An Act concerning the behavioral sciences regulatory board; concerning professions reg-
      ulated by the board; amending K.S.A. 65-5805, 65-6302, 65-6308, 65-6313, 65-6315, 74-
      5302, 74-5318 and 74-5323 and K.S.A. 1998 Supp. 65-5802, 65-5803, 65-5804, 65-5806,
      65-5808, 65-5809, 65-5810, 65-5812, 65-6306, 65-6319, 65-6402, 65-6403, 65-6404, 65-
      6407, 65-6410, 65-6411, 74-5361, 74-5362, 74-5363, 74-5365, 74-5369, 74-5371 and 74-
      5372 and repealing the existing sections.


     
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1998 Supp. 65-5802 is hereby amended to read as
follows: 65-5802. As used in the professional counselors licensure act:

      (a) "Board" means the behavioral sciences regulatory board created
by K.S.A. 74-7501 and amendments thereto.

      (b) "Practice of professional counseling" means assisting an individual
or group for a fee, monetary or otherwise, through counseling, assess-
ment, consultation and referral and includes the diagnosis and treatment
of mental disorders as authorized under the professional counselors licen-
sure act.

      (c) "Professional counseling" means to assist an individual or group
to develop understanding of personal strengths and weaknesses, to re-
structure concepts and feelings, to define goals and to plan actions as
these are related to personal, social, educational and career development
and adjustment.

      (d) "Assessment" means selecting, administering, scoring and inter-
preting instruments designed to describe an individual's aptitudes, abili-
ties, achievements, interests and personal characteristics.

      (e) "Consultation" means the application of principles, methods and
techniques of the practice of counseling to assist in solving current or
potential problems of individuals or groups in relation to a third party.

      (f) "Referral" means the evaluation of information to identify prob-
lems and to determine the advisability of referral to other practitioners.

      (g) "Licensed professional counselor" means a person who is licensed
under this act and who engages in the private practice of professional
counseling and is licensed under this act except that on and after January
1, 2002, such person shall engage in the practice of professional counseling
only under the direction of a licensed clinical professional counselor, a
licensed psychologist, a person licensed to practice medicine and surgery
or a person licensed to provide mental health services as an independent
practitioner and whose licensure allows for the diagnosis and treatment
of mental disorders.

      (h) "Licensed clinical professional counselor" means a person who
engages in the independent practice of professional counseling including
the diagnosis and treatment of mental disorders specified in the edition
of the diagnostic and statistical manual of mental disorders of the Amer-
ican psychiatric association designated by the board by rules and regu-
lations and who is licensed under this act.

      Sec.  2. K.S.A. 1998 Supp. 65-5803 is hereby amended to read as
follows: 65-5803. (a) On and after January 1, 1997, No person shall engage
in the practice of professional counseling or represent that such person
is a licensed professional counselor, licensed counselor or professional
counselor without having first obtained a license as a professional coun-
selor under the professional counselors licensure act.

      (b) On and after the effective date of this act, no person shall engage
in the practice of professional counseling as a clinical professional coun-
selor or represent that such person is a licensed clinical professional coun-
selor without first having obtained a license as a clinical professional coun-
selor under the professional counselors licensure act.

      (b) (c) Violation of this section is a class B misdemeanor.

      Sec.  3. K.S.A. 1998 Supp. 65-5804 is hereby amended to read as
follows: 65-5804. (a) Applications for licensure as a professional counselor
shall be made to the board on a form and in the manner prescribed by
the board. Each application shall be accompanied by the fee fixed under
K.S.A. 65-5808 and amendments thereto.

      (b) Each applicant for licensure as a professional counselor shall fur-
nish evidence satisfactory to the board that the applicant:

      (1) Is at least 21 years of age;

      (2) has completed 60 graduate semester hours including a graduate
degree in counseling from a college or university approved by the board
and which includes 45 graduate semester hours distributed among each
of the following areas:

      (A) Counseling theory and practice;

      (B) the helping relationship;

      (C) group dynamics, processing and counseling;

      (D) human growth and development;

      (E) life-style and career development;

      (F) appraisal of individuals;

      (G) social and cultural foundations;

      (H) research and evaluation;

      (I) professional orientation;

      (J) supervised practicum and internship;

      (3)  (A) has over a minimum period of two years with a minimum of
4,000 supervised hours of professional experience as a professional coun-
selor inclusive of at least 1,000 supervised hours of actual client contact
acceptable to the board;

      (B) has received a minimum of 200 hours of supervision including (i)
100 hours of administrative supervision regarding general professional
function, and (ii) 100 hours of clinical supervision regarding delivery of
direct client contact services with no more than 50 hours conducted as
group supervision and no less than 50 hours conducted as individual su-
pervision and no less than four hours of clinical supervision contact
monthly, (iii) one-half of this requirement may be waived for persons
with a doctor's degree in professional counseling or a related field ac-
ceptable to the board;

      (4) (3) has passed an examination required by the board; and

      (5) (4) has satisfied the board that the applicant is a person who merits
the public trust.

      (c)  (1) Applications for licensure as a clinical professional counselor
shall be made to the board on a form and in the manner prescribed by
the board. Each applicant shall furnish evidence satisfactory to the board
that the applicant:

      (A) Is licensed by the board as a licensed professional counselor or
meets all requirements for licensure as a licensed professional counselor;

      (B) has completed 15 credit hours as part of or in addition to the
requirements under subsection (b) supporting diagnosis or treatment of
mental disorders with use of the American psychiatric association's di-
agnostic and statistical manual, through identifiable study of the following
content areas: Psychopathology, diagnostic assessment, interdisciplinary
referral and collaboration, treatment approaches and professional ethics;

      (C) has completed a graduate level supervised clinical practicum of
supervised professional experience including psychotherapy and assess-
ment with individuals, couples, families or groups, integrating diagnosis
and treatment of mental disorders with use of the American psychiatric
association's diagnostic and statistical manual, with not less than 350
hours of direct client contact or additional postgraduate supervised ex-
perience as determined by the board;

      (D) has completed not less than two years of postgraduate supervised
professional experience in accordance with a clinical supervision plan ap-
proved by the board of not less than 4,000 hours of supervised professional
experience including at least 1,500 hours of direct client contact conduct-
ing psychotherapy and assessments with individuals, couples, families or
groups and not less than 150 hours of clinical supervision, including not
less than 50 hours of person-to-person individual supervision, integrating
diagnosis and treatment of mental disorders with use of the American
psychiatric association's diagnostic and statistical manual, except that
one-half of the requirement of this part (D) may be waived for persons
with a doctor's degree in professional counseling or a related field ac-
ceptable to the board;

      (E) for persons earning a degree under subsection (b) prior to July 1,
2003, in lieu of the education requirements under parts (B) and (C) of
this subsection, has completed the education requirements for licensure
as a professional counselor in effect on the day immediately preceding the
effective date of this act;

      (F) for persons who apply for and are eligible for a temporary permit
to practice as a licensed professional counselor on the day immediately
preceding the effective date of this act, in lieu of the education and training
requirements under parts (B), (C) and (D) of this subsection, has com-
pleted the education and training requirements for licensure as a profes-
sional counselor in effect on the day immediately preceding the effective
date of this act;

      (G) has passed an examination approved by the board; and

      (H) has paid the application fee fixed under K.S.A. 65-5808 and
amendments thereto.

      (2) A person who was licensed or registered as a professional coun-
selor in Kansas at any time prior to the effective date of this act, who has
been actively engaged in the practice of professional counseling as a reg-
istered or licensed professional counselor within five years prior to the
effective date of this act and whose last license or registration in Kansas
prior to the effective date of this act was not suspended or revoked, upon
application to the board, payment of fees and completion of applicable
continuing education requirements, shall be licensed as a licensed clinical
professional counselor by providing demonstration of competence to di-
agnose and treat mental disorders through at least two of the following
areas acceptable to the board:

      (a) Either (i) graduate coursework or (ii) passing a national, clinical
examination;

      (b) either (i) three years of clinical practice in a community mental
health center, its contracted affiliate or a state mental hospital or (ii) three
years of clinical practice in other settings with demonstrated experience
in diagnosing or treating mental disorders; or

      (c) attestation from one professional licensed to diagnose and treat
mental disorders in independent practice or licensed to practice medicine
and surgery that the applicant is competent to diagnose and treat mental
disorders.

      (3) A licensed clinical professional counselor may engage in the in-
dependent practice of professional counseling and is authorized to diag-
nose and treat mental disorders specified in the edition of the diagnostic
and statistical manual of mental disorders of the American psychiatric
association designated by the board by rules and regulations. When a
client has symptoms of a mental disorder, a licensed clinical professional
counselor shall consult with the client's primary care physician or psy-
chiatrist to determine if there may be a medical condition or medication
that may be causing or contributing to the client's symptoms of a mental
disorder. A client may request in writing that such consultation be waived
and such request shall be made a part of the client's record. A licensed
clinical professional counselor may continue to evaluate and treat the
client until such time that the medical consultation is obtained or waived.

      (4) On and after January 1, 2002, a licensed professional counselor
may diagnose and treat mental disorders specified in the edition of the
diagnostic and statistical manual of mental disorders of the American
psychiatric association designated by the board by rules and regulations
only under the direction of a licensed clinical professional counselor, li-
censed psychologist, person licensed to practice medicine and surgery or
person licensed to provide mental health services as an independent prac-
titioner and whose licensure allows for the diagnosis and treatment of
mental disorders. When a client has symptoms of a mental disorder, a
licensed professional counselor shall consult with the client's primary care
physician or psychiatrist to determine if there may be a medical condition
or medication that may be causing or contributing to the client's symp-
toms of a mental disorder. A client may request in writing that such
consultation be waived and such request shall be made a part of the client's
record. A licensed professional counselor may continue to evaluate and
treat the client until such time that the medical consultation is obtained
or waived.

      (c) (d) The board shall adopt rules and regulations establishing the
criteria which a college or university shall satisfy in order to be approved
by the board. The board may send a questionnaire developed by the board
to any college or university for which the board does not have sufficient
information to determine whether the school meets the requirements for
approval and rules and regulations adopted under this section. The ques-
tionnaire providing the necessary information shall be completed and
returned to the board in order for the college or university to be consid-
ered for approval. The board may contract with investigative agencies,
commissions or consultants to assist the board in obtaining information
about colleges and universities. In entering such contracts the authority
to approve college and universities shall remain solely with the board.

      (d) (e) A person who intends to pursue the postgraduate supervised
training experience shall apply to the board for a temporary permit to
practice as a licensed professional counselor by (1) paying an application
fee of no more than $150, (2) providing evidence of graduating from a
masters or doctoral program in professional counseling acceptable to the
board, (3) submitting letters from three professionals attesting to the ap-
plicant's integrity, competence, and worthiness to merit the public's trust,
one of whom has provided direct clinical supervision of the applicant's
graduate program clinical training and (4) completing a postgraduate su-
pervised training plan on forms supplied by the board describing services
to be provided, place of employment, persons responsible for adminis-
trative oversight and clinical supervision, and statement acknowledging
behavioral sciences regulatory board postgraduate training requirements.

      (e) (f)  (1) A temporary permit may be issued by the board after the
application has been reviewed and approved by the board and the appli-
cant has paid the appropriate fee set by the board for issuance of new
licenses.

      (2) A temporary permit issued by the board shall expire at such time
as final action on the application is completed or two years after the date
of issuance of the permit. A temporary permit may be renewed for one
additional two-year period if the board finds that satisfactory progress
toward the supervised experience requirement is being met.

      (f) (g) A person practicing professional counseling with a temporary
permit may not use the title "licensed professional counselor" or the in-
itials "LPC" independently. The word "licensed" may be used only when
followed by the words "by temporary permit" such as licensed profes-
sional counselor by temporary permit, or professional counselor licensed
by temporary permit.

      New Sec.  4. A licensee under the professional counselors licensure
act, at the beginning of a client-therapist relationship, shall inform the
client of the level of such licensee's training and the title or titles and
license or licenses of such licensee. As a part of such obligation, such
licensee shall disclose whether such licensee has a master's degree or a
doctoral degree. If such licensee has a doctoral degree, such licensee shall
disclose whether or not such doctoral degree is a doctor of medicine
degree or some other doctoral degree. If such licensee does not have a
medical doctor's degree, such licensee shall disclose that the licensee is
not authorized to practice medicine and surgery and is not authorized to
prescribe drugs. As a part of such disclosure, such licensee shall advise
the client that certain mental disorders can have medical or biological
origins, and that the client should consult with a physician. Documenta-
tion of such disclosures to a client shall be made in the client's record.

      Sec.  5. K.S.A. 65-5805 is hereby amended to read as follows: 65-
5805. An application for examination as a professional counselor or as a
clinical professional counselor shall be made to the board on a form pro-
vided by the board. The application shall be accompanied by the exami-
nation fee fixed under K.S.A. 65-5808. If an applicant fails to pass the
examination, the applicant may reapply and shall be allowed to take a
subsequent examination. An applicant who has failed two successive ex-
aminations may not reapply for two years from the date of the last ex-
amination.

      Sec.  6. K.S.A. 1998 Supp. 65-5806 is hereby amended to read as
follows: 65-5806. (a) An applicant who meets the requirements for licen-
sure pursuant to this act, has paid the license fee provided for by K.S.A.
65-5808 and amendments thereto and has otherwise complied with the
provisions of this act shall be licensed by the board.

      (b) Licenses issued pursuant to this act shall expire 24 months from
the date of issuance unless revoked prior to that time. A license may be
renewed upon application and payment of the fee provided for by K.S.A.
65-5808 and amendments thereto. The application for renewal shall be
accompanied by evidence satisfactory to the board that the applicant has
completed during the previous 24 months the continuing education re-
quired by rules and regulations of the board. As part of such continuing
education, a licensee shall complete not less than six continuing education
hours relating to diagnosis and treatment of mental disorders and not less
than three continuing education hours of professional ethics.

      (c) A person whose license has been suspended or revoked may make
written application to the board requesting reinstatement of the license
upon termination of the period of suspension or revocation in a manner
prescribed by the board, which application shall be accompanied by the
fee provided for by K.S.A. 65-5808 and amendments thereto.

      Sec.  7. K.S.A. 1998 Supp. 65-5808 is hereby amended to read as
follows: 65-5808. (a) The board shall fix by rules and regulations the fol-
lowing fees:

      (1) For application for licensure, not more than $100;

      (2) for an original license, not more than $175;

      (3) for examination, not more than $175;

      (4) for renewal of a license, not more than $150;

      (5) for reinstatement of a license, not more than $175;

      (6) for replacement of a license, not more than $20;

      (7) for application for endorsement in a specialty licensure as a clin-
ical professional counselor, not more than $175;

      (8) for biennial renewal for endorsement in a specialty licensure as a
clinical professional counselor, not more than $175;

      (9) for late renewal penalty, an amount equal to the fee for renewal
of a license; and

      (10) for exchange of a license in lieu of registration pursuant to sub-
section (b) of K.S.A. 65-5811 and amendments thereto, not to exceed
$150.

      (b) Fees paid to the board are not refundable.

      Sec.  8. K.S.A. 1998 Supp. 65-5809 is hereby amended to read as
follows: 65-5809. The board may refuse to issue, suspend, limit, refuse to
renew or revoke any license or specialty designation granted under the
professional counselors licensure act for any of the following reasons:

      (a) Use of drugs or alcohol, or both, to an extent that impairs the
individual's ability to engage in the practice of professional counseling;

      (b) the individual has been convicted of a felony and, after investi-
gation, the board finds that the individual has not been sufficiently re-
habilitated to merit the public trust;

      (c) use of fraud, deception, misrepresentation or bribery in securing
any license issued pursuant to the provisions of the professional counsel-
ors licensure act or in obtaining permission to take any examination given
or required pursuant to the provisions of the professional counselors li-
censure act;

      (d) obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;

      (e) incompetence, misconduct, fraud, misrepresentation or dishon-
esty in the performance of the functions or duties of a professional coun-
selor or clinical professional counselor;

      (f) violation of, or assisting or enabling any individual to violate, any
provision of the professional counselors licensure act or any rule and
regulation adopted under such act;

      (g) impersonation of any individual holding a license or allowing any
individual to use a license or diploma from any school of a person licensed
under the professional counselors licensure act or a diploma from any
school of an applicant for licensure under the professional counselors
licensure act;

      (h) revocation or suspension of a license or other authorization to
practice counseling granted by another state, territory, federal agency or
country upon grounds for which revocation or suspension is authorized
by the professional counselors licensure act;

      (i) the individual is mentally ill or physically disabled to an extent that
impairs the individual's ability to engage in the practice of professional
counseling;

      (j) assisting or enabling any person to hold oneself out to the public
or offer to hold oneself out to the public as a licensed professional coun-
selor or a licensed clinical professional counselor who is not licensed un-
der the provisions of the professional counselors licensure act;

      (k) the issuance of the license was based upon a material mistake of
fact;

      (l) violation of any professional trust or confidence;

      (m) use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed;

      (n) unprofessional conduct as defined by rules and regulations
adopted by the board; or

      (o) the licensee has had a registration, license or certificate as a pro-
fessional counselor revoked, suspended or limited, or has had other dis-
ciplinary action taken, or an application for a registration, license or cer-
tificate denied, by the proper regulatory authority of another state,
territory, District of Columbia, or other country, a certified copy of the
record of the action of the other jurisdiction being conclusive evidence
thereof.

      Sec.  9. K.S.A. 1998 Supp. 65-5810 is hereby amended to read as
follows: 65-5810. (a) The confidential relations and communications be-
tween a licensed professional counselor and such counselor's client are
placed on the same basis as provided by law for those between an attorney
and an attorney's client.

      (b) The confidential relations and communications between a licensed
clinical professional counselor and such counselor's client are placed on
the same basis as provided by law for those between an attorney and an
attorney's client.

      (c) Nothing in this section or in this act shall be construed to prohibit
any licensed professional counselor or licensed clinical professional coun-
selor from testifying in court hearings concerning matters of adult abuse,
adoption, child abuse, child neglect, or other matters pertaining to the
welfare of children or from seeking collaboration or consultation with
professional colleagues or administrative superiors, or both, on behalf of
the client. There is no privilege under this section for information which
is required to be reported to a public official.

      Sec.  10. K.S.A. 1998 Supp. 65-5812 is hereby amended to read as
follows: 65-5812. Nothing in the professional counselors licensure act
shall be construed:

      (a) To apply to the activities and services of qualified members of
other professional groups including, but not limited to, attorneys, physi-
cians, psychologists, masters level psychologists, marriage and family ther-
apists, registered nurses or social workers, others performing counseling
not for a fee, or others performing counseling consistent with the laws of
this state, their training and any code of ethics of their professions, in-
cluding school, industrial, financial, vocational, rehabilitation or any sim-
ilar type counselor so long as they do not represent themselves by any
title or description in the manner prescribed in K.S.A. 65-5803 and
amendments thereto;

      (b) to apply to the activities, services and use of an official title on the
part of an individual employed as a counselor by any federal, state, county
or municipal agency or public, any private educational institution, so long
as such individuals are performing counseling or counseling-related ac-
tivities within the scope of their employment;

      (c) to apply to the activities and services rendered by a nonresident
individual not more than 30 days during any calendar year, such individual
is duly authorized to perform such activities and services under the laws
of the state or country of such individual's principal residence;

      (d) to apply to the activities and services of a rabbi, priest, minister
or clergy person of any religious denomination or sect, including a Chris-
tian Science practitioner, or any public or private not-for-profit organi-
zation, corporation or association, including but not limited to camp coun-
selors, crisis center counselors, community hot-line counselors or suicide
hot-line counselors, so long as such activities and services are within the
scope of the performance of such individual's regular or specialized min-
isterial duties;

      (e) to authorize a person licensed under this act to diagnose or treat
mental illness or disease except that licensed clinical professional coun-
selors may diagnose and treat mental disorders in accordance with this
act;

      (f) to prohibit the activities of persons licensed or otherwise regulated
by the state board of education or otherwise licensed, registered, or oth-
erwise regulated by the laws of this state and who are performing services
consistent with the laws of this state, their training and any code of ethics
of their profession;

      (g) to prohibit the activities of students or interns enrolled in an ap-
proved academic program while engaged in such academic program;

      (h) in any way to restrict any person from carrying on any of the
aforesaid activities in the free expression or exchange of ideas concerning
the practice of professional counseling, the application of its principles,
the teaching of such subject matter, and the conducting of research on
problems relating to human behavior if such person does not represent
such person or such person's services in any manner prohibited by this
act;

      (i) to prohibit the activities of persons performing services pursuant
to a temporary permit issued pursuant to this act;

      (j) to apply to the activities of persons working under the supervision
of a clinical professional counselor;

      (k) to prohibit the activities of any weight control consultants or ad-
visors in recognized, legitimate programs or business environments;

      (l) to prevent qualified persons from doing work within the standards
and ethics of their respective professions and callings provided they do
not hold themselves out to the public by any title or description of services
as being engaged in the practice of professional counseling.

      Sec.  11. K.S.A. 65-6302 is hereby amended to read as follows: 65-
6302. As used in this act, unless the context clearly requires otherwise,
the following words and phrases shall have the meaning ascribed to them
in this section:

      (a) "Board" means the behavioral sciences regulatory board created
by K.S.A. 74-7501.

      (b) "Social work practice" means the professional activity of helping
individuals, groups or communities enhance or restore their capacity for
physical, social and economic functioning and the professional application
of social work values, principles and techniques in areas such as psycho-
therapy, social service administration, social planning, social work con-
sultation and social work research to one or more of the following ends:
Helping people obtain tangible services; counseling with individuals, fam-
ilies and groups; helping communities or groups provide or improve social
and health services; and participating in relevant social action. The prac-
tice of social work requires knowledge of human development and be-
havior; of social, economic and cultural institutions and forces; and of the
interaction of all these factors. Social work practice includes the teaching
of practicum courses in social work and includes the diagnosis and treat-
ment of mental disorders as authorized under K.S.A. 65-6306 and 65-
6319, and amendments thereto.

      (c) "Psychotherapy" means the use of psychological and social meth-
ods within a professional relationship, to assist the person or persons to
achieve a better psychosocial adaptation to acquire greater human reali-
zation of psychosocial potential and adaptation; to modify internal and
external conditions which affect individuals, groups or communities in
respect to behavior, emotions and thinking, in respect to their intra-per-
sonal and inter-personal processes. Forms of psychotherapy include but
are not restricted to individual psychotherapy, conjoint marital therapy,
family therapy and group psychotherapy.

      Sec.  12. K.S.A. 1998 Supp. 65-6306 is hereby amended to read as
follows: 65-6306. (a) The board shall issue a license as a baccalaureate
social worker to an applicant who:

      (1) Has a baccalaureate degree from an accredited college or univer-
sity, including completion of a social work program recognized and ap-
proved by the board, pursuant to rules and regulations adopted by the
board;

      (2) has passed an examination approved by the board for this purpose;
and

      (3) has satisfied the board that the applicant is a person who merits
the public trust.

      (b) The board shall issue a license as a master social worker to an
applicant who:

      (1) Has a master's degree from an accredited college or university,
including completion of a social work program recognized and approved
by the board, pursuant to rules and regulations adopted by the board;

      (2) has passed an examination approved by the board for this purpose;
and

      (3) has satisfied the board that the applicant is a person who merits
the public trust.

      (c) The board shall issue a license in one of the social work specialties
to an applicant who:

      (1) Has a master's or doctor's degree from an accredited graduate
school of social work, including completion of a social work program rec-
ognized and approved by the board, pursuant to rules and regulations
adopted by the board;

      (2) has had two years of full-time post-master's or post-doctor's de-
gree experience under the supervision of a licensed social worker in the
area of the specialty in which such applicant seeks to be licensed;

      (3) has passed an examination approved by the board for this purpose;
and

      (4) has satisfied the board that the applicant is a person who merits
the public trust.

      (d) The board shall issue a license as a specialist clinical social worker
only to an applicant who has met the requirements of subsection (c) of
this section and has also demonstrated to the board that the applicant is
competent in diagnosis of mental disorders. The board shall adopt rules
and regulations to determine competency through curriculum require-
ments and examination proficiency.

      (d)  (1) The board shall issue a license as a specialist clinical social
worker to an applicant who:

      (A) Has met the requirements of subsection (c);

      (B) has completed 15 credit hours as part of or in addition to the
requirements under subsection (c) supporting diagnosis or treatment of
mental disorders with use of the American psychiatric association's di-
agnostic and statistical manual, through identifiable study of the following
content areas: Psychopathology, diagnostic assessment, interdisciplinary
referral and collaboration, treatment approaches and professional ethics;

      (C) has completed a graduate level supervised clinical practicum of
supervised professional experience including psychotherapy and assess-
ment, integrating diagnosis and treatment of mental disorders with use of
the American psychiatric association's diagnostic and statistical manual,
with not less than 350 hours of direct client contact or additional post-
graduate supervised experience as determined by the board;

      (D) has completed as part of or in addition to the requirements of
subsection (c) not less than two years of postgraduate supervised profes-
sional experience in accordance with a clinical supervision plan approved
by the board of not less than 4,000 hours of supervised professional ex-
perience including at least 1,500 hours of direct client contact conducting
psychotherapy and assessments with individuals, couples, families or
groups and not less than 150 hours of clinical supervision, including not
less than 75 hours of person-to-person individual supervision, integrating
diagnosis and treatment of mental disorders with use of the American
psychiatric association's diagnostic and statistical manual;

      (E) for persons earning a degree under subsection (c) prior to July 1,
2003, in lieu of the education and training requirements under parts (B)
and (C) of this subsection, has completed the education requirements for
licensure as a specialist clinical social worker in effect on the day imme-
diately preceding the effective date of this act;

      (F) for persons who apply for and are eligible for a temporary license
to practice as a specialist clinical social worker on the day immediately
preceding the effective date of this act, in lieu of the education and training
requirements under parts (B), (C) and (D) of this subsection, has com-
pleted the education and training requirements for licensure as a specialist
clinical social worker in effect on the day immediately preceding the ef-
fective date of this act;

      (G) has passed an examination approved by the board; and

      (H) has paid the application fee.

      (2) A licensed specialist clinical social worker may engage in the social
work practice and is authorized to diagnose and treat mental disorders
specified in the edition of the diagnostic and statistical manual of mental
disorders of the American psychiatric association designated by the board
by rules and regulations. When a client has symptoms of a mental dis-
order, a licensed specialist clinical social worker shall consult with the
client's primary care physician or psychiatrist to determine if there may
be a medical condition or medication that may be causing or contributing
to the client's symptoms of a mental disorder. A client may request in
writing that such consultation be waived and such request shall be made
a part of the client's record. A licensed specialist clinical social worker
may continue to evaluate and treat the client until such time that the
medical consultation is obtained or waived.

      (3) Notwithstanding any other provision of this subsection, a licensed
master social worker who has provided to the board an acceptable clinical
supervision plan for licensure as a specialist clinical social worker prior
to the effective date of this act shall be licensed as a specialist clinical
social worker under this act upon completion of the requirements in effect
for licensure as a specialist clinical social worker at the time the acceptable
training plan is submitted to the board.

      (4) A person licensed as a specialist clinical social worker on the day
immediately preceding the effective date of this act shall be deemed to be
a licensed specialist clinical social worker under this act. Such person shall
not be required to file an original application for licensure as a specialist
clinical social worker under this act.

      (e) The board shall adopt rules and regulations establishing the cri-
teria which a social work program of a college or university shall satisfy
to be recognized and approved by the board under this section. The board
may send a questionnaire developed by the board to any college or uni-
versity conducting a social work program for which the board does not
have sufficient information to determine whether the program should be
recognized and approved by the board and whether the program meets
the rules and regulations adopted under this section. The questionnaire
providing the necessary information shall be completed and returned to
the board in order for the program to be considered for recognition and
approval. The board may contract with investigative agencies, commis-
sions or consultants to assist the board in obtaining information about a
social work program of a college or university. In entering such contracts
the authority to recognize and approve a social work program of a college
or university shall remain solely with the board.

      Sec.  13. K.S.A. 65-6308 is hereby amended to read as follows: 65-
6308. (a) No person may engage in the private, independent clinical prac-
tice of social work unless such person:

      (1) Is licensed under this act as a specialist clinical social worker or
specialist social worker; and

      (2) has had two years' supervised experience approved by the board,
pursuant to rules and regulations adopted by the board, as a licensed
social worker in the specialty to be offered in private practice subsequent
thereto.

      (b) Any violation of this section shall constitute a class B misde-
meanor.

      Sec.  14. K.S.A. 65-6313 is hereby amended to read as follows: 65-
6313. (a) All licenses issued shall be effective upon the date issued and
shall expire at the end of 24 months from the date of issuance.

      (b) Except as otherwise provided in K.S.A. 65-6311 and amendments
thereto, a license may be renewed by the payment of the renewal fee set
forth in K.S.A. 65-6314 and amendments thereto and the execution and
submission of a signed statement, on a form to be provided by the board,
attesting that the applicant's license has been neither revoked nor cur-
rently suspended and that applicant has met the requirements for con-
tinuing education established by the board including not less than three
continuing education hours of professional ethics. An applicant for re-
newal of a license as a master social worker or a specialist clinical social
worker, as part of such continuing education, shall complete not less than
six continuing education hours relating to diagnosis and treatment of men-
tal disorders.

      (c) The application for renewal shall be made on or before the date
of the expiration of the license or on or before the date of the termination
of the period of suspension.

      (d) If the application for renewal, including payment of the required
renewal fee, is not made on or before the date of the expiration of the
license, the license is void, and no license shall be reinstated except upon
payment of the required renewal fee established under K.S.A. 65-6314
and amendments thereto, plus a penalty equal to the renewal fee, and
proof satisfactory to the board of the completion of 60 hours of continuing
education within two years prior to application for reinstatement. Upon
receipt of such payment and proof, the board shall reinstate the license.
A license shall be reinstated under this subsection, upon receipt of such
payment and proof, at any time after the expiration of such license.

      (e) In case of a lost or destroyed license, and upon satisfactory proof
of the loss or destruction thereof, the board may issue a duplicate license
and shall charge a fee as set forth in K.S.A. 65-6314 and amendments
thereto for such duplicate license.

      Sec.  15. K.S.A. 65-6315 is hereby amended to read as follows: 65-
6315. (a) No licensed social work associate, or licensed baccalaureate
social worker, licensed master social worker, person licensed in a social
work specialty, secretary, stenographer or clerk of a licensed social work
associate or licensed baccalaureate social worker or anyone who partici-
pates in delivery of social work services or anyone working under super-
vision of a licensed social worker may disclose any information such per-
son may have acquired from persons consulting such person in the
person's professional capacity or be compelled to disclose such informa-
tion except:

      (1) With the written consent of the client, or in the case of death or
disability, of the personal representative of the client, other person au-
thorized to sue or the beneficiary of an insurance policy on the client's
life, health or physical condition;

      (2) that no information shall be treated as privileged and there shall
be no privilege created by this act as to any information acquired by a
licensed social work associate, licensed baccalaureate social worker, li-
censed master social worker, person licensed in a social work specialty,
secretary, stenographer or clerk of a licensed social worker or anyone who
participates in delivery of social work services or anyone working under
the supervision of a licensed social worker when such information pertains
to criminal acts or violations of any law;

      (3) when the person is a child under the age of 18 years and the
information acquired by the licensed social worker indicated that the child
was the victim or subject of a crime, the licensed social worker may be
required to testify fully in relation thereto upon any examination, trial or
other proceeding in which the commission of such a crime is a subject of
inquiry;

      (4) (3) when the person waives the privilege by bringing charges
against the licensed social worker but only to the extent that such infor-
mation is relevant under the circumstances.

      (b) The confidential relations and communications between a licensed
master social worker's or a licensed specialist clinical social worker's client
are placed on the same basis as provided by law for those between an
attorney and an attorney's client.

      (b) (c) Nothing in this section or in this act shall be construed to
prohibit any licensed social worker from testifying in court hearings con-
cerning matters of adult abuse, adoption, child abuse, child neglect, or
other matters pertaining to the welfare of children or from seeking col-
laboration or consultation with professional colleagues or administrative
superiors, or both, on behalf of the client. There is no privilege under this
section for information which is required to be reported to a public offi-
cial.

      Sec.  16. K.S.A. 1998 Supp. 65-6319 is hereby amended to read as
follows: 65-6319. (a) The following licensed social workers may diagnose
and treat mental disorders classified in the diagnostic manuals commonly
used as a part of accepted social work practice: (1) specified in the edition
of the diagnostic and statistical manual of mental disorders of the Amer-
ican psychiatric association designated by the board by rules and regu-
lations: (a) A licensed specialist clinical social worker, and (2) (b) a li-
censed master social worker who performs diagnoses of mental disorders
within the course of employment by a licensed community mental health
center, a state facility authorized to provide psychotherapeutic services
or a not-for-profit entity approved under subsection (c) of section 501 of
the internal revenue code when such licensed master social worker is
under the direction of (i) a person licensed to practice medicine and
surgery, (ii) a licensed psychologist, or (iii) a licensed specialist clinical
social worker.

      (b) Nothing in this section shall be construed to authorize a licensed
social worker who under subsection (a) may diagnose mental disorders
classified in the diagnostic manuals commonly used as a part of accepted
social work practice to provide direction for licensed masters level psy-
chologists under K.S.A. 74-5362 and amendments thereto.

      (c) This section shall be part of and supplemental to the provisions
of article 63 of chapter 65 of the Kansas Statutes Annotated and acts
amendatory of the provisions thereof and supplemental thereto engages
in the practice of social work only under the direction of a licensed spe-
cialist clinical social worker, a licensed psychologist, a person licensed to
practice medicine and surgery or a person licensed to provide mental
health services as an independent practitioner and whose licensure allows
for the diagnosis and treatment of mental disorders. When a client has
symptoms of a mental disorder, a licensed master social worker shall con-
sult with the client's primary care physician or psychiatrist to determine
if there may be a medical condition or medication that may be causing or
contributing to the client's symptoms of a mental disorder. A client may
request in writing that such consultation be waived and such request shall
be made a part of the client's record. A licensed master social worker may
continue to evaluate and treat the client until such time that the medical
consultation is obtained or waived.

      New Sec.  17. A licensee, under the provisions of article 63 of chapter
65 of the Kansas Statutes Annotated, at the beginning of a client-therapist
relationship, shall inform the client of the level of such licensee's training
and the title or titles and license or licenses of such licensee. As a part of
such obligation, such licensee shall disclose whether such licensee has a
master's degree or a doctoral degree. If such licensee has a doctoral de-
gree, such licensee shall disclose whether or not such doctoral degree is
a doctor of medicine degree or some other doctoral degree. If such li-
censee does not have a medical doctor's degree, such licensee shall dis-
close that the licensee is not authorized to practice medicine and surgery
and is not authorized to prescribe drugs. As a part of such disclosure,
such licensee shall advise the client that certain mental disorders can have
medical or biological origins, and that the client should consult with a
physician. Documentation of such disclosures to a client shall be made in
the client's record.

      Sec.  18. K.S.A. 1998 Supp. 65-6402 is hereby amended to read as
follows: 65-6402. As used in the marriage and family therapists licensure
act:

      (a) "Board" means the behavioral sciences regulatory board created
under K.S.A. 74-7501 and amendments thereto.

      (b) "Marriage and family therapy" means the assessment and treat-
ment of cognitive, affective or behavioral problems within the context of
marital and family systems and includes the diagnosis and treatment of
mental disorders as authorized under the marriage and family therapists
licensure act.

      (c) "Licensed marriage and family therapist" means a person who
engages in the practice of marriage and family therapy and who is licensed
under this act except that on and after January 1, 2002, such person shall
engage in the practice of marriage and family therapy only under the
direction of a licensed clinical marriage and family therapist, a licensed
psychologist, a person licensed to practice medicine and surgery or a
person licensed to provide mental health services as an independent prac-
titioner and whose licensure allows for the diagnosis and treatment of
mental disorders.

      (d) "Licensed clinical marriage and family therapist" means a person
who engages in the independent practice of marriage and family therapy
including the diagnosis and treatment of mental disorders specified in the
edition of the diagnostic and statistical manual of mental disorders of the
American psychiatric association designated by the board by rules and
regulations and is licensed under this act.

      Sec.  19. K.S.A. 1998 Supp. 65-6403 is hereby amended to read as
follows: 65-6403. (a) On and after January 1, 1997, No person shall engage
in the practice of marriage and family therapy or represent that such
person is a licensed marriage and family therapist or a marriage and family
therapist without having first obtained a license as a marriage and family
therapist under the marriage and family therapist licensure act.

      (b) On and after the effective date of this act, no person shall engage
in the practice of marriage and family therapy as a clinical marriage and
family therapist or represent that such person is a licensed clinical mar-
riage and family therapist or is a clinical marriage and family therapist
without having first obtained a license as a clinical marriage and family
therapist under the marriage and family therapist licensure act.

      (b) (c) Violation of this section is a class B misdemeanor.

      Sec.  20. K.S.A. 1998 Supp. 65-6404 is hereby amended to read as
follows: 65-6404. (a) An applicant for licensure as a marriage and family
therapist shall furnish evidence that the applicant:

      (1) Has attained the age of 21;

      (2)  (A) has over a minimum period of two years with a minimum of
4,000 supervised hours of professional experience as a marriage and fam-
ily therapist inclusive of at least 1,000 supervised hours of actual client
contact acceptable to the board; (B) has received a minimum of 200 hours
of supervision including (i) 100 hours of administrative supervision re-
garding general professional functioning, (ii) 100 hours of clinical super-
vision regarding delivery of direct client contact services with no more
than 50 hours conducted as group supervision and no less than 50 hours
conducted as individual supervision and no less than four hours of clinical
supervision contact monthly, (iii) one-half of this requirement may be
waived for persons with a doctor's degree in marriage and family therapy
or a related field acceptable to the board;

      (3)  (A) has completed a master's or doctoral degree from a marriage
and family therapy program, in an educational institution with standards
consistent with those of the state universities of Kansas, approved by the
board; or (B) has completed a master's or doctoral degree from an edu-
cational institution in a related field for which the course work is consid-
ered by the board to be equivalent to that provided in clause (3) (2)(A)
of this paragraph and consists of a minimum of nine semester hours in
human development, nine semester hours in theories of marriage and
family functioning, nine semester hours of marital and family assessment
and therapy, three semester hours in professional studies and three se-
mester hours in research; or (C) completed a master's or doctoral degree
from an educational institution in a related field with additional work from
an educational program in marriage and family therapy approved by the
board and such degree program and additional work includes the course
work requirements provided in clause (3) (2)(B) of this paragraph;

      (4) (3) has passed an examination approved by the board; and

      (5) (4) has satisfied the board that the applicant is a person who merits
the public trust.; and

      (b) (5) Each applicant shall pay an has paid the application fee and
examination fee established by the board under K.S.A. 65-6411 and
amendments thereto.

      (b)  (1) Applications for licensure as a clinical marriage and family
therapist shall be made to the board on a form and in the manner pre-
scribed by the board. Each applicant shall furnish evidence satisfactory
to the board that the applicant:

      (A) Is licensed by the board as a licensed marriage and family ther-
apist or meets all requirements for licensure as a marriage and family
therapist;

      (B) has completed 15 credit hours as part of or in addition to the
requirements under subsection (a) supporting diagnosis or treatment of
mental disorders with use of the American psychiatric association's di-
agnostic and statistical manual, through identifiable study of the following
content areas: Psychopathology, diagnostic assessment, interdisciplinary
referral and collaboration, treatment approaches and professional ethics;

      (C) has completed a graduate level supervised clinical practicum of
supervised professional experience including psychotherapy and assess-
ment with individuals, couples, families or groups, integrating diagnosis
and treatment of mental disorders with use of the American psychiatric
association's diagnostic and statistical manual, with not less than 350
hours of direct client contact or additional postgraduate supervised ex-
perience as determined by the board;

      (D) has completed not less than two years of postgraduate supervised
professional experience in accordance with a clinical supervision plan ap-
proved by the board of not less than 4,000 hours of supervised professional
experience including at least 1,500 hours of direct client contract con-
ducting psychotherapy and assessments with individuals, couples, families
or groups and not less than 150 hours of clinical supervision, including
not less than 50 hours of person-to-person individual supervision, inte-
grating diagnosis and treatment of mental disorders with use of the Amer-
ican psychiatric association's diagnostic and statistical manual, except
that one-half of the requirement of this part (D) may be waived for persons
with a doctor's degree in marriage and family therapy or a related field
acceptable to the board;

      (E) for persons earning a degree under subsection (a) prior to July 1,
2003, in lieu of the education and training requirements under parts (B)
and (C) of this subsection, has completed the education requirements for
licensure as a marriage and family therapist in effect on the day imme-
diately preceding the effective date of this act;

      (F) for persons who apply for and are eligible for a temporary permit
to practice as a licensed marriage and family therapist on the day im-
mediately preceding the effective date of this act, in lieu of the education
and training requirements under parts (B), (C) and (D) of this subsection,
has completed the education and training requirements for licensure as a
marriage and family therapist in effect on the day immediately preceding
the effective date of this act;

      (G) has passed an examination approved by the board; and

      (H) has paid the application fee fixed under K.S.A. 65-6411 and
amendments thereto.

      (2) A person who was licensed or registered as a marriage and family
therapist in Kansas at any time prior to the effective date of this act, who
has been actively engaged in the practice of marriage and family therapy
as a registered or licensed marriage and family therapist within five years
prior to the effective date of this act and whose last license or registration
in Kansas prior to the effective date of this act was not suspended or
revoked, upon application to the board, payment of fees and completion
of applicable continuing education requirements, shall be licensed as a
licensed clinical marriage and family therapist by providing demonstra-
tion of competence to diagnose and treat mental disorders through at least
two of the following areas acceptable to the board:

      (a) Either (i) graduate coursework or (ii) passing a national, clinical
examination;

      (b) either (i) three years of clinical practice in a community mental
health center, its contracted affiliate or a state mental hospital or (ii) three
years of clinical practice in other settings with demonstrated experience
in diagnosing or treating mental disorders; or

      (c) attestation from one professional licensed to diagnose and treat
mental disorders in independent practice or licensed to practice medicine
and surgery that the applicant is competent to diagnose and treat mental
disorders.

      (3) A licensed clinical marriage and family therapist may engage in
the independent practice of marriage and family therapy and is author-
ized to diagnose and treat mental disorders specified in the edition of the
diagnostic and statistical manual of mental disorders of the American
psychiatric association designated by the board by rules and regulations.
When a client has symptoms of a mental disorder, a licensed clinical mar-
riage and family therapist shall consult with the client's primary care
physician or psychiatrist to determine if there may be a medical condition
or medication that may be causing or contributing to the client's symp-
toms of a mental disorder. A client may request in writing that such
consultation be waived and such request shall be made a part of the client's
record. A licensed clinical marriage and family therapist may continue to
evaluate and treat the client until such time that the medical consultation
is obtained or waived.

      (4) On and after January 1, 2002, a licensed marriage and family
therapist may diagnose and treat mental disorders specified in the edition
of the diagnostic and statistical manual of mental disorders specified in
the edition of the diagnostic and statistical manual of mental disorders of
the American psychiatric association designated by the board by rules
and regulations only under the direction of a licensed clinical marriage
and family therapist, licensed psychologist, person licensed to practice
medicine and surgery or person licensed to provide mental health services
as an independent practitioner and whose licensure allows for the diag-
nosis and treatment of mental disorders. When a client has symptoms of
a mental disorder, a licensed marriage and family therapist shall consult
with the client's primary care physician or psychiatrist to determine if
there may be a medical condition or medication that may be causing or
contributing to the client's symptoms of a mental disorder. A client may
request in writing that such consultation be waived and such request shall
be made a part of the client's record. A licensed marriage and family
therapist may continue to evaluate and treat the client until such time
that the medical consultation is obtained or waived.

      New Sec.  21. A licensee under the marriage and family therapists
licensure act, at the beginning of a client-therapist relationship, shall in-
form the client of the level of such licensee's training and the title or titles
and license or licenses of such licensee. As a part of such obligation, such
licensee shall disclose whether such licensee has a master's degree or a
doctoral degree. If such licensee has a doctoral degree, such licensee shall
disclose whether or not such doctoral degree is a doctor of medicine
degree or some other doctoral degree. If such licensee does not have a
medical doctor's degree, such licensee shall disclose that the licensee is
not authorized to practice medicine and surgery and is not authorized to
prescribe drugs. As a part of such disclosure, such licensee shall advise
the client that certain mental disorders can have medical or biological
origins, and that the client should consult with a physician. Documenta-
tion of such disclosures to a client shall be made in the client's record.

      Sec.  22. K.S.A. 1998 Supp. 65-6407 is hereby amended to read as
follows: 65-6407. (a) An applicant who meets the requirements for licen-
sure pursuant to this act, has paid the license fee provided for by K.S.A.
65-6411 and amendments thereto and has otherwise complied with the
provisions of this act shall be licensed by the board.

      (b) Licenses issued pursuant to this act shall expire 24 months from
the date of issuance unless revoked prior to that time. A license may be
renewed upon application and payment of the fee provided for by K.S.A.
65-6411 and amendments thereto. The application for renewal shall be
accompanied by evidence satisfactory to the board that the applicant has
completed during the previous 24 months the continuing education re-
quired by rules and regulations of the board. As part of such continuing
education, the applicant shall complete not less than six continuing edu-
cation hours relating to diagnosis and treatment of mental disorders and
not less than three continuing education hours of professional ethics.

      (c) A person whose license has been suspended or revoked may make
written application to the board requesting reinstatement of the license
upon termination of the period of suspension or revocation in a manner
prescribed by the board, which application shall be accompanied by the
fee provided for by K.S.A. 65-6411 and amendments thereto.

      Sec.  23. K.S.A. 1998 Supp. 65-6410 is hereby amended to read as
follows: 65-6410. (a) A person licensed under the marriage and family
therapists licensure act and employees and professional associates of the
person shall not be required to disclose any information that the person,
employee or associate may have acquired in rendering marriage and fam-
ily therapy services, unless:

      (a) (1) Disclosure is required by other state laws;

      (b) (2) failure to disclose the information presents a clear and present
danger to the health or safety of an individual;

      (c) (3) the person, employee or associate is a party defendant to a
civil, criminal or disciplinary action arising from the therapy, in which
case a waiver of the privilege accorded by this section is limited to that
action;

      (d) (4) the patient client is a defendant in a criminal proceeding and
the use of the privilege would violate the defendant's right to a compul-
sory process or the right to present testimony and witnesses in that per-
son's behalf; and or

      (e) (5) a patient client agrees to a waiver of the privilege accorded by
this section, and in circumstances where more than one person in a family
is receiving therapy, each such family member agrees to the waiver. Ab-
sent a waiver from each family member, a marriage and family therapist
shall not disclose information received by from a family member.

      (b) Nothing in this section or in this act shall be construed to prohibit
any person licensed under the marriage and family therapist licensure act
from testifying in court hearings concerning matters of adult abuse, adop-
tion, child abuse, child neglect, or other matters pertaining to the welfare
of children or from seeking collaboration or consultation with professional
colleagues or administrative superiors, or both, on behalf of a client. There
is no privilege under this section for information which is required to be
reported to a public official.

      Sec.  24. K.S.A. 1998 Supp. 65-6411 is hereby amended to read as
follows: 65-6411. (a) The board shall fix by rules and regulations and shall
collect the following fees:

      (1) For application for licensure, not to exceed $150;

      (2) for original licensure, not to exceed $175;

      (3) for examination, not to exceed $275;

      (4) for renewal of a license, not to exceed $175;

      (5) for application for licensure as a clinical marriage and family ther-
apist, not to exceed $175;

      (6) for renewal for licensure as a clinical marriage and family ther-
apist, not to exceed $175;

      (5) (7) for reinstatement of a license, not to exceed $175;

      (6) (8) for replacement of a license, not to exceed $20; and

      (7) (9) for late charges, not to exceed $5 for each 30 days of delay
beyond the date the renewal application was to be made.

      (b) Fees paid to the board are not refundable.

      Sec.  25. K.S.A. 74-5302 is hereby amended to read as follows: 74-
5302. For the purpose of this act the following definitions shall apply: (a)
"Practice of psychology" means the application of established principles
of learning, motivation, perception, thinking and emotional relationships
to problems of behavior adjustment, group relations and behavior mod-
ification, by persons trained in psychology. The application of such prin-
ciples includes, but is not restricted to, counseling and the use of psy-
chological remedial measures with persons, in groups or individually,
having adjustment or emotional problems in the areas of work, family,
school and personal relationships; measuring and testing personality, in-
telligence, aptitudes, public opinion, attitudes and skills; the teaching of
such subject matter; and 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
devolves upon those licensed under the Kansas healing arts act. The prac-
tice of psychology includes the diagnosis and treatment of mental disor-
ders specified in the edition of the diagnostic and statistical manual of
mental disorders of the American psychiatric association designated by
the board by rules and regulations. If a licensed psychologist cannot make
an independent diagnosis of a mental disorder, such psychologist shall
consult with the client's primary care physician or psychiatrist to deter-
mine if there may be a medical condition or medication that may be
causing or contributing to the client's symptoms of a mental disorder. A
client may request in writing that such consultation be waived and such
request shall be made a part of the client's record. A licensed psychologist
may continue to evaluate and treat the client until such time that the
medical consultation is obtained or waived.

      (b) "Represents oneself to be a psychologist" means that a person
engages in the practice of psychology for a fee, monetary or otherwise,
or holds oneself out to the public by any title or description of services
incorporating the word "psychologic," "psychological," "psychologist" or
"psychology" and under such title or description offers to render or ren-
ders services to individuals, corporations or the public for a fee, monetary
or otherwise.

      (c) "Board" means the behavioral sciences regulatory board created
by K.S.A. 74-7501 and amendments thereto.

      (d) "License" means a license as a psychologist issued by the board.

      (e) "Licensed psychologist" means a person licensed by the board
under the provisions of this act.

      New Sec.  26. A licensee under the licensure of psychologists act of
the state of Kansas, at the beginning of a client-therapist relationship,
shall inform the client of the level of such licensee's training and the title
or titles and license or licenses of such licensee. As a part of such obli-
gation, such licensee shall disclose whether such licensee has a master's
degree or a doctoral degree. If such licensee has a doctoral degree, such
licensee shall disclose whether or not such doctoral degree is a doctor of
medicine degree or some other doctoral degree. If such licensee does not
have a medical doctor's degree, such licensee shall disclose that the li-
censee is not authorized to practice medicine and surgery and is not
authorized to prescribe drugs. As a part of such disclosure, such licensee
shall advise the client that certain mental disorders can have medical or
biological origins, and that the client should consult with a physician.
Documentation of such disclosures to a client shall be made in the client's
record.

      Sec.  27. K.S.A. 74-5318 is hereby amended to read as follows: 74-
5318. On or before the first day of April of alternate years, the board shall
mail to every psychologist licensed in Kansas, an application blank for
renewal, which shall contain space for insertion of information as required
for the application blank under K.S.A. 74-5317 and amendments thereto,
addressing the same in accordance with to the post office address given
at the last previous renewal. In addition, the application for renewal shall
be accompanied by evidence satisfactory to the board that the applicant
has completed, during the previous 24 months, the continuing education
required by rules and regulations of the board. As part of such continuing
education, a licensed psychologist shall complete not less than six contin-
uing education hours relating to diagnosis and treatment of mental dis-
orders and not less than three continuing education hours of professional
ethics.

      Sec.  28. K.S.A. 74-5323 is hereby amended to read as follows: 74-
5323. (a) The confidential relations and communications between a li-
censed psychologist and the psychologist's client are placed on the same
basis as provided by law for those between an attorney and the attorney's
client. Except as provided in subsection (b), nothing in this act shall be
construed to require such privileged communications to be disclosed.

      (b) Nothing in this section or in this act shall be construed to prohibit
any licensed psychologist from testifying in court hearings concerning
matters of adult abuse, adoption, child abuse, child neglect, or other mat-
ters pertaining to the welfare of children or from seeking collaboration or
consultation with professional colleagues or administrative superiors, or
both, on behalf of a client. There is no privilege under this section for
information which is required to be reported to a public official.

      Sec.  29. K.S.A. 1998 Supp. 74-5361 is hereby amended to read as
follows: 74-5361. As used in this act:

      (a) "Practice of psychology" shall have the meaning ascribed thereto
in K.S.A. 74-5302 and amendments thereto.

      (b) "Board" means the behavioral sciences regulatory board created
by K.S.A. 74-7501 and amendments thereto.

      (c) "Licensed masters level psychologist" means a person licensed by
the board under the provisions of this act.

      (d) "Licensed clinical psychotherapist" means a person licensed by
the board under this act who engages in the independent practice of mas-
ters level psychology including the diagnosis and treatment of mental dis-
orders specified in the edition of the diagnostic and statistical manual of
mental disorders of the American psychiatric association designated by
the board by rules and regulations.

      (d) (e) "Masters level psychology" means the practice of psychology
pursuant to the restrictions set out in K.S.A. 74-5362 and amendments
thereto and includes the diagnosis and treatment of mental disorders as
authorized under K.S.A. 74-5361 et seq.

      Sec.  30. K.S.A. 1998 Supp. 74-5362 is hereby amended to read as
follows: 74-5362. (a) Any person who is licensed under the provisions of
this act as a licensed masters level psychologist shall have the right to
practice psychology only insofar as such practice is part of the duties of
such person's paid position and is performed solely on behalf of the em-
ployer, so long as such practice is under the direction of a licensed clinical
psychotherapist, a licensed psychologist, a person licensed to practice
medicine and surgery or a person licensed to provide mental health serv-
ices as an independent practitioner and whose licensure allows for the
diagnosis and treatment of psychological mental disorders. When a client
has symptoms of a mental disorder, a licensed masters level psychologist
shall consult with the client's primary care physician or psychiatrist to
determine if there may be a medical condition or medication that may be
causing or contributing to the client's symptoms of a mental disorder. A
client may request in writing that such consultation be waived and such
request shall be made a part of the client's record. A licensed masters level
psychologist may continue to evaluate and treat the client until such time
that the medical consultation is obtained or waived.

      (b) A licensed masters level psychologist may use the title licensed
masters level psychologist and the abbreviation LMLP but may not use
the title licensed psychologist or psychologist. A licensed clinical psycho-
therapist may use the title licensed clinical psychotherapist and the ab-
breviation LCP but may not use the title licensed psychologist or psy-
chologist.

      New Sec.  31. A licensee under K.S.A. 74-5361 et seq. and amend-
ments thereto, at the beginning of a client-therapist relationship, shall
inform the client of the level of such licensee's training and the title or
titles and license or licenses of such licensee. As a part of such obligation,
such licensee shall disclose whether such licensee has a masters degree
or a doctoral degree. If such licensee has a doctoral degree, such licensee
shall disclose whether or not such doctoral degree is a doctor of medicine
degree or some other doctoral degree. If such licensee does not have a
medical doctor's degree, such licensee shall disclose that the licensee is
not authorized to practice medicine and surgery and is not authorized to
prescribe drugs. As a part of such disclosure, such licensee shall advise
the client that certain mental disorders can have medical or biological
origins, and that the client should consult with a physician. Documenta-
tion of such disclosures to a client shall be made in the client's record.

      Sec.  32. K.S.A. 1998 Supp. 74-5363 is hereby amended to read as
follows: 74-5363. (a) Any person who desires to be licensed under this
act shall apply to the board in writing, on forms prepared and furnished
by the board. Each application shall contain appropriate documentation
of the particular qualifications required by the board and shall be accom-
panied by the required fee.

      (b) The board shall license as a licensed masters level psychologist
any applicant for licensure who pays the fee prescribed by the board
under K.S.A. 74-5365 and amendments thereto, which shall not be re-
funded, who has satisfied the board as to such applicant's training and
who complies with the provisions of this subsection (b). An applicant for
licensure also shall submit evidence verified under oath and satisfactory
to the board that such applicant:

      (1) Is at least 21 years of age;

      (2) has satisfied the board that the applicant is a person who merits
public trust;

      (3) has received at least 60 graduate hours including a master's de-
gree in clinical psychology based on a program of studies in psychology
from an educational institution having a graduate program in psychology
consistent with state universities of Kansas; or until July 1, 2003, has
received at least a master's degree in psychology and during such master's
or post-master's coursework completed a minimum of 12 semester hours
or its equivalent in psychological foundation courses such as, but not
limited to, philosophy of psychology, psychology of perception, learning
theory, history of psychology, motivation, and statistics and 24 semester
hours or its equivalent in professional core courses such as, but not limited
to, two courses in psychological testing, psychopathology, two courses in
psychotherapy, personality theories, developmental psychology, research
methods, social psychology; or has passed comprehensive examinations
or equivalent final examinations in a doctoral program in psychology and
during such graduate program completed a minimum of 12 semester
hours or its equivalent in psychological foundation courses such as, but
not limited to, philosophy of psychology, psychology of perception, learn-
ing theory, history of psychology, motivation, and statistics and 24 se-
mester hours or its equivalent in professional core courses such as, but
not limited to, two courses in psychological testing, psychopathology, two
courses in psychotherapy, personality theories, developmental psychol-
ogy, research methods, social psychology;

      (4) has completed 750 clock hours of academically supervised prac-
ticum in the master's degree program or 1,500 clock hours of postgrad-
uate supervised work experience;

      (5)  (A) has completed 2,000 clock hours of postgraduate work ex-
perience under the supervision of a licensed psychologist or a currently
licensed master's level psychologist with three years' experience if such
applicant commenced such postgraduate work experience prior to July 1,
1998, or (B) if such applicant commenced such postgraduate work ex-
perience on or after July 1, 1998, has completed 4,000 clock hours of
postgraduate work experience under the supervision of a licensed psy-
chologist or a currently licensed master's level psychologist with three
years' experience;

      (6) for applicants on and after January 1, 1997, has passed an exam-
ination approved by the board with a minimum score set by the board by
rules and regulations at 10 percentage points below the score set by the
board for licensed psychologists.

      (c)  (1) Applications for licensure as a clinical psychotherapist shall
be made to the board on a form and in the manner prescribed by the
board. Each applicant shall furnish evidence satisfactory to the board that
the applicant:

      (A) Is licensed by the board as a licensed masters level psychologist
or meets all requirements for licensure as a masters level psychologist;

      (B) has completed 15 credit hours as part of or in addition to the
requirements under subsection (b) supporting diagnosis or treatment of
mental disorders with use of the American psychiatric association's di-
agnostic and statistical manual, through identifiable study of the following
content areas: Psychopathology, diagnostic assessment, interdisciplinary
referral and collaboration, treatment approaches and professional ethics;

      (C) has completed a graduate level supervised clinical practicum of
supervised professional experience including psychotherapy and assess-
ment with individuals, couples, families or groups, integrating diagnosis
and treatment of mental disorders with use of the American psychiatric
association's diagnostic and statistical manual, with not less than 350
hours of direct client contact or additional postgraduate supervised ex-
perience as determined by the board;

      (D) has completed not less than two years of postgraduate supervised
professional experience in accordance with a clinical supervision plan ap-
proved by the board of not less than 4,000 hours of supervised professional
experience including at least 1,500 hours of direct client contact conduct-
ing psychotherapy and assessments with individuals, couples, families or
groups and not less than 150 hours of clinical supervision, including not
less than 50 hours of person-to-person individual supervision, integrating
diagnosis and treatment of mental disorders with use of the American
psychiatric association's diagnostic and statistical manual;

      (E) for persons earning a degree under subsection (b) prior to July 1,
2003, in lieu of the education requirements under parts (B) and (C) of
this subsection, has completed the education requirements for licensure
as a licensed masters level psychologist in effect on the day immediately
preceding the effective date of this act;

      (F) for persons who apply for and are eligible for a temporary permit
to practice as a licensed masters level psychologist on the day immediately
preceding the effective date of this act, in lieu of the education and training
requirements under parts (B), (C) and (D) of this subsection, has com-
pleted the education and training requirements for licensure as a masters
level psychologist in effect on the day immediately preceding the effective
date of this act;

      (G) has passed an examination approved by the board with the same
minimum passing score as that set by the board for licensed psychologists;
and

      (H) has paid the application fee.

      (2) A person who was licensed or registered as a masters level psy-
chologist in Kansas at any time prior to the effective date of this act, who
has been actively engaged in the practice of masters level psychology as
a registered or licensed masters level psychologist within five years prior
to the effective date of this act and whose last license or registration in
Kansas prior to the effective date of this act was not suspended or revoked,
upon application to the board, payment of fees and completion of appli-
cable continuing education requirements, shall be licensed as a licensed
clinical psychotherapist by providing demonstration of competence to di-
agnose and treat mental disorders through at least two of the following
areas acceptable to the board:

      (a) Either (i) graduate coursework or (ii) passing a national, clinical
examination;

      (b) either (i) three years of clinical practice in a community mental
health center, its contracted affiliate or a state mental hospital or (ii) three
years of clinical practice in other settings with demonstrated experience
in diagnosing or treating mental disorders; or

      (c) attestation from one professional licensed to diagnose and treat
mental disorders in independent practice or licensed to practice medicine
and surgery that the applicant is competent to diagnose and treat mental
disorders.

      (3) A licensed clinical psychotherapist may engage in the independent
practice of masters level psychology and is authorized to diagnose and
treat mental disorders specified in the edition of the diagnostic and sta-
tistical manual of mental disorders of the American psychiatric association
designated by the board by rules and regulations. When a client has symp-
toms of a mental disorder, a licensed clinical psychotherapist shall consult
with the client's primary care physician or psychiatrist to determine if
there may be a medical condition or medication that may be causing or
contributing to the client's symptoms of a mental disorder. A client may
request in writing that such consultation be waived and such request shall
be made a part of the client's record. A licensed clinical psychotherapist
may continue to evaluate and treat the client until such time that the
medical consultation is obtained or waived.

      (c) (d) The board shall adopt rules and regulations establishing the
criteria which an educational institution shall satisfy in meeting the
requirements established under item (3) of subsection (b). The board may
send a questionnaire developed by the board to any educational institu-
tion for which the board does not have sufficient information to deter-
mine whether the educational institution meets the requirements of item
(3) of subsection (b) and rules and regulations adopted under this section.
The questionnaire providing the necessary information shall be com-
pleted and returned to the board in order for the educational institution
to be considered for approval. The board may contract with investigative
agencies, commissions or consultants to assist the board in obtaining in-
formation about educational institutions. In entering such contracts the
authority to approve educational institutions shall remain solely with the
board.

      Sec.  33. K.S.A. 1998 Supp. 74-5365 is hereby amended to read as
follows: 74-5365. (a) The application, issuance of a new license and re-
newal fee for licensure under this act shall be fixed by the board by rules
and regulations in an amount not to exceed $200.

      (b) Fees paid to the board are not refundable.

      (c) The application for renewal shall be accompanied by evidence
satisfactory to the board that the applicant has completed, during the
previous 24 months, the continuing education required by rules and reg-
ulations of the board. As part of such continuing education, a licensed
masters level psychologist and a licensed clinical psychotherapist shall
complete not less than six continuing education hours relating to diagnosis
and treatment of mental disorders and not less than three continuing
education hours of professional ethics.

      Sec.  34. K.S.A. 1998 Supp. 74-5369 is hereby amended to read as
follows: 74-5369. An application for licensure under K.S.A. 74-5361 to
74-5371, inclusive, and amendments thereto, may be denied or a license
granted under this act may be suspended, limited, revoked or not re-
newed by the board upon proof that the applicant or licensed masters
level psychologist licensee:

      (a) Has been convicted of a felony involving moral turpitude;

      (b) has been found guilty of fraud or deceit in connection with the
rendering of professional services or in establishing such person's quali-
fications under this act;

      (c) has aided or abetted a person not licensed as a psychologist, li-
censed under this act or an uncertified assistant, to hold oneself out as a
psychologist in this state;

      (d) has been guilty of unprofessional conduct as defined by rules and
regulations of the board;

      (e) has been guilty of neglect or wrongful duties in the performance
of duties; or

      (f) has had a registration, license or certificate as a masters level psy-
chologist revoked, suspended or limited, or has had other disciplinary
action taken, or an application for a registration, license or certificate
denied, by the proper regulatory authority of another state, territory, Dis-
trict of Columbia or another country, a certified copy of the record of the
action of the other jurisdiction being conclusive evidence thereof.

      Administrative proceedings under K.S.A. 74-5361 to 74-5371, inclu-
sive, and amendments thereto shall be conducted in accordance with the
Kansas administrative procedure act. Judicial review and civil enforce-
ment of agency actions under K.S.A. 74-5361 to 74-5371, inclusive, and
amendments thereto shall be in accordance with the act for judicial review
and civil enforcement of agency actions.

      Sec.  35. K.S.A. 1998 Supp. 74-5371 is hereby amended to read as
follows: 74-5371. (a) No person shall engage in the practice of masters
level psychology or represent oneself as a licensed masters level psychol-
ogist or use the abbreviation LMLP or use any word, letter, signs, figures
or devices to indicate that such person using the same is a licensed masters
level psychologist unless such person holds a valid license as a licensed
masters level psychologist.

      (b) No person shall engage in the independent practice of masters
level psychology or represent oneself as a licensed clinical psychotherapist
or use the abbreviation LCP or use any word, letter, signs, figures or
devices to indicate that such person using the same is a licensed clinical
psychotherapist unless such person holds a valid license as a licensed
clinical psychotherapist.

      (b) (c) A violation of this section is a class C misdemeanor.

      Sec.  36. K.S.A. 1998 Supp. 74-5372 is hereby amended to read as
follows: 74-5372. (a) The confidential relations and communications be-
tween a licensed masters level psychologist and such psychologist's client
are placed on the same basis as provided by law for those between an
attorney and an attorney's client.

      (b) The confidential relations and communications between a licensed
clinical psychotherapist and such psychotherapist's client are placed on
the same basis as provided by law for those between an attorney and an
attorney's client.

      (c) Nothing in this section or in this act shall be construed to prohibit
any licensed masters level psychologist or licensed clinical psychotherapist
from testifying in court hearings concerning matters of adult abuse, adop-
tion, child abuse, child neglect, or other matters pertaining to the welfare
of children or from seeking collaboration or consultation with professional
colleagues or administrative superiors, or both, on behalf of the client.
There is no privilege under this section for information which is required
to be reported to a public official.

      Sec.  37. K.S.A. 65-5805, 65-6302, 65-6308, 65-6313, 65-6315, 74-
5302, 74-5318 and 74-5323 and K.S.A. 1998 Supp. 65-5802, 65-5803, 65-
5804, 65-5806, 65-5808, 65-5809, 65-5810, 65-5812, 65-6306, 65-6319,
65-6402, 65-6403, 65-6404, 65-6407, 65-6410, 65-6411, 74-5361, 74-
5362, 74-5363, 74-5365, 74-5369, 74-5371 and 74-5372 are hereby re-
pealed.

      Sec.  38. This act shall take effect and be in force from and after July
1, 2000, and its publication in the statute book.

I hereby certify that the above BILL originated in the
HOUSE, and passed that body

____________________________________

HOUSE adopted
Conference Committee Report ______________________________

Passed the SENATE
     as amended ______________________________SENATE adopted
Conference Committee Report ______________________________

APPROVED ______________________________