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65-6301. Purpose.
Since the profession of social work profoundly affects the lives of the people of this state, it is the purpose of this act to
protect the public by setting standards of qualification, training and experience for those who seek to engage in the
practice of social work and by promoting high standards of professional performance for those engaged in the
profession of social work.
History: L. 1974, ch. 372, § 1; July 1.
65-6302. Definitions.
As used in this act, unless the context clearly requires otherwise, the following words and phrases shall have the
meaning ascribed to them in this section:
(a) “Board” means the behavioral sciences regulatory board created by K.S.A. 74-7501.
(b) “Social work practice” means the professional activity of helping individuals, groups or communities enhance or
restore their capacity for physical, social and economic functioning and the professional application of social work
values, principles and techniques in areas such as psychotherapy, social service administration, social planning, social
work consultation and social work research to one or more of the following ends: Helping people obtain tangible
services; counseling with individuals, families and groups; helping communities or groups provide or improve social
and health services; and participating in relevant social action. The practice of social work requires knowledge of
human development and behavior; of social, economic and cultural institutions and forces; and of the interaction of all
these factors. Social work practice includes the teaching of practicum courses in social work and includes the diagnosis
and treatment of mental disorders as authorized under K.S.A. 65-6306 and 65-6319, and amendments thereto.
(c) “Psychotherapy” means the use of psychological and social methods within a professional relationship, to assist
the person or persons to achieve a better psychosocial adaptation to acquire greater human realization of psychosocial
potential and adaptation; to modify internal and external conditions which affect individuals, groups or communities in
respect to behavior, emotions and thinking, in respect to their intra-personal and inter-personal processes. Forms of
psychotherapy include but are not restricted to individual psychotherapy, conjoint marital therapy, family therapy and
group psychotherapy.
History: L. 1974, ch. 372, § 2; L. 1980, ch. 242, § 15; L. 1982, ch. 371, § 1; L. 1999, ch. 117, § 11; July 1, 2000.
65-6304. Repealed.
History: L. 1974, ch. 372, § 4; L. 1975, ch. 416, § 24; L. 1978, ch. 308, § 72; Repealed, L. 1980, ch. 242, § 29;
July 1.
65-6305. Repealed.
History: L. 1974, ch. 372, § 5; Repealed, L. 1980, ch. 242, § 29; July 1
65-6306. Qualifications for licensure; baccalaureate social worker; master social worker; social work
specialties.
(a) The board shall issue a license as a baccalaureate social worker to an applicant who:
(1) Has a baccalaureate degree from an accredited college or university, including completion of a social work
program recognized and approved by the board, pursuant to rules and regulations adopted by the board;
(2) has passed an examination approved by the board for this purpose; and
(3) has satisfied the board that the applicant is a person who merits the public trust.
(b) The board shall issue a license as a master social worker to an applicant who:
(1) Has a master’s degree from an accredited college or university, including completion of a social work program
recognized and approved by the board, pursuant to rules and regulations adopted by the board;
(2) has passed an examination approved by the board for this purpose; and
(3) has satisfied the board that the applicant is a person who merits the public trust.
(c) The board shall issue a license in one of the social work specialties to an applicant who:
(1) Has a master’s or doctor’s degree from an accredited graduate school of social work, including completion of a
social work program recognized and approved by the board, pursuant to rules and regulations adopted by the board;
(2) has had two years of full-time post-master’s or post-doctor’s degree experience under the supervision of a licensed
social worker in the area of the specialty in which such applicant seeks to be licensed;
(3) has passed an examination approved by the board for this purpose; and
(4) has satisfied the board that the applicant is a person who merits the public trust.
(d) (1) The board shall issue a license as a specialist clinical social worker to an applicant who:
(A) Has met the requirements of subsection (c);
(B) has completed 15 credit hours as part of or in addition to the requirements under
subsection (c) supporting diagnosis or treatment of mental disorders with use of the American psychiatric association's
diagnostic and statistical manual, through identifiable study of the following content areas: Psychopathology,
diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches and professional ethics;
(C) has completed a graduate level supervised clinical practicum of supervised professional experience including
psychotherapy and assessment, integrating diagnosis and treatment of mental disorders with use of the American
psychiatric association's diagnostic and statistical manual, with not less than 350 hours of direct client contact or
additional post-graduate supervised experience as determined by the board;
(D) has completed as part of or in addition to the requirements of subsection (c) not less than two years of
postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board
of not less than 4,000 hours of supervised professional experience including at least 1,500 hours of direct client contact
conducting psychotherapy and assessments with individuals, couples, families or groups and not less than 150 hours of
clinical supervision, including not less than 75 hours of person-to-person individual supervision, integrating diagnosis
and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual:
(E) for persons earning a degree under subsection (c) prior to July 1, 2003, in lieu of the education and training
requirements under parts (B) and (C) of this subsection, has completed the education requirements for licensure as a
specialist clinical social worker in effect on the day immediately preceding the effective date of this act;
(F) for persons who apply for and are eligible for a temporary license to practice as a specialist clinical social worker
on the day immediately preceding the effective date of this act, in lieu of the education and training requirements under
parts (B), (C) and (D) of this subsection, has completed the education and training requirements for licensure as a
specialist clinical social worker in effect on the day immediately preceding the effective date of this act;
(G) has passed an examination approved by the board; and
(H) has paid the application fee.
(2) A licensed specialist clinical social worker may engage in the social work practice and is authorized to diagnose
and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the
American psychiatric association designated by the board by rules and regulations. When a client has symptoms of a
mental disorder, a licensed specialist clinical social worker shall consult with the client’s primary care physician or
psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the
client’s symptoms of a mental disorder. A client may request in writing that such consultation be waived and such
request shall be made a part of the client’s record. A licensed specialist clinical social worker may continue to evaluate
and treat the client until such time that the medical consultation is obtained or waived.
(3) Notwithstanding any other provision of this subsection, a licensed master social worker who has provided to the
board an acceptable clinical supervision plan for licensure as a specialist clinical social worker prior to the effective
date of this act shall be licensed as a specialist clinical social worker under this act upon completion of the requirements
in effect for licensure as a specialist clinical social worker at the time the acceptable training plan is submitted to the
board.
(4) A person licensed as a specialist clinical social worker on the day immediately preceding the effective date of this
act shall be deemed to be a licensed specialist clinical social worker under this act. Such person shall not be required to
file an original application for licensure as a specialist clinical social worker under this act.
(e)The board shall adopt rules and regulations establishing the criteria which a social work program of a college or
university shall satisfy to be recognized and approved by the board under this section. The board may send a
questionnaire developed by the board to any college or university conducting a social work program for which the
board does not have sufficient information to determine whether the program should be recognized and approved by
the board and whether the program meets the rules and regulations adopted under this section. The questionnaire
providing the necessary information shall be completed and returned to the board in order for the program to be
considered for recognition and approval. The board may contract with investigative agencies, commissions or
consultants to assist the board in obtaining information about a social work program of a college or university. In
entering such contracts the authority to recognize and approve a social work program of a college or university shall
remain solely with the board.
History: L. 1974, ch. 372, § 6; L. 1980, ch. 242, § 17; L. 1981, ch. 352, § 1; L. 1988, ch. 243, § 17; L. 1989, ch.
276, § 3; L. 1994, ch. 164, § 2; L. 1999, ch. 117, § 12; July 1, 2000.
65-6307. Use of title by licensee; designation thereof by board; penalty for violation.
(a) Any person who possesses a valid, unsuspended and unrevoked license issued under the provisions of this act shall
have the right to practice and use the title and the abbreviations prescribed by the board for use by persons holding the
license held by such person. The board shall establish a title and prescribe abbreviations for use by persons holding
each class or type of license issued under the provisions of this act. No other person shall assume such titles, use such
abbreviations, or any work or letter, signs, figures or devices to indicate that the person using the same is licensed as
such under the provisions of this act.
(b) Any violation of this section shall constitute a class C misdemeanor.
History: L. 1974, ch. 372, § 7; L. 1980, ch. 242, § 18; July 1.
65-6309. Exemptions from licensure requirements; temporary licensure; written explanation of denial of
licensure.
(a) Except as provided in subsections (b) and (c), an applicant shall be exempted from the requirement for any
examination provided for herein if:
(1) The applicant proves to the board that the applicant is licensed or registered under the laws of a state or territory of
the United States that imposes substantially the same requirements as this act as determined by the board; and
(2) pursuant to the laws of any such state or territory, the applicant has taken and passed an examination similar to that
for which exemption is sought, as determined by the board.
(b) The board may issue a license to an individual who is currently licensed to practice social work at the clinical level
in another jurisdiction if the board determines that:
(1) The standards for licensure to practice social work at the clinical level in the other jurisdiction are substantially
equivalent to the requirements of this state for licensure at the clinical level; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by
the board:
(A) Continuous licensure to practice social work at the clinical level during the five years immediately preceding the
application with at least the minimum professional experience as established by rules and regulations of the board;
(B) the absence of disciplinary actions of a serious nature brought by a licensing board or agency; and
(C) a masters or doctoral degree in social work from a regionally accredited university or college and from an
accredited graduate social work program recognized and approved by the board pursuant to rules and regulations
adopted by the board.
(c) Applicants for licensure as a clinical specialist social worker shall additionally demonstrate competence to
diagnose and treat mental disorders through meeting the following requirements:
(1) Passing a national clinical examination approved by the board or, in the absence of the national examination,
continuous licensure to practice as a clinical social worker during the 10 years immediately preceding the application;
and
(2) three years of clinical practice with demonstrated experience in diagnosing or treating mental disorders.
(d) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 65-
6314 and amendments thereto.
(e) Upon application, the board shall issue temporary licenses to persons who have submitted documentationand met
all qualifications for licensure under provisions of this act, except passage of the required examination.
(f)Such persons shall take the license examination within six monthssubsequent to the date of issuance of the
temporary license unless there are extenuating circumstances approved by the board.
(g) Absent extenuating circumstances approved by the board, a temporary license issued by the board shall expire
upon the date the board issues or denies a license to practice social work or six months after the date of issuance of the
temporary license. No temporary license will be renewed or issued again on any subsequent applications for the same
license level. The preceding provisions in no way limit the number of times an applicant may take the examination.
(h)No person may work under a temporary license except under the supervision of a licensed social worker.
(i)Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective
date of this act and in effect on the effective date of this act. Such temporary license shall be subject to the provisions of
this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the
licenseas provided under this section at the time of issuance of such temporary license.
(j)Any individual employed by a hospital and working in the area of hospital social services to patients of such
hospital on July 1, 1974, is exempt from the provisions of this act.
(k)If an applicant is denied licensure, the board shall provide the applicant with a written explanation of the denial
within 10 days after the decision of the board, excluding Saturdays, Sundays and legal holidays.
History: L. 1974, ch. 372, § 9; L. 1980, ch. 242, § 19; L. 1986, ch. 340, § 3; L. 1989, ch. 276, § 4; L. 1990, ch. 237,
§ 1; July 1, L. 2003, ch. 129, § 2; July 1; L. 2006, ch. 61, § 2; July 1.
(b) Knowingly making a false statement in connection with any application under this act;
(c) Knowingly making a false statement on any form promulgated by the board in accordance with the provisions of
this act or the rules and regulations promulgated thereunder.
History: L. 1974, ch. 372, § 10; L. 1980, ch. 242, § 20; July 1.
65-6311. Grounds for suspension, limitation, revocation or refusal to issue or renew license; procedure.
(a) The board may suspend, limit, revoke, condition or refuse to issue or renew a license of any social worker upon
proof that the social worker:
(1) Has been convicted of a felony and, after investigation, the board finds that the licensee has not been sufficiently
rehabilitated to merit the public trust;
(2) has been found guilty of fraud or deceit in connection with services rendered as a social worker or in establishing
needed qualifications under this act;
(3) has knowingly aided or abetted a person, not a licensed social worker, in representing such person as a licensed
social worker in this state;
(4) has been found guilty of unprofessional conduct as defined by rules established by the board;
(5) has been found to have engaged in diagnosis as authorized under K.S.A. 65-6319 and amendments thereto, even
though not authorized to engage in such diagnosis under K.S.A. 65-6319 and amendments thereto;
(6) has been found guilty of negligence or wrongful actions in the performance of duties; or
(7) has had a license to practice social work revoked, suspended or limited, or has had other disciplinary action taken,
or an application for a license denied, by the proper licensing authority of another state, territory, District of Columbia,
or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof.
(b) Proceedings to consider the suspension, revocation or refusal to renew a license shall be conducted in accordance
with the provisions of the Kansas administrative procedure act.
History: L. 1974, ch. 372, § 11; L. 1980, ch. 242, § 21; L. 1984, ch. 313, § 145; L. 1988, ch. 304, § 4; L. 1994, ch.
164, § 3; L. 2004 ch. 16 § 2; July 1, 2004.
65-6312. Repealed.
History: L. 1974, ch. 372, § 12; L. 1980, ch. 242, § 22; Repealed, L. 1984, ch. 313, § 157; July 1, 1985
65-6313. Licenses; effective date and expiration date; renewal; reinstatement; duplicate.
(a) All licenses issued shall be effective upon the date issued and shall expire at the end of 24 months from the date of
issuance.
(b) Except as otherwise provided in K.S.A. 65-6311 and amendments thereto, a license may be renewed by the
payment of the renewal fee set forth in K.S.A. 65-6314 and amendments thereto and the execution and submission of a
signed statement, on a form to be provided by the board, attesting that the applicant's license has been neither revoked
nor currently suspended and that applicant has met the requirements for continuing education established by the board
including
not less than three continuing education hours of professional ethics. An applicant for renewal of a license as a master
social worker or a specialist clinical social worker, as part of such continuing education, shall complete not less than six
continuing education hours relating to diagnosis and treatment of mental disorders.
(c) The application for renewal shall be made on or before the date of the expiration of the license or on or before the
date of the termination of the period of suspension.
(d) If the application for renewal, including payment of the required renewal fee, is not made on or before the date of
the expiration of the license, the license is void, and no license shall be reinstated except upon payment of the required
renewal fee established under K.S.A. 65-6314 and amendments thereto, plus a penalty equal to the renewal fee, and
proof satisfactory to the board of the completion of 60 hours of continuing education within two years prior to
application for reinstatement. Upon receipt of such payment and proof, the board shall reinstate the license. A license
shall be reinstated under this subsection, upon receipt of such payment and proof, at any time after the expiration of
such license.
(e) In case of a lost or destroyed license, and upon satisfactory proof of the loss or destruction thereof, the board may
issue a duplicate license and shall charge a fee as set forth in K.S.A. 65-6314 and amendments thereto for such
duplicate license.
History: L. 1974, ch. 372, § 13; L. 1978, ch. 374, § 1; L. 1980, ch. 242, § 23; L. 1982, ch. 372, § 2; L. 1986, ch.
340, § 4; L. 1990, ch. 237, § 2; L. 1999, ch. 117, § 14; July 1, 2000.
65-6314. Fees.
(a) The following fees shall be established by the board by rules and regulations in accordance with the following
limitations:
(1) Renewal or reinstatement fee for a license as a social work associate shall be not more than $150.
(2) Application, new license, reinstatement or renewal fee for a license as a baccalaureate social worker shall be not
more than $150.
(3) Application, new license, reinstatement or renewal fee for a license as master social worker shall be not more than
$150.
(4) Application, new license, reinstatement or renewal fee for a license in a social work specialty shall be not more
than $150.
(5) Examination fee for a license as a baccalaureate social worker, for a license as a master social worker or for a
license in a social work specialty shall be not more than $200. If an applicant fails an examination, such applicant may
be admitted to subsequent examinations upon payment of an additional fee prescribed by the board of not more than
$200.
(6) Replacement fee for re-issuance of a license certificate due to loss or name change shall be not more than $20.
(7) Temporary license fee for a baccalaureate social worker, master social worker or a social work specialty shall be
not more than $50.
(8) Application fee for approval as board-approved continuing education sponsors shall be as follows:
(A) Initial application fee for one year provisionally approved providers shall be not more than $125;
(B) three-year renewal fees for approved providers shall be not more than $350; and
(C) application fees for single program providers shall be not more than $50 for each separately offered continuing
education activity for which prior approval is sought.
(b) Fees paid to the board are not refundable.
History: L. 1974, ch. 372, § 14; L. 1978, ch. 374, § 2; L. 1980, ch. 242, § 24; L. 1981, ch. 352, § 2; L. 1982, ch.
372, § 3; L. 1985, ch. 290, § 1; L. 1989, ch. 276, § 5; L. 1990, ch. 286, § 2; L. 1996, ch. 153, § 15; Jan. 1, 1997.
K.A.R. 102-2
Regulations
102-2-1. Revoked.
(Authorized by and implementing K.S.A. 74-7507; effective May 1, 1982; revoked, T-85-36, Dec. 19, 1984; revoked
May 1, 1985.)
102-2-1a. Definitions.
(a) “Approved-provider status” means that the provider has been approved by the board to provide any continuing
education program. Approved-provider status may be granted for a one-year probationary period to new applicants.
After completion of the probationary year, approved providers may reapply for approval every three years.
(b) “Client” means an individual, a family, or a group that receives social work services.
(c) “Client-therapist relationship” means a professional relationship in which an LMSW or LSCSW is engaged in the
diagnosis and treatment of a mental disorder of the client.
(d) “Clinical practicum” means a formal component of the academic curriculum in a graduate level social work
educational program that engages the student in supervised clinical social work practice including direct client contact
and that provides opportunities to apply classroom learning to actual practice situations in the field setting.
(e) “Clinical social work practice” means the professional application of social work theory and methods to the
treatment and prevention of psychosocial problems, disability, or impairment, including emotional and mental
disorders. Clinical social work shall include the following:
(1) Assessment;
(2) diagnosis;
(3) treatment, including psychotherapy and counseling;
(4) client-centered advocacy;
(5) consultation;
(6) evaluation; and
(7) interventions directed to interpersonal interactions, intrapsychic dynamics, and life support and management
issues.
(f) “Clinical supervision training plan” means a formal, written contract between a supervisor and a supervisee that
establishes the supervisory framework for postgraduate clinical experience and the expectations and responsibilities of
the supervisor and the supervisee.
(g) “Consult,” as used in K.S.A. 65-6306 and K.S.A. 65-6319, and amendments thereto, means a contact made by the
licensee with the appropriate medical professional for the purpose of promoting a collaborative approach to the client’s
care and informing the medical professional of the client’s symptoms, but not for the purpose of confirming the
diagnosis. The timing of any consult by the licensee shall be managed in a way that enhances the progress of
assessment, diagnosis, and treatment, and shall not be required to be completed in the initial session of service delivery.
(h) “Continuing education” means a formally organized learning experience that has education as its explicit, principal
intent and that is oriented toward the enhancement of social work practice, values, skills, knowledge, and ethics.
(i) “Direct client contact” means a service to a client system that utilizes individual, family, or group interventions
through face-to-face interaction or the use of electronic mediums of face-to-face interaction in which confidentiality is
protected.
(j) “Dual relationship” means a professional relationship with a client, student or supervisee in which the objectivity
of the licensee is impaired or compromised because of any of the following present or previous relationships:
(1) familial;
(2) sexual;
(3) social;
(4) emotional;
(5) financial;
(6) supervisory; or
(7) administrative.
(k) “Extenuating circumstances” means conditions caused by unexpected events beyond the person’s control.
(l) “LBSW” means a licensed baccalaureate social worker.
(m) “LMSW” means a licensed master social worker.
(n) “LSCSW” means a licensed specialist clinical social worker.
(o) “Malfeasance” means the performance of an act that a licensee should not perform.
(p) “Merits the public trust” means that an applicant or licensee possesses the high standard of good moral character
and fitness required to practice social work as demonstrated by the following personal qualities:
(1) Good judgement;
(2) integrity;
(3) honesty;
(4) fairness;
(5) credibility;
(6) reliability;
(7) respect for others;
(8) respect for the laws of the state and the nation;
(9) self-discipline;
(10) self-evaluation;
(11) initiative; and
(12) commitment to the social work profession values and ethics.
(q) “Misfeasance” means the improper performance of a lawful act by a licensee.
(r) “Nonfeasance” means the omission of an act that a licensee should perform.
(s) “Practice setting” means the public or private social work delivery system within which social work is practiced or
social work services are delivered.
(t) “Practicum” means a formal component of the academic curriculum in the social work educational program that
engages the student in supervised social work practice and provides opportunities to apply classroom learning to actual
practice situations in the field setting.
(u) “Prior-approved continuing education” means any of the following forms of continuing education:
(1)Any single-program material that has been submitted by a provider to the board, approved by the board, and
assigned a continuing education number;
(2) any program offered by a provider with approved-provider status; or
(3) academic social work courses audited or taken for credit.
(v) “Private, independent practice of social work” means the unsupervised provision of social work services as a self-
employed person, a member of a partnership, a member of a professional corporation, or a member of a group, and not
as a salaried employee of a person or a public or private agency, organization, institution, or other entity.
(w) “Retroactively approved continuing education” means material submitted for continuing education credit by the
licensee after attending the workshop, conference, seminar, or other offering and that is reviewed and subsequently
approved by the board.
(x) “Single-program provider status” means that the provider has been granted approval to offer a specific continuing
education program.
(y) “Social work consultation” means a voluntary professional relationship in which the consultant offers advice and
expertise that the consultee can either accept or reject and in which the objectives and requirements of social work
supervision as defined in K.A.R. 102-2-1a(aa) and K.A.R. 102-2-8 are lacking. Social work consultation shall not be
substituted for supervision.
(z) “Social work practice specialty” means a postgraduate practice with emphasis upon a specific, identifiable field of
practice.
(aa) “Social work supervision” means a formal professional relationship between the supervisor and supervisee that
promotes the development of responsibility, skill, knowledge, attitudes, and ethical standards in the practice of social
work.
(bb) “Termination of a client relationship” means the end of the professional relationship resulting from any of the
following:
(1) The mutual consent of the social worker and the client;
(2) the completion of therapeutic or casework services;
(3) dismissal of the social worker by the client;
(4) dismissal of the client by the social worker; or
(5) the transfer of the client to another professional for active therapy or casework services with the belief services
will continue.
(cc)(1) “Under the direction” means the formal relationship between the individual providing direction and the
licensee in which both of the following conditions are met:
(A) The directing individual provides the licensee, commensurate with the welfare of the client and the education,
training, and experience of the licensee with the following:
(i) Professional monitoring and oversight of the social work services provided by the licensee;
(ii) regular and periodic evaluation of treatment provided to clients by the licensee; and
(iii) verification that direction was provided to the licensee.
(B) The licensee receiving direction provides the following to the board, with each license renewal:
(i) The name, identifying information, and type of licensee of the directing individual;
(ii) a description of the work setting and the social work services provided under direction; and
(iii) documentation that direction was provided including dates, location, and length of time as verified by the
directing individual.
(2) A licensed master social worker who is practicing clinical social work under supervision as specified in K.A.R.
102-2-8(d) shall be deemed to be practicing under direction.
(dd) “Undue influence” means misusing one’s professional position of confidence, trust, or authority, or taking
advantage of the vulnerability, weakness, infirmity, or distress of a client, supervisee, or student for either of the
following purposes:
(1) To improperly influence or change the actions or decisions of a client, supervisee, or student; or
(2) to exploit a client, supervisee, or student for the financial gain, personal gratification, or advantage of the social
worker or a third party.
(Authorized by and implementing K.S.A. 1999 Supp. 74-7507; effective, T-85-36, Dec. 19, 1984; effective May 1,
1985; amended May 1, 1986; amended May 1, 1987; amended April 3, 1989; amended February 25, 1991; amended
Aug. 4, 2000.)
102-2-2. Revoked.
(Authorized by K.S.A. 74-7507; effective May 1, 1982; revoked, T-85-36, Dec. 19, 1984; revoked May 1, 1985.)
102-2-2c. Applicants for LBSW or LMSW license; waiver of examination requirement on the basis of
reciprocity.
(a) Each applicant for licensure as an LBSW or LMSW who wishes to be exempted from the requirement for an
examination based on reciprocity, as provided by K.S.A. 65-6309 and amendments thereto, shall submit an application
for licensure in accordance with the provisions of this regulation.
(b) Each applicant for licensure as an LBSW or LMSW shall request from the board the application forms for
licensure without examination based on reciprocity. Each applicant shall ensure that the application materials are
submitted to the board as follows:
(1) The applicant shall submit the completed application form and shall submit payment in full of the application for a
license fee, as provided in K.A.R. 102-2-3.
(2) The applicant shall forward a form provided by the board to the licensing agency for the state in which the
applicant is currently licensed or registered to practice social work at the level of an LBSW or LMSW. The licensing
agency shall provide the following documentation on the form:
(A) Verification that the applicant currently holds a valid license or registration to practice social work at the level of
an LBSW or an LMSW issued by the licensing agency;
(B) the date on which the applicant was initially licensed or registered to practice social work at the level of an LBSW
or LMSW by the licensing agency and a complete history of each subsequent renewal, reinstatement, and lapse in
licensure or registration;
(C) a complete history of any disciplinary action of a serious nature brought by the licensing agency against the
applicant. For purposes of this regulation, ``disciplinary action of a serious nature'' means the revocation or suspension
of a license, registration, or certification issued by the licensing board or the voluntary surrender of a license,
registration, or certification in lieu of the completion of an investigation or final disciplinary action; and
(D) verification that the requirements for licensure or registration to practice social work at the level of an LBSW or
LMSW in that state are substantially the same requirements as the requirements in Kansas.
The completed form shall be returned to the board by the licensing agency and shall not be forwarded to the applicant.
(c) In addition to complying with the requirements of subsection (b), each applicant shall submit verification from
either the licensing agency or the testing service that the applicant passed an examination similar to the examination
required under K.A.R. 102-2-9, including the applicant's score on the exam and the passing score established for the
exam.
(Authorized by K.S.A. 65-6309, as amended by 2003 HB 2234, Sec. 3, and K.S.A. 74-7507; implementing K.S.A. 65-
6309, as amended by 2003 HB 2234, Sec. 3, K.S.A. 65-6311 and 65-6314; effective, T-102-7-1-03, July 1, 2003;
effective Oct. 31, 2003.)
102-2-3. Fees.
(a) Each applicant for a new social work license shall pay the application fee as set forth below:
(1) Licensed baccalaureate social worker (LBSW): $100.00;
(2) licensed master social worker (LMSW): $100.00;
(3) licensed specialist clinical social worker (LSCSW): $100.00; and
(4) temporary license fee: $50.00.
(b) Each applicant for license renewal shall pay the applicable fee as set forth below:
(1) Licensed associate social worker (LASW): $100.00;
(2) licensed baccalaureate social worker (LBSW): $100.00;
(3) licensed master social worker (LMSW): $125.00: and
(4) licensed specialist clinical social worker (LSCSW): $150.00.
(c ) Each applicant for license reinstatement after the date of its expiration shall pay, in addition to the renewal fee the
applicable penalty fee as set forth below:
(1) Licensed associate social worker (LASW): $100.00;
(2) licensed baccalaureate social worker (LBSW): $100.00;
(3) licensed master social worker (LMSW): $125.00; and
(4) licensed specialist clinical social worker (LSCSW): $150.00.
(d) The fee for a replacement license shall be $20.00, and the fee for a replacement wallet card license shall be $2.00.
(e) Each provider of continuing education programs shall pay the applicable fee as set forth below:
(1) One-year provisional approved provider application fee: $100.00:
(2) three-year approved provider renewal fee: $250.00; and
(3) single-program provider fee: $50.00.
(f) Fees paid to the board shall not be refundable. This regulation shall be effective on and after July 1, 2005.
(Authorized by K.S.A. 65-6314; implementing K.S.A. 65-6313 and 65-6314; effective May 1, 1982; amended, T-86-
20, July 1, 1985; amended, May 1, 1986; amended, T-87-10, July 1, 1986; amended May 1, 1987; amended, T-102-10-
17-89, Oct. 17, 1989; amended, T-102-11-29-90, Nov. 29, 1990; amended Jan. 21, 1991; amended June 12, 1995;
amended Aug. 4, 1995; amended Aug. 4, 2000; amended March 8, 2002; amended July 1, 2005.)
102-2-4. Revoked.
(Authorized by and implementing K.S.A. 74-7507; effective May 1, 1982; revoked, T-85-36, Dec. 19, 1984; revoked
May 1, 1985.)
(e) the academic course syllabus and verification that the course was presented;
(f) a letter from the board giving approval for retroactively approved continuing education credit;
(g) written verification from the university practicum instructor that the licensee provided supervision of
undergraduate or graduate students;
(h) supervisory documents, pursuant to K.A.R. 102-2-12, for supervision of specialty license applicants;
(i) the self-directed learning project, submitted on board-approved forms. This material shall be submitted to the board
for evaluation and certification of the number of units of credit to be allowed;
(j) a description of the media format, content title, presenter or sponsor, content description, run time, and activity date
when videotapes, audiotapes, computerized interactive learning modules, or telecasts were utilized for continuing
education purposes; or
(k) a letter of appointment to the board of the professional organization, or a letter from the chairperson of the board
of the professional organization outlining the licensee’s participation in the organization.
(Authorized by and implementing K.S.A. 1999 Supp. 74-7507; effective May 1, 1982; amended, T-85-36, Dec. 19,
1984; amended May 1, 1985; amended May 1, 1987; amended Oct. 24, 1997; amended Aug. 4, 2000.)
102-2-8. Supervision.
(a) Supervision of nonlicensed social work service providers who participate in the delivery of social work services.
(1) Social work consultation shall not meet the super vision requirements for any nonlicensed social work service
provider.
(2) Each licensee supervising one or more nonlicensed individuals who participate in the delivery of social work
services shall specifically delineate the duties of each non licensed individual and provide a level of supervision that is
consistent with the training and ability of the non licensed social work service provider.
(3) Each licensee supervising one or more nonlicensed persons who participate in the delivery of social work services
shall develop a written agreement. The agreement shall consist of specific goals and objectives, the means to attain the
goals, and the manner in which the goals relate to the overall objective for supervision of the nonlicensed social work
service provider. The licensee shall maintain the following documentation associated with the written agreement:
(A) A copy of the written agreement signed by both the licensee and the nonlicensed person;
(B) a summary of the types of clients and situations dealt with at each supervisory session;
(C) a written explanation of the relationship of the goals and objectives of supervision to each supervisory session;
and
(D) the length of time spent in each supervisory session.
(4) The supervisor shall provide no fewer than four hours of supervision per month for each supervisee.
(5) The supervisor shall not have a dual relationship with the supervisee.
(b) Supervision of nonlicensed student social work service providers.
(1) Social work consultation shall not meet the super vision requirements for any nonlicensed student social work
service provider.
(2) Each licensee supervising one or more nonlicensed students in the delivery of social work services shall
specifically delineate each student's duties and provide a level of supervision consistent with the training and ability of
each student.
(3) Each licensee supervising one or more nonlicensed students who participate in the delivery of social work services
shall develop a written agreement for each student that is consistent with the requirements of the student's academic
social work program.
(4) The supervisor shall not have a dual relationship with the supervisee.
(c) Supervision of holders of temporary social work licenses.
(1) Social work consultation shall not meet the super vision requirements for any holder of a temporary social work
license.
(2) Each licensee supervising one or more individuals who hold a temporary social work licensure permit shall
specifically delineate the duties of each temporary license holder and provide a level of supervision consistent with the
training and ability of each individual.
(3) Each licensee supervising a temporary social work license holder and that individual shall develop a written
agreement. This agreement shall consist of specific goals and objectives, the means to attain the goals, and the manner
in which the goals relate to the overall objective for supervision of that person. The licensee shall maintain the
following documentation associated with the written agreement:
(A) A copy of the written agreement signed by both the licensee and the temporary social work license holder;
(B) a summary of the types of clients and situations dealt with at each supervisory session;
(C) a written explanation of the relationship of the goals and objectives of supervision to each supervisory session;
and
(D) the length of time spent in each supervisory session.
(4) A minimum of one hour of supervision shall be provided for each 40 hours of service delivery.
(5) The supervisor shall not have a dual relationship with the supervisee.
(d) Supervision of persons engaged in private practice or persons seeking licensure as a specialist clinical social
worker.
(1) A licensed specialist clinical social worker shall supervise the practice or delivery of social work services by the
following persons:
(A) Any licensee who is attaining the two years of supervised experience required for licensure as a specialist clinical
social worker; and
(B) any licensee who is not a licensed specialist clinical social worker and who is engaged in private practice.
(2) Any person attaining the supervised experience required for licensure as a specialist clinical social worker may be
supervised by a social worker who is licensed as a clinical social worker authorized to engage in the private,
independent practice of social work in another state and who is otherwise qualified.
(3) Supervisor qualifications. To qualify as a supervisor, a licensed specialist clinical social worker shall fulfill these
requirements:
(A) Have, in full or in part, professional responsibility for the supervisee's practice of social work or delivery of social
work services;
(B) not have a dual relationship with the supervisee;
(C) not be under sanction from a disciplinary proceeding, unless this prohibition is waived by the board for good
cause shown by the proposed supervisor;
(D) have knowledge of and experience with the supervisee's client population;
(E) have knowledge of and experience with the methods of practice that the supervisee employs;
(F) have an understanding of the organization and administrative policies and procedures of the supervisee's practice
setting; and
(G) be a member of the staff for that practice setting or meet the requirements of paragraph (d)(4).
(4) If a qualified supervisor is not available from among staff in the supervisee's practice setting, the supervisee may
secure an otherwise qualified supervisor outside of the practice setting if all of the following conditions are met:
(A) The supervisor has a complete understanding of the practice setting's mission, policy, and procedures.
(B) The extent of the supervisor's responsibility for the supervisee is clearly defined with respect to client cases to be
supervised, the supervisor's role in personnel evaluation within the practice setting, and other aspects of the clinical
supervision training plan.
(C) The responsibility for payment for supervision is clearly defined.
(D) If the supervisee pays the supervisor directly for the supervision, the supervisor maintains responsibility to the
client and to the practice setting.
(E) The parameters of client confidentiality are clearly defined and agreed to by the client.
(5) Supervisor requirements. Each social work practice supervisor shall perform these duties:
(A) Meet in person with the supervisee and provide a minimum of one hour of supervision for every 20 hours of
direct, face-to-face client contact;
(B) meet with not more than four supervisees at a time in the supervisory meetings;
(C) provide oversight, guidance, and direction of the supervisee's practice of social work or delivery of social work
services by assessing and evaluating the supervisee's performance;
(D) conduct supervision as a process distinct from personal therapy, didactic instruction, or social work consultation;
(E) ensure that the scope of the supervisor's own responsibility and authority in the practice setting has been clearly
and expressly defined;
(F) provide documentation of supervisory qualifications to the supervisee;
(G) periodically evaluate the supervisee's role, use of a theoretical base, and use of social work principles;
(H) provide supervision in accordance with the written clinical supervision training plan;
(I) maintain documentation of supervision;
(J) provide the documentation required by the board upon a supervisee's application for licensure in sufficient detail to
enable the board to evaluate the extent and quality of the supervisee's supervised experience;
(K) provide a level of supervision that is consistent with the education, training, experience, and ability of the
supervisee; and
(L) ensure that each client knows that the supervisee is practicing social work or participating in the delivery of social
work services under supervision.
(6) Clinical supervision training plan. Each supervisor and supervisee shall develop and co-sign a written clinical
supervision training plan at the beginning of the supervisory relationship. The supervisee shall submit the training plan
to the board and shall receive board approval of the plan before any supervised professional experience hours for
clinical licensure can begin to accrue. This plan shall clearly define and delineate the following items:
(A) The supervisory context, which shall include the purpose of supervision;
(B) a summary of the types of clients with whom and the situations in which the supervisee will typically work;
(C) a plan that describes the supervision goals and objectives, the means to attain and evaluate progress to wards the
goals, and the manner in which the goals relate to the overall objective of supervision;
(D) the format and schedule for supervision;
(E) the supervisor's responsibilities;
(F) the supervisee's responsibilities;
(G) the plans for documenting the date, length, and content of each supervisory meeting and the supervisee's progress
toward the learning goals;
(H) the plan for notifying clients of the following in formation:
(i) The fact that the supervisee is practicing social work or participating in the delivery of social work services under
supervision;
(ii) the limits of client confidentiality within the supervisory process; and
(iii) the name, address, and telephone number of the supervisor or other person with administrative authority over the
supervisee;
(I) a plan to address and remedy circumstances in which there is a conflict between the supervisor and the supervisee;
(J) the date on which the supervisor and supervisee entered into the clinical supervision training plan, the time frame
that the plan is intended to encompass, and the process for termination of the supervisory relation ship by either party;
(K) the steps for amending or renegotiating the clinical supervision training plan, if warranted, including written
notification of these changes to the board office as pro vided in paragraph (d)(7); and
(L) a statement identifying the person who is responsible for payment, the terms of payment, and the mutual
obligations and rights of each party with respect to compensation, if there is any compensation for supervisory services.
(7) Revision of the clinical supervision training plan. All changes to the clinical supervision training plan shall be
submitted by the supervisee to the board for its approval. The changes shall be submitted no more than 45 days after
the date on which the changes took effect. If the supervisee fails to submit the changes to the board within that 45-day
period, no supervised hours of practice shall be accrued or credited for any practice, beginning on the date the changes
took effect through the date on which the changes to the plan are approved by the board.
(Authorized by K.S.A. 2004 Supp. 74-7507; implementing K.S.A. 65-6303, 65-6306, 65-6308, K.S.A. 2004 Supp. 65-
6309, and 74-7507; effective, T-85-36, Dec. 19, 1984; effective May 1, 1985; amended May 1, 1986; amended May 1,
1987; amended Feb. 25, 1991; amended Oct. 24, 1997; amended Aug. 4, 2000; amended Aug. 13, 2004; amended April
22, 2005.)
102-2-9. Examinations.
(a) Each applicant for licensure by the board shall take an examination approved by the board. The pass criterion score
shall be as follows:
(1) At the criterion reference cutoff score for those applicants who take the board-approved, national standardized
examination; or
(2) at one standard deviation below the national mean for those applicants who took the examination offered by the
educational testing service or the professional examination testing service.
(b) An applicant shall not be authorized to register for an examination until the applicant is within four months of
anticipated completion of the applicable academic degree requirements.
(c) Waiver of examination. The written examination requirement may be waived for any applicant, other than an
applicant for reinstatement of a revoked or suspended license, if the applicant passed a board-approved, national
standardized examination at a level equal to or greater than the pass criterion score.
(d) Each applicant for licensure who fails the examination, or who fails to sit for an exam for which the applicant has
registered, shall submit the fee required by K.A.R. 102-2-3 for each subsequent examination for which the applicant
has registered.
(Authorized by K.S.A. 74-7507; implementing K.S.A. 65-6306 and 74-7507; effective, T-85-36, Dec. 19, 1984;
effective May 1, 1985; amended, T-86-39, Dec. 11, 1985; amended May 1, 1986; amended Oct. 24, 1997; amended
July 11, 2003.)
102-2-10. Licenses.
(a) If a license is revoked, suspended, or voluntarily surrendered, the individual shall return the license certificate and
the wallet-sized card to the board’s executive director within 10 days of the revocation, suspension, or voluntary
surrender.
(b) If a license expires, the individual shall return the license certificate to the board’s executive director within 30
days of the license expiration.
(Authorized by K.S.A. 74-7507, as amended by L. 1996, Ch. 153, Sec. 43; implementing K.S.A. 1995
Supp. 65-6311 and K.S.A. 65-6313; effective, T- 85-36, Dec. 19, 1984; effective May 1, 1985; amended May 1,
1987; amended Oct. 24, 1997.)
102-2-13. Licensee consult with physician when determining symptoms of mental disorders.
(a) Each licensed specialist clinical social worker or licensed master social worker who has a client with symptoms of
a mental disorder shall, upon the signed consent of the client, consult with the client’s physician or psychiatrist, except
when a client requests in writing that consultation with a physician be waived.
(b) The consult with a client’s physician or psychiatrist may occur through face-to-face contact, telephonic contact, or
correspondence by the licensee with the physician, the physician’s assistant, or designated nursing staff. When
initiating this contact, the licensee shall not be responsible for the medical professional’s response, or for the client’s
compliance with any related intervention made by the medical professional.
(c) If a licensee is practicing in a setting or contract arrangement that involves a person licensed to practice medicine
and surgery for review of mental health treatment, a physician consult may be completed through medical involvement
completed in accordance with the established procedure of the setting or with the contract arrangement.
(d) If a licensee is practicing in a licensed community mental health center or its affiliate, an agency of the state, or an
agency licensed by the state to provide mental health, rehabilitative, or correctional services, a physician consult shall
not be required beyond the procedures for medical involvement as established by the qualifying agency.
(e) If a licensee is offering services that do not include diagnosis and treatment of a mental disorder, a physician
consult shall not be required.
(f) If a client requests in writing that consultation with a physician be waived, a physician consultation shall not be
required if the waiver signed by the client is included in the client’s record.
(Authorized by K.S.A. 1999 Supp. 74-7507; implementing K.S.A. 1999 Supp. 65-6306, as amended by L. 1999, Ch.
117, Sec. 12; effective Aug. 4, 2000.)
102-2-14. Designation of referral source for use in the diagnosis and treatment of mental disorders.
The ``diagnostic and statistical manual of mental disorders,'' fourth edition, text revision, copyrighted in 2000 and
published by the American psychiatric association, is hereby adopted by reference.
(Authorized by K.S.A. 65- 6306 and K.S.A. 2004 Supp. 74-7507; implementing K.S.A. 65-6306; effective Aug. 4,
2000; amended April 22, 2005.)
74-7501. Behavioral sciences regulatory board created; composition; appointment; terms, organization;
compensation and expenses; executive director and other employees.
(a) There is hereby created a behavioral sciences regulatory board consisting of 11 members appointed by the
governor. The membership of the board shall be as follows: Two members of the board shall be licensed psychologists;
two members of the board shall be licensed to engage in the practice of social work; one member of the board shall be a
professional counselor; one member of the board shall be a marriage and family therapist and one member of the board
shall be a registered masters level psychologist who on January 1, 1997, will become a licensed masters level
psychologist; and four members of the board shall be from and represent the general public. Each member of the board
shall be a citizen of the United States and a resident of this state.
(b) The term of office of each member of the board shall be four years, except that the term of office of the new
members appointed pursuant to this act, one member shall be appointed for a term of two years, one member shall be
appointed for a term of three years and two members shall be appointed for terms of four years. The governor shall
designate the term of office for each member appointed to the board pursuant to this act. No member of the board shall
be appointed for more than two successive terms. Upon the expiration of a member's term of office, the governor shall
appoint a qualified successor. Each member shall serve until a successor is appointed and qualified. Whenever a
vacancy occurs in the membership of the board prior to the expiration of a term of office, the governor shall appoint a
qualified successor to fill the unexpired term. The governor may remove any member of the board for misconduct,
incompetency or neglect of duty.
(c) The board shall organize annually at its first meeting subsequent to June 30 and shall select from its members a
chairperson and a vice-chairperson. Other meetings shall be held as the board designates. A majority of members
appointed to the board shall constitute a quorum for the transaction of business.
(d) The board may appoint an executive director who shall be in the unclassified service of the Kansas civil service act
and shall receive an annual salary fixed by the board, subject to approval by the governor. The board may employ
clerical personnel and other assistants, all of whom shall be in the classified service under the Kansas civil service act.
The board may make and enter into contracts of employment with such professional personnel as necessary, in the
board's judgment, for the performance of its duties and functions and the execution of its powers.
(e) Members of the behavioral sciences regulatory board attending meetings of the board, or attending a subcommittee
meeting thereof authorized by the board, shall be paid compensation, subsistence allowances, mileage and other
expenses as provided in K.S.A. 75-3223, and amendments thereto.
History: L. 1980, ch. 242, § 1; L. 1981, ch. 299, § 61; L. 1982, ch. 347, § 48; L. 1986, ch. 299, § 41; L. 1988, ch. 304,
§ 3; L. 1990, ch. 286, § 7; L. 1992, ch. 116, § 39; L. 1996, ch. 153, § 42; July 1.
74-7502. Abolition of state board of examiners of psychologists and board of social work examiners; transfer of
powers, duties and functions to behavioral sciences regulatory board; rules and regulations preserved.
(a) On July 1, 1980, the following boards are hereby abolished:
(1) The state board of examiners of psychologists created by K.S.A. 1979 Supp. 74-5303; and
(2) the board of social work examiners created by K.S.A. 1979 Supp. 75-5349.
(b) All of the powers, duties and functions of the boards designated in subsection (a) and all of the powers, duties and
functions of the secretary of social and rehabilitation services under K.S.A. 75-5346 to 75-5361, inclusive, and
amendments thereto, are hereby transferred to and conferred and imposed upon the behavioral sciences regulatory
board.
(c) The behavioral sciences regulatory board shall be the successor in every way to the powers, duties and functions of
the boards designated in subsection (a) and to the powers, duties and functions of the secretary of social and
rehabilitation services under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, in which the same were
vested prior to the effective date of this act, except as otherwise provided by this act. Every act performed in the
exercise of such powers, duties and functions by or under the authority of the behavioral sciences regulatory board shall
be deemed to have the same force and effect as if performed by the boards designated in subsection (a) or by the
secretary of social and rehabilitation services under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, in
which the same were vested prior to the effective date of this act.
(d) Whenever the boards designated in subsection (a), or words of like effect, and the secretary of social and
rehabilitation services in regard to the powers, duties and functions of the secretary under K.S.A. 75-5346 to 75-5361,
inclusive, and amendments thereto, are referred to or designated by a statute, contract or other document, such
reference or designation shall be deemed to apply to the behavioral sciences regulatory board.
(e) All rules and regulations of the boards designated in subsection (a) and rules and regulations of the secretary of
social and rehabilitation services adopted under K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, shall
continue to be effective and shall be deemed to be duly adopted rules and regulations of the behavioral sciences
regulatory board, until revised, amended, revoked or nullified pursuant to law. The board shall review such rules and
regulations and shall adopt new rules and regulations, if necessary, pursuant to K.S.A. 77-415 et seq., and amendments
thereto.
(f) The behavioral sciences regulatory board shall be a continuation of the boards designated in subsection (a).
History: L. 1980, ch. 242, § 2; July 1.
74-7503. Transfer of certain officers and employees to board; civil service and retirement rights preserved;
transfer of records and property; disposition of conflicts.
(a) On July 1, 1980, officers and employees who were engaged prior to such date in the performance of powers, duties
and functions of the boards designated in subsection (a) of K.S.A. 74-7502 or in assisting the secretary of social and
rehabilitation services to carry out the provisions of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto,
and who, in the opinion of the behavioral sciences regulatory board are necessary to perform the powers, duties and
functions of the behavioral sciences regulatory board shall become officers and employees of the behavioral sciences
regulatory board and shall retain all retirement benefits and all rights of civil service which such officer or employee
had before July 1, 1980, and their service shall be deemed to have been continuous. All transfers and any abolishment
of positions of personnel in the classified civil service shall be in accordance with civil service laws and rules and
regulations.
(b) All books, records and other property of the boards designated in subsection (a) of K.S.A. 74-7502 and of the
department of social and rehabilitation services maintained in the course of administering the provisions of K.S.A. 75-
5346 to 75-5361, inclusive, and amendments thereto, are hereby transferred to the behavioral sciences regulatory board
on the effective date of this act.
(c) Whenever any conflict arises as to the proper disposition of any property or records as a result of any abolishment
or transfer made under this act, or under authority of this act, such conflict shall be resolved by the governor, and the
decision of the governor shall be final.
History: L. 1980, ch. 242, § 3; July 1.
74-7504. Rights preserved in legal actions and proceedings.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been
commenced, by or against any board designated in subsection (a) of K.S.A. 74-7502 or under the provisions of K.S.A.
75-5346 to 75-5361, inclusive, and amendments thereto, or by or against any officer of the state in such officer's
official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the taking effect
of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the behavioral
sciences regulatory board.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect
of this act.
History: L. 1980, ch. 242, § 4; July 1.
74-7505. Abolition of fee funds; transfer of moneys and liabilities to behavioral sciences regulatory board fee
fund.
The psychologists fee fund, established by K.S.A. 1979 Supp. 74-5346, and the social work examiners fee fund,
established by K.S.A. 1979 Supp. 75-5359, are hereby abolished. On the effective date of this act the director of
accounts and reports shall transfer all moneys in such funds to the behavioral sciences regulatory board fee fund
established by this act. On the effective date of this act, all liabilities of the psychologists fee fund, established by
K.S.A. 1979 Supp. 74-5346, and the social work examiners fee fund, established by K.S.A. 1979 Supp. 75-5359,
existing immediately prior to the effective date of this act are hereby transferred to and imposed on the behavioral
sciences regulatory board fee fund.
History: L. 1980, ch. 242, § 5; July 1.
74-7506. Disposition of moneys received; behavioral sciences regulatory board fee fund established; approval
of expenditures.
The behavioral sciences regulatory board shall remit all moneys received by or for it from fees, charges or penalties to
the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each
such remittance, the state treasurer shall deposit the entire amount in the state treasury. Twenty percent of each such
deposit shall be credited to the state general fund and the balance shall be credited to the behavioral sciences regulatory
board fee fund, which is hereby established. All expenditures from the behavioral sciences regulatory board fee fund
shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the chairperson of the behavioral sciences regulatory board or by a person or persons
designated by the chairperson.
History: L. 1980, ch. 242, § 6; L. 2001, ch. 5, § 339; July 1.
74-7508. Investigations by board; access to documents and other evidence; oaths and testimony; subpoenas;
confidentiality of information; exceptions; client or patient communications.
(a) In connection with any investigation, based upon a written complaint or other reasonably reliable written
information, by the behavioral sciences regulatory board, the board or its duly authorized agents or employees shall at
all reasonable times have access to, for the purpose of examination, and the right to copy any document, report, record
or other physical evidence of any person being investigated, or any document, report, record or other evidence
maintained by and in possession of any clinic or office of a practitioner of the behavioral sciences, or other public or
private agency if such document, report, record or other physical evidence relates to practices which may be grounds
for disciplinary action.
(b) In all matters pending before the behavioral sciences regulatory board, the board shall have the power to
administer oaths and take testimony. For the purpose of all investigations and proceedings conducted by the behavioral
sciences regulatory board:
(1) The board may issue subpoenas compelling the attendance and testimony of witnesses or the production for
examination or copying of documents, reports, records or any other physical evidence if such documents, reports,
records or other physical evidence relates to practices which may be grounds for disciplinary action. Within five days
after the service of the subpoena on any person requiring the production of any documents, reports, records or other
physical evidence in the person's possession or under the person's control, such person may petition the board to
revoke, limit or modify the subpoena. The board shall revoke, limit or modify such subpoena if in its opinion the
documents, reports, records or other physical evidence required does not relate to practices which may be grounds for
disciplinary action, is not relevant to the allegation which is the subject matter of the proceeding or investigation, or
does not describe with sufficient particularity the documents, reports, records or other physical evidence which is
required to be produced. Any member of the board, or any agent designated by the board, may administer oaths or
affirmations, examine witnesses and receive such documents, reports, records or other physical evidence.
(2) The district court, upon application by the board or by the person subpoenaed, shall have jurisdiction to issue an
order:
(A) Requiring such person to appear before the board or the board's duly authorized agent to produce documents,
reports, records or other physical evidence relating to the matter under investigation; or
(B) revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to
practices which may be grounds for disciplinary action, is not relevant to the allegation which is the subject matter of
the hearing or investigation or does not describe with sufficient particularity the documents, reports, records or other
physical evidence which is required to be produced.
(3) (A) If the board determines that an individual has practiced without a valid license a profession regulated by the
board for which the practitioners of the profession are required by law to be licensed in order to practice the profession,
in addition to any other penalties imposed by law, the board, in accordance with the Kansas administrative procedure
act, may issue a cease and desist order against such individual.
(B) Whenever in the judgment of the behavioral sciences regulatory board any person has engaged, or is about to
engage, in any acts or practices which constitute, or will constitute, a violation of K.S.A. 65-6301 to 65-6320,
inclusive, and amendments thereto, 74-5361 to 74-5374, inclusive, and K.S.A. 2003 Supp. 74-5375, and amendments
thereto, the licensure of psychologists act, the marriage and family therapists licensure act or the alcohol and other drug
abuse counselor registration act, or any valid rule or regulation of the board, the board may make application to any
court of competent jurisdiction for an order enjoining such acts or practices, and upon a showing by the board that such
person has engaged, or is about to engage in any such acts or practices, an injunction, restraining order, or such other
order as may be appropriate shall be granted by such court without bond.
(c) Any complaint or report, record or other information relating to a complaint which is received, obtained or
maintained by the behavioral sciences regulatory board shall be confidential and shall not be disclosed by the board or
its employees in a manner which identifies or enables identification of the person who is the subject or source of the
information except the information may be disclosed:
(1) In any proceeding conducted by the board under the law or in an appeal of an order of the board entered in a
proceeding, or to any party to a proceeding or appeal or the party's attorney;
(2) to the person who is the subject of the information or to any person or entity when requested by the person who is
the subject of the information, but the board may require disclosure in such a manner that will prevent identification of
any other person who is the subject or source of the information; or
(3) to a state or federal licensing, regulatory or enforcement agency with jurisdiction over the subject of the
information or to an agency with jurisdiction over acts or conduct similar to acts or conduct which would constitute
grounds for action under this act. Any confidential complaint or report, record or other information disclosed by the
board as authorized by this section shall not be redisclosed by the receiving agency except as otherwise authorized by
law.
(d) Nothing in this section or any other provision of law making communications between a practitioner of one of the
behavioral sciences and the practitioner's client or patient a privileged or confidential communication shall apply to
investigations or proceedings conducted pursuant to this section. The behavioral sciences regulatory board and its
employees, agents and representatives shall keep in confidence the content and the names of any clients or patients
whose records are reviewed during the course of investigations and proceedings pursuant to this section.
(e) In all matters pending before the behavioral sciences regulatory board, the board shall have the power to revoke
the license or registration of any licensee or registrant who voluntarily surrenders such person's license or registration
pending investigation of misconduct or while charges of misconduct against the licensee are pending or anticipated.
(f) In all matters pending before the behavioral sciences regulatory board, the board shall have the option to censure
the licensee or registrant in lieu of other disciplinary action.
History: L. 1980, ch. 242, § 8; L. 2001, ch. 154, § 1; L. 2004 ch. 16, § 6, July 1, 2004.
74-7510. Immunity from liability in civil actions for reporting, communicating and investigating certain
information concerning alleged malpractice incidents and other information; conditions.
(a) No person reporting to the behavioral sciences regulatory board in good faith and without malice any information
such person may have relating to alleged incidents of malpractice, or the qualifications, fitness or character of, or
disciplinary action taken against, a person licensed or registered by the board shall be subject to a civil action for
damages as a result of reporting such information.
(b) Any state, regional or local association composed of persons licensed or registered to practice in a field governed
by the behavioral sciences regulatory board and the individual members of any committee thereof, which in good faith
and without malice investigates or communicates information pertaining to fitness or character of, or disciplinary action
taken against, any licensee, registrant or certificate holder to the behavioral sciences regulatory board or to any
committee or agent thereof, shall be immune from liability in any civil action that is based upon such investigation or
transmittal or information if the investigation and communication was made in good faith and without malice and did
not represent as true any matter not reasonably believed to be true.
History: L. 1989, ch. 276, § 6; July 1.