Article 102-6 Registered Alcohol And Other Drug Abuse Counselor
102-6-1. Definitions.
102-6-2. Fees.
102-6-3. Educational requirements. *RESERVED*
102-6-4. Application materials and process.
102-6-5. Examinations.
102-6-6. *RESERVED*
102-6-7. Professional supervised experience. *RESERVED*
102-6-8. Registrations.
102-6-9. Renewal.
102-6-10. Continuing education for registrants.
102-6-11. Documentation for continuing education.
102-6-12. Unprofessional conduct.
102-6-13. Services rendered to individuals located in this state.
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.)
102-6-7. 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