BEHAVIORAL SCIENCES REGULATORY BOARD

Rules, Regulations, and
State Statutes Governing
Social Work

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

Chapter 65.—PUBLIC HEALTH
SOCIAL WORKERS

65-6304.   Repealed.
History: L. 1974, ch. 372, § 4; L. 1975, ch. 416, § 24; L. 1978, ch. 308, § 72; Repealed, L. 1980, ch. 242, § 29;
July 1.

65-6305.   Repealed.
History: L. 1974, ch. 372, § 5; Repealed, L. 1980, ch. 242, § 29; July 1

65-6306.   Qualifications for licensure; baccalaureate social worker; master social worker; social work specialties.
  (a) The board shall issue a license as a baccalaureate social worker to an applicant who:
  (1) Has a baccalaureate degree from an accredited college or university, including completion of a social work program recognized and approved by the board, pursuant to rules and regulations adopted by the board;
  (2) has passed an examination approved by the board for this purpose; and
  (3) has satisfied the board that the applicant is a person who merits the public trust.
  (b) The board shall issue a license as a master social worker to an applicant who:
  (1) Has a master’s degree from an accredited college or university, including completion of a social work program recognized and approved by the board, pursuant to rules and regulations adopted by the board;
  (2) has passed an examination approved by the board for this purpose; and
  (3) has satisfied the board that the applicant is a person who merits the public trust.
  (c) The board shall issue a license in one of the social work specialties to an applicant who:
  (1) Has a master’s or doctor’s degree from an accredited graduate school of social work, including completion of a social work program recognized and approved by the board, pursuant to rules and regulations adopted by the board;
  (2) has had two years of full-time post-master’s or post-doctor’s degree experience under the supervision of a licensed social worker in the area of the specialty in which such applicant seeks to be licensed;
  (3) has passed an examination approved by the board for this purpose; and
  (4) has satisfied the board that the applicant is a person who merits the public trust.
  (d) (1) The board shall issue a license as a specialist clinical social worker to an applicant who:
  (A) Has met the requirements of subsection (c);
  (B) has completed 15 credit hours as part of or in addition to the requirements under
subsection (c) supporting diagnosis or treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual, through identifiable study of the following content areas: Psychopathology, diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches and professional ethics;
  (C) has completed a graduate level supervised clinical practicum of supervised professional experience including psychotherapy and assessment, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual, with not less than 350 hours of direct client contact or additional post-graduate supervised experience as determined by the board;
  (D) has completed as part of or in addition to the requirements of subsection (c) not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 4,000 hours of supervised professional experience including at least 1,500 hours of direct client contact conducting psychotherapy and assessments with individuals, couples, families or groups and not less than 150 hours of clinical supervision, including not less than 75 hours of person-to-person individual supervision, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual:
  (E) for persons earning a degree under subsection (c) prior to July 1, 2003, in lieu of the education and training requirements under parts (B) and (C) of this subsection, has completed the education requirements for licensure as a specialist clinical social worker in effect on the day immediately preceding the effective date of this act;
  (F) for persons who apply for and are eligible for a temporary license to practice as a specialist clinical social worker on the day immediately preceding the effective date of this act, in lieu of the education and training requirements under parts (B), (C) and (D) of this subsection, has completed the education and training requirements for licensure as a specialist clinical social worker in effect on the day immediately preceding the effective date of this act;
  (G) has passed an examination approved by the board; and
  (H) has paid the application fee.
  (2) A licensed specialist clinical social worker may engage in the social work practice and is authorized to diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. When a client has symptoms of a mental disorder, a licensed specialist clinical social worker shall consult with the client’s primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client’s symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client’s record. A licensed specialist clinical social worker may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
  (3) Notwithstanding any other provision of this subsection, a licensed master social worker who has provided to the board an acceptable clinical supervision plan for licensure as a specialist clinical social worker prior to the effective date of this act shall be licensed as a specialist clinical social worker under this act upon completion of the requirements in effect for licensure as a specialist clinical social worker at the time the acceptable training plan is submitted to the board.
  (4) A person licensed as a specialist clinical social worker on the day immediately preceding the effective date of this act shall be deemed to be a licensed specialist clinical social worker under this act. Such person shall not be required to file an original application for licensure as a specialist clinical social worker under this act.
  (e)The board shall adopt rules and regulations establishing the criteria which a social work program of a college or university shall satisfy to be recognized and approved by the board under this section. The board may send a questionnaire developed by the board to any college or university conducting a social work program for which the board does not have sufficient information to determine whether the program should be recognized and approved by the board and whether the program meets the rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the program to be considered for recognition and approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about a social work program of a college or university. In entering such contracts the authority to recognize and approve a social work program of a college or university shall remain solely with the board.
History: L. 1974, ch. 372, § 6; L. 1980, ch. 242, § 17; L. 1981, ch. 352, § 1; L. 1988, ch. 243, § 17; L. 1989, ch.
276, § 3; L. 1994, ch. 164, § 2; L. 1999, ch. 117, § 12; July 1, 2000.

65-6307.   Use of title by licensee; designation thereof by board; penalty for violation.
  (a) Any person who possesses a valid, unsuspended and unrevoked license issued under the provisions of this act shall have the right to practice and use the title and the abbreviations prescribed by the board for use by persons holding the license held by such person. The board shall establish a title and prescribe abbreviations for use by persons holding each class or type of license issued under the provisions of this act. No other person shall assume such titles, use such abbreviations, or any work or letter, signs, figures or devices to indicate that the person using the same is licensed as such under the provisions of this act.
  (b) Any violation of this section shall constitute a class C misdemeanor.
History: L. 1974, ch. 372, § 7; L. 1980, ch. 242, § 18; July 1.

65-6308.   Limitations on private practice of social work; penalties.
  (a) No person may engage in the private, independent clinical practice of social work unless such person:
  (1) Is licensed under this act as a specialist clinical social worker or specialist social worker; and;
  (2) has had two years supervised experience approved by the board, pursuant to rules and regulations adopted by the board, as a licensed social worker in the specialty to be offered in private practice subsequent thereto.
  (b) Any violation of this section shall constitute a class B misdemeanor.
History: L. 1974, ch. 372, § 8; L. 1986, ch. 340, § 2; L. 1999, ch. 117, § 13; July 1, 2000.

65-6309.   Exemptions from licensure requirements; temporary licensure; written explanation of denial of licensure.
  (a) Except as provided in subsections (b) and (c), an applicant shall be exempted from the requirement for any examination provided for herein if:
  (1) The applicant proves to the board that the applicant is licensed or registered under the laws of a state or territory of the United States that imposes substantially the same requirements as this act as determined by the board; and
  (2) pursuant to the laws of any such state or territory, the applicant has taken and passed an examination similar to that for which exemption is sought, as determined by the board.
  (b) The board may issue a license to an individual who is currently licensed to practice social work at the clinical level in another jurisdiction if the board determines that:
  (1) The standards for licensure to practice social work at the clinical level in the other jurisdiction are substantially equivalent to the requirements of this state for licensure at the clinical level; or
  (2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board:
  (A) Continuous licensure to practice social work at the clinical level during the five years immediately preceding the application with at least the minimum professional experience as established by rules and regulations of the board;
  (B) the absence of disciplinary actions of a serious nature brought by a licensing board or agency; and
  (C) a masters or doctoral degree in social work from a regionally accredited university or college and from an accredited graduate social work program recognized and approved by the board pursuant to rules and regulations adopted by the board.
  (c) Applicants for licensure as a clinical specialist social worker shall additionally demonstrate competence to diagnose and treat mental disorders through meeting the following requirements:
  (1) Passing a national clinical examination approved by the board or,  in the absence of the national examination, continuous licensure to practice as a clinical social worker during the 10 years immediately preceding the application; and
  (2) three years of clinical practice with demonstrated experience in diagnosing or treating mental disorders.
  (d) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 65-6314 and amendments thereto.
  (e) Upon application, the board shall issue temporary licenses to persons who have submitted documentationand met all qualifications for licensure under provisions of this act, except passage of the required examination.
  (f)Such persons shall take the license examination within six monthssubsequent to the date of issuance of the temporary license unless there are extenuating circumstances approved by the board.
  (g) Absent extenuating circumstances approved by the board, a temporary license issued by the board shall expire upon the date the board issues or denies a license to practice social work or six months after the date of issuance of the temporary license. No temporary license will be renewed or issued again on any subsequent applications for the same license level. The preceding provisions in no way limit the number of times an applicant may take the examination.
  (h)No person may work under a temporary license except under the supervision of a licensed social worker.
  (i)Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary license shall be subject to the provisions of this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the licenseas provided under this section at the time of issuance of such temporary license.
  (j)Any individual employed by a hospital and working in the area of hospital social services to patients of such hospital on July 1, 1974, is exempt from the provisions of this act.
  (k)If an applicant is denied licensure, the board shall provide the applicant with a written explanation of the denial within 10 days after the decision of the board, excluding Saturdays, Sundays and legal holidays.
History: L. 1974, ch. 372, § 9; L. 1980, ch. 242, § 19; L. 1986, ch. 340, § 3; L. 1989, ch. 276, § 4; L. 1990, ch. 237,
§ 1; July 1, L. 2003, ch. 129, § 2; July 1; L. 2006, ch. 61, § 2; July 1.

65-6309a.   Out of state temporary permit.

  (a) Upon written application and board approval, an individual who is licensed to engage in the independent clinical practice of social work at the clinical level in another jurisdiction and who is in good standing in that other jurisdiction may engage in the independent practice of clinical social work as provided by K.S.A. 65-6308, and amendments thereto, in this state for no more than 15 days per year upon receipt of a temporary permit to practice issued by the board.
  (b) Any clinical social work services rendered within any 24-hour period shall count as one entire day of clinical social work services.
  (c) The temporary permit to practice shall be effective on the date of approval by the board and shall expire December 31 of that year. Upon written application and for good cause shown, the board may extend the temporary permit to practice no more than 15 additional days.
  (d) The board may charge a fee of a maximum of $200 for a temporary permit to practice and a fee of a maximum of $200 for an extension of a temporary permit to practice as established by rules and regulations of the board.
  (e) A person who holds a temporary permit to practice clinical social work in this state shall be deemed to have submitted to the jurisdiction of the board and shall be bound by the statutes and regulations that govern the practice of clinical social work in this state.
  (f) In accordance with the Kansas administrative procedures act, the board may issue a cease and desist order or assess a fine of up to $1,000 per day, or both, against a person licensed in another jurisdiction who engages in the independent practice of clinical social work in this state without complying with the provisions of this section.
  (g) This section shall be part of and supplemental to article 63 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.

65-6310.   Unlawful acts; penalties.
Conviction of any of the following shall constitute a class B misdemeanor:
  (a) Obtaining or attempting to obtain a license or certificate or renewal thereof by bribery or fraudulent representation;
  (b) Knowingly making a false statement in connection with any application under this act;
  (c) Knowingly making a false statement on any form promulgated by the board in accordance with the provisions of this act or the rules and regulations promulgated thereunder.
History: L. 1974, ch. 372, § 10; L. 1980, ch. 242, § 20; July 1.

65-6311.   Grounds for suspension, limitation, revocation or refusal to issue or renew license; procedure.
  (a) The board may suspend, limit, revoke, condition or refuse to issue or renew a license of any social worker upon proof that the social worker:
  (1) Has been convicted of a felony and, after investigation, the board finds that the licensee has not been sufficiently rehabilitated to merit the public trust;
  (2) has been found guilty of fraud or deceit in connection with services rendered as a social worker or in establishing needed qualifications under this act;
  (3) has knowingly aided or abetted a person, not a licensed social worker, in representing such person as a licensed social worker in this state;
  (4) has been found guilty of unprofessional conduct as defined by rules established by the board;
  (5) has been found to have engaged in diagnosis as authorized under K.S.A. 65-6319 and amendments thereto, even though not authorized to engage in such diagnosis under K.S.A. 65-6319 and amendments thereto;
  (6) has been found guilty of negligence or wrongful actions in the performance of duties; or
  (7) has had a license to practice social work revoked, suspended or limited, or has had other disciplinary action taken, or an application for a license denied, by the proper licensing authority of another state, territory, District of Columbia, or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof.
  (b) Proceedings to consider the suspension, revocation or refusal to renew a license shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1974, ch. 372, § 11; L. 1980, ch. 242, § 21; L. 1984, ch. 313, § 145; L. 1988, ch. 304, § 4; L. 1994, ch.
164, § 3; L. 2004 ch. 16 § 2; July 1, 2004.

65-6312.   Repealed.
History: L. 1974, ch. 372, § 12; L. 1980, ch. 242, § 22; Repealed, L. 1984, ch. 313, § 157; July 1, 1985

65-6313.   Licenses; effective date and expiration date; renewal; reinstatement; duplicate.

  (a) All licenses issued shall be effective upon the date issued and shall expire at the end of 24 months from the date of issuance.
  (b) Except as otherwise provided in K.S.A. 65-6311 and amendments thereto, a license may be renewed by the payment of the renewal fee set forth in K.S.A. 65-6314 and amendments thereto and the execution and submission of a signed statement, on a form to be provided by the board, attesting that the applicant's license has been neither revoked nor currently suspended and that applicant has met the requirements for continuing education established by the board including
not less than three continuing education hours of professional ethics. An applicant for renewal of a license as a master social worker or a specialist clinical social worker, as part of such continuing education, shall complete not less than six continuing education hours relating to diagnosis and treatment of mental disorders.
  (c) The application for renewal shall be made on or before the date of the expiration of the license or on or before the date of the termination of the period of suspension.
  (d) If the application for renewal, including payment of the required renewal fee, is not made on or before the date of the expiration of the license, the license is void, and no license shall be reinstated except upon payment of the required renewal fee established under K.S.A. 65-6314 and amendments thereto, plus a penalty equal to the renewal fee, and proof satisfactory to the board of the completion of 40 hours of continuing education within two years prior to application for reinstatement. Upon receipt of such payment and proof, the board shall reinstate the license. A license shall be reinstated under this subsection, upon receipt of such payment and proof, at any time after the expiration of such license.
  (e) In case of a lost or destroyed license, and upon satisfactory proof of the loss or destruction thereof, the board may issue a duplicate license and shall charge a fee as set forth in K.S.A. 65-6314 and amendments thereto for such duplicate license.
History: L. 1974, ch. 372, § 13; L. 1978, ch. 374, § 1; L. 1980, ch. 242, § 23; L. 1982, ch. 372, § 2; L. 1986, ch.
340, § 4; L. 1990, ch. 237, § 2; L. 1999, ch. 117, § 14; July 1, 2000.

65-6314.   Fees.
  (a) The following fees shall be established by the board by rules and regulations in accordance with the following limitations:
  (1) Renewal or reinstatement fee for a license as a social work associate shall be not more than $150.
  (2) Application, new license, reinstatement or renewal fee for a license as a baccalaureate social worker shall be not more than $150.
  (3) Application, new license, reinstatement or renewal fee for a license as master social worker shall be not more than $150.
  (4) Application, new license, reinstatement or renewal fee for a license in a social work specialty shall be not more than $150.
  (5) Examination fee for a license as a baccalaureate social worker, for a license as a master social worker or for a license in a social work specialty shall be not more than $200. If an applicant fails an examination, such applicant may be admitted to subsequent examinations upon payment of an additional fee prescribed by the board of not more than $200.
  (6) Replacement fee for re-issuance of a license certificate due to loss or name change shall be not more than $20.
  (7) Temporary license fee for a baccalaureate social worker, master social worker or a social work specialty shall be not more than $50.
  (8) Application fee for approval as board-approved continuing education sponsors shall be as follows:
  (A) Initial application fee for one year provisionally approved providers shall be not more than $125;
  (B) three-year renewal fees for approved providers shall be not more than $350; and
  (C) application fees for single program providers shall be not more than $50 for each separately offered continuing education activity for which prior approval is sought.
(b) Fees paid to the board are not refundable.
History: L. 1974, ch. 372, § 14; L. 1978, ch. 374, § 2; L. 1980, ch. 242, § 24; L. 1981, ch. 352, § 2; L. 1982, ch.
372, § 3; L. 1985, ch. 290, § 1; L. 1989, ch. 276, § 5; L. 1990, ch. 286, § 2; L. 1996, ch. 153, § 15; Jan. 1, 1997.

65-6315.   Disclosure of information; limitations.
  (a) No licensed social work associate or licensed baccalaureate social worker, secretary, stenographer or clerk of a licensed social work associate or licensed baccalaureate social worker or anyone who participates in delivery of social work services or anyone working under supervision of a licensed social worker may disclose any information such person may have acquired from persons consulting such person in the person's professional capacity or be compelled to disclose such information except:
  (1) With the written consent of the client, or in the case of death or disability, of the personal representative of the client, other person authorized to sue or the beneficiary of an insurance policy on the client's life, health or physical condition;
  (2)When the person is a child under the age of 18 years and the information acquired by the licensed social worker indicated that the child was the victim or subject of a crime, the licensed social worker may be required to testify fully in relation thereto upon any examination, trial or other proceeding in which the commission of such a crime is a subject of inquiry;
  (3) when the person waives the privilege by bringing charges against the licensed social worker but only to the extent that such information is relevant under the circumstances.
  (b) The confidential relations and communications between a licensed master social worker's or a licensed specialist clinical social worker's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.
  (c) Nothing in this section or in this act shall be construed to prohibit any licensed social worker from testifying in court hearings concerning matters of adult abuse, adoption, child abuse, child neglect, or other matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors, or both, on behalf of the client. There is no privilege under this section for information which is required to be reported to a public official.
History: L. 1974, ch. 372, § 15; L. 1986, ch. 340, § 5; L. 1999, ch. 117, § 15; July 1, 2000.

65-6316.   Invalidity of part.
If any section of this act, or any part thereof, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder or any other section or part thereof.
History: L. 1974, ch. 372, § 16; July 1.
 
65-6317.   Renewal of social work associate licenses; revocation or suspension.
No new social work associate license shall be issued by the board. A person holding a license as a social work associate under K.S.A. 65-6301 to 65-6316, inclusive, and amendments thereto, on the day immediately preceding the effective date of this act shall continue to be a licensed social work associate for all purposes under this act and K.S.A. 65-6301 to 65-6316, inclusive, and amendments thereto, and may renew such license as provided by this act and by K.S.A. 65-6301 to 65-6316, inclusive, and amendments thereto. The board may refuse to renew, or may suspend or revoke a social work associate license as provided under this act and K.S.A. 65-6301 to 65-6316, inclusive, and amendments thereto. All proceedings pursuant to this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1980, ch. 242, § 25; L. 1984, ch. 313, § 146; July 1, 1985.

65-6318.   Injunctions, when authorized.
Whenever in the judgment of the behavioral sciences regulatory board any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of K.S.A. 65-6301 to 65-6317, inclusive, and amendments thereto, or any valid rule and regulation of the board, the board may make application to any court of competent jurisdiction for an order enjoining such acts or practices, and upon a showing by the board that such person has engaged, or is about to engage in any such acts or practices, an injunction, restraining order or such other order as may be appropriate shall be granted by such court without bond.
History: L. 1986, ch. 340, § 6; July 1.

65-6319.   Diagnosis of mental disorders by certain licensed social workers authorized.
The following licensed social workers may diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations:
  (a) A licensed specialist clinical social worker, and a licensed master social worker who engages in the practice of social work only under the direction of a licensed specialist clinical social worker, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders. When a client has symptoms of a mental disorder, a licensed master social worker shall consult with the client's primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client's record.
  (b) A licensed master social worker may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
History: L. 1994, ch. 164, § 1; L. 1997, ch. 142, § 7; L. 1999, ch. 117, § 16; July 1, 2000

65-6320.   Disclosure.
A licensee, under the provisions of article 63 of chapter 65 of the Kansas Statutes Annotated, at the beginning of a client-therapist relationship, shall inform the client of the level of such licensee's training and the title or titles and license or licenses of such licensee. As a part of such obligation, such licensee shall disclose whether such licensee has a master's degree or a doctoral degree. If such licensee has a doctoral degree, such licensee shall disclose whether or not such doctoral degree is a doctor of medicine degree or some other doctoral degree. If such licensee does not have a medical doctor's degree, such licensee shall disclose that the licensee is not authorized to practice medicine and surgery and is not authorized to prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain mental disorders can have medical or biological origins, and that the client should consult with a physician. Documentation of such disclosures to a client shall be made in the client's record.
History: L. 1999, ch. 117, § 17; July 1, 2000 

Amended July 2007

Licensing of Social Workers
 

K.A.R. 102-2
 

Regulations

102-2-1.   Revoked.
(Authorized by and implementing K.S.A. 74-7507; effective May 1, 1982; revoked, T-85-36, Dec. 19, 1984; revoked May 1, 1985.)

102-2-1a.   Definitions.
  (a) “Approved-provider status” means that the provider has been approved by the board to provide any continuing education program. Approved-provider status may be granted for a one-year probationary period to new applicants. After completion of the probationary year, approved providers may reapply for approval every three years.
  (b) “Client” means an individual, a family, or a group that receives social work services.
  (c) “Client-therapist relationship” means a professional relationship in which an LMSW or LSCSW is engaged in the diagnosis and treatment of a mental disorder of the client.
  (d) “Clinical practicum” means a formal component of the academic curriculum in a graduate level social work educational program that engages the student in supervised clinical social work practice including direct client contact and that provides opportunities to apply classroom learning to actual practice situations in the field setting.
  (e) “Clinical social work practice” means the professional application of social work theory and methods to the treatment and prevention of psychosocial problems, disability, or impairment, including emotional and mental disorders. Clinical social work shall include the following:
  (1) Assessment;
  (2) diagnosis;
  (3) treatment, including psychotherapy and counseling;
  (4) client-centered advocacy;
  (5) consultation;
  (6) evaluation; and
  (7) interventions directed to interpersonal interactions, intrapsychic dynamics, and life support and management issues.
  (f) “Clinical supervision training plan” means a formal, written contract between a supervisor and a supervisee that establishes the supervisory framework for postgraduate clinical experience and the expectations and responsibilities of the supervisor and the supervisee.
  (g) “Consult,” as used in K.S.A. 65-6306 and K.S.A. 65-6319, and amendments thereto, means a 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, but not for the purpose of confirming the diagnosis. The timing of any consult by the licensee shall be managed in a way that enhances the progress of assessment, diagnosis, and treatment, and shall not be required to be completed in the initial session of service delivery.
  (h) “Continuing education” means a formally organized learning experience that has education as its explicit, principal intent and that is oriented toward the enhancement of social work practice, values, skills, knowledge, and ethics.
  (i) “Direct client contact” means a service to a client system that utilizes individual, family, or group interventions through face-to-face interaction or the use of electronic mediums of face-to-face interaction in which confidentiality is protected.
  (j) “Dual relationship” means a professional relationship with a client, student or supervisee in which the objectivity of the licensee is impaired or compromised because of any of the following present or previous relationships:
  (1) familial;
  (2) sexual;
  (3) social;
  (4) emotional;
  (5) financial;
  (6) supervisory; or
  (7) administrative.
  (k) “Extenuating circumstances” means conditions caused by unexpected events beyond the person’s control.
  (l) “LBSW” means a licensed baccalaureate social worker.
  (m) “LMSW” means a licensed master social worker.
  (n) “LSCSW” means a licensed specialist clinical social worker.
  (o) “Malfeasance” means the performance of an act that a licensee should not perform.
  (p) “Merits the public trust” means that an applicant or licensee possesses the high standard of good moral character and fitness required to practice social work as demonstrated by the following personal qualities:
  (1) Good judgement;
  (2) integrity;
  (3) honesty;
  (4) fairness;
  (5) credibility;
  (6) reliability;
  (7) respect for others;
  (8) respect for the laws of the state and the nation;
  (9) self-discipline;
  (10) self-evaluation;
  (11) initiative; and
  (12) commitment to the social work profession values and ethics.
  (q) “Misfeasance” means the improper performance of a lawful act by a licensee.
  (r) “Nonfeasance” means the omission of an act that a licensee should perform.
  (s) “Practice setting” means the public or private social work delivery system within which social work is practiced or social work services are delivered.
  (t) “Practicum” means a formal component of the academic curriculum in the social work educational program that engages the student in supervised social work practice and provides opportunities to apply classroom learning to actual practice situations in the field setting.
  (u) “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 social work courses audited or taken for credit.
  (v) “Private, independent practice of social work” means the unsupervised provision of social work services as a self-employed person, a member of a partnership, a member of a professional corporation, or a member of a group, and not as a salaried employee of a person or a public or private agency, organization, institution, or other entity.
  (w)  “Retroactively approved continuing education” means material submitted for continuing education credit by the licensee after attending the workshop, conference, seminar, or other offering and that is reviewed and subsequently approved by the board.
  (x)  “Single-program provider status” means that the provider has been granted approval to offer a specific continuing education program.
  (y) “Social work consultation” means a voluntary professional relationship in which the consultant offers advice and expertise that the consultee can either accept or reject and in which the objectives and requirements of social work supervision as defined in K.A.R. 102-2-1a(aa) and K.A.R. 102-2-8 are lacking. Social work consultation shall not be substituted for supervision.
  (z) “Social work practice specialty” means a postgraduate practice with emphasis upon a specific, identifiable field of practice.
  (aa) “Social work supervision” means a formal professional relationship between the supervisor and supervisee that promotes the development of responsibility, skill, knowledge, attitudes, and ethical standards in the practice of social work.
  (bb) “Termination of a client relationship” means the end of the professional relationship resulting from any of the following:
  (1) The mutual consent of the social worker and the client;
  (2) the completion of therapeutic or casework services;
  (3) dismissal of the social worker by the client;
  (4) dismissal of the client by the social worker; or
  (5) the transfer of the client to another professional for active therapy or casework services with the belief services will continue.
  (cc)(1) “Under the direction” means the formal relationship between the individual providing direction and the licensee in which both of the following conditions are met:
  (A) 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:
  (i) Professional monitoring and oversight of the social work services provided by the licensee;
  (ii) regular and periodic evaluation of treatment provided to clients by the licensee; and
  (iii) verification that direction was provided to the licensee.
  (B) The licensee receiving direction provides the following to the board, with each license renewal:
  (i) The name, identifying information, and type of licensee of the directing individual;
  (ii) a description of the work setting and the social work services provided under direction; and
  (iii) documentation that direction was provided including dates, location, and length of time as verified by the directing individual.
  (2) A licensed master social worker who is practicing clinical social work under supervision as specified in K.A.R. 102-2-8(d) shall be deemed to be practicing under direction.
  (dd) “Undue influence” means misusing one’s professional position of confidence, trust, or authority, or taking advantage of the vulnerability, weakness, infirmity, or distress of a client, supervisee, or student for either of the following purposes:
  (1) To improperly influence or change the actions or decisions of a client, supervisee, or student; or
  (2) to exploit a client, supervisee, or student for the financial gain, personal gratification, or advantage of the social worker or a third party.
(Authorized by and implementing K.S.A. 1999 Supp. 74-7507; effective, T-85-36, Dec. 19, 1984; effective May 1,
 1985; amended May 1, 1986; amended May 1, 1987; amended April 3, 1989; amended February 25, 1991; amended
 Aug. 4, 2000.)

102-2-2.   Revoked.
(Authorized by K.S.A. 74-7507; effective May 1, 1982; revoked, T-85-36, Dec. 19, 1984; revoked May 1, 1985.)

102-2-2a.   Application for licensure.
  (a) Each applicant for licensure as a social worker shall request license application forms from the director of the board and shall indicate the level of license desired.
  (b) Each applicant for a baccalaureate social work license or a master social work license shall submit the completed application materials to the board and complete the following application procedures:
  (1) Submit the full payment of the license application fee as provided in K.A.R. 102-2-3;
  (2) submit, on board-approved forms, two professional references. Each individual submitting a reference shall meet all of the following conditions:
  (A) Is not related to the applicant;
  (B) is licensed, or academically eligible for licensure, as a social worker at or above the applicant's intended level of licensure. Under extenuating circumstances, references from individuals other than social workers may be accepted by the board; and
  (C) can address the applicant's professional conduct, competence, and merit of the public trust;
  (3) submit, on a board-approved form, a third professional reference from an individual who meets all of the following conditions:
  (A) Is not related to the applicant; and
  (B) except as provided in paragraphs (b)(3)(B)(i) and (b)(3)(B)(ii), has served as the applicant's social work field education program supervisor.
  (i) If the field education program supervisor is unavailable, the director of the field education program or any person who has knowledge of the applicant's field education program experience based on the applicant's field education program records shall submit the reference.
  (ii) If the applicant's field education program supervisor is not licensed or academically eligible for licensure at or above the applicant's intended level of licensure, the applicant shall submit a reference from the faculty field liaison for the applicant's social work field education program in addition to the reference from the social work field education program supervisor;
  (4) arrange for the applicant's academic social work transcript or other official proof that the applicant has received the required degree and completed a qualified social work program to be provided directly to the board by the academic institution. 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
  (5) demonstrate satisfactory completion of educational requirements as specified in K.A.R. 102-2-6.
  (c) Each applicant for a specialist clinical social work license shall submit the completed application materials to the board and complete the following application procedures:
  (1) Submit the full payment of the license application fee as provided in K.A.R. 102-2-3;
  (2) submit, on board-approved forms, two professional references. Each individual submitting a reference shall meet all of the following conditions:
  (A) Is not related to the applicant;
  (B) is licensed, or academically eligible for licensure, as a licensed specialist clinical social worker. Under extenuating circumstances, references from individuals other than social workers may be accepted by the board; and
  (C) can address the applicant's professional conduct, competence, and merit of the public trust;
  (3) submit, on a board-approved form, a third professional reference from an individual who meets all of the following conditions:
  (A) Is not related to the applicant; and
  (B) served in one of the following roles:
  (i) served as the applicant's employment supervisor at the worksite for the applicant's supervised postgraduate work experience; or
  (ii) served as the applicant's employment supervisor during the applicant's most recent employment in a position requiring social work licensure;
  (4) submit the supervisory attestation form and other supportive documentation on board-approved forms as required by K.A.R. 102-2-12;
  (5) if not previously provided, arrange for the applicant's academic social work transcript or other official proof that the applicant has received the required degree and competed a qualified social work program to be provided directly to the board by the academic institution. 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
  (6) demonstrate satisfactory completion of graduate educational requirements as specified in K.A.R. 102-2-6 and K.A.R. 102-2-12.
  (d) The examination required for licensure as a social worker may be waived only as provided in K.A.R. 102- 2-9.
  (e) Any applicant who is determined by the board to meet the requirements of K.S.A. 65-6309, 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. 102-2-2. Except as provided in subsection (f), the temporary license shall remain in effect for six months.
  (f) 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 an additional 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 temporary license 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.
  (g)(1) If either of the following conditions applies to an applicant, the applicant's application shall expire one year from the date on which it was submitted to the board or on the date on which the applicant's temporary license expires, whichever date is later, except as provided by paragraph (g)(2):
  (A) The applicant has not met the qualifications.
  (B) The applicant has not submitted a complete application.
  (2) Any applicant whose application will expire under paragraph (g)(1) may request that the application be kept open for a period of time not to exceed an additional 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.
  (3) Upon expiration of an application, the applicant may submit a new application, fee, and all supporting documents.
  (h) 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.
   (i) 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. 65-6309, 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- 6309, and amendments thereto.
(Authorized by K.S.A. 2005 Supp. 74-7507 and K.S.A. 65-6314; implementing K.S.A. 65-6306, K.S.A. 2005 Supp. 65-6309, as amended by 2006 SB 470, §2, and K.S.A. 65-6314; effective, T-85-36, Dec. 19, 1984; effective May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended Feb. 25, 1991; amended Oct. 24, 1997; amended Aug. 4, 2000; amended, T-102-7-5-06, July 5, 2006; amended Oct. 27, 2006.)

102-2-2b.   Application for licensure based on reciprocity.
  (a) Each individual who wishes to be licensed as an LSCSW based on reciprocity, as provided by K.S.A. 65-6309 and amendments thereto, shall submit an application for licensure in accordance with the provisions of this regulation.
  (b) Each applicant for licensure as an LSCSW 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. 102-2-3.
  (2) The applicant shall forward to the licensing agency for the state in which the applicant is currently licensed as to practice social work at the clinical level 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 to practice social work at the clinical level issued by the licensing agency;
  (B) the date on which the applicant was initially licensed to practice social work at the clinical level by the licensing agency and a complete history of each subsequent renewal, reinstatement, and lapse in licensure. If an applicant is seeking licensure based on reciprocity under the provisions of paragraph (b)(2) of K.S.A. 65-6309 and amendments thereto, the applicant shall ensure that the documentation covering the five continuous years of licensure to practice social work at the clinical level that immediately precede the date of application is submitted to the board by the licensing agency for each state in which the applicant was licensed during that five-year period. If the applicant has not passed a national clinical examination approved by the board, the applicant shall ensure that documentation covering the 10 continuous years of licensure that immediately precede the date of application is submitted to the board by the licensing agency for each state in which the applicant was licensed during that 10-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 to practice social work at the clinical level in that state are substantially equivalent to the standards in Kansas or verification that the applicant has earned a master's or doctoral degree in social work from an accredited graduate social work program, 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 (b)(2) of K.S.A. 65-6309, and amendments thereto, rather than on the basis that the standards for licensure to practice social work at the clinical level are substantially equivalent to the standards for licensure as an LSCSW 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 social work at the clinical level an average of at least 15 hours per week for nine months during each of the five years immediately preceding the date of application for licensure based on reciprocity; and
  (B) if the licensing agency does not provide verification that the applicant holds a master's or doctoral degree in social work from an accredited graduate social work program, 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 or doctoral degree in social work.
  (c) In addition to complying with the requirements of subsection (b), each applicant for licensure as an LSCSW shall demonstrate competence to diagnose and treat mental disorders by submitting the following forms of documentation:
  (1) If the applicant has passed a national clinical examination approved by the board, 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; and
  (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.
(Authorized by K.S.A. 65-6309, as amended by 2003 HB 2234, Sec. 3, and K.S.A. 74-7507; implementing K.S.A. 65-6309, as amended by 2003 HB 2234, Sec. 3, K.S.A. 65-6311 and 65-6314; effective, T-102-7-1-03, July 1, 2003: effective Oct. 31, 2003.)

102-2-2c.   Applicants for LBSW or LMSW license; waiver of examination requirement on the basis of reciprocity.
  (a) Each applicant for licensure as an LBSW or LMSW who wishes to be exempted from the requirement for an examination based on reciprocity, as provided by K.S.A. 65-6309 and amendments thereto, shall submit an application for licensure in accordance with the provisions of this regulation.
  (b) Each applicant for licensure as an LBSW or LMSW shall request from the board the application forms for licensure without examination based on reciprocity. 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. 102-2-3.
  (2) The applicant shall forward a form provided by the board to the licensing agency for the state in which the applicant is currently licensed or registered to practice social work at the level of an LBSW or LMSW. The licensing agency shall provide the following documentation on the form:
  (A) Verification that the applicant currently holds a valid license or registration to practice social work at the level of an LBSW or an LMSW issued by the licensing agency;
  (B) the date on which the applicant was initially licensed or registered to practice social work at the level of an LBSW or LMSW by the licensing agency and a complete history of each subsequent renewal, reinstatement, and lapse in licensure or registration;
  (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) verification that the requirements for licensure or registration to practice social work at the level of an LBSW or LMSW in that state are substantially the same requirements as the requirements in Kansas.
The completed form shall be returned to the board by the licensing agency and shall not be forwarded to the applicant.
  (c) In addition to complying with the requirements of subsection (b), each applicant shall submit verification from either the licensing agency or the testing service that the applicant passed an examination similar to the examination required under K.A.R. 102-2-9, including the applicant's score on the exam and the passing score established for the exam.
(Authorized by K.S.A. 65-6309, as amended by 2003 HB 2234, Sec. 3, and K.S.A. 74-7507; implementing K.S.A. 65-6309, as amended by 2003 HB 2234, Sec. 3, K.S.A. 65-6311 and 65-6314; effective, T-102-7-1-03, July 1, 2003; effective Oct. 31, 2003.)

102-2-3.   Fees.
  (a) Each applicant for a new social work license shall pay the application fee as set forth below:
  (1) Licensed baccalaureate social worker (LBSW): $100.00;
  (2) licensed master social worker (LMSW): $100.00;
  (3) licensed specialist clinical social worker (LSCSW): $100.00; and
  (4) temporary license fee: $50.00.
  (b) Each applicant for license renewal shall pay the applicable fee as set forth below:
  (1) Licensed associate social worker (LASW): $100.00;
  (2) licensed baccalaureate social worker (LBSW): $100.00;
  (3) licensed master social worker (LMSW): $125.00: and
  (4) licensed specialist clinical social worker (LSCSW): $150.00.
  (c ) Each applicant for license reinstatement after the date of its expiration shall pay, in addition to the renewal fee the applicable penalty fee as set forth below:
  (1) Licensed associate social worker (LASW): $100.00;
  (2) licensed baccalaureate social worker (LBSW): $100.00;
  (3) licensed master social worker (LMSW): $125.00; and
  (4) licensed specialist clinical social worker (LSCSW): $150.00.
  (d) The fee for a replacement license shall be $20.00, and the fee for a replacement wallet card license shall be $2.00.
  (e) Each provider of continuing education programs shall pay the applicable fee as set forth below:
  (1) One-year provisional approved provider application fee: $100.00:
  (2) three-year approved provider renewal fee: $250.00; and
  (3) single-program provider fee: $50.00.
  (f) 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. 65-6314; implementing K.S.A. 65-6313 and 65-6314; effective May 1, 1982; amended, T-86-20, July 1, 1985; amended, May 1, 1986; amended, T-87-10, July 1, 1986; amended May 1, 1987; amended, T-102-10- 17-89, Oct. 17, 1989; amended, T-102-11-29-90, Nov. 29, 1990; amended Jan. 21, 1991; amended June 12, 1995; amended Aug. 4, 1995; amended Aug. 4, 2000; amended March 8, 2002; amended July 1, 2005.)

102-2-4.   Revoked.
(Authorized by and implementing K.S.A. 74-7507; effective May 1, 1982; revoked, T-85-36, Dec. 19, 1984; revoked May 1, 1985.)

102-2-4a.   Continuing education for licensees.
  (a) During each two-year renewal period, each licensee shall complete 40 units of documented and board-approved continuing education oriented to the enhancement of a social worker's practice, values, ethics, skills, or knowledge during each two-year renewal period. Continuing education units accumulated in excess of the 40-unit requirement shall not be carried over to the next renewal period.
  (b) As part of the 40 continuing education units required for each renewal cycle, each applicant for renewal or reinstatement of a license shall complete a program on professional ethics consisting of not less than a total of three units. Each ethics program shall meet the following requirements:
  (1) Fall within one of the types of continuing education experiences listed in subsection (e), except for those identified in paragraphs (e)(5), (6), (7), (8), (12), and (13);
  (2) focus on ethical issues of the behavioral sciences; and
  (3) be clearly related to the enhancement of social work practice, values, skills, and knowledge.
  (c) Beginning January 1, 2002, as part of the 40 continuing education units required for each renewal cycle, each applicant for renewal or reinstatement of a license as a master social worker or a specialist clinical social worker shall complete not less than a total of six units of continuing education related to the diagnosis and treatment of mental disorders. The continuing education units shall meet the following requirements:
  (1) Fall within one of the types of continuing education experiences listed in subsection (e), except for those identified in paragraphs (e)(5), (6), (7), (8), (12), and (13); and
  (2) relate to the diagnosis and treatment of mental disorders consistent with the principles and values of the social work profession.
  (d) One unit shall consist of a minimum of 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 (e).
  (e) Acceptable continuing education, as defined in K.A.R. 102-2-1a and whether taken within the state or outside the state, shall include the following types of experiences:
  (1) An academic social work course or an academic course oriented to the enhancement of social work 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 40;
  (2) an academic social work course, or an academic course oriented to the enhancement of a social worker's practice, values, ethics, skills, or knowledge, that is audited. Continuing education credit shall be computed on the basis of the actual contact time that the licensee spends attending the course, up to a maximum of 15 hours for each academic credit hour. The maximum number of allowable continuing education hours shall be 40;
  (3) a program, seminar, institute, workshop, or minicourse. The maximum number of allowable continuing education hours shall be 40;
  (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 40;
  (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 10;
  (6) a cross-disciplinary offering in medicine, law, the behavioral sciences, a foreign or sign language, a computer science, professional or technical writing, business administration, management sciences, or other disciplines if the offering is clearly related to the enhancement of social work practice, values, ethics, skills, or knowledge. The maximum number of allowable continuing education hours shall be 10;
  (7) a self-directed learning project approved by the board. The maximum number of allowable continuing education hours shall be 10;
  (8) supervision of undergraduate and graduate practicum students or specialty applicants. Continuing education credit for this supervision shall not exceed four continuing education hours per semester. The maximum number of allowable continuing education hours shall be 16;
  (9) a program presented by an approved program provider. The maximum number of allowable continuing education hours shall be 40;
  (10) a single program approved by the board. The maximum number of allowable continuing education hours shall be 40;
  (11) the first-time preparation and presentation of a social work course, seminar, institute, or workshop, or the substantial revision and presentation of a social work course, seminar, institute, or workshop. Ten hours may be given for each initial preparation and presentation and for each substantial revision. The maximum number of allowable continuing education hours shall be 20;
  (12) the preparation of a professional social work article published for the first time in a recognized professional journal, a book chapter published by a recognized publisher, or a written presentation given for the first time at a statewide or national professional meeting. If more than one licensee or other professional authored the material, the continuing education credit shall be prorated among the authors. The maximum number of allowable continuing education hours shall be 10;
  (13) participation in a professional organization or appointment to the board of directors of a professional organization, if the goals of the organization or board are clearly related to the enhancement of social work practice, skills, values, and knowledge. The maximum number of allowable continuing education hours shall be 12 and shall not exceed six continuing education hours per year.
  (f) Approval shall not be granted for any of the following:
  (1) Identical programs if the programs are completed within the same license renewal period;
  (2) first aid, CPR, infection control, or occupational health and safety courses;
  (3) in-service training if the training is for job orientation or on-the-job training, or is specific to the employing agency; or
  (4) any activity for which the licensee cannot demonstrate that the program's goals and objectives reasonably appear to enhance the licensee's social work practice, knowledge, values, skills, or ethics.
  (g) Each licensee shall maintain individual continuing education records. Continuing education records shall document the licensee's attendance as required by K.A.R. 102-2-5. In addition to the specific submission requirements set forth in K.A.R. 102-2-11, any licensee may be required to submit these records to the board before the license renewal.
(Authorized by K.S.A. 74-7507; implementing K.S.A. 65-6313 and 74-7507; effective, T-85-36, Dec. 19, 1984; effective May 1, 1985; amended May 1, 1986; amended Feb. 25, 1991; amended Oct. 24, 1997; amended Aug. 4, 2000; amended July 11, 2003.)

102-2-4b.   Continuing education approval for sponsors.
  (a) Each application to become an approved provider as defined in K.A.R. 102-2-1a (a), or a single-program provider as defined in K.A.R. 102-2-1a(x) shall be submitted on forms provided by the board and shall include the nonrefundable fee prescribed in K.A.R. 102-2-3.
  (b) Approved providers.
  (1) Each applicant for approved provider status shall submit the application form and application fee for approved-provider status at least three months prior to the first scheduled program.
  (2) Each applicant for approved-provider status shall submit an organizational plan that includes a written statement of purpose documenting that social work practice, values, skills, and knowledge are the bases for the provider’s educational goals and objectives and administrative procedures.
  (3) Each approved provider shall designate a person who meets the educational requirements for licensure to be responsible for the development of the program.
  (4) Each approved provider shall develop these systems:
  (A) a system for maintaining records for a period of at least three years; and
  (B) a system for selection and evaluation of instructors, participant performance requirements, and provision of accessible and adequate space.
  (5) Each approved provider shall maintain a summary of each individual program offered for a period of at least three years a summary of each individual program offered that documents the following information:
  (A) the relationship of the program to the enhancement of social work practice, values, skills, or knowledge;
  (B) the learning objectives for the program and the relationship between the program content and the objectives;
  (C) the licensing levels for which the program is designed and any program prerequisites;
  (D) the relationship of the format and presentation methods to the learning objectives and the content, and the size and composition of the participant group;
  (E) the qualifications of the instructor in the subject matter;
  (F) the means of program evaluation;
  (G) the program agenda. The agenda shall clearly indicate all coffee and lunch breaks; and
  (H) the dates the program was given.
  (6) Upon board approval of the application and payment of the initial application fee, a provider shall be provisionally approved for one year;
  (7) At least 60 days before the end of the year of provisional approved-provider status and at least 60 days before the end of each succeeding three-year period of approved-provider status, each approved provider seeking renewal shall submit an application to the board.  Each application for renewal of approved-provider status shall include the documentation required in paragraph (b)(5) for each program offered during that period of approved-provider status.  Upon determination by the board that the approved provider has provided sufficient documentation as specified in paragraph (b)(5) and upon payment of the approved-provider renewal fee established in K.A.R. 102-2-3, approved-provider status shall be granted for a new three-year period.
  (8) Any approved providers may be evaluated and monitored by the board by random contact of social work participants attending programs sponsored by the approved provider.
  (9)Approved-provider status may be withdrawn by the board if the provider violates this regulation or if quality programs are not maintained to the board’s satisfaction.
  (c) Single-program providers.
  (1) Each applicant for single-program provider status shall submit a separate single-program provider application form and fee for each continuing education activity or each continuing education activity date for which single-program provider status is requested.
  (2) The applicant shall submit each application for single-program provider status on a board-approved form that includes a description of the following items:
  (A) the relationship of the program to the enhancement of social work practice, values, skills, or knowledge;
  (B) the learning objectives for the program and the relationship between the program content and the objectives;
  (C) the licensing levels for which the program is designed and any program prerequisites;
  (D) the relationship of the format and presentation methods to the learning objectives and the content, and the size and composition of the participant group;
  (E) the qualifications of the instructor in the subject matter;
  (F) the means of program evaluation;
  (G) the program agenda. The agenda shall clearly indicate all coffee and lunch breaks; and
  (H) the date or dates the program is to be given.
  (3) Each applicant shall submit the required application fee with the completed single-program provider application. If the completed single-program provider application form is not received in the board office at least 30 days prior to the scheduled continuing education activity, the application may not be processed or approved by the board.
  (4) Single-program provider status may be withdrawn by the board if the provider violates this regulation or if the quality of the program is not satisfactory to the board.
  (d) Each single-program provider and approved provider shall maintain a record of each social worker’s attendance for a period of at least three years.
  (e) Each single-program provider and approved provider shall provide each social work participant with verification of the participant’s attendance. This verification shall be on forms approved by the board.
(Authorized by and implementing K.S.A. 2000 Supp. 74-7507, as amended by L. 1996, Ch. 153, Sec. 43 and K.S.A. 65-6314, as  amended by L. 1996, Ch. 153, Sec. 15; effective, T-85-36, Dec. 19, 1984; effective May 1, 1985; amended  May 1, 1986; amended May 1, 1988; amended Oct. 24, 1997, amended March 8, 2002)

102-2-5.   Documentation for continuing education.
A copy of any of the following signed forms of documentation shall be accepted as proof of completion of a continuing education program:
  (a) A course grade for an academic credit course;
  (b) a statement of hours attended for an audited academic course;
  (c) a statement of attendance from the provider of an institute, symposium, workshop, or seminar;
  (d) 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 allowed;
  (e) the academic course syllabus and verification that the course was presented;
  (f) a letter from the board giving approval for retroactively approved continuing education credit;
  (g) written verification from the university practicum instructor that the licensee provided supervision of undergraduate or graduate students;
  (h) supervisory documents, pursuant to K.A.R. 102-2-12, for supervision of specialty license applicants;
  (i) the self-directed learning project, submitted on board-approved forms. This material shall be submitted to the board for evaluation and certification of the number of units of credit to be allowed;
  (j) a description of the media format, content title, presenter or sponsor, content description, run time, and activity date when videotapes, audiotapes, computerized interactive learning modules, or telecasts were utilized for continuing education purposes; or
  (k) a letter of appointment to the board of the professional organization, or a letter from the chairperson of the board of the professional organization outlining the licensee’s participation in the organization.
(Authorized by and implementing K.S.A. 1999 Supp. 74-7507; effective May 1, 1982; amended, T-85-36, Dec. 19,
 1984; amended May 1, 1985; amended May 1, 1987; amended Oct. 24, 1997; amended Aug. 4, 2000.)

102-2-6.   Program approval.
  (a) Definitions. The following terms shall be defined as follows:
  (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) To be recognized and approved by the board, an undergraduate or graduate social work program shall be accredited by the council on social work education or shall be in substantial compliance with all of the following standards:
  (1) The program shall have a curriculum plan that has been or will be fully implemented during the current academic year.
  (2) The program shall have graduated a class of students or shall graduate a class of students during the current academic year.
  (3) The social work program shall meet the following conditions:
  (A) Have autonomy with respect to an identified budget and an established governance and administrative structure;
  (B) have responsibility for participation in personnel recruitment, retention, promotion, and tenure decisions;
  (C) have support staff assigned to the program; and
  (D) have other necessary resources and authority required for the achievement of specified program objectives.
  (4) The program shall have a field education program that is clearly incorporated as an integral component of the curriculum and the social work degree requirements. The field education program shall engage the student in supervised social work practice and experiential opportunities that apply classroom learning in the field setting.
  (5) The program shall have a clear plan for the organization, implementation, and evaluation of the class and field curricula.
  (6) The program shall have social work faculty advisors who are sufficiently knowledgeable about the social work program and who are available to advise social work students.
  (7) The program's written policies shall make explicit the criteria for evaluation of student academic and field performance.
  (8) The program's written policies shall include procedures for the termination of student participation in the professional social work degree program, and each student shall be informed of these termination procedures.
  (9) The social work program shall be contained within a college or university that is regionally accredited.
  (10) No less than 50% of the required program coursework shall be completed “in residence” at one institution, and the field education program shall be completed at the same institution.
  (c) In addition to the standards in subsection (b) of this regulation, each undergraduate social work program that is not accredited by the council on social work education shall meet all of the following standards:
  (1) The program shall specify in the university or college course catalog that its primary educational objective is preparation for beginning professional social work practice.
  (2) The program coursework shall be identified and described in the course catalog of the university or college.
  (3) The program shall have a designated director whose educational credentials include either a baccalaureate or a graduate degree in social work and who holds a full-time appointment in the educational institution.
  (4) Each program faculty member who teaches the content on social work practice and each program faculty member who coordinates the field education program shall fulfill these requirements:
  (A) Hold a graduate degree in social work; and
  (B) have had two or more years of professional social work practice experience.
  (5) The core faculty shall be responsible for essential program functions, including the following duties:
  (A) Regular design, modification, approval, implementation, and evaluation of the program curriculum and educational policies;
  (B) systematic and continual evaluation of program results in view of the specified objectives of the program;
  (C) teaching of social work practice courses and other social work courses;
  (D) coordination of field education program experiences and provision of instruction for the field education program; and
  (E) establishment and maintenance of program integrity and attainment of program visibility.
  (6) The program director shall have primary responsibility for the coordination and educational leadership of the program and shall be provided with the time and financial resources needed to fulfill those responsibilities.
  (7) The program shall have a minimum of two full- time, core faculty members whose primary assignment is to the program.
  (8) The field education program provided as part of the program shall consist of a minimum of 400 clock hours successfully completed in the field setting. Except as provided by paragraph (b)(3)(ii) of K.A.R. 102-2-2a, each student participating in the field education program shall be directly supervised by an individual either licensed or academically eligible for licensure in social work in the jurisdiction in which the supervised field education program is completed.
  (d) In addition to the standards of subsection (b) of this regulation, each graduate social work education program that is not accredited by the council on social work education shall meet all of the following standards:
  (1) The program shall be an integral part of an educational institution that is institutionally accredited to award the master's or doctoral degree in social work.
  (2) The program shall specify in the university or college course catalog that it prepares graduate students for advanced social work practice.
  (3) The educational level for which accreditation has been received shall be specified in any program documents referring to accreditation.
  (4) The program shall have a full-time dean or director as its chief executive officer.
  (5) The graduate program shall offer, as its basic program design, two full-time academic years of professional education that leads to a graduate degree in social work. A minimum of one academic year of the program shall be in full-time status, as defined by the educational institution.
  (6) Each program faculty member who teaches the content on social work practice and each program faculty member who coordinates the field education program shall fulfill these requirements:
  (A) Hold a master's degree in social work;
  (B) have had post-master's professional social work practice experience; and
  (C) be qualified for licensure to practice social work in the state of Kansas.
  (7) The program faculty shall have responsibility for curriculum design, modification, approval, and implementation and for systematic, continual evaluation of the program.
  (8) The faculty shall be responsible for educational policy in matters of admission, advising, retention, and graduation of students.
  (9) The faculty shall be responsible for continual and systematic guidance of students through the professional educational program.
  (e) Upon request of the board, each school shall present documentation to the board that it has satisfactorily met the standards of subsection (b) and the standards of either subsection (c) or (d), as applicable.
(Authorized by K.S.A. 2005 Supp. 74-7507; K.S.A. 65-6306; implementing K.S.A. 65-6306; effective May 1, 1982; amended May 1, 1987; amended Oct. 24, 1997; amended Oct. 27, 2006.)

102-2-7.   Unprofessional conduct.
Any of the following acts by a licensee or an applicant for a social work license shall constitute unprofessional conduct:
  (a) Obtaining or attempting to obtain licensure for oneself or another by means of fraud, bribery, deceit, misrepresentation, or concealment of a material fact;
  (b) failing to notify the board, within a reasonable period of time, that any of the following conditions applied to any person regulated by the board or applying for licensure or registration, including that licensee or that social work licensure applicant:
  (1) 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;
  (2) has been subject to any other disciplinary action by any credentialing board, professional association, or professional organization;
  (3) has been demoted, terminated, suspended, reassigned, asked to resign, or has resigned from employment for some form of misfeasance, malfeasance, or nonfeasance;
  (4) has been convicted of a felony; or
  (5) has practiced the licensee's or registrant's profession in violation of the laws or regulations regulating the profession;
  (c) knowingly allowing another individual to use one's license;
  (d) impersonating another individual holding a license or registration issued by this or any other board;
  (e) being convicted of a crime resulting from or relating to the licensee's professional practice of social work;
  (f) furthering the licensure or registration application of another person who is known to be unqualified with respect to character, education, or other relevant eligibility requirements;
  (g) knowingly aiding or abetting anyone who is not credentialed by the board to represent that person as credentialed by the board;
  (h) 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 client's best interests;
  (i) 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 investigation of any report of alleged violation lodged against the social worker, applicant, or other professional licensed or registered by the board. Each individual taking longer than 30 days to provide the requested response, information, or assistance shall have the burden of demonstrating that the person acted in a timely manner;
  (j) offering to perform or performing services clearly inconsistent with training, education, and experience;
  (k) treating any client, student, or supervisee in a cruel manner;
  (l) discriminating against any client, student, or supervisee on the basis of color, race, gender, religion, national origin, or disability;
  (m) failing to advise and explain to each client the respective rights, responsibilities, and duties involved in the social work relationship;
  (n) failing to provide each client with a description of what the client can expect in the way of services, consultation, reports, fees, billing, therapeutic regimen, or schedule or failing to reasonably comply with these descriptions;
  (o) failing to provide each client with a description of the possible effects of the proposed treatment when there are clear and established risks to the client;
  (p) failing to inform each client of any financial interests that might accrue to the licensee from referral to any other service or from the use of any tests, books, or apparatus;
  (q) failing to inform each client that the client is entitled to the same services from a public agency if the licensee is employed by that public agency and also offers services privately;
  (r) failing to inform each client, supervisee, or student of the limits of client confidentiality, the purposes for which information is obtained, and the uses to which the information may be put;
  (s) revealing information, a confidence, or secret of any client, or failing to protect the confidences, secrets, or information contained in a client's records, except under the following circumstances:
  (1) Disclosure is required or permitted by law;
  (2) failure to disclose the information presents a clear and present danger to the health or safety of an individual or the public; or
  (3) the licensee is a party to a civil, criminal, or disciplinary investigation or action arising from the practice of social work, in which case disclosure is limited to that action;
  (t) failing to obtain written, informed consent from each client, or the client's legal representative or representatives, before performing any of these actions:
  (1) Electronically recording sessions with that client;
  (2) permitting a third-party observation of their activities; or
  (3) releasing information except as required or permitted by law to a third party concerning a client;
  (u) failing to protect the confidences of, secrets of, or information concerning other persons when providing a client with access to that client's records;
  (v) failing to exercise due diligence in protecting information, confidences, or secrets of the client from disclosure by other persons in the licensee's work or practice setting;
  (w) engaging in professional activities, including billing practices and advertising, involving dishonesty, fraud, deceit, or misrepresentation;
  (x) using alcoholic beverages or using illegally any controlled substance while performing the duties or services of a licensee;
  (y) making sexual advances toward or engaging in physical intimacies or sexual activities with any client, supervisee, or student of that licensee;
  (z) making sexual advances toward, engaging in sexual intimacies or sexual activities with, or exercising undue influence over any person who, within the past 24 months, has been the licensee's client;
  (aa) exercising undue influence on any client, supervisee, or student, including promoting sales of services or goods, in a manner that will exploit the client, supervisee, or student for the financial gain, personal gratification, or advantage of the licensee or a third party;
  (bb) 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 from a third party for the referral of the client or patient or in connection with the performance of professional services;
  (cc) 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 social work;
  (dd) soliciting or assuming professional responsibility for clients of another agency or colleague without  informing and attempting to coordinate continuity of client services with that agency or colleague;
  (ee) making claims of professional superiority that cannot be substantiated by the social worker;
  (ff) guaranteeing that satisfaction or a cure will result from the performance of professional services;
  (gg) claiming or using any secret or special method of treatment or techniques that the licensee refuses to divulge to the board;
  (hh) continuing or ordering tests, procedures, treatment, or use of treatment facilities not warranted by the condition, best interests, or preferences of the client;
  (ii) if the social worker is the owner of the records, failing to maintain for each client a record that conforms to the following minimal standards:
  (1) Contains adequate identification of the client;
  (2) indicates the client's initial reason for seeking the licensee's services;
  (3) contains pertinent and significant information concerning the client's condition;
  (4) summarizes the intervention, treatment, tests, procedures, or services that were obtained, performed, ordered, or recommended and the findings and results of each;
  (5) documents the client's progress during the course of intervention or treatment provided by the licensee;
  (6) is legible;
  (7) contains only those terms and abbreviations that are comprehensible to similar professional practitioners; and
  (8) indicates the date and nature of any professional service that was provided;
  (jj) taking credit for work not performed personally, whether by giving inaccurate or misleading information or by failing to disclose accurate or material information;
  (kk) if engaged in research, failing to fulfill these requirements:
  (1) Consider carefully the possible consequences for human beings participating in the research;
  (2) protect each participant from unwarranted physical and mental harm;
  (3) ascertain that the consent of the participant is voluntary and informed; and
  (4) preserve the privacy and protect the anonymity of the subjects of the research within the terms of informed consent;
  (ll) reporting distorted, erroneous, incomplete, or misleading social work information;
  (mm) failing to notify the client promptly when termination or interruption of service of the client is anticipated;
  (nn) 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;
  (oo) abandoning employment under circumstances that seriously impair the delivery of professional care to clients, without providing reasonable notice to the employer;
  (pp) failing to terminate the social work relationship when it is apparent that the relationship no longer serves the client's needs;
  (qq) failing to retain client records for at least two years after the date of termination of the professional relationship, if the licensee is the owner or custodian of those records, unless otherwise provided by law;
  (rr) failing to exercise adequate supervision over anyone within whom the licensee has a supervisory relationship;
  (ss) failing to inform a client if social work services are provided or delivered under supervision or direction;
  (tt) engaging in a dual relationship with a client, supervisee, or student;
  (uu) failing to inform the proper authorities in accordance with K.S.A. 38-1522, 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 by sexual abuse;
  (vv) failing to inform the proper authorities in accordance with K.S.A. 39-1431, and amendments thereto, that the licensee has reason to believe that any of the following circumstances apply to a resident, as defined by K.S.A. 39-1401 and amendments thereto;
  (1) Has been or is being abused, neglected, or exploited;
  (2) is in a condition that is the result of such abuse, neglect, or exploitation; or
  (3) is in need of protective services;
  (ww) failing to inform the proper authorities in accordance with K.S.A. 39-1431, and amendments thereto, that an adult, as defined in K.S.A. 39-1430 and amendments thereto, is being or has been abused, neglected, or exploited or is in need of protective services;
  (xx) practicing social work in an incompetent manner;
  (yy) practicing social work after the expiration of the social worker's license;
  (zz) continuing after the expiration of a license to use any title or abbreviation prescribed by the board for use only by persons currently holding a type or class of license issued by the board;
  (aaa) violating any provision of K.S.A. 65-6301 et seq., and amendments thereto, or any regulation adopted thereunder;
  (bbb) except as permitted by K.S.A. 65-6319 and amendments thereto, providing or offering to provide direction or supervision over individuals performing diagnoses and treatment of mental disorders;
  (ccc) except as permitted by K.S.A. 65-6306 and 65-6319 and amendments thereto, engaging in the diagnosis and treatment of mental disorders; or
  (ddd) engaging in independent private practice if not authorized by law. 
(Authorized by and implementing K.S.A. 65-6311 and K.S.A. 74-7507; effective May 1,  1982; amended, T-85-36, Dec. 19, 1984; amended May 1, 1985; amended, T-86-39, Dec. 11, 1985; amended May  1, 1986; amended May 1, 1987; amended May 1, 1988; amended Feb. 25, 1991; amended Aug. 4, 2000; amended Jan. 9, 2004.)

102-2-8.   Supervision.
  (a) Supervision of nonlicensed social work service providers who participate in the delivery of social work services.
  (1) Social work consultation shall not meet the super vision requirements for any nonlicensed social work service provider.
  (2) Each licensee supervising one or more nonlicensed individuals who participate in the delivery of social work services shall specifically delineate the duties of each non licensed individual and provide a level of supervision that is consistent with the training and ability of the non licensed social work service provider.
  (3) Each licensee supervising one or more nonlicensed persons who participate in the delivery of social work services shall develop a written agreement. The agreement shall consist of specific goals and objectives, the means to attain the goals, and the manner in which the goals relate to the overall objective for supervision of the nonlicensed social work service provider. The licensee shall maintain the following documentation associated with the written agreement:
  (A) A copy of the written agreement signed by both the licensee and the nonlicensed person;
  (B) a summary of the types of clients and situations dealt with at each supervisory session;
  (C) a written explanation of the relationship of the goals and objectives of supervision to each supervisory session; and
  (D) the length of time spent in each supervisory session.
  (4) The supervisor shall provide no fewer than four hours of supervision per month for each supervisee.
  (5) The supervisor shall not have a dual relationship with the supervisee.
  (b) Supervision of nonlicensed student social work service providers.
  (1) Social work consultation shall not meet the super vision requirements for any nonlicensed student social work service provider.
  (2) Each licensee supervising one or more nonlicensed students in the delivery of social work services shall specifically delineate each student's duties and provide a level of supervision consistent with the training and ability of each student.
  (3) Each licensee supervising one or more nonlicensed students who participate in the delivery of social work services shall develop a written agreement for each student that is consistent with the requirements of the student's academic social work program.
  (4) The supervisor shall not have a dual relationship with the supervisee.
  (c) Supervision of holders of temporary social work licenses.
  (1) Social work consultation shall not meet the super vision requirements for any holder of a temporary social work license.
  (2) Each licensee supervising one or more individuals who hold a temporary social work licensure permit shall specifically delineate the duties of each temporary license holder and provide a level of supervision consistent with the training and ability of each individual.
  (3) Each licensee supervising a temporary social work license holder and that individual shall develop a written agreement. This agreement shall consist of specific goals and objectives, the means to attain the goals, and the manner in which the goals relate to the overall objective for supervision of that person. The licensee shall maintain the following documentation associated with the written agreement:
  (A) A copy of the written agreement signed by both the licensee and the temporary social work license holder;
  (B) a summary of the types of clients and situations dealt with at each supervisory session;
  (C) a written explanation of the relationship of the goals and objectives of supervision to each supervisory session; and
  (D) the length of time spent in each supervisory session.
  (4) A minimum of one hour of supervision shall be provided for each 40 hours of service delivery.
  (5) The supervisor shall not have a dual relationship with the supervisee.
  (d) Supervision of persons engaged in private practice or persons seeking licensure as a specialist clinical social worker.
  (1) A licensed specialist clinical social worker shall supervise the practice or delivery of social work services by the following persons:
  (A) Any licensee who is attaining the two years of supervised experience required for licensure as a specialist clinical social worker; and
  (B) any licensee who is not a licensed specialist clinical social worker and who is engaged in private practice.
  (2) Any person attaining the supervised experience required for licensure as a specialist clinical social worker may be supervised by a social worker who is licensed as a clinical social worker authorized to engage in the private, independent practice of social work in another state and who is otherwise qualified.
  (3) Supervisor qualifications. To qualify as a supervisor, a licensed specialist clinical social worker shall fulfill these requirements:
  (A) Have, in full or in part, professional responsibility for the supervisee's practice of social work or delivery of social work services;
  (B) not have a dual relationship with the supervisee;
  (C) not be under sanction from a disciplinary proceeding, unless this prohibition is waived by the board for good cause shown by the proposed supervisor;
  (D) have knowledge of and experience with the supervisee's client population;
  (E) have knowledge of and experience with the methods of practice that the supervisee employs;
  (F) have an understanding of the organization and administrative policies and procedures of the supervisee's practice setting; and
  (G) be a member of the staff for that practice setting or meet the requirements of paragraph (d)(4).
  (4) If a qualified supervisor is not available from among staff in the supervisee's practice setting, the supervisee may secure an otherwise qualified supervisor outside of the practice setting if all of the following conditions are met:
  (A) The supervisor has a complete understanding of the practice setting's mission, policy, and procedures.
  (B) The extent of the supervisor's responsibility for the supervisee is clearly defined with respect to client cases to be supervised, the supervisor's role in personnel evaluation within the practice setting, and other aspects of the clinical supervision training plan.
  (C) The responsibility for payment for supervision is clearly defined.
  (D) If the supervisee pays the supervisor directly for the supervision, the supervisor maintains responsibility to the client and to the practice setting.
  (E) The parameters of client confidentiality are clearly defined and agreed to by the client.
  (5) Supervisor requirements. Each social work practice supervisor shall perform these duties:
  (A) Meet in person with the supervisee and provide a minimum of one hour of supervision for every 20 hours of direct, face-to-face client contact;
  (B) meet with not more than four supervisees at a time in the supervisory meetings;
  (C) provide oversight, guidance, and direction of the supervisee's practice of social work or delivery of social work services by assessing and evaluating the supervisee's performance;
  (D) conduct supervision as a process distinct from personal therapy, didactic instruction, or social work consultation;
  (E) ensure that the scope of the supervisor's own responsibility and authority in the practice setting has been clearly and expressly defined;
  (F) provide documentation of supervisory qualifications to the supervisee;
  (G) periodically evaluate the supervisee's role, use of a theoretical base, and use of social work principles;
  (H) provide supervision in accordance with the written clinical supervision training plan;
  (I) maintain documentation of supervision;
  (J) provide the documentation required by the board upon a supervisee's application for licensure in sufficient detail to enable the board to evaluate the extent and quality of the supervisee's supervised experience;
  (K) provide a level of supervision that is consistent with the education, training, experience, and ability of the supervisee; and
  (L) ensure that each client knows that the supervisee is practicing social work or participating in the delivery of social work services under supervision.
  (6) Clinical supervision training plan. Each supervisor and supervisee shall develop and co-sign a written clinical supervision training plan at the beginning of the supervisory relationship. The supervisee shall submit the training plan to the board and shall receive board approval of the plan before any supervised professional experience hours for clinical licensure can begin to accrue. This plan shall clearly define and delineate the following items:
  (A) The supervisory context, which shall include the purpose of supervision;
  (B) a summary of the types of clients with whom and the situations in which the supervisee will   typically work;
  (C) a plan that describes the supervision goals and objectives, the means to attain and evaluate progress to wards the goals, and the manner in which the goals relate to the overall objective of supervision;
  (D) the format and schedule for supervision;
  (E) the supervisor's responsibilities;
  (F) the supervisee's responsibilities;
  (G) the plans for documenting the date, length, and content of each supervisory meeting and the supervisee's progress toward the learning goals;
  (H) the plan for notifying clients of the following in formation:
  (i) The fact that the supervisee is practicing social work or participating in the delivery of social  work services under supervision;
  (ii) the limits of client confidentiality within the supervisory process; and
  (iii) the name, address, and telephone number of the supervisor or other person with administrative authority over the supervisee;
  (I) a plan to address and remedy circumstances in which there is a conflict between the  supervisor and the supervisee;
  (J) the date on which the supervisor and supervisee entered into the clinical supervision training plan, the time frame that the plan is intended to encompass, and the process for termination of the supervisory relation ship by either party;
  (K) the steps for amending or renegotiating the clinical supervision training plan, if warranted, including written notification of these changes to the board office as pro vided in paragraph (d)(7); and
  (L) a statement identifying the person who is responsible for payment, the terms of payment,  and the mutual obligations and rights of each party with respect to compensation, if there is any compensation for supervisory services.
  (7) Revision of the clinical supervision training plan. 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. 2004 Supp. 74-7507; implementing K.S.A. 65-6303, 65-6306, 65-6308, K.S.A. 2004 Supp. 65-6309, and 74-7507; effective, T-85-36, Dec. 19, 1984; effective May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended Feb. 25, 1991; amended Oct. 24, 1997; amended Aug. 4, 2000; amended Aug. 13, 2004; amended April 22, 2005.)

102-2-9.   Examinations.
  (a) Each applicant for licensure by the board shall take an examination approved by the board. The pass criterion score shall be as follows:
  (1) At the criterion reference cutoff score for those applicants who take the board-approved, national standardized examination; or
  (2) at one standard deviation below the national mean for those applicants who took the examination offered by the educational testing service or the professional examination testing service.
  (b) An applicant shall not be authorized to register for an examination until the applicant is within four months of anticipated completion of the applicable academic degree requirements.
  (c) Waiver of examination. The written examination requirement may be waived for any applicant, other than an applicant for reinstatement of a revoked or suspended license, if the applicant passed a board-approved, national standardized examination at a level equal to or greater than the pass criterion score.
  (d) Each applicant for licensure who fails the examination, or who fails to sit for an exam for which the applicant has registered, shall submit the fee required by K.A.R. 102-2-3 for each subsequent examination for which the applicant has registered.
(Authorized by K.S.A. 74-7507; implementing K.S.A. 65-6306 and 74-7507; effective, T-85-36, Dec. 19, 1984; effective May 1, 1985; amended, T-86-39, Dec. 11, 1985; amended May 1, 1986; amended Oct. 24, 1997; amended July 11, 2003.)

102-2-10.   Licenses.
  (a) If a license is revoked, suspended, or voluntarily surrendered, the individual shall return the license certificate and the wallet-sized card to the board’s executive director within 10 days of the revocation, suspension, or voluntary surrender.
  (b) If a license expires, 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. 74-7507, as amended by L. 1996, Ch. 153, Sec. 43; implementing K.S.A. 1995
 Supp. 65-6311 and K.S.A. 65-6313; effective, T- 85-36, Dec. 19, 1984; effective May 1, 1985; amended May 1,
 1987; amended Oct. 24, 1997.)

102-2-11.   Renewal and reinstatement.
  (a) To be considered for license renewal, each licensee shall submit the completed renewal application forms, the supporting continuing education documents, and the renewal fee as prescribed in K.A.R. 102-2-3 to the board.
  (b) At the time of renewal, each licensee shall submit a continuing education reporting form listing the required number of units of continuing education completed as required in K.A.R. 102-2-4a and K.A.R. 102-2-5.
  (c) At the time of renewal, each applicant for renewal or reinstatement of a license shall submit, in a format approved by the board, evidence of having completed the required ethics training program.
  (d) As part of the required continuing education, each applicant for renewal or reinstatement of a licensee as a licensed master social worker or a licensed specialist clinical social worker, shall submit, in a format approved by the board, evidence of having completed the required continuing education units related to the diagnosis and treatment of mental disorders.
  (e) If the licensee does not submit a completed application for renewal in a timely manner, including all supporting documents and the required fee, the license may be reinstated after the board receives the following:
  (1) A completed reinstatement application;
  (2) the required renewal fee, plus a penalty equal to the renewal fee; and
  (3) proof satisfactory to the board of compliance with the continuing education requirements.
  (f) Each licensee who fails to renew the license in a timely manner and who thereafter applies for license reinstatement shall indicate whether or not the individual has practiced in Kansas as a social worker or has held forth as performing the services of a social worker after expiration of the license and, if so, under what circumstances.
(Authorized by K.S.A. 74-7507; implementing K.S.A. 65-6311, K.S.A. 65-6313, K.S.A.  65-6314, and K.S.A. 65-6317; effective, T-85-36, Dec. 19, 1984; effective May 1, 1985; amended, T-86-39, Dec. 11, 1985; amended May 1, 1986; amended May 1, 1987; amended Oct. 24, 1997; amended Aug. 4, 2000; amended July 11, 2003.)

102-2-12.  Licensed specialist clinical social work licensure requirements.
  (a) Educational requirements. In order for an applicant who earns a degree before July 1, 2003 to qualify for licensure as a licensed specialist clinical social worker, the applicant shall meet, as a part of or in addition to the educational requirements provided in K.S.A. 65-6306, and amendments thereto, the following educational requirements:
  (1) Satisfactory completion of at least three graduate academic hours in a discrete academic course whose primary and explicit focus is upon psychopathology and the diagnosis and treatment of mental disorders classified in the diagnostic manuals commonly used as a part of accepted social work practice;
  (2) satisfactory completion of a graduate-level, clinically oriented social work practicum that fulfills these requirements:
  (A) Is taken after completion of the graduate-level, clinically focused academic courses that are prerequisite to entering the clinical practicum;
  (B) is an integrated, conceptually organized academic experience and is not an after-the-fact tabulation of clinical experience;
  (C) occurs in a practice setting that, by its nature and function, clearly supports clinical social work practice and consistently provides opportunities for the supervised application of clinical social work practice kn