As Amended by House Committee
As Amended by Senate Committee
Session of 2000
SENATE BILL No. 397
By Senator Salmans
1-7
11 AN ACT
concerning behavioral sciences; relating to professional
12 counselors and
social workers; amending K.S.A. 65-6313, as
13 amended by section
14 of chapter 117 of the 1999 Session Laws
14 of Kansas, and
K.S.A. 1998 Supp. 65-5802, as amended by section 1
15 of chapter 117 of the
1999 Session Laws of Kansas, and repealing the
16 existing
section sections.
17
18 Be it enacted by the Legislature of the
State of Kansas:
19 Section
1. K.S.A. 1998 Supp. 65-5802, as amended by section 1 of
20 chapter 117 of the 1999 Session Laws of
Kansas, is hereby amended to
21 read as follows: 65-5802. As used in the
professional counselors licensure
22 act:
23 (a) ``Board''
means the behavioral sciences regulatory board created
24 by K.S.A. 74-7501 and amendments
thereto.
25 (b) ``Practice of
professional counseling'' means assisting an individual
26 or group for a fee, monetary or otherwise,
through counseling, assess-
27 ment, consultation and referral and
includes the diagnosis and treatment
28 of mental disorders as authorized under the
professional counselors li-
29 censure act.
30
(c) ``Professional counseling'' means to assist an individual
or group
31 to develop understanding of personal
strengths and weaknesses, to re-
32 structure concepts and feelings, to define
goals and to plan actions as
33 these are related to personal, social,
educational and career development
34 and adjustment.
35
(d) ``Assessment'' means selecting, administering, scoring and
inter-
36 preting instruments designed to describe an
individual's aptitudes, abili-
37 ties, achievements, interests and personal
characteristics.
38
(e) ``Consultation'' means the application of principles,
methods and
39 techniques of the practice of counseling to
assist in solving current or
40 potential problems of individuals or groups
in relation to a third party.
41 (f) ``Referral''
means the evaluation of information to identify prob-
42 lems and to determine the advisability of
referral to other practitioners.
2
1
(g) ``Licensed professional counselor'' means a person who is
licensed
2 under this act and who engages in the
practice of professional counseling
3 except that on and after January 1,
2002, such person shall engage in the
4 practice of professional counseling
only under the direction of a licensed
5 clinical professional counselor, a
licensed psychologist, a person licensed
6 to practice medicine and surgery or a
person licensed to provide mental
7 health services as an independent
practitioner and whose licensure allows
8 for the diagnosis and treatment of
mental disorders. Direction shall not
9 be required as provided in this
subsection if the licensed professional
10 counselor does not
diagnosis diagnose and
treat mental disorders. As
11 used in this subsection: (1) The term
``diagnose and treat'' shall be
12 defined by the board by rules and
regulations; and (2) the term
13 ``mental disorder'' means a mental
disorder specified in the edition
14 of the diagnostic and statistical
manual of mental disorders of the
15 American psychiatric association
designated by the board by rules
16 and regulations.
17 (h) ``Licensed
clinical professional counselor'' means a person who
18 engages in the independent practice of
professional counseling including
19 the diagnosis and treatment of mental
disorders specified in the edition
20 of the diagnostic and statistical manual of
mental disorders of the Amer-
21 ican psychiatric association designated by
the board by rules and regula-
22 tions and who is licensed under this
act.
23 Sec. 2. K.S.A. 65-6313,
as amended by section 14 of chapter
24 117 of the 1999 Session Laws of Kansas,
is hereby amended to read
25 as follows: 65-6313. (a) All licenses
issued shall be effective upon
26 the date issued and shall expire at the
end of 24 months from the
27 date of issuance.
28 (b) Except as
otherwise provided in K.S.A. 65-6311 and amend-
29 ments thereto, a license may be renewed
by the payment of the
30 renewal fee set forth in K.S.A. 65-6314
and amendments thereto
31 and the execution and submission of a
signed statement, on a form
32 to be provided by the board, attesting
that the applicant's license
33 has been neither revoked nor currently
suspended and that appli-
34 cant has met the requirements for
continuing education estab-
35 lished by the board including not less
than three continuing edu-
36 cation hours of professional ethics. An
applicant for renewal of a
37 license as a master social worker
who engages in the diagnosis and
38 treatment of mental disorders or
a specialist clinical social worker who
39 engages in the diagnosis and treatment
of mental disorders, as part of
40 such continuing education, shall
complete not less than six contin-
41 uing education hours relating to
diagnosis and treatment of mental
42 disorders.
43 (c) The
application for renewal shall be made on or before the
3
1 date of the expiration of the
license or on or before the date of the
2 termination of the period of
suspension.
3 (d) If
the application for renewal, including payment of the
4 required renewal fee, is not made
on or before the date of the
5 expiration of the license, the
license is void, and no license shall
6 be reinstated except upon payment
of the required renewal fee
7 established under K.S.A. 65-6314
and amendments thereto, plus a
8 penalty equal to the renewal fee,
and proof satisfactory to the
9 board of the completion of 60
hours of continuing education within
10 two years prior to application for
reinstatement. Upon receipt of
11 such payment and proof, the board shall
reinstate the license. A
12 license shall be reinstated under this
subsection, upon receipt of
13 such payment and proof, at any time
after the expiration of such
14 license.
15 (e) In case of
a lost or destroyed license, and upon satisfactory
16 proof of the loss or destruction
thereof, the board may issue a
17 duplicate license and shall charge a fee
as set forth in K.S.A. 65-
18 6314 and amendments thereto for such
duplicate license.
19 Sec. 2.
3. K.S.A. 65-6313, as amended by section 14 of
chapter
20 117 of the 1999 Session Laws of Kansas,
and K.S.A. 1998 Supp. 65-
21 5802, as amended by section 1 of chapter
117 of the 1999 Session Laws
22 of Kansas, is
are hereby repealed.
23 Sec. 3.
4. This act shall take effect and be in force from and
after its
24 publication in the statute book.