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Publications iconKansas Register

Volume 41 - Issue 36 - September 8, 2022

State of Kansas

Behavioral Sciences Regulatory Board

Notice of Hearing on Proposed Administrative Regulations

A public hearing will be conducted by the staff of the Behavioral Sciences Regulatory Board (BSRB) from 10:00 a.m. to 11:00 a.m. Tuesday, November 8, 2022, in the BSRB conference room at 700 SW Harrison St. Ste. 420, Topeka, Kansas, to consider proposed changes to administrative regulations for several professions regulated by the BSRB. There is metered parking all around the Eisenhower State Office Building. The public entrance is on the north side of the building. To ensure that there is adequate space for public attendees, all individuals wishing to attend the hearing must notify David Fye, Executive Director for the BSRB, no later than two business days prior to the hearing by email to david.fye@ks.gov. At the hearing on November 8, all interested parties will be given a reasonable opportunity to present their views orally. To give all parties an opportunity to present their views, it may be necessary to request each participant limit any oral presentation to five minutes or less, depending on the number of attendees that wish to speak. Oral comments will be recorded by staff members of the BSRB and summarized for the Board at the next full Board meeting when changes or adoption of the regulations are considered by the Board.

Any individual with a disability may request accommodation to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation to participate in the hearing should be made at least five business days in advance of the hearing by contacting Leslie Allen, Assistant Director, at 785-296-3240 or leslie.allen@ks.gov.

This 60-day notice of the public hearing constitutes a public comment period for purposes of receiving written public comments on the proposed amendments. All interested parties may submit written comments prior to the hearing to David B. Fye, JD, Executive Director, Behavioral Sciences Regulatory Board, 700 SW Harrison St., Suite 420, Topeka, KS 66603. Email comments may be directed to david.fye@ks.gov.

A copy of the full text of the regulations and the economic impact statements may be reviewed or obtained at the board office. They are also available on the board website at http://ksbsrb.ks.gov under proposed regulations. The board does not have a less costly or less intrusive method for achieving the stated purpose of these regulations. The regulations that will be considered during the regulatory hearing portion of the meeting are as follows:

K.A.R. 102-1-1 and K.A.R. 102-1-5a language is being changed to allow individuals seeking licensure as Licensed Psychologists to attain all required supervision hours either in person or by televideo, rather than requiring some hours to be in the same physical space as the supervisor. Additionally, the modifications allow for supervision by phone, under extenuating circumstances as approved by the Board. These changes better align with statutory changes enacted for other professions under the BSRB in 2021 Senate Sub. for HB 2208.

K.A.R. 102-2-1a, K.A.R. 102-2-8, and K.A.R. 102-2-12 language is being changed to sync regulatory language with statutory language changes enacted in 2021 Senate Sub. for HB 2208, which allows individuals seeking licensure as a Clinical Level Social Worker to attain all required supervision hours either in person or by televideo, rather than requiring some hours to be in the same physical space as the supervisor; allows for supervision by phone, under extenuating circumstances as approved by the Board; allows all required postgraduate supervised hours of experience to be in person, by televideo, or by phone; and deletes previous statutory language requiring not less than 350 hours of direct client contact as part of a practicum (other decreases in supervision hours were enacted by the 2019 Legislature). These changes also include a definition of “one-hour” to provide clarity to questions relating to the length of supervision and include changes to supervision requirements to bring the language for this profession more in line with requirements of other professions overseen by the BSRB.

K.A.R. 102-3-1a, K.A.R. 102-3-3a, and K.A.R. 102-3-7a language is being changed to sync regulatory language with statutory language changes enacted in 2021 Senate Sub. for HB 2208, which allows individuals seeking licensure as a Clinical Professional Counselor to attain all required supervision hours either in person or by televideo, rather than requiring some hours to be in the same physical space as the supervisor; allows for supervision by phone, under extenuating circumstances as approved by the Board; allows all required postgraduate supervised hours of experience to be in person, by televideo, or by phone; decreases the number of direct client contact hours during the practicum experience from 350 hours to 280 hours; and decreases the number of hours of post-graduate supervised work experience required for clinical licensure from 4,000 hours to 3,000 hours and decreases the number of direct supervision hours required for clinical licensure from 150 hours to 100 hours. The changes also provide a definition of “one-hour” and “quarter credit hour” to provide clarity to questions relating to the length of supervision and better align with other professions under the BSRB. A definition of “related field” was added to clarify what other areas of practice could qualify for licensure as a professional counselor.

K.A.R. 102-4-1a and K.A.R. 102-4-7a language is being changed to sync regulatory language with statutory language changes enacted in 2021 Senate Sub. for HB 2208, which allows individuals seeking licensure as Clinical Psychotherapists (the clinical level for Master’s Level Psychologists) to attain all required supervision hours either in person or by televideo, rather than requiring some hours to be in the same physical space as the supervisor; allows for supervision by phone, under extenuating circumstances as approved by the Board; allows all required postgraduate supervised hours of experience to be in person, by televideo, or by phone; and decreases the number of direct supervision hours required for clinical licensure from 150 hours to 100 hours. These changes also provide a definition of “one hour” to provide clarity to questions relating to the length of supervision.

K.A.R. 102-5-1 and K.A.R. 102-5-7a language is being changed to sync regulatory language with statutory language changes enacted in 2021 Senate Sub. for HB 2208, which allows individuals seeking licensure as a Clinical Level Marriage and Family Therapist to attain all required supervision hours either in person or by televideo, rather than requiring some hours to be in the same physical space as the supervisor; allows for supervision by phone, under extenuating circumstances as approved by the Board; allows all required postgraduate supervised hours of experience to be in person, by televideo, or by phone; and decreases the number of hours of post-graduate supervised work experience required for clinical licensure from 4,000 hours to 3,000 hours and decreases the number of direct supervision hours required for clinical licensure from 150 hours to 100 hours. These changes also include a definition of “one-hour” to provide clarity to questions relating to the length of supervision.

K.A.R. 102-7-1 and K.A.R. 102-7-6 language is being changed to sync regulatory language with statutory language changes enacted in 2021 Senate Sub. for HB 2208, which allows individuals seeking licensure as a Clinical Level Addiction Counselors to attain all required supervision hours either in person or by televideo, rather than requiring some hours to be in the same physical space as the supervisor; allows for supervision by phone, under extenuating circumstances as approved by the Board; allows all required postgraduate supervised hours of experience to be in person, by televideo, or by phone; and decreases the number of hours of post-graduate supervised work experience required for clinical licensure from 4,000 hours to 3,000 hours and decreases the number of direct supervision hours required for clinical licensure from 150 hours to 100 hours. These changes also provide a definition of “one-hour” to provide clarity to questions relating to the length of supervision.

Economic impact: There would be a small economic impact for individuals seeking a license as a psychologist, clinical social worker, clinical professional counselor, clinical psychotherapist, clinical marriage and family therapist, and clinical addiction counselor, as these applicants would be able to complete necessary supervision hours and other postgraduate supervised work experience requirements more quickly.

David B. Fye, JD
Executive Director

Doc. No. 050483