J o u r n a l   o f   t h e   S e n a t e


                                  FIFTIETH DAY
                                    --------


                                                SENATE CHAMBER, TOPEKA,
     KANSAS
                                            Tuesday, March 25, 1997--2:30 p.m.

  The Senate was called to order by Vice-President Alicia Salisbury.
  The roll was called with forty senators present.
  Vice-President Salisbury introduced guest Chaplain Rev. Jeff Davis,
Children's Minister and Christian Education Director of the Tyro Christian
Church, Tyro, Kansas, who delivered the invocation:
   Heavenly Father,
     We thank you for being a loving and Gracious God who knows our inner
   thoughts.
     I come before you today to ask you to grant these Senators who serve and
   represent the people of Kansas, wisdom and discernment to make the right
   decisions before your eyes.
     Lord, I pray that you give them the strength they need today, along with
   their staff. May you guide and protect their families as they might be
   apart.
     Lord, I pray that they may be like minded with unity with each other and
   the House of Representatives when they work together on laws to make this
   a great State.
     Lord, I thank you for the sacrifices that each of these Senators have
   made, from their families, their friends, their careers, and their
   communities where they are from to serve us.
     Lord, we are reminded this time of the year of the great sacrifice you
   made for each of us through the death of your beloved Son on the cross for
   our sins.
     We are thankful for the blessed hope that each of us can have through
   the res urrection of your son, Jesus Christ.
     In Jesus name, I pray. Amen.

REFERRAL OF APPOINTMENTS

  The following appointments made by the Governor and submitted to the senate
for con firmation, were referred to Committees as indicated:
Kansas Development Finance Authority (KDFA), Robert I. Guenthner,
effective upon the date of confirmation by the Senate to fulfill an unexpired
term ending January 15, 1999.
                                   (Commerce)
State Banking Board, Kathleen Steward, effective upon the date of
confirmation by the Senate to fill a three-year term ending March 15, 2000.
                     (Financial Institutions and Insurance)
State Banking Board, Ben Zimmerman, III, effective upon the date of
confirmation by the Senate to fill a three-year term ending March 15, 1999.
                     (Financial Institutions and Insurance)

CHANGE OF REFERENCE

  The President withdrew HB 2098 from the calendar under the heading of
General Or ders, and rereferred the bill to the Committee on Education.

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MESSAGE FROM THE GOVERNOR

  SB 135 approved on March 24, 1997.

COMMUNICATIONS FROM STATE OFFICERS

                                 March 25, 1997
The Honorable Dick Bond
President, Kansas State Senate
State Capitol
Topeka, KS 66612
Dear President Bond:
This letter is to advise you that the Office of Secretary of the Senate has
received the following communications:
  Alaska Senate Joint Resolution 9, urging the United States Congress to pass
legislation to open the coastal plain of the Arctic National Wildlife Refuge.
  City of Topeka Resolution No. 6728, relating to English as the official
language of the State of Kansas and the city's opposition to ``English-only''
and any bill which seeks to establish English as the official language of
Kansas.
  City of Garden City Resolution No. 1842, stating its opposition to
``English-only'' and any bill which seeks to establish English as the
official language of Kansas.
                                          Sincerely,
                                          Pat Saville
                                          Secretary of the Senate
  The Vice-President announced the above report is on file in the office of the
Secretary of the Senate and is available for review at anytime.

MESSAGE FROM THE HOUSE

  Announcing passage of HB 2278, 2490; Substitute SB 24; SB 365.
  Also, passage of SB 110, as amended, 165, as amended, 205,
as amended.
  The House concurs in Senate amendments to HB 2070.
  The House concurs in Senate amendments to HB 2094.
  The House concurs in Senate amendments to HB 2245.

INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS

  HB 2278, 2490 were thereupon introduced and read by title.

CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR

  On motion of Senator Lawrence the Senate nonconcurred in the House amendments
to SB 65 and requested a conference committee be appointed.
  The President appointed Senators Lawrence, Langworthy and Lee as a conference
com mittee on the part of the Senate.
  On motion of Senator Kerr the Senate nonconcurred in the House amendments to
SB 99 and requested a conference committee be appointed.
  The President appointed Senators Kerr, Salisbury and Petty as a conference
committee on the part of the Senate.
  On motion of Senator Vidricksen the Senate nonconcurred in the House
amendments to SB 131 and requested a conference committee be appointed.
  The President appointed Senators Vidricksen, Jordan and Karr as a conference
committee on the part of the Senate.
  On motion of Senator Steffes the Senate nonconcurred in the House amendments
to SB 132 and requested a conference committee be appointed.
  The President appointed Senators Steffes, Praeger and Feleciano as a
conference com mittee on the part of the Senate.
  On motion of Senator Vidricksen the Senate nonconcurred in the House
amendments to SB 166 and requested a conference committee be appointed.
  The President appointed Senators Vidricksen, Jordan and Gilstrap as a
conference com mittee on the part of the Senate.

                                 March 25, 1997                             351


ORIGINAL MOTION

  On motion of Senator Steffes, the Senate acceded to the request of the House
for a conference on HB 2137.
  The President appointed Senators Steffes, Praeger and Feleciano as conferees
on the part of the Senate.

REPORTS OF STANDING COMMITTEES

  Committee on Public Health and Welfare recommends HB 2129, as
amended by House Committee, be amended on page 1, in line 20, by striking all
after ``only''; by striking all in lines 21 through 29; in line 30, by striking
all before ``under''; in line 33, by striking all after the period; in line 34,
by striking ``person'' and inserting ``A licensed masters level psychologist'';
  On page 2, in line 40, by striking ``; and'' and inserting in lieu thereof a
period; by striking all in lines 41 through 43;
  On page 3, by striking all in lines 1 through 8; by striking all in line 23
and inserting the following:
  ``Sec. 3.  K.S.A. 1996 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)  ``Masters level psychology'' means the practice of psychology pursuant
to the re strictions set out in K.S.A. 74-5362 and 74-5363 and amendments
thereto.
  Sec. 4.  K.S.A. 1996 Supp. 74-5366 is hereby amended to read as follows:
74-5366. (a) All licenses shall be effective upon the date issued and shall
expire at the end of 24 months from the date of issuance.
  (b)  A license may be renewed by the payment of the renewal fee and the
execution and submission of a signed statement, on a form provided by the
board, attesting that the ap plicant's license has been neither revoked nor
currently suspended, that the applicant cur rently meets the employment
requirements of part (7) of subsection (b) of K.S.A. 74-5363 and amendments
thereto and that the applicant has met the requirements for continuing
education set forth in this act.
  (c) The application for renewal shall be made at least 30 days before the
date of the expiration of the license.
  (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, plus a penalty equal to the renewal fee,
and proof satisfactory to the board of compliance with the continuing education
requirements. Upon receipt of such payment and proof, the board shall reinstate
the license, except that no license shall be reinstated if such payment and
proof is received more than one year after the date of expiration of the
license.
  (e)  A duplicate license shall be issued by the board upon receipt of a $20
fee.
  (f)  A person registered as a masters level psychologist on December 30,
1996, shall be deemed to be a licensed masters level psychologist under this
act. Such person shall not be required to file an original application for
licensure under this act, but shall apply to the board for a license in lieu of
registration upon payment of the fee set by the board for renewal of license.
Any application for registration filed but which has not been granted prior to
January 1, 1997, shall be processed as an application for licensure pursuant to
this act. For exchange of a license in lieu of registration pursuant to this
subsection, a fee not to exceed $100.
  (g)  The board shall collect a fee not to exceed $100 for exchange of a
license in lieu of a registration pursuant to subsection (f).
  Sec. 5.  K.S.A. 1996 Supp. 59-2946 is hereby amended to read as follows:
59-2946. When used in the care and treatment act for mentally ill persons:

352                          JOURNAL OF THE SENATE

  (a)  ``Discharge'' means the final and complete release from treatment, by
either the head of a treatment facility acting pursuant to K.S.A. 1996 Supp.
59-2950 and amendments thereto or by an order of a court issued pursuant to
K.S.A. 1996 Supp. 59-2973 and amend ments thereto.
  (b)  ``Head of a treatment facility'' means the administrative director of a
treatment facility or such person's designee.
  (c)  ``Law enforcement officer'' shall have the meaning ascribed to it in
K.S.A. 22-2202, and amendments thereto.
  (d) (1)  ``Mental health center'' means any community mental health center
organized pursuant to the provisions of K.S.A. 19-4001 through 19-4015 and
amendments thereto, or mental health clinic organized pursuant to the
provisions of K.S.A. 65-211 through 65-215 and amendments thereto, or a mental
health clinic organized as a not-for-profit or a forprofit corporation pursuant
to K.S.A. 17-1701 through 17-1775 and amendments thereto or K.S.A. 17-6001
through 17-6010 and amendments thereto, and licensed in accordance with the
provisions of K.S.A. 75-3307b and amendments thereto.
  (2)  ``Participating mental health center'' means a mental health center
which has entered into a contract with the secretary of social and
rehabilitation services pursuant to the pro visions of K.S.A. 39-1601 through
39-1612 and amendments thereto.
  (e)  ``Mentally ill person'' means any person who is suffering from a mental
disorder which is manifested by a clinically significant behavioral or
psychological syndrome or pat tern and associated with either a painful symptom
or an impairment in one or more im portant areas of functioning, and involving
substantial behavioral, psychological or biological dysfunction, to the extent
that the person is in need of treatment.
  (f) (1)  ``Mentally ill person subject to involuntary commitment for care and
treatment'' means a mentally ill person, as defined in subsection (e), who also
lacks capacity to make an informed decision concerning treatment, is likely to
cause harm to self or others, and whose diagnosis is not solely one of the
following mental disorders: Alcohol or chemical substance abuse; antisocial
personality disorder; mental retardation; organic personality syn drome; or an
organic mental disorder.
  (2)  ``Lacks capacity to make an informed decision concerning treatment''
means that the person, by reason of the person's mental disorder, is unable,
despite conscientious efforts at explanation, to understand basically the
nature and effects of hospitalization or treatment or is unable to engage in a
rational decision-making process regarding hospitalization or treatment, as
evidenced by an inability to weigh the possible risks and benefits.
  (3)  ``Likely to cause harm to self or others'' means that the person, by
reason of the person's mental disorder: (a) Is likely, in the reasonably
foreseeable future, to cause sub stantial physical injury or physical abuse to
self or others or substantial damage to another's property, as evidenced by
behavior threatening, attempting or causing such injury, abuse or damage;
except that if the harm threatened, attempted or caused is only harm to the
property of another, the harm must be of such a value and extent that the
state's interest in protecting the property from such harm outweighs the
person's interest in personal liberty; or (b) is substantially unable, except
for reason of indigency, to provide for any of the person's basic needs, such
as food, clothing, shelter, health or safety, causing a substantial
deterioration of the person's ability to function on the person's own.
  No person who is being treated by prayer in the practice of the religion of
any church which teaches reliance on spiritual means alone through prayer for
healing shall be deter mined to be a mentally ill person subject to involuntary
commitment for care and treatment under this act unless substantial evidence is
produced upon which the district court finds that the proposed patient is
likely in the reasonably foreseeable future to cause substantial physical
injury or physical abuse to self or others or substantial damage to another's
property, as evidenced by behavior threatening, attempting or causing such
injury, abuse or damage; except that if the harm threatened, attempted or
caused is only harm to the property of another, the harm must be of such a
value and extent that the state's interest in protecting the property from such
harm outweighs the person's interest in personal liberty.
  (g)  ``Patient'' means a person who is a voluntary patient, a proposed
patient or an in voluntary patient.

                                 March 25, 1997                             353

  (1)  ``Voluntary patient'' means a person who is receiving treatment at a
treatment facility pursuant to K.S.A. 1996 Supp. 59-2949 and amendments
thereto.
  (2)  ``Proposed patient'' means a person for whom a petition pursuant to
K.S.A. 1996 Supp. 59-2952 or K.S.A. 1996 Supp. 59-2957 and amendments thereto
has been filed.
  (3)  ``Involuntary patient'' means a person who is receiving treatment under
order of a court or a person admitted and detained by a treatment facility
pursuant to an application filed pursuant to subsection (b) or (c) of K.S.A.
1996 Supp. 59-2954 and amendments thereto.
  (h)  ``Physician'' means a person licensed to practice medicine and surgery
as provided for in the Kansas healing arts act or a person who is employed by a
state psychiatric hospital or by an agency of the United States and who is
authorized by law to practice medicine and surgery within that hospital or
agency.
  (i)  ``Psychologist'' means a licensed psychologist, as defined by K.S.A.
74-5302 and amendments thereto.
  (j)  ``Qualified mental health professional'' means a physician or
psychologist who is em ployed by a participating mental health center or who is
providing services as a physician or psychologist under a contract with a
participating mental health center, or a registered licensed
masters level psychologist or a licensed specialist social worker or a licensed
master social worker or a registered nurse who has a specialty in psychiatric
nursing, who is em ployed by a participating mental health center and who is
acting under the direction of a physician or psychologist who is employed by,
or under contract with, a participating mental health center.
  (1)  ``Direction'' means monitoring and oversight including regular, periodic
evaluation of services.
  (2)  ``Licensed master social worker'' means a person licensed as a master
social worker by the behavioral sciences regulatory board under K.S.A. 65-6301
through 65-6318 and amendments thereto.
  (3)  ``Licensed specialist social worker'' means a person licensed in a
social work practice specialty by the behavioral sciences regulatory board
under K.S.A. 65-6301 through 65-6318 and amendments thereto.
  (4) ``Registered Licensed masters level psychologist'' means a
person registered licensed as a registered licensed
masters level psychologist by the behavioral sciences regulatory board under
K.S.A. 74-5361 through 74-5373 and amendments thereto.
  (5) ``Registered nurse'' means a person licensed as a registered professional
nurse by the board of nursing under K.S.A. 65-1113 through 65-1164 and
amendments thereto.
  (k)  ``Secretary'' means the secretary of social and rehabilitation services.
  (l)  ``State psychiatric hospital'' means Larned state hospital, Osawatomie
state hospital, Rainbow mental health facility or Topeka state hospital.
  (m)  ``Treatment'' means any service intended to promote the mental health of
the pa tient and rendered by a qualified professional, licensed or certified by
the state to provide such service as an independent practitioner or under the
supervision of such practitioner.
  (n)  ``Treatment facility'' means any mental health center or clinic,
psychiatric unit of a medical care facility, state psychiatric hospital,
psychologist, physician or other institution or person authorized or licensed
by law to provide either inpatient or outpatient treatment to any patient.
  (o)  The terms defined in K.S.A. 59-3002 and amendments thereto shall have
the mean ings provided by that section.
  Sec. 6.  K.S.A. 1996 Supp. 65-5912 is hereby amended to read as follows:
65-5912. (a) Nothing in this act shall be construed to require any insurer or
other entity regulated under chapter 40 of the Kansas Statutes Annotated or any
other law of this state to provide coverage for or indemnify for the services
provided by a person licensed under this act.
  (b)  So long as the following persons do not hold themselves out to the
public to be dietitians or licensed dietitians or use these titles in
combination with other titles or use the abbreviation L.D., or any combination
thereof, nothing in this act shall be construed to apply:
  (1)  To any person licensed to practice the healing arts, a licensed dentist,
a licensed dental hygienist, a licensed professional nurse, a licensed
practical nurse, a licensed psy

354                          JOURNAL OF THE SENATE

chologist, a registered licensed masters level psychologist, a
licensed pharmacist or an em ployee thereof, a physician's assistant, a
registered licensed professional counselor;
  (2)  to any unlicensed employee of a licensed adult care home or a licensed
medical care facility as long as such person is working under the general
direction of a licensee in the healing arts, nursing or a dietetic services
supervisor as defined in regulations adopted by the secretary of health and
environment or a consultant licensed under this act;
  (3)  to any dietetic technician or dietetic assistant;
  (4)  to any student enrolled in an approved academic program in dietetics,
home eco nomics, nutrition, education or other like curriculum, while engaged
in such academic pro gram;
  (5)  to prevent any person, including persons employed in health food stores,
from fur nishing nutrition information as to the use of food, food materials or
dietary supplements, nor to prevent in any way the free dissemination of
information or of literature as long as no individual engaged in such practices
holds oneself out as being licensed under this act;
  (6)  to prohibit any individual from marketing or distributing food products,
including dietary supplements, or to prevent any such person from providing
information to customers regarding the use of such products;
  (7)  to prevent any employee of the state or a political subdivision who is
employed in nutrition-related programs from engaging in activities included
within the definition of di etetics practice as a part of such person's
employment;
  (8)  to any person who performs the activities and services of a licensed
dietitian or nutrition educator as an employee of the state or a political
subdivision, an elementary or secondary school, an educational institution, a
licensed institution, or a not-for-profit organ ization;
  (9)  to any person serving in the armed forces, the public health service,
the veterans administration or as an employee of the federal government;
  (10)  to any person who has a degree in home economics insofar as the
activities of such person are within the scope of such person's education and
training;
  (11)  to any person who counsels or provides weight-control services as a
part of a fran chised or recognized weight-control program or a weight-control
program that operates under the general direction of a person licensed to
practice the healing arts, nursing or a person licensed under this act;
  (12)  to any person who is acting as a representative of a trade association
and who engages in one or more activities included within the practice of
dietetics as a representative of such association;
  (13)  to a registered physical therapist who makes a dietetic or nutritional
assessment or gives dietetic or nutritional advice in the normal practice of
such person's profession or as otherwise authorized by law;
  (14)  to a dietitian licensed, registered or otherwise authorized to practice
dietetics in another state who is providing consultation in this state;
  (15)  to any person conducting a teaching clinical demonstration which is
carried out in an educational institution or an affiliated clinical facility or
health care agency;
  (16)  to any person conducting classes or disseminating information relating
to nonmed ical nutrition; or
  (17)  to any person permitted to practice under K.S.A. 65-2872a and
amendments thereto.
  (c)  Nothing in this act shall be construed to interfere with the religious
practices or observances of a bona fide religious organization, nor to prevent
any person from caring for the sick in accordance with tenets and practices of
any church or religious denomination which teaches reliance upon spiritual
means through prayer for healing.
  Sec. 7.  K.S.A. 1996 Supp. 65-6319 is hereby amended to read as follows:
65-6319. (a) The following licensed social workers may diagnose mental
disorders classified in the di agnostic manuals commonly used as a part of
accepted social work practice: (1) A licensed specialist clinical social
worker, and (2) a licensed master social worker who performs di agnoses 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

                                 March 25, 1997                             355

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 registered licensed masters level
psychologists 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.
  Sec. 8.  K.S.A. 74-5344 is hereby amended to read as follows: 74-5344.
Nothing con tained in this act shall be construed: (a) To prevent qualified
members of other professional groups such as, but not limited to, ministers,
Christian Science practitioners, social workers and sociologists from doing
work of a psychological nature consistent with their training and consistent
with any code of ethics of their respective professions so long as they do not
hold themselves out to the public by any title or description of services
incorporating the words ``psychologic,'' ``psychological,'' ``psychologist'' or
``psychology'';
  (b)  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 psychology, the appli cation 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;
  (c)  to limit the practice of psychology of a registered licensed
masters level psychologist or a person who holds a temporary permit to practice
as a registered licensed masters level psychologist insofar as such
practice is a part of the duties of any such person's salaried position, and
insofar as such practice is performed solely on behalf of such person's
employer or insofar as such person is engaged in public speaking with or
without remuneration;
  (d)  to limit the practice of psychology or services of a student, intern or
resident in psychology pursuing a degree in psychology in a school, college,
university or other insti tution, with educational standards consistent with
those of the state universities of Kansas if such practice or services are
supervised as a part of such person's degree program. Nothing contained in this
section shall be construed as permitting such persons to offer their services
as psychologists to any other person and to accept remuneration for such
psychological services other than as specifically excepted herein, unless they
have been licensed under the provisions of the licensure of psychologists act
of the state of Kansas, registered under the provisions of K.S.A. 74-5361 to
74-5371, inclusive, and amendments thereto or granted a temporary permit under
the provisions of K.S.A. 74-5367 and amendments thereto;
  (e)  to prevent the employment, by a person, association, partnership or a
corporation furnishing psychological services for remuneration, of persons not
licensed as psychologists under the provisions of this act to practice
psychology if such persons work under the supervision of a psychologist or
psychologists licensed under the provisions of this act and if such persons are
not in any manner held out to the public as psychologists licensed under the
provisions of the licensure of psychologists act of the state of Kansas, as
registered under the provisions of K.S.A. 74-5361 to 74-5371, inclusive, and
amendments thereto or as hold ing a temporary permit under the provisions of
K.S.A. 74-5367 and amendments thereto;
  (f)  to restrict the use of tools, tests, instruments or techniques usually
denominated ``psychological'' so long as the user does not represent oneself to
be a licensed psychologist or a registered licensed masters level
psychologist;
  (g)  to permit persons licensed as psychologists to engage in the practice of
medicine as defined in the laws of this state, nor to require such licensed
psychologists to comply with the Kansas healing arts act;
  (h)  to restrict the use of the term ``social psychologist'' by any person
who has received a doctoral degree in sociology or social psychology from an
institution whose credits in sociology or social psychology are acceptable by a
school or college as defined in this act, and who has passed comprehensive
examination in the field of social psychology as a part of the requirements for
the doctoral degree or has had equivalent specialized training in social
psychology;

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  (i)  to restrict the practice of psychology by a person who is certified as a
school psy chologist by the state department of education so long as such
practice is conducted as a part of the duties of employment by a unified school
district or as part of an independent evaluation conducted in accordance with
K.S.A. 72-963 and amendments thereto, including the use of the term ``school
psychologist'' by such person in conjunction with such practice; or
  (j)  to restrict the use of the term psychologist or the practice of
psychology by psy chologists not licensed under this act in institutions for
the mentally retarded, in the youth centers at Atchison, Beloit, Larned and
Topeka or in institutions within the department of corrections insofar as such
term is used or such practice of psychology is performed solely in conjunction
with such person's employment by any such institution or youth center; or
  (k)  to limit the practice of psychology or use of official title on the part
of a person in the employ of a licensed community mental health center or one
of its contracted affiliates, or any federal, state, county or municipal
agency, or other political subdivision, or a duly chartered educational
institution, or a medical care facility licensed under K.S.A. 65-425
et seq. and amendments thereto or a psychiatric hospital
licensed under K.S.A. 75-3307b and amendments thereto insofar as such practice
is a part of the duties of such person's paid position and is performed solely
on behalf of the employer and insofar as such practice is under the direction
of a person licensed to practice medicine and surgery or a person licensed to
provide mental health services as an independent practitioner and whose licen
sure allows for the diagnosis and treatment of psychological disorders. The
provisions of this subsection (k) shall expire on May 1, 1989.
  Sec. 9.  On July 1, 1997, K.S.A. 74-5344, as amended by section 8 of this
act, is hereby amended to read as follows: 74-5344. Nothing contained in this
act shall be construed: (a) To prevent qualified members of other professional
groups such as, but not limited to, ministers, Christian Science practitioners,
social workers and sociologists from doing work of a psychological nature
consistent with their training and consistent with any code of ethics of their
respective professions so long as they do not hold themselves out to the public
by any title or description of services incorporating the words
``psychologic,'' ``psychological,'' ``psychologist'' or ``psychology'';
  (b)  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 psychology, the appli cation 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;
  (c)  to limit the practice of psychology of a licensed masters level
psychologist or a person who holds a temporary permit to practice as a licensed
masters level psychologist insofar as such practice is a part of the duties of
any such person's salaried position, and insofar as such practice is performed
solely on behalf of such person's employer or insofar as such person is engaged
in public speaking with or without remuneration;
  (d)  to limit the practice of psychology or services of a student, intern or
resident in psychology pursuing a degree in psychology in a school, college,
university or other insti tution, with educational standards consistent with
those of the state universities of Kansas if such practice or services are
supervised as a part of such person's degree program. Nothing contained in this
section shall be construed as permitting such persons to offer their services
as psychologists to any other person and to accept remuneration for such
psychological services other than as specifically excepted herein, unless they
have been licensed under the provisions of the licensure of psychologists act
of the state of Kansas, registered under the provisions of K.S.A. 74-5361 to
74-5371, inclusive, and amendments thereto or granted a temporary permit under
the provisions of K.S.A. 74-5367 and amendments thereto;
  (e)  to prevent the employment, by a person, association, partnership or a
corporation furnishing psychological services for remuneration, of persons not
licensed as psychologists under the provisions of this act to practice
psychology if such persons work under the supervision of a psychologist or
psychologists licensed under the provisions of this act and if such persons are
not in any manner held out to the public as psychologists licensed under the
provisions of the licensure of psychologists act of the state of Kansas, as
registered under

                                 March 25, 1997                             357

the provisions of K.S.A. 74-5361 to 74-5371, inclusive, and amendments thereto
or as hold ing a temporary permit under the provisions of K.S.A. 74-5367 and
amendments thereto;
  (f)  to restrict the use of tools, tests, instruments or techniques usually
denominated ``psychological'' so long as the user does not represent oneself to
be a licensed psychologist or a licensed masters level psychologist;
  (g)  to permit persons licensed as psychologists to engage in the practice of
medicine as defined in the laws of this state, nor to require such licensed
psychologists to comply with the Kansas healing arts act;
  (h)  to restrict the use of the term ``social psychologist'' by any person
who has received a doctoral degree in sociology or social psychology from an
institution whose credits in sociology or social psychology are acceptable by a
school or college as defined in this act, and who has passed comprehensive
examination in the field of social psychology as a part of the requirements for
the doctoral degree or has had equivalent specialized training in social
psychology;
  (i)  to restrict the practice of psychology by a person who is certified as a
school psy chologist by the state department of education so long as such
practice is conducted as a part of the duties of employment by a unified school
district or as part of an independent evaluation conducted in accordance with
K.S.A. 72-963 and amendments thereto, including the use of the term ``school
psychologist'' by such person in conjunction with such practice; or
  (j)  to restrict the use of the term psychologist or the practice of
psychology by psy chologists not licensed under this act in institutions for
the mentally retarded, in the youth centers juvenile correctional
facilities at Atchison, Beloit, Larned and Topeka or in institu tions within
the department of corrections insofar as such term is used or such practice of
psychology is performed solely in conjunction with such person's employment by
any such institution or youth center juvenile correctional
facility.
  Sec. 10.  K.S.A. 65-2895 is hereby amended to read as follows: 65-2895. (a)
There is hereby created a designation of institutional license which may be
issued by the board to a person who is a graduate of an accredited school of
the healing arts or a school which has been in operation for not less than 15
years and the graduates of which have been licensed in another state or states
which have standards similar to Kansas and who is employed by the department
of social and rehabilitation services, employed by any institution within the
department of corrections or employed pursuant to a contract entered into by
the depart ment of social and rehabilitation services or the department of
corrections with a third party. An applicant for an institutional license shall
pass an examination in the basic sciences approved by the board as
provided in this section. Subject to the restrictions of this section,
the institutional license shall confer upon the holder the right and privilege
to practice that branch of the healing arts in which the holder of the
institutional license is proficient and shall obligate the holder to comply
with all requirements of such license. The practice privileges of institutional
license holders are restricted as follows:  The institutional license shall be
valid only during the period in which the holder is: (1) Employed by the
department of social and rehabilitation services, employed by any institution
within the department of corrections or employed pursuant to a contract entered
into by the department of social and rehabilitation services or the department
of corrections with a third party, and only within the institution to which the
holder is assigned; or (2) employed to provide mental health services in the
employ of a Kansas licensed community mental health center, or one of its
contracted affiliates, or a federal, state, county or municipal agency, or
other political subdivision, or a contractor of a federal, state, county or
municipal agency, or other political subdivision, or a duly chartered
educational institution, or a medical care facility licensed under K.S.A.
65-425 et seq. and amendments thereto, or a contractor of such
educational institution, medical care facility or psychiatric hospital, and
whose practice, in any such employment, is limited to providing mental health
services, is a part of the duties of such licensee's paid position and is
performed solely on behalf of the employer.
  (b)  An institutional license shall be valid for a period of two years after
the date of issuance and may be renewed if the applicant for renewal is
eligible to obtain an institutional license under this section, has
successfully completed the examination required under sub section (a)(3) of
K.S.A. 65-2873 and amendments thereto and has submitted evidence of

358                          JOURNAL OF THE SENATE

satisfactory completion of a program of continuing education required by the
board. The board shall require each applicant for renewal of an institutional
license under this section to submit evidence of satisfactory completion of a
program of continuing education required by the board of licensees of the
branch of the healing arts in which the applicant is proficient.
  (c)  This section shall be a part of and supplemental to the Kansas healing
arts act.
  Sec. 11.  K.S.A. 65-2895 and 74-5344 and K.S.A. 1996 Supp. 59-2946, 65-5912,
65-6319, 74-5361, 74-5362, 74-5363 and 74-5366 are hereby repealed.'';
  And by renumbering sections accordingly;
  Also on page 3, in line 24, before ``K.S.A.'' by inserting ``K.S.A. 74-5344,
as amended by section 8 of this act, 74-5344, as amended by section 123 of
chapter 229 of the 1996 Session Laws of Kansas, and''; in line 25, by striking
``is'' and inserting in lieu thereof ``are'';
  On page 1, in the title, in line 10, after ``concerning'' by inserting
``mental health services;''; in line 11, before ``amending'' by inserting
``institutional licensees of state board of healing arts;''; also in line 11,
by striking ``1996 Supp. 74-5362 and 74-5363'' and inserting ``74-5344,
74-5344, as amended by section 8 of this act, and 65-2895 and K.S.A. 1996 Supp.
59-2946, 65-5912, 65-6319, 74-5361, 74-5362, 74-5363 and 74-5366''; in line 12,
after ``K.S.A.'' by inserting ``74-5344, as amended by section 123 of chapter
229 of the 1996 Session Laws of Kansas, and K.S.A.''; and the bill be passed as
amended.
  Also HB 2185, as amended by House Committee of the Whole, be amended on
page 1, in line 22, before ``and'' by inserting ``, assisted living facility
licensed for more than 60 residents''; in line 35, by striking all after
``home''; by striking all in lines 36 through 38; in line 39, by striking all
before the period;
  On page 3, by striking all in lines 8 through 43;
  By striking all of pages 4 through 6;
  On page 7, by striking all in lines 1 through 16;
  And by renumbering sections accordingly;
  Also on page 7, in line 17, by striking ``39-923,'';
  On page 1, in the title, in line 11, by striking ``nursing facili-''; in line
12, by striking ``ties'' and inserting ``continuing education sponsors''; also
in line 12, by striking ``39-923,''; and the bill be passed as amended.
  Committee on Ways and Means recommends HB 2038, as amended by
House Com mittee of the Whole, be amended on page 6, in line 29, by striking
``administration'' and inserting ``human resources''; in line 30, by striking
``canceled warrants pay-''; in line 31, by striking all before the comma and
inserting ``employment security fund'';
  On page 7, in line 17 before ``The'' by inserting ``(a)''; after line 21, by
inserting the following subsection as follows:
  ``(b)  The university of Kansas medical center is hereby authorized and
directed to pay the following amount from the rehabilitation and repair
projects, Americans with disabilities act compliance projects, state fire
marshal code compliance projects, and improvements to classroom projects for
higher education account of the Kansas educational building fund appropriated
for the state board of regents and transferred to the university of Kansas
medical center for the fiscal year ending June 30, 1997, under section 13(a) of
chapter 259 of the 1996 Session Laws of Kansas, for payment for services
rendered, the invoice for which was submitted or processed in an untimely
manner to the following claimant:
Professional Service Industries, Inc., PO Box 71168,Chicago, IL 60694-1168   
     $35,827.80'';
   Also on page 7, by striking all in lines 22 through 30;
  On page 9, by striking all in lines 4 through 10;
  On page 10, by striking all in lines 9 through 16;
  And by renumbering sections accordingly; and the bill be passed as amended.

REPORT ON ENROLLED BILLS

  SB 169, 225, 245, 246, 267 reported correctly enrolled, properly signed and
presented to the Governor on March 24, 1997.

                                 March 25, 1997                             359


COMMITTEE OF THE WHOLE

  On motion of Senator Emert, the Senate resolved itself into Committee of the
Whole for consideration of bills on the calendar under the heading of General
Orders with Senator Jordan in the chair.
  On motion of Senator Jordan the following report was adopted:
  Recommended that HB 2203, 2279, 2288 be passed.
  HCR 5015 be adopted.
  Also HB 2093, 2170, 2200, 2381 be amended by adoption of the committee
amend ments and the bills be passed as amended.
  SB 179; HB 2011, 2223 be passed over and retain a place on the
calendar.
  On motion of Senator Emert the Senate adjourned until 1:30 p.m., Wednesday,
March 26, 1997.
                                           HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of the Senate.
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