KANSAS OFFICE of
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65-6306. Qualifications for licensure, temporary candidacy licensure; baccalaureate social worker; master social worker; specialist clinical social worker; practice of licensed specialist clinical social worker; approval of colleges or universities, criteria; community-based social work license. (a) The board shall issue a license as a baccalaureate social worker to an applicant who has:

(1) 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) passed an examination approved by the board for this purpose;

(3) satisfied the board that the applicant is a person who merits the public trust; and

(4) paid an application fee established by the board under K.S.A. 65-6314, and amendments thereto, and, upon notification from the board that all eligibility requirements have been satisfied, the license fee established by the board pursuant to K.S.A. 65-5808, and amendments thereto.

(b) (1) An applicant for a baccalaureate social work license who received a baccalaureate degree from a social work program in candidacy status from an accrediting body recognized by the board may request a temporary candidacy baccalaureate social work license upon:

(A) Demonstrating receipt of a baccalaureate degree from a college or university, including completion of a social work program in candidacy from an accrediting body recognized by the board;

(B) passing an examination approved by the board for the purpose of such temporary candidacy licensure;

(C) submitting a completed, signed temporary candidacy baccalaureate social work license application on a form and in a manner provided by the board;

(D) satisfying the board that the applicant is a person who merits the public trust; and

(E) paying the temporary candidacy baccalaureate social worker fee as established under K.S.A. 65-6314, and amendments thereto, upon notification from the board that all eligibility requirements have been satisfied.

(2) A temporary candidacy baccalaureate social work license shall expire on the last day of the 24th month after the temporary candidacy baccalaureate social work license's effective date. Such license is nonrenewable, but, upon request by the license holder using a form approved by the board and paying the appropriate fee, the license shall be extended upon a showing that the social work program remains in candidacy status with the accrediting body recognized by the board. In all professional use of the social worker's name, an individual with a temporary candidacy baccalaureate social work license shall represent themselves as a temporary candidacy baccalaureate social worker. An individual with such license may not use the credentials "LBSW." The word "licensed" may be used only when followed by the words "by temporary candidacy license." An individual issued a temporary candidacy baccalaureate social work license shall practice under supervision and shall not be required to complete continuing education. If the accrediting body recognized by the board grants accreditation to the program in candidacy status, the holder of the temporary candidacy baccalaureate social work license shall receive a permanent license upon payment of the appropriate fee. If the accrediting body recognized by the board does not grant accreditation to the program in candidacy status, the board shall immediately revoke the temporary license and notify the licensee of the revocation of such license.

(c) The board shall issue a license as a master social worker to an applicant who has:

(1) 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) passed an examination approved by the board for this purpose;

(3) satisfied the board that the applicant is a person who merits the public trust; and

(4) paid an application fee established by the board under K.S.A. 65-6314, and amendments thereto, and, upon notification from the board that all eligibility requirements have been satisfied, paid the license fee established under K.S.A. 65-5808, and amendments thereto.

(d) (1) An applicant for a master social work license who received a master's degree from a social work program in candidacy status from an accrediting body recognized by the board may request a temporary candidacy master social work license upon:

(A) Demonstrating receipt of a master's degree from a college or university, including completion of a social work program in candidacy from an accrediting body recognized by the board;

(B) passing an examination approved by the board for the purpose of such temporary candidacy licensure;

(C) submitting a completed, signed temporary candidacy master social work license application on a form and in a manner provided by the board;

(D) satisfying the board that the applicant is a person who merits the public trust; and

(E) paying the temporary candidacy master social worker fee as established under K.S.A. 65-6314, and amendments thereto, upon notification from the board that all eligibility requirements have been satisfied.

(2) A temporary candidacy master social work license shall expire on the last day of the 24th month after the temporary candidacy master social work license's effective date. Such license is nonrenewable, but, upon request by the license holder using a form approved by the board and paying the appropriate fee, the license shall be extended upon a showing that the social work program remains in candidacy status with the accrediting body recognized by the board. In all professional use of the social worker's name, an individual with a temporary candidacy master social work license shall represent themselves as a temporary candidacy master social worker. An individual with such license shall not use the credentials "LMSW." The word "licensed" may be used only when followed by the words "by temporary candidacy license." An individual issued a temporary candidacy master social work license shall practice under supervision and shall not be required to complete continuing education. If the accrediting body recognized by the board grants accreditation to the program in candidacy status, the holder of the temporary candidacy master social work license shall receive a permanent license upon payment of the appropriate fee. If the accrediting body recognized by the board does not grant accreditation to the program in candidacy status, the board shall immediately revoke the temporary license and notify the licensee of the revocation of such license.

(e) The board shall issue a license in one of the social work specialties to an applicant who has:

(1) 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) 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) passed an examination approved by the board for this purpose;

(4) satisfied the board that the applicant is a person who merits the public trust; and

(5) upon notification from the board that all eligibility requirements have been satisfied, paid the license fee established under K.S.A. 65-6314, and amendments thereto.

(f) (1) The board shall issue a license as a specialist clinical social worker to an applicant who:

(A) Has met the requirements of subsection (e);

(B) has completed 3 credit hours as part of or in addition to the requirements under subsection (e) supporting diagnosis or treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual, through identifiable study of psychopathology;

(C) has completed a graduate level supervised clinical practicum of supervised professional experience, including, but not limited to, psychotherapy and assessment, integrating diagnosis or diagnostic impressions and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual or additional postgraduate supervised experience as determined by the board;

(D) has completed as part of or in addition to the requirements of subsection (e) 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 3,000 hours of supervised professional experience including at least 1,500 hours of direct client contact, including, but not limited to, conducting psychotherapy and assessments with individuals, couples, families or groups integrating diagnosis or diagnostic impressions and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, 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 subparagraphs (B) and (C), 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 subparagraphs (B), (C) and (D), 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.

(g) The board shall adopt rules and regulations establishing the criteria that 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.

(h) (1) Notwithstanding any pending candidacy for accreditation of the masters of social work program at Fort Hays state university, the board shall:

(A) Accept a master's degree from such program as from an accredited college or university for the purpose of issuing a license as a master social worker to an applicant under subsection (b); and

(B) not impose any additional or alternative requirements to accreditation upon an applicant with such degree based on such program's pending candidacy for accreditation.

(2) The provisions of this subsection shall apply retroactively and shall expire on July 1, 2023.

(i) (1) An individual may apply to the board for a community-based social work license to practice social work in the scope of employment by a community mental health center, as defined in K.S.A. 39-2002, and amendments thereto, a federally qualified health center, as defined in K.S.A. 65-7402, and amendments thereto, a psychiatric residential treatment facility as defined in K.S.A. 39-2002, and amendments thereto, or a private treatment facility as defined in K.S.A. 59-29b46, and amendments thereto.

(2) A community-based social work license may be issued by the board after the board reviews and approves the application and the applicant has paid the fee set by the board for issuance of a community-based social work license.

(3) (A) Absent extenuating circumstances approved by the board, a community-based social work license issued by the board shall expire:

(i) Upon the date the board issues or denies a license to practice social work; or

(ii) 24 months after the date of issuance of the community-based social work license.

(B) No community-based social work license shall be renewed or issued again on any subsequent application for the same license level. This paragraph shall not be construed to limit the number of times an applicant may take the examination.

(4) A person practicing social work with a community-based social work license may use the title "licensed baccalaureate social worker" or "licensed master social worker" or the initials "LBSW" or "LMSW" independently.

(5) No person may practice social work under a community-based social work license except under the supervision of a person licensed by the board to practice at the independent level.

(6) The board shall not issue a community-based social work license or temporary social work license to an individual who has previously been issued a community-based social work license or temporary social work license.

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; L. 2019, ch. 55, § 25; L. 2021, ch. 88, § 18; L. 2022, ch. 77, § 3; L. 2023, ch. 90, § 10; July 1.

Attorney General's Opinions:

Licensing of social workers; limitations on private practice of social work. 85-78.

Social workers not licensed as licensed specialist clinical social workers may engage in private practice if supervised by LSCSW. 87-112.

Delegation of Licensure of Social Workers. 90-36.

Social workers; licensure; social work specialties; supervisor qualifications. 94-146.

CASE ANNOTATIONS

1. Testimony by social worker concerning cause of physical injury did not satisfy requirements to prove negligent infliction of emotional distress. Ammon v. Baron Automotive Group, 270 F. Supp. 2d 1293, 1315 (2003).


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