public or private agency, institution, or organization that provides psychological services and that has a prior agreement with an academic institution to participate in a practicum program in compliance with the requirements of K.A.R. 102-4-6a.
(i) ‘‘Dual relationship’’ means a professional relationship in which the objectivity or competency of the licensee is impaired or compromised due to any of the following present or previous relationships with the client or supervisee:
(1) Familial;
(2) sexual;
(3) emotional; or
(4) financial.
(j) ‘‘Extenuating circumstances’’ means conditions caused by unexpected events that are beyond the individual’s control.
(k) ‘‘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 the training or information cannot be generalized to another work setting.
(l) ‘‘Malfeasance’’ means the performance of an act by a licensee that is prohibited or that constitutes wrongdoing or misconduct.
(m) ‘‘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 master’s level psychology or clinical psychotherapy as demonstrated by the following personal qualities:
(1) Good judgment;
(2) integrity;
(3) honesty;
(4) fairness;
(5) credibility;
(6) reliability;
(7) respect for others;
(8) respect for the laws of the state and the nation;
(9) self-discipline;
(10) self-evaluation;
(11) initiative; and
(12) commitment to the psychology profession and its values and ethics.
(n) ‘‘Misfeasance’’ means the improper performance of a lawful act by a licensee.
(o) ‘‘Nonfeasance’’ means the omission of an act that a licensee is required to perform.
(p) ‘‘Postgraduate work experience’’ means the postgraduate, supervised practice of psychology that meets the requirements provided in K.A.R. 102-4-7a.
(q) ‘‘Practice of psychology,’’ ‘‘practice of master’s level psychology,’’ and ‘‘practice of master’s level psychology or clinical psychotherapy’’ mean the application by persons trained in psychology of established principles of learning, motivation, perception, thinking, and emotional relationships to problems of behavior adjustment, group relations, and behavior modification. The application of these principles may include the following activities and services:
(1) Counseling and the use of psychological remedial measures with persons having adjustment or emotional problems in the areas of work, family, school, and personal relationships, whether those services are provided to individuals or in groups;
(2) the measuring and testing of personality, intelligence, aptitudes, attitudes, and skills;
(3) the teaching of the subject matter; and
(4) the conducting of research on problems relating to human behavior, except that in all cases involving the care of the sick and ill as defined by the laws of this state, the primary responsibility shall remain with those individuals licensed under the Kansas healing arts board.
(r) ‘‘Practicum,’’ whether entitled a residency, an internship, or a field placement, means a formal component of the academic curriculum in the professional psychology program that engages the student in the supervised, professional practice of psychology and provides opportunities to apply classroom learning to actual practice situations in the field setting.
(s) ‘‘Prior-approved continuing education’’ means any of the following forms of continuing education:
(1) Any single program for which the program material has been submitted by a provider to the board, approved by the board, and assigned a continuing education number;
(2) any program offered by a provider with approved provider status; or
(3) academic psychology courses audited or taken for credit.
(t) ‘‘Professional psychology supervision’’ means the oversight established in a formal relationship between the supervisor and supervisee for the purpose of developing the supervisee’s responsibility, skill, knowledge, attitudes, and ethical standards in the practice of psychology.
(u) ‘‘Quarter credit hour’’ means two-thirds of a semester credit hour. Quarter credit hours shall be rounded as follows:
(1) One quarter credit hour equals .7 semester credit hours.
(2) Two quarter credit hours equal 1.3 semester credit hours.
(3) Three quarter credit hours equal 2.0 semester credit hours.
(4) Four quarter credit hours equal 2.7 semester credit hours.
(5) Five quarter credit hours equal 3.3 semester credit hours.
(v) ‘‘Semester credit hour,’’ as used in K.A.R. 102-4-3a, means a unit of academic credit based on 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.
(w) ‘‘Substantially equivalent’’ means equal in value in all essential and material requirements.
(x) ‘‘Termination of the professional relationship’’ means the end of the professional relationship between a licensee and a client resulting from any of the following:
(1) The mutual consent of the licensee and the client;
(2) the completion of the professional services;
(3) the dismissal of the licensee by the client;
(4) the dismissal of the client by the licensee; or
(5) the transfer of the client to another professional for active treatment or therapy with the belief that treatment will continue.
(y) ‘‘Trimester credit hour’’ means a unit of academic credit received under an academic year consisting of three equal terms. A trimester credit hour shall be equivalent to a semester credit hour.
(z) ‘‘Under the direction,’’ when used to describe a licensed master’s level psychologist, means that the licensee has a formal relationship with an individual providing guidance and oversight in which both of the following conditions are met:
(1) The directing individual provides the licensee with the following, commensurate with the welfare of the client and the education, training, and experience of the licensee:
(A) Professional monitoring and oversight of the licensed master’s level psychology services provided by the licensee;
(B) regular and periodic evaluation of the treatment services provided to clients by the licensee; and
(C) verification that guidance and oversight was provided to the licensee.
(2) With each license renewal, the licensee receiving direction provides the board with the following:
(A) The name of the directing individual, the type of license held by the directing individual, and other pertinent identifying information; and
(B) a description of the work setting and the master’s level psychology services conducted under direction.
(aa) ‘‘Undue influence’’ means misusing one’s professional position of confidence, trust, or authority over a client or supervisee or taking advantage of a client’s vulnerability, weakness, infirmity, or distress for either of the following purposes:
(1) To improperly influence or change a client’s or supervisee’s actions or decisions; or
(2) to exploit a client or supervisee for the financial gain, personal gratification, or advantage of the licensee or a third party.
(Authorized by and implementing K.S.A. 2007 Supp. 74-7507; effective Dec. 19, 1997; amended Aug. 4, 2000; amended Oct. 27, 2006; amended Dec. 19, 2008.)
102-4-2. Fees.
(a) Each applicant or licensee shall pay the appropriate fee or fees as set forth below:
(1) Application for a master's level psychologist license, $100;
(2) application for clinical psychotherapist license, $100;
(3) original master’s level psychologist license, $150;
(4) original clinical psychotherapy license, $150;
(5) renewal of a master’s level psychologist license, $150;
(6) renewal of a clinical psychotherapist license, $175;
(7) replacement of a master’s level psychologist or clinical psychotherapist wall certificate, $20;
(8) reinstatement of master's level psychologist license, $150;
(9) reinstatement of clinical psychotherapist license, $175;
(10) temporary master’s level psychologist license, $100; or
(11) renewal of temporary master's level psychologist license, $100.
(b) Each applicant for reinstatement of a master's level psychologist license after its date of expiration shall pay the renewal fee in addition to the penalty fee of $150.
(c) Each applicant for reinstatement of a clinical psychotherapist license after its date of expiration shall pay the renewal fee in addition to the penalty fee of $175.
(d) Fees paid to the board shall not be refundable. This regulation shall be effective on and after July 1, 2005.
(Authorized by K.S.A. 74-5365, 74-5367, and K.S.A. 2004 Supp. 74-7507; implementing K.S.A. 74-5363, 74-5365, 74- 5366, and 74-5367; effective, T-102-2-23-89, Feb. 23, 1989; effective April 22, 2005.)
102-4-3. Revoked.
(Authorized by K.S.A. 1987 Supp. 74-5370; implementing K.S.A. 1987 Supp. 74-5363, as amended by L. 1988, Ch. 304,
Sec. 7, and further amended by L. 1988, Ch. 243, Sec. 16; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; revoked Dec. 19, 1997.)
102-4-3a. Educational requirements.
To academically qualify for licensure as a master's level psychologist or a clinical psychotherapist, the applicant's educational qualifications and background shall meet the applicable requirements specified in the following subsections.
(a) Definitions.
(1) “Core faculty member” means an individual who is part of the program's teaching staff and who meets the following conditions:
(A) Is an individual whose education, training, and experience are consistent with the individual's role within the program and are consistent with the published description of the goals, philosophy, and educational purpose of the program;
(B) is an individual whose primary professional employment is at the institution in which the program is housed; and
(C) is an individual who is identified with the program and is centrally involved in program development, decision making, and student training as demonstrated by consistent inclusion of the individual's name in public and departmental documents.
(2) “In residence,” when used to describe a student, means that the student is present at the physical location of the institution for the purpose of completing coursework during which the student and one or more core faculty members are in physical proximity and face-to-face contact.
(3) “Primary professional employment” means a minimum of 20 hours per week of instruction, research, any other service to the institution in the course of employment, and the related administrative work.
(b) Degree requirements. At the time of application, the applicant shall have fulfilled one of the following requirements:
(1) The applicant received a master's degree in psychology based on a program of studies that is substantially equivalent to the coursework requirements provided in subsection (c) if the degree was earned before July 1, 2003 or subsection (e) if the degree was earned on or after July 1, 2003.
(2) The applicant received a master's degree in psychology and has completed the coursework requirements provided in either subsection (c) if the degree was earned before July 1, 2003 or subsection (e) if the degree was earned on or after July 1, 2003.
(3) The applicant passed comprehensive examinations or equivalent final examinations in a doctoral program in psychology and has completed the coursework requirements provided in either subsection (c) if the program was completed before July 1, 2003 or subsection (e) if the program was completed on or after July 1, 2003.
(c) Coursework requirements for applicants who earned a psychology degree before July 1, 2003.
(1) Each applicant shall have satisfactorily completed at least 36 discrete and unduplicated graduate semester credit hours, or the academic equivalent, of formal, didactic academic coursework that is distributed across the coursework areas as specified in this paragraph (c)(1), subject to the restrictions set out in subsection (d). This coursework shall have been completed at the time of application as a part of or in addition to the coursework completed for the graduate degree requirements:
(A) A minimum of six semester credit hours, or the academic equivalent, in psychotherapy that includes an in-depth study of the major theories, principles, and clinical methods and techniques of psychotherapy with individuals, groups, or families. These courses shall be completed while in residence;
(B) a minimum of six semester credit hours, or the academic equivalent, in psychological testing that includes studies in the selection, administration, scoring, and interpretation of objective and projective diagnostic tests as indicators of intelligence and scholastic abilities or as screening devices for organic pathologies, learning disabilities, and personality disturbances. These courses shall be completed while in residence;
(C) a minimum of 12 semester credit hours, or the academic equivalent, in any of the following psychological foundation courses:
(i) The philosophy of psychology, which may include studies that introduce the fundamental philosophical, conceptual, theoretical, or applied processes of psychology, and the issues central to professional orientation, role development, ethical and legal standards, and professional responsibility;
(ii) the psychology of perception, which may include studies of memory, language, speech, sensory functioning, motor functioning, reasoning, decision making, problem solving, and other cognitive processes;
(iii) learning theory, which may include studies pertaining to the fundamental theoretical assumptions about and applied principles of learning, conditioning, concept formation, and behavior;
(iv) the history of psychology, which may include studies that trace and analyze the historical development and contemporary evolution of the concepts and theories in psychology;
(v) motivation, which may include studies of the concepts, principles, and empirical findings concerning the innate, biological, and acquired factors that underlie human motivation; or
(vi) statistics, which may include studies in the theory, analysis, and interpretation of statistics, and the manual or computerized application of statistical measures; and
(D) a minimum of 12 semester credit hours, or the academic equivalent, in professional core courses.
(i) The professional core courses shall include a minimum of three semester credit hours, or the academic equivalent, in psychopathology, which may include studies that examine the theories, definitions, and dynamics of the diagnostic classifications, and differentiation among diagnostic classifications. This subcategory may also include studies in abnormal psychology or studies that examine the etiological factors, clinical course, and clinical and psychopharmacological approaches to the treatment of mental, behavioral, and personality disorders. The remaining nine semester credit hours, or the academic equivalent, may consist of any of the following professional core courses:
(i) Personality theories, which may include studies that seek to explain or to compare and contrast the major theories of normal and abnormal personality development, functioning, adaptation, and assessment;
(ii) developmental psychology, which may include psychological or biologically based studies that provide a comprehensive overview of the biopsychosocial factors, determinants, and stages that pertain to and impact the physical, emotional, intellectual, and social development and adaptation of humans from infancy through senescence;
(iii) research methods, which may include studies in the principles, techniques, and ethics of research, as well as studies about the identification of research problems, selection of research designs, measurement strategies, sampling techniques, and methods of evaluating the results;
(iv) social psychology, which may include studies of the interactive and influencing effects of social, cultural, and ecological factors upon the emotions, beliefs, attitudes, expectations, roles, behaviors, and interactional dynamics of individuals, families, groups, organizations, and the larger society; or
(v) additional coursework in psychotherapy or psychological testing as specified in this subsection.
(2) In addition to or as a part of the 36 semester hours specified in paragraph (c)(1), each applicant for a clinical psychotherapist license shall have completed 15 graduate semester credit hours, or the academic equivalent, supporting diagnosis or treatment of mental disorders using the “diagnostic and statistical manual of mental disorders” as specified in K.A.R. 102-4-15. 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 semester credit hours, or the 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 semester credit hours shall be subject to the restrictions set out in subsection (d).
(d) The following activities shall not be substituted for or counted toward any of the educational coursework requirements set out in subsection (c):
(1) Academic courses that the applicant completed as a part of or in conjunction with the undergraduate degree requirements;
(2) independent study courses, whether or not such coursework is taken for academic credit, unless the independent study course clearly occurred as a didactic course formally established and designed by the program to provide the student with specifically identified, organized, and integrated course content;
(3) thesis or independent research courses;
(4) academic courses that, by their experiential rather than didactic nature and content, are designed to precede, satisfy, or augment the practicum activities required for the graduate psychology degree;
(5) academic coursework that has been audited rather than graded;
(6) academic coursework for which the applicant received an incomplete or failing grade;
(7) graduate or postgraduate coursework or training provided by colleges, universities, institutes, or training programs that do not meet the requirements in subsections (f) and (g); and
(8) continuing education, in-service, or on-the-job training activities or experience.
(e) Coursework requirements for applicants who earn a psychology degree on or after July 1, 2003.
(1) As a part of or in addition to the coursework completed for the graduate degree requirements, each applicant shall have satisfactorily completed at least 60 discrete and unduplicated graduate semester credit hours, or the academic equivalent, of formal, didactic academic coursework in psychology or a related field.
(2) Thirty-six of the 60 required graduate semester credit hours, or the academic equivalent, shall be distributed across the coursework areas as specified in paragraph (c)(1). The coursework specified in paragraphs (c)(1)(A) and (c)(1)(B) shall be completed while the student is in residence.
(3) Of the remaining 24 required graduate semester credit hours, a maximum of six semester credit hours, or the academic equivalent, may be attained through independent study courses or independent research courses, and a maximum of 10 semester credit hours, or the academic equivalent, may be attained through thesis preparation.
(4) In addition to or as a part of the 60 semester hours specified in paragraph (e)(1), each applicant for a clinical psychotherapist license shall have completed 15 graduate semester credit hours, or the academic equivalent, supporting diagnosis or treatment of mental disorders using the “diagnostic and statistical manual of mental disorders” as specified in K.A.R. 102-4-15. 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 semester credit hours, or the 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 semester credit hours, or the academic equivalent, shall be subject to the restrictions set out in paragraph (e)(5).
(5) The following activities shall not be substituted for or counted toward any of the educational coursework requirements set out in this subsection:
(A) Academic courses that the applicant completed as a part of or in conjunction with the undergraduate degree requirements;
(B) academic coursework that has been audited rather than graded;
(C) academic coursework for which the applicant received an incomplete or failing grade;
(D) graduate or postgraduate coursework or training provided by colleges, universities, institutes, or training programs that do not meet the requirements in subsections (f) and (g); and
(E) continuing education, in-service, or on-the-job training activities or experience.
(f) Program requirements. In order for the applicant to qualify for licensure, the educational program completed by the applicant shall meet all of the following conditions:
(1) The program has formally established program admission requirements that are based upon objective measures.
(2) The program requires and provides an established curriculum that encompasses a minimum of two years of graduate study and that includes two contiguous semesters of enrollment, or the academic equivalent, attended and completed by the student in residence at the same college or university granting the degree.
(3) The program has clear administrative authority and formal responsibility within the program for the core and specialty areas of training in psychology.
(4) The program has an established, organized, and comprehensive sequence of study that is planned by administrators who are responsible for providing an integrated educational experience in psychology.
(5) The program is chaired or directed by an identifiable person who holds a graduate degree that was earned from a regionally accredited college or university following that person's actual completion of a formal academic training program in psychology.
(6) The program has an identifiable, full-time, professional faculty whose members hold earned graduate degrees in psychology.
(7) The program has an identifiable and formally enrolled body of students.
(8) The ratio of students to core faculty members does not exceed 15 students to one core faculty member.
(9) The program conducts an ongoing, objective review and evaluation of each student's learning and progress, and the program reports this evaluation in the official student transcripts.
(g) College or university requirements. In order for the applicant to qualify for licensure, the college or university at which the applicant completed the degree requirements shall meet all of the following requirements.
(1) The college or university is institutionally accredited to award the graduate degree in psychology.
(2) The college or university is regionally accredited by an accrediting body substantially equivalent to those agencies that accredit the universities in Kansas.
(3) The college or university documents in its official publications, including course catalogs and announcements, the program description, and standards, and the admission requirements of the psychology education and training program.
(4) The college or university identifies and clearly describes in pertinent institutional catalogs the coursework, experiential, and other academic program requirements that must be satisfied before the conferral of the graduate degree in psychology.
(5) The college or university clearly identifies and specifies in pertinent institutional catalogs its intent to educate and train psychologists.
(6) The college or university has clearly established a psychology education and training program as a recognized, coherent organizational entity within the college or university that, at the time the applicant's degree requirements were satisfied, met the program standards as provided in subsection (f).
(7) The college or university has conferred the graduate degree in psychology on the applicant, or has advanced the applicant to doctoral candidacy status, following the applicant's successful completion of an established and required formal program of studies.
(Authorized by K.S.A. 2005 Supp. 74-7507; implementing K.S.A. 74-5363; effective Dec. 19, 1997; amended Aug. 13, 2004; amended Oct. 27, 2006.)
102-4-4. Revoked.
(Authorized by K.S.A. 74-5370; implementing K.S.A. 74-5363, K.S.A. 74-5366, and K.S.A. 74-5367; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; amended Feb. 25, 1991; amended May 30, 1995; revoked Dec. 19, 1997.)
102-4-4a. Applications for licensure.
(a) Each applicant for licensure as a master's level psychologist or clinical psychotherapist shall request the appropriate licensure application form from the director of the board.
(b) Each applicant for licensure as a licensed master's level psychologist 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. 102-4-2;
(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 master's level psychology 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. 102-4-3a.
(c) Each applicant for licensure as a clinical psychotherapist 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. 102-4-2;
(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 master's level psychology 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 master's level psychologist or meets all requirements for licensure as a master's level psychologist;
(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. 102-4-3a; 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. 102-4-7a.
(d) The following provisions shall apply to each applicant for licensure as a master's level psychologist and to each applicant for licensure as a clinical psychotherapist:
(1) Upon the board's determination that the applicant has met the applicable educational requirements, each applicant shall take the appropriate, nationally administered, standardized written examination approved by the board in accordance with K.A.R. 102-4-5.
(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 as provided in K.A.R. 102-4-2 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 the application 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 for licensure.
(e) Any applicant who is determined by the board to meet the requirements of K.S.A. 74-5367, 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. 102-4-2. Except as provided in paragraphs (e)(1) and (e)(2), the temporary license shall remain in effect for 24 months.
(1)(A) Except as provided in paragraph (e)(1)(B), the temporary license shall expire after 12 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 12 months in which the applicant's temporary license is in effect may request that the temporary license remain in effect for the full 24 months on the basis that extenuating circumstances preclude the applicant from taking the examination during the initial 12-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 12-month period. If the request is approved by the board, the applicant's temporary license shall remain in effect for the remaining 12 months.
(2) Any applicant whose 24-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 master's level psychology as a licensed or registered master's level psychologist in Kansas at any time within the five years before July 1, 2000, may apply for a license as a clinical psychotherapist 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. 102-4-2;
(3) demonstrate that the applicant held a Kansas license or registration as a master's level psychologist 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 competency examination as specified by K.A.R. 102-4-5a 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. 74-5367, 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. 74-5367, and amendments thereto. (Authorized by K.S.A. 2005 Supp. 74-7507; implementing K.S.A. 74-5363 and K.S.A. 74-5367, as amended by 2006 SB 470, § 5; 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.)
102-4-4b. Application for licensure based on reciprocity.
(a) Each individual who wishes to be licensed as a master's level psychologist or a clinical psychotherapist based on reciprocity, as provided by 2003 HB 2234, Sec. 1 and amendments thereto, shall submit an application for licensure in accordance with the provisions of this regulation.
(b) Each applicant for licensure as a master's level psychologist shall request the application forms for licensure by reciprocity from the board. Each applicant shall ensure that the application materials are submitted to the board as follows:
(1) The applicant shall submit the completed application form and shall submit payment in full of the application for a license fee, as provided in K.A.R. 102-4-2.
(2) The applicant shall forward to the licensing agency for the jurisdiction in which the applicant is currently licensed, certified, or registered as a master's level psychologist a form provided by the board on which the licensing agency is to provide the following documentation:
(A) Verification that the applicant currently holds a valid license, registration, or certification to practice psychology at the master's level issued by the licensing agency;
(B) the date on which the applicant was initially licensed, registered, or certified as a master's level psychologist 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 2003 HB 2234, Sec. 1 and amendments thereto, the applicant shall ensure that documentation covering the five continuous years of licensure, registration, or certification as a master's level psychologist 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 master's level psychologist in that jurisdiction are substantially equivalent to the standards in Kansas or verification that the applicant has earned a master's degree in psychology, the date on which the applicant earned the degree, and the name of the university or college granting the degree. The completed form shall be returned to the board by the licensing agency and shall not be forwarded to the applicant.
(3) If the applicant is seeking licensure based on reciprocity under the provisions of paragraph (a)(2) of 2003 HB 2234, Sec. 1, 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 master's level psychologist 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 psychology at the master's level an average of at least 15 hours per week for nine months during each of the five years immediately preceding the date of application for licensure based on reciprocity; and
(B) if the licensing agency does not provide verification that the applicant holds a master's degree in psychology, an original transcript sent directly from the university or college granting the degree that identifies all applicable graduate coursework and the date on which the applicant was granted a master's degree in psychology.
(c) In addition to complying with the requirements of subsection (b), each applicant for licensure as a clinical psychotherapist 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. 102-4-15. 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 core 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 2003 HB 2234, Sec. 1, K.S.A. 74-5370 and 74-7507; implementing 2003 HB 2234, Sec. 1, K.S.A. 74-5365, and 74-5369; effective, T-102-7-1-03, July 1, 2003; effective Oct. 31, 2003.)
102-4-5. Revoked.
(Authorized by K.S.A. 74-5370; implementing K.S.A. 74-5369; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; amended May 30, 1995; revoked Dec. 19, 1997.)
102-4-5a. Examination requirements.
Each applicant who submits an application for licensure as a master's level psychologist or a clinical psychotherapist shall be required to qualify for licensure by examination. Each applicant submitting an application for licensure shall take a nationally administered, standardized written examination approved by the board.
(a)(1) The pass score for licensure as a master's level psychologist shall be not less than 60 percent correctly answered items.
(2) The pass score for licensure as a clinical psychotherapist shall be not less than 70 percent correctly answered items.
(b) Upon receiving board notification of the applicant's educational eligibility to be seated for the licensure examination, the applicant shall submit the examination registration forms and fee in the manner and within any deadlines established by the board.
(c) For each examination registration or seating opportunity the applicant attempts, the applicant shall submit by board-established deadlines the required registration form and a separate examination fee made payable to the examination service.
(d) Each applicant who fails a required examination for which the applicant has been registered shall submit, by board-established deadlines, the required registration form and the examination fee made payable to the examination service for each subsequent examination for which the applicant registers. If an applicant fails to sit for an examination for which the applicant has been registered, the applicant may register for a subsequent examination by submitting the required registration form within board-established deadlines.
(e) The written examination shall be waived by the board if the applicant has passed, at a level equal to or greater than the applicable pass score indicated above in paragraph (a)(1) or (2), a nationally administered, standardized written examination deemed by the board to be substantially equivalent to the examination approved by the board.
(f) An applicant shall not be authorized to register for the examination or qualify for a waiver of the examination until the applicant has fulfilled all educational requirements and has satisfied the board that the applicant merits the public trust.
(Authorized by K.S.A. 1999 Supp. 75-7507; implementing K.S.A. 1999 Supp. 74-5363, as amended by L. 1999, Ch. 117, Sec. 32; effective Dec. 19, 1997; amended Aug. 4, 2000.)
102-4-6. Revoked.
(Authorized by and implementing K.S.A. 74-5370; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; amended May 30, 1995; revoked Dec. 19, 1997.)
102-4-6a. Academically supervised practicum. In order to satisfy K.S.A. 74-5363(b)(4), and amendments thereto, by means of completing 750 clock-hours of an academically supervised practicum in the applicant’s psychology master’s degree program, the applicant shall meet the requirements in this regulation.
(a) Practicum requirements. The applicant’s practicum experience shall meet all of the following minimal requirements. The practicum shall meet these provisions:
(1) Have been completed by the applicant in fulfillment of the requirements for the applicant’s master’s degree in psychology or clinical psychology that was conferred by an academic institution that satisfies the college or university requirements provided in K.A.R. 102-4-3a;
(2) have constituted a formal and integrated component of an academic psychology training program that satisfies the program and coursework requirements as provided in K.A.R. 102-4-3a;
(3) have consisted of at least 750 clock-hours of academically supervised experience acceptable to the board;
(4) have occurred after the applicant satisfactorily completed the practicum prerequisite psychology coursework;
(5) have been supervised as provided in subsection (b); and
(6) have consisted of a formal, academically supervised placement in a cooperating agency that meets these requirements:
(A) Identified students, interns, or residents as being in training and not as staff; and
(B) by its nature and function, provided the applicant with the opportunity to participate in the practice of psychology through a broad range of supervised experiences that included the following practice activities and experiences:
(i) Diagnosis;
(ii) measuring and testing personality, intelligence, aptitudes, attitudes, and skills;
(iii) interdisciplinary collaboration and consultation; and
(iv) treatment interventions with a client or patient population presenting a diverse set of problems and backgrounds.
(b) Practicum supervision requirements. In order for the applicant’s academic practicum to be approved by the board, the practicum supervisor or supervisors at the time of the practicum supervision shall have satisfied all of the following requirements.
(1) The supervisor was licensed, registered, or certified to practice psychology or qualified as an alternate psychology supervisor as defined in K.A.R. 102-4-1a.
(2) The supervisor had at least partial professional responsibility for the applicant’s supervised practice of psychology.
(3) The supervisor had no familial or other dual relationship with the applicant.
(4) The supervisor had a supervisory relationship that was clearly differentiated from that of consultant.
(5) The supervisor was available at the points of decision making regarding the diagnosis and treatment of clients.
(6) The supervisor provided the applicant with on-site supervision that included a minimum of one hour of face-to-face, individual supervision for each 10 hours of the applicant’s direct patient or client contact.
(c) During the time of supervision, the practicum supervisor shall not have been subject to disciplinary action by the licensing, registering, or certifying authority, unless this provision is waived by the board upon prior application by the proposed supervisor.
(d) Credit toward the 750 clock-hours of practicum shall not be approved by the board for any of the following experiences or activities:
(1) Practicum experiences completed in fulfillment of the requirements established by training programs, institutes, colleges, or universities that do not qualify under the program requirements and the college or university requirements provided in K.A.R. 102-4-3a;
(2) academic practicum hours taken after the completion of the master’s degree in psychology or clinical psychology;
(3) practicum experiences that do not qualify under the practicum requirements and the practicum supervision requirements as provided in subsections (a) and (b);
(4) postgraduate supervised work experience;
(5) postgraduate job orientation or on-the-job training;
(6) research or thesis activities or experience;
(7) teaching activities or experience;
(8) didactic coursework;
(9) simulated classroom activities or exercises;
(10) simulated laboratory experiences;
(11) field activities that are strictly observational rather than experiential in nature; or
(12) any supervised practicum hours during which the applicant’s performance as evaluated by the practicum supervisor is determined by the board to be unacceptable.
(Authorized by K.S.A. 2007 Supp. 74-7507; implementing K.S.A. 74-5363 and K.S.A. 2007 Supp. 74-5367; effective Dec. 19, 1997; amended Jan. 9, 2004; amended Dec. 19,
2008.)
102-4-6b. Postgraduate hours in lieu of practicum.
In order to meet the requirement specified in K.S.A. 74-5363(b)(4) and amendments thereto, each applicant who has not completed a qualifying practicum as part of the applicant’s master’s degree in psychology or clinical psychology shall complete 1,500 hours of postgraduate supervised work experience. All of the following requirements shall be met:
(a) Of the required 1,500 postgraduate supervised hours, 500 hours shall consist of direct client contact, which shall include the following:
(1) Assessment;
(2) diagnosis of mental disorders; and
(3) treatment intervention directed at interpersonal interactions, intra-psychic dynamics, and life management issues.
(b) The supervision of these postgraduate hours shall meet the requirements in K.A.R. 102-4-7a.
(c) These 1,500 postgraduate supervised hours shall be in addition to the 4,000 hours required for clinical licensure.
(Authorized by K.S.A. 2007 Supp. 74-7507; implementing K.S.A. 74-5363; effective Dec. 19, 2008.)
102-4-7. Revoked.
(Authorized by K.S.A. 74-5370; implementing K.S.A. 74-5363 and K.S.A. 74-5358; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; revoked May 30, 1995.)
102-4-7a. Professional postgraduate supervised work experience requirement. In order to be approved by the board for licensure as a clinical psychotherapist, the applicant's postgraduate supervised professional experience of master's level psychology shall meet all of the following standards.
(a) Clinical supervision shall be provided throughout the entirety of the postgraduate supervised professional experience at a ratio of one hour of clinical supervision for each 15 hours of direct client contact, specified as follows:
(1) At least 50 hours of one-on-one, individual supervision occurring with the supervisor and supervisee in the same physical space;
(2) at least 100 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 clinical supervision sessions per month, at least one of which shall be one-on-one, individual supervision.
(b) The clinical supervisor of a person attaining the postgraduate supervised professional experience required for licensure as a clinical psychotherapist, at the time of providing supervision, shall meet one of the following qualifying provisions:
(1) The clinical supervisor shall be a person licensed as a psychologist.
(2) The clinical supervisor shall be a person who is currently licensed in the state of Kansas as a clinical psychotherapist and, beginning July 1, 2003, who has practiced as a clinical psychotherapist for two years beyond the supervisor's licensure date.
(3) The clinical supervisor shall be a person with qualifications substantially equivalent to the requirements for licensure in the state of Kansas as a clinical psychotherapist with no fewer than two years of experience in the practice of master's level psychology beyond the date of the supervisor's registration, certification, or licensure that is acceptable to the board.
(c) In addition to the requirements of subsection (b), each clinical supervisor shall meet these requirements:
(1) Have professional authority over and responsibility for the supervisee's clinical functioning in the practice of master's level psychology;
(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 procedure of the supervisee's practice setting; and
(7) be a member of the practice setting staff or meet the requirements of subsection (d).
(d) 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 sound 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.
(e) Each clinical supervisor shall perform the following duties:
(1) Provide oversight, guidance, and direction of the supervisee's clinical practice of master's level psychology 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 a board-approved form 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 master's level psychology under supervision.
(f) 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 master's level psychology 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 clinical 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.
(g) Supervised practicum hours completed in a doctoral program of study that is primarily psychological in content may be approved by the board toward the postgraduate supervised professional experience requirements for licensure as a clinical psychotherapist if the applicant meets both of the following qualifications:
(1) The applicant received a master's degree in psychology or clinical psychology and met the coursework, program, and college or university requirements provided in K.A.R. 102-4-3a before completing the doctoral practicum hours.
(2) The applicant's doctoral-level practicum fully met the requirements provided in subsections (a), (b), (c), and (e).
(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. 74-5363; effective March 27, 1998; amended Aug. 4, 2000; amended Aug. 13, 2004.)
102-4-8. Revoked.
(Authorized by and implementing K.S.A. 1987 Supp. 74-5370; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; revoked Dec. 19, 1997.)
102-4-8a. Revoked.
(Authorized by K.S.A. 1996 Supp. 74-7507; implementing K.S.A. 1996 Supp. 74-5363 and 74-5369; effective Dec. 19, 1997; revoked June8, 2007.)
102-4-9. Revoked.
(Authorized by K.S.A. 1987 Supp. 74-5370; implementing K.S.A. 1987 Supp. 74-5364 and 74-5366; effective, T- 102-2-23-89; Feb. 23, 1989; effective April 3, 1989; revoked Dec. 19, 1997.)
102-4-9a. Renewal and reinstatement.
(a) To be considered for license renewal, each licensed master's level psychologist and each licensed clinical psychotherapist shall submit the following items to the board:
(1) A completed renewal application;
(2) the continuing education, reporting form; and
(3) the fee prescribed in K.A.R. 102-4-2.
(b) If the application for renewal, the continuing education reporting form, and payment of the required fee are not submitted before the license expires, the license may be reinstated by the deadlines as provided in K.S.A. 74-5366, and amendments thereto, upon payment of the required renewal fee, plus the late charge set forth in K.A.R. 102-4-2, and proof satisfactory to the board of compliance with the continuing education requirements. Each applicant who fails to meet the statutory deadlines for reinstatement may submit a new licensure application as provided in K.A.R. 102-4-4a.
(c) At the time of application for reinstatement, each applicant shall submit a reinstatement application, the continuing education reporting form documenting evidence of the satisfactory completion, within the 24 months immediately before application of the required continuing education hours, and the fee prescribed in K.A.R. 102-4-2.
(d) Each individual who holds a license but who fails to renew the license before the license expires, and who thereafter applies for renewal of the license, shall indicate on the reinstatement application form whether or not the individual has continued to engage in the practice of psychology in Kansas, or has continued to use the authorized licensure title or abbreviation after the expiration of the license and, if so, under what circumstances.
(Authorized by K.S.A. 74-7507; implementing K.S.A. 74-5365, 74-5366, 74-5369, and 74-5371; effective Dec. 19, 1997; amended July 11, 2003.)
102-4-9b. Renewal audit.
(a) A random audit of the
continuing education documentation for 10 percent of the
master’s level psychologist licenses and the clinical psychotherapist
licenses expiring each month shall be conducted
by the board.
(b) Each licensee selected for the random audit shall be
notified in writing after the board has received the licensee’s
renewal application form required by K.A.R. l02-4-9a.
(c) Upon board notification, each renewal applicant
shall submit the following to the board within 30 days
after the license expiration date:
(1) The completed renewal audit forms; and
(2) the original continuing education documents that
validate all continuing education units claimed for credit
during the current renewal period.
(d) Continuing education units that a renewal applicant
earns after board receipt of the renewal application form
shall not be approved for continuing education credit for
the current renewal period.
(e) Failure to comply with this regulation shall be considered
unprofessional conduct.
(Authorized by and implementing
K.S.A. 74-5365 and K.S.A. 2007 Supp. 74-7507; effective Feb. 13, 2009.)
102-4-10. Revoked.
(Authorized by K.S.A. 74-5370; implementing K.S.A. 74-5364; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; amended Aug. 13, 1990; amended May 30, 1995; revoked Dec. 19, 1997.)
102-4-10a. Continuing education for licensees.
(a) During each two-year renewal period, each licensee shall complete 50 hours of documented and board-approved continuing education oriented to the enhancement of a master’s level psychologist’s practice, values, ethics, skills, or knowledge. Continuing education hours accumulated in excess of the required 50 hours shall not be carried over to the next renewal period.
(b) Professional ethics continuing education requirement. During each two-year renewal period and as a part of the required continuing education hours, each licensee shall complete a program on professional ethics consisting of at least three continuing education hours of formal training in ethics. These hours shall be obtained from any of the activities specified in paragraphs (e)(1), (e)(2), (e)(3), and (e)(4).
(c) Diagnosis and treatment continuing education requirement. During each two-year renewal period and as a part of the required continuing education hours, each licensee shall complete a program on diagnosis and treatment consisting of at least six continuing education hours of formal training in diagnosis and treatment. These hours shall be obtained from any of the activities specified in paragraphs (e)(1), (e)(2), (e)(3), and (e)(4).
(d) Continuing education credit for approved programs shall be awarded on the basis of one continuing education hour for each 50 minutes actually spent in attendance at instructional activities. One-quarter continuing education hour shall be awarded for attendance of at least 15 but fewer than 30 minutes. Continuing education credit shall not be granted for fractional units of fewer than 15 minutes.
(e) Acceptable continuing education, whether taken within the state or outside the state, shall include the following:
(1) Activities that are sponsored, accredited, or conducted by educational institutions, by professional associations, or by private institutions that are nationally or regionally accredited for education or training. The maximum number of hours allowed shall be 50;
(2) activities conducted by agencies, groups, and continuing education providers that do not meet the requirements of national or regional accreditation, if the content is clearly related to the enhancement of psychology practice, skills, knowledge, values, or ethics. The maximum number of hours allowed shall be 50;
(3) academic psychology courses that are either taken for academic credit or audited. For courses taken for academic credit, 15 continuing education hours shall be granted for each semester credit hour that is successfully completed. Quarter hours shall be granted according to K.A.R. 102-4-1a(u). For academic courses that are audited, one continuing education hour shall be granted for each hour of actual classroom attendance and participation. The maximum number of hours allowed shall be 50;
(4) seminars, institutes, workshops, or mini-courses. The maximum number of hours allowed shall be 50;
(5) cross-disciplinary offerings 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 offerings are clearly related to the enhancement of a master’s level psychologist’s practice, values, skills, ethics, or knowledge. The maximum number of hours allowed shall be 20;
(6) the first-time presentation of courses, workshops, or other formal training activities, if the content is clearly related to the enhancement of psychology practice, values, skills, ethics, or knowledge. For each first-time presentation, a maximum of 10 continuing education hours may be approved. If more than one master’s level psychologist or other professional gave the presentation, the continuing education credit shall be prorated among the presenters. The maximum number of hours allowed shall be 15;
(7) the first-time publication of a psychology article in a juried professional journal or first-time publication of a book chapter in a psychology text. For each first-time publication, a maximum of 10 continuing education hours may be approved. If more than one master’s level psychologist or other professional authored the article or book chapter, the continuing education credit shall be prorated among the authors. The maximum number of hours allowed shall be 20;
(8) if a posttest is 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 hours allowed shall be 40;
(9) 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 hours allowed shall be 10;
(10) supervision of undergraduate or graduate practicum or intern students, applicants for licensure as master’s level psychologists, or other professional mental health practitioners for which the maximum number of hours allowed shall be 20. Continuing education credit for providing this supervision shall not exceed a total of five hours per semester;
(11) self-directed learning projects preapproved by the board. The maximum number of hours allowed shall be 10;
(12) participation in quality care activities that may include client diagnosis review conferences, client staffings, treatment utilization review, peer or supervisory reviews, case consultations with other professional staff, or participation in formal quality-assurance activities. The maximum number of hours allowed shall be five;
(13) holding office or serving on a committee in a professional organization, if the organization’s goals are clearly related to the enhancement of psychology practice, values, skills, ethics, or knowledge. The maximum number of hours allowed shall be 10; and
(14) receiving personal psychotherapy from a licensed or certified mental health provider that is part of a designated training program. The maximum number of hours allowed shall be five.
(f) In determining whether or not a claimed continuing education activity shall be allowed, the master’s level psychologist may be required by the board to satisfactorily demonstrate that the content was clearly related to psychology, or to provide verification of the master’s level psychologist’s participation in any claimed or reported activity. If a master’s level psychologist fails to comply with this requirement, the claimed credit may be disallowed by the board.
(g) Continuing education approval shall not be granted for any of the following activities:
(1) First aid, 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 psychology practice, values, skills, ethics, or knowledge.
(h) Each licensee shall maintain individual continuing education records. Continuing education records shall document the licensee’s continuing education activity attendance, participation, or completion as defined by K.A.R. 102-4-11a. These records may be required to be submitted to the board at least 30 days before the expiration date of each current licensure period or upon a random audit.
(Authorized by K.S.A. 2007 Supp. 74-7507; implementing K.S.A. 74-5365, K.S.A. 2007 Supp. 74-5366, and K.S.A. 2007 Supp. 74-7507; effective Dec. 19, 1997; amended, T-102-7-8-99, July 8, 1999; amended Oct. 29, 1999; amended July 11, 2003; amended Dec. 19, 2008.)
102-4-11. Revoked.
(Authorized by and implementing K.S.A. 1987 Supp. 74-5370; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; revoked Dec. 19, 1997.)
102-4-11a. Documentation for continuing education.
Any of the following original, signed forms of documentation shall be accepted as proof of completion of a continuing education activity:
(a) a passing course grade for an academic credit course;
(b) a statement signed by the instructor and indicating the actual hours attended for an audited academic course;
(c) a signed statement of attendance from the provider of the institute, symposium, workshop, or seminar;
(d) a copy of the article or book chapter and verification of publication or written presentation at a professional meeting. These materials shall be submitted to the board for evaluation and certification of the number of hours of credit to be granted;
(e) a copy of the academic course syllabus and verification that the course was presented;
(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 workshop, seminar, or program was presented;
(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 provided supervision of undergraduate or graduate students, or from the supervisee that the licensee provided supervision;
(i) a copy of the self-directed project. This copy shall be submitted to the board for prior evaluation and certification of the number of credit hours to be granted upon the satisfactory completion of the project;
(j) the media format, content title, presenter or sponsor, content description, run time, and activity date when videotapes, audiotapes, computerized interactive learning modules, or telecasts were utilized for continuing education purposes; or
(k) a signed and dated statement from a sponsor, agency administrator, provider or other individual acceptable to the board that verifies the licensee's attendance, participation in, or completion of the continuing education activity.
(Authorized by K.S.A. 1996 Supp. 74-7507; implementing K.S.A. 1996 Supp. 74-5365 and 74-5366; effective Dec. 19, 1997.)
102-4-12. Unprofessional conduct.
(a) Any license may be suspended, limited, conditioned, qualified, restricted, revoked, not issued, or not renewed upon a finding of that unprofessional conduct has occurred.
(b) Any of the following acts by a licensed master’s level psychologist, a licensed clinical psychotherapist, or an applicant for licensure at the master’s level of psychology shall constitute unprofessional conduct:
(1) Obtaining or attempting to obtain a license or registration for oneself or another by means of fraud, bribery, deceit, misrepresentation, or concealment of a material fact;
(2) except when such information has been obtained in the context of confidentiality, failing to notify the board, within a reasonable period of time, that any person regulated by the board or applying for a license or registration, including oneself, has met any of the following conditions:
(A) 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, voluntarily surrendered, or allowed to expire in lieu of or during 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 from employment, 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 regulating 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) having been convicted of a crime resulting from or relating to the licensee’s practice of master’s level psychology;
(6) furthering the licensure or registration application of another person who is known or reasonably believed to be unqualified with respect to character, education, or other relevant eligibility requirements;
(7) knowingly aiding or abetting anyone who is not credentialed by the board to represent that individual as a person who 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) failing or refusing to cooperate in a timely manner with any request from the board for a response, information, or assistance with respect to the board’s investigation of any report of an alleged violation filed against oneself or any other applicant or professional who is required to be 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 one’s training, education, or experience or with 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 professional 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 the 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, supervisee, or student of any financial interests that might accrue to the master’s level psychologist or clinical psychotherapist from referral to any other service or from the use of 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 provide each client or the client’s legal representative with access to the client’s records following the receipt of a formal written request, unless the release of this information is restricted or exempted by law, or when the disclosure of this information is precluded for a sufficiently compelling reason;
(19) failing to inform each client, supervisee, or student of the limits of client confidentiality, the purposes for which the information is obtained, and the manner in which the information may be used;
(20) 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 or safety of an individual or the public; or
(C) the master’s level psychologist or clinical psychotherapist is a party to a civil, criminal, or disciplinary investigation or action arising from the practice of psychology, in which case disclosure is limited to that action;
(21) failing to obtain written, informed consent from each client, or the client’s legal representative or representatives, before performing any of the following actions:
(A) Electronically recording sessions with that client;
(B) permitting a third-party observation of their activities; or
(C) releasing information concerning a client to a third person, except as required or permitted by law;
(22) failing to protect the confidences of, secrets of, or information concerning other persons when providing a client with access to that client’s records;
(23) failing to exercise due diligence in protecting the information regarding and the confidences and secrets of the client from disclosure by other persons in one’s work or practice setting;
(24) engaging in professional activities, including billing practices and advertising, involving dishonesty, fraud, deceit, or misrepresentation;
(25) using alcohol or illegally using any controlled substance while performing the duties or services of a master’s level psychologist or clinical psychotherapist;
(26) making sexual advances toward or engaging in physical intimacies or sexual activities with one’s client, supervisee, or student;
(27) 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;
(28) exercising undue influence over any client, supervisee, or student, 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;
(29) directly or indirectly offering or giving to a third party or soliciting, receiving, or agreeing to receive from a third party any fee or other consideration for the referral of the client or in connection with the performance of psychological or other professional services;
(30) directly receiving or agreeing to receive a fee or any other consideration from a client or from any third party for or in connection with the performance of psychological services, other than from an authorized employer in an employment situation as specified in this act;
(31) soliciting or assuming professional responsibility for clients of another agency or colleague without attempting to coordinate continuity of client services with that agency or colleague;
(32) making claims of professional superiority that one cannot substantiate;
(33) guaranteeing that satisfaction or a cure will result from the performance of psychological services;
(34) claiming or using any secret or special method of treatment or techniques that one refuses to disclose to the board;
(35) continuing or ordering tests, procedures, or treatments or using treatment facilities or services not warranted by the condition, best interests, or preferences of the client;
(36) failing to maintain a record for each client that conforms to the following minimal requirements:
(A) Contains adequate identification of the client;
(B) indicates the client’s initial reason for seeking the master’s level psychologist’s or clinical psychotherapist’s services;
(C) contains pertinent and significant information concerning the client’s condition;
(D) summarizes the intervention, treatment, tests, procedures, and services that were obtained, performed, ordered, or recommended and the findings and results of each;
(E) documents the client’s progress during the course of intervention or treatment provided by the master’s level psychologist or clinical psychotherapist;
(F) is legible;
(G) contains only those terms and abbreviations that are comprehensible to similar professional practitioners;
(H) indicates the date and nature of any professional service that was provided; and
(I) describes the manner and process by which the professional relationship terminated;
(37) taking credit for work not personally performed, whether by giving inaccurate or misleading information or by failing to disclose accurate or material information;
(38) if engaged in research, failing to fulfill these requirements:
(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 the consent of each participant is voluntary and informed; and
(D) preserve the privacy and protect the anonymity of each subject of the research within the terms of informed consent;
(39) making or filing a report that one knows to be false, distorted, erroneous, incomplete, or misleading;
(40) failing to notify the client promptly when termination or interruption of service to the client is anticipated;
(41) 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;
(42) abandoning employment under circumstances that seriously impair the delivery of professional care to clients and without providing reasonable notice to the employer;
(43) failing to terminate the master’s level psychology or clinical psychotherapy services when it is apparent that the relationship no longer serves the client’s needs or best interests;
(44) if the master’s level psychologist or clinical psychotherapist is the owner or custodian of client records, failing to retain those records for at least two years after the date of termination of the professional relationship, unless otherwise provided by law;
(45) supervising in a negligent manner anyone for whom one has supervisory responsibility;
(46) failing to inform a client if master’s level psychology or clinical psychotherapy services are provided or delivered under supervision;
(47) engaging in a dual relationship with a client, student, or supervisee;
(48) failing to inform the proper authorities as required by K.S.A. 38-2223, and amendments thereto, that one knows or has reason to believe that a client has been involved in harming or has harmed a child, whether by physical, mental, or emotional abuse or neglect or by sexual abuse;
(49) failing to inform the proper authorities as required by K.S.A. 39-1402, and amendments thereto, that one knows or has reason to believe that any of the following circumstances apply to a resident, as defined by K.S.A. 39-1401(a) and amendments thereto:
(A) Has been or is being abused, neglected, or exploited;
(B) is in a condition that is the result of abuse, neglect, or exploitation; or
(C) is in need of protective services;
(50) failing to inform the proper authorities as required by K.S.A. 39-1431, and amendments thereto, that one knows or has reason to believe that any of the following circumstances apply to an adult, as defined in K.S.A. 39-1430 and amendments thereto:
(A) Is being or has been abused, neglected, or exploited;
(B) is in a condition that is the result of abuse, neglect, or exploitation; or
(C) is in need of protective services;
(51) intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing the filing of a report or record required by state or federal law, or inducing another person to take any of those actions;
(52) offering to perform or performing any service, procedure, or therapy that, by the accepted standards of professional practice in the community, would constitute 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;
(53) practicing master’s level psychology or clinical psychotherapy in an incompetent manner;
(54) practicing as a master’s level psychologist or clinical psychotherapist after one’s license expires;
(55) using without a license, or continuing to use after the expiration of a license, any title or abbreviation prescribed by law for use solely by persons currently holding that type or class of license;
(56) offering to provide or providing services in an employment situation other than that which is permitted by K.S.A. 74-5362, and amendments thereto, as an independent, contract, or private provider of psychological services;
(57) practicing without adequate direction from a person authorized in K.S.A. 74-5362 and amendments thereto; and
(58) violating any provision of this act or any regulation adopted under the act.
(Authorized by K.S.A. 2007 Supp. 74-7507; implementing K.S.A. 74-5362 and K.S.A. 2007 Supp. 74-5369; effective Dec. 19, 1997; amended Jan. 9, 2004; amended Aug. 8, 2008.)
102-4-13. Use of computerized psychological tests.
(a) To utilize computers in any aspect of psychological testing, each master's level psychologist shall consider each of the following issues in testing each client:
(1) whether or not a particular test is appropriate for a particular client;
(2) whether or not the computerized version of a test is appropriate for use by a particular client;
(3) whether or not the evaluation, validity, and reliability of the decision rules underlying interpretive statements and their supporting research are effective and adequate;
(4) whether or not the integration of findings is correct; and
(5) whether or not the conclusions and recommendations are appropriate.
(b) To utilize computers in any aspect of psychological testing, the master's level psychologist shall also meet all of the following requirements:
(1) Conform to the "standards for educational and psychological testing,'' as copyrighted by the American psychological association in 1985 and reprinted in July 1996, that are hereby adopted by reference;
(2) not use the results of a computerized test in decision making about clients or make such results part of official client records, unless the results are signed by the master's level psychologist utilizing the test;
(3) be involved in a direct, supervisory, or consultative relationship to the client or to those persons using test findings for decision making regarding the client;
(4) assume the same degree of responsibility for the validity and reliability of interpretive statements and soundness of inferences, judgments, and recommendations based on computer-generated test results as would be assured if the master's level psychologist had personally examined the client; and
(5) make an explicit statement concerning the report as to whether or not the master's level psychologist has seen or examined the client in person.
(Authorized by and implementing K.S.A. 1996 Supp. 74-7507; effective Dec. 19, 1997.)
102-4-14. Licensee consult with physician when determining symptoms of mental disorders.
(a) "Consult,'' as used in K.S.A. 74-5362 and K.S.A. 74-5363, 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 contract arrangement that involves a person licensed to practice medicine and surgery for review of mental health treatment, a physician consult may be completed through medical involvement completed in accordance with the established procedure of the setting or with the contract 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. 74-5362, as amended by L. 1999, Ch. 117, Sec. 30 and K.S.A. 1999 Supp. 74-5363, as amended by L. 1999, Ch. 117, Sec. 32; effective Aug. 4, 2000.)
102-4-15. 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. 74- 5361, 74-5363, and K.S.A. 2004 Supp. 74-7507; implementing K.S.A. 74-5363; effective Aug. 4, 2000; amended April 22, 2005.)
102-4-16. Services rendered to individuals located in this state.
Except as authorized by K.S.A. 74-5373, 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 master’s level psychology or clinical psychotherapy in this state and shall be required to have a license, issued by the board, to practice psychology as a licensed clinical psychotherapist or licensed master’s level psychologist:
(a) performs any act included in subsection (a) of K.S.A. 74-5361, and amendments thereto, on or for one or more individuals located in this state; or
(b) represents oneself to be a master’s level psychologist or clinical psychotherapist available to perform any act included in subsection (a) of K.S.A. 74-5361, and amendments thereto, on or for one or more individuals located in this state.
(Authorized by K.S.A. 74-5370 and K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 1999 Supp. 74-5371, as
amended by L. 1999, Ch. 117, § 35; effective May 11, 2001.)
Amended February 2009
Behavioral Sciences Regulatory Board
K.S.A. 74-7501 to 74-7510
The Board Act
Chapter 74.--STATE BOARDS, COMMISSIONS AND AUTHORITIES
Article 75.--BEHAVIORAL SCIENCES REGULATORY BOARD
74-7501. Behavioral sciences regulatory board created; composition; appointment; terms, organization; compensation and expenses; executive director and other employees.
(a) There is hereby created a behavioral sciences regulatory board consisting of 11 members appointed by the governor. The membership of the board shall be as follows: Two members of the board shall be licensed psychologists; two members of the board shall be licensed to engage in the practice of social work; one member of the board shall be a professional counselor; one member of the board shall be a marriage and family therapist and one member of the board shall be a registered masters level psychologist who on January 1, 1997, will become a licensed masters level psychologist; and four members of the board shall be from and represent the general public. Each member of the board shall be a citizen of the United States and a resident of this state.
(b) The term of office of each member of the board shall be four years, except that the term of office of the new members appointed pursuant to this act, one member shall be appointed for a term of two years, one member shall be appointed for a term of three years and two members shall be appointed for terms of four years. The governor shall designate the term of office for each member appointed to the board pursuant to this act. No member of the board shall be appointed for more than two successive terms. Upon the expiration of a member's term of office, the governor shall appoint a qualified successor. Each member shall serve until a successor is appointed and qualified. Whenever a vacancy occurs in the membership of the board prior to the expiration of a term of office, the governor shall appoint a qualified successor to fill the unexpired term. The governor may remove any member of the board for misconduct, incompetency or neglect of duty.
(c) The board shall organize annually at its first meeting subsequent to June 30 and shall select from its members a chairperson and a vice-chairperson. Other meetings shall be held as the board designates. A majority of members appointed to the board shall constitute a quorum for the transaction of business.
(d) The board may appoint an executive director who shall be in the unclassified service of the Kansas civil service act and shall receive an annual salary fixed by the board, subject to approval by the governor. The board may employ clerical personnel and other assistants, all of whom shall be in the classified service under the Kansas civil service act. The board may make and enter into contracts of employment with such professional personnel as necessary, in the board's judgment, for the performance of its duties and functions and the execution of its powers.
(e) Members of the behavioral sciences regulatory board attending meetings of the board, or attending a subcommittee meeting thereof authorized by the board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
History: L. 1980, ch. 242, § 1; L. 1981, ch. 299, § 61; L. 1982, ch. 347, § 48; L. 1986, ch. 299, § 41; L. 1988, ch. 304, § 3; L. 1990, ch. 286, § 7; L. 1992, ch. 116, § 39; L. 1996, ch. 153, § 42; July 1.
74-7502. Abolition of state board of examiners of psychologists and board of social work examiners; transfer of powers, duties and functions to behavioral sciences regulatory board; rules and regulations preserved.
(a) On July 1, 1980, the following boards are hereby abolished:
(1) The state board of examiners of psychologists created by K.S.A. 1979 Supp. 74-5303; and
(2) the board of social work examiners created by K.S.A. 1979 Supp. 75-5349.
(b) All of the powers, duties and functions of the boards designated in subsection (a) and all of the powers, duties and functions of the secretary of social and rehabilitation services under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, are hereby transferred to and conferred and imposed upon the behavioral sciences regulatory board.
(c) The behavioral sciences regulatory board shall be the successor in every way to the powers, duties and functions of the boards designated in subsection (a) and to the powers, duties and functions of the secretary of social and rehabilitation services under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, in which the same were vested prior to the effective date of this act, except as otherwise provided by this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the behavioral sciences regulatory board shall be deemed to have the same force and effect as if performed by the boards designated in subsection (a) or by the secretary of social and rehabilitation services under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, in which the same were vested prior to the effective date of this act.
(d) Whenever the boards designated in subsection (a), or words of like effect, and the secretary of social and rehabilitation services in regard to the powers, duties and functions of the secretary under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the behavioral sciences regulatory board.
(e) All rules and regulations of the boards designated in subsection (a) and rules and regulations of the secretary of social and rehabilitation services adopted under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the behavioral sciences regulatory board, until revised, amended, revoked or nullified pursuant to law. The board shall review such rules and regulations and shall adopt new rules and regulations, if necessary, pursuant to K.S.A. 77-415 et seq., and amendments thereto.
(f) The behavioral sciences regulatory board shall be a continuation of the boards designated in subsection (a).
History: L. 1980, ch. 242, § 2; July 1.
74-7503. Transfer of certain officers and employees to board; civil service and retirement rights preserved; transfer of records and property; disposition of conflicts.
(a) On July 1, 1980, officers and employees who were engaged prior to such date in the performance of powers, duties and functions of the boards designated in subsection (a) of K.S.A. 74-7502 or in assisting the secretary of social and rehabilitation services to carry out the provisions of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, and who, in the opinion of the behavioral sciences regulatory board are necessary to perform the powers, duties and functions of the behavioral sciences regulatory board shall become officers and employees of the behavioral sciences regulatory board and shall retain all retirement benefits and all rights of civil service which such officer or employee had before July 1, 1980, and their service shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified civil service shall be in accordance with civil service laws and rules and regulations.
(b) All books, records and other property of the boards designated in subsection (a) of K.S.A. 74-7502 and of the department of social and rehabilitation services maintained in the course of administering the provisions of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, are hereby transferred to the behavioral sciences regulatory board on the effective date of this act.
(c) Whenever any conflict arises as to the proper disposition of any property or records as a result of any abolishment or transfer made under this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History: L. 1980, ch. 242, § 3; July 1.
74-7504. Rights preserved in legal actions and proceedings.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any board designated in subsection (a) of K.S.A. 74-7502 or under the provisions of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the taking effect of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the behavioral sciences regulatory board.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1980, ch. 242, § 4; July 1.
74-7505. Abolition of fee funds; transfer of moneys and liabilities to behavioral sciences regulatory board fee fund.
The psychologists fee fund, established by K.S.A. 1979 Supp. 74-5346, and the social work examiners fee fund, established by K.S.A. 1979 Supp. 75-5359, are hereby abolished. On the effective date of this act the director of accounts and reports shall transfer all moneys in such funds to the behavioral sciences regulatory board fee fund established by this act. On the effective date of this act, all liabilities of the psychologists fee fund, established by K.S.A. 1979 Supp. 74-5346, and the social work examiners fee fund, established by K.S.A. 1979 Supp. 75-5359, existing immediately prior to the effective date of this act are hereby transferred to and imposed on the behavioral sciences regulatory board fee fund.
History: L. 1980, ch. 242, § 5; July 1.
74-7506. Disposition of moneys received; behavioral sciences regulatory board fee fund established; approval of expenditures.
The behavioral sciences regulatory board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Twenty percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the behavioral sciences regulatory board fee fund, which is hereby established. All expenditures from the behavioral sciences regulatory board fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the behavioral sciences regulatory board or by a person or persons designated by the chairperson.
History: L. 1980, ch. 242, § 6; L. 2001, ch. 5, § 339; July 1.
74-7507. Powers, duties and functions of board.
The behavioral sciences regulatory board shall have the following powers, duties and functions:
(1) Recommend to the appropriate district or county attorneys prosecution for violations of this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, K.S.A 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, the marriage and family therapists licensure act or the alcohol and other drug abuse counselor registration act;
(2) compile and publish annually a list of the names and addresses of all persons who are licensed under this act, are licensed under the licensure of psychologists act of the state of Kansas, are licensed under the professional counselors licensure act, are licensed under K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, are licensed under K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, are licensed under the marriage and family therapists licensure act or are registered under the alcohol and other drug abuse counselor registration act;
(3) prescribe the form and contents of examinations required under this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, the marriage and family therapists licensure act or the alcohol and other drug abuse counselor registration act;
(4) enter into contracts necessary to administer this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, the marriage and family therapists licensure act or the alcohol and other drug abuse counselor registration act;
(5) adopt an official seal;
(6) adopt and enforce rules and regulations for professional conduct of persons licensed under the licensure of psychologists act of the state of Kansas, licensed under the professional counselors licensure act, licensed under K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, licensed under K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, licensed under the marriage and family therapists licensure act or registered under the alcohol and other drug abuse counselor registration act;
(7) adopt and enforce rules and regulations establishing requirements for the continuing education of persons licensed under the licensure of psychologists act of the state of Kansas, licensed under the professional counselors licensure act, licensed under K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, licensed under K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, licensed under the marriage and family therapists licensure act or registered under the alcohol and other drug abuse counselor registration act;
(8) adopt rules and regulations establishing classes of social work specialties which will be recognized for licensure under K.S.A. 65-6301 to 65-6318, inclusive, and amendments thereto;
(9) adopt rules and regulations establishing procedures for examination of candidates for licensure under the licensure of psychologists act of the state of Kansas, for licensure under the professional counselors licensure act, for licensure under K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, for licensure under K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A.2003 Supp. 74-5375, and amendments thereto, for licensure under the marriage and family therapists licensure act, for registration under the alcohol and other drug abuse counselor registration act and for issuance of such certificates and such licenses;
(10) adopt rules and regulations as may be necessary for the administration of this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, the marriage and family therapists licensure act and the alcohol and other drug abuse counselor registration act and to carry out the purposes thereof;
(11) appoint an executive director and other employees as provided in K.S.A. 74-7501 and amendments thereto; and
(12) exercise such other powers and perform such other functions and duties as may be prescribed by law.
(b) The behavioral sciences regulatory board, in addition to any other penalty, may assess an administrative penalty, after notice and an opportunity to be heard, against a licensee or registrant for a violation of any of the provisions of the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, K.S.A. 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, the marriage and family therapists licensure act or the alcohol and other drug abuse counselor registration act in an amount not to exceed $1,000. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215 and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(c) If an order of the behavioral sciences regulatory board is adverse to a licensee or registrant of the board, the costs shall be charged to such person as in ordinary civil actions in the district court in an amount not to exceed $200. The board shall pay any additional costs and, if the board is the unsuccessful party, the costs shall be paid by the board. Witness fees and costs may be taxed in accordance with statutes governing taxation of witness fees and costs in the district court.
History: L. 1980, ch. 242, § 7; L. 1986, ch. 299, § 42; L. 1987, ch. 315, § 17; L. 1991, ch. 114, § 15; L. 1992, ch.
184, § 7; L. 1996, ch. 153, § 43; Jan. 1, 1997, L. 2004, ch. 16 § 5, July 1, 2004.
74-7508. Investigations by board; access to documents and other evidence; oaths and testimony; subpoenas; confidentiality of information; exceptions; client or patient communications.
(a) In connection with any investigation, based upon a written complaint or other reasonably reliable written information, by the behavioral sciences regulatory board, the board or its duly authorized agents or employees shall at all reasonable times have access to, for the purpose of examination, and the right to copy any document, report, record or other physical evidence of any person being investigated, or any document, report, record or other evidence maintained by and in possession of any clinic or office of a practitioner of the behavioral sciences, or other public or private agency if such document, report, record or other physical evidence relates to practices which may be grounds for disciplinary action.
(b) In all matters pending before the behavioral sciences regulatory board, the board shall have the power to administer oaths and take testimony. For the purpose of all investigations and proceedings conducted by the behavioral sciences regulatory board:
(1) The board may issue subpoenas compelling the attendance and testimony of witnesses or the production for examination or copying of documents, reports, records or any other physical evidence if such documents, reports, records or other physical evidence relates to practices which may be grounds for disciplinary action. Within five days after the service of the subpoena on any person requiring the production of any documents, reports, records or other physical evidence in the person's possession or under the person's control, such person may petition the board to revoke, limit or modify the subpoena. The board shall revoke, limit or modify such subpoena if in its opinion the documents, reports, records or other physical evidence required does not relate to practices which may be grounds for disciplinary action, is not relevant to the allegation which is the subject matter of the proceeding or investigation, or does not describe with sufficient particularity the documents, reports, records or other physical evidence which is required to be produced. Any member of the board, or any agent designated by the board, may administer oaths or affirmations, examine witnesses and receive such documents, reports, records or other physical evidence.
(2) The district court, upon application by the board or by the person subpoenaed, shall have jurisdiction to issue an order:
(A) Requiring such person to appear before the board or the board's duly authorized agent to produce documents, reports, records or other physical evidence relating to the matter under investigation; or
(B) revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to practices which may be grounds for disciplinary action, is not relevant to the allegation which is the subject matter of the hearing or investigation or does not describe with sufficient particularity the documents, reports, records or other physical evidence which is required to be produced.
(3) (A) If the board determines that an individual has practiced without a valid license a profession regulated by the board for which the practitioners of the profession are required by law to be licensed in order to practice the profession, in addition to any other penalties imposed by law, the board, in accordance with the Kansas administrative procedure act, may issue a cease and desist order against such individual.
(B) Whenever in the judgment of the behavioral sciences regulatory board any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of K.S.A. 65-6301 to 65-6320, inclusive, and amendments thereto, 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments thereto, the licensure of psychologists act, the marriage and family therapists licensure act or the alcohol and other drug abuse counselor registration act, or any valid rule or regulation of the board, the board may make application to any court of competent jurisdiction for an order enjoining such acts or practices, and upon a showing by the board that such person has engaged, or is about to engage in any such acts or practices, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court without bond.
(c) Any complaint or report, record or other information relating to a complaint which is received, obtained or maintained by the behavioral sciences regulatory board shall be confidential and shall not be disclosed by the board or its employees in a manner which identifies or enables identification of the person who is the subject or source of the information except the information may be disclosed:
(1) In any proceeding conducted by the board under the law or in an appeal of an order of the board entered in a proceeding, or to any party to a proceeding or appeal or the party's attorney;
(2) to the person who is the subject of the information or to any person or entity when requested by the person who is the subject of the information, but the board may require disclosure in such a manner that will prevent identification of any other person who is the subject or source of the information; or
(3) to a state or federal licensing, regulatory or enforcement agency with jurisdiction over the subject of the information or to an agency with jurisdiction over acts or conduct similar to acts or conduct which would constitute grounds for action under this act. Any confidential complaint or report, record or other information disclosed by the board as authorized by this section shall not be redisclosed by the receiving agency except as otherwise authorized by law.
(d) Nothing in this section or any other provision of law making communications between a practitioner of one of the behavioral sciences and the practitioner's client or patient a privileged or confidential communication shall apply to investigations or proceedings conducted pursuant to this section. The behavioral sciences regulatory board and its employees, agents and representatives shall keep in confidence the content and the names of any clients or patients whose records are reviewed during the course of investigations and proceedings pursuant to this section.
(e) In all matters pending before the behavioral sciences regulatory board, the board shall have the power to revoke the license or registration of any licensee or registrant who voluntarily surrenders such person's license or registration pending investigation of misconduct or while charges of misconduct against the licensee are pending or anticipated.
(f) In all matters pending before the behavioral sciences regulatory board, the board shall have the option to censure the licensee or registrant in lieu of other disciplinary action.
History: L. 1980, ch. 242, § 8; L. 2001, ch. 154, § 1; L. 2004 ch. 16, § 6, July 1, 2004.
74-7509. Existing certificates and licenses continued in effect.
All licenses issued prior to the effective date of this act under K.S.A. 75-5340 to 75-5361, inclusive, and amendments thereto, shall continue in force and effect until the expiration thereof as provided immediately prior to the effective date of this act under the provisions of the act under which such license was issued. All certificates issued prior to the effective date of this act under the certification of psychologists act of the state of Kansas shall continue in force and effect until the expiration thereof as provided immediately prior to the effective date of this act under the provisions of the act under which such certificates were issued.
History: L. 1980, ch. 242, § 26; July 1.
74-7510. Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions.
(a) No person reporting to the behavioral sciences regulatory board in good faith and without malice any information such person may have relating to alleged incidents of malpractice, or the qualifications, fitness or character of, or disciplinary action taken against, a person licensed or registered by the board shall be subject to a civil action for damages as a result of reporting such information.
(b) Any state, regional or local association composed of persons licensed or registered to practice in a field governed by the behavioral sciences regulatory board and the individual members of any committee thereof, which in good faith and without malice investigates or communicates information pertaining to fitness or character of, or disciplinary action taken against, any licensee, registrant or certificate holder to the behavioral sciences regulatory board or to any committee or agent thereof, shall be immune from liability in any civil action that is based upon such investigation or transmittal or information if the investigation and communication was made in good faith and without malice and did not represent as true any matter not reasonably believed to be true.
History: L. 1989, ch. 276, § 6; July 1.
Amended July 2004