BEHAVIORAL SCIENCES REGULATORY BOARD
State Statutes and Regulations Governing
Revised booklet July – 2004
Statutes last amended July – 1992
Regulations last amended August – 2003
Board Statutes last amended July – 2004
Chapter 65.—PUBLIC HEALTH
ALCOHOL AND OTHER DRUG ABUSE COUNSELORS
65-6601. Definitions.
As used in the alcohol and other drug abuse counselor registration act:
(a) “Alcohol and other drug abuse counseling” means the utilization of special skills to assist persons with alcoholism or other drug addictions, and to assist such persons’ families and friends, to achieve resolution of alcoholism or other drug addiction through the exploration of the disease and its ramifications, the examination of attitudes and feelings, the consideration of alternative solutions and decision making, as these relate specifically to the alcoholism or other addiction. Evaluation and assessment, treatment plan development, case management, crisis intervention, referral, record-keeping and clinical consultation specifically related to the alcoholism or other addiction are within the scope of alcohol and other drug abuse counseling.
(b) “Alcohol and other drug abuse counselor” means any individual who, for compensation, provides alcohol and other drug abuse counseling to persons with alcoholism or other drug addictions, and to the families and friends of such persons, specifically in relation to the alcoholism or other addiction.
(c) “Board” means the behavioral sciences regulatory board created by K.S.A. 74-7501 and amendments thereto.
History: L. 1992, ch. 184, § 1; July 1.
65-6602. Representation as alcohol and other drug abuse counselors, prohibition, misdemeanor; registration of counselors, rules and regulations, qualifications; examination, fee; construction of act.
(a) On and after January 1, 1993, no person shall represent that such person is a registered alcohol and other drug abuse counselor unless such person is registered under this act as an alcohol and other drug abuse counselor. A violation of this subsection is a class C misdemeanor.
(b) The board shall adopt by rules and regulations a system for registration of alcohol and other drug abuse counselors. Such rules and regulations shall include qualifications for registration which promote safe and adequate treatment, evaluation and prevention of alcohol and other drug abuse. Such rules and regulations shall require the following:
(1) A bachelors degree, a masters degree or a doctors degree in a social-services or health related field which includes 18 academic credit hours of coursework in the following care work functions of an alcohol and other drug abuse counselor as follows: Three credit hours screening and intake; three credit hours orientation and assessment; three credit hours treatment planning and counseling; three credit hours case management and crisis intervention; three credit hours client education and referral; and three credit hours reports and record keeping and consultation with other professionals; and
(2) experience of not less than 500 hours of practicum and 2,500 hours of supervised work experience, at least 1,000 hours of which are postgraduate hours, under the supervision of a registered alcohol and other drug abuse counselor, or an individual qualified for registration as an alcohol or other drug abuse counselor under this act, within three years immediately preceding first registration under this act.
(c) The board shall require each person seeking registration as an alcohol and other drug abuse counselor to successfully complete an examination prescribed by the board. The board shall fix by rules and regulations a fee for such examination in an amount sufficient to pay for the costs and administration thereof. Any person desiring to take the examination shall first submit satisfactory proof that the person has the qualifications required pursuant to subsection (b) or (d).
(d) A person who does not have the qualifications prescribed pursuant to subsection (b) may qualify for examination and, upon passage of the examination, registration pursuant to this act if the person submits satisfactory proof that, on December 31, 1992, the person:
(1) Is practicing as an alcohol and other drug abuse counselor in this state, has an offer of employment as an alcohol and other drug abuse counselor in this state or is an alcohol and other drug abuse counselor living in this state; and
(2) has 1,000 hours of experience as an alcohol and other drug abuse counselor within the immediately preceding 12-month period or has 3,000 hours of experience in alcohol and other drug abuse counseling within the immediately preceding 60-month period.
(e) A person may qualify for registration if such person submits satisfactory proof that the person was practicing as an alcohol and other drug abuse counselor in another state and is qualified in accordance with standards which the board determines are comparable to those provided pursuant to this act.
(f) Nothing in the alcohol and other drug abuse counselor registration act shall be construed to authorize a person registered under the act to diagnose or treat mental illness or mental disease.
History: L. 1992, ch. 184, § 2; July 1.
65-6603. Registration; duration; renewal, application and fee; suspension or revocation, reinstatement; continuing education; rules and regulations; duplicate registration.
(a) Registration under this act shall be for a period of two years. A registration may be renewed upon application and payment of the renewal fee. A person whose registration has been suspended or revoked may make written application to the board requesting reinstatement of the registration upon termination of the period of suspension or revocation in a manner prescribed by the board, which application shall be accompanied by the reinstatement fee established by the board. The application for renewal of a registration shall be accompanied by evidence satisfactory to the board that the applicant has completed during the previous two-year period the continuing education required by rules and regulations of the board.
(b) The board shall fix by rules and regulations fees for applications for registration, renewal of registration and reinstatement of registration under this act. Such fees shall be fixed in amounts
to cover the costs of administering the provisions of this act, but not to exceed $100. The board
shall remit all moneys received from fees collected under this act to the state treasurer at least
monthly. Upon receipt of each such remittance the state treasurer shall deposit the entire amount
thereof in the state treasury and credit such amount as provided under K.S.A. 74-7506 and amendments thereto.
(c) The application for renewal shall be made at least 30 days before the date of the expiration of the registration. If the application for renewal, including payment of the required renewal fee, is not made on or before the date of the expiration of the registration, the registration is void, and no registration shall be reinstated except upon payment of the required renewal fee, plus a penalty equal to the renewal fee. Upon receipt of such payment and proof, the board shall reinstate the registration, except that no registration shall be reinstated if such payment and proof is received more than one year after the date of expiration of the registration.
(d) A duplicate registration shall be issued by the board upon receipt of a $20 fee.
History: L. 1992, ch. 184, § 3; July 1.
65-6604. Refusal to issue or renew, suspension, limitation or revocation of registration; grounds; applicability of Kansas administrative procedure act.
(a) The board may deny, refuse to renew, suspend, limit or revoke any registration pursuant to this act if the registrant or applicant:
(1) Has obtained or attempted to obtain registration by means of fraud, misrepresentation or concealment of material facts;
(2) has been convicted of a crime found by the board to have a direct bearing on whether the
registrant or applicant can be entrusted to serve the public in the position of alcohol and other
drug abuse counselor;
(3) has used any advertisement or solicitation which is false, misleading or deceptive to the
general public or persons to whom the advertisement or solicitation is primarily directed; or
(4) has violated any lawful order or rule and regulation of the board.
(b) Suspension, limitation, revocation or refusal to issue or renew registration pursuant to this section shall be in accordance with the Kansas administrative procedure act.
History: L. 1992, ch. 184, § 4; July 1.
65-6604. Advisory committee; purpose; composition; expenses; expiration.
The board shall appoint an advisory committee for the purpose of assistance in adopting rules and regulations pursuant to this act. The advisory committee shall be composed of 3 members who are registered alcohol and other drug abuse counselors under this act or are qualified for registration as alcohol and other drug abuse counselors under this act. Members of the advisory committee shall receive amounts provided for in subsection (e) of K.S.A. 75-3223 and amendments thereto for each day of actual attendance at any meeting of the advisory committee or any subcommittee meeting authorized by the advisory committee, and such amounts shall be paid from the behavioral sciences regulatory board fee fund. The provisions of this section shall expire on the date the original permanent rules and regulations of the board become effective.
History: L. 1992, ch. 184, § 5; July 1.
65-6606. Citation of act.
K.S.A. 65-6601 to 65-6605, inclusive, and amendments thereto, shall be known and may be cited as the alcohol and other drug abuse counselor registration act.
History: L. 1992, ch. 184, § 8; July 1.
Amended July 1992
Registering of Alcohol and Other Drug Abuse Counselors
Article 102-6 Registered Alcohol And Other Drug Abuse Counselor
102-6-1. Definitions.
(a) "Client or patient" means a person who is a direct recipient of alcohol or other drug abuse counseling services.
(b) "Termination of an alcohol or other drug abuse counseling relationship" means to end the professional relationship by either the mutual consent of the parties, the completion of counseling, dismissal of the counselor, dismissal of the client or the transfer of the client to another professional for active treatment or therapy with the belief that treatment will continue.
(c) "Alcohol and other drug abuse counselor supervisor" means a registered alcohol and other drug abuse counselor, or an individual qualified for registration as an alcohol or other drug abuse counselor under K.S.A. 65-6601 et seq. and amendments thereto, and who has or had total or partial, administrative or professional authority over and responsibility for the supervisee's professional functioning.
(d) "Supervisee" means a person whose work is supervised by an alcohol and other drug abuse counselor supervisor as defined in K.A.R. 102-6-1(c)
(e) "Consultant" means an individual who provides professional guidance, information or advice, but who has no administrative or professional authority over or responsibility for the professional functioning of the consultee.
(f) "Continuing education" means programs or activities with content that is designed to enhance the alcohol and other drug abuse counselor's knowledge, skill, values and ability to practice alcohol and other drug abuse counseling.
(g) "Prior-approved continuing education" means:
(1) any single-program 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 alcohol and other drug abuse counseling courses audited or taken for credit.
(h) "Misfeasance" means the improper performance of a lawful act by a licensee or registrant.
(i) "Nonfeasance" means the omission of an act that a licensee or registrant is required to perform.
(j) "Malfeasance" means performing an act a licensee or registrant is prohibited from performing.
(k) "Job orientation" or "on-the-job training" means a training program or presentation of information specific to a particular job or employment position that has no general application to any other work setting.
(1) "Dual relationship" means a professional relationship with a client when the objectivity or competency of the licensee or registrant is impaired because of the licensee's or registrant's present or previous familial, social, sexual, emotional, financial, supervisory, political, administrative or legal relationship with the client.
(m) "Health-related field" means a degree program in nursing, healing arts, dentistry and allied health.
(n) "Social services field" means a degree program in the social services and may include social work, psychology, sociology, counseling, ministerial studies, human services, criminal justice and human development and family studies.
(o) "Board" means the behavioral sciences regulatory board.
(p) "Undue influence" means promoting sales of services, goods, equipment or drugs in a manner that exploits the other for the financial gain, personal gratification or advantage of the alcohol and other drug abuse counselor or a third party.
(q) "Practicum or its equivalent'' means a supervised experience where a student applies classroom theory to actual practice situations.
(Authorized by and implementing K.S.A. 74-7507(j); effective July 17, 1995.)
102-6-2. Fees.
(a) Each applicant for registration as an alcohol and other drug abuse counselor shall pay the appropriate fee set forth below:
(1) application for registration, $100;
(2) renewal of registration, $100;
(3) examination, $100;
(4) replacement registration, $20; or
(5) reinstatement of registration, $100.
(b) Each applicant who submits an application for registration renewal after the date of the registration's expiration shall pay a penalty fee of $100 in addition to the renewal fee of $100.
(c) Any fee paid to the board shall be non-refundable.
(Authorized by and implementing K.S.A. 65-6602(c) and 65-6603; effective July 17, 1995.)
102-6-3. Educational requirements. *RESERVED*
102-6-4. Application materials and process.
(a) An applicant shall not be given a tentative judgment on the applicant's eligibility for registration as an alcohol or other drug abuse counselor until all supporting documents are received and application procedures are completed, unless it is obvious that the applicant does not qualify for registration on the basis of education.
(b) Each request for registration application materials shall be forwarded to the executive director of the board. Each completed application shall be on forms provided by the board and shall include:
(1) the applicant's transcript covering all applicable college or university coursework. Each applicant shall arrange for the applicant's transcript to be sent directly from each academic institution to the board office; and
(2) full payment of the application fee as provided in K.A.R. 102-6-2. The fee shall be submitted prior to the deadlines established by the board.
(c) Each applicant who is attempting to qualify for registration pursuant to K.S.A. 65-6602(b) and amendments thereto, shall provide the name of each person who has provided practicum supervision and supervised work experience for the applicant, and who can attest on a form provided by the board, that the applicant has successfully completed the minimum number of hours of practicum and supervised work experience required in K.S.A. 65-6602(b).
(d) Each applicant who is attempting to qualify for registration pursuant to K.S.A. 65-6602(d) and amendments thereto, shall provide the name of each person who can attest to the board on a form provided by the board, that the applicant has satisfied the experience and practice requirements set out in K.S.A. 65-6602(d).
(e) Each applicant who is attempting to qualify for registration pursuant to K.S.A. 65-6602(e) and amendments thereto, shall make arrangements with the credentialing body of the state in which the applicant is credentialed to provide sufficient information to the board that enables the board to determine whether comparable standards exist.
(f) Each application shall be held through two consecutive examinations. If an applicant has not been registered after the second examination because of the applicant's failure to pass the examination or failure to sit for the examination, the application shall expire. If the applicant demonstrates to the board's satisfaction that extenuating circumstances prevented the applicant from sitting for the examination, the application may remain active and the applicant may sit for the next regularly scheduled examination.
(g) Any application may, for lack of qualifications or as an incomplete application, be tabled for a period not to exceed one year. If the applicant has not met the qualifications by the end of that year, or if the application remains incomplete, the application shall expire. Upon expiration, an application may be renewed if the applicant submits a new application, the required fee and all supporting documents.
(h) Transcripts from outside the United States. Each applicant who graduated from a college or university outside the United States shall submit the applicant's official transcript, an officially translated English copy of the applicant's transcript and supporting documents. Each transcript shall be translated by a source and in a manner that is acceptable to the board.
(Authorized by K.S.A. 65-6602(b) and 74-7507(j) and implementing K.S.A. 65-6602; effective July 17, 1995.)
102-6-5. Examinations.
(a) Each applicant for registration shall pass a standard written examination approved by the board. The pass criterion score shall be the national mean of all first time candidates for each examination administered.
(b)(1) The written examination may be waived by the board and an oral examination substituted if an applicant is unable to take the written examination because a disability precludes taking or completing the written examination or may severely affect the applicant's performance on the written examination.
(2) The written examination may also be waived by the board if an applicant successfully passed, at a level equal to or greater than the pass criterion score, a written examination deemed by the board to be substantially equivalent to a written examination approved by the board and used in this state.
(c) Oral examinations.
(1) A panel of registered alcohol or drug abuse counselors may be designated and contract with the board to conduct the oral examinations and make recommendations to the board based on the performance evaluation of the applicant.
(2) Each oral examination shall be recorded verbatim and shall include an assessment of the applicant's:
(A) Effectiveness and clarity of expression;
(B) knowledge and skills of alcohol or drug abuse counseling; and
(C) knowledge and awareness of ethical issues and problems for alcoho1 or drug abuse counselors in general.
(3) The decision as to whether an applicant passed or failed an oral examination may be based on a review of the recommendation of the oral examination panel and review of the verbatim recordings, when necessary.
(d) Each applicant who takes a written or an oral examination shall be notified of the applicant's examination results in writing.
(e) Each applicant for registration who fails to pass the required examination shall submit the fee set forth in K.A.R. 102-6-2 for each subsequent examination that the applicant attempts to pass.
(Authorized by K.S.A. 74-7507(i) and implementing K.S.A. 65-6602(c); effective July 17, 1995.)
102-6-6. *RESERVED*
102-6-7. Professional supervised experience. *RESERVED*
102-6-8. Registrations.
(a) Each applicant who meets the standards for registration shall receive a certificate of registration appropriate for display.
(b) Each applicant or each registrant shall notify the board office in writing of any address or name change within 30 days after the change.
(c) In the case of a revocation, suspension, voluntary surrender or the expiration of the registration, the registrant shall return the registration certificate to the board's executive director within 30 days of the revocation, suspension, voluntary surrender or expiration.
(Authorized by K.S.A. 74-7507(j); implementing K.S.A. 65-6603; effective July 17, 1995.)
102-6-9. Renewal.
(a) To be considered for registration renewal, each registered alcohol or other drug abuse counselor shall submit a completed renewal application, supporting documents, and the renewal fee prescribed in K.A.R. 102-6-2 to the board.
(b) At the time of renewal, each registered alcohol or other drug abuse counselor shall submit evidence of satisfactory completion of the required number of hours of continuing education, three hours of which shall be taken in an ethics seminar, workshop, or course as defined in K.A.R. 102-6-10.
(Authorized by K.S.A. 74-7507; implementing K.S.A. 65-6603 and 74-7507; effective July 17, 1995; amended July 11, 2003.)
102-6-10. Continuing education for registrants.
(a) Each registrant shall complete 30 hours of documented and approved continuing education during each two year renewal period. Continuing education hours accumulated in excess of the 30-hour requirement shall not be carried over to the next renewal period.
(b) As a part of the required 30 hours, each registrant shall complete a program on professional ethics or unprofessional conduct consisting of at least three hours of formal training. This program shall meet the definition of alcohol or other drug abuse counseling continuing education contained in K.A.R. 102-6-1 and shall focus on ethical issues or unprofessional conduct issues associated with the alcohol or other drug abuse profession. These hours shall be obtained from any of the types of acceptable continuing education specified in paragraphs (d)(1), (d)(2), (d)(3), (d)(4), (d)(9), and (d)(10).
(c) Credit for approved programs shall be awarded on the basis of one continuing education hour for each 50 minutes actually spent in attendance at instructional activities. One-quarter continuing education hour shall be awarded for attendance of at least 15 but less than 30 minutes. No continuing education credit may be claimed for fractional units smaller than 15 minutes.
(d) Acceptable continuing education, whether taken within the state or outside of the state, shall include the following:
(1) An academic alcohol or other drug abuse counseling course, or an academic course oriented to the enhancement of alcohol and other drug abuse counselor's practice, values, ethics, skills, or knowledge, that is taken for academic credit. Each registrant shall be granted 15 continuing education hours for each academic credit hour that the registrant successfully completes. The maximum number of allowable continuing education hours shall be 30;
(2) an academic alcohol and other drug abuse counselor course, or an academic course oriented to the enhancement of alcohol and other drug abuse counselor's practice, values, ethics, skills, or knowledge, that is audited. Any registrant may receive continuing education credit on the basis of the actual contact time that the registrant spends attending the course, up to a maximum of 15 hours per academic credit hour. The maximum number of allowable continuing education hours shall be unlimited;
(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 video tape, 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 an alcohol or other drug abuse counselor's practice, values, 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) supervision of graduate practicum students, applicants for registration as alcohol or other drug abuse counselors, or other professional mental health practitioners engaged in alcohol or other drug abuse counseling. The maximum number of allowable continuing education hours shall be 10;
(9) the first-time preparation and presentation of an alcohol or other drug abuse counseling course, seminar, institute, workshop, course, or mini-course. The maximum number of allowable continuing education hours shall be 10 for documented preparation and presentation time; and
(10) the first-time publication of an alcohol or other drug abuse counseling article in a juried professional journal. The maximum number of allowable continuing education hours shall be 10.
(e) Approval shall not be granted for any of the following:
(1) Identical programs if the programs are completed within the same registration renewal period;
(2) job orientation, in-service training or on-the-job training if the training is solely for job orientation or job training or is specific to the employing agency;
(3) first aid courses, including CPR; or
(4) any activity for which the registrant cannot demonstrate that the program's goals and objectives are to enhance the registrant's practice, values, skills, or knowledge in alcohol or other drug abuse counseling.
(f) Each registrant shall maintain individual continuing education records. Continuing education records shall document the registrant's attendance as specified in K.A.R. 102-6-11. These records may be required to be submitted to the board at least 30 days before the expiration date of each current registration period.
(Authorized by and implementing K.S.A. 74-7507 and K.S.A. 65-6603; effective July 17, 1995; amended July 11, 2003.)
102-6-11. Documentation for continuing education.
Any of the following original, signed forms of documentation shall be accepted as proof of completion of a continuing education program:
(a) A passing grade for an academic credit course;
(b) a signed statement, by the instructor, of hours attended for an audited academic course;
(c) a signed statement of attendance from the provider or sponsor of the institute, symposium, workshop or seminar;
(d) a copy of the article or book chapter and verification of publication or written presentation at a professional meeting. These materials shall be submitted to the board for evaluation and certification of the number of hours of credit to be granted;
(e) a copy of the academic course syllabus and verification that the course was presented;
(f) a copy of the brochure announcing the registrant as the presenter 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 registrant provided supervision to undergraduate or graduate students or from the supervisee that the registrant provided supervision; or
(i) a copy of the self-directed learning project. This copy shall be submitted to the board for evaluation and certification of the number of credit hours to be granted.
(Authorized by and implementing K.S.A. 74-7507(g) and K.S.A. 65-6603; effective July 17, 1995.)
102-6-12. Unprofessional conduct.
(a) Any registration may be suspended, limited, or revoked or not issued or renewed upon a finding of unprofessional conduct.
(b) The following acts by an alcohol or other drug abuse counselor shall constitute unprofessional conduct:
(l) practicing in an incompetent manner;
(2) offering to perform or performing services that are clearly unwarranted by education, training or experience;
(3) diagnosing or treating mental illness or mental disease;
(4) reporting distorted, erroneous or misleading alcohol or drug abuse counseling information;
(5) taking credit for work not personally performed;
(6) engaging in fraudulent or deceitful billing practices;
(7) impersonating another person holding a license or registration issued by the board;
(8) knowingly allowing another person to use one's registration;
(9) acting as a sponsor of any client, patient, supervisee or student of the alcohol or other drug abuse counselor who participates in a self-help group;
(10) engaging in a dual relationship with, making sexual advances toward, engaging in sexual activities with, or exercising undue influence over any client or patient who participates in a self-help group, any client, patient, supervisee or student of the alcohol or other drug abuse counselor;
(11) engaging in a dual relationship with, making sexual advances toward, engaging in sexual activities with or exercising undue influence over any person who has been a client or patient within two years after termination of the alcohol or other drug abuse counselor relationship;
(12) 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 alcohol or other drug abuse counselor, any 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;
(13) failing to notify the board within a reasonable time that the alcohol or other drug abuse counselor has reason to believe or has knowledge, not obtained in the context of confidentiality, that any person regulated by the board or applying for licensure or registration, including that alcohol or other drug abuse counselor has:
(A) had any license, certificate, permit, registration or other certificate granted by any jurisdiction limited, conditioned, qualified, restricted, suspended, revoked or not issued or renewed or voluntarily surrendered;
(B) been subject to any other disciplinary action by a licensing or certifying authority or professional association;
(C) been demoted, terminated or suspended from the person's employment for some form of misfeasance, malfeasance or nonfeasance;
(D) been convicted of a felony, misdemeanor or serious traffic offense pursuant to Kansas statutes, chapter 8, article 15 and amendments thereto; or
(E) practiced or taught the registrant's or licensee's profession in violation of the laws or regulations regulating that professional;
(14) furthering the application for alcohol or other drug abuse counseling of another person known by the alcohol or other drug abuse counselor to be unqualified with respect to the applicant's experience, education or other relevant qualifications;
(15) knowingly aiding or abetting anyone who is not a registered alcohol or other drug abuse counselor to represent himself or herself as a registered alcohol or other drug abuse counselor;
(16) claiming or using any secret or special method of assessment or therapy technique that the alcohol or other drug abuse counselor refuses to divulge to the board;
(17) making unsubstantiated claims of professional superiority;
(18) guaranteeing that satisfaction will result from the performance of professional services;
(19) knowingly engaging in fraudulent or misleading advertising;
(20) failing to maintain a record for each client or patient that accurately reflects the client's or patient's contact with the alcohol or other drug abuse counselor. Any alcohol or other drug abuse counselor who is the owner or custodian of client or patient records shall retain such records for at least two years after the date of termination of the professional relationship, unless otherwise provided by law;
(21) failing to exercise adequate supervision over anyone with whom the alcohol or other drug abuse counselor has a supervisory relationship;
(22) continuing or ordering tests or assessment tools, procedures, or counseling not warranted by the needs or preferences of any client or patient;
(23) treating any client, patient, student, supervisee or colleague in a cruel manner;
(24) discriminating against any client, patient, student, supervisee or colleague on the basis of color, race, gender, religion, national origin, ancestry, age or disability;
(25) failing to advise and explain to any client or patient the joint rights, responsibilities and duties involved in the alcohol or drug abuse counseling relationship;
(26) failing to provide any client or patient with a description of what the client or patient may expect in the way of tests, consultation, reports, fees, billing, therapeutic regimen or schedule, or failing to reasonably comply with the description;
(27) failing to provide any client or patient with a description of the possible effects of the proposed treatment when there are clear and established risks to the client or patient;
(28) failing to inform any client or patient of any financial interests that might accrue to the alcohol or other drug abuse counselor from referral to any other service or from the use of any tests, books or apparatus;
(29) 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 a client or patient or in connection with the performance of professional services;
(30) permitting any person to share in the fees for professional services, other than a partner, employee, an associate in a professional firm or a consultant authorized to practice the same profession;
(31) failing to inform each client, patient, supervisee or student of the limits of disclosure of information, the purposes for which information is obtained, and how it may be used;
(32) failing to obtain written, informed consent from any client, patient or the legal representative of the client or patient before:
(A) electronically recording sessions with any client or patient;
(B) releasing information to a third party concerning any client or patient, except as permitted or required by law; or
(C) permitting a third-party observation of patient or client activities;
(33) revealing information, a confidence or a secret of any person or failing to protect the confidences or information concerning other persons contained in a client's or patient's records, except when:
(A) disclosure is required or-permitted by law:
(B) failure to disclose the information prevents a clear and present danger to the health or safety of an individual;
(C) the person, employee or associate is a party to a civil, criminal or disciplinary investigation or action arising from the alcohol or drug abuse counseling, in which case a waiver of the privilege accorded by this paragraph is limited to that action;
(D) the patient or client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses in that person's behalf; or
(E) a patient or client agrees to a waiver of the privilege accorded by this paragraph;
(34) failing to exercise due diligence in protecting information, confidences and secrets of any client, patient, supervisee or student of the alcohol or other drug abuse counselor from disclosure by employees, associates and others whose services are utilized by the alcohol or other drug abuse counselor;
(35) if engaged in research, failing to:
(A) consider carefully the possible consequences for human beings participating in the research;
(B) protect each participant from unwarranted physical or mental harm;
(C) obtain the written, voluntary and informed consent of the participant; and
(D) treat information obtained as confidential;
(36) failing to terminate the alcohol or drug abuse counseling relationship when it is apparent that the relationship no longer serves the needs of the client or patient;
(37) abandoning or neglecting any client or patient under or in need of care without making reasonable arrangements for the continuation of that care;
(38) abandoning employment, under circumstances that seriously impair the delivery of professional care to clients or patients without providing reasonable notice to the employer;
(39) providing counseling services while using alcoholic beverages or controlled substances or using drugs or alcohol, or both, to an extent that impairs the individual's ability to engage in the practice of alcohol or other drug abuse counseling, or interferes with the credibility of services provided by the alcohol or other drug abuse counselor;
(40) violating 42 CFR, Part 2, as in effect on October 1, 1991, concerning confidentiality of alcohol or drug abuse records maintained in connection with any federally assisted alcohol or drug abuse program;
(41) acting with gross incompetence or gross negligence in the practice of the profession;
(42) failing to inform the proper authorities pursuant to K.S.A. 58-1522 and amendments thereto when it is suspected that a client has been involved in injuring or has injured a child either by physical, mental or emotional abuse or neglect or sexual abuse;
(43) failing to inform the proper authorities pursuant to K.S.A. 59-1451 and amendments thereto that a resident as defined by K.S.A. 59-1401(a) has been or is being abused, neglected or exploited, or is in a condition which is the result of such abuse, neglect or exploitation or is in need of protective services; or
(44) failing to inform the proper authorities pursuant to K.S.A. 59-1451 and amendments thereto that an adult, as defined in K.S.A. 59-1450 and amendments thereto, is being or has been abused, neglected or exploited or is in need of protective services.
(Authorized by and implementing K.S.A. 74-7507(f); effective July 17, 1995)
102-6-13. Services rendered to individuals located in this state.
Each person, regardless of the person’s location, who engages in either of the following activities shall be deemed to be engaged in the practice of alcohol and drug abuse counseling in this state and shall be required to hold a registration, issued by the board, to practice alcohol and other drug abuse counseling as a registered alcohol and other drug abuse counselor:
(a) performs any act included in subsection (a) of K.S.A. 65-6601, and amendments thereto, on or for one or more individuals located in this state; or
(b) represents oneself to be a registered alcohol and drug abuse counselor available to perform
any act included in subsection (a) of K.S.A. 65-6601, and amendments thereto, on or for one or more individuals located in this state.
(Authorized by K.S.A. 1999 Supp. 74-7507 and K.S.A. 65-6602; implementing K.S.A. 65-6602; effective May 11, 2001.)
Amended August 2003