K.A.R. Agency 102 | Kan. Admin. Regs. Agency 102 — Behavioral Sciences Regulatory Board

Article 1 Certification of Psychologists

Kan. Admin. Regs. § 102-1-1 Definitions

Each of the following terms, as used in this article of the board's regulations, shall have the meaning specified in this regulation:

(a) "Academically eligible" means having a doctoral degree in psychology from an institution of higher education that meets the standards in K.A.R. 102-1-12.

(b) "Client" and "patient" mean a person who meets either of the following criteria:

(1) Is a recipient of direct psychological services within a relationship that is initiated either by mutual consent of the person and a psychologist or according to law; or

(2) is a recipient of a psychological assessment or diagnosis for a third party.

(c) "Clinical psychological services" means the application by persons trained in psychology of established principles of learning, motivation, perception, thinking, and emotional relationships to problems of behavior adjustment, group relations, and behavior modification when those principles are applied through either or both of the following activities:

(1) Providing psychological assessment and therapeutic treatment to individuals or groups with the intent of modifying attitudes, emotions, and behaviors that are intellectually, physically, socially, or emotionally maladaptive; or

(2) performing any other clinical applications of psychological principles as approved by the board.

(d) "Consultation" means the provision of professional guidance, information, or advice without administrative or professional authority over or responsibility for the professional functioning of the recipient.

(e) "Continuing education" means programs or activities designed to enhance the psychologist's level of knowledge, skill, and ability to practice psychology. These programs and activities shall have content clearly related to the enhancement of psychology practice, values, and knowledge. Continuing education credits shall not be used as a substitute for basic professional education preparation as defined in K.A.R. 102-1-12.

(f) "Direct client contact" means the provision of psychology services to a client or clients in an individual, family, or group format with interaction being conducted in person or remotely with real-time, two-way interactive audio, visual, or audiovisual communications, including the application of videoconferencing, in which confidentiality is protected. Interaction that includes electronic mail, instant messaging, texting, or facsimile shall not be considered direct client contact.

(g) "Extenuating circumstances" means any condition or situation 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; or

(2) the inadvisability of requiring the person to comply with the requirements of this regulation.

(h) "Harmful dual relationship" means a professional relationship between a psychologist and a client, patient, student, or supervisee in which the objectivity or competency of the psychologist 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.

(i) "Intern" and "resident" mean a person who is actively enrolled in a program as defined by K.A.R. 102-1-12 and who is attaining the predoctoral supervised experience necessary for licensure as a psychologist.

(j) "Nonclinical, general psychological services" means the application by persons trained in psychology of established principles of learning, motivation, perception, thinking, and emotional relationships to problems of behavior adjustment, group relations, and behavior modification when those principles are applied through the following activities:

(1) Conducting applied research on problems relating to human behavior or program evaluation;

(2) providing consultation or psychological supervision;

(3) providing instruction in areas of psychology pertinent to the clinical practice of psychology;

(4) measuring and testing personality, intelligence, aptitudes, public opinion, attitudes, and skills; and

(5) other applications of nonclinical, general psychological principles as approved by the board.

(k) "Psychological assessment" means the use, in any manner, of established psychological tests, procedures, and techniques with the intent of diagnosing adjustment, functional, mental, vocational, or emotional problems or recommending treatment methods for persons having these problems.

(l) "Quarter credit hour" means two-thirds of a semester hour. Quarter credit hours shall be rounded as follows:

(1) One quarter credit hour equals .7 semester hours.

(2) Two quarter credit hours equal 1.3 semester hours.

(3) Three quarter credit hours equal 2.0 semester hours.

(4) Four quarter credit hours equal 2.7 semester hours.

(5) Five quarter credit hours equal 3.3 semester hours.

(m) "Supervision" means the formal relationship between the supervisor and supervisee that promotes the development of responsibility, skill, knowledge, appropriate attitudes, and ethical standards in the practice of psychology. Supervision shall include both general training supervision and individual clinical supervision, as follows:

(1) "General training supervision" means supervision of any of the following areas of practice:

(A) Consultation;

(B) psychological supervision of other mental health service providers;

(D) instruction in areas of psychology pertinent to the clinical practice of psychology; or

(E) other applications of psychological principles as approved by the board.

(2) "Individual clinical supervision" means supervision of the following areas of practice:

(A) Psychological assessment; and

(B) therapeutic treatment for individuals or groups with the intent of modifying attitudes, emotions, and behaviors that are intellectually, physically, socially, or emotionally maladaptive.

(n) "Termination," for purposes of unprofessional conduct, means the end of the professional psychologist-client relationship or treatment for any of the following reasons:

(1) The mutual consent of the psychologist and the client or clients;

(2) the completion of treatment;

(3) dismissal of the psychologist or discontinuation of the relationship by the client or clients;

(4) dismissal of the client or clients by the psychologist; or

(5) the referral or transfer of the client to another professional with the belief that treatment will continue.

(o) "Trimester credit hour" means a unit of academic credit received under an academic year consisting of three terms. A trimester credit hour is equivalent to a semester credit hour.

(p) "Undue influence" means the misuse of one's professional position of confidence, trust, or authority over a client or supervisee or the taking advantage of a client's vulnerability, weakness, infirmity, or distress, for either of the following purposes:

(1) To improperly influence or change a client's or supervisee's actions or decisions; or

(2) to exploit a client or supervisee for the financial gain, personal gratification, or advantage of the psychologist or a third party.

(q) "Unlicensed assistant" means a person who is employed by a person, association, partnership, or corporation furnishing psychological services to assist a licensed psychologist in providing psychological services and who is under the licensed psychologist's direct supervision.

(r) "Year of supervised experience" means at least 1,800 clock-hours of supervised experience that meets the requirements of K.A.R. 102-1-5.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-5314 and 74-7507; implementing K.S.A. 74-5302, K.S.A. 2021 Supp. 74-5310, K.S.A. 74-5314, K.S.A. 2021 Supp. 74-5316, K.S.A. 2021 Supp. 74-5344, and K.S.A. 74-7507; effective May 1, 1982; amended May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended Aug. 4, 1995; amended Dec. 18, 1998; amended Jan. 4, 2002; amended Dec. 16, 2022.)

Kan. Admin. Regs. § 102-1-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-7507; effective May 1, 1982; revoked May 1, 1984.)

Kan. Admin. Regs. § 102-1-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507, as amended by L. 1986, Ch. 299, Sec. 42; implementing K.S.A. 74-5314, and K.S.A. 74-5317, as amended by L. 1986, Ch. 299, Sec. 19; effective May 1, 1982; amended May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; revoked Oct. 27, 2000.)

Kan. Admin. Regs. § 102-1-3a Application for licensure by examination; application for temporary license

(a)(1) Any person who has completed the required education and postgraduate supervised experience may apply for a license to practice psychology and for approval to take the psychology licensure examination. This person may also apply for a temporary license to practice psychology under supervision as specified in K.A.R. 102-1-5a, pending satisfactory passage of the psychology licensure examination, as specified in K.A.R. 102-1-4.

(2) Any person who has completed only the educational requirements may apply for a temporary license to practice psychology while attaining the required postdoctoral supervised experience.

(b) Each applicant shall request the license application forms from the executive director of the board and at the time of application shall meet the following requirements:

(1) Submit the following:

(A) The completed application form;

(B) the full payment of the license application fee specified in K.A.R. 102-1-13; and

(2) arrange for the applicant's transcripts covering all applicable graduate college or university coursework to be sent directly from each academic institution to the board office. Each applicant who graduated from a college or university outside the United States shall additionally arrange for all official transcripts, supporting documentation, and, if applicable, the doctoral dissertation, to be translated and evaluated for degree equivalency by a source and in a manner that are acceptable to the board.

(c) Predoctoral supervised experience. If the applicant seeks credit for one year of predoctoral supervised experience, the applicant shall submit a completed, board-approved reference form from an officially designated director or chair of the predoctoral supervised experience program who has access to the applicant's supervisory records and can verify the applicant's supervised experience, supervision hours, and satisfactory completion of the predoctoral supervised experience program. Supervised experience for which an applicant received an unsatisfactory rating from the applicant's supervisor and that has not been adequately remediated to provide the applicant with a final satisfactory rating at the time of completion of the supervised experience may, at the board's discretion, be credited toward the supervised experience requirement.

(d) Postdoctoral supervised experience. Each applicant who has completed the postdoctoral supervised experience requirement shall submit the name of each person who provided postdoctoral supervision and who can address the applicant's professional conduct, competence, postdoctoral supervised experience, and moral character. Additionally, the applicant shall submit a completed, board-approved reference from each person who provided postgraduate supervision to enable the board to verify and evaluate the extent and quality of the applicant's supervised postgraduate work experience. Supervised experience for which an applicant received an unsatisfactory rating from the applicant's supervisor and that has not been adequately remediated to provide the applicant with a final satisfactory rating at the time of completion of the supervised experience shall not be credited toward the supervised experience requirement.

(e) Temporary license procedure. An applicant who has neither completed the postdoctoral supervised experience requirement nor passed the required psychology licensure examination shall submit the following in addition to complying with subsection (b):

(1) A completed temporary license request form;

(2) verification of the setting in which the applicant intends to work towards completion of the postdoctoral supervised experience;

(3) the name and qualifications of the supervisor or supervisors providing supervision while under temporary license;

(4) upon receipt of notification of board approval for a temporary license, the temporary license fee specified in K.A.R. 102-1-13; and

(5) upon completion of the postgraduate supervised experience, the name of each licensed psychologist who provided postgraduate supervision and the applicable supervisory references specified in subsection (c).

(f) If the applicant qualifies for and obtains a temporary license, the applicant's application shall remain active until the temporary license or the renewed temporary license expires. If the applicant does not qualify for a renewal of the temporary license or if a qualifying applicant fails to apply for and obtain a renewal of the temporary license, the application shall expire when the original temporary license expires. Upon expiration, the applicant may submit a new application, the required fee, and all supporting documents.

(g) A temporary license granted to an applicant for purposes of completing the supervised postgraduate work experience requirements may be renewed for one additional two-year period under an existing application. In order to qualify for a renewal of the temporary license, the applicant shall perform the following:

(1) Submit a written request for renewal of the temporary license;

(2) submit payment of the temporary license fee as specified in K.A.R. 102-1-13; and

(3) provide documentation on board-approved forms that demonstrates satisfactory progress toward the completion of the supervised postgraduate work experience requirements specified in K.A.R. 102-1-5a.

(h) In order to demonstrate satisfactory progress toward the completion of the supervised postgraduate work experience requirements set forth in K.S.A. 74-5316, and amendments thereto, and thus to qualify for renewal of the temporary license, each applicant shall have satisfactorily completed the following requirements within the preceding two years, as applicable:

(1) An applicant seeking to attain one year of postgraduate supervised experience (1,800 hours) shall have completed no fewer than 900 clock-hours of qualifying postgraduate supervised experience.

(2) An applicant seeking to attain two years of postgraduate supervised experience (3,600 hours) shall have completed no fewer than 1,800 clock-hours of qualifying postgraduate supervised experience.

(3) An applicant who has not completed postdoctoral supervised experience hours at the rate shown in paragraph (h)(1) or (2) due to exigent circumstances may submit to the board a written request for an extension. An exigent circumstance shall mean any condition caused by events beyond the person's control that are sufficiently extreme in nature to result in either of the following:

(A) The applicant's inability to complete the postgraduate supervised experience at the rate normally required; or

(B) the inadvisability of the applicant's completion of the postgraduate supervised experience at the rate normally required.

(i) Each applicant for a license to practice psychology shall be required to satisfactorily pass a nationally administered, standardized written examination approved by the board, as specified in K.A.R. 102-1-4.

(j) An applicant shall not be given a judgment on the applicant's eligibility for a temporary license or license until all application materials are received and all application procedures are completed.

(k) Upon receipt of notification from the board that all licensure eligibility requirements have been satisfied, the applicant shall submit the fee specified in K.A.R. 102-1-13 for the original period of licensure.

(l) If the applicant fails to obtain licensure or a temporary license, the applicant's application may remain active for up to one year. If the applicant has not met the qualifications or has not completed the application process by the end of one year, the application shall expire. Upon expiration, the applicant may submit a new application, the required fee, and all supporting documents.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-5314, K.S.A. 74-5316, and K.S.A. 74-7507; implementing K.S.A. 74-5310, K.S.A. 74-5314, K.S.A. 74-5315, as amended by L. 2003, Ch. 129, Sec. 5, K.S.A. 74-5316, and K.S.A. 74-5317; effective Oct. 27, 2000; amended, T-102-7-1-03, July 1, 2003; amended Oct. 31, 2003.)

Kan. Admin. Regs. § 102-1-3b Application for licensure based on reciprocity

(a) Each individual who wishes to be licensed as a psychologist based on reciprocity, as provided by K.S.A. 74-5315 and amendments thereto, shall submit an application for licensure in accordance with the provisions of this regulation.

(b) Each applicant for licensure as a psychologist 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. 102-1-13.

(2) The applicant shall forward to the licensing agency for the jurisdiction in which the applicant is currently licensed, certified, or registered as a psychologist at the doctoral 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, registration, or certification to practice psychology at the doctoral level that has been issued by the licensing agency;

(B) the date on which the applicant was initially licensed, registered, or certified by the licensing agency as a psychologist at the doctoral level and a complete history of each subsequent renewal, reinstatement, and lapse in licensure, registration, or certification. If an applicant is seeking licensure based on reciprocity under the provisions of paragraph (a)(2) of K.S.A. 74-5315 and amendments thereto, the applicant shall ensure that documentation covering the five continuous years of licensure, registration, or certification as a psychologist at the doctoral level that immediately precede the date of the application is submitted to the board by the licensing agency for each jurisdiction in which the applicant was licensed, registered, or certified during that five-year period;

(C) a complete history of any disciplinary action of a serious nature brought by the licensing agency against the applicant. For purposes of this regulation, "disciplinary action of a serious nature" means the revocation or suspension of a license, registration, or certification issued by the licensing board or the voluntary surrender of a license, registration, or certification in lieu of the completion of an investigation or final disciplinary action; and

(D) either verification that the standards in that jurisdiction for licensure, certification, or registration as a psychologist at the doctoral level are substantially equivalent to the standards in Kansas or verification that the applicant has earned a doctoral degree in psychology, the date on which the applicant earned the degree, and the name of the university or college granting the degree.

The completed form shall be returned to the board by the licensing agency and shall not be forwarded to the applicant.

(3) If the applicant is seeking licensure based on reciprocity under the provisions of paragraph (a)(2) of K.S.A. 74-5315, and amendments thereto, rather than on the basis that the standards for licensure, registration, or certification are substantially equivalent to the standards in Kansas for licensure as a psychologist at the doctoral level, 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 psychology at the doctoral 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 doctoral degree in psychology, 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 doctoral degree in psychology.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-5315, as amended by L. 2003, Ch. 129, Sec. 5, and K.S.A. 74-7507; implementing K.S.A. 74-5315, as amended by L. 2003, Ch. 129, Sec. 5, K.S.A. 74-5310 and 74-5324; effective, T-102-7-1-03, July 1, 2003; effective Oct. 31, 2003.)

Kan. Admin. Regs. § 102-1-4 Examinations

(a) Prior to the issuance of a license, each applicant for licensure shall have passed an examination. The pass criterion score shall be 70 percent correct. Each applicant shall be notified of the results in writing.

(b) The standard examination shall be a written examination. A written examination may be waived and an oral examination procedure substituted when:

(1) A license has been revoked or suspended and re-licensure is requested; or

(2) an applicant is unable to take the written examination because one or more physical handicaps preclude completion of the written examination, or may severely affect the applicant's performance.

(c) For oral examinations, the board may contract collectively or individually with a panel of licensed psychologists to conduct the oral examination and make recommendations to the board, based on the performance evaluation of the applicant.

(d) Oral examinations shall include assessment of:

(1) Effectiveness and clarity of expression;

(2) knowledge and skills in the area in which the applicant is otherwise qualified to offer psychological services;

(3) knowledge and awareness of ethical issues and problems in the professional area of emphasis and for psychologists in general; and

(4) knowledge of general psychology.

(e) All oral examinations shall be recorded verbatim.

(f) The pass or fail decision shall be based on a review of the recommendation of the oral examining panel and review of the verbatim recordings, when necessary.

(g) Any applicant, other than an applicant for reinstatement of a revoked or suspended license, may be exempt from taking the written examination if:

(1) The applicant successfully passed the written portion of an examination taken in another jurisdiction at a level equal to or greater than the criterion pass score; or

(2) the applicant:

(A) has been continuously licensed or certified at the doctoral level since implementation of, or under the grandfathering provisions of, the certification or licensure law in the applicant's state;

(B) has been employed as a psychologist full-time at least for five years; and

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 74-5310, K.S.A. 74-5311, and K.S.A. 74-7507 effective May 1, 1982; amended May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended May 30, 1995.)

Kan. Admin. Regs. § 102-1-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-5314; implementing K.S.A. 74-5314 and K.S.A. 74-5317; effective May 1, 1982; amended May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1987; amended May 30, 1995; revoked Oct. 27, 2000.)

Kan. Admin. Regs. § 102-1-5a Supervised experience and supervisor qualifications

(a) Supervised experience. Each applicant for licensure as a psychologist shall demonstrate satisfactory completion of two years of supervised experience in the practice of psychology, one year of which may be predoctoral supervised experience and at least one year of which shall be postdoctoral supervised experience, unless the applicant meets the requirements in paragraph (b)(2).

(b) Predoctoral supervised experience.

(1) The year of predoctoral supervised experience shall meet the internship requirements specified in K.A.R. 102-1-12(b)(11).

(2) This year of predoctoral supervision may be completed on a postdoctoral basis if the applicant completes the predoctoral supervision while successfully completing a program that meets both of the following requirements:

(A) Prepares the applicant to practice in an area of emphasis that is different from the area of emphasis that the applicant originally completed when the applicant received the doctoral degree; and

(B) substantially complies with the program requirements of K.A.R. 102-1-12.

(1) The supervised experience shall be attained in a public or private setting, institution, or organization that provides the supervisee with contact with other disciplines, the opportunity to utilize a variety of theories, and the opportunity to work with a broad range of populations and techniques.

(2) At least 900 hours of supervised experience each year shall be spent providing clinical psychological services.

(3) At least 180 hours of supervised experience each year shall be spent providing general or nonclinical psychological services.

(4) The supervised clinical experience shall be consistent with the supervisee's educational background and with the area of emphasis in which the applicant intends to offer services to the public. At least one-half of the supervisee's general training experience shall be relevant to the supervisee's emphasis area, which may include clinical psychology, counseling psychology, school psychology, industrial psychology, or organizational psychology.

(d) Supervisor qualifications. Each supervisor of a person who is obtaining the supervised experience required to become licensed as a psychologist shall meet the following requirements:

(1) If providing general training supervision, be a licensed or certified provider of a health-related service when the supervision occurred or, if the experience occurs in a state or jurisdiction without a provision for licensing or certifying that health-related profession, have attained the appropriate degree or training in the topic area in which supervision is provided;

(2) if providing supervision for the predoctoral supervised experience, be licensed at the doctoral level in psychology;

(3) if providing supervision for the postdoctoral supervised experience, have at least two years of experience that includes the clinical practice of psychology after the date of licensure at the doctoral level in psychology;

(4) meet at least one of the following conditions:

(i) Be a staff member of the practice setting or have an understanding of the practice setting's organization and administrative policies and procedures; or

(ii) be vested by the agency with authority over the supervisee's professional contacts with each of the supervisee's clients or patients. This authority shall be focused on the supervisee's skills as well as the welfare of those clients or patients whose treatment the supervisor is reviewing;

(5) if the supervisor is not employed by the public or private institution or agency that employs the supervisee, ensure that the scope of the supervisor's own responsibility and authority in that practice setting has been clearly defined;

(6) not have a familial or harmful dual relationship with the supervisee;

(7) not be under sanction from a disciplinary proceeding, unless this prohibition is waived by the board for good cause shown by the proposed supervisor; and

(8) use forms supplied by the board and submit information that is sufficiently detailed regarding the supervisee's application for psychology licensure to enable the board to evaluate the extent and quality of the supervisee's supervised experience.

(e) Supervised experience requirements.

(1) For predoctoral psychology experience settings, the supervisor shall provide one hour of individual clinical supervision for every 10 hours during which the supervisee has direct patient or client contact.

(2) For postdoctoral supervised experience settings, the supervisor shall provide one hour of individual clinical supervision for every 20 hours during which the supervisee has direct patient or client contact.

(3) The supervisor, in addition to meeting the requirements in subsection (d), shall perform the following:

(A) Provide individual face-to-face supervision by meeting in person or, if confidentiality is technologically protected, by televideo, with the supervisee. The means of supervision shall have the ability to include discussion, observation, and review of documentation. When meeting face-to-face is not practical due to extenuating circumstances approved by the board, telephonic supervision may be approved by the board;

(B) be available to the supervisee at the points of decision making regarding the diagnosis and treatment of clients or patients;

(C) conduct supervision as a process that is distinct from providing personal therapy, didactic instruction, or consultation;

(D) in conjunction with the supervisee, review and evaluate the psychological services delivered and procedures used;

(E) ensure that each client or patient knows that the supervisee is practicing psychology under supervision;

(F) be available to the supervisee for emergency consultation and intervention; and

(G) maintain documentation of the supervision that details each type of the psychological services and procedures in which the supervisee engages and the supervisee's competence in each.

(f) Supervisee requirements. Each person attaining the supervised experience necessary for licensure as a psychologist shall meet the following requirements:

(1) Fully participate in the supervisory process in a responsible manner; and

(2) inform, in writing, each client or patient for whom the supervisee is practicing psychology of the name of and the means to contact the supervisor.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 2021 Supp. 74-5310 and K.S.A. 74-5317; effective Oct. 27, 2000; amended March 10, 2006; amended Dec. 16, 2022.)

Kan. Admin. Regs. § 102-1-6 Licensure action by the board

(a) Each applicant shall be licensed when the applicant has met all qualifications for licensure.

(b) Licensure of an applicant shall require a majority vote of the board.

(c) Any member of the board who has a conflict of interest shall disqualify himself or herself from voting. This disqualification shall not affect the existence of a quorum.

(d) Licensure action by the board shall be reported in the board minutes with a listing of the relevant sections of the law under which the candidate qualified. If the board denies an application, the reasons for the denial shall be reported.

(e) Each denied applicant shall be informed in writing of the reasons for the applicant's denial and of the applicant's right to a hearing. Action of the board shall be considered completed when the notification has been received by the applicant. Any applicant may request a hearing or reconsideration of the application by submitting a written statement, detailing the basis for the request, with the executive secretary within 30 days of receipt of the notification. The applicant may submit additional material in the request for reconsideration. If a request for a hearing or reconsideration is not made within the 30 day period, the application shall expire.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507, as amended by L. 1986, Ch. 299, Sec. 42; implementing K.S.A. 74-5310, as amended by L. 1986, Ch. 299, Sec. 15; effective May 1, 1982; amended May 1, 1984; amended May 1, 1987.)

Kan. Admin. Regs. § 102-1-7 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1987 Supp. 74-7507; implementing K.S.A. 1987 Supp. 74-5310, as amended by L. 1988, Ch. 243, Sec. 15, K.S.A. 1987 Supp. 74-5333; effective May 1, 1982; amended May 1, 1984; amended May 1, 1987; amended July 24, 1989; revoked June 8, 2007.)

Kan. Admin. Regs. § 102-1-8 Renewal and reinstatement

(a) To be considered for license renewal pursuant to K.S.A. 74-5319 and amendments thereto, each licensed psychologist shall submit the following to the board:

(1) The completed renewal form provided by the board;

(2) the renewal fee required by K.S.A. 74-5319 and amendments thereto, as set forth in K.A.R. 102-1-13(a)(3); and

(3) evidence satisfactory to the board that the psychologist has completed the required number of continuing education hours as specified in K.A.R. 102-1-15.

(b) To be considered for reinstatement of a revoked psychology license for reasons other than incapacity of the psychologist, the applicant shall submit the following items to the board:

(1) The completed reinstatement form provided by the board;

(2) the reinstatement fee equal to the renewal fee as set forth in K.A.R. 102-1-13(a)(3);

(3) if the applicant is required to take an examination, the examination fee as set forth in K.A.R. 102-1-13(a)(4);

(4) proof satisfactory to the board of compliance with any term specified by an order of the board as a condition of reinstatement of the license;

(5) any materials, information, evaluation or examination reports, or other documentation that the board may request that will enable it to satisfactorily evaluate and determine whether or not the license should be reinstated. In determining whether or not the license should be reinstated, factors including the following shall be considered by the board:

(A) The extent to which the individual presently merits the public trust;

(B) the individual's demonstrated understanding of the wrongful conduct that resulted in the license revocation. This understanding may be demonstrated either by successfully completing an oral interview with the board or by preparing a professional paper that is reviewed and approved by the board or the board's designee;

(C) the extent of the individual's remediation and rehabilitation in regard to the wrongful conduct that resulted in the license revocation;

(D) the nature and seriousness of the original misconduct;

(E) the individual's conduct after the license revocation;

(F) the time elapsed since the license revocation; and

(G) the individual's present competence in psychological knowledge and skills;

(6) verification acceptable to the board that the applicant has completed, during the immediate 24-month period, the required number of continuing education hours as specified in K.A.R. 102-1-15; and

(7) evidence satisfactory to the board that the applicant has not practiced independently as or held that individual out to the public as being a psychologist.

(c) To be considered for renewal of an expired psychology license, the applicant shall submit the following items to the board:

(1) The completed renewal form provided by the board;

(2) the renewal fee as set forth in K.A.R. 102-1-13(a)(3);

(3) the late renewal fee equal to the renewal fee as set forth in K.A.R. 102-1-13(a)(3);

(4) if the applicant has been credentialed in a state other than Kansas, verification of the status of the applicant's credential in that state;

(5) verification acceptable to the board that the applicant has completed, during the immediate 24-month period, the required number of continuing education hours as specified in K.A.R. 102-1-15; and

(6) evidence satisfactory to the board that, after November 1 following the expiration of the license, the applicant has not practiced independently as or held out that individual as a psychologist.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 74-5318, K.S.A. 74-5319, K.S.A. 74-5339, K.S.A. 74-7507, K.S.A. 74-5320, and K.S.A. 74-5321; effective May 1, 1982; amended May 1, 1984; amended May 1, 1986; amended May 1, 1987; amended Dec. 18, 1998; amended July 11, 2003.)

Kan. Admin. Regs. § 102-1-8a Renewal audit

(a) A random audit of the continuing education documentation for 10 percent of the psychologist licenses expiring during each license renewal period shall be conducted by the board.

(b) Each licensee selected for the random audit shall be notified in writing after the board has received the psychologist's renewal application form required by K.A.R. 102-1-8.

(c) Upon board notification, each renewal applicant for a psychologist license shall submit the following to the board within 30 days after the license expiration date:

(1) The completed renewal audit forms; and

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

(d) Continuing education units that a renewal applicant for a psychologist license earns after board receipt of the renewal application form shall not be approved for continuing education credit for the current renewal period.

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

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-5318 and K.S.A. 2007 Supp. 74-7507; effective Feb. 13, 2009.)

Kan. Admin. Regs. § 102-1-9 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-5315, 74-5316; effective May 1, 1982; revoked May 1, 1984.)

Kan. Admin. Regs. § 102-1-10 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 74-7507 and K.S.A. 74-5342; effective May 1, 1982; amended May 1, 1984; amended, T-85-35, Dec. 10, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended Aug. 4, 1995; revoked Jan. 4, 2002.)

Kan. Admin. Regs. § 102-1-10a Unprofessional conduct

Each of the following shall be considered unprofessional conduct:

(a) Practicing psychology in an incompetent manner, which shall include the following acts:

(1) Misrepresenting professional competency by offering to perform services that are inconsistent with the licensee's education, training, or experience;

(2) performing professional services that are inconsistent with the licensee's education, training, or experience; and

(3) without just cause, failing to provide psychological services that the licensee is required to provide under the terms of a contract;

(b) practicing with impaired judgment or objectivity, which shall include the following acts:

(1) Using alcohol or other substances to the extent that it impairs the psychologist's ability to competently engage in the practice of psychology; and

(2) failing to recognize, seek intervention, and make arrangements for the care of clients if one's own personal problems, emotional distress, or mental health difficulties interfere with or negatively impact professional judgment, professional performance and functioning, or the ability to act in the client's best interests;

(1) Making sexual advances toward or engaging in physical intimacies or sexual activities with either of the following:

(A) Any person who is a client; or

(B) any person that the licensee knows who has a significant relationship with the client, supervisee, or student;

(2) failing to inform the client or patient of any financial interests that might accrue to the licensed psychologist for referral to any other service or for the sale, promotion, or use of any tests, books, electronic media, or apparatus; and

(3) exercising undue influence over any client;

(d) making sexual advances toward or engaging in physical intimacies or sexual activities with, or exercising undue influence over any person who, within the past 24 months, has been a client;

(e) failing to obtain informed consent, which shall include the following acts:

(1) Failing to obtain and document, in a timely manner, informed consent from the client or legally authorized representative for clinical psychological services before the provision of any of these services except in an emergency situation. This informed consent shall include a description of the possible effects of treatment or procedures when there are known risks to the client or patient;

(2) failing to provide clients or patients with a description of what the client or patient may expect in the way of tests, consultation, reports, fees, billing, and collection; and

(3) failing to inform clients or patients when a proposed treatment or procedure is experimental;

(f) ignoring client welfare, which shall include the following acts:

(1) Failing to provide copies of reports or records to a licensed healthcare provider authorized by the client following the licensee's receipt of a formal written request, unless the release of that information is restricted or exempted by law or by these regulations, or the disclosure of the information would be injurious to the welfare of the client;

(2) failing to inform the client or patient that the client or patient is entitled to the same services from a public agency if the licensed psychologist is employed by that public agency and also offers services privately;

(3) engaging in behavior that is abusive or demeaning to a client, student, or supervisee;

(4) soliciting or agreeing to provide services to prospective clients or patients who are already receiving mental health services elsewhere without openly discussing issues of disruption of continuity of care with the prospective client or patient, or with other legally authorized persons who represent the client or patient, and when appropriate, consulting with the other service provider about the likely effect of a change of providers on the client's general welfare;

(5) failing to take each of the following steps before termination for whatever reason, unless precluded by the patient's or client's relocation or noncompliance with the treatment regimen:

(A) Discuss the patient's or client's views and needs;

(B) provide appropriate pretermination counseling;

(D) take other reasonable steps to facilitate the transfer of responsibility to another provider if the patient or client needs one immediately;

(6) failing to arrange for another psychologist or other appropriately trained mental health professional to be available to handle clinical emergencies if the psychologist anticipates being unavailable for a significant amount of time;

(7) failing to be available for the timely handling of clinical emergencies after having agreed to provide coverage for another psychologist;

(8) failing to terminate a professional relationship if it becomes reasonably clear that the patient or client no longer needs the service, is not benefiting from continued service, or is being harmed by continued service;

(9) failing to delegate to employees, supervisees, and research assistants only those responsibilities that these persons can reasonably be expected to perform competently on the basis of their education, training, or experience, either independently or with the level of supervision being provided;

(10) failing to provide training and supervision to employees or supervisees and to take reasonable steps to see that these persons perform services responsibly, competently, and ethically; and

(11) continuing to use or order tests, procedures, or treatment, or to use treatment facilities or services not warranted by the client's or patient's condition;

(g) failing to protect confidentiality, which shall include the following acts:

(1) Failing to inform each client, supervisee, or student of the limits of client confidentiality, the purposes for which the information may be obtained, and the manner in which it may be used;

(2) revealing any information regarding a client or failing to protect information contained in a client's records, unless at least one of these conditions is met:

(A) Disclosure is required or permitted by law;

(B) failure to disclose the information presents a clear and present danger to the health and safety of an individual or the public;

(C) the psychologist is a party to a civil, criminal, or disciplinary investigation or action arising from the practice of psychology, in which case disclosure shall be limited to that action; or

(D) the patient has signed a written release that authorizes the psychologist to release information to a specific person or persons identified in the release; and

(3) failing to obtain written, informed consent from each client or the client's legal representative or representatives or from any other participant before performing either of the following actions:

(A) Electronically recording sessions with the client, or other participants, including audio and video recordings; or

(B) permitting third-party observation of the activities of the client or participant;

(h) misrepresenting the services offered or provided, which shall include the following acts:

(1) Failing to inform a client if services are provided or delivered under supervision;

(2) making claims of professional superiority that cannot be substantiated;

(3) guaranteeing that satisfaction or a cure will result from the performance of professional services;

(4) knowingly engaging in fraudulent or misleading advertising; and

(5) taking credit for work not personally performed;

(i) engaging in improprieties with respect to fees and billing statements, which shall include the following acts:

(1) Exploiting clients or payers with respect to fees;

(2) misrepresenting one's fees;

(3) failing to inform a patient or client who fails to pay for services as agreed that collection procedures may be implemented, including the possibility that a collection agency may be used or legal measures may be taken; and

(4) filing claims for services that were not rendered;

(j) improperly using assessment procedures, which shall include the following acts:

(1) Basing assessment, intervention, or recommendations on test results and instruments that are inappropriate to the current purpose or to the patient characteristics;

(2) failing to identify situations in which particular assessment techniques or norms may not be applicable or failing to make adjustments in administration or interpretation because of relevant factors, including gender, age, race, and other pertinent factors;

(3) failing to indicate significant limitations to the accuracy of the assessment findings;

(4) failing to inform individuals or groups at the outset of an assessment that the psychologist is precluded by law or by organizational role from providing information about results and conclusions of the assessment;

(5) endorsing, filing, or submitting psychological assessments, recommendations, reports, or diagnostic statements on the basis of information and techniques that are insufficient to substantiate those findings;

(6) releasing raw test results or raw data either to persons who are not qualified by virtue of education, training, or supervision to use that information or in a manner that is inappropriate to the needs of the patient or client; and

(7) allowing, endorsing, or supporting persons who are not qualified by virtue of education, training, or supervision to administer or interpret psychological assessment techniques;

(k) violating applicable law, which shall include the following acts:

(1) Impersonating another person holding a license issued by this or any other board;

(2) claiming or using any method of treatment or diagnostic technique that the licensed psychologist refuses to divulge to the board;

(3) refusing to cooperate in a timely manner with the board's investigation of complaints lodged against an applicant or a psychologist licensed by the board. Any psychologist taking longer than 30 days to provide requested information shall have the burden of demonstrating that the psychologist has acted in a timely manner; and

(4) being convicted of a crime resulting from or relating to the licensee's professional practice of psychology;

(l) aiding an illegal practice, which shall include the following acts:

(1) Knowingly allowing another person to use one's license;

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

(3) furthering the licensure or registration application of another person who is known or reasonably believed to be unqualified in respect to character, education, or other relevant eligibility requirements;

(4) making a materially false statement or failing to disclose a material fact in an application for licensure or renewal of licensure; and

(5) failing to notify the board, within a reasonable period of time, that any of the following conditions apply to the psychologist or that the psychologist has knowledge, not obtained in the context of confidentiality, that any of the following conditions apply to another professional regulated by the board:

(A) A licensee has had a license, certificate, permit, registration, or other certificate, registration, or license in psychology or in the field of behavioral sciences, granted by any state or jurisdiction, that has been limited, restricted, suspended, or revoked;

(B) a licensee has been subject to disciplinary action by a licensing or certifying authority or professional association;

(C) a licensee has been terminated or suspended from employment for some form of misfeasance, malfeasance, or nonfeasance;

(D) a licensee has been convicted of a felony; or

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

A psychologist taking longer than 30 days to notify the board shall have the burden of demonstrating that the psychologist acted within a reasonable period of time;

(m) failing to maintain and retain records as outlined in K.A.R. 102-1-20;

(n) improperly engaging in research with human subjects, which shall include the following acts:

(1) Failing to consider carefully the possible consequences for human beings participating in the research;

(2) failing to protect each participant from unwarranted physical and mental harm;

(3) failing to ascertain that the consent of the participant is voluntary and informed; and

(4) failing to preserve the privacy and protect the anonymity of the subjects within the terms of informed consent;

(o) engaging in improprieties with respect to forensic practice, which shall include the following acts:

(1) When conducting a forensic examination, failing to inform the examinee of the purpose of the examination and the difference between a forensic examination and a therapeutic relationship;

(2) in the course of giving expert testimony in a legal proceeding, performing a psychological assessment in a biased, nonobjective, or unfair manner or without adequate substantiation of the findings;

(3) failing to conduct forensic examinations in conformance with established scientific and professional standards; and

(4) if a prior professional relationship with a party to legal proceeding precludes objectivity, failing to report this prior relationship and to clarify in both written report and actual testimony the possible impact of this prior relationship on the resulting conclusions and recommendations; and

(p) engaging in improprieties with respect to supervision, which shall include the following acts:

(1) Failing to provide supervision in compliance with subsection (d) of K.A.R. 102-1-5a;

(2) failing to provide supervision to a person working towards licensure as a clinical psychotherapist in compliance with KAR 102-4-7a; and

(3) failing to provide regular, periodic, written supervisory feedback to the supervisee.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2000 74-7507 and K.S.A. 74-5324; effective Jan. 4, 2002; amended Jan. 9, 2004.)

Kan. Admin. Regs. § 102-1-11 Supervision of unlicensed assistants

(a) To utilize unlicensed assistants for psychological services, the licensed psychologist shall:

(1) Provide direct and continuing administrative and professional supervision to the unlicensed assistant;

(2) be vested with administrative control over the functioning of unlicensed assistants to maintain ultimate responsibility for the welfare of every client or patient;

(3) have sufficient contact with all clients or patients in order to plan effective and appropriate service and define procedures. The licensed psychologist shall also be available to the patient or client for emergency consultation and intervention;

(4) provide the unlicensed assistant with only work assignments which are commensurate with the skills of that assistant;

(5) plan all procedures to be used by the unlicensed assistant and inform the assistant of those plans;

(6) provide space for unlicensed assistants in the same physical setting as themselves, unless otherwise approved and authorized by the board;

(7) make all public announcements of fees and services. The licensed psychologist shall be solely responsible for all correspondence with other professionals;

(8) set and collect all fees;

(9) countersign all requests for payments for services performed by the unlicensed assistant. By so doing a psychologist shall be deemed to have established a supervisory relationship pursuant to this section;

(10) have not more than three full-time unlicensed assistants in the licensed psychologist's employ, if the licensed psychologist is in independent practice;

(11) establish and maintain a level of supervisory contact sufficient to insure the welfare of clients or patients seen by the unlicensed assistant and provide the board with documentation attesting to that level of supervision for board review and approval;

(12) notify the board within 45 days of those individuals who are serving as unlicensed assistants. This notification shall be on forms approved by the board and shall include the name, the education of, and duties assigned to each unlicensed assistant;

(13) be responsible for all psychological services performed by the unlicensed assistant, and be solely responsible for interpretation of psychological assessments on all patients or clients; and

(14) not be under a supervisory agreement with the board. This provision may be waived by the board upon application for review by the proposed supervisor.

(b) An ongoing record of supervision shall be maintained which details the type of activities in which the unlicensed assistant is engaged, and the level of competence in each. This record shall be available for review by the board.

(c) Persons receiving supervision while obtaining pre-doctoral or post-doctoral professional experience in an exempt agency are not required to be registered by the supervising licensed psychologist.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-5314, and K.S.A. 74-5344, as amended by L. 1986, Ch. 299, Sec. 40; effective May 1, 1982; amended May 1, 1984; amended May 1, 1987.)

Kan. Admin. Regs. § 102-1-12 Educational requirements

(a) Definitions.

(1) "Core faculty member" means an individual who is part of the program's teaching staff and who meets the following conditions:

(A) Is an individual whose education, training, and experience are consistent with the individual's role within the program and are consistent with the published description of the goals, philosophy, and educational purpose of the program;

(B) is an individual whose primary professional employment is at the institution in which the program is housed; and

(C) is an individual who is identified with the program and is centrally involved in program development, decision making, and student training as demonstrated by consistent inclusion of the individual's name in public and departmental documents.

(2) "In residence," when used to describe a student, means that the student is present at the physical location of the institution for the purpose of completing coursework during which the student and one or more core faculty members are in physical proximity and 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) A graduate applicant for psychology licensure shall be deemed to have received a doctoral degree based on a program of studies in content primarily psychological as set forth in K.S.A. 74-5310, and amendments thereto, or the substantial equivalent of this program in both subject matter and extent of training, if at the time the applicant graduated from the program, this doctoral degree program was accredited by the American psychological association. If the applicant began the program after March 10, 2006, the accredited program shall require that at least 24 semester credit hours in the substantive areas identified in paragraph (b)(13)(C), or the equivalent number of quarter or trimester credit hours, be completed while the applicant is in residence. If not so accredited, the doctoral degree program from which the applicant was granted the degree shall meet all of the following criteria:

(1) The doctoral program is offered by an institution of higher education that is regionally accredited by an accrediting agency substantially equivalent to those agencies that accredit the universities in Kansas.

(2) The program offers doctoral education and training in psychology, one goal of which is to prepare students for the practice of psychology.

(3) The program stands as a recognized, coherent organizational entity within a university or college.

(4) There is a clear administrative authority with primary responsibility within the program for the substantive content areas as set forth in paragraph (b)(13) and for the emphasis areas of psychology.

(5) The program is an established, organized, and comprehensive sequence of study designed by administrators who are responsible for the program to provide an integrated educational experience in psychology.

(6) There is an identifiable, full-time, professional faculty whose members hold earned graduate degrees in psychology, and the person responsible for directing the program is licensed or academically eligible at the doctoral level to engage in the practice of psychology.

(7) The ratio of students to core faculty members does not exceed 15 students to one core faculty member.

(8) The student's major advisor is a member of the psychology faculty.

(9) The program has an identifiable body of students who are matriculated in the program for a degree.

(10) The program publicly states an explicit philosophy of training by which it intends to prepare students for the practice of psychology. The program's philosophy, educational model, and curriculum plan shall be substantially consistent with the mission and goals of the program's sponsor institution and shall be consistent with the following principles of the discipline:

(A) Psychological practice is based on the science of psychology, which, in turn, is influenced by the professional practice of psychology.

(B) Training for practice is sequential, cumulative, graded in complexity, and designed to prepare students for further organized training.

(11) The program, except for industrial and organizational psychology programs, requires an internship that meets the following requirements:

(A) Consists of at least 1,800 hours over one year of full-time training or two consecutive years of half-time training;

(B) accepts as interns only applicants enrolled in a doctoral program as defined in this subsection or in a program that meets the requirements of paragraph (b)(2) of K.A.R. 102-1-5a;

(C) has a clearly designated doctoral-level staff psychologist who is responsible for the integrity and quality of the training program. This person shall be licensed, certified, or registered in the jurisdiction in which the program exists to engage in the practice of psychology and shall be present at the training facility for a minimum of 20 hours per week;

(D) provides training and supervision in a wide range of professional activities, including diagnosis, remediation techniques, interdisciplinary relationships, and consultation, and provides experience with a population of clients or patients presenting a diverse set of problems and backgrounds;

(E) is taken after the completion of all graduate courses other than those designated for writing the dissertation, including both the required graduate coursework emphasizing the practice of psychology and the preinternship training requirements;

(F) provides the intern or resident with a minimum of four hours of general training supervision for every 40 hours of training experience. At least one hour of individual clinical supervision shall be provided for every 10 hours during which the supervisee has direct patient or client contact;

(G) provides the majority of supervision by licensed, doctoral-level psychologists;

(H) exists as a distinct and organized program that is clearly recognizable within an institution or agency, as well as in pertinent public, official documents issued by the institution or agency, and that is clearly recognizable as a training program for psychologists;

(I) identifies interns as being in training and not as staff members;

(J) has a training staff that consists of at least two doctoral-level psychologists who serve on a full-time basis as individual clinical supervisors and who are licensed, certified, or registered as psychologists in the jurisdiction in which the program exists;

(K) is an integrated and formally organized training experience, not an after-the-fact tabulation of experience; and

(L) provides at least two hours per week in didactic activities, including case conferences, seminars, in-service training, and grand rounds.

(12) Before awarding the doctoral degree, the program requires each student to complete a minimum of three full-time academic years of graduate study, or the equivalent, and to complete an internship that meets the requirements of paragraph (b)(11). At least two of the three academic training years, or the equivalent, shall be completed at the institution from which the doctoral degree is granted, and at least two consecutive semesters, or the equivalent number of quarters or trimesters, shall be completed while the student is in residence at the same institution. The program's coursework shall also include the skill courses appropriate for the applicant's major or area of emphasis.

(13) The program has and implements a clear and coherent curriculum plan that provides the means whereby all students can acquire and demonstrate substantial understanding of and competency in the current body of knowledge in the following three substantive areas:

(A) The breadth of scientific psychology, its history of thought and development, its research methods, and its applications. Each student shall have completed a one-semester course consisting of three semester credit hours, or the equivalent number of quarter or trimester credit hours, in each of the following six areas:

(i) Biological aspects of behavior, including clinical neuropsychology and the biological foundations of psychopathology;

(ii) cognitive and affective aspects of behavior, including theories of perception, human learning and memory, cognitive development, and theories and research in human learning;

(iii) social aspects of behavior, including social psychology, advanced social psychology, and social psychology theories, research, and clinical applications;

(iv) the history and systems of psychology, including the history of psychology and theories of personality;

(v) psychological measurement, including an introduction to mathematical methods in psychology, educational measurement methods in psychological research, and research methods in clinical psychology; and

(vi) research methodology and techniques of data analysis, including statistical methods in psychology, research design in education, multivariate analysis, and multivariate statistical methods;

(B) the scientific, methodological, and theoretical foundations of practice. Each student shall have completed a one-semester course consisting of three semester credit hours, or the equivalent number of quarter or trimester credit hours, in each of the following four areas:

(i) Individual differences in behavior, including the basis and nature of individuality, intelligence and cognition, and cross-cultural counseling;

(ii) human development, including advanced child behavior and development, behavioral analysis of child development, the psychology of the adult personality, gerontology, and counseling with adults;

(iii) dysfunctional behavior or psychopathology, including advanced psychopathology; and

(iv) professional, ethical, legal, and quality assurance principles and standards, including professional, legal, and ethical problems in clinical psychology and legal, ethical, and professional issues in counseling; and

(C) the methods of diagnosing or defining problems through psychological assessment and measurement and the strategies and techniques of therapeutic intervention or remediation. A minimum of 24 semester credit hours in this substantive area, or the equivalent number of quarter or trimester credit hours, shall be completed by the student while the student is in residence and shall be distributed between the following two areas:

(i) Nine semester credit hours in assessment, or the equivalent number of quarter or trimester credit hours. Assessment courses shall include theories and methods of assessment and diagnosis, including intelligence testing, behavioral and personality assessment in children, theory and construction of personality tests, and techniques of psychodiagnostic assessment; and

(ii) 15 semester credit hours, or the equivalent number of quarter or trimester credit hours, in techniques of therapeutic interventions and effective therapeutic intervention, consultation, and supervision, including counseling and interviewing skills, theories of group counseling, psychological clinical services, psychotherapy, group therapeutic techniques, and psychotherapy with families.

(14) The program requires at least 90 semester credit hours, or the equivalent number of quarter or trimester credit hours, of formal graduate study in the psychology program. At least 60 of these semester credit hours, or the equivalent number of quarter or trimester credit hours, shall be distributed among the content areas specified in paragraph (b)(13).

(15) At least 60 semester credit hours of the coursework for the doctoral program, or the equivalent number of quarter or trimester hours, are clearly designated on the transcript as graduate-level courses in the program, exclusive of practicum, internship, and dissertation credits. The number of credits received through extension programs shall not exceed 10 semester credit hours or the equivalent number of quarter or trimester credit hours. The number of postdoctoral credit hours from a regionally accredited university or college taken to meet licensure requirements shall not exceed 10 semester credit hours or the equivalent number of quarter or trimester credit hours.

(16) When the program has an applied emphasis, which may include clinical psychology, counseling psychology, or school psychology, the training shall also include a minimum of at least two semesters of a coordinated practicum. The practicum in the application of skills related to the areas of emphasis shall be performed in a setting that is preapproved by the appropriate administrative authorities of the program.

(17) The program advertises in official documents, including course catalogues and announcements, the program standards and descriptions and the admission requirements of the program.

(18) The program has admission requirements that are, in part or in full, based on objective, standardized achievement tests and measures.

(19) The program includes an ongoing, objective review and evaluation of student learning and progress, and the program reports this evaluation in the official transcript.

(20) The program includes a comprehensive examination or an equivalent assessment approved by the board of the applicant's knowledge and progress within the training program, and the program requires that the applicant pass this requirement before awarding the doctoral degree.

(21) As a part of the graduation requirements, each student is required to initiate, prepare, conduct, and report original research or an equivalent project as determined by the program. This original research or equivalent project shall not be substituted for successful completion of the comprehensive examination required under paragraph (b)(20).

(22) The institution offering the graduate program has a library and equipment and resources available that are adequate for the size of the student body and the scope of the program offered, including suitable scientific and practicum facilities.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 74-7507; implementing K.S.A. 74-5310; effective May 1, 1982; amended May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended Dec. 18, 1998; amended Oct. 27, 2000; amended March 10, 2006; amended, T-102-4-24-07, April 24, 2007; amended April 11, 2008.)

Kan. Admin. Regs. § 102-1-13 Fees

(a) Each applicant for licensure as a psychologist shall pay the appropriate fee as follows:

(1) Application for a license, $175;

(2) original license, $50;

(3) renewal, $150;

(4) duplicate license, $20;

(5) community-based psychologist license, $50;

(6) psychology interjurisdictional compact (PSYPACT) home state privilege to practice fee, $25;

(7) reinstatement temporary license, $25

(8) temporary license, $50;

(9) temporary license renewal fee, $50;

(10) temporary permit for an out-of-state licensed independent psychologist, $200; or

(11) temporary permit for an out-of-state licensed independent psychologist extension, $200.

(b) Each applicant for an expedited application shall pay $100 in addition to the application fee of $175.

(c) Each applicant for a license renewal after the license's expiration date, if the license has been expired for less than one year, shall pay an additional fee of $150, as well as the renewal fee of $150.

(d) Each applicant for a license renewal after the license's expiration date, if the license has been expired for one-year or more, shall pay the renewal fee of $150.

(e) Each applicant for reinstatement of a license that has been revoked by the board shall pay a fee of $200.

(f) Fees paid to the board shall not be refundable.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by 2023 Sub for SB 131, sec. 2, K.S.A. 2022 Supp. 74-5316, as amended by 2023 Sub for SB 131, sec. 32, K.S.A. 2022 Supp. 74-5316a, K.S.A. 74-5318, as amended by 2023 Sub for SB 131, sec. 33, K.S.A. 74-5339, as amended by 2023 Sub for SB 131, sec. 41, K.S.A. 2022 Supp. 74-5353, and K.S.A. 74-7507; implementing 2023 Sub for SB 131, sec. 2, K.S.A. 2022 Supp. 74-5310, as amended by 2023 Sub for SB 131, sec. 30, K.S.A. 74-5310a, K.S.A. 2022 Supp. 74-5315, as amended by 2023 Sub for SB 131, sec. 31, K.S.A. 2022 Supp. 74-5316, as amended by 2023 Sub for SB 131, sec. 32, K.S.A. 2022 Supp. 74-5316a, K.S.A. 74-5318, as amended by 2023 Sub for SB 131, sec. 33, K.S.A. 74-5339, as amended by 2023 Sub for SB 131, sec. 41, and K.S.A. 2022 Supp. 74-5353; effective May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1987; amended, T-102-5-1-90, May 1, 1990; amended June 11, 1990; amended, T-102-11-29-90, Nov. 29, 1990; amended Jan. 21, 1991; amended Aug. 23, 1993; amended Aug. 4, 1995; amended Oct. 24, 1997; amended July 1, 2005; amended, T-102-7-2-07, July 2, 2007; amended Nov. 30, 2007; amended, T-102-6-26-09, June 26, 2009; amended Oct. 9, 2009; amended March 8, 2019; amended, T-102-7-17-23, July 17, 2023; amended Nov. 17, 2023.)

Kan. Admin. Regs. § 102-1-14 Psychological group service

Agencies, associations, or other groups providing psychological services shall include the name or names of the licensed psychologist or psychologists providing or supervising the services on psychological reports, insurance forms, or other official documents and advertisements.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507, as amended by L. 1986, Ch. 299, Sec. 42; implementing K.S.A. 74-5302, as amended by L. 1986, Ch. 299, Sec. 14; effective May 1, 1982; amended May 1, 1984; amended May 1, 1987.)

Kan. Admin. Regs. § 102-1-15 Continuing education

(a) Each applicant for renewal of licensure shall have earned 50 continuing education hours in the two years preceding an application for renewal. The required number of continuing education hours shall be prorated for periods of renewal that are less than the full two years, using the ratio of one-third of the continuing education hours for each six months since the date of licensure or most recent renewal. Continuing education hours for each type of continuing education activity as specified below in subsection (d) shall be prorated accordingly for those persons whose periods of renewal are less than the full two years. Each person who is licensed within six months of the current expiration period shall be exempt from the continuing education requirement for that person's first renewal period.

(b) The content of each continuing education activity shall be clearly related to the enhancement of psychology practice, values, skills, or knowledge.

(c) During each two-year renewal cycle and as part of the required continuing education hours, each licensed psychologist shall complete at least three continuing education hours of training on professional ethics and at least six continuing education hours related to diagnosis and treatment of mental disorders. These hours shall be obtained from any of the activities specified in paragraphs (d)(1), (d)(2), (d)(4), and (d)(6) of this regulation.

(d) Acceptable continuing education activities, whether taken within the state or outside the state, shall include the following:

(1) Attendance at workshops, seminars, and presentations that are sponsored, accredited, or conducted by educational institutions, professional associations, or private institutions. These activities shall be sponsored, accredited, or conducted by educational institutions, professional associations, or private institutions that are nationally or regionally accredited for training. Activities conducted by agencies, groups, or individuals that do not meet the requirements of national or regional accreditation shall be acceptable, if the content is clearly related to the enhancement of psychology skills, values, and knowledge. Actual contact hours, excluding breaks and lunch, shall be credited. A maximum of 50 continuing education hours shall be allowed;

(2) the first-time preparation and initial presentation of courses, workshops, or other formal training activities, for which a maximum of 15 continuing education hours shall be allowed;

(3) documented completion of a self-study program. A maximum of 12 continuing education hours shall be allowed;

(4) documented completion of a self-study program with a posttest that is conducted by a continuing education provider as described in paragraph (d)(1). A maximum of 40 continuing education hours shall be allowed;

(5) publication and professional presentation. Fifteen continuing education hours may be claimed for the publication or professional presentation of each scientific or professional paper or book chapter authored by the applicant. A maximum of 45 continuing education hours shall be allowed;

(6) completion of an academic course, for which a maximum of 15 continuing education hours shall be allowed for each academic semester credit hour;

(7) providing supervision as defined in K.A.R. 102-1-1, for which a maximum of 15 continuing education hours shall be allowed;

(8) receiving supervision as defined in K.A.R. 102-1-1, except in connection with any disciplinary action, for which a maximum of 15 continuing education hours shall be allowed;

(9) initial preparation for a specialty board examination, for which a maximum of 25 continuing education hours shall be allowed;

(10) participation in quality care, client or patient diagnosis review conferences, treatment utilization reviews, peer review, case consultation with another licensed psychologist, or other quality assurance committees or activities, for which a maximum of 15 continuing education hours shall be allowed;

(11) participation, including holding office, in any professional organization related to the applicant's professional activities, if the organization's activities are clearly related to the enhancement of psychology or mental health practice, values, skills, or knowledge. A maximum of 12 continuing education hours shall be allowed; and

(12) receiving personal psychotherapy that is provided by a licensed or certified mental health provider and is a part of a designated training program. A maximum of 20 continuing education hours shall be allowed.

(e) Each licensed psychologist shall be responsible for maintaining personal continuing education records. Each licensee shall submit to the board the licensee's personal records of participation in continuing education activities if requested by the board.

(f) In determining whether or not a claimed continuing education activity will be allowed, the licensed psychologist may be required by the board to demonstrate that the content was clearly related to psychology or to verify that psychologist's participation in any claimed or reported activity. If a psychologist fails to comply with this requirement, the claimed credit may be disallowed by the board.

(g) Any applicant who submits continuing education documentation that fails to meet the required 50 continuing education hours may request an extension from the board. The request shall include the applicant's reason for requesting an extension and a plan outlining the manner in which the applicant intends to complete the continuing education requirements. For good cause shown, the applicant may be granted an extension, which shall not exceed six months.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-7507; effective May 1, 1984; amended, T-85-35, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended July 24, 1989; amended Oct. 27, 2000; amended July 11, 2003.)

Kan. Admin. Regs. § 102-1-16 Use of computerized psychological tests

(a) To utilize computers in any aspect of psychological testing, the licensed psychologist shall:

(1) conform to the professional standards for testing, as adopted by the American Psychological Association in the Standards for Educational and Psychological Tests, 1985, which is hereby adopted by reference;

(2) specifically consider each of the following issues in testing each client:

(A) whether a particular test is appropriate for a particular client;

(B) whether the computerized version of a test is appropriate for use by a particular client;

(C) the evaluation, validity and reliability of the decision rules underlying interpretive statements and their supporting research;

(D) whether the integration of findings is correct; and

(E) whether the conclusions and recommendations are appropriate.

(3) not use the results of a computerized test in decision-making about clients or make such results part of official client records unless such results are signed by the licensed psychologist utilizing the test;

(4) be involved in a direct, supervisory, or consultative relationship to the client or to those persons using test findings for decision-making regarding the client;

(5) assume the same degree of responsibility for the validity and reliability of interpretive statements and soundness of inferences, judgments, and recommendations based on computer-generated test results as would be assured if the psychologist had personally examined the client; and

(6) make an explicit statement on the report as to whether the psychologist has seen or examined the client in person.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-7507, as amended by L. 1986, Ch. 299, Sec. 42; effective, T-85-35, Dec. 19, 1984; effective May 1, 1985; amended May 1, 1987.)

Kan. Admin. Regs. § 102-1-17 Licensee consult with physician when determining symptoms of mental disorders

(a) "Consult," as used in K.S.A. 74-5302 and amendments thereto, shall be defined as contact made by the licensee with the appropriate medical professional indicated in subsection (b), for the purpose of promoting a collaborative approach to the client's care. This contact may or may not be intended to accomplish confirmation of diagnosis. The timing of this action by the licensee shall be managed in a way that enhances the progress of assessment, diagnosis, and treatment. This consult may or may not be completed in the initial session of service delivery.

(b) The consult with a client's physician or psychiatrist may occur through documented face-to-face contact, documented telephonic contact, or other documented communication by the licensee with the physician, the physician's assistant, or designated nursing staff. When initiating this contact, the licensee shall not be responsible for the medical professional's response or for the client's compliance with any related intervention made by the medical professional.

(c) If a licensee is practicing in a setting or contract arrangement that involves a person licensed to practice medicine and surgery for review of mental health treatment, a physician consult may be completed through medical involvement completed in accordance with the established procedure of the setting or contract arrangement.

(d) If a licensee is practicing in a licensed community mental health center or its affiliate, or other agency of the state or licensed by the state for providing mental health, rehabilitative, or correctional services, a physician consult shall not be required beyond the procedures for medical involvement as established by the qualifying agency.

(e) In order to maintain patient confidentiality and informed consent, the licensee shall obtain either a written consent to consult with the patient's physician or a written waiver declining the consultation.

(f) Independent diagnosis may be achieved by the licensee consulting with another mental health practitioner in order to establish a diagnosis.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 74-5302, as amended by L. 1999, Ch. 117, Sec. 25; effective Oct. 27, 2000.)

Kan. Admin. Regs. § 102-1-18 Designation of referral source for use in the diagnosis and treatment of mental disorders

The "diagnostic and statistical manual of mental disorders," fifth edition, published by the American psychiatric association, shall be designated as the manual to diagnose and treat mental disorders.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-5302 and K.S.A. 74-7507; implementing K.S.A. 74-5302; effective Oct. 27, 2000; amended April 22, 2005; amended March 15, 2019.)

Kan. Admin. Regs. § 102-1-19 Services rendered to individuals located in this state

Except as authorized by K.S.A. 74-5316, K.S.A. 74-5344, and K.S.A. 74-5345, and amendments thereto, each person, regardless of the person's location, who engages in either of the following activities shall be deemed to be engaged in the practice of psychology in this state and shall be required to have a license, issued by the board, to practice psychology as a licensed psychologist:

(a) performs any act included in subsection (a) of K.S.A. 74-5302, and amendments thereto, on or for one or more individuals located in this state; or

(b) represents oneself to be a psychologist available to perform any act included in subsection (a) of K.S.A. 74-5302, and amendments thereto, on or for one or more individuals located in this state.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 74-5340; effective May 11, 2001.)

Kan. Admin. Regs. § 102-1-20 Unprofessional conduct regarding recordkeeping

(a) Failure of a psychologist to comply with the recordkeeping requirements established in this regulation shall constitute unprofessional conduct.

(b) Content of psychological records. Each licensed psychologist shall maintain a record for each client or patient that accurately reflects the licensee's contact with the client or patient and the results of the psychological service provided. Each licensee shall have ultimate responsibility for the content of the licensee's records and the records of those persons under the licensee's supervision. The record may be maintained in a variety of media, if reasonable steps are taken to maintain confidentiality, accessibility, and durability. Each record shall be completed in a timely manner and shall include the following information for each client or patient who is a recipient of clinical psychological services:

(1) Adequate identifying data;

(2) the date or dates of services the licensee or the licensee's supervisee provided;

(3) the type or types of services the licensee or the licensee's supervisee provided;

(4) initial assessment, conclusions, and recommendations;

(5) a plan for service delivery or case disposition;

(6) clinical notes of each session; and

(7) sufficient detail to permit planning for continuity that would enable another psychologist to take over the delivery of services.

(c) Retention of records. If a licensee is the owner or custodian of client or patient records, the licensee shall retain a complete record for the following time periods, unless otherwise provided by law:

(1) At least five years after the date of termination of one or more contacts with an adult; and

(2) for a client or patient who is a minor on the date of termination of the contact or contacts, at least until the later of the following two dates:

(A) Two years past the age of majority; or

(B) five years after the date of termination of the contact or contacts with the minor.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-5324 and K.S.A. 2000 Supp. 74-7507; effective Jan. 4, 2002.)

Article 2 Licensing of Social Workers

Kan. Admin. Regs. § 102-2-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 102-2-1a Definitions

Each of the following terms, as used in this article of the board's regulations, shall have the meaning specified in this regulation:

(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, any approved provider 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 practice 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 the provision of social work services to a client or clients in an individual, family, or group format with interaction being conducted in person or remotely with real-time, two-way interactive audio, visual, or audiovisual communications, including the application of videoconferencing, in which confidentiality is protected. Interaction that includes electronic mail, instant messaging, texting, or facsimile shall not be considered direct client contact.

(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 any condition or situation 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; or

(2) the inadvisability of requiring the person to comply with the requirements of this regulation.

(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) "One hour" means either of the following:

(1) One period of 50-60 continuous minutes; or

(2) two periods of 25-30 continuous minutes each.

(u) "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.

(v) "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.

(w) "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.

(x) "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.

(y) "Single-program provider status" means that the provider has been granted approval to offer a specific continuing education program.

(z) "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 subsection (bb) and K.A.R. 102-2-8 are lacking. Social work consultation shall not be substituted for supervision.

(aa) "Social work practice specialty" means a postgraduate practice with emphasis upon a specific, identifiable field of practice.

(bb) "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.

(cc) "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 that services will continue.

(dd)(1) "Under 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.

(ee) "Undue influence" means the misuse of one's professional position of confidence, trust, or authority or the 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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 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 Feb. 25, 1991; amended Aug. 4, 2000; amended Dec. 16, 2022.)

Kan. Admin. Regs. § 102-2-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 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

(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 in accordance with K.A.R. 102-2-6 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

(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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (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.)

Kan. Admin. Regs. § 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;

(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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-6309, as amended by L. 2003, Ch. 129, Sec. 3, and K.S.A. 74-7507; implementing K.S.A. 65-6309, as amended by L. 2003, Ch. 129, Sec. 3, K.S.A. 65-6311 and 65-6314; effective, T-102-7-1-03, July 1, 2003; effective Oct. 31, 2003.)

Kan. Admin. Regs. § 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;

(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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-6309, as amended by L. 2003, Ch. 129, Sec. 3, and K.S.A. 74-7507; implementing K.S.A. 65-6309, as amended by L. 2003, Ch. 129, Sec. 3, K.S.A. 65-6311 and 65-6314; effective, T-102-7-1-03, July 1, 2003; effective Oct. 31, 2003.)

Kan. Admin. Regs. § 102-2-3 Fees

(a) Each applicant for a new social work license shall pay the appropriate application fee as follows:

(1) Licensed baccalaureate social worker (LBSW): $50;

(2) licensed master social worker (LMSW): $50;

(3) licensed specialist clinical social worker (LSCSW): $50;

(4) community-based social work license: $50;

(5) temporary candidacy baccalaureate social work license: $50;

(6) temporary candidacy baccalaureate social work license extension: $50;

(7) temporary candidacy master social work license: $50;

(8) temporary candidacy master social work license extension: $50;

(9) temporary license fee: $50;

(10) temporary permit for an out-of-state licensed independent clinical social worker: $200; and

(11) temporary permit for an out-of-state licensed independent clinical social worker extension: $200.

(b) Each applicant for an expedited application shall pay $100, in addition to the application fee of $50.

(1) Licensed baccalaureate social worker (LBSW): $100;

(2) licensed master social worker (LMSW): $150; and

(3) licensed specialist clinical social worker (LSCSW): $150.

(d) Each applicant for license renewal shall pay the applicable fee as follows:

(1) Licensed associate social worker (LASW): $50;

(2) licensed baccalaureate social worker (LBSW): $50;

(3) licensed master social worker (LMSW): $75; and

(4) licensed specialist clinical social worker (LSCSW): $100.

(e) Each applicant for a reinstatement temporary license shall pay the applicable fee as follows:

(1) Licensed baccalaureate social worker (LBSW): $50;

(2) licensed master social worker (LMSW): $50; and

(3) licensed specialist clinical social worker (LSCSW): $50.

(f) Each applicant for license reinstatement after the date of the license's expiration, if the license has been expired less than one-year, shall pay, in addition to the renewal fee, the applicable penalty fee as follows:

(1) Licensed associate social worker (LASW): $50;

(2) licensed baccalaureate social worker (LBSW): $50;

(3) licensed master social worker (LMSW): $75; and

(4) licensed specialist clinical social worker (LSCSW): $100.

(g) Each applicant for a license renewal after the license's expiration date, if the license has been expired for one-year or more, shall pay the renewal fee listed in subsection (d).

(h) The fee for a replacement license shall be $20, and the fee for a replacement wallet card license shall be $2.

(i) Each provider of continuing education programs shall pay the applicable fee as follows:

(1) One-year, provisional approved provider application fee: $100;

(2) three-year approved provider renewal fee: $250; and

(3) single-program provider fee: $50.

(j) Fees paid to the board shall not be refundable.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by 2023 Sub for SB 131, sec. 2, K.S.A. 2022 Supp. 65-6309a, K.S.A. 65-6314, as amended by 2023 Sub for SB 131, sec. 13, and K.S.A. 74-7507; implementing 2023 Sub for SB 131, sec. 2, K.S.A. 2022 Supp. 65-6309a, K.S.A. 65-6313, as amended by 2023 Sub for SB 131, sec. 12, and K.S.A. 65-6314, as amended by 2023 Sub for SB 131, sec. 13; 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; amended, T-102-7-2-07, July 2, 2007; amended Nov. 30, 2007; amended April 2, 2010; amended March 8, 2019; amended, T-102-7-17-23, July 17, 2023; amended Nov. 17, 2023.)

Kan. Admin. Regs. § 102-2-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (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.)

Kan. Admin. Regs. § 102-2-4b Continuing education approval for providers

(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 before 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 for 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;

(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 a 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 provider 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.

(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;

(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 before 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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2000 Supp. 74-7507 and 65-6314; 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.)

Kan. Admin. Regs. § 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;

(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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (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.)

Kan. Admin. Regs. § 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:

(B) is an individual whose primary professional employment is at the institution in which the program is housed; and

(2) "In residence," when used to describe a student, means that the student is completing coursework during which the student and one or more core faculty members are in face-to-face contact either in person or by synchronous, real-time videoconferencing.

(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;

(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;

(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)(B)(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

(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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507 and K.S.A. 2023 Supp. 65-6306; implementing K.S.A. 2023 Supp. 65-6306; effective May 1, 1982; amended May 1, 1987; amended Oct. 24, 1997; amended Oct. 27, 2006; amended June 21, 2024.)

Kan. Admin. Regs. § 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 a license for oneself or another by means of fraud, bribery, deceit, misrepresentation, or concealment of a material fact;

(b) except when the information has been obtained in the context of a confidential relationship, failing to notify the board, within a reasonable period of time, that any of the following conditions apply to any person regulated by the board or applying for a license or registration, including oneself:

(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, or asked to resign from employment, 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;

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

(e) having been 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 individual as a person who is 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 ability to act in 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 that is not obtained in the context of a confidential relationship, or assistance with respect to the board's investigation of any report of an alleged violation filed against oneself or any other applicant or professional who is required to be licensed or registered by the board. Each person 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 or incommensurate with one's training, education, and experience and with accepted professional standards for social work;

(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 known risks to the client;

(p) failing to inform each client or supervisee 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 manner in which the information may be used;

(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 when at least one of these conditions is met:

(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 concerning a client to a third party, except as required or permitted by law;

(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 regarding and the confidences and secrets of the client from disclosure by other persons in one's work or practice setting;

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

(x) using alcohol or illegally using 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 one's client, supervisee, or student;

(z) making sexual advances toward, engaging in physical intimacies or sexual activities with, or exercising undue influence over any person who, within the past 24 months, has been one's client;

(aa) exercising undue influence over 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 oneself 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 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 one cannot substantiate;

(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 one refuses to divulge to the board;

(hh) continuing or ordering tests, procedures, or treatments or using treatment facilities or services not warranted by the condition, best interests, or preferences of the client;

(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, and 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;

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

(9) describes the manner and process by which the professional relationship terminated;

(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 each participant is voluntary and informed; and

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

(ll) making or filing a report that one knows to be distorted, erroneous, incomplete, or misleading;

(mm) failing to notify the client promptly when termination or interruption of service to 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 and without providing reasonable notice to the employer;

(pp) failing to terminate the social work services when it is apparent that the relationship no longer serves the client's needs or best interests;

(qq) if the licensee is the owner or custodian of client records, failing to retain those records for at least two years after the date of termination of the professional relationship, unless otherwise provided by law;

(rr) failing to exercise adequate supervision over anyone with whom the licensee has a supervisory or directory 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. 38-2223, and amendments thereto, that one knows or has reason to believe that a client has been involved in harming or has harmed a child, whether by physical, mental, or emotional abuse or neglect or by sexual abuse;

(vv) failing to inform the proper authorities in accordance with K.S.A. 39-1402, and amendments thereto, that one knows or has reason to believe that any of the following circumstances apply to a resident, as defined by K.S.A. 39-1401 and amendments thereto:

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

(2) is in a condition that is the result of 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 one knows or has reason to believe that any of the following circumstances apply to an adult, as defined in K.S.A. 39-1430 and amendments thereto:

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

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

(3) is in need of protective services;

(xx) practicing social work in an incompetent manner;

(yy) practicing social work after one's license expires;

(zz) using without a license, or continuing to use after the expiration of a license, any title or abbreviation prescribed by the board for use only by persons currently holding that type or class of license;

(aaa) violating any provision of K.S.A. 65-6301 et seq., and amendments thereto, or any regulation adopted under that act;

(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 K.S.A. 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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2007 Supp. 65-6311 and K.S.A. 2007 Supp. 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; amended Dec. 19, 2008.)

Kan. Admin. Regs. § 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 supervision 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 nonlicensed individual and provide a level of supervision that is consistent with the training and ability of the nonlicensed 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 supervision 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.

(1) Social work consultation shall not meet the supervision requirements for any holder of a temporary social work license.

(2) Each licensee supervising one or more individuals who hold a temporary social work license 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) At least 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 clinical 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) To qualify as a supervisor, a licensed specialist clinical social worker shall meet these requirements:

(A) Have practiced as a specialist clinical social worker, in a position that included assessment, diagnoses, and psychotherapy, for two years beyond the date of clinical licensure. This requirement shall apply to each individual commencing a new supervisory relationship on or after April 15, 2009;

(B) have, in full or in part, professional responsibility for the supervisee's practice of social work or delivery of social work services;

(D) not be under sanction from a disciplinary proceeding, unless this prohibition is waived by the board for good cause shown by the proposed supervisor;

(E) have knowledge of and experience with the supervisee's client population;

(F) have knowledge of and experience with the methods of practice that the supervisee employs;

(G) have an understanding of the organization and administrative policies and procedures of the supervisee's practice setting; and

(H) 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.

(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) Each social work practice supervisor shall perform these duties:

(A) Meet according to K.A.R. 102-2-12(c)(4) with the supervisee for clinical supervision throughout the postgraduate supervised professional experience for at least one hour of clinical supervision for every 15 hours of direct client contact;

(B) meet with not more than six 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 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) Each supervisor and supervisee shall develop and cosign a written clinical supervision training plan at the beginning of the supervisory relationship. The supervisee shall submit an official position description and 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, as evidenced by the supervisee's official position description;

(C) a plan that describes the supervision goals and objectives, the means to attain and evaluate progress towards 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 both the supervisee's and the supervisor's documentation of the date, length, method, content, and format of each supervisory meeting and the supervisee's progress toward the learning goals;

(H) the plans for documenting the 3,000 hours of postgraduate supervised clinical social work experience, which shall include specifically documenting the 1,500 hours of direct client contact providing psychotherapy and assessment;

(I) the plan for notifying clients of the following information:

(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;

(J) a plan to address and remedy circumstances in which there is a conflict between the supervisor and the supervisee;

(K) 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 relationship by either party;

(L) the steps for amending or renegotiating the clinical supervision training plan, if warranted, including submitting written notification of these changes to the board office as specified in paragraph (d)(7); and

(M) 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) 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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 65-6303, K.S.A. 2021 Supp. 65-6306, as amended by 2022 SB 453, sec. 3, K.S.A. 65-6308, K.S.A. 2021 Supp. 65-6309, and K.S.A. 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; amended Feb. 13, 2009; amended Dec. 16, 2022.)

Kan. Admin. Regs. § 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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (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.)

Kan. Admin. Regs. § 102-2-10 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (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; revoked June 8, 2007.)

Kan. Admin. Regs. § 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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (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.)

Kan. Admin. Regs. § 102-2-11a Renewal audit

(a) A random audit of the continuing education documentation for 10 percent of the social worker licenses expiring each month shall be conducted by the board.

(b) Each licensee selected for the random audit shall be notified in writing after the board has received the social worker's renewal application form required by K.A.R. 102-2-11.

(c) Upon board notification, each renewal applicant for a social worker license shall submit the following to the board within 30 days after the license expiration date:

(1) The completed renewal audit forms; and

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

(d) Continuing education units that a renewal applicant for a social worker license earns after board receipt of the renewal application form shall not be approved for continuing education credit for the current renewal period.

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

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 74-7507; implementing K.S.A. 2007 Supp. 65-6313, K.S.A. 65-6317, and K.S.A. 2007 Supp. 74-7507; effective Feb. 13, 2009.)

Kan. Admin. Regs. § 102-2-12 Licensed specialist clinical social work licensure requirements

(a) 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 specified 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 meets the following 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 knowledge, skills, values, and ethics; and

(D) provides training and close supervision in a wide range of clinical social work practice activities with a population of clients presenting a diverse set of problems and backgrounds.

(b) Each applicant for licensure as a specialist clinical social worker who earns a degree on or after July 1, 2003 shall meet the following requirements:

(1) Satisfactory completion of 15 graduate-level credit hours supporting diagnosis or treatment of mental disorders using the "diagnostic and statistical manual of mental disorders" adopted in K.A.R. 102-2-14. Three of the 15 credit hours shall consist of a discrete academic course whose primary and explicit focus is upon psychopathology and the diagnosis and treatment of mental disorders as classified in the "diagnostic and statistical manual of mental disorders." The 15 graduate-level credit hours shall be from a social work program accredited by the council on social work education or a social work program in substantial compliance as prescribed in K.A.R. 102-2-6 and approved by the board; and

(2) completion of a graduate-level, supervised clinical practicum of professional experience that includes psychotherapy and assessment. The practicum shall integrate diagnosis and treatment of mental disorders with use of the "diagnostic and statistical manual of mental disorders" adopted in K.A.R. 102-2-14.

(1) Develop and cosign with the supervisor a clinical supervision training plan for the postgraduate supervised clinical experience required by K.S.A. 65-6306 and amendments thereto, on forms provided by the board. The applicant shall submit this plan to the board for consideration for approval before beginning clinical supervision. The clinical supervision training plan shall comply with K.A.R. 102-2-8(d). If changes or amendments to the plan occur after initial board approval, these changes or amendments shall be submitted to the board for consideration for approval;

(2) complete, in not less than two years and not more than six years, at least 3,000 hours of satisfactorily evaluated postgraduate, supervised clinical social work practice experience under the supervision of a qualified licensed specialist clinical social worker. At least 1,500 hours of the applicant's total postgraduate, supervised clinical experience shall be direct client contact conducting psychotherapy and assessments with individuals, couples, families, or groups;

(3) complete all required practice under supervision in accordance with K.A.R. 102-2-8(d); and

(4) participate in at least one hour of clinical supervision for each 15 hours of direct client contact to total 100 hours of clinical supervision. At least 50 hours of supervision shall be individual supervision. Unless extenuating circumstances are approved by the board, all supervision shall be conducted face-to-face either in person or, if confidentiality is technologically protected, by synchronous videoconferencing. There shall be at least two separate clinical supervision sessions per month, at least one of which shall be individual supervision. The supervision shall integrate the diagnosis and treatment of mental disorders with the use of the "diagnostic and statistical manual of mental disorders" adopted in K.A.R. 102-2-14.

(d) At the time of the individual's application for licensure as a specialist clinical social worker, the applicant's supervisor shall submit documentation that is satisfactory to the board and enables the board to evaluate the nature, quality, and quantity of the applicant's supervised clinical social work experience. This documentation shall include the following information:

(1) A written summary of the types of clients and situations dealt with during the supervisory sessions;

(2) a written summary that addresses the degree to which the goals and objectives of supervision have been met;

(3) a written statement and supportive documentation that describes the applicant's practice setting and provides a summary of the applicant's practice activities and responsibilities that occurred while under supervision;

(4) a statement indicating whether or not the applicant merits the public trust; and

(5) an evaluation of the applicant's supervised clinical social work experience.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2021 Supp. 65-6306, as amended by 2022 SB 453, sec. 3, K.S.A. 65-6308, and K.S.A. 74-7507; implementing K.S.A. 2021 Supp. 65-6306, as amended by 2022 SB 453, sec. 3, and K.S.A. 65-6308; effective, T-85-36, Dec. 19, 1984; effective May 1, 1985; amended May 1, 1987; amended Feb. 25, 1991; amended Oct. 24, 1997; amended Aug. 4, 2000; amended July 7, 2003; amended April 22, 2005; amended Feb. 13, 2009; amended Dec. 16, 2022.)

Kan. Admin. Regs. § 102-2-13 Licensee consult with physician when determining symptoms of mental disorders

(a) Each licensed specialist clinical social worker or licensed master social worker who has a client with symptoms of a mental disorder shall, upon the signed consent of the client, consult with the client's physician or psychiatrist, except when a client requests in writing that consultation with a physician be waived.

(b) The consult with a client's physician or psychiatrist may occur through face-to-face contact, telephonic contact, or correspondence by the licensee with the physician, the physician's assistant, or designated nursing staff. When initiating this contact, the licensee shall not be responsible for the medical professional's response, or for the client's compliance with any related intervention made by the medical professional.

(d) If a licensee is practicing in a licensed community mental health center or its affiliate, an agency of the state, or an agency licensed by the state to provide mental health, rehabilitative, or correctional services, a physician consult shall not be required beyond the procedures for medical involvement as established by the qualifying agency.

(e) If a licensee is offering services that do not include diagnosis and treatment of a mental disorder, a physician consult shall not be required.

(f) If a client requests in writing that consultation with a physician be waived, a physician consultation shall not be required if the waiver signed by the client is included in the client's record.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 1999 Supp. 65-6306, as amended by L. 1999, Ch. 117, Sec. 12; effective Aug. 4, 2000.)

Kan. Admin. Regs. § 102-2-14 Designation of referral source for use in the diagnosis and treatment of mental disorders

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-6306, K.S.A. 65-6319, and K.S.A. 74-7507; implementing K.S.A. 65-6306 and 65-6319; effective Aug. 4, 2000; amended April 22, 2005; amended March 15, 2019.)

Kan. Admin. Regs. § 102-2-15 Services rendered to individuals located in this state

Except as authorized by K.S.A. 65-6303, and amendments thereto, each person, regardless of the person's location, who engages in either of the following activities shall be deemed to be engaged in social work practice in this state and shall be required to have a license, issued by the board, to practice social work as a LBSW, a LMSW, or a LSCSW, as appropriate:

(a) performs any act included in subsection (b) of K.S.A. 65-6302, and amendments thereto, on or for one or more individuals located in this state; or

(b) represents oneself to be a social worker available to perform any act included in subsection (b) of K.S.A. 65-6302, and amendments thereto, on or for one or more individuals located in this state.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2000 Supp. 74-7507; implementing K.S.A. 65-6303, 65-6307 and K.S.A. 2000 Supp. 65-6308; effective May 11, 2001.)

Article 3 Professional Counselors; Fees

Kan. Admin. Regs. § 102-3-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 102-3-1a Definitions

Each of the following terms, as used in this article of the board's regulations, shall have the meaning specified in this regulation:

(a) "Board" means behavioral sciences regulatory board.

(b) "Client" means a person who is a direct recipient of professional counseling services.

(c) "Clinical professional counselor practice" means the professional application of professional counseling theory and methods to the treatment and prevention of psychosocial dysfunction, disability, or impairment, including behavioral, emotional, and mental disorders. Clinical professional counseling shall include the following:

(1) Assessment;

(2) diagnosis of mental disorders;

(3) planning and treatment, which may include psychotherapy and counseling;

(4) treatment intervention directed to interpersonal interactions, intrapsychic dynamics, and life management issues;

(5) consultation; and

(6) evaluation, referral, and collaboration.

(d) "Clinical supervision training plan" means a formal, written agreement that establishes the supervisory framework for postgraduate clinical experience and describes the expectations and responsibilities of the supervisor and the supervisee.

(e) "Consultation" means a voluntary, professional relationship in which the consultant offers the consultant's best advice and expertise that the consultee can either accept or reject and in which the objectives and requirements of supervision as established in K.A.R. 102-3-7a are lacking. Consultation shall not be substituted for professional counseling supervision.

(f) "Continuing education" means formally organized programs or activities that are designed to and have content intended to enhance the professional counselor's or clinical professional counselor's knowledge, skill, values, ethics, and ability to practice as a professional counselor or as a clinical professional counselor.

(g) "Direct client contact" means the provision of professional counseling services to a client or clients in an individual, family, or group format with interaction being conducted in person or remotely with real-time, two-way interactive audio, visual, or audiovisual communications, including the application of videoconferencing, in which confidentiality is protected. Interaction that includes electronic mail, instant messaging, texting, or facsimile shall not be considered direct client contact.

(h) "Dual relationship" means a professional relationship in which the objectivity or competency of the licensee is impaired or compromised because of any of the following present or previous relationships with the client or supervisee:

(1) Familial;

(2) sexual;

(3) emotional; or

(4) financial.

(i) "Extenuating circumstances" means any condition or situation 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; or

(2) the inadvisability of requiring the person to comply with the requirements of this regulation.

(j) "Job orientation" and "on-the-job training" mean a training program or presentation of information that is so specific to a particular job or employment position that it bears no generalization to any other work setting.

(k) "Malfeasance" means doing an act that a licensee should not do.

(l) "Merits the public trust" means that an applicant or licensee possesses the high standard of good moral character and fitness that is required to practice professional counseling as demonstrated by the following personal qualities:

(1) Good judgment;

(2) integrity;

(3) honesty;

(4) fairness;

(5) credibility;

(6) reliability;

(7) respect for others;

(8) respect for the laws of the state and nation;

(9) self-discipline;

(10) self-evaluation;

(11) initiative; and

(12) commitment to the professional counseling profession and its values and ethics.

(m) "Misfeasance" means the improper performance of a lawful act by a licensee.

(n) "Nonfeasance" means the omission of an act that a licensee should do.

(o) "One hour" means either of the following:

(1) One period of 50-60 continuous minutes; or

(2) two periods of 25-30 continuous minutes each.

(p) "One year of professional experience" means a total of 1,500 clock-hours of postgraduate supervised experience in professional counseling.

(q) "Practice setting" means any public or private counseling service agency or delivery system within which professional counseling is practiced or professional counseling services are delivered.

(r) "Practicum" and "internship" mean a formal component of an academic curriculum in the professional counseling program that engages the student in supervised, professional counseling practice and provides opportunities to apply classroom learning to actual practice situations in a field setting.

(s) "Professional counseling supervision" means a formal relationship between the supervisor and supervisee that promotes the development of responsibility, skill, knowledge, attitudes, and ethical standards in the practice of professional counseling.

(t) "Prior-approved continuing education" means any of the following forms of continuing education:

(1) Any single-program material that has been submitted by a provider to the board, approved by the board, and assigned a continuing education number;

(2) any program offered by a provider with approved-provider status; or

(3) academic counseling courses audited or taken for credit.

(u) "Quarter credit hour" means two-thirds of a semester hour. Quarter credit hours shall be rounded as follows:

(1) One quarter credit hour equals .7 semester hours.

(2) Two quarter credit hours equal 1.3 semester hours.

(3) Three quarter credit hours equal 2.0 semester hours.

(4) Four quarter credit hours equal 2.7 semester hours.

(5) Five quarter credit hours equal 3.3 semester hours.

(v) "Related field" means a degree program in the helping professions and may include any of the following:

(1) Education;

(2) human development and family studies;

(3) marriage and family therapy;

(4) psychology;

(5) social work; or

(6) theology.

(w) "Semester hour," as used in K.A.R. 102-3-3a, means at least 13 clock-hours of formal didactic classroom instruction that occurred over the course of an academic semester and for which the applicant received formal graduate academic credit.

(x) "Termination of the professional counseling relationship" means the end of the professional relationship resulting from any of the following:

(1) The mutual consent of the counselor and the client;

(2) the completion of counseling services;

(3) dismissal of the counselor by the client;

(4) dismissal of the client by the counselor; or

(5) the transfer of the client to another professional for active treatment or therapy with the belief that treatment will continue.

(y) "Under direction" means the formal relationship between the individual providing direction and the licensed professional counselor in which both of the following conditions are met:

(1) The directing individual provides the licensee, commensurate with the welfare of the client and the education, training, and experience of the licensee, with the following:

(A) Professional monitoring and oversight of the professional counseling services provided by the licensee;

(B) regular and periodic evaluation of treatment provided to clients by the licensee; and

(2) The licensee receiving direction provides the board with the following for each license renewal:

(A) The name, identifying information, and type of license of the directing individual;

(B) a description of the work setting and the professional counseling services conducted under direction; and

(C) documentation that direction was given, including dates, location, and length of time as verified by the directing individual.

(z) "Undue influence" means the misuse of one's professional position of confidence, trust, or authority over a client or supervisee or the taking advantage of a client's vulnerability, weakness, infirmity, or distress for either of the following reasons:

(1) To improperly influence or change the actions or decisions of a client or supervisee; or

(2) to exploit a client or supervisee for the counselor's or a third party's financial gain, personal gratification, or advantage.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-7507; effective Dec. 19, 1997; amended Aug. 4, 2000; amended Dec. 16, 2022.)

Kan. Admin. Regs. § 102-3-2 Fees

(a) Each applicant for licensure as a professional counselor or clinical professional counselor shall pay the appropriate fee or fees as follows:

(1) Application for a professional counselor license, $50;

(2) application for a clinical professional counselor license, $50;

(3) application for a board-approved clinical supervisor, $20;

(4) community-based professional counselor license, $50;

(5) original professional counselor license, $150;

(6) original license fee for a clinical professional counselor, $150;

(7) renewal of a professional counselor license, $100;

(8) renewal of a clinical professional counselor license, $125;

(9) replacement of a professional counselor or a clinical professional counselor wall certificate, $20;

(10) reinstatement of a professional counselor license that has been suspended or revoked, $100;

(11) reinstatement of a clinical professional counselor license that has been suspended or revoked, $125;

(12) reinstatement temporary license for a professional counselor, $25;

(13) reinstatement temporary license for a clinical professional counselor, $25;

(14) temporary professional counselor license, $50;

(15) temporary permit for an out-of-state licensed independent clinical professional counselor, $200; or

(16) temporary permit for an out-of-state licensed independent clinical professional counselor extension, $200.

(b)(1) Each applicant for renewal of a professional counselor license after license's expiration date, if the license has been expired for less than one year, shall pay the reinstatement fee in addition to the late renewal penalty fee of $100;

(2) Each applicant for renewal of a professional counselor after the license's expiration date, if the license has been expired for one-year or more, shall pay the renewal fee of $100.

(c)(1) Each applicant for renewal of a clinical professional counselor license after its expiration date, if the license has been expired for less than one year, shall pay the reinstatement fee in addition to the late renewal penalty fee of $125;

(2) Each applicant for renewal of a clinical professional counselor after its expiration date, if the license has been expired for one-year or more, shall pay the renewal fee of $125.

(d) Each applicant for an expedited application shall pay $100, in addition to the application fee of $50.

(e) Fees paid to the board shall not be refundable.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by 2023 Sub for SB 131, sec. 2, K.S.A. 2022 Supp. 65-5807a, K.S.A. 2022 Supp. 65-5808, as amended by 2023 Sub for SB 131, sec. 8, and K.S.A. 74-7507; implementing 2023 Sub for SB 131, sec. 2, K.S.A. 2022 Supp. 65-5804a, as amended by 2023 Sub for SB 131, sec. 5, K.S.A. 65-5807a, and 65-5808 as amended by 2023 Sub for SB 131, sec. 8; effective, T-88-45, Nov. 10, 1987; amended, T-102-11-29-90, Nov. 29, 1990; amended Jan. 21, 1991; amended Aug. 4, 1995; amended Oct. 24, 1997; amended Aug. 4, 2000; amended July 1, 2005; amended, T-102-7-2-07, July 2, 2007; amended Nov. 30, 2007; amended March 8, 2019; amended, T-102-7-17-23, July 17, 2023; amended Nov. 17, 2023.)

Kan. Admin. Regs. § 102-3-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 102-3-3a Education requirements

To qualify for licensure as a professional counselor or a clinical professional counselor, the applicant's education shall meet the applicable requirements specified in this regulation.

(a) Each of the following terms, as used in this regulation, shall have the meaning specified in this subsection:

(1) "Core faculty member" means an individual who is part of the program's teaching staff and who meets the following conditions:

(B) is an individual whose primary professional employment is at the institution in which the program is housed; and

(3) "Primary professional employment" means at least 20 hours per week of instruction, research, any other service to the institution in the course of employment, and the related administrative work.

(b) At the time of application, each applicant shall have met the following requirements:

(1) Received either a master's or a doctoral degree in counseling, or a related field, from a program that meets one of the following requirements:

(A) Is not below the accreditation standards of the council for the accreditation of counseling and related educational programs; or

(B) meets the requirements in subsections (f) and (g); and

(2) as a part of or in addition to the coursework completed for the graduate degree in counseling or a related field, completed at least 60 graduate semester hours, or the academic equivalent, of which at least 45 graduate semester hours, or the academic equivalent, shall clearly meet the coursework requirements in subsection (c).

(c) Each applicant shall have satisfactorily completed formal academic coursework that contributes to the development of a broad conceptual framework for counseling theory and practice as a basis for more advanced academic studies. This formal academic coursework shall consist of at least 45 graduate semester hours, or the academic equivalent, that are distributed across the substantive content areas provided in this subsection. None of these credit hours shall be earned through independent study courses. There shall be at least two discrete and unduplicated semester hours, or the academic equivalent, in each of the following substantive content areas:

(1) Counseling theory and practice, which shall include studies in the basic theories, principles, and techniques of counseling and their applications to professional settings;

(2) the helping relationship, which shall include studies in the philosophical bases of helping relationships and the application of the helping relationship to counseling practice, as well as an emphasis on the development of practitioner and client self-awareness;

(3) group dynamics, processes, and counseling approaches and techniques, which shall include studies in theories and types of groups, as well as descriptions of group practices, methods, dynamics, and facilitative skills;

(4) human growth and development, which shall include studies that provide a broad understanding of the nature and needs of individuals at all developmental levels and in multicultural contexts;

(5) career development and lifestyle foundations, which shall include studies in vocational theory, the relationship between career choice and lifestyle, sources of occupational and educational information, approaches to career decision-making processes, and career development exploration techniques;

(6) appraisal of individuals and studies and training in the development of a framework for understanding the individual, including methods of data gathering and interpretation, individual and group testing, and the study of individual differences;

(7) social and cultural foundations, which shall include studies in change processes, ethnicity, subcultures, families, gender issues, the changing roles of women, sexism, racism, urban and rural societies, population patterns, cultural mores, use of leisure time, and differing life patterns. These studies may come from the behavioral sciences, economics, political science, and similar disciplines;

(8) research and evaluation, which shall include studies in the areas of statistics, research design, development of research, development of program goals and objectives, and evaluation of program goals and objectives;

(9) professional orientation, which shall include studies in the goals and objectives of professional organizations, codes of ethics, legal considerations, standards of preparation and practice, certification, licensing, and the role identities of counselors and others in the helping professions; and

(10) supervised practical experience, which shall include studies in the application and practice of the theories and concepts presented in formal study. This experiential practice shall be performed under the close supervision of the instructor and on-site supervisor with the use of direct observation and the preparation and review of written case notes. Direct observation may include the use of one-way mirrors in a counseling laboratory, the use of videotaped or audiotaped sessions, or the use of synchronous videoconferencing or similar synchronous communication devices.

(d) Each applicant for licensure as a clinical professional counselor whose master's or doctoral degree is earned before July 1, 2003 shall have earned the graduate degree in accordance with subsections (b) and (c).

(e) Each applicant for licensure as a clinical professional counselor whose master's or doctoral degree is earned on or after July 1, 2003 shall meet the following education requirements:

(1) Have earned a graduate degree in accordance with subsections (b) and (c);

(2) in addition to or as a part of the academic requirements for the graduate degree, have completed 15 graduate semester credit hours, or the academic equivalent, supporting diagnosis and treatment of mental disorders using the "diagnostic and statistical manual of mental disorders" adopted in K.A.R. 102-3-15. The 15 graduate semester credit hours, or the academic equivalent, shall include both of the following:

(A) The applicant shall have satisfactorily completed two graduate semester hours, or the academic equivalent, of discrete coursework in ethics and two graduate semester hours, or the academic equivalent, of discrete coursework in psychopathology and diagnostic assessment, including the study of the latest edition of the "diagnostic and statistical manual of mental disorders" and assessment instruments that support diagnosis.

(B) The applicant shall have satisfactorily completed coursework addressing treatment approaches and interdisciplinary referral and collaboration; and

(3) Have met one of the following experience requirements:

(A) Satisfactory completion of a graduate-level, supervised clinical practicum of professional experience that includes psychotherapy and assessment. The practicum shall integrate diagnosis and treatment of mental disorders with use of the "diagnostic and statistical manual of mental disorders" adopted in K.A.R. 102-3-15 and shall include at least 280 hours of direct client contact; or

(B) completion of additional direct client contact hours providing psychotherapy and assessment as part of the postgraduate supervised experience. The experience shall consist of the number of hours that the applicant was lacking to attain 280 hours of direct client contact during the practicum. The postgraduate hours and the practicum hours completed shall total at least 280 hours. This experience shall be in addition to the 3,000 hours of postgraduate, supervised experience required for each licensed clinical professional counselor as required in K.A.R. 102-3-7a.

(f) In order to be approved by the board, each educational program in professional counseling, or a related field, shall meet the following requirements:

(1) Have established program admission requirements that are based, in part or in full, on objective measures or standardized achievement tests and measures;

(2) require an established curriculum that encompasses at least two academic years of graduate study;

(3) have clear administrative authority and primary responsibility within the program for the core and specialty areas of training in professional counseling;

(4) have an established, organized, and comprehensive sequence of study that is planned by administrators who are responsible for providing an integrated educational experience in professional counseling;

(5) engage in continuous systematic program evaluation indicating how the mission objectives and student learning outcomes are measured and met;

(6) be chaired or directed by an identifiable person who holds a doctoral degree in counseling or a related field that was earned from a regionally accredited college or university upon that person's actual completion of a formal academic training program;

(7) have an identifiable, full-time, professional faculty whose members hold earned graduate degrees in professional counseling or a related field;

(8) have an established, identifiable body of students who are formally enrolled in the program with the goal of obtaining a degree;

(9) require an appropriate practicum, internship, or field or laboratory training in professional counseling that integrates didactic learning with supervised clinical experience;

(10) conduct an ongoing, objective review and evaluation of each student's learning and progress and report this evaluation in the official student transcripts;

(11) require that at least 30 graduate semester credit hours, or the academic equivalent, of coursework be completed in residence at one institution and require that the practicum or internship be completed at the same institution; and

(12) require that the number of graduate semester hours, or the academic equivalent, delivered by adjunct faculty does not exceed the number of graduate semester hours, or the academic equivalent, delivered by core faculty members.

(g) In order for an applicant to qualify for licensure, the college or university at which the applicant completed the degree requirements for counseling or a related field shall meet these requirements:

(1) Be regionally accredited, with accreditation standards equivalent to those met by Kansas colleges and universities;

(2) document in official publications, including course catalogs and announcements, the program description and standards and the admission requirements of the professional counseling education and training program;

(3) identify and clearly describe in pertinent institutional catalogs the coursework, experiential, and other academic program requirements that must be satisfied before conferral of the graduate degree in counseling;

(4) clearly identify and specify in pertinent institutional catalogs its intent to educate and train professional counselors;

(5) have clearly established the professional counselor education program as a coherent entity within the college or university that, when the applicant's graduate degree was conferred, met the program standards in subsection (f); and

(6) have conferred the graduate degree in counseling upon the applicant's successful completion of an established and required formal program of studies.

(h) The following types of study shall not be substituted for or counted toward the coursework requirements of subsections (b), (c), (d), and (e):

(1) Academic coursework that the applicant completed as a part of or in conjunction with the undergraduate degree requirements;

(2) academic coursework that has been audited rather than graded;

(3) academic coursework for which the applicant received an incomplete or failing grade;

(4) coursework that the board determines is not closely related to the field or practice of counseling;

(5) graduate or postgraduate coursework or training provided by any college, university, institute, or training program that does not meet the requirements of subsections (f) and (g); and

(6) any continuing education, in-service activity, or on-the-job training.

(i) The following types of study may be counted toward the 60 graduate semester hours required under paragraph (b)(2):

(1) No more than six graduate semester hours of independent study that is related to the field or practice of counseling, except that independent study shall not be used to meet any of the substantive content area requirements specified in subsection (c); and

(2) no more than four graduate semester hours for thesis research and writing.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2023 Supp. 65-5804a and K.S.A. 74-7507; implementing K.S.A. 2023 Supp. 65-5804a; effective Dec. 19, 1997; amended July 19, 2002; amended Aug. 8, 2003; amended Oct. 27, 2006; amended Dec. 12, 2014; amended Dec. 16, 2022; amended June 21, 2024.)

Kan. Admin. Regs. § 102-3-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 102-3-4a Applications for licensure

(a) Each applicant for licensure as a professional counselor or clinical professional counselor shall request the appropriate licensure application forms from the director of the board.

(b) Each applicant for licensure as a professional counselor shall submit the completed application materials to the board and complete the following application procedures:

(1) Submit the full payment of the licensure application fee as provided in K.A.R. 102-3-2;

(2) submit, on board-approved forms, references from three individuals, one of whom shall have provided direct clinical supervision of the applicant's graduate program practicum or internship. If this individual is unavailable, the graduate program director or any person who has knowledge of the applicant's practicum or internship experience on the basis of the applicant's practicum or internship records shall submit the reference. Except as specified below in paragraph (b)(2)(C), each individual submitting a reference shall meet all of the following conditions:

(A) Is not related to the applicant;

(B) can address the applicant's professional conduct, competence, and merit of the public trust; and

(C) is authorized by law to practice professional counseling or to practice in a related field. However, this paragraph shall not apply to the individual specified above in paragraph (b)(2) who submits the reference if the supervisor of the practicum or internship is unavailable;

(3) arrange for the applicant's transcripts covering all applicable graduate college or university coursework to be sent directly from each academic institution to the board office. Each applicant who graduated from a college or university outside the United States also shall arrange for the applicant's transcript to be translated and evaluated for degree equivalency by a source and in a manner that are acceptable to the board; and

(4) demonstrate satisfactory completion of graduate educational requirements as specified in K.S.A. 65-5804a, and amendments thereto, and in K.A.R. 102-3-3a.

(c) Each applicant for licensure as a clinical professional counselor shall submit the completed application materials to the board and complete the following application procedures:

(1) Submit the full payment of the licensure application fee as provided in K.A.R. 102-3-2;

(2) demonstrate that the applicant is licensed by the board as a professional counselor or meets all requirements for licensure as a professional counselor;

(3) if not previously provided to the board, submit, on board-approved forms, references from three individuals, one of whom shall have provided direct clinical supervision of the applicant's graduate program practicum, internship, or post graduate work experience. If the individual who provided the clinical supervision is unavailable, the graduate program director or any person who has knowledge of the applicant's practicum, internship, or postgraduate work experience on the basis of the applicant's records shall submit the reference. At least one reference shall be from a licensed clinical professional counselor. Each individual submitting a reference shall meet all of the following conditions:

(A) Is not related to the applicant; and

(B) can address the applicant's professional conduct, competence, and merit of the public trust;

(4) if not previously provided to the board, arrange for the applicant's transcripts covering all applicable graduate college or university coursework to be sent directly from each academic institution to the board office. Each applicant who graduated from a college or university outside the United States also shall arrange for the applicant's transcript to be translated and evaluated for degree equivalency by a source and in a manner that are acceptable to the board;

(5) for persons earning a degree in professional counseling before July 1, 2003, demonstrate satisfactory completion of educational requirements as specified in K.S.A. 65-5804a, and amendments thereto, and in K.A.R. 102-3-3a, if this documentation has not been provided to the board previously;

(6) for any applicant earning a degree in professional counseling on or after July 1, 2003, demonstrate completion of graduate education requirements as specified in K.S.A. 65-5804a, and amendments thereto, and in K.A.R. 102-3-3a. If an applicant who earns a degree in professional counseling on or after July 1, 2003 has not completed the 350 hours of clinical practice required by K.S.A. 65-5804a(c)(1), and amendments thereto, as a part of a graduate-level practicum or internship, the applicant may complete this requirement through 350 hours of postgraduate, supervised experience as set out in K.A.R. 102-3-7a, in addition to the 4,000 hours of postgraduate, supervised experience required by K.S.A. 65-5804a(c)(1); and

(7) submit an attestation from the clinical supervisor that the applicant has satisfactorily completed the postgraduate supervised professional experience requirements in accordance with a clinical supervision training plan approved by the board as specified in K.A.R. 102-3-7a.

(d) The following provisions shall apply to each applicant for licensure as a professional counselor and to each applicant for licensure as a clinical professional counselor:

(1) Upon the board's determination that the applicant has met the applicable educational requirements, each applicant shall pass the appropriate, nationally administered, standardized written examination approved by the board in accordance with K.A.R. 102-3-5a.

(2) An applicant or prospective applicant shall not be given a judgment on the applicant's eligibility for licensure until the board receives all application materials and the applicant completes all application procedures.

(3) Upon notification from the board that all eligibility requirements have been satisfied, each applicant shall submit the fee as provided in K.A.R. 102-3-2 for the original, two-year licensure period.

(4)(A) If any of the following conditions applies to the applicant, the applicant's application shall expire one year from the date on which the application was submitted to the board or on the date the applicant's temporary license expires, whichever date is later, except as provided by paragraph (d)(4)(B):

(i) The applicant has not met the qualifications.

(ii) The applicant has not submitted a complete application.

(iii) The applicant has not submitted the original license fee.

(B) Any applicant whose application will expire under paragraph (d)(4)(A) may request that the application be kept open for an additional period of time not to exceed six months on the basis of extenuating circumstances. The applicant shall submit a written request to the board with a detailed explanation of the extenuating circumstances that are the basis of the applicant's request. The written request shall be submitted no later than 30 days before the application expires. If the request is approved by the board, the application shall remain open for the period of time stipulated by the board in its approval, which shall not exceed six months.

(C) Upon expiration of the application, the applicant may submit a new application, the required fee, and all supporting documents, if the applicant wishes to reapply for licensure.

(e)(1) Any applicant who is determined by the board to meet the requirements of K.S.A. 65-5804a, and amendments thereto, may be granted a temporary license if the applicant submits a written request for a temporary license on a form approved by the board and the temporary license fee as provided in K.A.R. 102-3-2. Except as provided in paragraph (e)(2), the temporary license shall remain in effect for six months.

(2) Any applicant whose six-month temporary license is due to expire may request that the temporary license remain in effect for a period of time not to exceed six months on the basis of extenuating circumstances. The applicant shall submit a written request to the board with a detailed explanation of the extenuating circumstances that are the basis of the applicant's request. The written request shall be submitted no later than 30 days before the application expires. If the request is approved by the board, the temporary license shall remain in effect for the period of time stipulated by the board in its approval, which shall not exceed six months.

(f) Any person who has been actively engaged in the practice of professional counseling as a licensed or registered professional counselor in Kansas at any time within the five years before July 1, 2000, may apply for a license as a clinical professional counselor by submitting transition application materials to the board and completing the following application procedures:

(1) Submit the completed transition application materials;

(2) submit the full payment of the licensure application fee as provided in K.A.R. 102-3-2;

(3) demonstrate that the applicant held a Kansas license or registration as a professional counselor in good standing at any time during the five years immediately before July 1, 2000;

(4) demonstrate active engagement in the practice of professional counseling at any time during the five years immediately before July 1, 2000; and

(5) demonstrate competence to diagnose and treat mental disorders by documenting completion of at least two of the three following requirements:

(A)(i) Completion of at least nine graduate semester credit hours, or their academic equivalent, as documented on the transcript, which shall address clinical theory, assessment, and treatment issues, including three semester credit hours, or their academic equivalent, addressing psychopathology; or

(ii) passage of the national clinical examination in professional counseling as specified by K.A.R. 102-3-5a at the time of taking the examination;

(B) three years of clinical practice, including at least eight hours of client contact per week for at least nine months of each year in a community mental health center or its affiliate, a state mental hospital, or any other setting in which the applicant engaged in clinical practice that included diagnosis or treatment of mental disorders; or

(C) one attestation, on a form provided by the board, from a person licensed by the board to diagnose and treat mental disorders at the independent level or a person licensed to practice medicine and surgery, that the applicant has demonstrated competence in the diagnosis and treatment of mental disorders.

(g) For purposes of this regulation, the term "extenuating circumstances" means any condition caused by events beyond a person's control that is sufficiently extreme in nature to result in either of the following:

(1) The person's inability to comply with the requirements of this regulation within the timeframes established by this regulation or K.S.A. 65-5804a, and amendments thereto; or

(2) the inadvisability of requiring the applicant to comply with the requirements of this regulation within the timeframes established by this regulation and K.S.A. 65-5804a, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2005 Supp. 74-7507; implementing K.S.A. 65-5804a, as amended by 2006 SB 470, §1, and K.S.A. 65-5808; effective Dec. 19, 1997; amended Aug. 4, 2000; amended July 19, 2002; amended Aug. 12, 2005; amended, T-102-7-5-06, July 5, 2006; amended Oct. 27, 2006.)

Kan. Admin. Regs. § 102-3-4b Application for licensure based on reciprocity

(a) Each individual who wishes to be licensed as a professional counselor or a clinical professional counselor based on reciprocity, as provided by K.S.A. 65-5807 and amendments thereto, shall submit an application for licensure in accordance with the provisions of this regulation.

(b) Each applicant for licensure as a professional counselor shall request the application forms for licensure by reciprocity from the board. Each applicant shall ensure that the application materials are submitted to the board as follows:

(1) The applicant shall submit the completed application form and shall submit payment in full of the application for a license fee, as provided in K.A.R. 102-3-2.

(2) The applicant shall forward to the licensing agency for the jurisdiction in which the applicant is currently licensed, certified, or registered as a professional counselor a form provided by the board on which the licensing agency is to provide the following documentation:

(A) Verification that the applicant currently holds a valid license, registration, or certification to practice professional counseling issued by the licensing agency;

(B) the date on which the applicant was initially licensed, registered, or certified as a professional counselor by the licensing agency and a complete history of each subsequent renewal, reinstatement, and lapse in licensure, registration, or certification. If an applicant is seeking licensure based on reciprocity under the provisions of paragraph (a)(2) of K.S.A. 65-5807 and amendments thereto, the applicant shall ensure that documentation covering the five continuous years of licensure, registration, or certification as a professional counselor that immediately precede the date of the application is submitted to the board by the licensing agency for each jurisdiction in which the applicant was licensed, registered, or certified during that five-year period;

(D) either verification that the standards for licensure, certification, or registration as a professional counselor in that jurisdiction are substantially equivalent to the standards in Kansas or verification that the applicant has earned a master's degree in professional counseling, the date on which the applicant earned the degree, and the name of the university or college granting the degree.

The completed form shall be returned to the board by the licensing agency and shall not be forwarded to the applicant.

(3) If the applicant is seeking licensure based on reciprocity under the provisions of paragraph (a)(2) of K.S.A. 65-5807, and amendments thereto, rather than on the basis that the standards for licensure, registration, or certification are substantially equivalent to the standards for licensure as a professional counselor in Kansas, the applicant shall ensure that following additional documentation is submitted:

(A) An attestation by the applicant that the applicant engaged in the professional practice of professional counseling an average of at least 15 hours per week for nine months during each of the five years immediately preceding the date of application for licensure based on reciprocity; and

(B) if the licensing agency does not provide verification that the applicant holds a master's degree in professional counseling, an original transcript sent directly from the university or college granting the degree that identifies all applicable graduate coursework and the date on which the applicant was granted a master's degree in professional counseling.

(c) In addition to complying with the requirements of subsection (b), each applicant for licensure as a clinical professional counselor shall demonstrate competence to diagnose and treat mental disorders by submitting at least two of the following three forms of documentation:

(i) Two graduate semester hours of discrete coursework in ethics;

(ii) two graduate semester hours of discrete coursework in psychopathology and diagnostic assessment, including the study of the latest edition of the "diagnostic and statistical manual of mental disorders" and of assessment instruments that support diagnosis; and

(iii) coursework that addresses interdisciplinary referrals, interdisciplinary collaborations, and treatment approaches; or

(B) verification from either the licensing agency or the testing service that the applicant passed a national clinical examination approved by the board, including the applicant's score on the exam and the passing score established for the exam;

(2) one or both of the following types of documentation, which shall cover periods of time totaling at least three years:

(3) an attestation that the applicant has demonstrated competence in diagnosis or treatment of mental disorders and that is signed by a professional licensed to practice medicine and surgery, or by a professional licensed psychologist, a licensed specialist clinical social worker, or another professional licensed to diagnose and treat mental disorders in independent practice.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5807, as amended by L. 2003, Ch. 129, Sec. 2, and K.S.A. 74-7507; implementing K.S.A. 65-5807, as amended by L. 2003, Ch. 129, Sec. 2, K.S.A. 65-5808 and 65-5809; effective, T-102-7-1-03, July 1, 2003; effective Oct. 31, 2003.)

Kan. Admin. Regs. § 102-3-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 102-3-5a Examinations

(a)(1) An applicant for licensure as a professional counselor shall take a nationally administered, standardized written examination approved by the board. The minimum passing score shall be the criterion-referenced cutoff score.

(2) The applicant's required written examination may be waived by the board if the applicant has successfully passed a nationally administered, standardized written examination deemed by the board to be substantially equivalent to the examination used in this state and if the applicant obtained a score equal to or greater than the criterion-referenced cutoff score.

(3) An applicant shall not be authorized to register for the examination or to qualify for a waiver of the examination until the applicant has fulfilled all educational requirements and has satisfied the board that the applicant merits the public trust.

(b)(1) An applicant for licensure as a clinical professional counselor shall take a nationally administered, standardized written clinical examination approved by the board. The minimum passing score shall be the criterion-referenced cutoff score.

(2) The applicant's required written clinical examination may be waived by the board if the applicant has successfully passed a standardized written examination deemed by the board to be substantially equivalent to the examination used in this state and if the applicant obtained a score equal to or greater than the criterion-referenced cutoff score.

(3) An applicant shall not be authorized to register for the clinical examination or to qualify for a waiver of the examination until the applicant has fulfilled all educational requirements and has satisfied the board that the applicant merits the public trust.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 1999 Supp. 65-5804, as amended by L. 1999, Ch. 117, Sec. 3; effective Dec. 19, 1997; amended Aug. 4, 2000.)

Kan. Admin. Regs. § 102-3-6 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 102-3-6a Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1996 Supp. 74-7507; implementing K.S.A. 1996 Supp. 65-5808 and 65-5811; effective Dec. 19, 1997; revoked July 19, 2002.)

Kan. Admin. Regs. § 102-3-7 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 102-3-7a Postgraduate supervised professional experience requirement to be licensed as a clinical professional counselor

In order to be approved by the board for licensure as a clinical professional counselor, the applicant's postgraduate supervised professional experience of professional counseling, totaling 3,000 hours of professional experience inclusive of 1,500 hours of direct client contact, shall meet all of the following requirements:

(a) Except as provided in subsection (b), one hour of clinical supervision shall be provided throughout the entirety of the postgraduate supervised professional experience for each 15 hours of direct client contact. Unless extenuating circumstances are approved by the board, all supervision shall be conducted face-to-face either in person or, if confidentiality is technologically protected, by synchronous videoconferencing, specified as follows:

(1) At least 50 hours of individual supervision occurring with the supervisor and supervisee;

(2) up to 50 hours of group supervision with one supervisor and no more than six supervisees; and

(3) meet for at least one hour at least twice per month, at least one of which shall be individual supervision.

(b) Each applicant with a doctor's degree in professional counseling shall complete at least one-half of the postgraduate supervised professional experience requirements as follows:

(1) At least 25 hours of individual supervision occurring with the supervisor and supervisee;

(2) up to 25 hours of group supervision with one supervisor and no more than six supervisees; and

(3) at least two separate supervisory sessions per month, one of which shall be individual supervision.

(c) The clinical supervisor of a person attaining the 3,000 hours of postgraduate supervised professional experience required for licensure as a clinical professional counselor, at the time of providing supervision, shall be a board-approved clinical supervisor and shall meet one of the following provisions:

(1) The clinical supervisor shall be a clinical professional counselor who is licensed in Kansas or is registered or licensed in another jurisdiction and who has practiced as a clinical professional counselor for two years beyond the supervisor's licensure date.

(2) If a licensed clinical professional counselor is not available, the clinical supervisor may be a person who is qualified by educational coursework and degree for licensure as a clinical professional counselor in Kansas and who has at least five years of postgraduate professional experience in clinical professional counseling.

(3) Under extenuating circumstances approved by the board, the clinical supervisor may be a person who is licensed at the graduate level to practice in one of the behavioral sciences and whose authorized scope of practice permits the independent practice of counseling, therapy, or psychotherapy. The qualifying individual shall not have had less than two years of clinical practice beyond the qualifying licensure date when the individual provided the clinical supervision.

(d) In addition to the requirements of subsection (c), each clinical supervisor shall meet these requirements:

(1) Have professional authority over and responsibility for the supervisee's clinical functioning in the practice of professional counseling;

(2) not have a dual relationship with the supervisee;

(3) not be under any sanction from a disciplinary proceeding, unless this prohibition is waived by the board for good cause shown by the proposed supervisor;

(4) have knowledge of and experience with the supervisee's client population;

(5) have knowledge of and experience with the methods of practice that the supervisee employs;

(6) have an understanding of the organization and the administrative policies and procedures of the supervisee's practice setting; and

(7) be a staff member of the supervisee's practice setting or meet the requirements of subsection (e).

(e) If a qualified clinical supervisor is not available from among staff in the supervisee's practice setting, the supervisee may secure an otherwise qualified clinical supervisor outside the practice setting if all of the following conditions are met:

(1) The supervisor has a solid understanding of the practice setting's mission, policies, and procedures.

(2) The extent of the supervisor's responsibility for the supervisee is clearly defined in terms of client cases to be supervised, role in personnel evaluation within the practice setting, and other aspects of the clinical supervision training plan.

(3) The responsibility for payment for supervision is clearly defined.

(4) If the supervisee pays the supervisor directly for the supervision, the supervisor maintains responsibility to the client and to the practice setting.

(f) Each professional counseling clinical supervisor shall perform the following duties:

(1) Provide oversight, guidance, and direction of the supervisee's clinical practice of professional counseling by assessing and evaluating the supervisee's performance;

(2) conduct supervision as a process distinct from personal therapy, didactic instruction, or professional counseling consultation;

(3) provide documentation of supervisory qualifications to the supervisee;

(4) periodically evaluate the supervisee's clinical functioning;

(5) provide supervision in accordance with the clinical supervision training plan;

(6) maintain documentation of supervision in accordance with the clinical supervision training plan;

(7) provide the documentation required by the board when a supervisee completes the postgraduate supervised professional experience. The supervisor shall submit this documentation on board-approved forms and in a manner that will enable the board to evaluate the extent and quality of the supervisee's professional experience and assign credit for that experience;

(8) provide a level of supervision that is commensurate with the education, training, experience, and ability of both the supervisor and the supervisee; and

(9) ensure that each client knows that the supervisee is practicing professional counseling under supervision.

(g) Each supervisor and supervisee shall develop and cosign a written clinical supervision training plan on forms provided by the board at the beginning of the supervisory relationship. The supervisee shall submit this plan to the board and shall receive board approval of the plan before any supervised professional experience hours can begin to accrue. This plan shall clearly define and delineate the following items:

(1) The supervisory context;

(2) a summary of the anticipated types of clients and the services to be provided;

(3) the format and schedule of supervision;

(4) a plan for documenting the following information:

(A) The date of each supervisory meeting;

(B) the length of each supervisory meeting;

(D) a designation of each supervisory meeting as conducted in the same physical space or otherwise, in the case of emergency; and

(E) an evaluation of the supervisee's progress under clinical supervision;

(5) a plan for notifying clients of the following information:

(A) The fact that the supervisee is practicing professional counseling under supervision;

(B) the limits of client confidentiality within the supervisory process; and

(6) the date on which the parties entered into the clinical supervision training plan and the time frame that the plan is intended to encompass;

(7) an agreement to amend or renegotiate the terms of the clinical supervision training plan, if warranted, including written notification of these changes to the board office, as provided in subsection (h);

(8) the supervisee's informed consent for the supervisor to discuss supervision or performance issues with the supervisee's clients, the supervisee's other professional counseling or employment supervisors, the board, or any other individual or entity to which either the supervisee or the supervisor is professionally accountable; and

(9) a statement signed by each supervisor and supervisee acknowledging that each person has read and agrees to the postgraduate supervised professional experience requirements specified in this regulation.

(h) All changes to the clinical supervision training plan shall be submitted by the supervisee to the board for its approval. The changes shall be submitted no more than 45 days after the date on which the changes took effect. If the supervisee fails to submit the changes to the board within that 45-day period, no supervised hours of practice shall be accrued or credited for any practice, beginning on the date the changes took effect through the date on which the changes to the plan are approved by the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 2021 Supp. 65-5804a; effective April 17, 1998; amended Aug. 4, 2000; amended July 7, 2003; amended Aug. 13, 2004; amended Dec. 16, 2022.)

Kan. Admin. Regs. § 102-3-7b Requirements for board-approved clinical supervisor; application

(a) Each licensee providing postgraduate clinical supervision shall be a board-approved clinical supervisor. This requirement shall apply to each individual commencing a new supervisory relationship on or after July 1, 2017.

(b) In addition to meeting the requirements in K.S.A. 2016 Supp. 65-5818 and amendments thereto and K.A.R. 102-3-7a, the licensee shall successfully complete clinical supervision training, which shall be approved by the board and be specific to providing supervision or becoming a supervisor. This training shall include either 15 hours of continuing education in supervision taken within the last six years or one semester credit hour of a graduate-level course on supervision or the academic equivalent at an accredited college or university approved by the board, each of which shall cover the following material:

(1) Roles in and functions of clinical supervision;

(2) models of clinical supervision;

(3) mental health-related professional development;

(4) methods and techniques in clinical supervision;

(5) supervisory relationship issues;

(6) cultural issues in clinical supervision;

(7) group supervision;

(8) legal and ethical issues in clinical supervision; and

(9) evaluation of supervisee competence and the supervision process.

(c) Each licensee applying for approval as a clinical supervisor shall obtain the appropriate application forms from the board and submit the completed application materials to the board.

(d) To maintain approval as a clinical supervisor, each approved clinical supervisor shall successfully complete the required continuing education specified in K.S.A. 2016 Supp. 65-5818, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2016 Supp. 74-7507; implementing K.S.A. 2016 Supp. 65-5818; effective, T-102-5-24-17, May 24, 2017; effective Oct. 6, 2017.)

Kan. Admin. Regs. § 102-3-8 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 102-3-8a Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1996 Supp. 74-7507; implementing K.S.A. 1996 Supp. 65-5806 and 65-5809; effective Dec. 19, 1997; revoked June 8, 2007.)

Kan. Admin. Regs. § 102-3-9 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 102-3-9a Renewal and reinstatement

(a) To be considered for license renewal, each licensed professional counselor and licensed clinical professional counselor shall submit to the board the following items:

(1) A completed renewal application;

(2) the continuing education reporting form; and

(3) the renewal fee prescribed in K.A.R. 102-3-2.

(b) If the application for renewal, the continuing education reporting form, and payment of the required fee are not submitted before the date the license expires, the license may be reinstated upon payment of the required renewal fee, plus the late charge set forth in K.A.R. 102-3-2, and submitting proof satisfactory to the board that the applicant has complied with the continuing education requirements.

(c) Each individual who holds a professional counselor license or clinical professional counselor license but who fails to renew the license before its expiration, and who thereafter applies for renewal of the license, shall indicate on the reinstatement application form whether the individual has continued to engage in the practice of professional counseling in Kansas, or has continued to represent that individual in Kansas as a licensed professional counselor or a licensed clinical professional counselor after the expiration of the license and, if so, under what circumstances.

(d) If the license of any individual has been suspended and the individual thereafter makes an application to renew or reinstate the license, the individual shall submit the following:

(1) A completed reinstatement application on forms approved by the board;

(2) the required renewal fee and, if applicable, the late charge set forth in K.A.R. 102-3-2;

(3) proof satisfactory to the board that the applicant has complied with the continuing education requirements;

(4) proof satisfactory to the board that the applicant has complied with the terms of the suspension; and

(5) any materials, information, evaluation or examination reports, or other documentation that the board may request that will enable the board to satisfactorily evaluate and determine whether or not the license should be renewed or reinstated. An applicant's license may be renewed or reinstated after the board considers the following factors:

(A) The extent to which the individual presently merits the public trust;

(B) the individual's demonstrated consciousness of the wrongful conduct that resulted in the license suspension;

(C) the extent of the individual's remediation and rehabilitation in regard to the wrongful conduct that resulted in the license suspension;

(D) the nature and seriousness of the original misconduct;

(E) the individual's conduct after the license suspension;

(F) the time elapsed since the license suspension; and

(G) the individual's present competence in professional counseling knowledge and skills.

(e) If the license of any individual has been revoked and the individual thereafter makes an application to reinstate the revoked license, the individual shall submit the following:

(1) A completed reinstatement application on forms approved by the board;

(2) the required renewal fee and the late charge set forth in K.A.R. 102-3-2;

(3) proof satisfactory to the board that the applicant has complied with the continuing education requirements; and

(4) materials, information, evaluation or examination reports, or other documentation that will enable the board to satisfactorily evaluate and determine whether or not to reinstate the license. Factors to be considered by the board in determining whether or not to reinstate the license shall include the following:

(A) The extent to which the individual presently merits the public trust;

(B) the individual's demonstrated consciousness of the wrongful conduct that resulted in revocation of the license;

(C) the extent of the individual's remediation and rehabilitation in regard to the wrongful conduct that resulted in revocation of the license;

(D) the nature and seriousness of the original misconduct;

(E) the individual's conduct after the license revocation;

(F) the time elapsed since the license revocation; and

(G) the individual's present competence in professional counseling knowledge and skills.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 65-5803, 65-5806, and 65-5808; effective Dec. 19, 1997; amended July 11, 2003.)

Kan. Admin. Regs. § 102-3-9b Renewal audit

(a) A random audit of the continuing education documentation for 10 percent of the professional counselor licenses and the clinical professional counselor licenses expiring each month shall be conducted by the board.

(b) Each licensee selected for the random audit shall be notified in writing after the board has received the licensee's renewal application form required by K.A.R. l02-3-9a.

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

(1) The completed renewal audit forms; and

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

(d) Continuing education units that a renewal applicant earns after board receipt of the renewal application form shall not be approved for continuing education credit for the current renewal period.

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

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 102-3-10 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 102-3-10a Continuing education for licensees

(a) Each licensee shall complete 30 hours of documented and approved continuing education oriented to the enhancement of a professional counselor's practice, values, ethics, skills, or knowledge during each two-year renewal period. Continuing education hours accumulated in excess of the requirement shall not be carried over to the next renewal period.

(b) During each two-year renewal period and as a part of the required continuing education hours, each licensee shall complete three hours of professional ethics and six hours related to the diagnosis and treatment of mental disorders.

(c) One hour of continuing education credit shall consist of at least 50 minutes of classroom instruction between instructor and participant or a minimum of an actual hour of other types of acceptable continuing education experiences listed in subsection (d). One-quarter hour of continuing education credit may be granted for each 15 minutes of acceptable continuing education. Credit shall not be granted for fewer than 15 minutes.

(d) Acceptable continuing education, whether taken within the state or outside the state, shall include the following:

(1) An academic professional counseling course, or an academic course oriented to the enhancement of professional counselor's practice, values, ethics, skills, or knowledge, that is taken for academic credit. Each licensee shall be granted 15 continuing education hours for each academic credit hour that the licensee successfully completes. The maximum number of allowable continuing education hours shall be 30;

(2) an academic professional counseling course, or an academic course oriented to the enhancement of a professional counselor's practice, values, ethics, skills, or knowledge, that is audited. Each licensee may receive continuing education credit on the basis of the actual contact time that the licensee spends attending the course, up to a maximum of 15 hours per academic credit hour. The maximum numbers of allowable continuing education hours shall be 30;

(3) a seminar, institute, workshop, course, or minicourse. The maximum number of allowable continuing education hours shall be 30;

(6) a cross-disciplinary offering in medicine, law, the behavioral sciences, a foreign or sign language, computer science, professional or technical writing, business administration, management sciences, or any other discipline if the offering is clearly related to the enhancement of a professional counselor's practice, values, ethics, skills, or knowledge. The maximum number of allowable continuing education hours shall be 10;

(7) a self-directed learning project preapproved by the board. The maximum number of allowable continuing education hours shall be 10;

(8) providing supervision to graduate practicum or intern students, applicants for licensure as clinical professional counselors, or other clinical mental health practitioners. The maximum number of allowable continuing education hours shall be 10;

(9) the first-time preparation and presentation of a professional counseling course, seminar, institute, workshop, or mini-course. The maximum number of allowable continuing education hours shall be 10 for documented preparation and presentation time;

(10) the first-time publication of a professional counseling article in a juried professional journal. The maximum number of allowable continuing education hours shall be 10; and

(11) participation in professional organizations or appointment to professional credentialing boards, if the goals of the organizations or boards are clearly related to the enhancement of professional counseling practice, values, ethics, skills, and knowledge. Participation may include holding office or serving on committees of the organization or board. The maximum number of allowable continuing education hours shall be 10.

(e) Continuing education credit approval shall not be granted for identical programs if the programs are completed within the same renewal period.

(f) Continuing education credit shall not be granted for the following:

(1) First aid, CPR, infection control, or occupational health and safety courses;

(2) in-service training, if the training is for job orientation or job training, or is specific to the employing agency; or

(3) any activity for which the licensee cannot demonstrate to the board's satisfaction that the program's goals and objectives are to enhance the licensee's practice, values, ethics, skills, or knowledge in professional counseling.

(g) Each licensee shall maintain individual, original continuing education records. These records shall document the licensee's continuing education activity attendance, participation, or completion as specified in K.A.R. 102-3-11a. Any licensee may be required to submit these records to the board at least 30 days before the expiration date of each current licensure period.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 65-5806 and 74-7507; effective Dec. 19, 1997; amended July 11, 2003.)

Kan. Admin. Regs. § 102-3-11 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 102-3-11a Documentation for continuing education

Any of the following original, signed forms of documentation shall be accepted as proof of completion of a continuing education activity: (a) A passing course grade for an academic credit course;

(b) a signed statement, by the instructor, of actual hours attended for an audited academic course;

(d) a copy of the article or book chapter and verification of publication or written presentation at a professional meeting. These materials shall be submitted to the board for evaluation and certification or the number of hours of continuing education credit to be granted;

(e) a copy of the academic course syllabus and verification that the course was presented;

(f) a copy of a letter from the presentation sponsor or a copy of the brochure announcing the licensee as the presenter, the agenda of the presentation, and verification that the workshop, seminar, or program was presented;

(g) a letter from the board giving approval for retroactive continuing education credit;

(h) written verification from the university practicum or intern instructor or other official training director that the licensee supervised undergraduate or graduate students or from the supervisee that the licensee provided supervision;

(i) a copy of the self-directed project. This copy shall be submitted to the board for evaluation and certification of the number of continuing education credit hours to be granted; or

(j) the media format, content title, presenter or sponsor, content description, run time, and activity date when videotapes, audiotapes, computerized interactive learning modules, or telecasts were utilized for continuing education purposes.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1996 Supp. 74-7507; implementing K.S.A. 1996 Supp. 65-5806; effective Dec. 19, 1997.)

Kan. Admin. Regs. § 102-3-12 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 102-3-12a Unprofessional conduct

(a) Any license may be suspended, limited, conditioned, qualified, restricted, revoked, not issued, or not renewed upon a finding of unprofessional conduct.

(b) Any of the following acts by a licensed professional counselor, a licensed clinical professional counselor, or an applicant for a professional counselor license or a clinical professional counselor license shall constitute unprofessional conduct:

(1) Obtaining or attempting to obtain a license or registration for oneself or another by means of fraud, bribery, deceit, misrepresentation, or concealment of a material fact;

(2) except when the information has been obtained in the context of confidentiality, failing to notify the board, within a reasonable period of time, that any of the following circumstances apply to any person regulated by the board or applying for a license or registration, including oneself:

(A) Had a professional license, certificate, permit, registration, certification, or professional membership granted by any jurisdiction, professional association, or professional organization that has been limited, conditioned, qualified, restricted, suspended, revoked, refused, voluntarily surrendered, or allowed to expire in lieu of or during investigatory or disciplinary proceedings;

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

(C) has been demoted, terminated, suspended, reassigned, or asked to resign from employment, or has resigned from employment, for some form of misfeasance, malfeasance, or nonfeasance;

(D) has been convicted of a crime; or

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

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

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

(5) having been convicted of a crime resulting from or relating to the licensee's professional practice of professional counseling or clinical professional counseling;

(6) furthering the licensure or registration application of another person who is known or reasonably believed to be unqualified with respect to character, education, or other relevant eligibility requirements;

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

(8) failing to recognize, seek intervention, and otherwise appropriately respond when one's own personal problems, psychosocial distress, or mental health difficulties interfere with or negatively impact professional judgment, professional performance and functioning, or the ability to act in the client's best interests;

(9) failing or refusing to cooperate in a timely manner with any request from the board for a response, information, or assistance with respect to the board's investigation of any report of an alleged violation filed against oneself or any other applicant or professional who is required to be licensed or registered by the board. Any person taking longer than 30 days to provide the requested response, information, or assistance shall have the burden of demonstrating that the person has acted in a timely manner;

(10) offering to perform or performing professional counseling, assessments, consultations, or referrals clearly inconsistent or incommensurate with one's training, education or experience or with accepted professional standards;

(11) treating any client, student, directee, or supervisee in a cruel manner;

(12) discriminating against any client, student, directee, or supervisee on the basis of color, race, gender, religion, national origin, or disability;

(13) failing to advise and explain to each client the respective rights, responsibilities, and duties involved in the professional counseling relationship;

(14) failing to provide each client with a description of what the client can expect in the way of services, consultation, reports, fees, billing, and therapeutic regimen or schedule, or failing to reasonably comply with the description;

(15) failing to provide each client with a description of the possible effects of the proposed treatment when the treatment is experimental or when there are clear and known risks to the client;

(16) failing to inform each client, student, directee, or supervisee of any financial interests that might accrue to the professional counselor or clinical professional counselor from a referral to any other service or from using any tests, books, or apparatus;

(17) failing to inform each client that the client is entitled to the same services from a public agency if the professional counselor or clinical professional counselor is employed by that public agency and also offers services privately;

(18) failing to inform each client, student, directee, or supervisee of the limits of client confidentiality, the purposes for which the information is obtained, and the manner in which the information may be used;

(19) revealing information, a confidence, or a secret of any client, or failing to protect the confidences, secrets, or information contained in a client's records, except when at least one of these conditions is met:

(A) Disclosure is required or permitted by law;

(B) failure to disclose the information presents a clear and present danger to the health or safety of an individual or the public; or

(C) the professional counselor or clinical professional counselor is a party to a civil, criminal, or disciplinary investigation or action arising from the practice of professional counseling or clinical professional counseling, in which case disclosure is limited to that action;

(20) failing to obtain written, informed consent from each client, or the client's legal representative or representatives, before performing any of these actions:

(A) Electronically recording sessions with that client;

(B) permitting a third-party observation of their activities; or

(21) failing to protect confidences of, secrets of, or information concerning other persons when providing a client with access to that client's records;

(22) failing to exercise due diligence in protecting the information regarding and the confidences and secrets of the client from disclosure by other persons in one's work or practice setting;

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

(24) using alcohol or illegally using a controlled substance while performing the duties or services of a professional counselor or clinical professional counselor;

(25) making sexual advances toward or engaging in physical intimacies or sexual activities with one's client, student, directee, or supervisee;

(26) making sexual advances toward, engaging in physical intimacies or sexual activities with, or exercising undue influence over any person who, within the past 24 months, has been one's client;

(27) exercising undue influence over any client, student, directee, or supervisee, including promoting sales of services or goods, in a manner that will exploit the client, student, directee, or supervisee for the financial gain, personal gratification, or advantage of oneself or a third party;

(28) directly or indirectly offering or giving to a third party or soliciting, receiving, or agreeing to receive from a third party any fee or other consideration for the referral of the client or in connection with performing professional counselor or clinical professional counselor services;

(29) permitting any person to share in the fees for professional services, other than a partner, employee, associate in a professional firm, or consultant authorized to practice as a professional counselor or clinical professional counselor;

(30) soliciting or assuming professional responsibility for clients of another agency or colleague without attempting to coordinate continuity of client services with that agency or colleague;

(31) making claims of professional superiority that one cannot substantiate;

(32) guaranteeing that satisfaction or a cure will result from the performance of professional services;

(33) claiming or using any secret or special method of treatment or techniques that one refuses to disclose to the board;

(34) continuing or ordering tests, procedures, or treatments or using treatment facilities or services not warranted by the condition, best interests, or preferences of the client;

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

(A) Contains adequate identification of the client;

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

(D) summarizes the interventions, treatments, tests, procedures, and services that were obtained, performed, ordered, or recommended and the findings and results of each;

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

(F) is legible;

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

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

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

(36) taking credit for work not personally performed, whether by giving inaccurate or misleading information or failing to disclose accurate or material information;

(37) if engaged in research, failing to fulfill these requirements:

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

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

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

(38) making or filing a report that one knows to be false, distorted, erroneous, incomplete, or misleading;

(39) failing to notify the client promptly when termination or interruption of service to the client is anticipated;

(40) failing to seek continuation of service, or abandoning or neglecting a client under or in need of professional care, without making reasonable arrangements for that care;

(41) abandoning employment under circumstances that seriously impair the delivery of professional care to clients and without providing reasonable notice to the employer;

(42) failing to terminate the professional counseling or clinical professional counseling services when it is apparent that the relationship no longer serves the client's needs or best interests;

(43) if the professional counselor or clinical professional counselor is the owner or custodian of client records, failing to retain these records for at least five years after the date of termination of the professional relationship, unless otherwise provided by law;

(44) supervising or directing in a negligent manner anyone for whom one has supervisory or directory responsibility;

(45) failing to inform a client if professional counseling services are provided or delivered under supervision or direction;

(46) engaging in a dual relationship with a client, student, or supervisee;

(47) failing to inform the proper authorities as provided in K.S.A. 38-2223, and amendments thereto, that one knows or has reason to believe that a client has been involved in harming or has harmed a child, whether by physical, mental, or emotional abuse or neglect or by sexual abuse;

(48) failing to inform the proper authorities as required by K.S.A. 39-1402, and amendments thereto, that one knows or has reason to believe that any of the following circumstances apply to a resident, as defined by K.S.A. 39-1401(a) and amendments thereto:

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

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

(49) failing to inform the proper authorities as required by K.S.A. 39-1431, and amendments thereto, that one knows or has reason to believe that any of the following circumstances apply to an adult, as defined in K.S.A. 39-1430 and amendments thereto:

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

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

(50) intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing the filing of a report or record required by state or federal law, or inducing another person to take any of those actions;

(51) offering to perform or performing any service, procedure, or therapy that, by the accepted standards of professional counseling or clinical professional counseling practice in the community, would constitute experimentation on human subjects without first obtaining the full, informed, and voluntary written consent of the client or the client's legal representative or representatives;

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

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

(54) using without a license, or continuing to use after the expiration of a license, any title or abbreviation prescribed by law for use solely by persons currently holding that type or class of license;

(55) diagnosing or treating any client who a professional counselor practicing under direction or a clinical professional counselor has reason to believe is suffering from a mental illness or disease, as opposed to a mental disorder; or

(56) violating any provision of this act or any regulation adopted under it.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 65-5809 and 74-7507; implementing K.S.A. 2007 Supp. 65-5809; effective Dec. 19, 1997; amended July 19, 2002; amended Jan. 9, 2004; amended Aug. 8, 2008.)

Kan. Admin. Regs. § 102-3-13 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

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

Kan. Admin. Regs. § 102-3-14 Licensee consult with physician when determining symptoms of mental disorders

(a) "Consult," as used in K.S.A. 65-5804 and amendments thereto, shall be defined as contact made by the licensee with the appropriate medical professional for the purpose of promoting a collaborative approach to the client's care and informing the medical professional of the client's symptoms. This contact shall not be intended to accomplish confirmation of diagnosis. The timing of any such action by the licensee shall be managed in a way that enhances the progress of assessment, diagnosis, and treatment. This consult may or may not be completed in the initial session of service delivery.

(b) A consult with a client's physician or psychiatrist may occur through face-to-face contact, telephonic contact, or correspondence by the licensee with the physician, the physician's assistant, or designated nursing staff. When initiating this contact, the licensee shall not be responsible for the medical professional's response or for the client's compliance with any related intervention made by the medical professional.

(d) A physician consult shall not be required beyond the procedures for medical involvement as established by the qualifying agency if a licensee is practicing in any of the following:

(1) A licensed community mental health center or its affiliate;

(2) an agency of the state that provides mental health, rehabilitative, or correctional services; or

(3) an agency licensed by the state for providing mental health, rehabilitative, or correctional services.

(e) If a licensee is offering services that do not include diagnosis and treatment of a mental disorder, a physician consult shall not be required.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 1999 Supp. 65-5804, as amended by L. 1999, Ch. 117, Sec. 3; effective Aug. 4, 2000.)

Kan. Admin. Regs. § 102-3-15 Designation of referral source for use in the diagnosis and treatment of mental disorders

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5802, K.S.A. 65-5804a, and K.S.A. 74-7507; implementing K.S.A. 65-5804a; effective Aug. 4, 2000; amended April 22, 2005; amended March 15, 2019.)

Kan. Admin. Regs. § 102-3-16 Services rendered to individuals located in this state

Except as authorized by K.S.A. 65-5807 and K.S.A. 65-5812, and amendments thereto, each person, regardless of the person's location, who engages in either of the following activities shall be deemed to be engaged in the practice of professional counseling in this state and shall be required to have a license, issued by the board, to practice professional counseling or clinical professional counseling as a licensed professional counselor or a licensed clinical professional counselor, as appropriate:

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

(b) represents oneself to be a licensed professional counselor or a licensed clinical professional counselor available to perform any act included in subsection (b) of K.S.A. 65-5802, and amendments thereto, on or for one or more individuals located in this state.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 65-5803, as amended by L. 1999, Ch. 117, § 2; effective May 11, 2001.)

Kan. Admin. Regs. § 102-3-17 Definition of "day"

102-3-17. Definition of "day." For purposes of determining whether or not a non-resident individual has engaged in the practice of professional counseling activities or services within this state for more than the 30-day threshold in K.S.A. 65-5812 and amendments thereto, any professional counseling activities or services rendered within any 24-hour period shall count as one day of professional counseling activities and services.

***** Authenticated Kansas Administrative Regulation *****

History

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

Article 4 Master's Level Psychologists

Kan. Admin. Regs. § 102-4-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-5370; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; amended May 30, 1995; revoked Dec. 19, 1997.)

Kan. Admin. Regs. § 102-4-1a Definitions

Each of the following terms, as used in this article of the board's regulations, shall have the meaning specified in this regulation:

(a) "Academic equivalent," as used in K.A.R. 102-4-3a, means the proportionate credit awarded for formal academic coursework when this coursework is completed on the basis of trimester credit hours or quarter credit hours rather than semester credit hours.

(b) "Alternate psychology supervisor" means a person who is not licensed or registered as a psychologist in the state or jurisdiction where the supervision occurred, but who meets all of the following alternate qualifications:

(1) The supervisor has received a graduate degree in psychology.

(2) The supervisor has practiced as a psychologist for at least two calendar years before supervising the applicant.

(3) The supervisor had legal authority to engage in the independent practice of psychology in Kansas or in the state or jurisdiction where an applicant's supervision occurred.

(c) "Client" means a person who is a direct recipient of master's level psychology services or clinical psychotherapy services.

(d) "Clinical psychotherapy practice" means the independent practice of master's level psychology and the application of psychology theory and methods to the treatment and prevention of psychosocial dysfunction, disability, or impairment, including behavioral, emotional, and mental disorders. Clinical psychotherapy shall include the following:

(1) Assessment;

(2) diagnosis of mental disorders;

(3) planning of treatment, which may include psychotherapy and counseling;

(4) treatment intervention directed at interpersonal interactions, intrapsychic dynamics, and life management issues;

(5) consultation; and

(6) evaluation, referral, and collaboration.

(e) "Clinical supervision training plan" means a formal written agreement that establishes the supervisory framework for postgraduate clinical experience and describes the expectations and responsibilities of the supervisor and supervisee.

(f) "Consultation" means collegial deliberation within the context of a voluntary, professional relationship in which the consultant offers the consultant's best advice and expertise that the consultee can either accept or reject and in which the objectives and requirements of supervision as established in K.A.R. 102-4-7a are lacking. Professional consultation shall not be substituted for professional psychology supervision and shall not meet the requirements of K.S.A. 74-5362, and amendments thereto, regarding the practice of master's level psychology under direction of a licensed practitioner.

(g) "Continuing education" means programs or activities that have content designed to enhance a licensee's knowledge, skills, values, ethics, or ability to practice as a master's level psychologist or a clinical psychotherapist.

(h) "Cooperating agency" means a public or private agency, institution, or organization that provides psychological services and has a prior agreement with an academic institution to participate in a practicum program in compliance with the requirements of K.A.R. 102-4-6a.

(i) "Direct client contact" means the provision of master's level psychology services to a client or clients in an individual, family, or group format with interaction being conducted in person or remotely with real-time, two-way interactive audio, visual, or audiovisual communications, including the application of videoconferencing, in which confidentiality is protected. Interaction that includes electronic mail, instant messaging, texting, or facsimile shall not be considered direct client contact.

(j) "Dual relationship" means a professional relationship in which the objectivity or competency of the licensee is impaired or compromised due to any of the following present or previous relationships with the client or supervisee:

(1) Familial;

(2) sexual;

(3) emotional; or

(4) financial.

(k) "Extenuating circumstances" means any condition or situation 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; or

(2) the inadvisability of requiring the person to comply with the requirements of this regulation.

(l) "Job orientation" and "on-the-job training" mean a training program or presentation of information that is so specific to a particular job or employment position that the training or information cannot be generalized to another work setting.

(m) "Malfeasance" means the performance of an act by a licensee that is prohibited or constitutes wrongdoing or misconduct.

(n) "Merits the public trust" means that an applicant or licensee possesses the high standard of good moral character and fitness that is required to practice master's level psychology or clinical psychotherapy 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 psychology profession and its values and ethics.

(o) "Misfeasance" means the improper performance of a lawful act by a licensee.

(p) "Nonfeasance" means the omission of an act that a licensee is required to perform.

(q) "One hour" means either of the following:

(1) One period of 50-60 continuous minutes; or

(2) two periods of 25-30 continuous minutes each.

(r) "Postgraduate work experience" means the postgraduate, supervised practice of psychology that meets the requirements in K.A.R. 102-4-7a.

(s) "Practice of psychology," "practice of master's level psychology," and "practice of master's level psychology or clinical psychotherapy" mean the application by persons trained in psychology of established principles of learning, motivation, perception, thinking, and emotional relationships to problems of behavior adjustment, group relations, and behavior modification. The application of these principles may include the following activities and services:

(1) Counseling and the use of psychological remedial measures with persons having adjustment or emotional problems in the areas of work, family, school, and personal relationships, whether those services are provided to individuals or in groups;

(2) the measuring and testing of personality, intelligence, aptitudes, attitudes, and skills;

(3) the teaching of the subject matter; and

(4) the conducting of research on problems relating to human behavior, except that in all cases involving the care of the sick and ill as defined by the laws of this state, the primary responsibility shall remain with those individuals licensed under the Kansas healing arts board.

(t) "Practicum," whether entitled a residency, an internship, or a field placement, means a formal component of the academic curriculum in the professional psychology program that engages the student in the supervised, professional practice of psychology 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 for which the program material 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 psychology courses audited or taken for credit.

(v) "Professional psychology supervision" means the oversight established in a formal relationship between the supervisor and supervisee for the purpose of developing the supervisee's responsibility, skill, knowledge, attitudes, and ethical standards in the practice of psychology.

(w) "Quarter credit hour" means two-thirds of a semester credit hour. Quarter credit hours shall be rounded as follows:

(1) One quarter credit hour equals .7 semester credit hours.

(2) Two quarter credit hours equal 1.3 semester credit hours.

(3) Three quarter credit hours equal 2.0 semester credit hours.

(4) Four quarter credit hours equal 2.7 semester credit hours.

(5) Five quarter credit hours equal 3.3 semester credit hours.

(x) "Semester credit hour," as used in K.A.R. 102-4-3a, means a unit of academic credit based on at least 13 clock-hours of formal didactic classroom instruction that occurred over the course of an academic semester and for which the applicant received formal graduate academic credit.

(y) "Substantially equivalent" means equal in value in all essential and material requirements.

(z) "Termination of the professional relationship" means the end of the professional relationship between a licensee and a client resulting from any of the following:

(1) The mutual consent of the licensee and the client;

(2) the completion of the professional services;

(3) the dismissal of the licensee by the client;

(4) the dismissal of the client by the licensee; or

(5) the transfer of the client to another professional for active treatment or therapy with the belief that treatment will continue.

(aa) "Trimester credit hour" means a unit of academic credit received under an academic year consisting of three equal terms. A trimester credit hour shall be equivalent to a semester credit hour.

(bb) "Under direction," when used to describe a licensed master's level psychologist, means that the licensee has a formal relationship with an individual providing guidance and oversight in which both of the following conditions are met:

(1) The directing individual provides the licensee with the following, commensurate with the welfare of the client and the education, training, and experience of the licensee:

(A) Professional monitoring and oversight of the licensed master's level psychology services provided by the licensee;

(B) regular and periodic evaluation of the treatment services provided to clients by the licensee; and

(2) With each license renewal, the licensee receiving direction provides the board with the following:

(A) The name of the directing individual, the type of license held by the directing individual, and other pertinent identifying information; and

(B) a description of the work setting and the master's level psychology services conducted under direction.

(cc) "Undue influence" means the misuse of one's professional position of confidence, trust, or authority over a client or supervisee or the taking advantage of a client's vulnerability, weakness, infirmity, or distress for either of the following purposes:

(1) To improperly influence or change a client's or supervisee's actions or decisions; or

(2) to exploit a client or supervisee for the financial gain, personal gratification, or advantage of the licensee or a third party.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-7507; effective Dec. 19, 1997; amended Aug. 4, 2000; amended Oct. 27, 2006; amended Dec. 19, 2008; amended Dec. 16, 2022.)

Kan. Admin. Regs. § 102-4-2 Fees

(a) Each applicant or licensee shall pay the appropriate fee or fees as follows:

(1) Application for a master's level psychologist license, $50;

(2) application for clinical psychotherapist license, $50;

(3) community-based master's level psychologist license, $50

(4) original master's level psychologist license, $150;

(5) original clinical psychotherapy license, $150;

(6) renewal of a master's level psychologist license, $100;

(7) renewal of a clinical psychotherapist license, $125;

(8) replacement of a master's level psychologist or a clinical psychotherapist license, $20;

(9) replacement of a master's level psychologist or a clinical psychotherapist wallet card license, $2;

(10) reinstatement of a master's level psychologist license after suspension or revocation, $100;

(11) reinstatement of a clinical psychotherapist license after suspension or revocation, $125;

(12) temporary master's level psychologist license, $50;

(13) temporary permit for an out-of-state licensed independent clinical master's level psychologist, $200; or

(14) temporary permit for an out-of-state licensed independent clinical master's level psychologist extension, $200.

(b)(1) Each applicant for reinstatement of a master's level psychologist license after the license's expiration date, if the license has been expired for less than one year, shall pay the renewal fee in addition to the penalty fee of $100;

(2) Each applicant for reinstatement of a master's level psychologist license after the license's expiration date, if the license has been expired for more than one year, shall pay the renewal fee of $100.

(c)(1) Each applicant for reinstatement of a clinical psychotherapist license after the license's expiration date, if the license has been expired for less than one year, shall pay the renewal fee in addition to the penalty fee of $125;

(2) Each applicant for reinstatement of a clinical psychotherapist license after the license's expiration date, if the license has been expired for more than one year, shall pay the renewal fee of $125.

(d) Each applicant for an expedited application shall pay $100, in addition to the application fee of $50.

(e) Fees paid to the board shall not be refundable.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by 2023 Sub for SB 131, sec. 2, K.S.A. 74-5365, as amended by Sub for SB 131, sec. 36, K.S.A. 74-5367, as amended by Sub for SB 131, sec. 38, K.S.A. 2022 Supp. 74-5367a, and K.S.A. 74-7507; implementing 2023 Sub for SB 131, sec. 2, K.S.A. 2022 Supp. 74-5363, as amended by Sub for SB 131, sec. 35, K.S.A. 74-5365, as amended by Sub for SB 131, sec. 36, K.S.A. 74-5366, as amended by Sub for SB 131, sec. 37, K.S.A. 74-5367, as amended by Sub for SB 131, sec. 38, and K.S.A. 2022 Supp. 74-5367a; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; amended, T-102-11-29-90, Nov. 29, 1990; amended Jan. 21, 1991; amended Aug. 4, 1995; amended Oct. 24, 1997; amended Aug. 4, 2000; amended July 1, 2005; amended, T-102-7-2-07, July 2, 2007; amended Nov. 30, 2007; amended March 8, 2019; amended, T-102-7-17-23, July 17, 2023; amended Nov. 17, 2023.)

Kan. Admin. Regs. § 102-4-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1987 Supp. 74-5370; implementing K.S.A. 1987 Supp. 74-5363, as amended by L. 1988, Ch. 304, Sec. 7, and further amended by L. 1988, Ch. 243, Sec. 16; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; revoked Dec. 19, 1997.)

Kan. Admin. Regs. § 102-4-3a Educational requirements

To academically qualify for licensure as a master's level psychologist or a clinical psychotherapist, the applicant's educational qualifications and background shall meet the applicable requirements specified in this regulation.

(a) Definitions.

(1) "Faculty member" means an individual who is part of the program's teaching staff and 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.

(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 faculty members are in physical proximity and face-to-face contact.

(b) Degree requirements. At the time of application, the applicant shall have met one of the following requirements:

(1) Received a master's degree in psychology based on a program of studies that is substantially equivalent to the coursework requirements in subsection (c) if the degree was earned before July 1, 2003 or in subsection (e) if the degree was earned on or after July 1, 2003;

(2) Received a master's degree in psychology and has completed the coursework requirements in subsection (c) if the degree was earned before July 1, 2003 or in subsection (e) if the degree was earned on or after July 1, 2003; or

(3) The applicant passed comprehensive examinations or equivalent final examinations in a doctoral program in psychology and has completed the coursework requirements in subsection (c) if the program was completed before July 1, 2003 or in subsection (e) if the program was completed on or after July 1, 2003.

(1) Each applicant shall have satisfactorily completed at least 36 discrete and unduplicated graduate semester credit hours, or the academic equivalent, of formal, didactic academic coursework that is distributed across the coursework areas as specified in this paragraph, subject to the restrictions in subsection (d). This coursework shall have been completed at the time of application as a part of or in addition to the coursework completed for the graduate degree requirements:

(A) At least six semester credit hours, or the academic equivalent, in psychotherapy that includes an in-depth study of the major theories, principles, and clinical methods and techniques of psychotherapy with individuals, groups, or families. These courses shall be completed while in residence;

(B) at least six semester credit hours, or the academic equivalent, in psychological testing that includes studies in the selection, administration, scoring, and interpretation of objective and projective diagnostic tests as indicators of intelligence and scholastic abilities or as screening devices for organic pathologies, learning disabilities, and personality disturbances. These courses shall be completed while in residence;

(C) at least 12 semester credit hours, or the academic equivalent, in any of the following psychological foundation courses:

(i) The philosophy of psychology, which may include studies that introduce the fundamental philosophical, conceptual, theoretical, or applied processes of psychology and the issues central to professional orientation, role development, ethical and legal standards, and professional responsibility;

(ii) the psychology of perception, which may include studies of memory, language, speech, sensory functioning, motor functioning, reasoning, decision making, problem solving, and other cognitive processes;

(iii) learning theory, which may include studies pertaining to the fundamental theoretical assumptions about and applied principles of learning, conditioning, concept formation, and behavior;

(iv) the history of psychology, which may include studies that trace and analyze the historical development and contemporary evolution of the concepts and theories in psychology;

(v) motivation, which may include studies of the concepts, principles, and empirical findings concerning the innate, biological, and acquired factors that underlie human motivation; or

(vi) statistics, which may include studies in the theory, analysis, and interpretation of statistics, and the manual or computerized application of statistical measures; and

(D) at least 12 semester credit hours, or the academic equivalent, in professional core courses. The professional core courses shall include at least three semester credit hours, or the academic equivalent, in psychopathology, which may include studies that examine the theories, definitions, and dynamics of the diagnostic classifications, and differentiation among diagnostic classifications. This subcategory may also include studies in abnormal psychology or studies that examine the etiological factors, clinical course, and clinical and psychopharmacological approaches to the treatment of mental, behavioral, and personality disorders. The remaining nine semester credit hours, or the academic equivalent, may consist of any of the following professional core courses:

(i) Personality theories, which may include studies that seek to explain or to compare and contrast the major theories of normal and abnormal personality development, functioning, adaptation, and assessment;

(ii) developmental psychology, which may include psychological or biologically based studies that provide a comprehensive overview of the biopsychosocial factors, determinants, and stages that pertain to and impact the physical, emotional, intellectual, and social development and adaptation of humans from infancy through senescence;

(iii) research methods, which may include studies in the principles, techniques, and ethics of research and studies about the identification of research problems, selection of research designs, measurement strategies, sampling techniques, and methods of evaluating the results;

(iv) social psychology, which may include studies of the interactive and influencing effects of social, cultural, and ecological factors upon the emotions, beliefs, attitudes, expectations, roles, behaviors, and interactional dynamics of individuals, families, groups, organizations, and the larger society; or

(v) additional coursework in psychotherapy or psychological testing as specified in this subsection.

(2) In addition to or as a part of the 36 semester hours specified in paragraph (c)(1), each applicant for a clinical psychotherapist license shall have completed 15 graduate semester credit hours, or the academic equivalent, supporting diagnosis or treatment of mental disorders using the "diagnostic and statistical manual of mental disorders" as specified in K.A.R. 102-4-15. Three of the 15 semester credit hours, or the academic equivalent, shall consist of a discrete academic course with the primary and explicit focus of psychopathology and the diagnosis and treatment of mental disorders as classified in the "diagnostic and statistical manual of mental disorders." The remaining 12 semester credit hours, or the academic equivalent, shall consist of academic courses with the primary and explicit focus of diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches, and professional ethics or other coursework that specifically contains identifiable, equivalent instruction. The 15 semester credit hours shall be subject to the restrictions in subsection (d).

(d) The following activities shall not be substituted for or counted toward any of the educational coursework requirements in subsection (c):

(1) Academic courses that the applicant completed as a part of or in conjunction with the undergraduate degree requirements;

(2) independent study courses, whether or not the coursework is taken for academic credit, unless the independent study course clearly occurred as a didactic course formally established and designed by the program to provide the student with specifically identified, organized, and integrated course content;

(3) thesis or independent research courses;

(4) academic courses that, by their experiential rather than didactic nature and content, are designed to precede, satisfy, or augment the practicum activities required for the graduate psychology degree;

(5) academic coursework that has been audited rather than graded;

(6) academic coursework for which the applicant received an incomplete or failing grade;

(7) graduate or postgraduate coursework or training provided by colleges, universities, institutes, or training programs that do not meet the requirements in subsections (f) and (g); and

(8) continuing education, in-service, or on-the-job training activities or experience.

(e) Coursework requirements for applicants who earn a psychology degree on or after July 1, 2003.

(1) As a part of or in addition to the coursework completed for the graduate degree requirements, each applicant shall have satisfactorily completed at least 60 discrete and unduplicated graduate semester credit hours, or the academic equivalent, of formal, didactic academic coursework in psychology or a related field.

(2) Thirty-six of the 60 required graduate semester credit hours, or the academic equivalent, shall be distributed across the coursework areas as specified in paragraph (c)(1). The coursework specified in paragraphs (c)(1)(A) and (c)(1)(B) shall be completed while the student is in residence.

(3) Of the remaining 24 required graduate semester credit hours, a maximum of six semester credit hours, or the academic equivalent, may be attained through independent study courses or independent research courses, and a maximum of 10 semester credit hours, or the academic equivalent, may be attained through thesis preparation.

(4) In addition to or as a part of the 60 semester hours specified in paragraph (e)(1), each applicant for a clinical psychotherapist license shall have completed 15 graduate semester credit hours, or the academic equivalent, supporting diagnosis or treatment of mental disorders using the "diagnostic and statistical manual of mental disorders" as specified in K.A.R. 102-4-15. Three of the 15 semester credit hours, or the academic equivalent, shall consist of a discrete academic course with the primary and explicit focus of psychopathology and the diagnosis and treatment of mental disorders as classified in the "diagnostic and statistical manual of mental disorders." The remaining 12 semester credit hours, or the academic equivalent, shall consist of academic courses with the primary and explicit focus of diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches, and professional ethics or other coursework that specifically contains identifiable, equivalent instruction. The 15 semester credit hours, or the academic equivalent, shall be subject to the restrictions in paragraph (e)(5).

(5) The following activities shall not be substituted for or counted toward any of the educational coursework requirements set out in this subsection:

(A) Academic courses that the applicant completed as a part of or in conjunction with the undergraduate degree requirements;

(B) academic coursework that has been audited rather than graded;

(D) graduate or postgraduate coursework or training provided by colleges, universities, institutes, or training programs that do not meet the requirements in subsections (f) and (g); and

(E) continuing education, in-service, or on-the-job training activities or experience.

(f) Program requirements. In order for the applicant to qualify for licensure, the educational program completed by the applicant shall meet all of the following conditions:

(1) The program has formally established program admission requirements that are based upon objective measures.

(2) The program requires and provides an established curriculum that encompasses at least two years of graduate study and that includes two consecutive semesters of enrollment, or the academic equivalent, attended and completed by the student at the same college or university granting the degree.

(3) The program has clear administrative authority and formal responsibility within the program for the core and specialty areas of training in psychology.

(4) The program has an established, organized, and comprehensive sequence of study that is planned by administrators who are responsible for providing an integrated educational experience in psychology.

(5) The program is chaired or directed by an identifiable person who holds a graduate degree that was earned from a regionally accredited college or university following that person's actual completion of a formal academic training program in psychology.

(6) The program has an identifiable, full-time, professional faculty whose members hold earned graduate degrees in psychology.

(7) The program has an identifiable and formally enrolled body of students.

(8) The ratio of students to faculty members does not exceed 15 students to one faculty member.

(9) The program conducts an ongoing, objective review and evaluation of each student's learning and progress, and the program reports this evaluation in the official student transcripts.

(g) College or university requirements. In order for the applicant to qualify for licensure, the college or university at which the applicant completed the degree requirements shall meet all of the following conditions.

(1) The college or university is institutionally accredited to award the graduate degree in psychology.

(2) The college or university is regionally accredited by an accrediting body substantially equivalent to those agencies that accredit the universities in Kansas.

(3) The college or university documents in its official publications, including course catalogs and announcements, the program description and standards and the admission requirements of the psychology education and training program.

(4) The college or university identifies and clearly describes in pertinent institutional catalogs the coursework, experiential, and other academic program requirements that must be satisfied before the conferral of the graduate degree in psychology.

(5) The college or university clearly identifies and specifies in pertinent institutional catalogs its intent to educate and train psychologists.

(6) The college or university has clearly established a psychology education and training program as a recognized, coherent organizational entity within the college or university that, when the applicant's degree requirements were satisfied, met the program standards in subsection (f).

(7) The college or university has conferred the graduate degree in psychology on the applicant, or has advanced the applicant to doctoral candidacy status, following the applicant's successful completion of an established and required formal program of studies.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-5370, and 74-7507; implementing K.S.A. 2023 Supp. 74-5363; effective Dec. 19, 1997; amended Aug. 13, 2004; amended Oct. 27, 2006; amended June 21, 2024.)

Kan. Admin. Regs. § 102-4-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-5370; implementing K.S.A. 74-5363, K.S.A. 74-5366, and K.S.A. 74-5367; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; amended Feb. 25, 1991; amended May 30, 1995; revoked Dec. 19, 1997.)

Kan. Admin. Regs. § 102-4-4a Applications for licensure

(a) Each applicant for licensure as a master's level psychologist or clinical psychotherapist shall request the appropriate licensure application form from the director of the board.

(b) Each applicant for licensure as a licensed master's level psychologist shall submit the completed application materials to the board and complete the following application procedures:

(1) Submit the full payment of the licensure application fee as provided in K.A.R. 102-4-2;

(2) submit, on board-approved forms, references from three individuals, one of whom shall have provided direct clinical supervision of the applicant's graduate program practicum. If the practicum supervisor is unavailable, the graduate program director or any person who has knowledge of the applicant's practicum experience on the basis of the applicant's practicum records shall submit the reference. Except as specified below in paragraph (b)(2)(B), each individual submitting a reference shall meet all of the following conditions:

(A) Is not related to the applicant;

(B) is authorized by law to practice master's level psychology or to practice in a related field. However, this paragraph shall not apply to the individual specified above in paragraph (b)(2) who submits the reference if the practicum supervisor is unavailable; and

(4) demonstrate satisfactory completion of graduate educational requirements as specified in K.A.R. 102-4-3a.

(c) Each applicant for licensure as a clinical psychotherapist shall submit the completed application materials to the board and complete the following application procedures:

(1) Submit the full payment of the licensure application fee as provided in K.A.R. 102-4-2;

(2) if not previously provided to the board, submit, on board-approved forms, references from three individuals, one of whom shall have provided direct clinical supervision of the applicant's graduate program practicum. If the practicum supervisor is unavailable, the graduate program director or any person who has knowledge of the applicant's practicum experience on the basis of the applicant's practicum records shall submit the reference. Except as specified below in paragraph (c)(2)(B), each individual submitting a reference shall meet all of the following conditions:

(A) Is not related to the applicant;

(B) is authorized by law to practice master's level psychology or to practice in a related field. However, this paragraph shall not apply to the individual specified above in paragraph (c)(2) who submits the reference if the practicum supervisor is unavailable; and

(3) demonstrate that the applicant is licensed by the board as a master's level psychologist or meets all requirements for licensure as a master's level psychologist;

(5) demonstrate satisfactory completion of the graduate education requirements specified in K.A.R. 102-4-3a; and

(6) submit each supervisor's attestation that the applicant has satisfactorily completed the postgraduate supervised professional experience requirements in accordance with a clinical supervision training plan approved by the board as specified in K.A.R. 102-4-7a.

(d) The following provisions shall apply to each applicant for licensure as a master's level psychologist and to each applicant for licensure as a clinical psychotherapist:

(1) Upon the board's determination that the applicant has met the applicable educational requirements, each applicant shall take the appropriate, nationally administered, standardized written examination approved by the board in accordance with K.A.R. 102-4-5.

(3) Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall submit the fee as provided in K.A.R. 102-4-2 for the original, two-year licensure period.

(i) The applicant has not met the qualifications.

(ii) The applicant has not submitted a complete application.

(iii) The applicant has not submitted the original license fee.

(B) Any applicant whose application will expire under paragraph (d)(4)(A) may request that the application be kept open for a period of time not to exceed six months on the basis of extenuating circumstances. The applicant shall submit a written request to the board with a detailed explanation of the extenuating circumstances that are the basis of the applicant's request. The written request shall be submitted no later than 30 days before the application expires. If the request is approved by the board, the application shall remain open for the period of time stipulated by the board in its approval, which shall not exceed six months.

(C) Upon expiration of the application, the applicant may submit a new application, the required fee, and all supporting documents, if the applicant wishes to reapply for licensure.

(e) Any applicant who is determined by the board to meet the requirements of K.S.A. 74-5367, 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. 102-4-2. Except as provided in paragraphs (e)(1) and (e)(2), the temporary license shall remain in effect for 24 months.

(1)(A) Except as provided in paragraph (e)(1)(B), the temporary license shall expire after 12 months if the applicant has not taken the examination at least one time.

(B) Any applicant who does not take the examination at least one time during the first 12 months in which the applicant's temporary license is in effect may request that the temporary license remain in effect for the full 24 months on the basis that extenuating circumstances preclude the applicant from taking the examination during the initial 12-month period. 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 end of the initial 12-month period. If the request is approved by the board, the applicant's temporary license shall remain in effect for the remaining 12 months.

(2) Any applicant whose 24-month temporary license is due to expire may request that the temporary license remain in effect for a period of time not to exceed six months on the basis of extenuating circumstances. The applicant shall submit a written request to the board with a detailed explanation of the extenuating circumstances that are the basis of the applicant's request. The written request shall be submitted no later than 30 days before the application expires. If the request is approved by the board, the temporary license shall remain in effect for the period of time stipulated by the board in its approval, which shall not exceed six months.

(f) Any person who has been engaged in the practice of master's level psychology as a licensed or registered master's level psychologist in Kansas at any time within the five years before July 1, 2000, may apply for a license as a clinical psychotherapist by submitting transition application materials to the board and completing the following application procedures:

(1) Submit the completed transition application form;

(2) submit the full payment of the licensure application fee as provided in K.A.R. 102-4-2;

(3) demonstrate that the applicant held a Kansas license or registration as a master's level psychologist in good standing at any time during the five years immediately before July 1, 2000; and

(4) demonstrate competence to diagnose and treat mental disorders by documenting completion of at least two of the three following requirements:

(A)(i) Completion of at least nine graduate semester credit hours of coursework, or their academic equivalent, as documented on the transcript, which shall address clinical theory, assessment, and treatment issues, including three semester credit hours, or their academic equivalent, addressing psychopathology; or

(ii) passage of the competency examination as specified by K.A.R. 102-4-5a at the time of taking the examination;

(B) three years of clinical practice, including at least eight hours of client contact per week for at least nine months of each year in a community mental health center or its affiliate, a state mental hospital, or any other setting in which the applicant provided clinical services that included diagnosis or treatment of mental disorders; or

(C) one attestation, on a form provided by the board, from a person licensed by the board to diagnose and treat mental disorders at the independent level or a person licensed to practice medicine and surgery that the applicant has demonstrated competence in the diagnosis or treatment of mental disorders.

(1) The person's inability to comply with the requirements of this regulation within the timeframes established by this regulation or K.S.A. 74-5367, 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. 74-5367, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2005 Supp. 74-7507; implementing K.S.A. 74-5363 and K.S.A. 74-5367, as amended by 2006 SB 470, §5; effective Dec. 19, 1997; amended Aug. 4, 2000; amended Aug. 13, 2004; amended, T-102-7-5-06, July 5, 2006; amended Oct. 27, 2006.)

Kan. Admin. Regs. § 102-4-4b Application for licensure based on reciprocity

(a) Each individual who wishes to be licensed as a master's level psychologist or a clinical psychotherapist based on reciprocity, as provided by L. 2003, Ch. 129, Sec. 1 and amendments thereto, shall submit an application for licensure in accordance with the provisions of this regulation.

(b) Each applicant for licensure as a master's level psychologist 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. 102-4-2.

(2) The applicant shall forward to the licensing agency for the jurisdiction in which the applicant is currently licensed, certified, or registered as a master's level psychologist a form provided by the board on which the licensing agency is to provide the following documentation:

(A) Verification that the applicant currently holds a valid license, registration, or certification to practice psychology at the master's level issued by the licensing agency;

(B) the date on which the applicant was initially licensed, registered, or certified as a master's level psychologist by the licensing agency and a complete history of each subsequent renewal, reinstatement, and lapse in licensure, registration, or certification. If an applicant is seeking licensure based on reciprocity under the provisions of paragraph (a)(2) of L. 2003, Ch. 129, Sec. 1 and amendments thereto, the applicant shall ensure that documentation covering the five continuous years of licensure, registration, or certification as a master's level psychologist that immediately precede the date of the application is submitted to the board by the licensing agency for each jurisdiction in which the applicant was licensed, registered, or certified during that five-year period;

(D) either verification that the standards for licensure, certification, or registration as a master's level psychologist in that jurisdiction are substantially equivalent to the standards in Kansas or verification that the applicant has earned a master's degree in psychology, the date on which the applicant earned the degree, and the name of the university or college granting the degree.

The completed form shall be returned to the board by the licensing agency and shall not be forwarded to the applicant.

(3) If the applicant is seeking licensure based on reciprocity under the provisions of paragraph (a)(2) of L. 2003, Ch. 129, Sec. 1, and amendments thereto, rather than on the basis that the standards for licensure, registration, or certification are substantially equivalent to the standards for licensure as a master's level psychologist 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 psychology at the master's 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 degree in psychology, an original transcript sent directly from the university or college granting the degree that identifies all applicable graduate coursework and the date on which the applicant was granted a master's degree in psychology.

(c) In addition to complying with the requirements of subsection (b), each applicant for licensure as a clinical psychotherapist shall demonstrate competence to diagnose and treat mental disorders by submitting at least two of the following three forms of documentation:

(1)(A) A transcript sent directly from a regionally accredited university or college documenting satisfactory completion of 15 graduate credit hours supporting diagnosis or treatment of mental disorders using the diagnostic and statistical manual of mental disorders as specified in K.A.R. 102-4-15. Three of the 15 credit hours shall consist of a discrete academic course with the primary and explicit focus of psychopathology and the diagnosis and treatment of mental disorders as classified in the diagnostic and statistical manual of mental disorders. The remaining 12 graduate credit hours shall consist of academic courses with the primary and explicit focus of diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches, and professional ethics, or coursework that specifically contains identifiable, equivalent instruction; or

(2) one or both of the following types of documentation, which shall cover periods of time totaling at least three years:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by L. 2003, Ch. 129, Sec. 1, K.S.A. 74-5370 and 74-7507; implementing L. 2003, Ch. 129, Sec. 1, K.S.A. 74-5365, and 74-5369; effective, T-102-7-1-03, July 1, 2003; effective Oct. 31, 2003.)

Kan. Admin. Regs. § 102-4-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-5370; implementing K.S.A. 74-5369; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; amended May 30, 1995; revoked Dec. 19, 1997.)

Kan. Admin. Regs. § 102-4-5a Examination requirements

Each applicant who submits an application for licensure as a master's level psychologist or a clinical psychotherapist shall be required to qualify for licensure by examination. Each applicant submitting an application for licensure shall take a nationally administered, standardized written examination approved by the board. (a)(1) The pass score for licensure as a master's level psychologist shall be not less than 60 percent correctly answered items.

(2) The pass score for licensure as a clinical psychotherapist shall be not less than 70 percent correctly answered items.

(b) Upon receiving board notification of the applicant's educational eligibility to be seated for the licensure examination, the applicant shall submit the examination registration forms and fee in the manner and within any deadlines established by the board.

(c) For each examination registration or seating opportunity the applicant attempts, the applicant shall submit by board-established deadlines the required registration form and a separate examination fee made payable to the examination service.

(d) Each applicant who fails a required examination for which the applicant has been registered shall submit, by board-established deadlines, the required registration form and the examination fee made payable to the examination service for each subsequent examination for which the applicant registers. If an applicant fails to sit for an examination for which the applicant has been registered, the applicant may register for a subsequent examination by submitting the required registration form within board-established deadlines.

(e) The written examination shall be waived by the board if the applicant has passed, at a level equal to or greater than the applicable pass score indicated above in paragraph (a)(1) or (2), a nationally administered, standardized written examination deemed by the board to be substantially equivalent to the examination approved by the board.

(f) An applicant shall not be authorized to register for the examination or qualify for a waiver of the examination until the applicant has fulfilled all educational requirements and has satisfied the board that the applicant merits the public trust.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 75-7507; implementing K.S.A. 1999 Supp. 74-5363, as amended by L. 1999, Ch. 117, Sec. 32; effective Dec. 19, 1997; amended Aug. 4, 2000.)

Kan. Admin. Regs. § 102-4-6 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-5370; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; amended May 30, 1995; revoked Dec. 19, 1997.)

Kan. Admin. Regs. § 102-4-6a Academically supervised practicum

In order to satisfy K.S.A. 74-5363(b)(4), and amendments thereto, by means of completing 750 clock-hours of an academically supervised practicum in the applicant's psychology master's degree program, the applicant shall meet the requirements in this regulation.

(a) Practicum requirements. The applicant's practicum experience shall meet all of the following minimal requirements. The practicum shall meet these provisions:

(1) Have been completed by the applicant in fulfillment of the requirements for the applicant's master's degree in psychology or clinical psychology that was conferred by an academic institution that satisfies the college or university requirements provided in K.A.R. 102-4-3a;

(2) have constituted a formal and integrated component of an academic psychology training program that satisfies the program and coursework requirements as provided in K.A.R. 102-4-3a;

(3) have consisted of at least 750 clock-hours of academically supervised experience acceptable to the board;

(4) have occurred after the applicant satisfactorily completed the practicum prerequisite psychology coursework;

(5) have been supervised as provided in subsection (b); and

(6) have consisted of a formal, academically supervised placement in a cooperating agency that meets these requirements:

(A) Identified students, interns, or residents as being in training and not as staff; and

(B) by its nature and function, provided the applicant with the opportunity to participate in the practice of psychology through a broad range of supervised experiences that included the following practice activities and experiences:

(i) Diagnosis;

(ii) measuring and testing personality, intelligence, aptitudes, attitudes, and skills;

(iii) interdisciplinary collaboration and consultation; and

(iv) treatment interventions with a client or patient population presenting a diverse set of problems and backgrounds.

(b) Practicum supervision requirements. In order for the applicant's academic practicum to be approved by the board, the practicum supervisor or supervisors at the time of the practicum supervision shall have satisfied all of the following requirements.

(1) The supervisor was licensed, registered, or certified to practice psychology or qualified as an alternate psychology supervisor as defined in K.A.R. 102-4-1a.

(2) The supervisor had at least partial professional responsibility for the applicant's supervised practice of psychology.

(3) The supervisor had no familial or other dual relationship with the applicant.

(4) The supervisor had a supervisory relationship that was clearly differentiated from that of consultant.

(5) The supervisor was available at the points of decision making regarding the diagnosis and treatment of clients.

(6) The supervisor provided the applicant with on-site supervision that included a minimum of one hour of face-to-face, individual supervision for each 10 hours of the applicant's direct patient or client contact.

(c) During the time of supervision, the practicum supervisor shall not have been subject to disciplinary action by the licensing, registering, or certifying authority, unless this provision is waived by the board upon prior application by the proposed supervisor.

(d) Credit toward the 750 clock-hours of practicum shall not be approved by the board for any of the following experiences or activities:

(1) Practicum experiences completed in fulfillment of the requirements established by training programs, institutes, colleges, or universities that do not qualify under the program requirements and the college or university requirements provided in K.A.R. 102-4-3a;

(2) academic practicum hours taken after the completion of the master's degree in psychology or clinical psychology;

(3) practicum experiences that do not qualify under the practicum requirements and the practicum supervision requirements as provided in subsections (a) and (b);

(4) postgraduate supervised work experience;

(5) postgraduate job orientation or on-the-job training;

(6) research or thesis activities or experience;

(7) teaching activities or experience;

(8) didactic coursework;

(9) simulated classroom activities or exercises;

(10) simulated laboratory experiences;

(11) field activities that are strictly observational rather than experiential in nature; or

(12) any supervised practicum hours during which the applicant's performance as evaluated by the practicum supervisor is determined by the board to be unacceptable.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 74-7507; implementing K.S.A. 74-5363 and K.S.A. 2007 Supp. 74-5367; effective Dec. 19, 1997; amended Jan. 9, 2004; amended Dec. 19, 2008.)

Kan. Admin. Regs. § 102-4-6b Postgraduate hours in lieu of practicum

In order to meet the requirement specified in K.S.A. 74-5363(b)(4) and amendments thereto, each applicant who has not completed a qualifying practicum as part of the applicant's master's degree in psychology or clinical psychology shall complete 1,500 hours of postgraduate supervised work experience. All of the following requirements shall be met:

(a) Of the required 1,500 postgraduate supervised hours, 500 hours shall consist of direct client contact, which shall include the following:

(1) Assessment;

(2) diagnosis of mental disorders; and

(3) treatment intervention directed at interpersonal interactions, intrapsychic dynamics, and life management issues.

(b) The supervision of these postgraduate hours shall meet the requirements in K.A.R. 102-4-7a.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 74-7507; implementing K.S.A. 74-5363; effective Dec. 19, 2008.)

Kan. Admin. Regs. § 102-4-7 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-5370; implementing K.S.A. 74-5363 and K.S.A. 74-5358; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; revoked May 30, 1995.)

Kan. Admin. Regs. § 102-4-7a Postgraduate supervised professional work experience requirement

In order to be approved by the board for licensure as a clinical psychotherapist, the applicant's postgraduate supervised professional experience of master's level psychology shall meet all of the following requirements:

(a) One hour of clinical supervision shall be provided throughout the entirety of the postgraduate supervised professional experience for each 15 hours of direct client contact. Unless extenuating circumstances are approved by the board, all supervision shall be conducted face-to-face either in person or, if confidentiality is technologically protected, by synchronous videoconferencing specified as follows:

(1) At least 50 hours of individual supervision occurring with the supervisor and supervisee;

(2) up to 50 hours of group supervision with one supervisor and no more than six supervisees; and

(3) meet for at least one hour at least twice per month, at least one of which shall be individual supervision.

(b) The clinical supervisor of a person attaining the postgraduate supervised professional experience required for licensure as a clinical psychotherapist, at the time of providing supervision, shall meet one of the following requirements:

(1) The clinical supervisor shall be a person licensed as a psychologist.

(2) The clinical supervisor shall be a person who is currently licensed in Kansas as a clinical psychotherapist and, beginning July 1, 2003, who has practiced as a clinical psychotherapist for two years beyond the supervisor's licensure date.

(3) The clinical supervisor shall be a person with qualifications substantially equivalent to the requirements for licensure in Kansas as a clinical psychotherapist with at least two years of experience in the practice of master's level psychology beyond the date of the supervisor's registration, certification, or licensure that is acceptable to the board.

(1) Have professional authority over and responsibility for the supervisee's clinical functioning in the practice of master's level psychology;

(2) not have a dual relationship with the supervisee;

(3) not be under any sanction from a disciplinary proceeding, unless the board waives this prohibition for good cause shown by the proposed supervisor;

(4) have knowledge of and experience with the supervisee's client population;

(5) have knowledge of and experience with the methods of practice that the supervisee employs;

(6) have an understanding of the organization and the administrative policies and procedure of the supervisee's practice setting; and

(7) be a member of the practice setting staff or meet the requirements of subsection (d).

(d) If a qualified clinical supervisor is not available from among staff in the supervisee's practice setting, the supervisee may secure an otherwise qualified clinical supervisor outside the practice setting if all of the following conditions are met:

(1) The supervisor has a sound understanding of the practice setting's mission, policies, and procedures.

(3) The responsibility for payment for supervision is clearly defined.

(4) If the supervisee pays the supervisor directly for the supervision, the supervisor maintains responsibility to the client and to the practice setting.

(e) Each clinical supervisor shall perform the following duties:

(1) Provide oversight, guidance, and direction of the supervisee's clinical practice of master's level psychology by assessing and evaluating the supervisee's performance;

(2) conduct supervision as a process distinct from personal therapy, didactic instruction, or marriage and family therapy consultation;

(3) provide documentation of supervisory qualifications to the supervisee;

(4) periodically evaluate the supervisee's clinical functioning;

(5) provide supervision in accordance with the clinical supervision training plan;

(6) maintain documentation of supervision in accordance with the clinical supervision training plan;

(7) provide the documentation required by the board when a supervisee completes the postgraduate supervised professional experience. The supervisor shall submit this documentation on a board-approved form and in a manner that will enable the board to evaluate the extent and quality of the supervisee's professional experience and assign credit for that experience;

(8) provide a level of supervision that is commensurate with the education, training, experience, and ability of both the supervisor and the supervisee; and

(9) ensure that each client knows that the supervisee is practicing master's level psychology under supervision.

(f) Each supervisor and supervisee shall develop and cosign a written clinical supervision training plan on forms provided by the board at the beginning of the supervisory relationship. The supervisee shall submit this plan to the board and shall receive board approval of the plan before any supervised professional experience hours can begin to accrue. This plan shall clearly define and delineate the following items:

(1) The supervisory context;

(2) a summary of the anticipated types of clients and the services to be provided;

(3) the format and schedule of supervision;

(4) a plan for documenting the following information:

(A) The date of each supervisory meeting;

(B) the length of each supervisory meeting;

(D) a designation of each supervisory meeting as conducted in the same physical space or otherwise, in the case of emergency; and

(E) an evaluation of the supervisee's progress under clinical supervision;

(5) a plan to notify clients of the following information:

(A) The fact that the supervisee is practicing master's level psychology under supervision;

(B) the limits of client confidentiality within the supervisory process; and

(6) the date on which the parties entered into the clinical supervision training plan and the time frame that the plan is intended to encompass;

(7) an agreement to amend or renegotiate the terms of the clinical supervision training plan, if warranted, including written notification of these changes to the board office as provided in subsection (h);

(8) the supervisee's informed consent for the supervisor to discuss supervision or performance issues with the supervisee's clients, the supervisee's other clinical or employment supervisors, the board, or any other individual or entity to which either the supervisee or the supervisor is professionally accountable; and

(g) Supervised practicum hours completed in a doctoral program of study that is primarily psychological in content may be approved by the board toward the postgraduate supervised professional experience requirements for licensure as a clinical psychotherapist if the applicant meets both of the following conditions:

(1) The applicant received a master's degree in psychology or clinical psychology and met the coursework, program, and college or university requirements in K.A.R. 102-4-3a before completing the doctoral practicum hours.

(2) The applicant's doctoral-level practicum fully met the requirements in subsections (a), (b), (c), and (e).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 2021 Supp. 74-5363; effective March 27, 1998; amended Aug. 4, 2000; amended Aug. 13, 2004; amended Dec. 16, 2022.)

Kan. Admin. Regs. § 102-4-8 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1987 Supp. 74-5370; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; revoked Dec. 19, 1997.)

Kan. Admin. Regs. § 102-4-8a Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1996 Supp. 74-7507; implementing K.S.A. 1996 Supp. 74-5363 and 74-5369; effective Dec. 19, 1997; revoked June 8, 2007.)

Kan. Admin. Regs. § 102-4-9 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1987 Supp. 74-5370; implementing K.S.A. 1987 Supp. 74-5364 and 74-5366; effective, T-102-2-23-89; Feb. 23, 1989; effective April 3, 1989; revoked Dec. 19, 1997.)

Kan. Admin. Regs. § 102-4-9a Renewal and reinstatement

(a) To be considered for license renewal, each licensed master's level psychologist and each licensed clinical psychotherapist shall submit the following items to the board:

(1) A completed renewal application;

(2) the continuing education, reporting form; and

(3) the fee prescribed in K.A.R. 102-4-2.

(b) If the application for renewal, the continuing education reporting form, and payment of the required fee are not submitted before the license expires, the license may be reinstated by the deadlines as provided in K.S.A. 74-5366, and amendments thereto, upon payment of the required renewal fee, plus the late charge set forth in K.A.R. 102-4-2, and proof satisfactory to the board of compliance with the continuing education requirements. Each applicant who fails to meet the statutory deadlines for reinstatement may submit a new licensure application as provided in K.A.R. 102-4-4a.

(c) At the time of application for reinstatement, each applicant shall submit a reinstatement application, the continuing education reporting form documenting evidence of the satisfactory completion, within the 24 months immediately before application, of the required continuing education hours, and the fee prescribed in K.A.R. 102-4-2.

(d) Each individual who holds a license but who fails to renew the license before the license expires, and who thereafter applies for renewal of the license, shall indicate on the reinstatement application form whether or not the individual has continued to engage in the practice of psychology in Kansas, or has continued to use the authorized licensure title or abbreviation after the expiration of the license and, if so, under what circumstances.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 74-5365, 74-5366, 74-5369, and 74-5371; effective Dec. 19, 1997; amended July 11, 2003.)

Kan. Admin. Regs. § 102-4-9b Renewal audit

(a) A random audit of the continuing education documentation for 10 percent of the master's level psychologist licenses and the clinical psychotherapist licenses expiring each month shall be conducted by the board.

(b) Each licensee selected for the random audit shall be notified in writing after the board has received the licensee's renewal application form required by K.A.R. l02-4-9a.

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

(1) The completed renewal audit forms; and

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

(d) Continuing education units that a renewal applicant earns after board receipt of the renewal application form shall not be approved for continuing education credit for the current renewal period.

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

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-5365 and K.S.A. 2007 Supp. 74-7507; effective Feb. 13, 2009.)

Kan. Admin. Regs. § 102-4-10 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-5370; implementing K.S.A. 74-5364; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; amended Aug. 13, 1990; amended May 30, 1995; revoked Dec. 19, 1997.)

Kan. Admin. Regs. § 102-4-10a Continuing education for licensees

(a) During each two-year renewal period, each licensee shall complete 50 hours of documented and board-approved continuing education oriented to the enhancement of a master's level psychologist's practice, values, ethics, skills, or knowledge. Continuing education hours accumulated in excess of the required 50 hours shall not be carried over to the next renewal period.

(b) Professional ethics continuing education requirement. During each two-year renewal period and as a part of the required continuing education hours, each licensee shall complete a program on professional ethics consisting of at least three continuing education hours of formal training in ethics. These hours shall be obtained from any of the activities specified in paragraphs (e)(1), (e)(2), (e)(3), and (e)(4).

(c) Diagnosis and treatment continuing education requirement. During each two-year renewal period and as a part of the required continuing education hours, each licensee shall complete a program on diagnosis and treatment consisting of at least six continuing education hours of formal training in diagnosis and treatment. These hours shall be obtained from any of the activities specified in paragraphs (e)(1), (e)(2), (e)(3), and (e)(4).

(d) Continuing education credit for approved programs shall be awarded on the basis of one continuing education hour for each 50 minutes actually spent in attendance at instructional activities. One-quarter continuing education hour shall be awarded for attendance of at least 15 but fewer than 30 minutes. Continuing education credit shall not be granted for fractional units of fewer than 15 minutes.

(e) Acceptable continuing education, whether taken within the state or outside the state, shall include the following:

(1) Activities that are sponsored, accredited, or conducted by educational institutions, by professional associations, or by private institutions that are nationally or regionally accredited for education or training. The maximum number of hours allowed shall be 50;

(2) activities conducted by agencies, groups, and continuing education providers that do not meet the requirements of national or regional accreditation, if the content is clearly related to the enhancement of psychology practice, skills, knowledge, values, or ethics. The maximum number of hours allowed shall be 50;

(3) academic psychology courses that are either taken for academic credit or audited. For courses taken for academic credit, 15 continuing education hours shall be granted for each semester credit hour that is successfully completed. Quarter hours shall be granted according to K.A.R. 102-4-1a(u). For academic courses that are audited, one continuing education hour shall be granted for each hour of actual classroom attendance and participation. The maximum number of hours allowed shall be 50;

(4) seminars, institutes, workshops, or minicourses. The maximum number of hours allowed shall be 50;

(5) cross-disciplinary offerings in medicine, law, the behavioral sciences, a foreign or sign language, computer science, professional or technical writing, business administration, management sciences, or any other discipline, if the offerings are clearly related to the enhancement of a master's level psychologist's practice, values, skills, ethics, or knowledge. The maximum number of hours allowed shall be 20;

(6) the first-time presentation of courses, workshops, or other formal training activities, if the content is clearly related to the enhancement of psychology practice, values, skills, ethics, or knowledge. For each first-time presentation, a maximum of 10 continuing education hours may be approved. If more than one master's level psychologist or other professional gave the presentation, the continuing education credit shall be prorated among the presenters. The maximum number of hours allowed shall be 15;

(7) the first-time publication of a psychology article in a juried professional journal or first-time publication of a book chapter in a psychology text. For each first-time publication, a maximum of 10 continuing education hours may be approved. If more than one master's level psychologist or other professional authored the article or book chapter, the continuing education credit shall be prorated among the authors. The maximum number of hours allowed shall be 20;

(8) 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 hours allowed shall be 40;

(9) 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 hours allowed shall be 10;

(10) supervision of undergraduate or graduate practicum or intern students, applicants for licensure as master's level psychologists, or other professional mental health practitioners for which the maximum number of hours allowed shall be 20. Continuing education credit for providing this supervision shall not exceed a total of five hours per semester;

(11) self-directed learning projects preapproved by the board. The maximum number of hours allowed shall be 10;

(12) participation in quality care activities that may include client diagnosis review conferences, client staffings, treatment utilization review, peer or supervisory reviews, case consultations with other professional staff, or participation in formal quality-assurance activities. The maximum number of hours allowed shall be five;

(13) holding office or serving on a committee in a professional organization, if the organization's goals are clearly related to the enhancement of psychology practice, values, skills, ethics, or knowledge. The maximum number of hours allowed shall be 10; and

(14) receiving personal psychotherapy from a licensed or certified mental health provider that is part of a designated training program. The maximum number of hours allowed shall be five.

(f) In determining whether or not a claimed continuing education activity shall be allowed, the master's level psychologist may be required by the board to satisfactorily demonstrate that the content was clearly related to psychology, or to provide verification of the master's level psychologist's participation in any claimed or reported activity. If a master's level psychologist fails to comply with this requirement, the claimed credit may be disallowed by the board.

(g) Continuing education approval shall not be granted for any of the following activities:

(1) First aid, infection control, or occupational health and safety courses;

(2) in-service training if the training is for job orientation or job training, or is specific to the employing agency; or

(3) any activity for which the licensee cannot demonstrate to the board's satisfaction that the program's goals and objectives are to enhance the licensee's psychology practice, values, skills, ethics, or knowledge.

(h) Each licensee shall maintain individual continuing education records. Continuing education records shall document the licensee's continuing education activity attendance, participation, or completion as defined by K.A.R. 102-4-11a. These records may be required to be submitted to the board at least 30 days before the expiration date of each current licensure period or upon a random audit.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 74-7507; implementing K.S.A. 74-5365, K.S.A. 2007 Supp. 74-5366, and K.S.A. 2007 Supp. 74-7507; effective Dec. 19, 1997; amended, T-102-7-8-99, July 8, 1999; amended Oct. 29, 1999; amended July 11, 2003; amended Dec. 19, 2008.)

Kan. Admin. Regs. § 102-4-11 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1987 Supp. 74-5370; effective, T-102-2-23-89, Feb. 23, 1989; effective April 3, 1989; revoked Dec. 19, 1997.)

Kan. Admin. Regs. § 102-4-11a Documentation for continuing education

Any of the following original, signed forms of documentation shall be accepted as proof of completion of a continuing education activity:

(a) a passing course grade for an academic credit course;

(b) a statement signed by the instructor and indicating the actual hours attended for an audited academic course;

(e) a copy of the academic course syllabus and verification that the course was presented;

(g) a letter from the board giving approval for retroactive continuing education credit;

(h) written verification from the university practicum or intern instructor or other official training director that the licensee provided supervision of undergraduate or graduate students, or from the supervisee that the licensee provided supervision;

(i) a copy of the self-directed project. This copy shall be submitted to the board for prior evaluation and certification of the number of credit hours to be granted upon the satisfactory completion of the project;

(k) a signed and dated statement from a sponsor, agency administrator, provider or other individual acceptable to the board that verifies the licensee's attendance, participation in, or completion of the continuing education activity.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1996 Supp. 74-7507; implementing K.S.A. 1996 Supp. 74-5365 and 74-5366; effective Dec. 19, 1997.)

Kan. Admin. Regs. § 102-4-12 Unprofessional conduct

(a) Any license may be suspended, limited, conditioned, qualified, restricted, revoked, not issued, or not renewed upon a finding that unprofessional conduct has occurred.

(b) Any of the following acts by a licensed master's level psychologist, a licensed clinical psychotherapist, or an applicant for licensure at the master's level of psychology shall constitute unprofessional conduct:

(1) Obtaining or attempting to obtain a license or registration for oneself or another by means of fraud, bribery, deceit, misrepresentation, or concealment of a material fact;

(2) except when such information has been obtained in the context of confidentiality, failing to notify the board, within a reasonable period of time, that any person regulated by the board or applying for a license or registration, including oneself, has met any of the following conditions:

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

(C) has been demoted, terminated, suspended, reassigned, or asked to resign from employment, or has resigned from employment, for some form of misfeasance, malfeasance, or nonfeasance;

(D) has been convicted of a crime; or

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

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

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

(5) having been convicted of a crime resulting from or relating to the licensee's practice of master's level psychology;

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

(10) offering to perform or performing services clearly inconsistent or incommensurate with one's training, education, or experience or with accepted professional standards;

(11) treating any client, student, or supervisee in a cruel manner;

(12) discriminating against any client, student, or supervisee on the basis of color, race, gender, religion, national origin, or disability;

(13) failing to advise and explain to each client the respective rights, responsibilities, and duties involved in the professional relationship;

(14) failing to provide each client with a description of what the client can expect in the way of services, consultation, reports, fees, billing, therapeutic regimen, or schedule, or failing to reasonably comply with the description;

(15) failing to provide each client with a description of the possible effects of the proposed treatment when the treatment is experimental or when there are clear and known risks to the client;

(16) failing to inform each client, supervisee, or student of any financial interests that might accrue to the master's level psychologist or clinical psychotherapist from referral to any other service or from the use of any tests, books, or apparatus;

(17) failing to inform each client that the client is entitled to the same services from a public agency if one is employed by that public agency and also offers services privately;

(18) failing to provide each client or the client's legal representative with access to the client's records following the receipt of a formal written request, unless the release of this information is restricted or exempted by law, or when the disclosure of this information is precluded for a sufficiently compelling reason;

(19) failing to inform each client, supervisee, or student of the limits of client confidentiality, the purposes for which the information is obtained, and the manner in which the information may be used;

(20) 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 when at least one of these conditions is met:

(A) Disclosure is required or permitted by law;

(B) failure to disclose the information presents a clear and present danger to the health or safety of an individual or the public; or

(C) the master's level psychologist or clinical psychotherapist is a party to a civil, criminal, or disciplinary investigation or action arising from the practice of psychology, in which case disclosure is limited to that action;

(21) failing to obtain written, informed consent from each client, or the client's legal representative or representatives, before performing any of the following actions:

(A) Electronically recording sessions with that client;

(B) permitting a third-party observation of their activities; or

(22) failing to protect the confidences of, secrets of, or information concerning other persons when providing a client with access to that client's records;

(23) failing to exercise due diligence in protecting the information regarding and the confidences and secrets of the client from disclosure by other persons in one's work or practice setting;

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

(25) using alcohol or illegally using any controlled substance while performing the duties or services of a master's level psychologist or clinical psychotherapist;

(26) making sexual advances toward or engaging in physical intimacies or sexual activities with one's client, supervisee, or student;

(27) making sexual advances toward, engaging in physical intimacies or sexual activities with, or exercising undue influence over any person who, within the past 24 months, has been one's client;

(28) exercising undue influence over any client, supervisee, or student, including promoting sales of services or goods, in a manner that will exploit the client, student, or supervisee for the financial gain, personal gratification, or advantage of oneself or a third party;

(29) directly or indirectly offering or giving to a third party or soliciting, receiving, or agreeing to receive from a third party any fee or other consideration for the referral of the client or in connection with the performance of psychological or other professional services;

(30) directly receiving or agreeing to receive a fee or any other consideration from a client or from any third party for or in connection with the performance of psychological services, other than from an authorized employer in an employment situation as specified in this act;

(31) soliciting or assuming professional responsibility for clients of another agency or colleague without attempting to coordinate continuity of client services with that agency or colleague;

(32) making claims of professional superiority that one cannot substantiate;

(33) guaranteeing that satisfaction or a cure will result from the performance of psychological services;

(34) claiming or using any secret or special method of treatment or techniques that one refuses to disclose to the board;

(35) continuing or ordering tests, procedures, or treatments or using treatment facilities or services not warranted by the condition, best interests, or preferences of the client;

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

(A) Contains adequate identification of the client;

(B) indicates the client's initial reason for seeking the master's level psychologist's or clinical psychotherapist's services;

(D) summarizes the intervention, treatment, tests, procedures, and services that were obtained, performed, ordered, or recommended and the findings and results of each;

(E) documents the client's progress during the course of intervention or treatment provided by the master's level psychologist or clinical psychotherapist;

(F) is legible;

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

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

(I) describes the manner and process by which the professional relationship terminated;

(37) taking credit for work not personally performed, whether by giving inaccurate or misleading information or by failing to disclose accurate or material information;

(38) if engaged in research, failing to fulfill these requirements:

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

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

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

(39) making or filing a report that one knows to be false, distorted, erroneous, incomplete, or misleading;

(40) failing to notify the client promptly when termination or interruption of service to the client is anticipated;

(41) 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;

(42) abandoning employment under circumstances that seriously impair the delivery of professional care to clients and without providing reasonable notice to the employer;

(43) failing to terminate the master's level psychology or clinical psychotherapy services when it is apparent that the relationship no longer serves the client's needs or best interests;

(44) if the master's level psychologist or clinical psychotherapist is the owner or custodian of client records, failing to retain those records for at least two years after the date of termination of the professional relationship, unless otherwise provided by law;

(45) supervising in a negligent manner anyone for whom one has supervisory responsibility;

(46) failing to inform a client if master's level psychology or clinical psychotherapy services are provided or delivered under supervision;

(47) engaging in a dual relationship with a client, student, or supervisee;

(48) failing to inform the proper authorities as required by K.S.A. 38-2223, and amendments thereto, that one knows or has reason to believe that a client has been involved in harming or has harmed a child, whether by physical, mental, or emotional abuse or neglect or by sexual abuse;

(49) failing to inform the proper authorities as required by K.S.A. 39-1402, and amendments thereto, that one knows or has reason to believe that any of the following circumstances apply to a resident, as defined by K.S.A. 39-1401(a) and amendments thereto:

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

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

(50) failing to inform the proper authorities as required by K.S.A. 39-1431, and amendments thereto, that one knows or has reason to believe that any of the following circumstances apply to an adult, as defined in K.S.A. 39-1430 and amendments thereto:

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

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

(51) intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing the filing of a report or record required by state or federal law, or inducing another person to take any of those actions;

(52) offering to perform or performing any service, procedure, or therapy that, by the accepted standards of professional practice in the community, would constitute experimentation on human subjects without first obtaining the full, informed, and voluntary written consent of the client or the client's legal representative or representatives;

(53) practicing master's level psychology or clinical psychotherapy in an incompetent manner;

(54) practicing as a master's level psychologist or clinical psychotherapist after one's license expires;

(55) using without a license, or continuing to use after the expiration of a license, any title or abbreviation prescribed by law for use solely by persons currently holding that type or class of license;

(56) offering to provide or providing services in an employment situation other than that which is permitted by K.S.A. 74-5362, and amendments thereto, as an independent, contract, or private provider of psychological services;

(57) practicing without adequate direction from a person authorized in K.S.A. 74-5362 and amendments thereto; and

(58) violating any provision of this act or any regulation adopted under the act.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 74-7507; implementing K.S.A. 74-5362 and K.S.A. 2007 Supp. 74-5369; effective Dec. 19, 1997; amended Jan. 9, 2004; amended Aug. 8, 2008.)

Kan. Admin. Regs. § 102-4-13 Use of computerized psychological tests

(a) To utilize computers in any aspect of psychological testing, each master's level psychologist shall consider each of the following issues in testing each client:

(1) whether or not a particular test is appropriate for a particular client;

(2) whether or not the computerized version of a test is appropriate for use by a particular client;

(3) whether or not the evaluation, validity, and reliability of the decision rules underlying interpretive statements and their supporting research are effective and adequate;

(4) whether or not the integration of findings is correct; and

(5) whether or not the conclusions and recommendations are appropriate.

(b) To utilize computers in any aspect of psychological testing, the master's level psychologist shall also meet all of the following requirements:

(1) Conform to the "standards for educational and psychological testing," as copyrighted by the American psychological association in 1985 and reprinted in July 1996, that are hereby adopted by reference;

(2) not use the results of a computerized test in decision making about clients or make such results part of official client records, unless the results are signed by the master's level psychologist utilizing the test;

(3) be involved in a direct, supervisory, or consultative relationship to the client or to those persons using test findings for decision making regarding the client;

(4) assume the same degree of responsibility for the validity and reliability of interpretive statements and soundness of inferences, judgments, and recommendations based on computer-generated test results as would be assured if the master's level psychologist had personally examined the client; and

(5) make an explicit statement concerning the report as to whether or not the master's level psychologist has seen or examined the client in person.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1996 Supp. 74-7507; effective Dec. 19, 1997.)

Kan. Admin. Regs. § 102-4-14 Licensee consult with physician when determining symptoms of mental disorders

(a) "Consult," as used in K.S.A. 74-5362 and K.S.A. 74-5363, and amendments thereto, shall be defined as contact made by the licensee with the appropriate medical professional for the purpose of promoting a collaborative approach to the client's care and informing the medical professional of the client's symptoms. This contact shall not be intended to accomplish confirmation of diagnosis. The timing of any such action by the licensee shall be managed in a way that enhances the progress of assessment, diagnosis, and treatment. This consult may or may not be completed in the initial session of service delivery.

(d) A physician consult shall not be required beyond the procedures for medical involvement as established by the qualifying agency if a licensee is practicing in any of the following:

(1) A licensed community mental health center or its affiliate;

(2) an agency of the state that provides mental health, rehabilitative, or correctional services; or

(3) an agency licensed by the state for providing mental health, rehabilitative, or correctional services.

(e) If a licensee is offering services that do not include diagnosis and treatment of a mental disorder, a physician consult shall not be required.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 1999 Supp. 74-5362, as amended by L. 1999, Ch. 117, Sec. 30 and K.S.A. 1999 Supp. 74-5363, as amended by L. 1999, Ch. 117, Sec. 32; effective Aug. 4, 2000.)

Kan. Admin. Regs. § 102-4-15 Designation of referral source for use in the diagnosis and treatment of mental disorders

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-5361, 74-5363, and 74-7507; implementing K.S.A. 74-5363; effective Aug. 4, 2000; amended April 22, 2005; amended March 15, 2019.)

Kan. Admin. Regs. § 102-4-16 Services rendered to individuals located in this state

Except as authorized by K.S.A. 74-5373, and amendments thereto, each person, regardless of the person's location, who engages in either of the following activities shall be deemed to be engaged in the practice of master's level psychology or clinical psychotherapy in this state and shall be required to have a license, issued by the board, to practice psychology as a licensed clinical psychotherapist or licensed master's level psychologist:

(a) performs any act included in subsection (a) of K.S.A. 74-5361, and amendments thereto, on or for one or more individuals located in this state; or

(b) represents oneself to be a master's level psychologist or clinical psychotherapist available to perform any act included in subsection (a) of K.S.A. 74-5361, and amendments thereto, on or for one or more individuals located in this state.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-5370 and K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 1999 Supp. 74-5371, as amended by L. 1999, Ch. 117, § 35; effective May 11, 2001.)

Article 5 Licensing of Marriage and Family Therapists

Kan. Admin. Regs. § 102-5-1 Definitions

Each of the following terms, as used in this article of the board's regulations, shall have the meaning specified in this regulation:

(a) "Academic equivalent of a semester credit hour," as used in K.A.R. 102-5-3, means the prorated proportionate credit for formal academic coursework when that coursework is completed on the basis of trimester or quarter hours rather than semester hours.

(b) "Client" means a person who is a direct recipient of marriage and family therapy services.

(c) "Clinical marriage and family therapy practice" means the professional application of marriage and family therapy theory and methods to the treatment and prevention of psychosocial dysfunction, disability, or impairment, including behavioral, emotional, and mental disorders. Clinical marriage and family therapy shall include the following:

(1) Assessment;

(2) diagnosis of mental disorders;

(3) planning of treatment, which may include psychotherapy and counseling;

(4) treatment intervention directed to interpersonal interactions, intrapsychic dynamics, and life management issues;

(5) consultation; and

(6) evaluation, referral, and collaboration.

(e) "Consultation" means a voluntary, professional relationship in which the consultant offers the consultant's best advice and expertise that the consultee can either accept or reject and in which the supervision objectives and requirements, as established in K.A.R. 102-5-7a, are lacking. Marriage and family therapy consultation shall not be substituted for supervision.

(f) "Continuing education" means programs or activities that are designed and have content intended to enhance the therapist's knowledge, skill, values, ethics, and ability to practice as a marriage and family therapist or as a clinical marriage and family therapist.

(g) "Direct client contact" means the provision of marriage and family therapy services to a client or clients in an individual, family, or group format with interaction being conducted in person or remotely with real-time, two-way interactive audio, visual, or audiovisual communications, including the application of videoconferencing, in which confidentiality is protected. Interaction that includes electronic mail, instant messaging, texting, or facsimile shall not be considered direct client contact.

(1) Familial;

(2) sexual;

(3) emotional; or

(4) financial.

(i) "Extenuating circumstances" means any condition or situation 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; or

(2) the inadvisability of requiring the person to comply with the requirements of this regulation.

(j) "Group format," for the purposes of clinical practicum supervision, means face-to-face, simultaneous supervision with not more than six supervisees.

(k) "Individual format," for the purposes of clinical practicum supervision, means face-to-face supervision with one supervisor and one supervisee.

(l) "Job orientation" and "on-the-job training" mean a training program or presentation of information that is so specific to a particular job or employment position that it bears no generalization to any other work setting.

(m) "Malfeasance" means doing an act that a licensee should not do.

(n) "Marriage and family therapy 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 marriage and family therapy.

(o) "Merits the public trust" means that an applicant or licensee possesses the high standard of good moral character and fitness that is required to practice marriage and family therapy 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 nation;

(9) self-discipline;

(10) self-evaluation;

(11) initiative; and

(12) commitment to the marriage and family therapy profession and its values and ethics.

(p) "Misfeasance" means the improper performance of a lawful act by a licensee.

(q) "Nonfeasance" means the omission of an act that a licensee should do.

(r) "One hour" means either of the following:

(1) One period of 50-60 continuous minutes; or

(2) two periods of 25-30 continuous minutes each.

(s) "One year of professional experience" means a total of 1,500 clock-hours of postgraduate supervised experience in marriage and family therapy.

(t) "Practice setting" means the public or private marriage and family therapy service agency or delivery system within which marriage and family therapy is practiced or marriage and family therapy services are delivered.

(u) "Practicum or its equivalent" means a formal component of the academic curriculum in the marriage and family therapy or a related field educational program that includes the following components:

(1) Engages the student in supervised marriage and family therapy practice; and

(2) provides the student with opportunities to apply classroom learning to actual marriage and family therapy practice situations in the field setting.

(v) "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 prior-approved continuing education number;

(2) any program offered by a provider with approved-provider status; or

(3) academic marriage and family therapy courses that are either audited or taken for credit.

(w) "Related field" means a degree program in the helping professions and may include any of the following:

(1) Social work;

(2) psychology;

(3) counseling;

(4) healing arts;

(5) nursing;

(6) education;

(7) human development and family studies; or

(8) theology.

(x) "Semester credit hour," as used in K.A.R. 102-5-3, means at least 13 clock-hours of formal, didactic classroom instruction that occurred over the course of an academic semester and for which the applicant received formal graduate academic credit.

(y) "Termination of a marriage and family therapy relationship" means the end of the professional relationship that results from any of the following actions or situations:

(1) The mutual consent of the therapist and client;

(2) the completion of therapy;

(3) dismissal of the therapist by the client;

(4) dismissal of the client by the therapist; or

(5) the transfer of the client to another professional for active treatment or therapy with the belief that treatment will continue.

(z) "Under direction" means the formal relationship between the individual providing direction and the licensed marriage and family therapist in which both of the following conditions are met:

(1) The directing individual provides the licensee, commensurate with the welfare of the client and the education, training, and experience of the licensee, with the following:

(A) Professional monitoring and oversight of the marriage and family therapy services provided by the licensee;

(B) regular and periodic evaluation of treatment provided to clients by the licensee; and

(2) The licensee receiving direction provides the board, with each license renewal, with the following:

(A) The name, identifying information, and type of license of the directing individual;

(B) a description of the work setting and the marriage and family therapy services conducted under direction; and

(C) documentation that direction was given, including dates, location, and length of time as verified by the directing individual.

(aa) "Undue influence" means the misuse of one's professional position of confidence, trust, or authority over a client or supervisee or the taking advantage of a client's vulnerability, weakness, infirmity, or distress for either of the following purposes:

(1) To improperly influence or change a client's or supervisee's actions or decisions; or

(2) to exploit a client or supervisee for the therapist's or a third party's financial gain, personal gratification, or advantage.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-7507; effective March 29, 1993; amended Dec. 19, 1997; amended Aug. 4, 2000; amended Dec. 16, 2022.)

Kan. Admin. Regs. § 102-5-2 Fees

(a) Each applicant or licensee shall pay the appropriate fee or fees as follows:

(1) Application for a marriage and family therapist license, $50;

(2) application for a clinical marriage and family therapist license, $50;

(3) application for a board-approved clinical supervisor, $20;

(4) community-based marriage and family therapist license, $50;

(5) original marriage and family therapist license, $150;

(6) original clinical marriage and family therapist license, $150;

(7) renewal of a marriage and family therapist license, $100;

(8) renewal of a clinical marriage and family therapist license, $125;

(9) replacement of a marriage and family therapist or a clinical marriage and family therapist license, $20;

(10) replacement of a marriage and family therapist or a clinical marriage and family therapist wallet card license, $2;

(11) reinstatement of a marriage and family therapist license, $100;

(12) reinstatement of a clinical marriage and family therapist license, $125;

(13) reinstatement temporary license, $25;

(14) temporary marriage and family therapist license, $50;

(15) temporary permit for an out-of-state licensed independent clinical marriage and family therapist, $200; or

(16) temporary permit for an out-of-state licensed independent clinical marriage and family therapist extension, $200.

(b)(1) Each applicant for renewal of a marriage and family therapist license after the license's expiration, if the license has been expired for less than one year, date shall pay the renewal fee in addition to the late renewal penalty of $100;

(2) Each applicant for renewal of a marriage and family therapist license after the license's expiration, if the license has been expired for less than one year, date shall pay the renewal fee of $100.

(c)(1) Each applicant for renewal of a clinical marriage and family therapist license after the license's expiration, if the license has been expired for less than one year, date shall pay the renewal fee in addition to the late renewal penalty of $125;

(2) Each applicant for renewal of a clinical marriage and family therapist license after the license's expiration date, if the license has been expired for more than one year, shall pay the renewal fee of $125.

(d) Each applicant for an expedited application shall pay $100, as well as the application fee of $50.

(e) Fees paid to the board shall not be refundable.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by 2023 Sub for SB 131, sec. 2, K.S.A. 2022 Supp. 65-6405a, K.S.A. 2022 Supp. 65-6411, as amended by Sub for SB 131, sec. 11, and K.S.A. 74-7507; implementing 2023 Sub for SB 131, sec. 2, K.S.A. 2022 Supp. 65-6405, as amended by Sub for SB 131, sec. 17, K.S.A. 65-6405a, and K.S.A. 65-6411, as amended by Sub for SB 131, sec. 11; effective March 29, 1993; amended Aug. 23, 1993; amended Aug. 4, 1995; amended Oct. 24, 1997; amended Aug. 4, 2000; amended July 1, 2005; amended, T-102-7-2-07, July 2, 2007; amended Nov. 30, 2007; amended March 8, 2019; amended, T-102-7-17-23, July 17, 2023; amended Nov. 17, 2023.)

Kan. Admin. Regs. § 102-5-3 Education requirements

(a) Definitions. For purposes of this regulation, 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:

(B) is an individual whose primary professional employment is at the institution in which the program is housed; and

(b) Each applicant for licensure shall have earned a master's or doctoral degree that meets the standards in subsection (c), (e), or (f).

(c) To qualify for licensure with a master's or doctoral degree from a marriage and family therapy program, both of the following requirements shall be met:

(1) The college or university at which the applicant completed a master's or doctoral degree in marriage and family therapy shall be regionally accredited, with accreditation standards equivalent to those in Kansas.

(2) The marriage and family therapy program through which the applicant completed a master's or doctoral degree either shall be accredited by the commission on accreditation for marriage and family therapy education or shall meet the standards set out in subsection (d).

(d) Each marriage and family therapy program that is not accredited by the commission on accreditation for marriage and family therapy education shall meet all of these conditions:

(1) The program requires satisfactory completion by the applicant of a marriage and family therapy practicum, or its equivalent, that is provided by the program and that fulfills these conditions:

(A) Is a part-time clinical experience that integrates didactic learning with clinical experience and that is completed concurrently with didactic coursework at a typical rate of five to 10 hours of direct client contact per week;

(B) consists of at least 300 total hours of client contact; and

(C) includes at least 60 total hours of supervision that is provided by the program's core faculty and off-site supervisors. The practicum shall provide a minimum of 30 supervised hours in an individual format and no more than 30 supervised hours in a group format. Supervision shall occur at least once a week.

(2) The program requires that each marriage and family therapy student successfully complete a minimum of nine graduate semester credit hours, or the academic equivalent, in each of the following substantive content areas:

(A) Human development and family study courses in which the interplay between interpersonal and intrapersonal development is stressed and issues of gender, ethnicity, and ecosystems are addressed as they relate to human development. These courses may include studies in sexuality, sexual functioning, sexual identity, sexism, stereotyping, and racism;

(B) theoretical foundations of marital and family functioning courses, including an overview of the historical development of systems theory and cybernetics, a study of the life cycle of the family, and a study of family processes and the modification of family structures over time. These courses may include studies in the birth of the first child, adolescent sexual development, death of a family member, and issues of context, including gender and ethnicity; and

(C) marital and family assessment and therapy courses that underscore the interdependence between diagnosis or assessment and treatment by ensuring that students can use appropriate assessment instruments and methods within a systemic context. These courses shall provide a thorough understanding of the major theoretical models of systemic change, including structural, strategic, intergenerational, contextual, experiential, systemic, and behavioral theories. These courses also shall teach the principles and techniques evolving from each theory. In addition, the courses shall identify the indications and contraindications for use of each theory or technique, and shall address the rationale for intervention, the role of the therapist, and the importance of considering gender and ethnicity in selecting and using assessment and treatment methods.

(3) The program requires that each marriage and family therapy student successfully complete a minimum of three graduate semester credit hours, or the academic equivalent, in each of the following substantive content areas:

(A) A professional study course that contributes to the development of a professional attitude and identity by examining the role of professional socialization, professional organizations, licensure and certification, the code of ethics, the legal responsibilities and liabilities of clinical practice and research, and interprofessional cooperation, as these topics relate to the profession and practice of marriage and family therapy. A generic course in ethics shall not be considered appropriate for this area of study; and

(B) a research course in which students gain an understanding of research methodology, data analysis, computer research skills, and evaluation and critical examination of professional research reports. The emphasis of the course shall be placed on the quantitative and qualitative research that is relevant to marriage and family therapy.

(4) The program requires that at least 50% of the coursework for the degree be completed "in residence" at one institution, and the required practicum shall be completed at the same institution.

(e) To qualify for licensure with a master's or doctoral degree in a related field, both of the following requirements shall be met:

(1) The college or university at which the applicant completed a master's or doctoral degree in a related field shall be regionally accredited, with accreditation standards equivalent to those in Kansas.

(2) To be considered equivalent to a marriage and family therapy program, the related-field degree program shall have provided and the applicant shall have completed the requirements of subsection (d).

(f) To qualify for licensure with a master's or doctoral degree in a related field with additional coursework in marriage and family therapy, both of the following requirements shall be met:

(2) The marriage and family therapy program through which the applicant obtained additional coursework in marriage and family therapy either shall be accredited by the commission on accreditation for marriage and family therapy education or shall meet the standards approved by the board as set out in subsection (d).

(g) Each applicant for licensure as a clinical marriage and family therapist whose master's or doctoral degree is earned on or after July 1, 2003 shall meet the following education requirements:

(1) A graduate degree as required by the board for licensure as a licensed marriage and family therapist in accordance with subsection (c), (e), or (f); and

(2) in addition to or as a part of the academic requirements for the graduate degree, completion of 15 graduate semester credit hours, or the academic equivalent, supporting diagnosis and treatment of mental disorders using the "diagnostic and statistical manual of mental disorders" as specified in K.A.R. 102-5-14. Three of the 15 semester credit hours, or the academic equivalent, shall consist of a discrete academic course with the primary and explicit focus of psychopathology and the diagnosis and treatment of mental disorders as classified in the "diagnostic and statistical manual of mental disorders." The remaining 12 graduate semester credit hours, or their academic equivalent, shall consist of academic courses with the primary and explicit focus of diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches, and professional ethics or other coursework that specifically contains identifiable, equivalent instruction. The 15 graduate semester credit hours shall be from an educational institution and graduate degree program meeting the requirements described in subsection (c), (e), or (f).

(h) The following activities shall not be substituted for or counted toward any of the education or supervised experience requirements set out in subsections (b) through (g):

(1) Academic courses that the applicant completed as a part of or in conjunction with undergraduate degree requirements;

(2) independent studies;

(3) thesis or independent research courses;

(4) academic coursework that has been audited rather than graded;

(5) academic coursework for which the applicant received an incomplete or a failing grade;

(6) graduate or postgraduate coursework or experiential training provided by colleges, universities, institutes, or training programs that do not qualify under subsection (c), (e), or (f); and

(7) continuing education, an in-service activity, or on-the-job training.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2023 Supp. 65-6404 and K.S.A. 74-7507; implementing K.S.A. 2023 Supp. 65-6404; effective March 29, 1993; amended Dec. 19, 1997; amended July 7, 2003; amended Oct. 27, 2006; amended April 15, 2011; amended June 21, 2024.)

Kan. Admin. Regs. § 102-5-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1991 Supp. 74-7507(j) and implementing K.S.A. 1991 Supp. 65-6404; effective March 29, 1993; revoked Dec. 19, 1997.)

Kan. Admin. Regs. § 102-5-4a Applications for licensure

(a) Each applicant for licensure as a marriage and family therapist or a clinical marriage and family therapist shall request the appropriate licensure application forms from the director of the board.

(b) Each applicant for licensure as a marriage and family therapist shall submit the completed application materials to the board and complete the following application procedures:

(1) Submit the full payment of the licensure application fee as provided in K.A.R. 102-5-2;

(2) submit, on board-approved forms, references from three individuals, one of whom shall have provided direct clinical supervision of the applicant's graduate program practicum. If the practicum supervisor is unavailable, the graduate program director or any person who has knowledge of the applicant's practicum experience on the basis of the applicant's practicum records shall submit the reference. Except as specified below in paragraph (b)(2)(B), each individual submitting a reference shall meet all of the following conditions:

(A) Is not related to the applicant;

(B) is authorized by law to practice marriage and family therapy or to practice in a related field. However, this paragraph shall not apply to the individual specified above in paragraph (b)(2) who submits the reference if the practicum supervisor is unavailable; and

(4) demonstrate satisfactory completion of graduate educational requirements as specified in K.A.R. 102-5-3.

(c) Each applicant for licensure as a clinical marriage and family therapist shall submit the completed application materials to the board and complete the following application procedures:

(1) Submit the full payment of the licensure application fee as provided in K.A.R. 102-5-2;

(A) Is not related to the applicant;

(B) is authorized by law to practice marriage and family therapy or to practice in a related field. However, this paragraph shall not apply to the individual specified above in paragraph (c)(2) who submits the reference if the practicum supervisor is unavailable; and

(3) demonstrate that the applicant is licensed by the board as a marriage and family therapist or meets all requirements for licensure as a licensed marriage and family therapist;

(5) demonstrate satisfactory completion of the graduate education requirements specified in K.A.R. 102-5-3; and

(d) The following provisions shall apply to each applicant for licensure as a marriage and family therapist and to each applicant for licensure as a clinical marriage and family therapist:

(3) Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall submit the fee required in K.A.R. 102-5-2 for the original, two-year licensure period.

(4)(A) If any of the following conditions applies to the applicant, the applicant's application shall expire one year from the date on which it was submitted to the board or on the date the applicant's temporary license expires, whichever date is later, except as provided by paragraph (d)(4)(B):

(i) The applicant has not met the qualifications.

(ii) The applicant has not submitted a complete application.

(iii) The applicant has not submitted the original license fee.

(C) Upon expiration of the application, the applicant may submit a new application, the required fee, and all supporting documents, if the applicant wishes to reapply.

(e) Any applicant who is determined by the board to meet the requirements of K.S.A. 65-6405, 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. 102-5-2. Except as provided in paragraphs (e)(1) and (e)(2), the temporary license shall remain in effect for 12 months.

(1)(A) Except as provided in paragraph (e)(1)(B), the temporary license shall expire after six months if the applicant has not taken the examination at least one time.

(B) Any applicant who does not take the examination at least one time during the first six months in which the applicant's temporary license is in effect may request that the temporary license remain in effect for the full 12 months on the basis that extenuating circumstances preclude the applicant from taking the examination during the initial six-month period. 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 end of the initial six-month period. If the request is approved by the board, the applicant's temporary license shall remain in effect for the remaining six months.

(2) Any applicant whose 12-month temporary license is due to expire may request that the temporary license remain in effect for a period of time not to exceed six months on the basis of extenuating circumstances. The applicant shall submit a written request to the board with a detailed explanation of the extenuating circumstances that are the basis of the applicant's request. The written request shall be submitted no later than 30 days before the application expires. If the request is approved by the board, the temporary license shall remain in effect for the period of time stipulated by the board in its approval, which shall not exceed six months.

(f) Any person who has been engaged in the practice of marriage and family therapy as a licensed or registered marriage and family therapist in Kansas at any time within the five years before July 1, 2000, may apply for a license as a clinical marriage and family therapist by submitting transition application materials to the board and completing the following application procedures:

(1) Submit the completed transition application form;

(2) submit the full payment of the licensure application fee as provided in K.A.R. 102-5-2;

(3) demonstrate that the applicant held a Kansas license or registration as a marriage and family therapist in good standing at any time during the five years immediately before July 1, 2000; and

(4) demonstrate competence to diagnose and treat mental disorders by documenting completion of at least two of the three following requirements:

(ii) passage of the national marriage and family therapy competency examination as specified by K.A.R. 102-5-5 at the time of taking the examination;

(B) three years of clinical practice, including at least eight hours of client contact per week for at least nine months of each year in a community mental health center or its affiliate, a state mental hospital, or any other setting in which the applicant provided clinical services that included diagnosis or treatment of mental disorders; or

(C) one attestation, on a form provided by the board, from a person licensed by the board to diagnose and treat mental disorders at the independent level or a person licensed to practice medicine and surgery that the applicant has demonstrated competence in the diagnosis or treatment of mental disorders.

(1) The person's inability to comply with the requirements of this regulation within the timeframes established by this regulation or K.S.A. 65-6405, 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. 65-6405, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2005 Supp. 74-7507; implementing K.S.A. 65-6404, K.S.A. 65-6405, as amended by 2006 SB 470, §3, and K.S.A. 65-6411; effective Dec. 19, 1997; amended Aug. 4, 2000; amended Aug. 13, 2004; amended, T-102-7-5-06, July 5, 2006; amended Oct. 27, 2006.)

Kan. Admin. Regs. § 102-5-4b Application for licensure based on reciprocity

(a) Each individual who wishes to be licensed as a marriage and family therapist or a clinical marriage and family therapist based on reciprocity, as provided by K.S.A. 65-6406 and amendments thereto, shall submit an application for licensure in accordance with the provisions of this regulation.

(b) Each applicant for licensure as a marriage and family therapist 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. 102-5-2.

(2) The applicant shall forward to the licensing agency for the jurisdiction in which the applicant currently licensed, certified, or registered as a marriage and family therapist a form provided by the board on which the licensing agency is to provide the following documentation:

(A) Verification that the applicant currently holds a valid license, registration, or certification to practice marriage and family therapy issued by the licensing agency;

(B) the date on which the applicant was initially licensed, registered, or certified as a marriage and family therapist by the licensing agency and a complete history of each subsequent renewal, reinstatement, and lapse in licensure, registration, or certification. If an applicant is seeking licensure based on reciprocity under the provisions of paragraph (a)(2) of K.S.A. 65-6406 and amendments thereto, the applicant shall ensure that documentation covering the five continuous years of licensure, registration, or certification as a marriage and family therapist that immediately precede the date of the application is submitted to the board by the licensing agency for each jurisdiction in which the applicant was licensed, registered, or certified during that five-year period;

(D) either verification that the standards for licensure, certification, or registration as a marriage and family therapist in that jurisdiction are substantially equivalent to the standards in Kansas or verification that the applicant has earned a master's degree in marriage and family therapy, the date on which the applicant earned the degree, and the name of the university or college granting the degree.

The completed form shall be returned to the board by the licensing agency and shall not be forwarded to the applicant.

(3) If the applicant is seeking licensure based on reciprocity under the provisions of paragraph (a)(2) of K.S.A. 65-6406, and amendments thereto, rather than on the basis that the standards for licensure, registration, or certification are substantially equivalent to the standards for licensure as a marriage and family therapist 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 marriage and family therapy an average of at least 15 hours per week for nine months during each of the five years immediately preceding the date of application for licensure based on reciprocity; and

(B) if the licensing agency does not provide verification that the applicant holds a master's degree in marriage and family therapy, an original transcript sent directly from the university or college granting the degree that identifies all applicable graduate coursework and the date on which the applicant was granted a master's degree in marriage and family therapy.

(c) In addition to complying with the requirements of subsection (b), each applicant for licensure as a clinical marriage and family therapist shall demonstrate competence to diagnose and treat mental disorders by submitting at least two of the following three forms of documentation:

(1)(A) A transcript sent directly from a regionally accredited university or college documenting satisfactory completion of 15 graduate credit hours supporting diagnosis or treatment of mental disorders using the diagnostic and statistical manual of mental disorders as specified in K.A.R. 102-5-14. Three of the 15 credit hours shall consist of a discrete academic course with the primary and explicit focus of psychopathology and the diagnosis and treatment of mental disorders as classified in the diagnostic and statistical manual of mental disorders. The remaining 12 graduate credit hours shall consist of academic courses with the primary and explicit focus of diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches, and professional ethics, or coursework that specifically contains identifiable, equivalent instruction; or

(2) one or both of the following types of documentation, which shall cover periods of time totaling at least three years:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-6406, as amended by L. 2003, Ch. 129, Sec. 4, K.S.A. 74-7507; implementing K.S.A. 65-6406, as amended by L. 2003, Ch. 129, Sec. 4, K.S.A. 65-6408 and 65-6411; effective, T-102-7-1-03, July 1, 2003; effective Oct. 31, 2003.)

Kan. Admin. Regs. § 102-5-5 Examination for marriage and family therapist or clinical marriage and family therapist

(a) Each applicant for licensure with examination shall take a nationally administered, standardized written examination approved by the board.

(b)(1) Any applicant may submit an application for licensure as provided by K.A.R. 102-5-4a only if the applicant has completed the applicable academic degree requirements or is expected to complete those requirements within four months of the date on which the application is submitted. Each applicant who has not completed the applicable academic degree requirements on the date that the application is submitted shall arrange for the required transcripts to be sent to the board at the time the academic degree is awarded to the applicant.

(2) If the board determines that the applicant has met the applicable academic degree requirements or is likely to meet those requirements within four months of the date on which the application was submitted, the applicant shall be notified by the board that the applicant is eligible to register for the written examination with the examination service that administers the examination.

(c) The written examination may be waived by the board if the applicant successfully passed, at a level equal to or greater than the criterion-referenced cutoff score, a standardized written examination that the board deems to be substantially equivalent to the examination approved by the board.

(d) For an applicant to be licensed as a marriage and family therapist, the minimum passing score shall be a score of 12 items below the criterion-referenced pass point statistically established by the examination service, based on a 200-item examination.

(e) For an applicant to be licensed as a clinical marriage and family therapist, the minimum passing score shall be the criterion-referenced pass point statistically established by the examination service.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2004 Supp. 74-7507; implementing K.S.A. 65-6404; effective March 29, 1993; amended Dec. 19, 1997; amended Aug. 4, 2000; amended March 10, 2006.)

Kan. Admin. Regs. § 102-5-6 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1991 Supp. 74-7507(j); implementing K.S.A. 1991 Supp. 65-6406; effective March 29, 1993; revoked Dec. 19, 1997.)

Kan. Admin. Regs. § 102-5-6a Licensure without examination

(a) On or after January 1, 1997 and before July 1, 1998, an applicant may qualify for licensure as a marriage and family therapist without examination by submitting an application, license application fee, and all supporting documents that demonstrate that, at the time of application, the applicant meets the educational and experience requirements of either paragraph (1) or paragraph (2).

(1) To qualify for licensure without examination under this paragraph, an applicant shall fulfill these requirements:

(A) have completed the education requirements provided in subsection (a), subsection (b), or subsection (c) of K.A.R. 102-5-3;

(B) have satisfied the professional supervised experience requirements provided in K.A.R. 102-5-7a;

(C) have practiced postgraduate marriage and family therapy continuously for five years immediately before application, as demonstrated by the applicant's attestation that the applicant averaged eight client contact hours per week for at least nine months out of each of the five years immediately before application; and

(D) be given proportionate credit under this subsection toward the requirement of five years of continuous practice of marriage and family therapy, when the applicant successfully completes any portion of the postgraduate supervised experience that occurred within the five years immediately before application.

(2) To qualify for licensure without examination under this paragraph, an applicant shall meet these conditions:

(A) have completed a graduate degree in a related field as defined in K.A.R. 102-5-1(o);

(B) have practiced postgraduate marriage and family therapy continuously for five years immediately before application for licensure. The applicant shall demonstrate the five years of continuous practice by submitting the following:

(i) an attestation that the applicant averaged eight client contact hours per week for at least nine months out of each of the five years immediately before application;

(ii) attestations on board-approved forms from at least two persons who are not related to the applicant, who are lawfully engaged in the practice of marriage and family therapy or a related field, and who can verify that the applicant is recognized as a professional who has been engaged in the practice of marriage and family therapy; and

(iii) supporting documentation, such as an official job description, a published description of the applicant's professional services as offered to clients, membership in marriage and family therapy professional associations, or participation in marriage and family therapy continuing education activities.

(b) In addition, each applicant for licensure without examination shall submit on board-approved forms, three professional references that attest to the applicant's competency to practice marriage and family therapy. Such references shall be from individuals who are not related to the applicant and who are lawfully authorized to practice marriage and family therapy or to practice in a related field.

(c) Each applicant for licensure without examination shall arrange for the applicant's transcripts covering all applicable graduate college or university course work to be sent directly from each academic institution to the board office. Each applicant who graduated from a college or university outside the United States shall also arrange to have the applicant's transcript translated and evaluated for degree equivalency by a source and in a manner that is acceptable to the board.

(d) When the applicant receives the board's notice that the applicant has satisfied all eligibility requirements for licensure without examination, the applicant shall submit the fee for the original two-year licensure period.

(e) An applicant or a prospective applicant shall not receive a judgment on the applicant's eligibility for licensure until the board receives all application materials and the applicant completes all application procedures.

(f) This regulation shall have no force or effect on or after July 1, 1998.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1996 Supp. 74-7507(j); implementing K.S.A. 1996 Supp. 65-6305, 65-6308, and 65-6411; effective Dec. 19, 1997.)

Kan. Admin. Regs. § 102-5-7 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1991 Supp. 74-7507(j); implementing K.S.A. 1991 Supp. 65-6404; effective March 29, 1993; revoked April 17, 1998.)

Kan. Admin. Regs. § 102-5-7a Professional postgraduate supervised experience requirement for a clinical marriage and family therapist

In order to be approved by the board for licensure as a clinical marriage and family therapist, the applicant's postgraduate supervised professional experience of marriage and family therapy, totaling 3,000 hours of professional experience inclusive of 1,500 hours of direct client contact, shall meet all of the following requirements:

(1) At least 50 hours of individual clinical supervision occurring with the supervisor and supervisee;

(2) up to 50 hours of clinical supervision with one supervisor and no more than six supervisees; and

(3) meet for at least one hour twice per month, at least one of which shall be individual supervision.

(b) Each applicant with a doctor's degree in marriage and family therapy or a related field as defined in K.A.R. 102-5-1 shall complete at least one-half of the postgraduate supervised professional experience requirements as follows:

(1) At least 25 hours of individual supervision occurring with the supervisor and supervisee;

(2) up to 25 hours of supervision with one supervisor and no more than six supervisees; and

(3) at least two separate supervisory sessions per month, at least one of which shall be individual supervision.

(c) The clinical supervisor of a person attaining the 3,000 hours of postgraduate supervised professional experience required for licensure as a clinical marriage and family therapist, at the time of providing supervision, shall be a board-approved clinical supervisor and shall meet one of the following provisions:

(1) The clinical supervisor shall be a clinical marriage and family therapist who is licensed in Kansas or is registered, certified, or licensed in another jurisdiction and who has engaged in the independent practice of clinical marriage and family therapy, including the diagnosis and treatment of mental disorders, for at least two years beyond the supervisor's registration, certification, or licensure date as a clinical marriage and family therapist.

(2) Under extenuating circumstances approved by the board, the clinical supervisor may be a person who is registered, certified, or licensed at the graduate level to practice in one of the behavioral sciences and whose authorized scope of practice permits the diagnosis and treatment of mental disorders. The qualifying individual shall not have had less than two years of professional experience in the independent practice of clinical marriage and family therapy beyond the date of the supervisor's registration, certification, or licensure.

(d) In addition to the requirements of subsection (c), each clinical supervisor shall meet these requirements:

(1) Have professional authority over and responsibility for the supervisee's clinical functioning in the practice of marriage and family therapy;

(2) not have a dual relationship with the supervisee;

(3) not be under any sanction from a disciplinary proceeding, unless the board waives this prohibition for good cause shown by the proposed supervisor;

(4) have knowledge of and experience with the supervisee's client population;

(5) have knowledge of and experience with the methods of practice that the supervisee employs;

(6) have an understanding of the organization and the administrative policies and procedures of the supervisee's practice setting; and

(7) be a member of the practice setting staff or meet the requirements of subsection (e).

(1) The supervisor has a solid understanding of the practice setting's mission, policies, and procedures.

(3) The responsibility for payment for supervision is clearly defined.

(4) If the supervisee pays the supervisor directly for the supervision, the supervisor maintains responsibility to the client and to the practice setting.

(f) Each clinical supervisor shall perform the following duties:

(1) Provide oversight, guidance, and direction of the supervisee's clinical practice of marriage and family therapy by assessing and evaluating the supervisee's performance;

(2) conduct supervision as a process distinct from personal therapy, didactic instruction, or marriage and family therapy consultation;

(3) provide documentation of supervisory qualifications to the supervisee;

(4) periodically evaluate the supervisee's clinical functioning;

(5) provide supervision in accordance with the clinical supervision training plan;

(6) maintain documentation of supervision in accordance with the clinical supervision training plan;

(8) provide a level of supervision that is commensurate with the education, training, experience, and ability of both the supervisor and the supervisee; and

(9) ensure that each client knows that the supervisee is practicing marriage and family therapy under supervision.

(1) The supervisory context;

(2) a summary of the anticipated types of clients and the services to be provided;

(3) the format and schedule of supervision;

(4) a plan for documenting the following information:

(A) The date of each supervisory meeting;

(B) the length of each supervisory meeting;

(D) a designation of each supervisory meeting as conducted in the same physical space or otherwise, in the case of emergency; and

(E) an evaluation of the supervisee's progress under clinical supervision;

(5) a plan to notify clients of the following information:

(A) The fact that the supervisee is practicing marriage and family therapy under supervision;

(B) the limits of client confidentiality within the supervisory process; and

(6) the date on which the parties entered into the clinical supervision training plan and the time frame that the plan is intended to encompass;

(8) the supervisee's informed consent for the supervisor to discuss supervision or performance issues with the supervisee's clients, the supervisee's other marriage and family therapy or employment supervisors, the board, or any other individual or entity to which either the supervisee or the supervisor is professionally accountable; and

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 2021 Supp. 65-6404; effective April 17, 1998; amended Oct. 22, 1999; amended Aug. 4, 2000; amended July 7, 2003; amended Aug. 13, 2004; amended Dec. 16, 2022.)

Kan. Admin. Regs. § 102-5-7b Requirements for board-approved clinical supervisor; application

(b) In addition to meeting the requirements in K.S.A. 65-6414 and amendments thereto and K.A.R. 102-5-7a, the licensee shall successfully complete clinical supervision training, which shall be approved by the board and be specific to providing supervision or becoming a supervisor. This training shall include either 15 hours of continuing education in supervision or one semester credit hour of a graduate-level course on supervision or the academic equivalent at an accredited college or university approved by the board, each of which shall cover the following material:

(1) Hands-on supervision, during which time the licensee was supervised by a board-approved clinical supervisor for at least eight hours;

(2) best practices of supervision;

(3) classic and postmodern systemic supervision models;

(4) ethical and legal issues, including risk management;

(5) culture and context in supervision;

(6) structuring supervision;

(7) the importance of a positive working relationship between the supervisor and supervisee; and

(8) Kansas marriage and family therapist statutes and regulations.

(c) Each licensee applying for approval as a clinical supervisor shall obtain the appropriate application forms from the board and submit the completed application materials to the board.

(d) To maintain approval as a clinical supervisor, each approved clinical supervisor shall successfully complete the required continuing education specified in K.S.A. 65-6414, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 65-6414; effective, T-102-5-24-17, May 24, 2017; effective Oct. 6, 2017; amended June 21, 2024.)

Kan. Admin. Regs. § 102-5-8 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1996 Supp. 74-7507(j); implementing K.S.A. 1996 Supp. 65-6407; effective March 29, 1993; amended Dec. 19, 1997; revoked June 8, 2007.)

Kan. Admin. Regs. § 102-5-9 Renewal and reinstatement

(a) To be considered for license renewal, each licensed marriage and family therapist and licensed clinical marriage and family therapist shall submit the following items to the board:

(1) A completed renewal application;

(2) the continuing education reporting form; and

(3) the renewal fee as prescribed in K.A.R. 102-5-2.

(b) If the application for renewal, the continuing education reporting form, and payment of the required fee are not submitted before the date the license expires, the licensee may reinstate the license by paying the required renewal fee, plus the late charge prescribed in K.A.R. 102-5-2, and submitting proof satisfactory to the board that the licensee has complied with the continuing education requirements.

(c) Each individual who holds a marriage and family therapy license or a clinical marriage and family therapy license but who fails to renew the license before its expiration, and who thereafter applies to renew the license, shall indicate on the reinstatement application form whether or not the individual has continued to practice marriage and family therapy in Kansas, or has continued to represent that individual as being a marriage and family therapist in Kansas after the individual's license expired and, if so, under what circumstances.

(d) If the license of any individual has been suspended and the individual thereafter makes an application for license renewal or reinstatement, the individual shall submit the following items:

(1) The completed renewal or reinstatement application form;

(2) the required renewal fee and, if applicable, the late charge set forth in K.A.R. 102-5-2;

(3) proof satisfactory to the board that the individual has complied with the continuing education requirements;

(4) proof satisfactory to the board that the individual has complied with the terms of the suspension; and

(5) any materials, information, evaluation or examination reports, or other documentation that the board may request and that will enable the board to satisfactorily evaluate and determine whether or not the license should be renewed or reinstated. Factors to be considered by the board in determining whether or not the license should be renewed or reinstated shall include the following:

(A) The extent to which the individual presently merits the public trust;

(B) the extent to which the individual demonstrates consciousness of the wrongful conduct that resulted in the license suspension;

(C) the extent of the individual's remediation and rehabilitation in regard to the wrongful conduct that resulted in the license suspension;

(D) the nature and seriousness of the original misconduct;

(E) the individual's conduct after the license suspension;

(F) the time elapsed since the license suspension; and

(G) the individual's present competence in marriage and family therapy knowledge and skills.

(e) If the license of any individual has been revoked and the individual thereafter makes an application for license reinstatement, the individual shall submit the following items:

(1) The completed reinstatement application form;

(2) the required renewal fee and the late charge set forth in K.A.R. 102-5-2;

(3) proof satisfactory to the board that the individual has complied with the continuing education requirements; and

(A) The extent to which the individual presently merits the public trust;

(B) the extent to which the individual has demonstrated consciousness of the wrongful conduct that resulted in the license revocation;

(C) the extent of the individual's remediation and rehabilitation in regard to the wrongful conduct that resulted in the license revocation;

(D) the nature and seriousness of the original misconduct;

(E) the individual's conduct after the license revocation;

(F) the time elapsed since the license revocation; and

(G) the individual's present competence in marriage and family therapy knowledge and skills.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 65-6407 and 65-6411; effective March 29, 1993; amended Dec. 19, 1997; amended July 11, 2003.)

Kan. Admin. Regs. § 102-5-9a Renewal audit

(a) A random audit of the continuing education documentation for 10 percent of the marriage and family therapist licenses and the clinical marriage and family therapist licenses expiring each month shall be conducted by the board.

(b) Each licensee selected for the random audit shall be notified in writing after the board has received the licensee's renewal application form required by K.A.R. 102-5-9.

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

(1) The completed renewal audit forms; and

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

(d) Continuing education units that a renewal applicant earns after board receipt of the renewal application form shall not be approved for continuing education credit for the current renewal period.

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

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-6407 and K.S.A. 2007 Supp. 74-7507; effective Feb. 13, 2009.)

Kan. Admin. Regs. § 102-5-10 Continuing education for licensees

(a) Each licensee shall complete 40 hours of documented and approved continuing education during each two-year renewal period. Continuing education hours accumulated in excess of the required number of hours shall not be carried over to the next renewal period.

(b) During each two-year renewal period as a part of the required continuing education hours, each licensee shall complete a program on professional ethics that consists of at least three hours of formal training. This program shall meet the definition of continuing education in K.A.R. 102-5-1, and the program shall focus on ethical issues of the marriage and family therapy profession. These hours shall be obtained from any of the activities specified in paragraphs (e)(1), (e)(2), (e)(3), (e)(4), (e)(10), and (e)(11).

(c) During each two-year renewal period as a part of the required continuing education hours, each licensee shall complete a program on diagnosis and treatment of mental disorders that consists of at least six hours of formal training. This program shall meet the definition of continuing education in K.A.R. 102-5-1. These hours shall be obtained from any of the activities specified in paragraphs (e)(1), (e)(2), (e)(3), (e)(4), (e)(10), and (e)(11).

(d) Any licensee may receive continuing education credit for attending approved programs. Continuing education credit shall be granted on the basis of the actual contact time that the licensee spends attending each instructional activity. One-quarter continuing education hour may be granted for attending at least 15 but fewer than 25 minutes. Continuing education credit shall not be granted for fractional units of fewer than 15 minutes.

(e) Acceptable continuing education, whether taken within the state or outside the state, shall include the following:

(1) An academic marriage and family therapy course, or an academic course oriented to the enhancement of a marriage and family therapist's practice, values, ethics, skills, or knowledge, that is taken for academic credit. Each licensee shall be granted 15 continuing education hours for each academic credit hour that the licensee successfully completes. The maximum number of allowable continuing education hours shall be 40;

(2) an academic marriage and family therapy course, or an academic course oriented to the enhancement of a marriage and family therapist's practice, values, ethics, skills, or knowledge, that is audited. The licensee may receive continuing education credit on the basis of the actual contact time that the licensee spends attending the course, up to a maximum of 15 hours per academic credit hour. The maximum number of allowable continuing education hours shall be 40;

(3) a seminar, institute, workshop, course, or minicourse. The maximum number of allowable continuing education hours shall be 40;

(4) if a posttest is provided, an activity consisting of completing of 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;

(6) a cross-disciplinary offering in medicine, law, the behavioral sciences, a foreign or sign language, computer science, professional or technical writing, business administration, management sciences, or any other discipline, if the offering is clearly related to the enhancement of a marriage and family therapist's practice, values, ethics, skills, or knowledge. The maximum number of allowable continuing education hours shall be 10;

(7) a self-directed learning project that is preapproved by the board. The maximum number of allowable continuing education hours shall be 10;

(8) providing supervision to undergraduate or graduate practicum or intern students, applicants for licensure as clinical marriage and family therapists, or other clinical mental health practitioners. The maximum number of allowable continuing education hours shall be 15;

(9) receiving supervision from a board-approved clinical supervisor while the licensee is providing supervision to become a board-approved clinical supervisor. The maximum number of allowable continuing education hours shall be eight;

(10) preparing for and presenting for the first time a marriage and family therapy course, seminar, institute, workshop, or mini-course. The maximum number of allowable continuing education hours shall be 10 for documented preparation and presentation time;

(11) the first-time publication of a marriage and family therapy article in a juried professional journal. The maximum number of allowable continuing education hours shall be 10; and

(12) participation in professional organizations or appointment to professional credentialing boards, if the goals of the organizations or boards are clearly related to the enhancement of marriage and family therapy practice, values, ethics, skills, and knowledge. Participation may include holding office or serving on committees of the organization or board. The maximum number of allowable continuing education hours shall be 10.

(f) Approval shall not be granted for identical programs if the programs are completed within the same renewal period.

(g) Approval shall not be granted for any of the following activities:

(1) First aid, CPR, infection control, or occupational health and safety courses;

(2) in-service training, if the training is for job orientation or job training, or is specific to the employing agency; or

(3) any activity for which the licensee cannot demonstrate to the board's satisfaction that the program's goals and objectives are to enhance the licensee's practice, ethics, values, skills, or knowledge in marriage and family therapy.

(h) Each licensee shall maintain individual continuing education records. Continuing education records shall document the licensee's continuing education activity attendance, participation, or completion as specified in K.A.R. 102-5-11. Any licensee may be required to submit these records to the board at least 30 days before the date the individual's license expires.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2023 Supp. 65-6407 and K.S.A. 74-7507; effective March 29, 1993; amended Dec. 19, 1997; amended July 11, 2003; amended June 21, 2024.)

Kan. Admin. Regs. § 102-5-11 Documentation for continuing education

Any of the following original, signed forms of documentation shall be accepted as proof that a licensee has completed a continuing education activity:

(a) a passing course grade for an academic credit course;

(b) a signed statement, by the instructor, of actual contact hours attended for an audited academic course;

(c) a signed statement from the provider of the institute, symposium, workshop, or seminar that the licensee attended the continuing education program;

(d) a copy of the article or book chapter and verification of publication or written presentation at a professional meeting. The licensee shall submit these materials to the board to evaluate and certify the number of hours of credit to be granted;

(e) a copy of the academic course syllabus and verification that the licensee presented the course;

(f) a copy of a letter from the presentation sponsor or a copy of the brochure announcing the licensee as the presenter, the agenda of the presentation, and verification that the licensee presented the workshop, seminar, or program;

(g) a letter from the board giving approval for retroactive continuing education credit;

(i) a copy of the self-directed project. The licensee shall submit this copy to the board to evaluate and certify the number of credit hours that the board will grant; or

(j) the media format, content title, presenter or sponsor, content description, run time, and activity date for each videotape, audiotape, computerized interactive learning module, or telecast that the licensee utilized for continuing education purposes.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1996 Supp. 65-6407; effective March 29, 1993; amended Dec. 19, 1997.)

Kan. Admin. Regs. § 102-5-12 Unprofessional conduct

(a) Any license may be suspended, limited, conditioned, qualified, restricted, revoked, not issued, or not renewed upon a finding by the board that unprofessional conduct has occurred.

(b) Any of the following acts by either a marriage and family therapy licensee or a marriage and family therapy licensure applicant shall constitute unprofessional conduct:

(1) Obtaining or attempting to obtain a license or registration for oneself or another by engaging in fraud, bribery, deceit, misrepresentation, or by concealing a material fact;

(2) except when the information has been obtained in the context of confidentiality, failing to notify the board, within a reasonable period of time, that the licensee or applicant or any other person regulated by the board or applying for licensure or registration has met any of these conditions:

(A) Has had a professional license, certificate, permit, registration, certification, or professional membership granted by any jurisdiction, professional association, or professional organization that has been limited, conditioned, qualified, restricted, suspended, revoked, refused, voluntarily surrendered, or allowed to expire in lieu of or during investigatory or disciplinary proceedings;

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

(C) has been demoted, terminated, suspended, reassigned, or asked to resign from employment, or has resigned from employment, for some form of misfeasance, malfeasance, or nonfeasance;

(D) has been convicted of a crime; or

(E) has practiced the licensee's or registrant's profession in violation of the laws or regulations that regulate the profession;

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

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

(5) having been convicted of a crime resulting from or relating to one's professional practice of marriage and family therapy;

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

(10) offering to perform or performing services clearly inconsistent or incommensurate with one's training, education, or experience or with accepted professional standards;

(11) treating any client, student, or supervisee in a cruel manner;

(12) discriminating against any client, student, or supervisee on the basis of color, race, gender, religion, national origin, or disability;

(13) failing to advise and explain to each client the respective rights, responsibilities, and duties involved in the marriage and family therapy relationship;

(15) failing to provide each client with a description of the possible effects of the proposed treatment when the treatment is experimental or when there are clear and known risks to the client;

(16) failing to inform each client, student, or supervisee of any financial interests that might accrue to the licensee or applicant if the licensee or applicant refers a client, student, or supervisee to any other service or if the licensee or applicant uses any tests, books, or apparatus;

(17) failing to inform each client that the client is entitled to the same services from a public agency if one is employed by that public agency and also offers services privately;

(18) failing to inform each client, student, or supervisee of the limits of client confidentiality, the purposes for which the information is obtained, and the manner in which the information may be used;

(19) revealing information, a confidence, or secret of any client, or failing to protect the confidences, secrets, or information contained in a client's records, except when at least one of these conditions is met:

(A) Disclosure is required or permitted by law;

(B) failure to disclose the information presents a clear and present danger to the health or safety of an individual or the public;

(C) the licensee or applicant is a party to a civil, criminal, or disciplinary investigation or action arising from the practice of marriage and family therapy, in which case disclosure is limited to that action; or

(D) the criteria provided by K.S.A. 65-6410, and amendments thereto, are met;

(20) failing to obtain written, informed consent from each client, or the client's legal representative or representatives, before performing any of these actions:

(A) Electronically recording sessions with that client;

(B) permitting a third-party observation of their activities; or

(21) failing to protect the confidences of, secrets of, or information concerning other persons when providing a client with access to that client's records;

(22) failing to exercise due diligence in protecting the information regarding and the confidences and secrets of the client from disclosure by other persons in one's work or practice setting;

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

(24) using alcohol or illegally using any controlled substance while performing the duties or services of a marriage and family therapist;

(25) making sexual advances toward or engaging in physical intimacies or sexual activities with one's client, student, or supervisee;

(26) making sexual advances toward, engaging in physical intimacies or sexual activities with, or exercising undue influence over any person who, within the past 24 months, has been one's client;

(27) exercising undue influence over any client, student, or supervisee, including promoting sales of services or goods, in a manner that will exploit the client, student, or supervisee for the financial gain, personal gratification, or advantage of oneself or a third party;

(28) directly or indirectly offering or giving to a third party or soliciting, receiving, or agreeing to receive from a third party any fee or other consideration for referring the client or in connection with performing professional services;

(29) permitting any person to share in the fees for professional services, other than a partner, an employee, an associate in a professional firm, or a consultant authorized to practice marriage and family therapy;

(30) soliciting or assuming professional responsibility for clients of another agency or colleague without attempting to coordinate the continued provision of client services by that agency or colleague;

(31) making claims of professional superiority that one cannot substantiate;

(32) guaranteeing that satisfaction or a cure will result from performing or providing any professional service;

(33) claiming or using any secret or special method of treatment or techniques that one refuses to disclose to the board;

(34) continuing or ordering tests, procedures, or treatments or using treatment facilities or services not warranted by the client's condition, best interests, or preferences;

(35) taking credit for work not personally performed, whether by giving inaccurate or misleading information or by failing to disclose accurate or material information;

(36) if engaged in research, failing to fulfill these requirements:

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

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

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

(37) making or filing a report that one knows to be false, distorted, erroneous, incomplete, or misleading;

(38) failing to notify the client promptly when one anticipates terminating or interrupting service to the client;

(39) 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;

(40) abandoning employment under circumstances that seriously impair the delivery of professional care to clients and without providing reasonable notice to the employer;

(41) failing to terminate marriage and family therapy services when it is apparent that the relationship no longer serves the client's needs or best interests;

(42) supervising in a negligent manner anyone for whom one has supervisory responsibility;

(43) when applicable, failing to inform a client that marriage and family therapy services are provided or delivered under supervision;

(44) engaging in a dual relationship with a client, student, or supervisee;

(45) failing to inform the proper authorities as required by K.S.A. 38-2223, and amendments thereto, that one knows or has reason to believe that a client has been involved in harming or has harmed a child, whether by physical, mental, or emotional abuse or neglect or by sexual abuse;

(46) failing to inform the proper authorities as required by K.S.A. 39-1402, and amendments thereto, that one knows or has reason to believe that any of the following circumstances apply to a resident, as defined by K.S.A. 39-1401(a) and amendments thereto:

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

(B) is in a condition that resulted from abuse, neglect, or exploitation; or

(47) failing to inform the proper authorities as required by K.S.A. 39-1431, and amendments thereto, that one knows or has reason to believe that any of the following circumstances apply to an adult, as defined in K.S.A. 39-1430 and amendments thereto:

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

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

(48) intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing another person from filing a report or record that is required by state or federal law, or inducing another person to take any of these actions;

(49) offering to perform or performing any service, procedure, or therapy that, by the accepted standards of marriage and family therapy practice in the community, would constitute experimentation on human subjects without first obtaining the full, informed, and voluntary written consent of the client or the client's legal representative or representatives;

(50) practicing marriage and family therapy in an incompetent manner;

(51) practicing marriage and family therapy after one's license expires;

(52) using without a license or continuing to use after a license has expired any title or abbreviation prescribed by law to be used solely by persons who currently hold that type or class of license; or

(53) violating any provision of this act or any regulation adopted under the act.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-6408 and K.S.A. 2007 Supp. 74-7507; implementing K.S.A. 65-6408; effective March 29, 1993; amended Dec. 19, 1997; amended July 11, 2003; amended Jan. 9, 2004; amended Aug. 8, 2008.)

Kan. Admin. Regs. § 102-5-13 Licensee consult with physician when determining symptoms of mental disorders

(a) "Consult," as used in K.S.A. 65-6404 and amendments thereto, shall be defined as contact made by the licensee with the appropriate medical professional for the purpose of promoting a collaborative approach to the client's care and informing the medical professional of the client's symptoms. This contact shall not be intended to accomplish confirmation of diagnosis. The timing of any such action by the licensee shall be managed in a way that enhances the progress of assessment, diagnosis, and treatment. This consult may or may not be completed in the initial session of service delivery.

(c) If a licensee is practicing in a setting or contact arrangement that involves a person licensed to practice medicine and surgery for review of mental health treatment, a physician consult may be completed through medical involvement completed in accordance with the established procedure of the setting or with the contact arrangement.

(d) A physician consult shall not be required beyond the procedures for medical involvement as established by the qualifying agency if a licensee is practicing in any of the following:

(1) A licensed community mental health center or its affiliate;

(2) an agency of the state that provides mental health, rehabilitative, or correctional services; or

(3) an agency licensed by the state for providing mental health, rehabilitative, or correctional services.

(e) If a licensee is offering services that do not include diagnosis and treatment of a mental disorder, a physician consult shall not be required.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 1999 Supp. 65-6404, as amended by L. 1999, Ch. 117, Sec. 20; effective Aug. 4, 2000.)

Kan. Admin. Regs. § 102-5-14 Designation of referral source for use in the diagnosis and treatment of mental disorders

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-6402, K.S.A. 65-6404, and K.S.A. 74-7507; implementing K.S.A. 65-6404; effective Aug. 4, 2000; amended April 22, 2005; amended March 15, 2019.)

Kan. Admin. Regs. § 102-5-15 Services rendered to individuals located in this state

Except as authorized by K.S.A. 65-6409, and amendments thereto, each person, regardless of the person's location, who engages in either of the following activities shall be deemed to be engaged in the practice of marriage and family therapy in this state and shall be required to have a license, issued by the board, to practice marriage and family therapy as a licensed marriage and family therapist or a licensed clinical marriage and family therapist, as appropriate:

(a) performs any act included in subsection (b) of K.S.A. 65-6402, and amendments thereto, on or for one or more individuals located in this state; or

(b) represents oneself to be a licensed marriage and family therapist or a licensed clinical marriage and family therapist available to perform any act included in subsection (b) of K.S.A. 65-6402, and amendments thereto, on or for one or more individuals located in this state.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 65-6403, as amended by L. 1999, Ch. 117, § 19; effective May 11, 2001.)

Kan. Admin. Regs. § 102-5-16 Unprofessional conduct regarding recordkeeping

(a) The failure of a marriage and family therapist licensee or clinical marriage and family therapist licensee to comply with the recordkeeping requirements established in this regulation shall constitute unprofessional conduct.

(b) Content of marriage and family therapy or clinical marriage and family therapy records. Each licensed marriage and family therapist or clinical marriage and family therapist shall maintain a record for each client or client system that accurately reflects the licensee's contact with the client or client system and the results of the marriage and family therapy or clinical marriage and family therapy services provided. Each licensee shall have ultimate responsibility for the content of the licensee's records and the records of those persons under the licensee's supervision. These records may be maintained in a variety of media, if reasonable steps are taken to maintain confidentiality, accessibility, and durability. Each record shall be completed in a timely manner and shall include the following information for each client or client system:

(1) Adequate identifying data;

(2) the date or dates of services that the licensee or the licensee's supervisee provided;

(3) the type or types of services that the licensee or the licensee's supervisee provided;

(4) the initial assessment, conclusions, and recommendations;

(5) a plan for service delivery or case disposition;

(6) the clinical notes from each session; and

(7) sufficient detail to permit planning for continuity that would enable another marriage and family therapist or clinical marriage and family therapist to take over the delivery of services.

(c) Retention of records. If a licensee is the owner or custodian of client or client system records, the licensee shall retain a complete record for the following time periods, unless otherwise provided by law:

(1) At least six years after the date of termination of one or more contacts with an adult; and

(2) for a client who is a minor on the date of termination of the contact or contacts, at least until the later of the following two dates:

(A) Two years past the date on which the client reaches the age of majority; or

(B) six years after the date of termination of the contact or contacts with the minor.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-6408 and 74-7507; implementing K.S.A. 65-6408; effective July 11, 2003.)

Article 6 Registered Alcohol and Other Drug Abuse Counselors (not in active use)

Kan. Admin. Regs. § 102-6-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-7507(j); effective July 17, 1995; revoked Feb. 10, 2012.)

Kan. Admin. Regs. § 102-6-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-6602(c) and 65-6603; effective July 17, 1995; revoked Feb. 10, 2012.)

Kan. Admin. Regs. § 102-6-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-6602(b) and 74-7507(j) and implementing K.S.A. 65-6602; effective July 17, 1995; revoked Feb. 10, 2012.)

Kan. Admin. Regs. § 102-6-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507(i) and implementing K.S.A. 65-6602(c); effective July 17, 1995; revoked Feb. 10, 2012.)

Kan. Admin. Regs. § 102-6-8 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2006 Supp. 74-7507; effective July 17, 1995; amended June 8, 2007; revoked Feb. 10, 2012.)

Kan. Admin. Regs. § 102-6-9 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 65-6603 and 74-7507; effective July 17, 1995; amended July 11, 2003; revoked Feb. 10, 2012.)

Kan. Admin. Regs. § 102-6-9a Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-6603 and K.S.A. 2007 Supp. 74-7507; effective Feb. 13, 2009; revoked Feb. 10, 2012.)

Kan. Admin. Regs. § 102-6-10 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-7507 and K.S.A. 65-6603; effective July 17, 1995; amended July 11, 2003; revoked Feb. 10, 2012.)

Kan. Admin. Regs. § 102-6-11 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-7507(g) and K.S.A. 65-6603; effective July 17, 1995; revoked Feb. 10, 2012.)

Kan. Admin. Regs. § 102-6-12 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2007 Supp. 74-7507; effective July 17, 1995; amended Aug. 8, 2008; revoked Feb. 10, 2012.)

Article 7 Licensing of Addiction Counselors

Kan. Admin. Regs. § 102-7-1 Definitions

Each of the following terms, as used in this article of the board's regulations, shall have the meaning specified in this regulation:

(a) "Academic equivalent of a semester credit hour," when used in K.A.R. 102-7-3, means the prorated proportionate credit for formal academic coursework if that coursework is completed on the basis of trimester or quarter hours rather than semester hours.

(b) "Addiction counseling supervision" means a formal professional relationship between the supervisor and supervisee that promotes the development of responsibility, skills, knowledge, values, and ethical standards in the practice of addiction counseling.

(d) "Client" means a person who is a direct recipient of addiction counseling services.

(e) "Clinical supervision training plan" means a formal, written agreement that establishes the supervisory framework for postgraduate clinical experience and describes the expectations and responsibilities of the supervisor and the supervisee.

(f) "Continuing education" means formally organized programs or activities that are designed for and have content intended to enhance the addiction counselor's or clinical addiction counselor's knowledge, skill, values, ethics, and ability to practice as an addiction counselor or as a clinical addiction counselor.

(g) "Direct client contact" means the provision of addiction counseling services to a client or clients in an individual, family, or group format with interaction being conducted in person or remotely with real-time, two-way interactive audio, visual, or audiovisual communications, including the application of videoconferencing, in which confidentiality is protected. Interaction that includes electronic mail, instant messaging, texting, or facsimile shall not be considered direct client contact.

(h) "Extenuating circumstances" means any condition or situation 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; or

(2) the inadvisability of requiring the person to comply with the requirements of this regulation.

(i) "Fraudulent representation" shall include the following:

(1) Deceit;

(2) misrepresentation; and

(3) concealing a material fact.

(j) "Harmful dual relationship" means a professional relationship between a licensee and a client, student, supervisee, or any person who has had a significant relationship with either a current client or a person who has been a client within the past 24 months if that relationship is known to the licensee, in which the objectivity or competency of the licensee is impaired or compromised because of any of the following types of present or previous relationships:

(1) Familial;

(2) social;

(3) emotional;

(4) financial;

(5) supervisory; or

(6) administrative.

(k) "LAC" means licensed addiction counselor.

(l) "LCAC" means licensed clinical addiction counselor.

(m) "LMAC" means licensed master's addiction counselor.

(n) "Malfeasance" means the performance of an act by a licensee that is prohibited or constitutes wrongdoing or misconduct.

(o) "Merits the public trust" means that an applicant or licensee possesses the high standard of good moral character and fitness that is required to practice addiction counseling as demonstrated by the following personal qualities:

(1) Good judgment;

(2) integrity;

(3) honesty;

(4) fairness;

(5) credibility;

(6) reliability;

(7) respect for others;

(8) respect for the laws of the state and nation;

(9) self-discipline;

(10) self-evaluation;

(11) initiative; and

(12) commitment to the addiction counseling profession and its values and ethics.

(p) "Misfeasance" means the improper performance of a lawful act by a licensee.

(q) "Nonfeasance" means the omission of an act that a licensee should do.

(r) "One hour" means either of the following:

(1) One period of 50-60 continuous minutes; or

(2) two periods of 25-30 continuous minutes each.

(s) "Practice setting" means the public or private addiction counseling agency or delivery system within which addiction counseling is practiced or addiction counseling services are delivered.

(t) "Practicum or its equivalent" means a formal component of the academic curriculum in the addiction counseling or in the related field educational program that engages the student in supervised addiction counseling practice and provides opportunities to apply classroom learning to actual practice situations in a field setting.

(u) "Quarter credit hour" means two-thirds of a semester hour. Quarter credit hours shall be rounded as follows:

(1) One quarter credit hour equals .7 semester hours.

(2) Two quarter credit hours equal 1.3 semester hours.

(3) Three quarter credit hours equal 2.0 semester hours.

(4) Four quarter credit hours equal 2.7 semester hours.

(5) Five quarter credit hours equal 3.3 semester hours.

(v) "Related field" means a degree program in a helping profession and may include any of the following:

(1) Criminal justice;

(2) counseling;

(3) healing arts;

(4) human development and family studies;

(5) human services;

(6) marriage and family therapy;

(7) nursing;

(8) psychology;

(9) social work; or

(10) theology.

(w) "Semester credit hour," when used in K.A.R. 102-7-3, means at least 13 clock-hours of formal, didactic classroom instruction that occurred over the course of an academic semester and for which the applicant received formal academic credit.

(x) "Under direction" means the formal relationship between the individual providing direction and the licensed master's addiction counselor in which both of the following conditions are met:

(1) The directing individual provides the licensee, commensurate with the welfare of the client and the education, training, and experience of the licensee, with the following:

(A) Professional monitoring and oversight of the master's level addiction counseling services provided by the licensee;

(B) regular and periodic evaluation of treatment provided to clients by the licensee; and

(2) The licensee receiving direction provides the board, with each license renewal, with the following:

(A) The name, identifying information, and type of license of the directing individual;

(B) a description of the work setting and the master's level addiction counseling services conducted under direction; and

(C) documentation that direction was given, including dates, location, and length of time as verified by the directing individual.

(y) "Undue influence" means the misuse of one's professional position of confidence, trust, or authority over a client or supervisee, or the taking advantage of a client's vulnerability, weakness, infirmity, or distress for any of the following purposes:

(1) To improperly influence or change a client's or supervisee's actions or decisions;

(2) to exploit a client or supervisee for the counselor's or a third party's financial gain, personal gratification, or advantage; or

(3) to impose one's personal values, spiritual beliefs, or lifestyle on a client, student, or supervisee.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 74-7507; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012; amended Dec. 16, 2022.)

Kan. Admin. Regs. § 102-7-2 Fees

(a) Each applicant or licensee shall pay the appropriate fee or fees as follows:

(1) Application for an addiction counselor license: $50;

(2) application for a master's addiction counselor license: $50;

(3) application for a clinical addiction counselor license: $50;

(4) original addiction counselor license: $100;

(5) original master's addiction counselor license: $150;

(6) original clinical addiction counselor license: $150;

(7) renewal of an addiction counselor license: $50;

(8) renewal of a master's addiction counselor license: $75;

(9) renewal of a clinical addiction counselor license: $100;

(10) replacement of an addiction counselor, a master's addiction counselor, or a clinical addiction counselor license: $20;

(11) replacement of an addiction counselor, a master's addiction counselor, or a clinical addiction counselor wallet license: $2;

(12) reinstatement of an addiction counselor license: $50;

(13) reinstatement of a master's addiction counselor license: $75;

(14) reinstatement of a clinical addiction counselor license: $100;

(15) reinstatement temporary addiction counselor license, $25;

(16) reinstatement temporary master's addiction counselor license, $25;

(17) reinstatement temporary clinical addiction counselor license, $25;

(18) temporary addiction counselor license: $50;

(19) temporary master's addiction counselor license: $50;

(20) temporary permit for an out-of-state licensed clinical addiction counselor: $200; or

(21) temporary permit for an out-of-state licensed clinical addiction counselor extension: $200;

(22) student temporary addiction counselor license, $50;

(23) student temporary addiction counselor license renewal, $50.

(b) Each applicant for license renewal after the license's expiration date, if the license has been expired for less than one year, shall pay, in addition to the renewal fee, the applicable late renewal penalty fee as follows:

(1) Licensed addiction counselor: $50;

(2) licensed master's addiction counselor: $75; or

(3) licensed clinical addiction counselor: $100.

(c) Each applicant for a license renewal after the license's expiration date, if the license has been expired for one-year or more, shall pay the renewal fee listed above.

(d) Each applicant for an expedited application shall pay $100, in addition to the application fee of $50.

(e) Fees paid to the board shall not be refundable.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by 2023 Sub for SB 131, sec. 2, K.S.A. 65-6618, as amended by Sub for SB 131, sec. 26, and 74-7507; implementing 2023 Sub for SB 131, sec. 2, K.S.A. 65-6618, as amended by Sub for SB 131, sec. 26; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012; amended March 8, 2019; amended, T-102-7-17-23, July 17, 2023; amended Nov. 17, 2023.)

Kan. Admin. Regs. § 102-7-3 Educational requirements

(a) Each of the following terms, as used in this regulation, shall have the meaning specified in this subsection:

(1) "Core faculty member" means an individual who is part of the teaching staff of a program covered by this regulation and who meets the following conditions:

(A) Has education, training, and experience consistent with the individual's role within the program and consistent with the published description of the goals, philosophy, and educational purpose of the program;

(B) has primary professional employment at the institution in which the program is housed; and

(C) 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 completing coursework, during which the student and one or more core faculty members, adjunct faculty members, or agency internship supervisors are in face-to-face contact either in person or by synchronous, real-time videoconferencing.

(3) "Related field" means a degree program in a helping profession and may include any of the following:

(A) Counseling;

(B) human development and family studies;

(D) psychology;

(E) social work; or

(F) other degrees as approved by the board.

(4) "Primary professional employment" means at least 20 hours each week of instruction, research, or any other service to the institution in the course of employment, and related administrative work.

(5) "Skill-based coursework" means those courses that allow students to work on basic helping skills including open-ended questions, clarification, interpretation, response to feelings, and summarization.

(b) To qualify for licensure as an addiction counselor, the applicant shall hold at least a baccalaureate degree from a program that was accredited by the National Addiction Studies Accreditation Commission or hold one of the following:

(1) At least a baccalaureate degree in addiction counseling. When the degree was granted, the program met the standards approved by the board;

(2) at least a baccalaureate degree in addiction counseling or a related field, if the applicant began the program on or before May 1, 2011 and the baccalaureate degree was conferred on or before June 1, 2012, from a program that was approved by the Kansas department of social and rehabilitation services, division of addiction and prevention services; or

(3) at least a baccalaureate degree in another course of study. As part of, or in addition to, the baccalaureate degree coursework, the applicant shall also complete at least 30 semester hours, or the academic equivalent in coursework on substance use disorders that meets the coursework requirements in subsection (c).

(c) Each applicant for licensure as an addiction counselor shall hold at least a baccalaureate degree from a program that was accredited by the National Addiction Studies Accreditation Commission or satisfactorily completed formal academic coursework that contributes to the development of a broad conceptual framework for addiction counseling theory and practice. This formal academic coursework shall be distributed across the substantive content areas specified in this subsection. For applicants who graduate on or after July 1, 2013, half of all skill-based coursework shall be completed while the student is in residence, as defined in this regulation. Except for the required courses in a practicum or its equivalent, there shall be at least three discrete and unduplicated semester hours, or the academic equivalent, in each of the following content areas:

(1) Introduction to addiction, which shall include the study of the nature of addiction and other substance use-related problems; models, theories, philosophies, principles, implications for medical and mental health conditions that coexist with addiction, and evidence-based strategies of addiction prevention, treatment, relapse prevention, continuing care, and recovery; and the impact of addiction on the individual, family, and society;

(2) methods of individual counseling, which shall include the study of culturally informed, ethical, evidence-based models and approaches to individual counseling; methods for establishing effective therapeutic relationships, developing realistic and achievable treatment goals, and assessing client biopsychosocial or the biological, psychological, and social needs, functioning, motivation, and progress; and strategies for crisis prevention and intervention;

(3) methods of group counseling, which shall include the study of culturally informed, ethical, evidence-based models and approaches to group counseling; group facilitation and counseling skills; and methods for establishing group goals and treatment outcomes;

(4) addiction pharmacology, which shall include the study of the nature of psychoactive chemicals; the behavioral, psychological, physiological, and social effects of psychoactive substance use; symptoms of intoxication, withdrawal, and toxicity; toxicity screen options, limitations, and legal implications; and the use of pharmacotherapy for treatment of addiction;

(5) co-occurring disorders, which shall include the study of the symptoms of mental health and other disorders prevalent in individuals with substance use disorders, screening and assessment tools used to detect and evaluate the presence and severity of co-occurring disorders, and evidence-based strategies for managing risks associated with treating individuals who have co-occurring disorders;

(6) addiction services coordination, which shall include the study of administrative, clinical, evaluative, and referral activities used to connect clients with treatment services and other community resources; navigation and coordination across multiple systems; and case management and advocacy skills used to assist clients in achieving their treatment and recovery goals;

(7) legal and ethical issues, which shall include the study of established codes of ethical conduct, standards of professional behavior and scope of practice; client rights, responsibilities, and informed consent; and confidentiality and other legal considerations in counseling;

(8) family and community studies, which shall include the study of family, social, and community systems; and the development of culturally informed skills utilized in the treatment and recovery process;

(9) at least six semester credit hours or the academic equivalent of practicum or its equivalent, which shall include the following:

(A) An experience that integrates didactic learning that is related to substance use disorders with face-to-face, direct counseling experience that includes intake and assessment, counseling, treatment planning, discharge planning, documentation, and case management activities;

(B) at least 400 clock-hours of practice; and

(C) at least one hour of supervision for every 10 hours of practice. Supervision shall be provided by the educational program's faculty and agency staff, at least one of whom shall be licensed in the behavioral sciences; and

(10) for applicants who graduate on and after July 1, 2012, at least three discrete and unduplicated semester hours, or the academic equivalent, in the study of research, which shall include the study of basic research design and methodology; critical evaluation and interpretation of professional research reports; introduction to data collection, performance measurement, and outcome evaluation; and the application of research results in a treatment setting.

(d) To qualify for licensure as an addiction counselor while holding a baccalaureate social work license in Kansas, the applicant shall complete the coursework specified in paragraphs (c)(1), (4), and (9).

(e) To qualify for licensure as a master's addiction counselor or a clinical addiction counselor, the applicant shall hold at least a master's degree from a program that was accredited by the National Addiction Studies Accreditation Commission or the applicant shall hold one of the following:

(1) At least a master's degree in addiction counseling. When the degree was granted, the program met the standards approved by the board; or

(2) at least a master's degree in another course of study. When the degree was granted, the program met the standards approved by the board. As part of, or in addition to, the master's degree coursework, the applicant shall also complete at least 30 graduate semester credit hours, or the academic equivalent, supporting the diagnosis and treatment of substance use disorders and shall meet the coursework requirements in subsection (f).

(f) Each applicant for licensure as a master's addiction counselor or a clinical addiction counselor shall hold at least a master's degree from a program that was accredited by the National Addiction Studies Accreditation Commission or shall have satisfactorily completed formal academic coursework that contributes to the development of a broad conceptual framework for addiction counseling theory and practice. This formal academic coursework shall be distributed across the substantive content areas specified in this subsection. For applicants who graduate on or after July 1, 2013, half of all skill-based coursework shall be completed while the student is in residence, as defined in this regulation. There shall be at least three discrete and unduplicated graduate semester hours, or the academic equivalent, in each of the following content areas:

(1) Addiction and recovery services, which shall include the study and critical analysis of philosophies and theories of addiction and scientifically supported models of prevention, intervention, treatment, and recovery for addiction and other substance-related problems;

(2) advanced methods of individual and group counseling, which shall include the study of practical skills related to evidence-based, culturally informed individual and group counseling techniques and strategies designed to facilitate therapeutic relationships and the educational and psychosocial development of clients as specifically related to their addiction;

(3) advanced pharmacology and substance use disorders, which shall include the study of the pharmacological properties and effects of psychoactive substances; physiological, behavioral, psychological, and social effects of psychoactive substances; drug interactions; medication-assisted addiction treatment; and pharmacological issues related to co-occurring disorders treated with prescription psychotropic medications;

(4) integrative treatment of co-occurring disorders, which shall include the study of the relationship between addiction and co-occurring mental or physical disorders or other conditions and evidence-based models for the screening, assessment, and collaborative treatment of co-occurring disorders;

(5) assessment and diagnosis, which shall include the study of a comprehensive clinical assessment process that addresses age, gender, disability, and cultural issues; the signs, symptoms, and diagnostic criteria used to establish substance use-disorder diagnoses; and the relationship between diagnosis, treatment, and recovery;

(6) professional ethics and practice, which shall include the study of professional codes of ethics and ethical decision making; client privacy rights and confidentiality; legal responsibilities and liabilities of clinical supervision; and professional identity and development issues;

(7) applied research, which shall include the study of the purposes and techniques of behavioral sciences research, including qualitative and quantitative approaches, research methodology, data collection and analysis, electronic research skills, outcome evaluation, critical evaluation and interpretation of professional research reports, and practical applications of research;

(8) practicum or its equivalent, which shall meet the following requirements:

(A) Be a clinical experience that integrates didactic learning supporting the diagnosis and treatment of substance use disorders;

(B) include at least 300 hours of client contact; and

(C) provide at least one hour of supervision for every 10 hours of client contact. Supervision shall be provided by the program's faculty and agency supervisors, at least one of whom shall be licensed at or above the level of licensure being pursued; and

(9) six additional graduate semester hours of academic coursework that contributes to the development of advanced knowledge or skills in addiction counseling, supervision, or research.

(g) In order to be approved by the board, each program in another course of study that did not include addiction counseling coursework shall be regionally accredited, with accreditation standards equivalent to those met by Kansas colleges and universities.

(h) In order to be approved by the board, each addiction counseling program or the program through which the applicant completed the required coursework in addiction counseling shall meet the following conditions:

(1) Have established program admission requirements that are based, in part or in full, on objective measures or standardized achievement tests and measures unless required for the degree in another course of study;

(2) offer education and training in addiction counseling, one goal of which is to prepare students for the practice of addiction counseling;

(3) require an established curriculum that encompasses at least one academic year of study for a baccalaureate degree or two academic years of study for a master's degree;

(4) have clear administrative authority and primary responsibility within the program for the core and specialty areas of training in addiction counseling;

(5) have an established, organized, and comprehensive sequence of study that is planned by administrators who are responsible for providing an integrated educational experience in addiction counseling;

(6) for a master's degree program, be coordinated or directed by an identifiable person who holds a graduate degree that was earned from a regionally accredited college or university upon that person's actual completion of a formal academic training program;

(7) have an identifiable, full-time core faculty member who holds an earned graduate degree in addiction counseling or a related field;

(8) have an established, identifiable body of students who are formally enrolled in the program with the goal of obtaining coursework for the concentration in the study of addiction counseling;

(9) require the student's major advisor to be a member of the program faculty;

(10) require each student to complete the institution's requirements for the number of credit hours that must be completed at that institution and to satisfactorily complete an addiction counseling practicum or its equivalent that is provided by the program from which the student completes the concentration in the study of addiction counseling or a related field. The required practicum shall meet the following requirements:

(A) Accept as practicum students only applicants enrolled in the addiction counseling or related-field program;

(B) provide the majority of supervision by an individual who is licensed by the board at or above the level of licensure being pursued;

(C) exist as a distinct and organized program that is clearly recognizable within an institution or agency, as well as in pertinent public, official documents issued by the institution or agency, and that is clearly recognizable as a training program for addiction counselors;

(D) identify students as being in training and not as staff members; and

(E) be an integrated and formally organized training experience, not an after-the-fact tabulation of experience; and

(11) conduct an ongoing, objective review and evaluation of each student's learning and progress and report this evaluation in the official student transcripts.

(i) In order to be approved by the board, each college or university through which the applicant completed the required coursework in addiction counseling shall meet the following requirements:

(1) Be regionally accredited, with accreditation standards equivalent to those met by Kansas colleges and universities;

(2) document in official publications, including course catalogs and announcements, the program description and standards and the admission requirements for the addiction counseling or related-field program or the program through which the applicant completed the required coursework in addiction counseling;

(3) (A) Identify and clearly describe in pertinent institutional catalogs the coursework, experiential, and other academic program requirements that must be satisfied before conferral of the degree; or

(B) identify and clearly describe in pertinent institutional catalogs the coursework, experiential, and other academic program requirements that must be satisfied before completion of the addiction counseling coursework as specified in subsection (c) or (f);

(4) clearly identify and specify in pertinent institutional catalogs the intent to educate and train addiction counselors or related-field professionals;

(5) have clearly established the addiction counselor or related-field education program as a coherent entity within the college or university that, when the applicant's degree was conferred or addiction counseling coursework was completed, met the program standards in subsection (h);

(6) have conferred the degree upon the applicant's successful completion of an established and required formal program of studies; and

(7) have a library and equipment and resources available that are adequate for the size of the student body and the scope of the program offered.

(j) The following types of study shall not be substituted for or counted toward the coursework requirements of this regulation:

(1) Academic coursework that has been audited rather than graded;

(2) academic coursework for which the applicant received an incomplete or failing grade;

(3) coursework that the board determines is not closely related to the field or practice of addiction counseling;

(4) coursework or training provided by any college, university, institute, or training program that does not meet the requirements of subsections (h) and (i); and

(5) any continuing education, in-service activity, or on-the-job training.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 2023 Supp. 65-6610; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012; amended, T-102-7-16-13, July 16, 2013; amended Dec. 2, 2013; amended June 21, 2024.)

Kan. Admin. Regs. § 102-7-4 Application for licensure

(a) Each applicant for licensure as an addiction counselor, a master's addiction counselor, or a clinical addiction counselor shall request the appropriate licensure application forms from the executive director of the board.

(b) Each applicant for licensure as an addiction counselor shall submit the completed application materials to the board and perform the following:

(1) Submit the full payment of the licensure application fee as specified in K.A.R. 102-7-2;

(2) submit, on board-approved forms, two professional references. Each individual submitting a reference shall meet the following conditions:

(A) Not be related to the applicant;

(B) be authorized by law to practice addiction counseling or to practice in the behavioral sciences, at the bachelor's level or above; and

(C) be able to address the applicant's professional conduct, competence, and specify whether the applicant merits the public trust;

(3) if not previously provided to the board, submit, on a board-approved form, a third professional reference from an individual who shall meet the following conditions:

(A) Not be related to the applicant; and

(B)(i) Have served as the applicant's on-site practicum supervisor and be authorized by law to practice addiction counseling; or

(ii) if the supervisor specified in paragraph (b)(3)(B)(i) is unavailable, be the program director or any person who has knowledge of the applicant's practicum experience on the basis of the applicant's practicum records; and

(4) meet one of the following requirements:

(A) Currently hold a license issued by the board at the master's level or above;

(B) demonstrate that the applicant is licensed by the board as a baccalaureate social worker and has completed the coursework requirements specified in K.A.R. 102-7-3(c)(1), (4), and (9); or

(C)(i) Demonstrate completion of the educational requirements specified in K.A.R. 102-7-3; and

(ii) arrange for the applicant's transcripts covering all applicable college or university coursework to be sent directly from each academic institution to the board office. Each applicant who graduated from a college or university outside the United States also shall arrange for the applicant's transcript to be translated and evaluated for degree equivalency by a source and in a manner that are acceptable to the board.

(c) Each applicant for licensure as a master's addiction counselor shall submit the completed application materials to the board and perform the following:

(1) Submit the full payment of the licensure application fee as specified in K.A.R. 102-7-2;

(2) submit, on board-approved forms, two professional references. Each individual submitting a reference shall meet the following conditions:

(A) Not be related to the applicant;

(B) be authorized by law to practice addiction counseling or to practice in the behavioral sciences, at the master's level or above; and

(C) be able to address the applicant's professional conduct, competence, and specify whether the applicant merits the public trust;

(3) if not previously provided to the board, submit, on a board-approved form, a third professional reference from an individual who shall meet the following conditions:

(A) Not be related to the applicant; and

(B)(i) Have served as the applicant's on-site graduate practicum supervisor and be authorized by law to practice addiction counseling; or

(ii) if the supervisor specified in paragraph (c)(3)(B)(i) is unavailable, be the program director or any person who has knowledge of the applicant's graduate practicum experience on the basis of the applicant's practicum records; and

(4) meet either of the following requirements:

(A) Currently hold a license issued by the board at the master's level; or

(B)(i) Demonstrate completion of the educational requirements specified in K.A.R. 102-7-3; and

(ii) arrange for the applicant's graduate transcripts covering all applicable college or university coursework to be sent directly from each academic institution to the board office. Each applicant who graduated from a college or university outside the United States also shall arrange for the applicant's transcript to be translated and evaluated for degree equivalency by a source and in a manner that are acceptable to the board.

(d) Each applicant for licensure as a clinical addiction counselor shall submit the completed application materials to the board and perform the following:

(1) Submit the full payment of the licensure application fee as specified in K.A.R. 102-7-2;

(2) demonstrate that the applicant is licensed by the board as a master's addiction counselor or meets all requirements for licensure as a licensed master's addiction counselor;

(3) submit, on board-approved forms, two professional references. Each individual submitting a reference shall meet the following conditions:

(A) Not be related to the applicant;

(B) be authorized by law to practice clinical addiction counseling or practice in the behavioral sciences, at the clinical level; and

(C) be able to address the applicant's professional conduct and competence and specify whether the applicant merits the public trust;

(4) if not previously provided to the board, submit, on a board-approved form, a third professional reference from an individual who shall meet the following conditions:

(A) Not be related to the applicant; and

(B)(i) have served as the applicant's on-site graduate practicum supervisor, and be authorized by law to practice addiction counseling at the master's level or above; or

(ii) if the supervisor specified in paragraph (d)(4)(B)(i) is unavailable, be the program director or any person who has knowledge of the applicant's graduate practicum experience on the basis of the applicant's practicum records; and

(5) meet one of the following requirements:

(A) Demonstrate that the applicant is licensed by the board as a master's addiction counselor and has completed a master's degree from a college or university approved by the board; or

(B)(i) Demonstrate satisfactory completion of the graduate education requirements specified in K.A.R. 102-7-3; and

(ii) if not previously provided to the board, arrange for the applicant's graduate-level transcripts covering all applicable college or university coursework to be sent directly from each academic institution to the board office. Each applicant who graduated from a college or university outside the United States also shall arrange for the applicant's transcript to be translated and evaluated for degree equivalency by a source and in a manner that are acceptable to the board; and

(e) Each applicant for licensure as a clinical addiction counselor who currently holds a license as a psychologist or a board-issued clinical license shall submit the completed application materials to the board and perform the following:

(1) Submit the full payment of the licensure application fee as specified in K.A.R. 102-7-2; and

(2) submit, on a board-approved form, an attestation that meets the requirements in K.S.A. 65-6610(c)(2)(D), and amendments thereto.

(f) The following provisions shall apply to each applicant for licensure as an addiction counselor, a master's addiction counselor, or a clinical addiction counselor:

(1) Upon the board's determination that the applicant has met the applicable educational requirements, each applicant shall pass an appropriate, nationally administered, standardized written examination approved by the board in accordance with K.A.R. 102-7-5.

(2) An applicant shall not be given a judgment on the applicant's eligibility for licensure until the board receives all application materials and the applicant completes all application procedures.

(3) Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall submit the fee for the original two-year licensure period as specified in K.A.R. 102-7-2.

(A) If either of the following conditions applies to the applicant, the applicant's application shall expire one year from the date on which it was submitted to the board or on the date the applicant's temporary license expires, whichever date is later, except as provided by paragraph (f)(3)(B):

(i) The applicant has not met the qualifications for licensure.

(ii) The applicant has not submitted a complete application.

(B) Any applicant whose application will expire under paragraph (f)(3)(A) may request that the application be kept open for an additional period of time, not to exceed six months, on the basis of extenuating circumstances. The applicant shall submit a written request to the board with a detailed explanation of the extenuating circumstances that are the basis of the applicant's request. The written request shall be submitted no later than 30 days before the application expires. If the request is approved by the board, the application shall remain open for the period of time stipulated by the board in its approval, which shall not exceed six months.

(C) Upon expiration of the application, the applicant may submit a new application, the required fee, and all supporting documents if the applicant wants to reapply.

(g)(1) Any applicant for licensure as an addiction counselor or a master's addiction counselor who is determined by the board to meet the requirements of K.S.A. 65-6610 (a)(1), (2), (4), and (5) or (b)(1)(A), (B), (D), and (E), 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 specified in K.A.R. 102-7-2. Except as provided in paragraph (g)(2), the temporary license shall remain in effect for 24 months.

(h) For purposes of this regulation, the term "extenuating circumstances" shall mean 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 time frames established by this regulation or K.S.A. 65-6611, and amendments thereto; or

(2) the inadvisability of requiring the applicant to comply with the requirements of this regulation within the time frames established by this regulation and K.S.A. 65-6611, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 2023 Supp. 65-6610, K.S.A. 2023 Supp. 65-6611 and K.S.A. 74-7507; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012; amended June 21, 2024.)

Kan. Admin. Regs. § 102-7-4a Licensure without examination

(a) Each applicant for licensure as an addiction counselor or clinical addiction counselor shall request the appropriate licensure application forms from the executive director of the board.

(b) Each applicant for licensure as an addiction counselor without examination shall submit the completed application materials to the board and meet the following requirements:

(1) Submit a certificate or written statement issued by the credentialing organization verifying that the applicant was registered or credentialed as an alcohol or other drug counselor pursuant to L. 2011, ch. 114, sec. 12, and amendments thereto, at any time from July 1, 2008 through June 30, 2011;

(2) submit an attestation, on a board-approved form, by the applicant that the applicant's last Kansas alcohol or other drug registration or credential was not suspended or revoked;

(3) submit documentation verifying that the applicant has completed two hours each of continuing education in ethics, confidentiality, and infectious disease during the three years immediately preceding application;

(4) submit, on board-approved forms, references from two professionals. Each individual submitting a reference shall meet all of the following conditions:

(A) Not be related to the applicant;

(B) be authorized to engage in the practice of addiction counseling or to practice in a related field; and

(5) pay the application fee specified in K.A.R. 102-7-2.

(c) Each applicant for licensure as a clinical addiction counselor without examination shall submit to the board all application materials prescribed in paragraphs (b)(1) through (4), in addition to the following items:

(1) Documentation verifying that the applicant has completed six hours of continuing education in the diagnosis and treatment of substance use disorders during the three years immediately preceding the application date;

(2) (A) Documentation verifying that the applicant is authorized to practice independently as a licensed specialist clinical social worker, licensed clinical professional counselor, licensed clinical marriage and family therapist, licensed clinical psychotherapist, licensed psychologist, mental health advanced registered nurse practitioner, or advanced practice registered nurse or is a physician licensed to practice medicine and surgery; or

(B) (i) An official transcript verifying that the applicant holds a master's degree in a related field; and

(ii) an attestation, on a board-approved form, that the applicant has engaged in the practice, supervision, or administration of addiction counseling for at least four years with an average of at least eight hours each week for at least nine months of each of the four years; and

(3) payment of the application fee specified in K.A.R. 102-7-2.

(d) The following provisions shall apply to each applicant for licensure as an addiction counselor and each applicant for licensure as a clinical addiction counselor:

(1) An 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.

(2) Upon notification from the board that all eligibility requirements for licensure without examination have been satisfied, the applicant shall submit the fee for the original two-year licensure period as specified in K.A.R. 102-7-2.

(3)(A) If any of the following conditions applies to the applicant, the applicant's application shall expire one year from the date on which it was submitted to the board:

(i) The applicant has not met the qualifications for licensure.

(ii) The applicant has not submitted a complete application.

(iii) The applicant has not submitted the original license fee.

(B) Upon expiration of the application, the applicant may submit a new application, the required fee, and all supporting documents if the applicant wishes to reapply.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2010 Supp. 74-7507, as amended by L. 2010, ch. 45, §15; implementing L. 2010, ch. 45, §4, as amended by L. 2011, ch. 114, §12, and K.S.A. 2010 Supp. 74-7507, as amended by L. 2010, ch. 45, §15; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012.)

Kan. Admin. Regs. § 102-7-4b Application for licensure based on reciprocity

(a) Each individual who wishes to be licensed as an addiction counselor or a clinical addiction counselor based on reciprocity, pursuant to L. 2011, ch. 114, sec. 13 and amendments thereto, shall submit an application for licensure in accordance with this regulation.

(b) Each applicant for licensure as an addiction counselor shall request the application forms for licensure by reciprocity from the board. Each applicant shall ensure that the application materials are submitted to the board as follows:

(1) The applicant shall submit the completed application form and payment in full of the application for a license fee, as specified in K.A.R. 102-7-2.

(2) The applicant shall forward to the licensing agency for the jurisdiction in which the applicant is currently licensed, certified, or registered as an addiction counselor a form provided by the board on which the licensing agency is to provide the following information directly to the board:

(A) Verification that the applicant currently holds a valid license, registration, or certification to practice addiction counseling issued by the licensing agency;

(B) the date on which the applicant was initially licensed, registered, or certified as an addiction counselor by the licensing agency and a complete history of each subsequent renewal, reinstatement, and lapse in licensure, registration, or certification. If an applicant is seeking licensure based on reciprocity pursuant to L. 2011, ch. 114, sec. 13 (a)(2) and amendments thereto, the applicant shall ensure that documentation covering the five years of continuous licensure, registration, or certification as an addiction counselor that immediately precede the date of the application is submitted to the board by the licensing agency for each jurisdiction in which the applicant was licensed, registered, or certified during that five-year period; and

(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" shall mean 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.

(3) The applicant either shall provide verification that the standards for licensure, certification, or registration as an addiction counselor in that jurisdiction are substantially equivalent to the standards in Kansas or shall meet the following requirements:

(A)(i) Demonstrate completion of a baccalaureate or master's degree in addiction counseling as specified in K.A.R. 102-7-3; or

(ii) demonstrate completion of a baccalaureate or master's degree in a related field that included all required addiction counseling coursework requirements as specified in K.A.R. 102-7-3; and

(B) arrange for the applicant's transcripts covering all applicable college or university coursework to be sent directly from each academic institution to the board office. Each applicant who graduated from a college or university outside the United States also shall arrange for the applicant's transcript to be translated and evaluated for degree equivalency by a source and in a manner that are acceptable to the board.

(4) The applicant shall submit an attestation that the applicant engaged in the professional practice of addiction counseling an average of at least 15 hours each week for nine months during each of the five years immediately preceding the date of application for licensure based on reciprocity.

(c) In addition to meeting the requirements of subsection (b), each applicant for licensure as a clinical addiction counselor shall demonstrate competence to diagnose and treat substance use disorders by submitting at least two of the following forms of documentation:

(i) Three graduate semester hours of discrete coursework in ethics;

(ii) three graduate semester hours of discrete coursework in the diagnosis of substance use disorders that includes studies of the established diagnostic criteria for substance use disorders; and

(iii) coursework that addresses interdisciplinary referrals, interdisciplinary collaborations, and treatment approaches; or

(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 each week during nine months or more of each year, in a treatment facility, community mental health center or its affiliate, state mental hospital, or another employment setting in which the applicant engaged in clinical practice that included diagnosis or treatment of substance use disorders; or

(B) an attestation by the applicant that the applicant engaged in at least three years of independent clinical practice that included diagnosis or treatment of substance use 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 at least three years; or

(3) an attestation that the applicant has demonstrated competence in diagnosis or treatment of substance use disorders, which shall be signed by either a professional licensed to practice medicine and surgery or a professional licensed psychologist, a licensed clinical social worker, or another professional licensed to diagnose and treat mental disorders or substance use disorders, or both, in independent practice.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2010 Supp. 74-7507, as amended by L. 2010, ch. 45, §15; implementing L. 2010, ch. 45, §7, as amended by 2011 HB 2182, §13; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012.)

Kan. Admin. Regs. § 102-7-5 Examination for addiction counselor, master's addiction counselor, or clinical addiction counselor

(a)(1) Each applicant for licensure as an addiction counselor who does not meet the requirements of K.A.R. 102-7-4b shall be required to pass a nationally administered, standardized written examination approved by the board.

(2) An applicant shall not be authorized to register for an examination until the applicant is within at least four months of anticipated completion of the applicable academic degree requirements and has satisfied the board that the applicant merits the public trust. Each applicant who has not completed the applicable academic degree requirements on the date that the application is submitted shall arrange for the required transcripts to be sent to the board when the academic degree is awarded to the applicant.

(3) The applicant's required written examination may be waived by the board if the applicant obtained a passing score as determined by the examination company on a nationally administered, standardized written examination deemed by the board to be substantially equivalent to the examination used in Kansas.

(b)(1) Each applicant for licensure as a master's addiction counselor who does not meet the requirements of K.A.R. 102-7-4b shall be required to pass a nationally administered, standardized written examination approved by the board.

(c)(1) Each applicant for licensure as a clinical addiction counselor who does not meet the requirements of K.A.R. 102-7-4b shall be required to pass a nationally administered, standardized written clinical examination approved by the board.

(2) An applicant shall not be authorized to register for the clinical examination or to qualify for a waiver of the examination until the applicant has fulfilled all educational requirements and has satisfied the board that the applicant merits the public trust.

(3) The applicant's required written clinical examination may be waived by the board if the applicant obtained a passing score as determined by the examination company on a standardized written examination deemed by the board to be substantially equivalent to the examination used in Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 2023 Supp. 65-6610; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012; amended June 21, 2024.)

Kan. Admin. Regs. § 102-7-6 Professional postgraduate supervised experience requirement for a clinical addiction counselor

For each applicant for licensure as a clinical addiction counselor, the postgraduate supervised professional experience of addiction counseling shall meet all of the following requirements:

(a) The postgraduate supervised professional experience of addiction counseling shall consist of 3,000 hours of professional experience, including 1,500 hours of direct client contact conducting substance abuse assessments and treatment.

(b) Except as provided in subsection (c), one hour of clinical supervision shall be provided throughout the entirety of the postgraduate supervised professional experience for each 15 hours of direct client contact. Unless extenuating circumstances are approved by the board, all supervision shall be conducted face-to-face either in person or, if confidentiality is technologically protected, by synchronous videoconferencing, as follows:

(1) At least 50 hours of individual clinical supervision occurring with the supervisor and supervisee;

(2) up to 50 hours of clinical group supervision with one supervisor and no more than six supervisees; and

(3) meet for at least one hour two times per month, at least one of which shall be individual supervision.

(c) Each applicant with a doctor's degree in addiction counseling or a related field as defined in K.A.R. 102-7-1 shall be required to complete, after the doctoral degree is granted, at least one-half of the postgraduate supervised professional experience requirements as follows:

(1) At least 25 hours of individual clinical supervision occurring with the supervisor and supervisee;

(2) up to 25 hours of clinical supervision with one supervisor and no more than six supervisees; and

(3) at least two separate clinical supervision sessions per month, at least one of which shall be individual supervision.

(d) The clinical supervisor of each person attaining the 3,000 hours of postgraduate supervised professional experience required for licensure as a clinical addiction counselor shall meet one of the following requirements while the individual is providing supervision:

(1) The clinical supervisor shall be a clinical addiction counselor who is licensed in Kansas or is certified or licensed in another jurisdiction and, on and after January 1, 2014, who has engaged in the independent practice of clinical addiction counseling, including the diagnosis and treatment of substance use disorders, for at least two years beyond the supervisor's certification or licensure date as a clinical addiction counselor.

(2) The clinical supervisor shall be a person who is certified or licensed at the graduate level to practice in one of the behavioral sciences and whose authorized scope of practice permits the diagnosis and treatment of mental disorders independently. The qualifying individual shall have had at least two years of clinical professional experience beyond the date of the supervisor's certification or licensure.

(e) In addition to the requirements of subsection (d), each clinical supervisor shall meet the following requirements:

(1) Have professional authority over and responsibility for the supervisee's clinical functioning in the practice of addiction counseling;

(2) not have a harmful dual relationship with the supervisee;

(3) not be under any sanction from a disciplinary proceeding, unless the board waives this prohibition for good cause shown by the proposed supervisor;

(4) have knowledge of and experience with the supervisee's client population;

(5) have knowledge of and experience with the methods of practice that the supervisee employs;

(6) have an understanding of the organization and the administrative policies and procedures of the supervisee's practice setting; and

(7) be a member of the practice setting staff or meet the requirements of subsection (f).

(f) If a qualified clinical supervisor is not available from among staff in the supervisee's practice setting, the supervisee may secure an otherwise qualified clinical supervisor outside the practice setting if all of the following conditions are met:

(1) The supervisor has an understanding of the practice setting's mission, policies, and procedures.

(3) The responsibility for payment for supervision is clearly defined.

(4) If the supervisee pays the supervisor directly for the supervision, the supervisor maintains responsibility for the client and to the practice setting.

(g) Each clinical supervisor shall perform the following duties:

(1) Provide oversight, guidance, and direction for the supervisee's clinical practice of addiction counseling by assessing and evaluating the supervisee's performance;

(2) conduct supervision as a process distinct from personal therapy, didactic instruction, or addiction counseling consultation;

(3) provide documentation of supervisory qualifications to the supervisee;

(4) periodically evaluate the supervisee's clinical functioning;

(5) provide supervision in accordance with the clinical supervision training plan;

(6) maintain documentation of supervision in accordance with the clinical supervision training plan;

(7) provide the documentation required by the board when the supervisee completes the postgraduate supervised professional experience. The supervisor shall submit this documentation on board-approved forms and in a manner that will enable the board to evaluate the extent and quality of the supervisee's professional experience and assign credit for that experience;

(8) provide a level of supervision that is commensurate with the education, training, experience, and ability of both the supervisor and the supervisee; and

(9) ensure that each client knows that the supervisee is practicing addiction counseling under supervision.

(h)(1) In order for an applicant for a clinical addiction counselor license to obtain credit for hours accrued before August 1, 2011 toward the required 3,000 hours of clinical supervision, the applicant shall provide an attestation that the clinical supervision occurred in accordance with a plan that meets the following conditions:

(A) The supervision was scheduled and formalized.

(B) The supervision included review and examination of cases.

(2) The attestation shall be signed by one of the following:

(A) The supervisor, if available; or

(B) if the supervisor is not available, another person who was in the supervisee's practice setting with knowledge of the supervisee's clinical supervision.

(i) For supervision hours accrued on and after August 1, 2011, each supervisor and supervisee shall develop and cosign a written clinical supervision training plan on forms provided by the board at the beginning of the supervisory relationship. The supervisee shall submit an official position description and 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:

(1) The supervisory context, which shall include the purpose of supervision;

(2) a summary of the anticipated types of clients and the services to be provided, as evidenced by the supervisee's official position description;

(3) a plan that describes the supervision goals and objectives and the means to attain and evaluate progress towards the goals;

(4) the supervisor's responsibilities;

(5) the supervisee's responsibilities;

(6) the format and schedule of supervision;

(7) a plan for documenting the following information:

(A) The date of each supervisory meeting;

(B) the length of each supervisory meeting;

(D) a designation of each supervisory meeting as conducted in the same physical space or by another means as specified in paragraph (b)(2);

(E) the 3,000 hours of postgraduate supervised clinical addiction counseling experience, which shall include specifically documenting the 1,500 hours of direct client contact conducting substance abuse assessments and treatment; and

(F) an evaluation of the supervisee's progress under clinical supervision;

(8) a plan to address and remedy circumstances in which there is a conflict between the supervisor and the supervisee;

(9) a plan to notify clients of the following information:

(A) The fact that the supervisee is practicing addiction counseling under supervision;

(B) the limits of client confidentiality within the supervisory process; and

(10) the date on which the parties entered into the clinical supervision training plan and the time frame that the plan is intended to encompass;

(11) an agreement to amend or renegotiate the terms of the clinical supervision training plan, if warranted, including written notification of these changes to the board office, as provided in subsection (j);

(12) the supervisee's informed consent for the supervisor to discuss supervision or performance issues with the supervisee's clients, the supervisee's other addiction counseling or employment supervisors, the board, or any other individual or entity to which either the supervisee or the supervisor is professionally accountable; and

(13) a statement signed by each supervisor and supervisee acknowledging that each person has read and agrees to the postgraduate supervised professional experience requirements specified in this regulation.

(j) 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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 2021 Supp. 65-6610, as amended by 2022 SB 453, sec. 4; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012; amended Dec. 16, 2022.)

Kan. Admin. Regs. § 102-7-7 Renewal; late renewal

(a) To be considered for license renewal, each licensed addiction counselor, each licensed master's addiction counselor, and each licensed clinical addiction counselor shall submit the following items to the board:

(1) A completed renewal application;

(2) the continuing education reporting form; and

(3) the renewal fee specified in K.A.R. 102-7-2.

(b) If the items specified in subsection (a) are not submitted before the date the license expires, the licensee may late renew the license by performing the following:

(1) Submitting a completed late renewal application form;

(2) paying the required renewal fee and the late renewal penalty fee specified in K.A.R. 102-7-2; and

(3) submitting the continuing education reporting form and documentation pursuant to K.A.R. 102-7-10.

(c) Each individual who holds an addiction counseling license, a master's addiction counseling license, or a clinical addiction counseling license but who fails to renew the license before its expiration and subsequently applies to renew the license shall indicate the following on the late renewal application form:

(1) Specification of whether or not the individual has continued to practice addiction counseling in Kansas or has continued to represent that individual as being a licensed addiction counselor, a licensed master's addiction counselor, or a licensed clinical addiction counselor in Kansas after the individual's license expired; and

(2) if either condition in paragraph (c)(1) has been met, an explanation of the circumstances.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 2023 Supp. 65-6614 and K.S.A. 74-7507; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012; amended June 21, 2024.)

Kan. Admin. Regs. § 102-7-7a Reinstatement after suspension or revocation

(a) If the license of any individual has been suspended and the individual subsequently wants to apply for license reinstatement, the individual shall submit the following items:

(1) The completed reinstatement application form;

(2) the required reinstatement fee specified in K.A.R. 102-7-2;

(3) the continuing education reporting form and documentation pursuant to K.A.R. 102-7-10;

(4) proof satisfactory to the board that the individual has complied with sanctions and any other conditions imposed under the suspension; and

(5) any materials, information, evaluation or examination reports, or other documentation that may be requested by the board and that will enable the board to satisfactorily evaluate and determine whether or not the license should be reinstated.

(b) If the license of any individual has been revoked and the individual subsequently wants to apply for license reinstatement, the individual shall submit the following items:

(1) The completed reinstatement application form;

(2) the required reinstatement fee specified in K.A.R. 102-7-2;

(3) the continuing education reporting form and documentation pursuant to K.A.R. 102-7-10; and

(4) any materials, information, evaluation or examination reports, or other documentation that the board may request and that will enable the board to satisfactorily evaluate and determine whether or not to reinstate the license. Factors to be considered by the board in determining whether or not to reinstate the revoked license shall include the following:

(A) The extent to which the individual presently merits the public trust;

(B) the extent to which the individual has demonstrated consciousness of the misconduct that resulted in the license revocation;

(C) the extent of the individual's remediation and rehabilitation in regard to the misconduct that resulted in the license revocation;

(D) the nature and seriousness of the original misconduct;

(E) the individual's conduct after the license revocation;

(F) the time elapsed since the license revocation; and

(G) the individual's present knowledge and competence in addiction counseling skills.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2010 Supp. 74-7507, as amended by L. 2010, ch. 45, §15; implementing L. 2010, ch. 45, §8, as amended by 2011 HB 2182, §14; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012.)

Kan. Admin. Regs. § 102-7-8 Renewal audit

(a) A random audit of the continuing education documentation for 10 percent of the addiction counselor licenses, the master's addiction counselor licenses, and the clinical addiction counselor licenses expiring each month shall be conducted by the board.

(b) Each licensee selected for the random audit shall be notified after the board has received the licensee's renewal application form required by K.A.R. 102-7-7.

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

(1) The completed renewal audit forms; and

(2) the original continuing education documents that validate all continuing education hours claimed for credit during the current renewal period.

(d) Continuing education hours that a renewal applicant earns after board receipt of the renewal application form shall not be approved for continuing education credit for the period being audited.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-7507; implementing K.S.A. 2023 Supp. 65-6614 and K.S.A. 74-7507; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012; amended June 21, 2024.)

Kan. Admin. Regs. § 102-7-9 Continuing education

(a) Each licensee shall complete 30 hours of documented and approved continuing education oriented to the enhancement of an addiction counselor's practice, values, ethics, skills, or knowledge during each two-year renewal period. Continuing education hours accumulated in excess of the requirement shall not be carried over to the next renewal period.

(b) During each two-year renewal period and as a part of the required continuing education hours, each licensee shall complete three hours of professional ethics and each clinical addiction counselor licensee shall complete six hours related to the diagnosis and treatment of substance use disorders. These hours shall be obtained from any of the activities specified in paragraphs (d)(1), (d)(2), (d)(3), (d)(4), (d)(9), and (d)(10).

(c) One hour of continuing education credit shall consist of at least 50 minutes of classroom instruction or at least one clock-hour of other types of acceptable continuing education experiences listed in subsection (d). One-quarter hour of continuing education credit may be granted for each 15 minutes of acceptable continuing education. Credit shall not be granted for fewer than 15 minutes.

(d) Acceptable continuing education, whether taken within the state or outside the state, shall include the following:

(1) An academic addiction counseling course or an academic course oriented to the enhancement of addiction counselor's practice, values, ethics, skills, or knowledge that is taken for academic credit. Each licensee shall be granted 15 continuing education hours for each academic credit hour that the licensee successfully completes. The maximum number of allowable continuing education hours shall be 30;

(2) an academic addiction counseling course, or an academic course oriented to the enhancement of an addiction counselor's practice, values, ethics, skills, or knowledge, that is audited. Each licensee shall receive continuing education credit on the basis of the actual contact time that the licensee spends attending the course, up to a maximum of 15 hours per academic credit hour. The maximum numbers of allowable continuing education hours shall be 30;

(3) a seminar, institute, conference, workshop, or course. The maximum number of allowable continuing education hours shall be 30;

(6) a cross-disciplinary offering in medicine, law, a foreign or sign language, computer science, professional or technical writing, business administration, management sciences, or any other discipline if the offering is clearly related to the enhancement of an addiction counselor's practice, values, ethics, skills, or knowledge. The maximum number of allowable continuing education hours shall be 10;

(7) a self-directed learning project preapproved by the board. The maximum number of allowable continuing education hours shall be 10;

(8) providing supervision to practicum or intern students, applicants for licensure as clinical addiction counselors, or other clinical mental health practitioners. The maximum number of allowable continuing education hours shall be 10;

(9) the first-time preparation and presentation of an addiction seminar, institute, conference, workshop, or course, or the substantial revision of an addiction counseling seminar, institute, conference, workshop, or course. The maximum number of allowable continuing education hours shall be 10 for documented preparation and presentation time;

(10) the preparation of a professional addiction counseling article published for the first time in a 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; and

(11) participation in a professional organization or appointment to a professional credentialing board, if the goals of the organization or board are clearly related to the enhancement of addiction counseling practice, values, ethics, skills, and knowledge. Participation may include holding office or serving on committees of the organization or board. The maximum number of allowable continuing education hours shall be 10.

(e)Continuing education credit approval shall not be granted for identical programs if the programs are completed within the same renewal period.

(f)Continuing education credit shall not be granted for the following:

(1) In-service training, if the training is for job orientation or job training or is specific to the employing agency; and

(2) any activity for which the licensee cannot demonstrate to the board's satisfaction that the program's goals and objectives are to enhance the licensee's practice, values, ethics, skills, or knowledge in addiction counseling.

(f)Each licensee shall maintain individual, original continuing education records. These records shall document the licensee's continuing education activity attendance, participation, or completion as specified in K.A.R. 102-7-10. Any licensee may be required to submit these records to the board at least 30 days before the expiration date of each current licensure period.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2010 Supp. 74-7507, as amended by L. 2010, ch. 45, §15; implementing L. 2010, ch. 45, §8, as amended by 2011 HB 2182, §14; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012.)

Kan. Admin. Regs. § 102-7-10 Documentation of continuing education

Each of the following forms of documentation shall be accepted as proof that a licensee has completed that continuing education activity:

(a) An official transcript or other proof indicating a passing grade for an academic course;

(b) a statement signed by the instructor indicating the number of actual contact hours attended for an audited academic course. A copy shall not be accepted;

(c) a signed statement from the provider of a seminar, institute, conference, workshop, or course indicating that the licensee attended the continuing education program. A copy shall not be accepted;

(d) for each videotape, audiotape, computerized interactive learning module, or telecast that the licensee utilized for continuing education purposes, a written statement from the licensee specifying the media format, content title, presenter or sponsor, content description, length, and activity date;

(e) a copy of a self-directed project. The licensee shall submit this copy to the board to evaluate and certify the number of credit hours that the board will grant;

(f) written, signed verification from the university practicum or intern instructor or other official training director for whom the licensee supervised undergraduate or graduate students or from the postgraduate supervisee for whom the licensee provided supervision. A copy shall not be accepted;

(g) a copy of an academic course syllabus and verification that the licensee presented the course;

(h) a copy of a letter from the presentation sponsor or a copy of the brochure announcing the licensee as the presenter, the agenda of the presentation, and verification that the licensee presented the seminar, institute, conference, workshop, or course;

(i) a copy of an article or book chapter written by the licensee and verification of publication or written presentation at a professional meeting. The licensee shall submit these materials to the board to evaluate and certify the number of hours of credit to be granted; and

(j) a signed letter from a professional organization or credentialing board outlining the licensee's participation in that professional organization or credentialing board. A copy shall not be accepted.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2010 Supp. 74-7507, as amended by L. 2010, ch. 45, §15; implementing L. 2010, ch. 45, §8, as amended by 2011 HB 2182, §14; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012.)

Kan. Admin. Regs. § 102-7-11 Unprofessional conduct

Each of the following acts shall be considered unprofessional conduct for a licensed addiction counselor, a licensed clinical addiction counselor, or an applicant for an addiction counselor license or a clinical addiction counselor license:

(a) Except when the information has been obtained in the context of confidentiality, failing to notify the board, within a reasonable period of time, that the licensee or applicant or any other person regulated by the board or applying for licensure or registration has met any of these conditions:

(1) Has 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, or asked to resign from employment, or has resigned from employment, for some form of misfeasance, malfeasance, or nonfeasance;

(4) has been substantiated of abuse against a child, an adult, or a resident of a care facility; or

(5) has practiced the licensee's profession in violation of the laws or regulations that regulate the profession;

(b) knowingly allowing another person to use one's license;

(d) having been convicted of a crime resulting from or relating to one's professional practice of addiction counseling;

(e) furthering the licensure application of another person who is known or reasonably believed to be unqualified with respect to character, education, or other relevant eligibility requirements;

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

(g)failing to recognize, seek intervention, and otherwise appropriately respond when one's own personal problems, psychosocial distress, or mental health difficulties interfere with or negatively impact professional judgment, professional performance and functioning, or the ability to act in the client's best interests;

(h)failing or refusing to cooperate in a timely manner with any request from the board for a response, information, or assistance with respect to the board's investigation of any report of an alleged violation filed against oneself or any other applicant or professional who is required to be licensed or registered by the board. Each person taking longer than 30 days to provide the requested response, information, or assistance shall have the burden of demonstrating that the person has acted in a timely manner;

(i)offering to perform or performing services clearly inconsistent or incommensurate with one's training, education, or experience or with accepted professional standards;

(j)engaging in any behavior that is abusive or demeaning to a client, student, or supervisee;

(k)imposing one's personal values, spiritual beliefs, or lifestyle on a client, student, or supervisee;

(l)discriminating against any client, student, directee, or supervisee on the basis of color, race, gender, age, religion, national origin, or disability;

(m)failing to inform each client of that client's rights as those rights relate to the addiction counseling relationship;

(n)failing to provide each client with a description of the services, fees, and payment expectations, or failing to reasonably comply with that description;

(o)failing to provide each client with a description of the possible effects of the proposed treatment if the treatment is experimental or if there are clear and known risks to the client;

(p)failing to inform each client, student, or supervisee of any financial interests that might accrue to the licensee or applicant if the licensee or applicant refers a client, student, or supervisee to any other service or if the licensee or applicant uses any tests, books, or apparatus;

(q)failing to inform each client that the client can receive services from a public agency if one is employed by that public agency and also offers services privately;

(r)failing to obtain written, informed consent from each client, or the client's legal representative or representatives, before performing any of the following actions:

(1) Electronically recording sessions with that client;

(2) permitting a third-party observation of their activities; or

(3) releasing information concerning a client to a third person, unless required or permitted by law;

(s)failing to exercise due diligence in protecting the information regarding the client from disclosure by other persons in one's work or practice setting;

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

(u)using alcohol or any illegal drug or misusing any substance that could cause impairment while performing the duties or services of an addiction counselor;

(v)engaging in a harmful dual relationship or exercising undue influence;

(w)making sexual advances toward or engaging in physical intimacies or sexual activities with either of the following:

(1) Any person who is a client, supervisee, or student; or

(2) any person who has a significant relationship with the client and that relationship is known to the licensee;

(x)making sexual advances toward or engaging in physical intimacies or sexual activities with any person who meets either of the following conditions:

(1) Has been a client within the past 24 months; or

(2) has had a significant relationship with a current client or a person who has been a client within the past 24 months and that relationship is known to the licensee;

(y)directly or indirectly offering or giving to a third party or soliciting, receiving, or agreeing to receive from a third party any fee or other consideration for referring the client or in connection with performing professional services;

(z)permitting any person to share in the fees for professional services, other than a partner, an employee, an associate in a professional firm, or a consultant authorized to practice addiction counseling or clinical addiction counseling;

(aa) soliciting or assuming professional responsibility for clients of another agency or colleague without attempting to coordinate the continued provision of client services by that agency or colleague;

(bb) making claims of professional superiority that one cannot substantiate;

(cc) guaranteeing that satisfaction or a cure will result from performing or providing any professional service;

(dd) claiming or using any secret or special method of treatment or techniques that one refuses to disclose to the board;

(ee) continuing or ordering tests, procedures, or treatments or using treatment facilities or services not warranted by the client's condition, best interests, or preferences;

(ff) taking credit for work not personally performed, whether by giving inaccurate or misleading information or by failing to disclose accurate or material information;

(gg) if engaged in research, failing to meet these requirements:

(1) Considering carefully the possible consequences for human beings participating in the research;

(2) protecting each participant from unwarranted physical and mental harm;

(3) ascertaining that each participant's consent is voluntary and informed; and

(4) preserving the privacy and protecting the anonymity of each subject of the research within the terms of informed consent;

(hh) making or filing a report that one knows to be false, distorted, erroneous, incomplete, or misleading;

(ii) failing to notify the client promptly if one anticipates terminating or interrupting service to the client;

(jj) 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;

(kk) abandoning employment under circumstances that seriously impair the delivery of professional care to clients and without providing reasonable notice to the employer;

(ll) failing to terminate addiction counseling services if it is apparent that the relationship no longer serves the client's needs or best interests;

(mm) when supervising, failing to provide accurate and current information, timely evaluations, and constructive consultation;

(nn) when applicable, failing to inform a client that addiction counseling services are provided or delivered under supervision;

(oo) failing to inform a client that addiction counseling services are delivered under supervision as a student or an individual seeking clinical licensure;

(pp) failing to report unprofessional conduct of a licensed addiction counselor, licensed clinical addiction counselor, or any individual licensed by the board;

(qq) intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing another person from filing a report or record that is required by state or federal law, or inducing another person to take any of these actions;

(rr) offering to perform or performing any service, procedure, or therapy that, by the accepted standards of addiction counseling practice in the community, would constitute experimentation on human subjects without first obtaining the full, informed, and voluntary written consent of the client or the client's legal representative or representatives;

(ss) practicing addiction counseling after one's license expires;

(tt) using without a license, or continuing to use after a license has expired, any title or abbreviation defined by regulation; and

(uu) violating any provision of the addictions counselor licensure act or any implementing regulation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2010 Supp. 74-7507, as amended by L. 2010, ch. 45, §15; implementing L. 2011, ch. 114, §15; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012.)

Kan. Admin. Regs. § 102-7-11a Recordkeeping

(a) Each licensed addiction counselor and each licensed clinical addiction counselor shall maintain a record for each client that accurately reflects the licensee's contact with the client and the results of the addiction counseling or clinical addiction counseling services provided. Each licensee shall have ultimate responsibility for the content of the licensee's records and the records of those persons under the licensee's supervision. These records may be maintained in a variety of formats, if reasonable steps are taken to maintain the confidentiality, accessibility, and durability of the records. Each record shall be completed in a timely manner and, at a minimum, shall include the following information for each client in sufficient detail to permit planning for continuity of care:

(1) Adequate identifying data;

(2) the date or dates of services that the licensee or the licensee's supervisee provided;

(3) the type or types of services that the licensee or the licensee's supervisee provided;

(4) the initial assessment, conclusions, and recommendations;

(5) the treatment plan; and

(6) the clinical or progress notes from each session.

(b) If a licensee is the owner or custodian of client records, the licensee shall retain a complete record for the following time periods, unless otherwise provided by law:

(1) At least six years after the date of termination of one or more contacts with an adult; and

(2) for a client who is a minor on the date of termination of the contact or contacts, at least until the later of the following two dates:

(A) Two years past the date on which the client reaches the age of majority; or

(B) six years after the date of termination of the contact or contacts with the minor.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2010 Supp. 74-7507, as amended by L. 2010, ch. 45, §15; implementing L. 2010, ch. 45, §2, as amended by 2011 HB 2182, §10; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012.)

Kan. Admin. Regs. § 102-7-12 Designation of referral source for use in the diagnosis and treatment of substance use disorders

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-6608 and 74-7507; implementing K.S.A. 65-6608 and 65-6610; effective, T-102-7-1-11, July 1, 2011; effective, T-102-10-27-11, Oct. 27, 2011; effective Jan. 20, 2012; amended March 15, 2019.)

Article 8 Applied Behavior Analysis

Kan. Admin. Regs. § 102-8-1 Definitions

Each of the following terms, as used in the act and this article of the board's regulations, shall have the meaning specified in this regulation:

(a) "Academic equivalent of a semester credit hour" means the prorated proportionate credit for formal academic coursework if that coursework is completed on the basis of trimester or quarter hours rather than semester hours.

(b) "Act" means applied behavior analysis licensure act.

(d) "Continuing education" means formally organized programs or activities that are designed for and have content intended to enhance the licensee's skill, values, ethics, and ability to practice applied behavior analysis.

(e) "Fraudulent representation" shall include the following:

(1) Deceit;

(2) misrepresentation; and

(3) concealing a material fact.

(f) "Harmful dual relationship" means a professional relationship between a licensee and a client, student, supervisee, or any person who has had a significant relationship with either a current client or a person who has been a client within the past 24 months if that relationship is known to the licensee, in which the objectivity or competency of the licensee is impaired or compromised because of any of the following types of present or previous relationships:

(1) Familial;

(2) social;

(3) emotional;

(4) financial;

(5) supervisory; or

(6) administrative.

(g) "Malfeasance" means the performance of an act by a licensee that is prohibited or that constitutes wrongdoing or misconduct.

(h) "Misfeasance" means the improper performance of a lawful act by a licensee.

(i) "Nonfeasance" means the omission of an act that a licensee is required to do.

(j) "Practice setting" means the public or private agency or delivery system within which applied behavior analysis is practiced or delivered.

(k) "Related field" means a degree program in a helping profession and shall include the following:

(1) Counseling;

(2) education;

(3) engineering;

(4) healing arts;

(5) human services;

(6) marriage and family therapy;

(7) natural sciences;

(8) social work; and

(9) psychology.

(l) "Undue influence" means misusing one's professional position of confidence, trust, or authority over a client or supervisee or taking advantage of a client's vulnerability, weakness, infirmity, or distress for any of the following purposes:

(1) To improperly influence or change a client's or supervisee's actions or decisions;

(2) to exploit a client or supervisee for the licensee's or a third party's financial gain, personal gratification, or advantage; or

(3) to impose one's personal values, spiritual beliefs, or lifestyle on a client, student, or supervisee.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2015 Supp. 65-7505; effective, T-102-6-29-16, June 29, 2016; effective Nov. 14, 2016.)

Kan. Admin. Regs. § 102-8-2 Fees

(a) Each applicant for licensure as an assistant behavior analyst or a behavior analyst shall pay the appropriate fee or fees as follows:

(1) Initial assistant behavior analyst license, $70;

(2) initial behavior analyst license, $70;

(3) renewal of an assistant behavior analyst license, $70; or

(4) renewal of a behavior analyst license, $120.

(b) Fees paid to the board shall not be refundable.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2015 Supp. 65-7505; effective, T-102-6-29-16, June 29, 2016; effective Nov. 14, 2016.)

Kan. Admin. Regs. § 102-8-4 Application for licensure

(a) Each applicant for licensure as an assistant behavior analyst or a behavior analyst shall request the appropriate forms from the executive director of the board.

(b) Each applicant for licensure as an assistant behavior analyst shall submit the completed application materials to the board and perform the following:

(1) Submit the application fee as specified in K.A.R. 102-8-2;

(2) submit proof that the applicant has met the requirements for certification to practice applied behavior analysis at the assistant level; and

(3)(A) Arrange for the applicant's transcripts covering all applicable college or university coursework, including the required baccalaureate degree, to be sent directly from each academic institution to the board office. Each applicant who graduated from a college or university outside the United States shall also arrange for the applicant's transcript to be translated and evaluated for degree equivalency by a source and in a manner acceptable to the board; or

(B) arrange for a copy of the applicant's transcripts covering all applicable college or university coursework, including the required baccalaureate degree, to be sent directly to the board from the certifying entity.

(c) Each applicant for licensure as a behavior analyst shall submit the completed application materials to the board and perform the following:

(1) Submit the application fee as specified in K.A.R. 102-8-2;

(2) submit proof that the applicant has met the requirements for certification to practice applied behavior analysis; and

(3)(A) Arrange for the applicant's transcripts covering all applicable college or university coursework, including the required graduate degree, to be sent directly from each academic institution to the board office. Each applicant who graduated from a college or university outside the United States shall also arrange for the applicant's transcript to be translated and evaluated for degree equivalency by a source and in a manner acceptable to the board; or

(B) arrange for a copy of the applicant's transcripts covering all applicable college or university coursework, including the required graduate degree, to be sent directly to the board from the certifying entity.

(d) Each applicant who has met all requirements for licensure pursuant to the act and this article of the board's regulations and has paid the initial license fee specified in K.A.R. 102-8-2 shall be licensed by the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2015 Supp. 65-7505; effective, T-102-6-29-16, June 29, 2016; effective Nov. 14, 2016.)

Kan. Admin. Regs. § 102-8-6 Supervision

(a) Each licensed assistant behavior analyst shall be supervised by a licensed behavior analyst.

(b) Each licensed assistant behavior analyst shall receive at least 12 supervision sessions annually. Each supervision session shall require two-way interactions involving real-time visual and auditory contact. The supervision shall include the following:

(1) At least one monthly supervision session of at least one hour each. At least two of the 12 supervision sessions shall be conducted with the supervisee in person and shall include direct observation of the supervisee's provision of applied behavior analysis services to clients. Except as specified in this paragraph, no more than half of the supervision sessions may be conducted in group supervision. Under extenuating circumstances approved by the board, additional group supervision may be allowed. The licensee shall submit a written request to the board with a detailed explanation of the extenuating circumstances that are the basis of the licensee's request, which shall be submitted no later than 30 days before the request would take effect; and

(2) review, discussion, and recommendations focusing on the supervisee's practice of applied behavior analysis.

(c) Each supervisor and each supervisee shall maintain documentation of the supervision for three years after the date of supervision.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2015 Supp. 65-7505; effective, T-102-6-29-16, June 29, 2016; effective Nov. 14, 2016.)

Kan. Admin. Regs. § 102-8-7 License; expiration and renewal

(a) Each license issued pursuant to the act shall expire 24 months after the date of issuance unless revoked before that time.

(b) To be considered for license renewal, each licensed assistant behavior analyst and each licensed behavior analyst shall submit the following items to the board:

(1) A completed renewal application;

(2) the continuing education reporting form;

(3) the renewal fee specified in K.A.R. 102-8-2; and

(4) for each licensed assistant behavior analyst, the following proof of supervision required in K.A.R. 102-8-6:

(A) The name and identifying information of any licensed behavior analyst providing supervision; and

(B) documentation that supervision was provided, including dates, format, and length of time as verified by the supervisor.

(c) Each licensee who fails to renew the license before its expiration and who subsequently applies for late renewal of the license shall indicate on the late renewal application form whether the individual has continued to engage in the practice of applied behavior analysis in Kansas or has continued to represent that individual in Kansas as a licensed assistant behavior analyst or licensed behavior analyst and, if so, under what circumstances.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2015 Supp. 65-7505; effective, T-102-6-29-16, June 29, 2016; effective Nov. 14, 2016.)

Kan. Admin. Regs. § 102-8-8 Renewal audit

(a) Each licensee selected for a random audit shall submit the following to the board within 30 days after the license expiration date:

(1) The completed renewal audit forms; and

(2) either the original continuing education documents that validate all continuing education hours claimed for credit during the current renewal period or other documentation of completed continuing education hours approved by the board.

(b) Continuing education hours that a renewal applicant earns after board receipt of the renewal application form shall not be approved for continuing education credit for the period being audited.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2015 Supp. 65-7505; implementing K.S.A. 2015 Supp. 65-7504 and 65-7505; effective, T-102-6-29-16, June 29, 2016; effective Nov. 14, 2016.)

Kan. Admin. Regs. § 102-8-9 Continuing education

(a) Each licensed assistant behavior analyst shall complete 30 hours of documented and approved continuing education oriented to the enhancement of the licensee's practice, values, ethics, skills, or knowledge during each two-year renewal period. Continuing education hours accumulated in excess of the requirement shall not be carried over to the next renewal period.

(b) Each licensed behavior analyst shall complete 30 hours of documented and approved continuing education oriented to the enhancement of the licensee's practice, values, ethics, skills, or knowledge during each two-year renewal period. Continuing education hours accumulated in excess of the requirement shall not be carried over to the next renewal period.

(c) During each two-year renewal period and as a part of the required continuing education hours, each licensee shall complete four hours of professional ethics. These hours shall be obtained from any of the activities specified in paragraphs (e)(1), (e)(2), (e)(3), (e)(4), (e)(9), and (e)(10).

(d) One hour of continuing education credit shall consist of at least 50 minutes of classroom instruction or at least one clock-hour of any other type of acceptable continuing education experience listed in subsection (e). One-quarter hour of continuing education credit may be granted for each 15 minutes of acceptable continuing education. Credit shall not be granted for fewer than 15 minutes.

(e) Acceptable continuing education, whether taken in Kansas or outside the state, shall consist of the following:

(1) An academic applied behavior analysis course or an academic course oriented to the enhancement of the licensee's practice, values, ethics, skills, or knowledge that is taken for academic credit. Each licensee shall be granted 15 continuing education hours for each semester credit hour or the academic equivalent of a semester credit hour that the licensee successfully completes;

(2) an academic applied behavior analysis course or an academic course oriented to the enhancement of the licensee's practice that is audited. Each licensee shall receive continuing education credit on the basis of the actual contact time that the licensee spends attending the course, up to a maximum of 15 hours per academic credit hour;

(3) a seminar, institute, conference, workshop, or course;

(4) an activity consisting of completing a computerized interactive learning module, viewing a telecast or videotape, listening to an audiotape, or reading with a posttest;

(5) an activity consisting of completing a computerized interactive learning module, viewing a telecast or videotape, listening to an audiotape, or reading without a posttest;

(6) a cross-disciplinary offering in medicine, law, a foreign or sign language, computer science, professional or technical writing, business administration, management sciences, or any other discipline if the offering is clearly related to the enhancement of the licensee's practice, values, ethics, skills, or knowledge. The maximum number of allowable continuing education hours shall be 10;

(7) a self-directed learning project preapproved by the board. The maximum number of allowable continuing education hours shall be 10;

(8) providing supervision to practicum or intern students. The maximum number of allowable continuing education hours shall be 10;

(9) the first-time preparation and presentation of an applied behavior analysis seminar, institute, conference, workshop, or course, or the substantial revision of an applied behavior analysis seminar, institute, conference, workshop, or course. The maximum number of allowable continuing education hours shall be 10 for documented preparation and presentation time;

(10) the preparation of a professional applied behavior analysis article published for the first time in a 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; and

(11) participation in a professional organization or appointment to a professional credentialing board, if the goals of the organization or board are clearly related to the enhancement of applied behavior analysis practice, values, ethics, skills, and knowledge. Participation may include holding office or serving on committees of the organization or board. The maximum number of allowable continuing education hours shall be 10.

(f) Continuing education credit approval shall not be granted for identical programs if the programs are completed within the same renewal period.

(g) Continuing education credit shall not be granted for the following:

(1) In-service training, if the training is for job orientation or job training or is specific to the employing agency; and

(h) Each licensee shall maintain individual, original continuing education records for three years after the renewal date. These records shall document the licensee's continuing education activity attendance, participation, or completion as specified in K.A.R. 102-8-10.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2015 Supp. 65-7505; effective, T-102-6-29-16, June 29, 2016; effective Nov. 14, 2016.)

Kan. Admin. Regs. § 102-8-10 Documentation of continuing education

Each of the following forms of documentation shall be accepted as proof that a licensee has completed the continuing education activity:

(a) An official transcript or other written proof indicating the licensee's passing grade for an academic course;

(b) a statement signed by the instructor indicating the number of actual contact hours that the licensee attended for an audited academic course;

(c) a signed statement from the provider of a seminar, institute, conference, workshop, or course indicating that the licensee attended the program;

(e) a copy of a self-directed project. The licensee shall submit this copy to the board to evaluate and certify the number of credit hours that the board may grant;

(g) a copy of an academic course syllabus and verification that the licensee presented the course;

(j) a signed letter from a professional organization or certifying entity outlining the licensee's participation in that professional organization or credentialing board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2015 Supp. 65-7505; effective, T-102-6-29-16, June 29, 2016; effective Nov. 14, 2016.)

Kan. Admin. Regs. § 102-8-11 Unprofessional conduct

Each of the following acts shall be considered unprofessional conduct for a licensed assistant behavior analyst, a licensed behavior analyst, or an applicant for an assistant behavior analyst license or a behavior analyst license:

(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, or asked to resign from employment or has resigned from employment, for some form of misfeasance, malfeasance, or nonfeasance; or

(4) has violated any provision of the act or any implementing regulation;

(b) knowingly allowing another person to use one's license;

(d) having been convicted of a crime resulting from or relating to one's professional practice of applied behavior analysis;

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

(f) failing to recognize, seek intervention, and otherwise appropriately respond when one's own personal problems, psychosocial distress, or mental health difficulties interfere with or negatively impact professional judgment, professional performance and functioning, or the ability to act in the client's best interests;

(g) failing or refusing to cooperate within 30 days with any request from the board for a response, information, or assistance with respect to the board's investigation of any report of an alleged violation filed against oneself or any other applicant or professional who is required to be licensed by the board. Each person taking longer than 30 days to provide the requested response, information, or assistance shall have the burden of demonstrating that the person has acted in a timely manner;

(h) offering to perform or performing services clearly inconsistent or incommensurate with one's training, education, or experience or with accepted professional standards;

(i) engaging in any behavior that is abusive or demeaning to a client, student, or supervisee;

(j) discriminating against any client, student, directee, or supervisee on the basis of age, gender, race, culture, ethnicity, national origin, religion, sexual orientation, disability, language, or socioeconomic status;

(k) failing to advise and explain to each client the respective rights, responsibilities, and duties involved in the licensee's professional relationship with the client;

(l) failing to provide each client with a description of the services, fees, and payment expectations or failing to reasonably comply with that description;

(m) failing to provide each client with a description of the possible effects of the proposed treatment if the treatment is experimental or if there are clear and known risks to the client;

(n) failing to inform each client, student, or supervisee of any financial interests that might accrue to licensee or applicant if the licensee or applicant refers a client, student, or supervisee to any other service or if the licensee or applicant uses any tests, books, or apparatus;

(o) failing to inform each client that the client can receive services from a public agency if one is employed by that public agency and also offers services privately;

(p) failing to provide copies of reports or records to a licensed healthcare provider authorized by the client following the licensee's receipt of a formal written request, unless the release of that information is restricted or exempted by law or by this article of the board's regulations, or the disclosure of the information would be injurious to the welfare of the client;

(q) failing to obtain written, informed consent from each client, or the client's legal representative or representatives, before performing any of the following actions:

(1) Electronically recording sessions with the client;

(2) permitting a third-party observation of the licensee's provision of applied behavior analysis services to the client; or

(3) releasing information concerning a client to a third person, unless required or permitted by law;

(r) failing to exercise due diligence in protecting the information regarding the client from disclosure by other persons in one's work or practice setting;

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

(t) revealing information, a confidence, or a secret of any client, or failing to protect the confidences, secrets, or information contained in a client's records, unless at least one of the following conditions is met:

(1) Disclosure is required or permitted by law;

(2) failure to disclose the information presents a serious danger to the health or safety of an individual or the public;

(3) the licensee is a party to a civil, criminal, or disciplinary investigation or action arising from the practice of applied behavior analysis, in which case disclosure shall be limited to that action; or

(4) payment for services is needed;

(u) using alcohol or any illegal drug or misusing any substance that could cause impairment while performing the duties or services of a licensee;

(v) engaging in a harmful dual relationship or exercising undue influence;

(w) making sexual advances toward or engaging in physical intimacies or sexual activities with any of the following:

(1) Any person who is a client, supervisee, or student; or

(2) any person who has a significant relationship with the client and that relationship is known to the licensee;

(x) making sexual advances toward or engaging in physical intimacies or sexual activities with any person who meets either of the following conditions:

(1) Has been a client within the past 24 months; or

(2) has had a significant relationship with a current client or a person who has been a client within the past 24 months and that relationship is known to the licensee;

(y) directly or indirectly offering or giving to a third party or soliciting, receiving, or agreeing to receive from a third party any fee or other consideration for referring the client or in connection with performing professional services;

(z) permitting any person to share in the fees for professional services, other than a partner, an employee, an associate in a professional firm, or a consultant authorized to practice applied behavior analysis;

(aa) soliciting or assuming professional responsibility for any clients of another agency or colleague without attempting to coordinate the continued provision of client services by that agency or colleague;

(bb) making claims of professional superiority that one cannot substantiate;

(cc) guaranteeing that satisfaction or a cure will result from performing or providing any professional service;

(dd) claiming or using any secret or special method of treatment or techniques that one refuses to disclose to the board;

(ee) continuing or ordering tests, procedures, or treatments or using treatment facilities or services not warranted by the client's condition, best interests, or preferences;

(ff) taking credit for work not personally performed, whether by giving inaccurate or misleading information or by failing to disclose accurate or material information;

(gg) if engaged in research, failing to meet the following requirements: