1997 Session Laws of Kansas: Chapter 142

818 1997 Session Laws of Kansas Ch. 142

Chapter 142

HOUSE BILL No. 2129

An Act concerning mental health services; licensed masters level psychologists; practice
requirements; institutional licensees of state board of healing arts; amending K.S.A.
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 and repealing
the existing sections; also repealing K.S.A. 74-5344, as amended by section 123 of chapter
229 of the 1996 Session Laws of Kansas, and K.S.A. 74-5363, as amended by section
124 of chapter 229 of the 1996 Session Laws of Kansas.

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

Section 1. K.S.A. 1996 Supp. 74-5362 is hereby amended to read as
follows: 74-5362. Any person who is licensed under the provisions of this
act as a licensed masters level psychologist shall have the right to practice
only in a licensed community mental health center or one of its contracted
affiliates, in any federal, state, county or municipal agency, or other po-
litical subdivision, in a duly chartered educational institution, in a medical
care facility licensed under K.S.A. 65-425 ~~et seq~~. and amendments thereto
or in a psychiatric hospital licensed under K.S.A. 75-3307b and amend-
ments thereto insofar as such practice is part of the duties of such person's
paid position and is performed solely on behalf of the employer, so long
as such practice is under the direction of 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 disorders. ~~Such licensed person~~
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.

Sec. 2. K.S.A. 1996 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 a master's degree in clinical psychology based

Ch. 142 1997 Session Laws of Kansas 819

on a program of studies in psychology from an educational institution
having a graduate program in psychology consistent with state universities
of Kansas; or 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 per-
ception, 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, psychopa-
thology, two courses in psychotherapy, personality theories, developmen-
tal psychology, research methods, social psychology; or has passed com-
prehensive 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 foun-
dation courses such as, but not limited to, philosophy of psychology, psy-
chology 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, de-
velopmental psychology, 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) has completed 2,000 clock hours of postgraduate work experience
under the supervision of a licensed psychologist 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~~; and~~.

(7) is 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, a duly chartered educa-
tional institution, 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 and whose practice is a part
of the duties of such applicant's paid position and is performed solely on
behalf of the employer.

(c) The board shall adopt rules and regulations establishing the cri-
teria which an educational institution shall satisfy in meeting the require-
ments established under item (3) of subsection (b). The board may send
a questionnaire developed by the board to any educational institution for
which the board does not have sufficient information to determine
whether the educational institution meets the requirements of item (3)
of subsection (b) and rules and regulations adopted under this section.

820 1997 Session Laws of Kansas Ch. 142

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. 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.

(d) ``Masters level psychology'' means the practice of psychology pur-
suant to the restrictions 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 applicant's license has been neither re-
voked nor currently suspended, that the applicant currently 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.

(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 ap-

Ch. 142 1997 Session Laws of Kansas 821

plication 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 ap-
plication 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:

(a) ``Discharge'' means the final and complete release from treat-
ment, 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 amendments thereto.

(b) ``Head of a treatment facility'' means the administrative director
of a treatment facility or such person's designee.

(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 pur-
suant 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 for-
profit corporation pursuant to K.S.A. 17-1701 through 17-1775 and
amendments thereto or K.S.A. 17-6001 through 17-6010 and amend-
ments 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 reha-
bilitation services pursuant to the provisions 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 pattern and associated with either a painful
symptom or an impairment in one or more important areas of functioning,
and involving substantial behavioral, psychological or biological dysfunc-
tion, 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

822 1997 Session Laws of Kansas Ch. 142

substance abuse; antisocial personality disorder; mental retardation; or-
ganic personality syndrome; or an organic mental disorder.

(2) ``Lacks capacity to make an informed decision concerning treat-
ment'' means that the person, by reason of the person's mental disorder,
is unable, despite conscientious efforts at explanation, to understand ba-
sically 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 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 dam-
age; 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 out-
weighs 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 determined 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, at-
tempting 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 involuntary patient.

(1) ``Voluntary patient'' means a person who is receiving treatment at
a treatment facility pursuant to K.S.A. 1996 Supp. 59-2949 and amend-
ments 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 amend-
ments 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

Ch. 142 1997 Session Laws of Kansas 823

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 psy-
chologist who is employed 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 employed by a participating mental health center and who
is acting under the direction of a physician or psychologist who is em-
ployed 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 profes-
sional 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 serv-
ices.

(l) ``State psychiatric hospital'' means Larned state hospital, Osawa-
tomie state hospital, Rainbow mental health facility or Topeka state hos-
pital.

(m) ``Treatment'' means any service intended to promote the mental
health of the patient and rendered by a qualified professional, licensed
or certified by the state to provide such service as an independent prac-
titioner 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, psy-

824 1997 Session Laws of Kansas Ch. 142

chologist, 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 meanings 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 in-
demnify 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 com-
bination 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 li-
censed practical nurse, a licensed psychologist, a ~~registered~~ licensed mas-
ters level psychologist, a licensed pharmacist or an employee 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 di-
etetics, home economics, nutrition, education or other like curriculum,
while engaged in such academic program;

(5) to prevent any person, including persons employed in health food
stores, from furnishing nutrition information as to the use of food, food
materials or dietary supplements, nor to prevent in any way the free dis-
semination 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 prod-
ucts;

(7) to prevent any employee of the state or a political subdivision who
is employed in nutrition-related programs from engaging in activities in-
cluded within the definition of dietetics practice as a part of such person's
employment;

(8) to any person who performs the activities and services of a li-
censed 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 organization;

Ch. 142 1997 Session Laws of Kansas 825

(9) to any person serving in the armed forces, the public health serv-
ice, the veterans administration or as an employee of the federal govern-
ment;

(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 edu-
cation and training;

(11) to any person who counsels or provides weight-control services
as a part of a franchised 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 asso-
ciation 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 nutri-
tional 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 nonmedical 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 relig-
ious 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 diagnostic 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 li-
censed community mental health center, a state facility authorized to
provide psychotherapeutic services or a not-for-profit entity approved un-
der subsection (c) of section 501 of the internal revenue code when such
licensed master social worker is under the direction of (i) a person li-
censed to practice medicine and surgery, (ii) a licensed psychologist, or
(iii) a licensed specialist clinical social worker.

826 1997 Session Laws of Kansas Ch. 142

(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 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 sociol-
ogists from doing work of a psychological nature consistent with their
training and consistent with any code of ethics of their respective profes-
sions so long as they do not hold themselves out to the public by any title
or description of services incorporating the words ``psychologic,'' ``psy-
chological,'' ``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 application of its principles, the teaching
of such subject matter and the conducting of research on problems re-
lating 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 institution, with educational standards consis-
tent with those of the state universities of Kansas if such practice or
services are supervised as a part of such person's degree program. Noth-
ing 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

Ch. 142 1997 Session Laws of Kansas 827

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 psy-
chologist 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 holding 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 one-
self to be a licensed psychologist or a ~~registered~~ licensed masters level
psychologist;

(g) to permit persons licensed as psychologists to engage in the prac-
tice 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 accept-
able 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 special-
ized training in social psychology;

(i) to restrict the practice of psychology by a person who is certified
as a school psychologist 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 psy-
chology by psychologists 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 ed-
ucational 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

828 1997 Session Laws of Kansas Ch. 142

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 per-
son licensed to provide mental health services as an independent practi-
tioner and whose licensure allows for the diagnosis and treatment of psy-
chological 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 Sci-
ence 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 incor-
porating the words ``psychologic,'' ``psychological,'' ``psychologist'' or ``psy-
chology'';

(c) to limit the practice of psychology of a licensed masters level psy-
chologist or a person who holds a temporary permit to practice as a li-
censed 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;

(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

Ch. 142 1997 Session Laws of Kansas 829

practice psychology if such persons work under the supervision of a psy-
chologist 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 holding a temporary
permit under the provisions of K.S.A. 74-5367 and amendments thereto;

(j) to restrict the use of the term psychologist or the practice of psy-
chology by psychologists 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 institutions within the depart-
ment of corrections insofar as such term is used or such practice of psy-
chology is performed solely in conjunction with such person's employ-
ment 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 op-
eration 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 serv-
ices, 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

830 1997 Session Laws of Kansas Ch. 142

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 re-
stricted 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 de-
partment 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) issued an institutional license prior to the
effective date of this act and is 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 char-
tered educational institution, or a medical care facility licensed under
K.S.A. 65-425 et seq, and amendments thereto, in a psychiatric hospital
licensed under K.S.A. 75-3307b and amendments thereto, or a contractor
of such educational institution, medical care facility or psychiatric hos-
pital, 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 po-
sition 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 suc-
cessfully completed the examination required under subsection (a)(3) of
K.S.A. 65-2873 and amendments thereto and has submitted evidence of
satisfactory completion of a program of continuing education required by
the board. The board shall require each applicant for renewal of an in-
stitutional 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.

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.

Sec. 12. On July 1, 1997, 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

Ch. 142 1997 Session Laws of Kansas 831

1996 Session Laws of Kansas, and K.S.A. 74-5363, as amended by section
124 of chapter 229 of the 1996 Session Laws of Kansas, are hereby re-
pealed.

Sec. 13. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 24, 1997.

Published in the Kansas Register: May 8, 1997.