Regulations PC

Article 102-3 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.)

102-3-9b. Renewal audit.

(a) A random audit of the continuing education documentation for 10 percent of the professional counselor licenses and the

clinical professional counselor licenses expiring each month shall be conducted by the board.

(b) Each licensee selected for the random audit shall be notified in writing after the board has received the licensee’s renewal

application form required by K.A.R. l02-3-9a.

(c) Upon board notification, each renewal applicant shall submit the following to the board within 30 days after the license

expiration date:

(1) The completed renewal audit forms; and

(2) the original continuing education documents that validate all continuing education units claimed for credit during the current

renewal period.

(d) Continuing education units that a renewal applicant earns after board receipt of the renewal application form shall not be

approved for continuing education credit for the current renewal period.

(e) Failure to comply with this regulation shall be considered unprofessional conduct.

(Authorized by and implementing K.S.A. 65-5806 and K.S.A. 2007 Supp. 74-7507; effective Feb. 13, 2009.)

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) except when the information has been obtained in the context of confidentiality, failing to notify the board, within a

reasonable period of time, that any of the following circumstances apply to any person regulated by the board or applying for

a license 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 or during investigatory or disciplinary

proceedings;

(B) has been subject to any other disciplinary action by any credentialing board, professional association, or professional

organization;

(C) has been demoted, terminated, suspended, reassigned, or asked to resign from employment, or has resigned from

employment, for some form of misfeasance, malfeasance, or nonfeasance;

(D) has been convicted of a crime; or

(E) has practiced the licensee’s or registrant’s profession in violation of the laws or regulations regulating the profession;

(3) knowingly allowing another person to use one’s license or registration;

(4) impersonating another person holding a license or registration issued by this or any other board;

(5) having been convicted of a crime resulting from or relating to the licensee’s 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 with respect to character, education, or other relevant eligibility requirements;

(7) knowingly aiding or abetting any individual who is not credentialed by the board to represent that individual as a person

who is credentialed by the board;

(8) failing to recognize, seek intervention, and otherwise appropriately respond when one’s own personal problems,

psychosocial distress, or mental health difficulties interfere with or negatively impact professional judgment, professional

performance and functioning, or the ability to act in the client’s best interests;

(9) failing or refusing to cooperate in a timely manner with any request from the board for a response, information, or

assistance with respect to the board’s investigation of any report of an alleged violation filed against oneself or any other

applicant or professional who is required to be licensed or registered by the board. Any person taking longer than 30 days to

provide the requested response, information, or assistance shall have the burden of demonstrating that the person has acted

in a timely manner;

(10) offering to perform or performing professional counseling, assessments, consultations, or referrals clearly inconsistent or

incommensurate with one’s training, education or experience or with 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 the information 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) failure to disclose the information presents a clear and present danger to the health or safety of an individual or the public;

or

(C) the 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 concerning a client to a third person, except as required or permitted by law;

(21) failing to protect confidences of, secrets of, 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 regarding and the confidences and secrets of the client from

disclosure by other persons in one’s work or practice setting;

(23) engaging in professional activities, including billing practices and advertising, involving dishonesty, fraud, deceit, or

misrepresentation;

(24) using alcohol 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 one’s client, student, directee,

or supervisee;

(26) making sexual advances toward, engaging in physical intimacies or sexual activities with, or exercising undue influence

over any person who, within the past 24 months, has been one’s client;

(27) exercising undue influence over any client, student, 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 oneself or a third party;

(28) directly or indirectly offering or giving to a third party or soliciting, receiving, or agreeing to receive from a third party

any fee or other consideration for the referral of the client or in connection with 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 one cannot substantiate;

(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 one refuses to disclose to the board;

(34) continuing or ordering tests, procedures, or treatments or using treatment facilities or services not warranted by the

condition, best interests, or preferences of the client;

(35) failing to maintain a record for each client that conforms to the following minimal requirements:

(A) Contains adequate identification of the client;

(B) indicates the client’s initial reason for seeking the services of the professional counselor or clinical professional counselor;

(C) contains pertinent and significant information concerning the client’s condition;

(D) summarizes the interventions, treatments, tests, procedures, and services that were obtained, performed, ordered, or

recommended and the findings and results of each;

(E) documents the client’s progress during the course of intervention or treatment provided by the professional counselor;

(F) is legible;

(G) contains only those terms and abbreviations that are comprehensible to similar professional practitioners;

(H) indicates the date and nature of any professional service that was provided; and

(I) describes the manner and process by which the professional counseling or clinical professional counseling relationship

terminated;

(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 fulfill these requirements:

(A) Consider carefully the possible consequences for human beings participating in the research;

(B) protect each participant from unwarranted physical and mental harm;

(C) ascertain that the consent of each participant is voluntary and informed; and

(D) preserve the privacy and protect the anonymity of each subject of the research within the terms of informed consent;

(38) making or filing a report that one 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 that care;

(41) abandoning employment under circumstances that seriously impair the delivery of professional care to clients and

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 for whom one 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. 38-2223, and amendments thereto, that one knows or has

reason to believe that a client has been involved in harming or has harmed a child, whether by physical, mental, or emotional

abuse or neglect or by sexual abuse;

(48) failing to inform the proper authorities as required by K.S.A. 39-1402, and amendments thereto, that one knows or has

reason to believe that any of the following circumstances apply to a resident, as defined by K.S.A. 39-1401(a) and

amendments thereto:

(A) Has been or is being abused, neglected, or exploited;

(B) is in a condition that is the result of abuse, neglect, or exploitation; or

(C) is in need of protective services;

(49) failing to inform the proper authorities as required by K.S.A. 39-1431, and amendments thereto, that one knows or has

reason to believe that any of the following circumstances apply to an adult, as defined in K.S.A. 39-1430 and amendments

thereto:

(A) Is being or has been abused, neglected, or exploited;

(B) is in a condition that is the result of abuse, neglect, or exploitation; or

(C) is in need of protective services;

(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, would constitute experimentation on human subjects

without first obtaining the full, informed, and voluntary written consent of the client or the client’s legal representative or

representatives;

(52) practicing professional counseling or clinical professional counseling in an incompetent manner;

(53) practicing professional counseling or clinical professional counseling after one’s license expires;

(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. 2007 Supp. 65-5809 and 74-7507; implementing K.S.A. 2007 Supp. 65-5809; effective Dec. 19,

1997; amended July 19, 2002; amended Jan. 9, 2004; amended Aug. 8, 2008.)

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 reference.

(Authorized by K.S.A. 65- 5802, 65-5804, and K.S.A. 2004 Supp. 74-7507; implementing K.S.A. 65-5804; effective

Aug. 4, 2000; amended April 22, 2005.)

102-3-16. Services rendered to individuals located in this state.

Except as authorized by K.S.A. 65-5807 and K.S.A. 65-5812, and amendments thereto, each person, regardless of the

person’s location, who engages in either of the following activities shall be deemed to be engaged in the practice of

professional counseling in this state and shall be required to have a license, issued by the board, to practice professional

counseling or clinical professional counseling as a licensed professional counselor or a licensed clinical professional counselor,

as appropriate:

(a) performs any act included in subsection (b) of K.S.A. 65-5802, and amendments thereto, on or for one or more

individuals located in this state; or

(b) represents oneself to be a licensed professional counselor or a licensed clinical professional counselor available to

perform any act included in subsection (b) of K.S.A. 65-5802, and amendments thereto, on or for one or more individuals

located in this state.

(Authorized by K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 65-5803, as amended by L. 1999, Ch. 117, §2;

effective May 11, 2001.)

102-3-17. Definition of “day.”

For purposes of determining whether or not a non-resident individual has engaged in the practice of professional counseling

activities or services within this state for more than the 30-day threshold in K.S.A. 65-5812 and amendments thereto, any

professional counseling activities or

services rendered within any 24-hour period shall count as one day of professional counseling activities and services.

(Authorized by K.S.A. 2001 Supp. 74-7507; implementing K.S.A. 2001 Supp. 65-5812; effective July 19,2002.)

Amended February 2009