BEHAVIORAL SCIENCES REGULATORY BOARD

Rules, Regulations, and
State Statutes Governing
Professional Counseling

Revised booklet September – 2007
Statutes last amended July – 2007
Regulations last amended October – 2006
Board Statutes last amended July – 2004

Chapter 65.—PUBLIC HEALTH
PROFESSIONAL COUNSELORS

65-5801.   Citation of act.
K.S.A. 65-5801 through 65-5816 shall be known and may be cited as the professional counselors licensure act.
History: L. 1987, ch. 315, § 1; L. 1996, ch. 153, § 1; Jan. 1, 1997.

65-5802.   Definitions.
As used in the professional counselors licensure act:
  (a) "Board'' means the behavioral sciences regulatory board created
by K.S.A. 74-7501 and amendments thereto.
  (b) "Practice of professional counseling'' means assisting an individual or group for a fee, monetary or otherwise, through counseling, assessment, consultation and referral and includes the diagnosis and treatment of mental disorders as authorized under the professional counselors licensure act.
  (c) "Professional counseling'' means to assist an individual or group to develop understanding of personal strengths and weaknesses, to re structure concepts and feelings, to define goals and to plan actions as these are related to personal, social, educational and career development and adjustment.
  (d) "Assessment'' means selecting, administering, scoring and interpreting instruments designed to describe an individual's aptitudes, abilities, achievements, interests and personal characteristics.
  (e) "Consultation'' means the application of principles, methods and techniques of the practice of counseling to assist in solving current or potential problems of individuals or groups in relation to a third party.
  (f) "Referral'' means the evaluation of information to identify problems and to determine the advisability of referral to other practitioners.
  (g) "Licensed professional counselor'' means a person who is licensed under this act and who engages in the practice of professional counseling except that on and after January 1, 2002, such person shall engage in the practice of professional counseling only under the direction of a licensed clinical professional counselor, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders.
  (h) "Licensed clinical professional counselor'' means a person who engages in the independent practice of professional counseling including the diagnosis and treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations and who is licensed under this act.
History: L. 1987, ch. 315, § 2; L. 1996, ch. 153, § 2; L. 1999, ch. 117, § 1; July 1, 2000.

65-5803.   Licensure required prior to certain acts and representations; violations misdemeanor.
  (a) No person shall engage in the practice of professional counseling or represent that such person is a licensed professional counselor, licensed counselor or professional counselor without having first obtained a license as a professional counselor under the professional counselors licensure act.
  (b) On and after the effective date of this act, no person shall engage in the practice of professional counseling as a clinical professional counselor or represent that such person is a licensed clinical professional counselor without first having obtained a license as a clinical professional counselor under the professional counselors licensure act.
  (c) Violation of this section is a class B misdemeanor.
History: L. 1987, ch. 315, § 3; L. 1996, ch. 153, § 3; L. 1999, ch. 117, § 2; July 1, 2000

65-5804.   Repealed.
History: L. 1987, ch. 315, § 4; L. 1988, ch. 243, § 14; L. 1988, ch. 263, § 1; L. 1988, ch. 245, § 4; L. 1989, ch. 276, § 1; L. 1996, ch. 153, § 4; L. 1999, ch. 108, § 1; Repealed, L. 2001, ch. 154, § 11; July 1.

65-5804a.   Application for licensure; requirements; practice of licensed clinical professional counselor; approval of colleges or universities, criteria; temporary license.
  (a) Applications for licensure as a professional counselor shall be made to the board on a form and in the manner prescribed by the board.  Each application shall be accompanied by the fee fixed under K.S.A. 65-5808 and amendments thereto.
  (b) Each applicant for licensure as a professional counselor shall furnish evidence satisfactory to the board that the applicant:
  (1) Is at least 21 years of age;
  (2) has completed 60 graduate semester hours including a graduate degree in counseling from a college or university approved by the board and which includes 45 graduate semester hours distributed among each of the following areas:
  (A) Counseling theory and practice;
  (B) the helping relationship;
  (C) group dynamics, processing and counseling;
  (D) human growth and development;
  (E) life-style and career development;
  (F) appraisal of individuals;
  (G) social and cultural foundations;
  (H) research and evaluation;
  (I) professional orientation;
  (J) supervised practicum and internship;
  (3) has passed an examination required by the board; and
  (4) has satisfied the board that the applicant is a person who merits the public trust.
  (c) (1) Applications for licensure as a clinical professional counselor shall be made to the board on a form and in the manner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant:
  (A) Is licensed by the board as a licensed professional counselor or meets all requirements for licensure as a licensed professional counselor;
  (B) has completed 15 credit hours as part of or in addition to the requirements under subsection (b) supporting diagnosis or treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, through identifiable study of the following content areas: psychopathology, diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches and professional ethics;
  (C) has completed a graduate level supervised clinical practicum of supervised professional experience including psychotherapy and assessment with individuals, couples, families or groups, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, with not less than 350 hours of direct client contact or additional postgraduate supervised experience as determined by the board;
  (D) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 4,000 hours of supervised professional experience including at least 1,500 hours of direct client contact conducting psychotherapy and assessments with individuals, couples, families or groups and not less than 150 hours of clinical supervision, including not less than 50 hours of person-to-person individual supervision, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association’s diagnostic and statistical manual, except that one-half of the requirement of this part (D) may be waived for persons with a doctor’s degree in professional counseling or a related field acceptable to the board;
  (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 professional counselor in effect on the day immediately preceding the effective date of this act;
  (F) for persons who apply for and are eligible for a temporary permit to practice as a licensed professional counselor on the day immediately preceding the effective date of this act, in lieu of the education and training requirements under parts (B), (C) and (D) of this subsection, has completed the education and training requirements for licensure as a professional counselor in effect on the day immediately preceding the effective date of this act;
  (G) has passed an examination approved by the board; and
  (H) has paid the application fee fixed under K.S.A. 65-5808 and amendments thereto.
  (2) A person who was licensed or registered as a professional counselor in Kansas at any time prior to the effective date of this act, who has been actively engaged in the practice of professional counseling as a registered or licensed professional counselor within five years prior to the effective date of this act and whose last license or registration in Kansas prior to the effective date of this act was not suspended or revoked, upon application to the board, payment of fees and completion of applicable continuing education requirements, shall be licensed as a licensed clinical professional counselor by providing demonstration of competence to diagnose and treat mental disorders through at least two of the following areas acceptable to the board:
  (A)Either (i) graduate coursework or (ii) passing a national, clinical examination;
  (B)either (i) three years of clinical practice in a community mental health center, its contracted affiliate or a state mental hospital or (ii) three years of clinical practice in other settings with demonstrated experience in diagnosing or treating mental disorders; or
  (C)attestation from one professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery that the applicant is competent to diagnose and treat mental disorders.
  (3) A licensed clinical professional counselor may engage in the independent practice of professional counseling and is authorized to diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. When a client has symptoms of a mental disorder, a licensed clinical professional counselor shall consult with the client’s primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client’s symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client’s record. A licensed clinical professional counselor may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
  (4) On and after January 1, 2002, a licensed professional counselor may diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations only under the direction of a licensed clinical professional counselor, licensed psychologist, person licensed to practice medicine and surgery or person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders. When a client has symptoms of a mental disorder, a licensed professional counselor shall consult with the client’s primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client’s symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client’s record. A licensed professional counselor may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
  (d) The board shall adopt rules and regulations establishing the criteria which a college or university shall satisfy in order to be approved by the board. The board may send a questionnaire developed by the board to any college or university for which the board does not have sufficient information to determine whether the school meets the requirements for approval and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the college or university to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about colleges and universities. In entering such contracts the authority to approve college and universities shall remain solely with the board.
  (e) A person who is waiting to take the examination required by the board mayapply to the board for a temporary license to practice as a licensed professional counselor by (1) paying an application fee of no more than $150 and (2) meeting the application requirements as stated in subsections (b)(1), (2) and (4) of K.S.A. 65-5804a and amendments thereto.
  (f) (1) A temporary license may be issued by the board after the application has been reviewed and approved by the board and the applicant has paid the appropriate fee set by the board for issuance of new licenses.
  (2) Absent extenuating circumstances approved by the board, a temporary license issued by the board shall expire upon the date the board issues or denies a license to practice professional counseling or six months after the date of issuance of the temporary license. No temporary license will be renewed or issued again on any subsequent application for the same license level. The preceding provisions in no way limit the number of times an applicant may take the examination.
  (g) A person practicing professional counseling with a temporary permit or license may not use the title ‘‘licensed professional counselor’’ or the initials ‘‘LPC’’ independently. The word ‘‘licensed’’ may be used only when followed by the words ‘‘by temporary license’’ such as licensed professional counselor by temporary license, or professional counselor licensed by temporary license.
  (h) No person may practice professional counseling under a temporary license except under the supervision of a person licensed by the behavioral sciences regulatory board at the independent level.
  (i)Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary license shall be subject to the provisions of this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the temporary license provided under this section at the time of issuance of such temporary license.
History: L. 1987, ch. 315, § 4; L. 1988, ch. 243, § 14; L. 1988, ch. 263, § 1; L. 1988, ch. 245, § 4; L. 1989, ch. 276, §1; L. 1996, ch. 153, § 4; L. 1999, ch. 108, § 1; L. 1999, ch. 117, § 3; L. 2001, ch. 154, § 6; July 1; L. 2006, ch. 61, § 1; July 1.

65-5805.   Repealed.
History: L. 1987, ch. 315, § 5; L. 1999, ch. 117, § 5; July 1, 2000; L. 2006, ch. 61, § 6; July 1.

65-5806.   Licensure; expiration and renewal; continuing education; reinstatement of suspended or revoked license.
  (a) An applicant who meets the requirements for licensure pursuant to this act, has paid the license fee provided for by K.S.A. 65-5808 and amendments thereto and has otherwise complied with the provisions of this act shall be licensed by the board.
  (b) Licenses issued pursuant to this act shall expire 24 months from the date of issuance unless revoked prior to that time.  A license may be renewed upon application and payment of the fee provided for by K.S.A. 65-5808 and amendments thereto. The application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed during the previous 24 months the continuing education required by rules and regulations of the board. As part of such continuing education, a licensee shall complete not less than six continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics.
  (c) A person whose license has been suspended or revoked may make written application to the board requesting reinstatement of the license upon termination of the period of suspension or revocation in a manner prescribed by the board, which application shall be accompanied by the fee provided for by K.S.A. 65-5808 and amendments thereto.
History: L. 1987, ch. 315, § 6; L. 1996, ch. 153, § 5; L. 1999, ch. 117, § 6; July 1, 2000

65-5807.   Waiver of requirements; when authorized.
  (a) The board may issue a license to an individual who is currently registered, certified or licensed to practice professional counseling in another jurisdiction if the board determines that;
  (1) The standards for registration, certification or licensure to practice professional counseling in the other jurisdiction are substantially equivalent to the requirements of this state; or
  (2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board;
  (A) Continuous registration, certification or licensure to practice professional counseling 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 counseling from a regionally accredited university or college.
  (b) Applicants for licensure as a clinical professional counselor shall additionally demonstrate competence to diagnosis 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 practices with demonstrated experience in diagnosing or treating mental disorders; or
  (3) Attestation from a professional licensed to diagnosis and treat mental disorders in independent practice or licensed to practice medicine and surgery stating that the applicant is competent to diagnosis and treat mental disorders.
  (c) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 65-5808 and amendments thereto.
History: L. 1987, ch. 315, § 7; L. 1996, ch. 153, § 6; L. 2001, ch. 154, § 7; July 1, L. 2003, ch. 129 § 2; July 1.

65-5807a.   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 professional counseling 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 professional counseling as provided by K.S.A. 65-5801 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 professional counseling services rendered within any 24-hour period shall count as one entire day of clinical professional counseling 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 professional counseling 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 professional counseling 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 professional counseling in this state without complying with the provisions of this section.
  (g) This section shall be part of and supplemental to the professional counselors licensing act.

65-5808.   Fees.
  (a) The board shall fix by rules and regulations the following fees:
  (1) For application for licensure, not more than $100;
  (2) for an original license, not more than $175;
  (3) for examination, not more than $175;
  (4) for renewal of a license, not more than $150;
  (5) for reinstatement of a license, not more than $175;
  (6) for replacement of a license, not more than $20;
  (7) for application for licensure as a clinical professional counselor, not more than $175;
  (8) for renewal for licensure as a clinical professional counselor, not more than $175;
  (9) for late renewal penalty, an amount equal to the fee for renewal
  (10) for exchange of a license in lieu of registration pursuant to subsection (b) of K.S.A. 65-5811 and amendments thereto, not to exceed $150.
  (b) Fees paid to the board are not refundable.
History: L. 1987, ch. 315, § 8; L. 1990, ch. 286, § 1; L. 1996, ch. 153, § 7; L. 1996, ch. 153, § 8; L. 1999, ch. 117, § 7; July 1, 2000.

65-5809.   Refusal to issue, suspension, limitation, refusal to renew or revocation of license or specialty designation; grounds.
The board may refuse to issue, suspend, limit, refuse to renew, condition  or revoke any license granted under the professional counselors licensure act for any of the following reasons:
  (a) Use of drugs or alcohol, or both, to an extent that impairs the individual's ability to engage in the practice of professional counseling;
  (b) the individual has been convicted of a felony and, after investigation, the board finds that the individual has not been sufficiently rehabilitated to merit the public trust;
  (c) use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to the provisions of the professional counselors licensure act or in obtaining permission to take any examination given or required pursuant to the provisions of the professional counselors licensure act;
  (d) obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;
  (e) incompetence, misconduct, fraud, misrepresentation or dishonesty in the performance of the functions or duties of a professional counselor or clinical professional counselor;
  (f) violation of, or assisting or enabling any individual to violate, any provision of the professional counselors licensure act or any rule and regulation adopted under such act;
  (g) impersonation of any individual holding a license or allowing any individual to use a license or diploma from any school of a person licensed under the professional counselors licensure act or a diploma from any school of an applicant for licensure under the professional counselors licensure act;
  (h) revocation or suspension of a license or other authorization to practice counseling granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized by the professional counselors licensure act;
  (i) the individual is mentally ill or physically disabled to an extent that impairs the individual's ability to engage in the practice of professional counseling;
  (j) assisting or enabling any person to hold oneself out to the public or offer to hold oneself out to the public as a licensed professional counselor or a licensed clinical professional counselor who is not licensed under the provisions of the professional counselors licensure act;
  (k) the issuance of the license was based upon a material mistake of fact;
  (l) violation of any professional trust or confidence;
  (m) use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;
  (n) unprofessional conduct as defined by rules and regulations adopted by the board; or
  (o) the licensee has had a registration, license or certificate as a professional counselor 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 other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof.
History: L. 1987, ch. 315, § 9; L. 1988, ch. 263, § 2; L. 1996, ch. 153, § 9; L. 1999, ch. 117, § 8; L. 2000, ch. 117 § 8 L. 2004, ch 16, § 1; July 1, 2004.

65-5810.   Confidential communications.
  (a) The confidential relations and communications between a licensed professional counselor and such counselor’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 professional counselor and such counselor'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 professional counselor or licensed clinical professional counselor 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. 1987, ch. 315, § 10; L. 1996, ch. 153, § 10; L. 1999, ch. 117, § 9; July 1, 2000.

65-5811.   Repealed.
History: L. 1987, ch. 315, § 11; L. 1996, ch. 153, § 11; L. 1996, ch. 239, § 1; L. 1999, ch. 108, § 2; Repealed, L. 2001, ch. 154, § 11; July 1.

65-5812.   Construction of act.  
Nothing in the professional counselors licensure act shall be construed:
  (a) To apply to the activities and services of qualified members of other professional groups including, but not limited to, attorneys, physicians, psychologists, masters level psychologists, marriage and family therapists, registered nurses or social workers, others performing counseling not for a fee, or others performing counseling consistent with the laws of this state, their training and any code of ethics of their professions, including school, industrial, financial, vocational, rehabilitation or any similar type counselor so long as they do not represent themselves by any title or description in the manner prescribed in K.S.A. 65-5803 and amendments thereto;
  (b) to apply to the activities, services and use of an official title on the part of an individual employed as a counselor by any federal, state, county or municipal agency or public, any private educational institution, so long as such individuals are performing counseling or counseling-related activities within the scope of their employment;
  (c) to apply to the activities and services of a rabbi, priest, minister or clergy person of any religious denomination or sect, including a Christian Science practitioner, or any public or private not-for-profit organization, corporation or association, including but not limited to camp counselors, crisis center counselors, community hot-line counselors or suicide hot-line counselors, so long as such activities and services are within the scope of the performance of such individual’s regular or specialized ministerial duties;
  (d) to authorize a person licensed under this act to diagnose or treat mental illness or disease except that licensed clinical professional counselors may diagnose and treat mental disorders in accordance with this act;
  (e) prohibit the activities of persons licensed or otherwise regulated by the state board of education or otherwise licensed, registered, or otherwise regulated by the laws of this state and who are performing services consistent with the laws of this state, their training and any code of ethics of their profession;
  (f) to prohibit the activities of students or interns enrolled in an approved academic program while engaged in such academic program;
  (g) in any way to restrict any person from carrying on any of the aforesaid activities in the free expression or exchange of ideas concerning the practice of professional counseling, the application of its principles, the teaching of such subject matter, and the conducting of research on problems relating to human behavior if such person does not represent such person or such person’s services in any manner prohibited by this act;
  (h) to prohibit the activities of persons performing services pursuant to a temporary permit issued pursuant to this act;
  (i) to apply to the activities to the of persons working under the supervision of a clinical professional counselor;
  (j) to prohibit the activities of any weight control consultants or advisors in recognized, legitimate programs or business environments;
  (k) to prevent qualified persons from doing work within the standards and ethics of their respective professions and callings provided they do not hold themselves out to the public by any title or description of services as being engaged in the practice of professional counseling.
History: L. 1987, ch. 315, § 12; L. 1996, ch. 153, § 12; L. 1999, ch. 108, § 3; L. 2001, ch. 211, § 16; L. 2007, ch. 13, § 7, July 1.

65-5813.   Repealed.
History: L. 1987, ch. 315, § 13; Repealed, L. 1996, ch. 153, § 44; July 1.

65-5814.   Repealed.
History: L. 1987, ch. 315, § 14; L. 1988, ch. 263, § 3; Repealed, L. 1996, ch. 153, § 44; July 1.

65-5815.   Administrative proceedings; judicial review.
Proceedings under the professional counselors licensure act shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the professional counselors licensure act shall be in accordance with the act for judicial review and civil enforcement of agency actions.
History: L. 1987, ch. 315, § 15; L. 1996, ch. 153, § 13; Jan. 1, 1997.

65-5816.   Invalidity of part.
If any part or parts of the professional counselors licensure act are held to be invalid or unconstitutional by any court, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional part or parts.
History: L. 1987, ch. 315, § 16; L. 1996, ch. 153, § 14; Jan. 1, 1997.

65-5817.    Disclosure.
A licensee under the professional counselors licensure act, at the beginning of a client-therapist relationship, shall inform the client of the level of such licensee's training and the title or titles and license or licenses of such licensee. As a part of such obligation, such licensee shall disclose whether such licensee has a master's degree or a doctoral degree. If such licensee has a doctoral degree, such licensee shall disclose whether or not such doctoral degree is a doctor of medicine degree or some other doctoral degree. If such licensee does not have a medical doctor's degree, such licensee shall disclose that the licensee is not authorized to practice medicine and surgery and is not authorized to prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain mental disorders can have medical or biological origins, and that the client should consult with a physician. Documentation of such disclosures to a client shall be made in the client's record.

Amended July 2007

Licensing of Professional Counselors
 

102-3-1.   Revoked.
(Authorized by and implementing K.S.A. 1989 Supp. 74-7507; effective, T-102-6-13-88, June 13, 1988; effective, T-102-10-17-89, Oct. 17, 1989; effective Feb. 25, 1991; revoked Dec. 19, 1997.)

102-3-1a.   Definitions.
  (a) "Academic equivalent of a semester hour,'' as used in K.A.R. 102-3-3a, means the prorated, proportionate credit for formal academic coursework when the coursework is completed on the basis of trimester or quarter hours rather than semester hours.
  (b) "Board'' means the behavioral sciences regulatory board.
  (c) "Client'' means a person who is a direct recipient of professional counseling services.
  (d) "Client contact'' means face-to-face interaction between the counselor and client or clients.
  (e) "Clinical professional counselor practice'' means the professional application of professional counseling theory and methods to the treatment and prevention of psychosocial dysfunction, disability, or impairment, including behavioral, emotional, and mental disorders. Clinical professional counseling shall include the following:
  (1) Assessment;
  (2) diagnosis of mental disorders;
  (3) planning and treatment, which may include psychotherapy and counseling;
  (4) treatment intervention directed to interpersonal interactions, intrapsychic dynamics, and life management issues;
  (5) consultation; and
  (6) evaluation, referral, and collaboration.
  (f) "Clinical supervision training plan'' means formal, written agreement that establishes the supervisory framework for postgraduate clinical experience and describes the expectations and responsibilities of the supervisor and the supervisee.
  (g) "Consultation'' means a voluntary, professional relationship in which the consultant offers the consultant's best advice and expertise that the consultee can either accept or reject and in which the objectives and requirements of supervision as established in K.A.R. 102-3-7a are lacking. Professional counseling consultation shall not be substituted for supervision.
  (h) "Continuing education'' means formally organized programs or activities that are designed to and have content intended to enhance the professional counselor's or clinical professional counselor's knowledge, skill, values, ethics, and ability to practice as a professional counselor or as a clinical professional counselor.
  (i) "Dual relationship'' means a professional relationship in which the objectivity or competency of the licensee is impaired or compromised because of any of the following present or previous relationships with the client or supervisee:
  (1) Familial;
  (2) sexual;
  (3) emotional; or
  (4) financial.
  (j) "Extenuating circumstances'' means any condition that is caused by any unexpected event that is 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 it bears no generalization to any other work setting.
  (l) "Malfeasance'' means doing an act that a licensee should not do.
  (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 professional counseling 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 nation;
  (9) self-discipline;
  (10) self-evaluation;
  (11) initiative; and
  (12) commitment to the professional counseling 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 should do.
  (p) "One year of professional experience'' means a total of 2,000 clock hours of postgraduate  supervised experience in professional counseling.
  (q) "Practice setting'' means any public or private counseling service agency or delivery system within which professional counseling is practiced or professional counseling services are delivered.
  (r) "Practicum'' or "internship'' means a formal component of an academic curriculum in the professional counseling program that engages the student in supervised, professional counseling practice and provides opportunities to apply classroom learning to actual practice situations in a field setting.
  (s) "Professional counseling supervision'' means a formal relationship between the supervisor and supervisee that promotes the development of responsibility, skill, knowledge, attitudes, and ethical standards in the practice of professional counseling.
  (t) "Prior-approved continuing education'' means any of the following forms of continuing education:
  (1) Any single-program material that has been submitted by a provider to the board, approved by the board, and assigned a continuing education number;
  (2) any program offered by a provider with approved-provider status; or
  (3) academic counseling courses audited or taken for credit.
  (u) "Semester hour,'' as used in K.A.R. 102-3-3a, means a minimum of 13 clock hours of formal didactic classroom instruction that occurred over the course of an academic semester and for which the applicant received formal graduate academic credit.
  (v) "Termination of the professional counseling relationship'' means the end of the professional relationship resulting from any of the following:
  (1) The mutual consent of the counselor and the client;
  (2) the completion of counseling services;
  (3) dismissal of the counselor by the client;
  (4) dismissal of the client by the counselor; or
  (5) the transfer of the client to another professional for active treatment or therapy with the belief that treatment will continue.
  (w) "Under the direction'' means the formal relationship between the individual providing direction and the licensed professional counselor in which both of the following conditions are met:
  (1) The directing individual provides the licensee, commensurate with the welfare of the client and the education, training, and experience of the licensee, with the following:
  (A) Professional monitoring and oversight of the professional counseling services provided
by the licensee;
  (B) regular and periodic evaluation of treatment provided to clients by the licensee; and
  (C) verification that direction was provided to the licensee.
  (2) The licensee receiving direction provides the board with the following for each license renewal:
  (A) The name, identifying information, and type of license of the directing individual;
  (B) a description of the work setting and the professional counseling services conducted under direction; and
  (C) documentation that direction was given, including dates, location, and length of time as verified by the directing individual.
  (x) "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 reasons:
  (1) To improperly influence or change the actions or decisions of a client or supervisee; or
  (2) to exploit a client or supervisee for the counselor's or a third party's financial gain personal gratification, or advantage.
(Authorized by and implementing K.S.A. 1999 Supp. 74-7507; effective Dec. 19, 1997; amended Aug. 4, 2000.)

102-3-2.   Fees.
  (a) Each applicant for licensure as a professional counselor or clinical professional counselor shall pay the appropriate fee or fees as set forth below:
  (1) Application for a professional counselor license, $100;
  (2) application for a clinical professional counselor license, $100:
  (3) original professional counselor license, $150;
  (4) original license fee for a clinical professional counselor, $150;
  (5) renewal of a professional counselor license, $150;
  (6) renewal of a clinical professional counselor license, $175;
  (7) replacement of a professional counselor or a clinical professional counselor wall certificate, $20;
  (8) reinstatement of a professional counselor license, $150;
  (9) reinstatement of a clinical professional counselor license, $175; or
  (10) temporary professional counselor license, $150.
  (b) Each applicant for renewal of a professional counselor license after its date of expiration shall pay the re instatement fee in addition to the late renewal penalty fee of $150.
  (c) Each applicant for renewal of a clinical professional counselor license after its date of expiration shall pay the reinstatement fee in addition to the late renewal 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. 65-5808 and K.S.A. 2004 Supp. 74-7507; implementing K.S.A. 65-5808; effective, T-88-45, Nov. 10, 1987; amended, T-102-11-29-90, Nov. 29, 1990; amended Jan. 21, 1991; amended Aug. 4, 1995; amended Oct. 24, 1997; amended Aug. 4, 2000; amended July 1, 2005.)

102-3-3.   Revoked.
(Authorized by K.S.A. 1989 Supp. 74-7507; implementing K.S.A. 1989 Supp. 65-5804; effective, T-102-6-13-88, June 13, 1988; effective, T-102-10-17-89, Oct. 17, 1989; effective Feb. 25, 1991; revoked Dec. 19, 1997.)

102-3-3a.   Education requirements.
To qualify for licensure as a professional counselor or a clinical professional counselor, the applicant's education shall meet the applicable requirements provided 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 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, each applicant shall have fulfilled these requirements:
  (1) Received either a master's or doctoral degree in counseling; and
  (2) as a part of or in addition to the coursework completed for the counseling graduate degree, completed a minimum of 60 graduate semester hours, or the academic equivalent, of which at least 45 graduate semester hours, or the academic equivalent, shall clearly satisfy the coursework requirements provided in subsection (c).
  (c) Coursework requirements. Each applicant shall have satisfactorily completed formal academic coursework that contributes to the development of a broad conceptual framework for counseling theory and practice as a basis for more advanced academic studies. This formal academic coursework shall consist of a minimum of 45 graduate semester hours, or the academic equivalent, that is are distributed across the substantive content areas provided in this subsection. None of these credit hours shall be earned through independent study courses. There shall be a minimum of at least two discrete and unduplicated semester hours, or the academic equivalent, in each of the following substantive content areas:
  (1) Counseling theory and practice, which shall include studies in the basic theories, principles, and techniques of counseling and their applications to professional settings;
  (2) the helping relationship, which shall include studies in the philosophical bases of helping relationships and the application of the helping relationship to counseling practice, as well as an emphasis on the development of practitioner and client self-awareness;
  (3) group dynamics, processes, and counseling approaches and techniques, which shall include studies in theories and types of groups, as well as descriptions of group practices, methods, dynamics, and facilitative skills;
  (4) human growth and development, which shall include the following:
  (A) Studies that provide a broad understanding of the nature and needs of individuals at all developmental levels, with an emphasis on psychological, sociological, and physiological models; and
  (B) studies in normal and abnormal behavior, personality theory, and learning theory;
  (5) career development and lifestyle foundations, which shall include studies in vocational theory, the relationship between career choice and lifestyle, sources of occupational and educational information, approaches to career decision-making processes, and career development exploration techniques;
  (6) appraisal of individuals and studies and training in the development of a framework for understanding the individual, including methods of data gathering and interpretation, individual and group testing, and the study of individual differences;
  (7) social and cultural foundations, which shall include studies in change processes, ethnicity, subcultures, families, gender issues, the changing roles of women, sexism, racism, urban and rural societies, population patterns, cultural mores, use of leisure time, and differing life patterns. These studies may come from the behavioral sciences, economics, political science, and similar disciplines;
  (8) research and evaluation, which shall include the following:
  (A) Studies in the areas of statistics, research design, development of research, development of program goals and objectives, and evaluation of program goals and objectives; and
  (B) thesis preparation;
  (9) professional orientation, which shall include studies in the goals and objectives of professional organizations, codes of ethics, legal considerations, standards of preparation and practice, certification, licensing, and the role identities of counselors and others in the helping professions; and
  (10) supervised practical experience, which shall include studies in the application and practice of the theories and concepts presented in formal study. This experiential practice shall be performed under the close supervision of the instructor with the use of direct observation and the preparation and review of written case notes. Direct observation may include the use of one-way mirrors in a counseling laboratory, the use of videotaped or audiotaped sessions, or the use of real-time video conferencing or similar synchronous communication devices.
  (d) Each applicant for licensure as a clinical professional counselor whose master's or doctoral degree is earned before July 1, 2003 shall have a earned the graduate degree in accordance with subsections (b) and (c).
  (e) Each applicant for licensure as a clinical professional counselor whose master's or doctoral degree is earned on or after July 1, 2003 shall meet the following education requirements:
  (1) Have earned a graduate degree in accordance with subsections (b) and (c);
  (2) in addition to or as a part of the academic requirements for the graduate degree, have completed 15 graduate semester credit hours, or the academic equivalent, supporting diagnosis and treatment of mental disorders using the “diagnostic and statistical manual of mental disorders” as specified in K.A.R. 102-3-15. The 15 graduate semester credit hours, or the academic equivalent, shall include both of the following:
  (A) The applicant shall have satisfactorily completed two graduate semester hours, or the academic equivalent, of discrete coursework in ethics and two graduate semester hours, or the academic equivalent, of discrete coursework in psychopathology and diagnostic assessment, including the study of the latest edition of the “diagnostic and statistical manual of mental disorders” and assessment instruments that support diagnosis.
  (B) The applicant shall have satisfactorily completed coursework addressing treatment approaches and interdisciplinary referral and collaboration; and
  (3) completion of a graduate-level, supervised clinical practicum pursuant to K.S.A. 65-5804a(c)(1)(C), and amendments thereto.
  (f) Program requirements. In order to be approved by the board, each educational program in professional counseling shall meet the following conditions:
  (1) Have established program admission requirements that are based, in part or in full, on objective measures or standardized achievement tests and measures;
  (2) require an established curriculum that encompasses a minimum of two academic years of graduate study;
  (3) have clear administrative authority and primary responsibility within the program for the core and specialty areas of training in professional counseling;
  (4) have an established, organized, and comprehensive sequence of study that is planned by administrators who are responsible for providing an integrated educational experience in professional counseling;
  (5) be chaired or directed by an identifiable person who holds a graduate degree that was earned from a regionally accredited college or university upon that person's actual completion of a formal academic training program in professional counseling;
  (6) have an identifiable, full-time, professional faculty whose members hold earned graduate degrees in professional counseling or a related field;
  (7) have an established, identifiable body of students who are formally enrolled in the program for with the goal of obtaining a degree;
  (8) require an appropriate practicum, internship, or field, or laboratory training in professional counseling that integrates didactic learning with supervised clinical experience;
  (9) conduct an ongoing, objective review and evaluation of each student's learning and progress, and report this evaluation in the official student transcripts; and
  (10) require that at least 30 graduate semester credit hours, or the academic equivalent, of coursework be completed “in residence” at one institution, and require that the practicum or internship be completed at the same institution.
  (g) College or university requirements. In order for an applicant to qualify for licensure, the college or university at which the applicant completed the counseling degree requirements shall meet these requirements:
  (1) Be regionally accredited, with accreditation standards equivalent to those met by Kansas colleges and universities;
  (2) document in official publications, including course catalogs and announcements, the program description and standards and the admission requirements of the professional counseling education and training program;
  (3) identify and clearly describe in pertinent institutional catalogs the coursework, experiential, and other academic program requirements that must be satisfied before conferral of the graduate degree in counseling;
  (4) clearly identify and specify in pertinent institutional catalogs its intent to educate and train professional counselors;
  (5) have clearly established the professional counselor education program as a coherent entity within the college or university that, at the time the applicant's graduate degree was conferred, met the program standards provided in subsection (f); and
  (6) have conferred the graduate degree in counseling upon the applicant's successful completion of an established and required formal program of studies.
  (h) The following types of study shall not be substituted for or counted toward the coursework requirements of subsections (b), (c), (d), and (e):
  (1) Academic coursework that the applicant completed as a part of or in conjunction with the undergraduate degree requirements;
  (2) academic coursework that has been audited rather than graded;
  (3) academic coursework for which the applicant received an incomplete or failing grade;
  (4) coursework that the board determines is not closely related to the field or practice of counseling;
  (5) graduate or postgraduate coursework or training provided by any college, university, institute, or training program that does not meet the requirements of subsections (f) and (g); and
  (6) any continuing education, in-service activity, or on- the-job training.
  (i) The following types of study may be counted toward the 60 graduate semester hours required under paragraph (b)(2):
  (1) No more than six graduate semester hours of independent study that is related to the field or practice of counseling, except that independent study shall not be used to meet any of the substantive content area requirements specified in subsection (c); and
  (2) no more than four graduate semester hours for thesis research and writing.
(Authorized by K.S.A. 2005 Supp. 74-7507; implementing K.S.A. 65-5804a, as amended by L. 2006, Ch. 61, Sec. 1; effective Dec. 19, 1997; amended July 19, 2002; amended Aug. 8, 2003; amended Oct. 27, 2006.)

102-3-4.   Revoked.
(Authorized by K.S.A. 1989 Supp. 74-7507; implementing K.S.A. 1989 Supp. 65-5805; effective, T-102-6-13-88, June 13, 1988; effective, T-102-10-17-89, Oct. 17, 1989; effective Feb. 25, 1991; revoked Dec. 19, 1997.)

102-3-4a.   Applications for licensure.
  (a) Each applicant for licensure as a professional counselor or clinical professional counselor shall request the appropriate licensure application forms from the director of the board.
  (b) Each applicant for licensure as a professional counselor 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. 102-3-2;
  (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 or internship. If this individual is unavailable, the graduate program director or any person who has knowledge of the applicant's practicum or internship experience on the basis of the applicant's practicum or internship records shall submit the reference. Except as specified below in paragraph (b)(2)(C), each individual submitting a reference shall meet all of the following conditions:
  (A) Is not related to the applicant;
  (B) can address the applicant's professional conduct, competence, and merit of the public trust; and
  (C) is authorized by law to practice professional counseling 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 supervisor of the practicum or internship is unavailable;
  (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.S.A. 65-5804a, and amendments thereto, and in K.A.R. 102-3-3a.
  (c) Each applicant for licensure as a clinical professional counselor 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. 102-3-2;
  (2) demonstrate that the applicant is licensed by the board as a professional counselor or meets all requirements for licensure as a professional counselor;
  (3) 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, internship, or post graduate work experience. If the individual who provided the clinical supervision is unavailable, the graduate program director or any person who has knowledge of the applicant's practicum, internship, or postgraduate work experience on the basis of the applicant's records shall submit the reference. At least one reference shall be from a licensed clinical professional counselor. Each individual submitting a reference shall meet all of the following conditions:
  (A) Is not related to the applicant; and
  (B) can address the applicant's professional conduct, competence, and merit of the public trust;
  (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) for persons earning a degree in professional counseling before July 1, 2003, demonstrate satisfactory completion of educational requirements as specified in K.S.A. 65-5804a, and amendments thereto, and in K.A.R. 102-3- 3a, if this documentation has not been provided to the board previously;
  (6) for any applicant earning a degree in professional counseling on or after July 1, 2003, demonstrate completion of graduate education requirements as specified in K.S.A. 65-5804a, and amendments thereto, and in K.A.R. 102-3-3a. If an applicant who earns a degree in professional counseling on or after July 1, 2003 has not completed the 350 hours of clinical practice required by K.S.A. 65-5804a(c)(1), and amendments thereto, as a part of a graduate-level practicum or internship, the applicant may complete this requirement through 350 hours of postgraduate, supervised experience as set out in K.A.R. 102-3-7a, in addition to the 4,000 hours of postgraduate, supervised experience required by K.S.A. 65-5804a(c)(1); and
  (7) submit an attestation from the clinical supervisor 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. 102-3-7a.
  (d) The following provisions shall apply to each applicant for licensure as a professional counselor and to each applicant for licensure as a clinical professional counselor:
  (1) Upon the board's determination that the applicant has met the applicable educational requirements, each applicant shall pass the appropriate, nationally administered, standardized written examination approved by the board in accordance with K.A.R. 102-3-5a.
  (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, each applicant shall submit the fee as provided in K.A.R. 102-3-2 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 an additional 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)(1) Any applicant who is determined by the board to meet the requirements of K.S.A. 65-5804a, 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. 102-3-2. Except as provided in paragraph (e)(2), the temporary license shall remain in effect for six months.
  (2) Any applicant whose six-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 actively engaged in the practice of professional counseling as a licensed or registered professional counselor in Kansas at any time within the five years before July 1, 2000, may apply for a license as a clinical professional counselor by submitting transition application materials to the board and completing the following application procedures:
  (1) Submit the completed transition application materials;
  (2) submit the full payment of the licensure application fee as provided in K.A.R. 102-3-2;
  (3) demonstrate that the applicant held a Kansas license or registration as a professional counselor in good standing at any time during the five years immediately before July 1, 2000;
  (4) demonstrate active engagement in the practice of professional counseling at any time during the five years immediately before July 1, 2000; and
  (5) 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, or their academic equivalent, as documented on the transcript, which shall address clinical theory, assessment, and treatment issues, including three semester credit hours, or their academic equivalent, addressing psychopathology; or
  (ii) passage of the national clinical examination in professional counseling as specified by K.A.R. 102-3-5a 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 engaged in clinical practice 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 and treatment of mental disorders.
  (g) For purposes of this regulation, the term “extenuating circumstances” means any condition caused by events beyond a person's control that is sufficiently extreme in nature to result in either of the following:
  (1) The person's inability to comply with the requirements of this regulation within the timeframes established by this regulation or K.S.A. 65-5804a, and amendments thereto; or
  (2) the inadvisability of requiring the applicant to comply with the requirements of this regulation within the timeframes established by this regulation and K.S.A. 65- 5804a, and amendments thereto.
(Authorized by K.S.A. 2005 Supp. 74-7507; implementing K.S.A. 65-5804a, as amended by 2006 SB 470, §1, and K.S.A. 65-5808; effective Dec. 19, 1997; amended Aug. 4, 2000; amended July 19, 2002; amended Aug. 12, 2005; amended, T-102-7-5-06, July 5, 2006; amended Oct. 27, 2006.)

102-3-4b.   Application for licensure based on reciprocity.
  (a) Each individual who wishes to be licensed as a professional counselor or a clinical professional counselor based on reciprocity, as provided by K.S.A. 65-5807 and amendments thereto, shall submit an application for licensure in accordance with the provisions of this regulation.
  (b) Each applicant for licensure as a professional counselor 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. 102-3-2.
  (2) The applicant shall forward to the licensing agency for the jurisdiction in which the applicant is currently licensed, certified, or registered as a professional counselor 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 professional counseling issued by the licensing agency;
  (B) the date on which the applicant was initially licensed, registered, or certified as a professional counselor by the licensing agency and a complete history of each subsequent renewal, reinstatement, and lapse in licensure, registration, or certification. If an applicant is seeking licensure based on reciprocity under the provisions of paragraph (a)(2) of K.S.A. 65-5807 and amendments thereto, the applicant shall ensure that documentation covering the five continuous years of licensure, registration, or certification as a professional counselor 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 professional counselor in that jurisdiction are substantially equivalent to the standards in Kansas or verification that the applicant has earned a master's degree in professional counseling, the date on which the applicant earned the degree, and the name of the university or college granting the degree.  The completed form shall be returned to the board by the licensing agency and shall not be forwarded to the applicant.
 (3) If the applicant is seeking licensure based on reciprocity under the provisions of paragraph (a)(2) of K.S.A. 65-5807, 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 professional counselor 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 professional counseling 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 professional counseling, 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 professional counseling.
  (c) In addition to complying with the requirements of subsection (b), each applicant for licensure as a clinical professional counselor 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, including the following coursework:
  (i) Two graduate semester hours of discrete coursework in ethics;
  (ii) two graduate semester hours of discrete coursework in psychopathology and diagnostic assessment, including the study of the latest edition of the “diagnostic and statistical manual of mental disorders” and of assessment instruments that support diagnosis; and
  (iii) coursework that addresses interdisciplinary referrals, interdisciplinary collaborations, and treatment approaches; or
  (B) verification from either the licensing agency or the testing service that the applicant passed a national clinical examination approved by the board, including the applicant's score on the exam and the passing score established for the exam;
  (2) one or both of the following types of documentation, which shall cover periods of time totaling at least three years:
  (A) An attestation by a supervisor or other designated representative of the applicant's employer that the applicant has at least three years of clinical practice, including at least eight hours of client contact per week during nine months or more of each year, in a community mental health center or its affiliate, a state mental hospital, or another employment setting in which the applicant engaged in clinical practice that included diagnosis or treatment of mental disorders; or
  (B) an attestation by the applicant that the applicant engaged in a minimum of three years of independent clinical practice that included diagnosis or treatment of mental disorders, as well as supporting documentation in the form of a published job description, a description of the applicant's practice in a public information brochure, a description of services in an informed consent document, or other similar published statements demonstrating that the applicant has engaged in independent clinical practice for a minimum of three years; or
  (3) an attestation that the applicant has demonstrated competence in diagnosis or treatment of mental disorders and that is signed by a professional licensed to practice medicine and surgery, or by a professional licensed psychologist, a licensed specialist clinical social worker, or another professional licensed to diagnose and treat mental disorders in independent practice.
(Authorized by K.S.A. 65-5807, as amended by 2003 HB 2234, Sec. 2, and K.S.A. 74-7507; implementing K.S.A. 65-5807, as amended by 2003 HB 2234, Sec. 2, K.S.A. 65-5808 and 65-5809; effective T-102-7-1-03, July 1, 2003; effective Oct. 31, 2003.)

102-3-5.   Revoked.
(Authorized by K.S.A. 1989 Supp. 74-7507; implementing K.S.A. 1989 Supp. 65-5804; effective, T-102-6-13-88, June 13, 1988; effective, T-102-10-17-89, Oct. 17, 1989; effective Feb. 25, 1991; revoked Dec. 19, 1997.)

102-3-5a.   Examinations.
  (a)(1) An applicant for licensure as a professional counselor shall take a nationally administered, standardized written examination approved by the board. The minimum passing score shall be the criterion-referenced cutoff score.
  (2) The applicant's required written examination may be waived by the board if the applicant has successfully passed a nationally administered, standardized written examination deemed by the board to be substantially equivalent to the examination used in this state and if the applicant obtained a score equal to or greater than the criterion-referenced cutoff score.
  (3) An applicant shall not be authorized to register for the examination or to 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.
  (b)(1) An applicant for licensure as a clinical professional counselor shall take a nationally administered, standardized written clinical examination approved by the board. The minimum passing score shall be the criterion-referenced cutoff score.
  (2) The applicant's required written clinical examination may be waived by the board if the applicant has successfully passed a standardized written examination deemed by the board to be substantially equivalent to the examination used in this state and if the applicant obtained a score equal to or greater than the criterion-referenced cutoff score.
  (3) An applicant shall not be authorized to register for the clinical examination or to 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. 74-7507; implementing K.S.A. 1999 Supp. 65-5804, as amended by L. 1999, Ch. 117, Sec. 3; effective Dec. 19, 1997; amended Aug. 4, 2000.)

102-3-6.   Revoked.
(Authorized by K.S.A. 1989 Supp. 74-7507; implementing K.S.A. 1989 Supp. 65-5803; effective, T-102-6-13-88, June 13, 1988; effective, T-102-10-17-89, Oct. 17, 1989; effective Feb. 25, 1991; revoked Dec. 19, 1997.)

102-3-6a.   Revoked.
(Authorized by K.S.A. 1996 Supp. 74-7507; implementing K.S.A. 1996 Supp. 65-5808 and 65-5811; effective Dec. 19, 1997; revoked July 19, 2002.)

102-3-7.   Revoked.
(Authorized by K.S.A. 1988 Supp. 74-7507; implementing K.S.A. 1988 Supp. 65-5806; effective, T-102-6-13-88, June 13, 1988; effective, T-102-10-17-89, Oct. 17, 1989; effective Dec. 4, 1989; revoked April 17, 1998.)

102-3-7a.   Professional postgraduate supervised experience requirement to be licensed as a clinical professional counselor.
In order to be approved by the board for licensure as a clinical professional counselor, the applicant's postgraduate supervised professional experience of professional counseling shall meet all of the following standards.
  (a) Except as provided in subsection (b), clinical supervision shall be provided throughout the entirety of the postgraduate supervised professional experience 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) Each applicant with a doctor's degree in professional counseling shall complete a minimum of one-half of the postgraduate supervised professional experience requirements as follows:
  (1) At least 25 hours of one-on-one, individual supervision occurring with the supervisor and supervisee in the same physical space;
  (2) at least 50 hours of supervision with one supervisor and no more than six supervisees in the same physical space, except when not practical due to an emergency or other exigent circumstances, at which time person-to-person contact by interactive video or other telephonic means maintaining confidentiality shall be allowed; and
  (3) at least two separate supervisory sessions per month, one of which shall be one-on-one, individual supervision.
  (c) The clinical supervisor of a person attaining the 4,000 hours of postgraduate supervised professional experience required for licensure as a clinical professional counselor, at the time of providing supervision, shall meet one of the following qualifying provisions:
  (1) The clinical supervisor shall be a clinical professional counselor who is licensed in Kansas or is registered or licensed in another jurisdiction and who has practiced as a clinical professional counselor for two years beyond the supervisor's licensure date.
  (2) If a licensed clinical professional counselor is not available, the clinical supervisor may be a person who is qualified by educational coursework and degree for licensure as a clinical professional counselor in Kansas and who has at least five years of postgraduate professional experience in clinical professional counseling.
  (3) If a licensed clinical professional counselor is not available, the clinical supervisor may be a person who is licensed at the graduate level to practice in one of the behavioral sciences, and whose authorized scope of practice permits the independent practice of counseling, therapy, or psychotherapy.  The qualifying individual shall not have had less than two years of clinical practice beyond the qualifying licensure date at the time the individual provided the clinical supervision.
  (d) In addition to the requirements of subsection (c), each clinical supervisor shall meet these requirements:
  (1) Have professional authority over and responsibility for the supervisee's clinical functioning in the practice of professional counseling;
  (2) not have a dual relationship with the supervisee;
  (3) not be under any sanction from a disciplinary proceeding, unless this prohibition is waived by the board for good cause shown by the proposed supervisor;
  (4) have knowledge of and experience with the supervisee's client population;
  (5) have knowledge of and experience with the methods of practice that the supervisee employs;
  (6) have an understanding of the organization and the administrative policies and procedures of the supervisee's practice setting; and
  (7) be a staff member of the supervisee's practice setting or meet the requirements of subsection (e).
  (e) If a qualified clinical supervisor is not available from among staff in the supervisee's practice setting, the supervisee may secure an otherwise qualified clinical supervisor outside the practice setting if all of the following conditions are met:
  (1) The supervisor has a solid understanding of the practice setting's mission, policies, and procedures.
  (2) The extent of the supervisor's responsibility for the supervisee is clearly defined in terms of client cases to be supervised, role in personnel evaluation within the practice setting, and other aspects of the clinical supervision training plan.
  (3) The responsibility for payment for supervision is clearly defined.
  (4) If the supervisee pays the supervisor directly for the supervision, the supervisor maintains responsibility to the client and to the practice setting.
  (f) Each professional counseling clinical supervisor shall perform the following duties:
  (1) Provide oversight, guidance, and direction of the supervisee's clinical practice of professional counseling by assessing and evaluating the supervisee's performance;
  (2) conduct supervision as a process distinct from personal therapy, didactic instruction, or professional counseling consultation;
  (3) provide documentation of supervisory qualifications to the supervisee;
  (4) periodically evaluate the supervisee's clinical functioning;
  (5) provide supervision in accordance with the clinical supervision training plan;
  (6) maintain documentation of supervision in accordance with the clinical supervision training plan
  (7) provide the documentation required by the board when a supervisee completes the postgraduate supervised professional experience.  The supervisor shall submit this documentation on board-approved forms and in a manner that will enable the board to evaluate the extent and quality of the supervisee's professional experience and assign credit for that experience;
  (8) provide a level of supervision that is commensurate with the education, training, experience, and ability of both the supervisor and the supervisee; and
  (9) ensure that each client knows that the supervisee is practicing professional counseling under supervision.
  (g) Clinical supervision training plan. 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 for 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 for notifying clients of the following information:
  (A) The fact that the supervisee is practicing professional counseling 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 professional counseling or employment supervisors, the board, or any other individual or entity to which either the supervisee or the supervisor is professionally accountable; and
  (9) a statement signed by each supervisor and supervisee acknowledging that each person has read and agrees to the postgraduate supervised professional experience requirements set forth in this regulation.
  (h) All changes to the clinical supervision training plan shall be submitted by the supervisee to the board for its approval.  The changes shall be submitted no more than 45 days after the date on which the changes took effect.  If the supervisee fails to submit the changes to the board within that 45-day period, no supervised hours of practice shall be accrued or credited for any practice, beginning on the date the changes took effect through the date on which the changes to the plan are approved by the board. 
(Authorized by K.S.A. 74-7507; implementing K.S.A. 65-5804a; effective April 17, 1998; amended Aug. 4, 2000; amended July 7, 2003; amended Aug. 13, 2004.)

102-3-8.   Revoked.
(Authorized by K.S.A. 1989 Supp. 74-7507; implementing K.S.A. 1989 Supp. 65-5803; effective, T-102-6-13-88, June 13, 1988; effective, T-102-10-17-89, Oct. 17, 1989; effective Feb. 25, 1991; revoked Dec. 19, 1997)

102-3-8a.   Return of license.
  (a) In the case of a revocation, suspension, or board acceptance of a voluntary surrender of the license, the individual shall return the license certificate and the wallet-size card to the board's executive director within 10 days of the revocation, suspension, or voluntary surrender.
  (b) In the case of the expiration of the license, the individual shall return the license certificate to the board's executive director within 30 days of the license expiration.
(Authorized by K.S.A. 1996 Supp. 74-7507; implementing K.S.A. 1996 Supp. 65-5806 and 65-5809; effective Dec. 19, 1997.)

102-3-9.   Revoked.
(Authorized by K.S.A. 1988 Supp. 74-7507; implementing K.S.A. 1988 Supp. 65-5806; effective, T-102-6-13-88, June 13, 1988; effective, T-102-10-17-89, Oct. 17, 1989; effective Dec. 4, 1989; revoked Dec. 19, 1997.)

102-3-9a.   Renewal and reinstatement.
  (a) To be considered for license renewal, each licensed professional counselor and licensed clinical professional counselor shall submit to the board the following items:
  (1) A completed renewal application;
  (2) the continuing education reporting form; and
  (3) the renewal fee prescribed in K.A.R. 102-3-2.
  (b) If the application for renewal, the continuing education reporting form, and payment of the required fee are not submitted before the date the license expires, the license may be reinstated upon payment of the required renewal fee, plus the late charge set forth in K.A.R. 102-3-2, and submitting proof satisfactory to the board that the applicant has complied with the continuing education requirements.
  (c) Each individual who holds a professional counselor license or clinical professional counselor license but who fails to renew the license before its expiration, and who thereafter applies for renewal of the license, shall indicate on the reinstatement application form whether the individual has continued to engage in the practice of professional counseling in Kansas, or has continued to represent that individual in Kansas as a licensed professional counselor or a licensed clinical professional counselor after the expiration of the license and, if so, under what circumstances.
  (d) If the license of any individual has been suspended and the individual thereafter makes an application to renew or reinstate the license, the individual shall submit the following:
  (1) A completed reinstatement application on forms approved by the board;
  (2) the required renewal fee and, if applicable, the late charge set forth in K.A.R. 102-3-2;
  (3) proof satisfactory to the board that the applicant has complied with the continuing education requirements;
  (4) proof satisfactory to the board that the applicant has complied with the terms of the suspension; and
  (5) any materials, information, evaluation or examination reports, or other documentation that the board may request that will enable the board to satisfactorily evaluate and determine whether or not the license should be renewed or reinstated. An applicant's license may be renewed or reinstated after the board considers the following factors:
  (A) The extent to which the individual presently merits the public trust;
  (B) the individual's demonstrated consciousness of the wrongful conduct that resulted in the license suspension;
  (C) the extent of the individual's remediation and rehabilitation in regard to the wrongful conduct that resulted in the license suspension;
  (D) the nature and seriousness of the original misconduct;
  (E) the individual's conduct after the license suspension;
  (F) the time elapsed since the license suspension; and
  (G) the individual's present competence in professional counseling knowledge and skills.
  (e) If the license of any individual has been revoked and the individual thereafter makes an application to reinstate the revoked license, the individual shall submit the following:
  (1) A completed reinstatement application on forms approved by the board;
  (2) the required renewal fee and the late charge set forth in K.A.R. 102-3-2;
  (3) proof satisfactory to the board that the applicant has complied with the continuing education requirements; and
  (4) materials, information, evaluation or examination reports, or other documentation that will enable the board to satisfactorily evaluate and determine whether or not to reinstate the license. Factors to be considered by the board in determining whether or not to reinstate the license shall include the following:
  (A) The extent to which the individual presently merits the public trust;
  (B) the individual's demonstrated consciousness of the wrongful conduct that resulted in revocation of the license;
  (C) the extent of the individual's remediation and rehabilitation in regard to the wrongful conduct that resulted in revocation  of the license;
  (D) the nature and seriousness of the original misconduct;
  (E) the individual's conduct after the license revocation;
  (F) the time elapsed since the license revocation; and
  (G) the individual's present competence in professional counseling knowledge and skills.
(Authorized by K.S.A. 74-7507; implementing K.S.A. 65-5803, 65-5806, and 65-5808; effective Dec. 19, 1997; amended July 11, 2003.)

102-3-10.   Revoked.
(Authorized by and implementing K.S.A. 1989 Supp. 74-7507; effective, T-102-6-13-88, June 13, 1988; effective, T-102-10-17-89, Oct. 17, 1989; effective Feb. 25, 1991; revoked Dec. 19, 1997.)

102-3-10a.   Continuing education for licensees.
  (a) Each licensee shall complete 30 hours of documented and approved continuing education oriented to the enhancement of a professional counselor's practice, values, ethics, skills, or knowledge during each two-year renewal period. Continuing education hours accumulated in excess of the requirement shall not be carried over to the next renewal period.
  (b) During each two-year renewal period and as a part of the required continuing education hours, each licensee shall complete three hours of professional ethics and six hours related to the diagnosis and treatment of mental disorders.
  (c) One hour of continuing education credit shall consist of at least 50 minutes of classroom instruction between instructor and participant or a minimum of an actual hour of other types of acceptable continuing education experiences listed in subsection (d). One-quarter hour of continuing education credit may be granted for each 15 minutes of acceptable continuing education. Credit shall not be granted for fewer than 15 minutes.
  (d) Acceptable continuing education, whether taken within the state or outside the state, shall include the following:
  (1) An academic professional counseling course, or an academic course oriented to the enhancement of professional counselor's practice, values, ethics, skills, or knowledge, that is taken for academic credit. Each licensee shall be granted 15 continuing education hours for each academic credit hour that the licensee successfully completes. The maximum number of allowable continuing education hours shall be 30;
  (2) an academic professional counseling course, or an academic course oriented to the enhancement of a professional counselor's practice, values, ethics, skills, or knowledge, that is audited. Each licensee may receive continuing education credit on the basis of the actual contact time that the licensee spends attending the course, up to a maximum of 15 hours per academic credit hour. The maximum numbers of allowable continuing education hours shall be 30;
  (3) a seminar, institute, workshop, course, or minicourse. The maximum number of allowable continuing education hours shall be 30;
  (4) 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 allowable continuing education hours shall be 30;
  (5) if a posttest is not provided, an activity consisting of completing a computerized interactive learning module, viewing a telecast or videotape, listening to an audiotape, or reading. The maximum number of allowable continuing education hours shall be five;
  (6) a cross-disciplinary offering in medicine, law, the behavioral sciences, a foreign or sign language, computer science, professional or technical writing, business administration, management sciences, or any other discipline if the offering is clearly related to the enhancement of a professional counselor's practice, values, ethics, skills, or knowledge. The maximum number of allowable continuing education hours shall be 10;
  (7) a self-directed learning project preapproved by the board. The maximum number of allowable continuing education hours shall be 10;
  (8) providing supervision to graduate practicum or intern students, applicants for licensure as clinical professional counselors, or other clinical mental health practitioners. The maximum number of allowable continuing education hours shall be 10;
  (9) the first-time preparation and presentation of a professional counseling course, seminar, institute, workshop, or mini-course. The maximum number of allowable continuing education hours shall be 10 for documented preparation and presentation time;
  (10) the first-time publication of a professional counseling article in a juried professional journal. The maximum number of allowable continuing education hours shall be 10; and
  (11) participation in professional organizations or appointment to professional credentialing boards, if the goals of the organizations or boards are clearly related to the enhancement of professional counseling practice, values, ethics, skills, and knowledge. Participation may include holding office or serving on committees of the organization or board. The maximum number of allowable continuing education hours shall be 10.
  (e) Continuing education credit approval shall not be granted for identical programs if the programs are completed within the same renewal period.
  (f) Continuing education credit shall not be granted for the following:
  (1) First aid, CPR, infection control, or occupational health and safety courses;
  (2) in-service training, if the training is for job orientation or job training, or is specific to the employing agency; or
  (3) any activity for which the licensee cannot demonstrate to the board's satisfaction that the program's goals and objectives are to enhance the licensee's practice, values, ethics, skills, or knowledge in professional counseling.
  (g) Each licensee shall maintain individual, original continuing education records. These records shall document the licensee's continuing education activity attendance, participation, or completion as specified in K.A.R. 102-3-11a. Any licensee may be required to submit these records to the board at least 30 days before the expiration date of each current licensure period.
(Authorized by K.S.A. 74-7507; implementing K.S.A. 65-5806 and 74-7507; effective Dec. 19, 1997; amended July 11, 2003.)

102-3-11.   Revoked.
(Authorized by and implementing K.S.A. 1989 Supp. 65-5807 and K.S.A. 1989 Supp. 74-7507; effective, T-102-6-13-88, June 13, 1988; effective, T-102-10-17-89, Oct. 17, 1989; effective Feb. 25, 1991; revoked Dec. 19, 1997.)

102-3-11a.   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 signed statement, by the instructor, of 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 or the number of hours of continuing education 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 supervised 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 evaluation and certification of the number of continuing education credit hours to be granted; or
  (j) the media format, content title, presenter or sponsor, content description, run time, and activity date when videotapes, audio-tapes, computerized interactive learning modules, or telecasts were utilized for continuing education purposes.
(Authorized by K.S.A. 1996 Supp. 74-7507; implementing K.S.A. 1996 Supp. 65-5806; effective Dec. 19, 1997.)

102-3-12.   Revoked.
(Authorized by and implementing K.S.A. 1988 Supp. 65-5806 and K.S.A. 1988 Supp. 74-7507; effective, T-102-6-13-88, June 13, 1988; effective, T-102-10-17-89, Oct. 17, 1989; effective Dec. 4, 1989; revoked Dec. 19, 1997.)

102-3-12a.   Unprofessional conduct.
  (a) Any license may be suspended, limited, conditioned, qualified, restricted, revoked, not issued, or not renewed upon a finding of unprofessional conduct.
  (b) Any of the following acts by a licensed professional counselor, a licensed clinical professional counselor, or an applicant for a professional counselor license or a clinical professional counselor license 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) failing to notify the board within a reasonable time that any of the following circumstances apply to any person regulated by the board or applying for licensure or registration, including oneself:
  (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 investigatory or disciplinary proceedings;
  (B) been subject to any other disciplinary action by any credentialing board, professional association, or professional organization;
  (C) been demoted, terminated, suspended, reassigned, asked to resign, or has resigned from employment for some form of misfeasance, malfeasance, or nonfeasance;
  (D) been convicted of a crime; or
  (E) 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 professional practice of professional counseling or clinical professional counseling;
  (6) furthering the licensure or registration application of another person who is known or reasonably believed to be unqualified in respect to character, education, or other relevant eligibility requirements;
  (7) knowingly aiding or abetting any individual who is not credentialed by the board to represent that individual as a person credentialed by the board;
  (8) failing to recognize, seek intervention, and otherwise appropriately respond when one's own personal problems, psychosocial distress, or mental health difficulties interfere with or negatively impact professional judgment, professional performance and functioning, or the ability to act in the client's best interests;
  (9) refusing to cooperate in a timely manner with any request for a response, information, or assistance from the board with respect to the investigation of any report of an alleged violation filed against the licensee or applicant, any other licensee or applicant, or any professional licensed or registered by the board. Any person taking longer than 30 days to provide the requested response, information, or assistance shall have the burden of demonstrating that the person has acted in a timely manner;
  (10) offering to perform or performing professional counseling, assessments, consultations, or referrals clearly inconsistent or incommensurate with training, education, experience, and accepted professional standards;
  (11) treating any client, student, directee, or supervisee in a cruel manner;
  (12) discriminating against any client, student, directee, 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 counseling 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, and 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, student, directee, or supervisee of any financial interests that might accrue to the professional counselor or clinical professional counselor from a referral to any other service or from using 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 the professional counselor or clinical professional counselor is employed by that public agency and also offers services privately;
  (18) failing to inform each client, student, directee, or supervisee of the limits of client confidentiality, the purposes for which the information is obtained, and the manner in which it may be used;
  (19) revealing information, a confidence, or a 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) failing to disclose the information presents a clear and present danger to the health and safety of an individual or the public; or
  (C) the professional counselor or clinical professional counselor is a party to a civil, criminal, or disciplinary investigation or action arising from the practice of professional counseling or clinical professional counseling, in which case disclosure is limited to that action;
  (20) failing to obtain written, informed consent from each client, or the client's legal representative or representatives, before performing any of these actions:
  (A) Electronically recording sessions with that client;
  (B) permitting a third-party observation of their activities; or
  (C) releasing information, except as required or permitted by law, to a third person concerning a client;
  (21) failing to protect confidences, secrets, or information concerning other persons when providing a client with access to that client's records;
  (22) failing to exercise due diligence in protecting the information, confidences, and secrets of the client from disclosure by other persons in the professional counselor's work or practice setting;
  (23) engaging in professional activities, including billing practices and advertising, involving dishonesty, fraud, deceit, or misrepresentation;
  (24) using alcoholic liquor or illegally using a controlled substance while performing the duties or services of a professional counselor or clinical professional counselor;
  (25) making sexual advances toward or engaging in physical intimacies or sexual activities with any client, student, directee, or supervisee of that professional counselor or clinical professional counselor;
  (26) making sexual advances toward, engaging in physical intimacies or sexual activities with, or exercising undue influence over any person who, within the past 24 months, has been a client of the professional counselor or clinical professional counselor;
  (27) exercising undue influence over any client, student, directee, or supervisee, including promoting sales of services or goods in a manner that will exploit the client, student, directee, or supervisee for the financial gain, personal gratification, or advantage of the professional counselor, clinical professional counselor, or a third party;
  (28) directly or indirectly offering, giving, soliciting, receiving, or agreeing to receive any fee or other consideration, to or from a third party, for the referral of the client or in connection with performing professional counselor or clinical professional counselor services;
  (29) permitting any person to share in the fees for professional services other than a partner, employee, associate in a professional firm, or consultant authorized to practice as a professional counselor or clinical professional counselor;
  (30) 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;
  (31) making claims of professional superiority that cannot be substantiated by the professional counselor or clinical professional counselor;
  (32) guaranteeing that satisfaction or a cure will result from the performance of professional services;
  (33) claiming or using any secret or special method of treatment or techniques that the professional counselor or clinical professional counselor refuses to disclose to the board;
  (34) continuing or ordering tests, procedures, or treatment or using treatment facilities or services not warranted by the condition, best interests, or preferences of the client;
  (35) failing to maintain a record for each client that conforms to the following minimal requirements:
  (A) Contain adequate client identification;
  (B) indicate the client's initial reason for seeking the services of the professional counselor or clinical professional counselor;
  (C) contain pertinent and significant information concerning the client's condition;
  (D) reflect the interventions, treatments, tests, procedures, and services obtained, performed, ordered, and recommended and the findings and results of each;
  (E) document the client's progress during the course of intervention or treatment provided by the professional counselor;
  (F) be legible;
  (G) contain only those terms and abbreviations that are comprehensible to similar professional practitioners;
  (H) indicate the date and nature of any professional service that was provided; and
  (I) indicate the manner and process of termination of the professional counseling or clinical professional counseling relationship;
  (36) taking credit for work not personally performed, whether by giving inaccurate or misleading information or failing to disclose accurate or material information;
  (37) if engaged in research, failing to perform the following:
  (A) Consider carefully the possible consequences for human beings participating in the research;
  (B) protect each participant from unwarranted physical and mental harm;
  (C) ascertain that the consent of the participant is voluntary and informed; and
  (D) preserve privacy and protect anonymity of the subjects within the terms of informed consent;
  (38) making or filing a report that the professional counselor or clinical professional counselor knows to be false, distorted, erroneous, incomplete, or misleading;
  (39) failing to notify the client promptly when termination or interruption of service to the client is anticipated;
  (40) failing to seek continuation of service, or abandoning or neglecting a client under or in need of professional care, without making reasonable arrangements for such care;
  (41) abandoning employment under circumstances that seriously impair the delivery of professional care to clients, without providing reasonable notice to the employer;
  (42) failing to terminate the professional counseling or clinical professional counseling services when it is apparent that the relationship no longer serves the client's needs or best interests;
  (43) if the professional counselor or clinical professional counselor is the owner or custodian of client records, failing to retain these records for at least five years after the date of termination of the professional relationship, unless otherwise provided by law;
  (44) supervising or directing in a negligent manner anyone over whom the professional counselor or clinical professional counselor has supervisory or directory responsibility;
  (45) failing to inform a client if professional counseling services are provided or delivered under supervision or direction;
  (46) engaging in a dual relationship with a client, student, or supervisee;
  (47) failing to inform the proper authorities as provided in K.S.A. 38-1522 and amendments thereto when the professional counselor or clinical professional counselor suspects or knows that a client has been involved in injuring or has injured a child, whether by physical, mental, or emotional abuse or neglect, or by sexual abuse;
  (48) failing to inform the proper authorities as required by K.S.A. 39-1431 and amendments thereto that a resident, as defined by K.S.A. 39-1401(a) and amendments thereto, has been or is being abused, neglected, or exploited, is in a condition that is the result of abuse, neglect, or exploitation, or is in need of protective services;
  (49) failing to inform the proper authorities, as required by K.S.A. 39-1431 and amendments thereto, that an adult, as defined in K.S.A. 39-1430 and amendments thereto, is being or has been abused, neglected, or exploited, or is in need of protective services;
  (50) 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;
  (51) offering to perform or performing any service, procedure, or therapy that, by the accepted standards of professional counseling or clinical professional counseling practice in the community, constitutes experimentation on human subjects without first obtaining the full, informed, and voluntary written consent of the client or the client's legal representative or representatives;
  (52) practicing professional counseling or clinical professional counseling in an incompetent manner;
  (53) practicing professional counseling or clinical professional counseling after the expiration of the professional counselor's or clinical professional counselor's license;
  (54) 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;
  (55) diagnosing or treating any client who a professional counselor practicing under direction or a clinical professional counselor has reason to believe is suffering from a mental illness or disease, as opposed to a mental disorder; or
  (56) violating any provision of this act or any regulation adopted under it.
(Authorized by K.S.A. 65-5809 and 74-7507; implementing K.S.A. 65-5809; effective Dec. 19, 1997; amended July 19, 2002; amended Jan. 9, 2004.)

102-3-13.   Revoked.
(Authorized by K.S.A. 1988 Supp. 74-7507; implementing K.S.A. 1988 Supp. 65-5805; effective, T-102-6-13-88, June 13, 1988; effective, T-102-10-17-89, Oct. 17, 1989; effective Dec. 4, 1989; revoked Dec. 19, 1997.)

102-3-14.   Licensee consult with physician when determining symptoms of mental disorders.
  (a) "Consult,'' as used in K.S.A. 65-5804 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. 65-5804, as amended by L. 1999, Ch. 117, Sec. 3; effective Aug. 4, 2000.)

102-3-15.   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 refe