SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2340
As Amended by Senate Committee on Public
Health and Welfare

Brief*
HB 2340, as amended, would modify several
requirements for some of the professions licensed by the
Behavioral Science Regulatory Board (BSRB), add new
temporary licensure categories, and establish requirements
for an expedited application process.
Among the changes, the bill would reduce the number of
months of practice prior to being eligible for reciprocity of
licenses, increase the number of months that a temporary
license is valid, reduce continuing education hours for
professionals who diagnose, clarify the education
requirements for marriage and family therapists, and clarify
the disciplinary procedure for behavior analysts.
The bill would also add provisions for some of the
professions including adding a process and timeline for the
BSRB to follow when processing applications; definitions for
“extenuating circumstances” and “merits the public trust”; a
process for licensees to request additional time to complete
continuing education requirement due to extenuating
circumstances; temporary licenses for social work graduates
of education programs seeking accreditation; a temporary
reinstatement license for expired licenses; a temporary
student license for addiction counseling; and a temporary
license for some licensees who are employed by community
mental health centers.

____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
The bill would add provisions that would not permit a
person who practiced under a student temporary addiction
counselor license to practice under a community-based
license in any of these licenses: professional counselor,
social work, marriage and family therapy, or psychology.
Additionally, the bill would not permit a person who practiced
under a community-based license to practice addiction
counseling under a student temporary addiction counselor
license.
The bill would also make technical amendments. [Note:
The changes made by this bill apply to multiple licenses but
the change to each license type utilizes the same language.
When only one license or group was impacted, the specific
group is identified.]

Application Processing (New Section 1)
The bill would specify applicants are to be notified by the
BSRB as to the sufficiency of their application within 15 days
of receipt. If the application is incomplete, the BSRB will
advise as to what is needed to make the application
complete. The bill would require decisions on completed
applications to be issued within 30 business days.
The bill would add a requirement that the BSRB must
adopt an expedited application process and that an
application must be reviewed and have a decision rendered
within 15 business days. The fee for expedited applications
would be established by the BSRB in an amount that could
not exceed $100 and would not be charged to a military
servicemember or military spouse. The bill would define
“military servicemember” and “military spouse.”


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Modifications to Existing Licensure Requirements
Reciprocity of Licenses
The bill would reduce the number of months of
registration, certification, or licensure in another jurisdiction
with a similar scope of practice needed for a reciprocal
license from 48 of the last 54 months to 12 months for a
professional counselor, social worker, marriage and family
therapist, addiction counselor, and psychologist licenses.
Temporary Licenses
The bill would amend the length of time a temporary
license would be valid to 24 months for the following licenses:
professional counselor, bachelor’s social work, master’s
social work, marriage and family therapy, addiction counselor,
master’s addiction counselor, and student addiction
counselor.
Reduction in Continuing Education Hours for Some
Licensees
The bill would reduce to not less than three hours per
renewal period for diagnosis and treatment of mental
disorders of continuing education for those professional
counselors, master social workers, specialist clinical social
workers, and marriage and family therapists who diagnose
and treat mental disorders. These requirements would take
effect on and after July 1, 2025.
Reduction in Credit Hours for Specialist Clinical Social
Workers
The bill would reduce the number of credit hours that
support diagnosis or treatment of mental disorders required
for specialist clinical social workers from 15 hours to 3 hours
and specify that such hours would be in the study of
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psychopathology. The bill would also add diagnostic
impression as a type of supervised clinical experience that
would satisfy the graduate clinical practicum requirement for
specialist clinical social workers.
Marriage and Family Therapist Education Requirements
The bill would amend education requirements of a
marriage and family therapist applicant to add that the
applicant must complete an academically supervised
practicum in the master’s degree program with at least 300
hours of direct client contact or a combined 300 hours of
direct client contact and additional postgraduate supervised
experience.
Behavior Analyst Licenses
The bill would amend behavior analyst requirements to
create more uniformity with the other professions the BSRB
licensees by adding language to authorize licensee
reinstatements and modifying the disciplinary remedies.
Board Membership
The bill would add licensed clinical psychotherapists and
licensed master addition counselors as possible members of
the BSRB.
Definitions
The bill would add “extenuating circumstances” as a
definition for licenses overseen by the BSRB including
professional counselors, social workers, marriage and family
therapists, addiction counselors, psychologists, and
community-based licensees.
“Extenuating circumstances” would mean any condition
or situation caused by events beyond an individual’s control
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that is sufficiently extreme in nature to result in the
individual’s inability to comply with requirements or
inadvisability of requiring the individual to comply with
requirements.
Psychologists. The bill would replace “of good moral
character” as a standard for psychologists to be issued a
license with “merits the public trust,” which would mean that
an applicant or licensee possesses the high standard of good
moral character and fitness that is required to practice
psychology as demonstrated by the following personal
qualities:
● Good judgment;
● Integrity;
● Honesty;
● Fairness;
● Credibility;
● Reliability;
● Respect for others;
● Respect for the laws of this state and the nation;
● Self-discipline;
● Self-evaluation;
● Initiative; and
● Commitment to the psychology profession and its
values and ethics.

Extension of Licensure
The bill would provide for a current licensee
experiencing extenuating circumstances to request an
additional three months to complete continuing education
requirements. The licensee would be required to:
● Provide reason for requesting additional time,
showing extenuating circumstances for why the

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hours could not be completed during the licensing
period; and
● Provide a plan outlining the manner in which the
licensee intends to complete the remaining
continuing education hours.
A licensee receiving additional time to complete
continuing education hours would be required to renew the
license prior to the license expiration date and report to the
BSRB the number of continuing education hours completed
on that date as well as notify the BSRB upon completing the
remaining hours. The licensee would be subject to an audit
by the BSRB of the total number of continuing education
hours completed for the applicable licensing period.
A licensee would not be approved for additional time to
complete continuing education requirements in consecutive
license periods.
Temporary Reinstatement of Expired License
The bill would add a new provision that permits
licensees with expired licenses to make application for a
reinstatement of the license. The bill would reduce the fee
charged to reinstate an expired license.
For those licensees with expired licenses of less than
one year, evidence of the necessary continuing education
and payment of fee would be sufficient. For those licensees
with a license expired for longer than 12 months, a temporary
license of six months may be issued to permit the applicant
additional time to complete continuing education
requirements. The temporary license based upon an expired
license would not be extended or renewed.


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Licensure for Social Work Graduates of Programs
Undergoing the Accreditation Process
The bill would permit the temporary licensure of social
work candidates for 24 months who had completed their
bachelor’s or master’s degrees through an education
program that is in the process of seeking accreditation. These
individuals would hold a temporary candidacy license until the
degree program is granted accreditation. The 24-month
period could be extended upon request by the licensee if the
program remained in the accreditation process after the 24-
month time frame expired.
Temporary licensees would be required to work under
the supervision of a licensed social worker but would not be
required to complete continuing education requirements.
Persons with such a license would be required to identify
themselves as a temporary candidacy baccalaureate or
master social worker, specify that their licensing is “by
temporary candidacy license,” and may not use the
credentials “LBSW” “or LMSW.”
The bill would provide that if the program is successful in
the completion of the accreditation, a permanent license will
be granted upon the payment of the appropriate fee to the
BSRB. If the program is not successful in the accreditation
process, the temporary license would be revoked immediately
by the BRSB.
Student Temporary Addiction Counselor License
The bill would add a new licensure for student temporary
addiction counselors. This license would be available for
students who have:
● Completed 60 credit hours of higher education in
the area of addiction counseling or related field;


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● Signed an attestation of intent to pursue licensure
with a plan to complete the educational
requirements within 48 months;
● Provided an education plan signed by the higher
education institution official, including steps to
obtain necessary coursework;
● Provided a signed attestation from a prospective
employer who intends to offer employment upon
obtaining the student temporary addiction
counseling license;
● Submitted a supervision plan signed by an
individual employed by the prospective employer
who would be supervising the student licensee.
Such plan would be required to include note less
than four hours of supervision per month and not
fewer than two supervision meetings per month,
with a maximum of two hours per month being in
group supervision;
● Satisfied the BSRB that the applicant is a person
who merits the public trust;
● Reached at least 20 years of age; and
● Paid the required fee.
A student temporary addiction counselor license would
be valid for 24 months and be eligible for renewal for an
additional 24 month period upon the showing of evidence of
the compliance with the educational plan. Any changes or
updates to the original educational plan would require the
signature of a representative of the higher education
institution, evidence of supervisory logs signed by both
student and supervisor, and payment of a required fee.
A student temporary addiction counselor licensee who
had practiced under the license would not be able to practice

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with a community-based license in any of these licenses:
professional counselor, social work, marriage and family
therapy, or psychology. Additionally, the bill would not permit a
person who practiced under a community-based license to
practice addiction counseling under a student temporary
addiction counselor license.
Practice environments. A holder of a student
temporary addiction counselor license could only practice in
one of the following named environments:
● A licensed or certified alcohol and other drug abuse
program;
● A certified community behavioral health clinic; or
● A community mental health center.
Supervision. Supervision may be provided by one of
the following types of practitioners who are licensed by the
BSRB:
● Addiction counselors;
● Master’s addiction counselors;
● Clinical addiction counselors;
● Master’s social workers;
● Specialist clinical social workers;
● Professional counselors;
● Clinical professional counselors;
● Marriage and family therapists;
● Clinical marriage and family therapists;
● Master’s level psychologists;
● Clinical psychotherapists; or
● Psychologists.


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Community-based Licensure
The bill would add a new temporary license for
professional counselors, social workers, marriage and family
therapists, and psychologists who are employed by
community mental health centers.
Under the bill, individuals would be able to apply to the
BSRB for community-based licensure, and this license would
be issued once the application was reviewed and approved
and the applicant has paid the set fee.
Community-based licenses would expire upon issuance
or denial of a general license or after 24 months. The license
would not be eligible for renewal. The licensee would not be
eligible to practice except under the supervision of a person
licensed by the BSRB to practice at an independent level.
A student temporary addiction counselor licensee who
had practiced under the license would not be able to practice
with a community-based license in any of these licenses:
professional counselor, social work, marriage and family
therapy, or psychology.
Additionally, the bill would not permit a person who
practiced under a community-based license to practice
addiction counseling under a student temporary addiction
counselor license.
Fees
The bill would authorize the BSRB to set fees for
community-based licenses. Fees for community-based
professional counselor licenses, community-based social
work licenses, and community-based marriage and family
therapist licenses, could be no more than $175. For
community-based psychologist licenses, the fee could be not
exceed $225.

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Background
The bill was introduced by the House Committee on
Health and Human Services at the request of Representative
Clifford on behalf of the BSRB.

House Committee on Health and Human Services
In the House Committee on Health and Human Services
hearing on February 13, 2023, proponent testimony was
provided by a representative of the BSRB, who stated the
objective of the bill was to assist in the public protection
mission of the agency and address other issues, including
workforce concerns. Representatives from the Association of
Community Mental Health Centers of Kansas; the Children’s
Alliance of Kansas; the Kansas Suicide Prevention
Headquarters; the National Association of Social Workers –
Kansas Chapter; the University of Saint Mary; and a private
citizen also provided proponent testimony primarily in support
of the changes but offered amendments for consideration.
Written-only proponent testimony was submitted by a
licensed clinical social worker and representatives of
Fresenius Medical Care; a member of the BSRB; and the
U.S. Department of Defense State Liaison Office.
A representative of Midland Care Connection provided
opponent testimony, stating the bill would require a different
amount of time for reciprocity for one license of social
workers and the added requirements regarding supervision
would negatively impact the process.
The House Committee amended the bill to:
● Reduce the number of continuing education hours
in diagnosis and treatment from six to three for
those licensees who diagnose and treat mental
disorders;

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● Remove a provision that would have required not
less than three hours of continuing education be
completed per renewal period on cultural diversity
topics;
● Reduce the credit hours in diagnosis and treatment
required for a specialist clinical social worker to
three hours in psychopathology;
● Add diagnostic impressions as type of professional
experience for a practicum for specialist clinical
social workers;
● Add a new section that provides a timeline for
processing applications by the BSRB and
provisions for an expedited application process;
● Remove a provision th