Session of 2000
         
SENATE BILL No. 401
         
By Senator Salmans
         
1-7
         

  9             AN  ACT concerning the behavioral sciences regulatory board; relating
10             to the professions regulated by the board; amending K.S.A. 1998 Supp.
11             65-5808, as amended by section 7 of chapter 117 of the 1999 Session
12             Laws of Kansas, 65-6411, as amended by section 24 of chapter 117 of
13             the 1999 Session Laws of Kansas, and 74-5365, as amended by section
14             33 of chapter 117 of the 1999 Session Laws of Kansas, and K.S.A. 1999
15             Supp. 65-6314, and repealing the existing sections.
16      
17       Be it enacted by the Legislature of the State of Kansas:
18             New Section  1. (a) There is hereby created a designation of exempt
19       license. The board may issue an exempt license to any licensee who makes
20       written application for such license on a form provided by the board, who
21       remits the fee for an exempt license established pursuant to K.S.A. 65-
22       5808, and amendments thereto, and who is not regularly engaged in the
23       practice of professional counseling in Kansas but volunteers professional
24       counseling services. Such volunteer service may be gratuitous or for a fee
25       paid by the mental health center. Such volunteer service shall not include
26       any fees being paid directly by a client to a licensee. Each exempt license
27       may be renewed biennially subject to the provisions of this section. Each
28       exempt licensee shall be subject to all provisions of the professional coun-
29       selors licensure act, except as otherwise provided in this subsection. The
30       holder of an exempt license shall not be required to submit evidence of
31       satisfactory completion of a program of continuing education required by
32       K.S.A. 65-5806, and amendments thereto. Each exempt licensee may
33       apply for a license to regularly engage in the practice of professional
34       counseling upon filing a written application with the board. The request
35       shall be on a form provided by the board and shall be accompanied by
36       the license fee established pursuant to K.S.A. 65-5808, and amendments
37       thereto. The board shall adopt rules and regulations establishing appro-
38       priate continuing education requirements for exempt licensees to become
39       licensed to regularly practice professional counseling within Kansas.
40             (b) There is hereby created a designation of inactive license. The
41       board may issue an inactive license to any licensee who makes written
42       application for such license on a form provided by the board, who remits
43       the fee for an inactive license established pursuant to K.S.A. 65-5808, and


2

  1       amendments thereto, who is not regularly engaged in the practice of
  2       professional counseling in Kansas and who does not hold oneself out to
  3       the public as being professionally engaged in such practice. An inactive
  4       license shall not entitle the holder to practice professional counseling in
  5       this state. Each inactive license may be renewed biennially subject to the
  6       provisions of this section. Each inactive licensee shall be subject to all
  7       provisions of the professional counselors licensure act, except as otherwise
  8       provided in this subsection. The holder of an inactive license shall not be
  9       required to submit evidence of satisfactory completion of a program of
10       continuing education required by K.S.A. 65-5806, and amendments
11       thereto. Each inactive licensee may apply for a license to regularly engage
12       in the practice of professional counseling upon filing a written application
13       with the board. The request shall be on a form provided by the board
14       and shall be accompanied by the license fee established pursuant to
15       K.S.A. 65-5808, and amendments thereto. The board shall adopt rules
16       and regulations establishing appropriate continuing education require-
17       ments for inactive licensees to become licensed to regularly practice pro-
18       fessional counseling within Kansas.
19             (c) This section shall be part of and supplemental to the professional
20       counselors licensure act.
21             Sec.  2. K.S.A. 1998 Supp. 65-5808, as amended by section 7 of chap-
22       ter 117 of the 1999 Session Laws of Kansas, is hereby amended to read
23       as follows:  65-5808. (a) The board shall fix by rules and regulations the
24       following fees:
25             (1) For application for licensure, not more than $100;
26             (2) for an original license, not more than $175;
27             (3) for examination, not more than $175;
28             (4) for renewal of a license, not more than $150;
29             (5) for reinstatement of a license, not more than $175;
30             (6) for replacement of a license, not more than $20;
31             (7) for application for licensure as a clinical professional counselor,
32       not more than $175;
33             (8) for renewal for licensure as a clinical professional counselor, not
34       more than $175;
35             (9) for late renewal penalty, an amount equal to the fee for renewal
36       of a license; and
37             (10) for exchange of a license in lieu of registration pursuant to sub-
38       section (b) of K.S.A. 65-5811 and amendments thereto, not to exceed
39       $150.; and
40             (11) for an original exempt or inactive license or for renewal of an
41       exempt or inactive license, not more than $10.
42             (b) Fees paid to the board are not refundable.
43             New Sec.  3. (a) There is hereby created a designation of exempt


3

  1       license. The board may issue an exempt license to any licensee who makes
  2       written application for such license on a form provided by the board, who
  3       remits the fee for an exempt license established pursuant to K.S.A. 65-
  4       6314, and amendments thereto, and who is not regularly engaged in social
  5       work practice in Kansas but volunteers such social work practice. Such
  6       volunteer practice may be gratuitous or for a fee paid by the mental health
  7       center. Such volunteer practice shall not include any fees being paid di-
  8       rectly by a client to a licensee. Each exempt license may be renewed
  9       biennially subject to the provisions of this section. Each exempt licensee
10       shall be subject to all provisions of article 63 of chapter 65 of the Kansas
11       Statutes Annotated, and amendments thereto, except as otherwise pro-
12       vided in this subsection. The holder of an exempt license shall not be
13       required to submit evidence of satisfactory completion of a program of
14       continuing education required by K.S.A. 65-6313, and amendments
15       thereto. Each exempt licensee may apply for a license to regularly engage
16       in the social work practice upon filing a written application with the board.
17       The request shall be on a form provided by the board and shall be ac-
18       companied by the license fee established pursuant to K.S.A. 65-6314, and
19       amendments thereto. The board shall adopt rules and regulations estab-
20       lishing appropriate continuing education requirements for exempt li-
21       censees to become licensed to regularly provide social work practice
22       within Kansas.
23             (b) There is hereby created a designation of inactive license. The
24       board may issue an inactive license to any licensee who makes written
25       application for such license on a form provided by the board, who remits
26       the fee for an inactive license established pursuant to K.S.A. 65-6314, and
27       amendments thereto, who is not regularly engaged in social work practice
28       in Kansas and who does not hold oneself out to the public as being pro-
29       fessionally engaged in such practice. An inactive license shall not entitle
30       the holder to provide social work practice in this state. Each inactive
31       license may be renewed biennially subject to the provisions of this section.
32       Each inactive licensee shall be subject to all provisions of article 63 of
33       chapter 65 of the Kansas Statutes Annotated, and amendments thereto,
34       except as otherwise provided in this subsection. The holder of an inactive
35       license shall not be required to submit evidence of satisfactory completion
36       of a program of continuing education required by K.S.A. 65-6313, and
37       amendments thereto. Each inactive licensee may apply for a license to
38       regularly engage in the social work practice upon filing a written appli-
39       cation with the board. The request shall be on a form provided by the
40       board and shall be accompanied by the license fee established pursuant
41       to K.S.A. 65-6314, and amendments thereto. The board shall adopt rules
42       and regulations establishing appropriate continuing education require-
43       ments for inactive licensees to become licensed to regularly provide social


4

  1       work practice within Kansas.
  2             (c) This section shall be part of and supplemental to article 63 of
  3       chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
  4             Sec.  4. K.S.A. 1999 Supp. 65-6314 is hereby amended to read as
  5       follows:  65-6314. (a) The following fees shall be established by the
  6       board by rules and regulations in accordance with the following
  7       limitations:
  8             (1) Renewal or reinstatement fee for a license as a social work asso-
  9       ciate shall be not more than $150.
10             (2) Application, new license, reinstatement or renewal fee for a li-
11       cense as a baccalaureate social worker shall be not more than $150.
12             (3) Application, new license, reinstatement or renewal fee for a li-
13       cense as master social worker shall be not more than $150.
14             (4) Application, new license, reinstatement or renewal fee for a li-
15       cense in a social work specialty shall be not more than $150.
16             (5) Examination fee for a license as a baccalaureate social worker, for
17       a license as a master social worker or for a license in a social work specialty
18       shall be not more than $200. If an applicant fails an examination, such
19       applicant may be admitted to subsequent examinations upon payment of
20       an additional fee prescribed by the board of not more than $200.
21             (6) Replacement fee for reissuance of a license certificate due to loss
22       or name change shall be not more than $20.
23             (7) Temporary license fee for a baccalaureate social worker, master
24       social worker or a social work specialty shall be not more than $50.
25             (8) Application fee for approval as board-approved continuing edu-
26       cation sponsors shall be as follows:
27             (A) Initial application fee for one year provisionally approved provid-
28       ers shall be not more than $125;
29             (B) three-year renewal fees for approved providers shall be not more
30       than $350; and
31             (C) application fees for single program providers shall be not more
32       than $50 for each separately offered continuing education activity for
33       which prior approval is sought.
34             (9) New license or renewal fee for an exempt or inactive license shall
35       be not more than $10.
36             (b) Fees paid to the board are not refundable.
37             New Sec.  5. (a) There is hereby created a designation of exempt
38       license. The board may issue an exempt license to any licensee who makes
39       written application for such license on a form provided by the board, who
40       remits the fee for an exempt license established pursuant to K.S.A. 65-
41       6411, and amendments thereto, and who is not regularly engaged in the
42       practice of marriage and family therapy in Kansas but volunteers marriage
43       and family therapy. Such volunteer therapy may be gratuitous or for a fee


5

  1       paid by the mental health center. Such volunteer therapy shall not include
  2       any fees being paid directly by a client to a licensee. Each exempt license
  3       may be renewed biennially subject to the provisions of this section. Each
  4       exempt licensee shall be subject to all provisions of the marriage and
  5       family therapists licensure act, except as otherwise provided in this sub-
  6       section. The holder of an exempt license shall not be required to submit
  7       evidence of satisfactory completion of a program of continuing education
  8       required by K.S.A. 65-6407, and amendments thereto. Each exempt li-
  9       censee may apply for a license to regularly engage in the practice of
10       marriage and family therapy upon filing a written application with the
11       board. The request shall be on a form provided by the board and shall
12       be accompanied by the license fee established pursuant to K.S.A. 65-
13       6411, and amendments thereto. The board shall adopt rules and regula-
14       tions establishing appropriate continuing education requirements for ex-
15       empt licensees to become licensed to regularly practice marriage and
16       family therapy within Kansas.
17             (b) There is hereby created a designation of inactive license. The
18       board may issue an inactive license to any licensee who makes written
19       application for such license on a form provided by the board, who remits
20       the fee for an inactive license established pursuant to K.S.A. 65-6411, and
21       amendments thereto, who is not regularly engaged in the practice of
22       marriage and family therapy in Kansas and who does not hold oneself out
23       to the public as being professionally engaged in the practice of marriage
24       and family therapy. An inactive license shall not entitle the holder to
25       provide marriage and family therapy in this state. Each inactive license
26       may be renewed biennially subject to the provisions of this section. Each
27       inactive licensee shall be subject to all provisions of the marriage and
28       family therapists licensure act, except as otherwise provided in this sub-
29       section. The holder of an inactive license shall not be required to submit
30       evidence of satisfactory completion of a program of continuing education
31       required by K.S.A. 65-6407, and amendments thereto. Each inactive li-
32       censee may apply for a license to regularly engage in the practice of
33       marriage and family therapy upon filing a written application with the
34       board. The request shall be on a form provided by the board and shall
35       be accompanied by the license fee established pursuant to K.S.A. 65-
36       6411, and amendments thereto. The board shall adopt rules and regula-
37       tions establishing appropriate continuing education requirements for in-
38       active licensees to become licensed to regularly practice marriage and
39       family therapy within Kansas.
40             (c) This section shall be part of and supplemental to the marriage and
41       family therapists licensure act.
42             Sec.  6. K.S.A. 1998 Supp. 65-6411, as amended by section 24 of
43       chapter 117 of the 1999 Session Laws of Kansas, is hereby amended to


6

  1       read as follows: 65-6411. (a) The board shall fix by rules and regulations
  2       and shall collect the following fees:
  3             (1) For application for licensure, not to exceed $150;
  4             (2) for original licensure, not to exceed $175;
  5             (3) for examination, not to exceed $275;
  6             (4) for renewal of a license, not to exceed $175;
  7             (5) for application for licensure as a clinical marriage and family ther-
  8       apist, not to exceed $175;
  9             (6) for renewal for licensure as a clinical marriage and family thera-
10       pist, not to exceed $175;
11             (7) for reinstatement of a license, not to exceed $175;
12             (8) for replacement of a license, not to exceed $20; and
13             (9) for late charges, not to exceed $5 for each 30 days of delay beyond
14       the date the renewal application was to be made.; and
15             (10) for original exempt or inactive license or for renewal of an exempt
16       or inactive license, not to exceed $10.
17             (b) Fees paid to the board are not refundable.
18             New Sec.  7. (a) There is hereby created a designation of exempt
19       license. The board may issue an exempt license to any licensee who makes
20       written application for such license on a form provided by the board, who
21       remits the fee for an exempt license established pursuant to K.S.A. 74-
22       5365, and amendments thereto, and who is not regularly engaged in the
23       practice of psychology in Kansas but volunteers such practice of psy-
24       chology. Such volunteer practice may be gratuitous or for a fee paid by
25       the mental health center. Such volunteer practice shall not include any
26       fees being paid directly by a client to a licensee. Each exempt license may
27       be renewed biennially subject to the provisions of this section. Each ex-
28       empt licensee shall be subject to all provisions of the licensure of psy-
29       chologists act, except as otherwise provided in this subsection. The holder
30       of an exempt license shall not be required to submit evidence of satisfac-
31       tory completion of a program of continuing education required by K.S.A.
32       74-5365, and amendments thereto. Each exempt licensee may apply for
33       a license to regularly engage in the practice of psychology upon filing a
34       written application with the board. The request shall be on a form pro-
35       vided by the board and shall be accompanied by the license fee estab-
36       lished pursuant to K.S.A. 74-5365, and amendments thereto. The board
37       shall adopt rules and regulations establishing appropriate continuing ed-
38       ucation requirements for exempt licensees to become licensed to regu-
39       larly practice psychology within Kansas.
40             (b) There is hereby created a designation of inactive license. The
41       board may issue an inactive license to any licensee who makes written
42       application for such license on a form provided by the board, who remits
43       the fee for an inactive license established pursuant to K.S.A. 74-5365, and


7

  1       amendments thereto, who is not regularly engaged in the practice of
  2       psychology in Kansas and who does not hold oneself out to the public as
  3       being professionally engaged in the practice of psychology. An inactive
  4       license shall not entitle the holder to provide the practice of psychology
  5       in this state. Each inactive license may be renewed biennially subject to
  6       the provisions of this section. Each inactive licensee shall be subject to
  7       all provisions of the licensure of psychologists act, except as otherwise
  8       provided in this subsection. The holder of an inactive license shall not be
  9       required to submit evidence of satisfactory completion of a program of
10       continuing education required by K.S.A. 74-5365, and amendments
11       thereto. Each inactive licensee may apply for a license to regularly engage
12       in the practice of psychology upon filing a written application with the
13       board. The request shall be on a form provided by the board and shall
14       be accompanied by the license fee established pursuant to K.S.A. 74-
15       5365, and amendments thereto. The board shall adopt rules and regula-
16       tions establishing appropriate continuing education requirements for in-
17       active licensees to become licensed to regularly practice psychology
18       within Kansas.
19             (c) This section shall be part of and supplemental to the licensure of
20       psychologists act.
21             Sec.  8. K.S.A. 1998 Supp. 74-5365, as amended by section 33 of
22       chapter 117 of the 1999 Session Laws of Kansas, is hereby amended to
23       read as follows:  74-5365. (a) The application, issuance of a new license
24       and renewal fee for licensure under this act shall be fixed by the board
25       by rules and regulations in an amount not to exceed $200.
26             (b) The issuance of a new exempt or inactive license fee and renewal
27       of an exempt or inactive license fee shall be fixed by the board by rules
28       and regulations in an amount not to exceed $10.
29             (b) (c) Fees paid to the board are not refundable.
30             (c) (d) The application for renewal shall be accompanied by evidence
31       satisfactory to the board that the applicant has completed, during the
32       previous 24 months, the continuing education required by rules and reg-
33       ulations of the board. As part of such continuing education, a licensed
34       masters level psychologist and a licensed clinical psychotherapist shall
35       complete not less than six continuing education hours relating to diagnosis
36       and treatment of mental disorders and not less than three continuing
37       education hours of professional ethics. 
38       Sec.  9. K.S.A. 1998 Supp. 65-5808, as amended by section 7 of chap-
39       ter 117 of the 1999 Session Laws of Kansas, 65-6411, as amended by
40       section 24 of chapter 117 of the 1999 Session Laws of Kansas, and 74-
41       5365, as amended by section 33 of chapter 117 of the 1999 Session Laws
42       of Kansas, and K.S.A. 1999 Supp. 65-6314 are hereby repealed.


8

  1        Sec.  10. This act shall take effect and be in force from and after its
  2       publication in the statute book.