KS Psych Juris cheat sheet

The Kansas Behavioral Sciences Regulatory Board (BSRB) licenses psychologists under K.S.A. 74-5301 et seq.; the Board writes implementing rules in K.A.R. Article 26, including K.A.R. 102-26-1 through 102-26-17.

Licensure titles under K.S.A. 74-5361: "psychologist" and "psychological" are restricted; unlicensed persons may not use them or imply licensure, and a violation is a misdemeanor under K.S.A. 74-5366.

K.S.A. 74-5302 defines practice of psychology as rendering services to individuals, groups, organizations, or the public involving the application of principles, methods, and procedures of understanding, predicting, and influencing behavior.

Application requirements (K.S.A. 74-5310, K.A.R. 102-26-3): doctoral degree in psychology from a regionally accredited institution, supervised experience, and passing score on the EPPP plus the Kansas jurisprudence examination.

K.S.A. 74-5314 authorizes BSRB disciplinary action for grounds including fraud in obtaining a license, unprofessional conduct, conviction of a felony related to practice, and practicing while impaired.

K.A.R. 102-26-10 defines unprofessional conduct to include failing to maintain confidentiality, sexual intimacies with clients, and abandoning clients without referral or notice.

Continuing education: K.A.R. 102-26-9 requires 30 hours per two-year renewal cycle, including at least 3 hours in ethics and 2 hours in the diagnosis and treatment of mental disorders, with records retained.

K.S.A. 74-5315 provides that a BSRB license may be denied, revoked, suspended, limited, or censured after notice and hearing; the Kansas Administrative Procedure Act (K.S.A. 77-501 et seq.) governs the hearing process.

K.S.A. 74-5323 establishes the psychologist-client privilege in judicial proceedings, and K.S.A. 60-427 extends a patient-physician privilege framework that Kansas courts have applied to mental health treatment records.

Title protection rule: only a Kansas-licensed psychologist may call themselves a psychologist or describe services as psychological; "psychotherapist" and "counselor" are governed by other BSRB license types.

Exemptions under K.S.A. 74-5321 include psychologists employed by accredited academic institutions, federal employees, and students in supervised training, provided they do not hold out as licensed to the public.

Supervised experience toward licensure in Kansas requires a doctoral degree plus a specified period of postdoctoral supervised practice documented to BSRB; supervisors must hold an active Kansas license.

Kansas participates in PSYPACT; eligible licensed psychologists may obtain an E.Passport and practice telepsychology with clients located in other PSYPACT states under the Psychology Interjurisdictional Compact.

Telepsychology in Kansas requires compliance with K.A.R. 102-26-14: verify client location, confirm licensure authority in that jurisdiction, and maintain secure electronic communication.

Prescriptive authority: Kansas psychologists do not prescribe psychotropic medication; prescribing requires a separate medical license or a statutory pathway not currently available to Kansas psychologists.

Scope includes assessment, diagnosis, psychotherapy, consultation, and research; activities outside competence require supervision, consultation, or referral rather than independent practice.

K.S.A. 74-5311 permits BSRB to issue licenses by reciprocity or endorsement to applicants licensed in another jurisdiction with equivalent standards.

A person practicing psychology without a license commits a class B misdemeanor under K.S.A. 74-5366, and each day of unlicensed practice may be treated as a separate offense.

Kansas adopts the APA Ethical Principles of Psychologists and Code of Conduct (2017) by reference through K.A.R. 102-26-10, so APA Standard 3 (human relations) and Standard 10 (therapy) apply as enforceable Kansas rules.

Multiple relationship rule (APA 3.05): a psychologist refrains from entering a professional relationship if objectivity, competence, or effectiveness could be impaired or if exploitation or harm could result.

Sexual intimacies with current clients are prohibited absolutely (APA 10.08) and are independently unprofessional conduct under K.A.R. 102-26-10; the prohibition extends at least two years after termination.

Informed consent (APA 3.10, 10.01) requires explaining the nature and anticipated course of therapy, fees, involvement of third parties, and limits of confidentiality before services begin.

Competence rule (APA 2.01): psychologists provide services only within boundaries of competence based on education, training, supervised experience, consultation, or study, and must obtain training when expanding scope.

Assessment ethics (APA 9.01-9.11): use instruments with established validity and reliability for the population tested, obtain informed consent, and release test data only per APA 9.04.

Fees and bartering (APA 6.04, 6.05): fee arrangements are established as early as feasible, and bartering is permitted only when not clinically contraindicated and not exploitative.

Advertising and public statements (APA 5.01-5.02) must not be false, deceptive, or misleading; psychologists may not claim credentials they do not hold.

Ethics enforcement: complaints go to BSRB, which may investigate under K.S.A. 74-5314; APA ethics complaints are separate and do not substitute for the statutory process.

Kansas psychologist-client privilege (K.S.A. 74-5323) belongs to the client; the psychologist may assert it on the client's behalf unless the client waives it or a statutory exception applies.

Mandated reporting of child abuse or neglect: K.S.A. 38-2223 requires any person with reason to suspect injury, abuse, or neglect of a child to report to the Kansas Department for Children and Families or law enforcement.

Adult abuse reporting: K.S.A. 39-1430 et seq. (abuse of adults) and K.S.A. 39-2001 et seq. (abuse of residents of care facilities) impose reporting duties when a psychologist has reasonable cause to believe abuse occurred.

Duty to protect: Kansas follows the Tarasoff-derived framework, and K.S.A. 74-5323(d) permits disclosure to protect the client or others from a serious threat of harm, including warning the intended victim and notifying law enforcement.

Records retention: Kansas psychologists must retain clinical records for the period required by K.A.R. 102-26-11 and applicable law; records for minors are generally retained until the minor reaches majority plus the statutory period.

Informed consent for release of information must be written, specific as to recipient and purpose, time-limited, and revocable; disclosure without consent is limited to statutory exceptions such as court order or emergency.

Minors: K.S.A. 38-123 permits certain minors to consent to treatment for specified conditions, but general psychotherapy with a minor ordinarily requires parental or guardian consent unless an exception applies.

Court-ordered disclosures: a subpoena alone does not override privilege; the psychologist should seek client authorization or a court order and may assert privilege pending judicial determination.

Record content under K.A.R. 102-26-11 includes identifying information, dates of service, diagnosis, treatment plan, progress notes, and documentation of informed consent and releases.

BSRB jurisdiction: K.S.A. 74-5301 et seq. creates the Behavioral Sciences Regulatory Board; K.A.R. 102-26-1 through 102-26-17 implement psychologist licensure and discipline.

Title restriction: K.S.A. 74-5361 restricts use of "psychologist" and "psychological"; unlicensed use is a misdemeanor under K.S.A. 74-5366.

Licensure pathway: doctoral degree, supervised postdoctoral experience, EPPP pass, and Kansas jurisprudence exam, per K.S.A. 74-5310 and K.A.R. 102-26-3.

Discipline grounds: K.S.A. 74-5314 authorizes denial, revocation, suspension, limitation, or censure for unprofessional conduct, felony conviction, fraud, or impairment.

Unprofessional conduct defined in K.A.R. 102-26-10 includes confidentiality breaches, sexual intimacies with clients, and client abandonment.

CE requirement: 30 hours per two-year cycle under K.A.R. 102-26-9, with ethics and mental disorder diagnosis/treatment hours included.

Hearing procedure: K.S.A. 74-5315 actions follow the Kansas Administrative Procedure Act, K.S.A. 77-501 et seq., with notice and opportunity for hearing.

Privilege statute: K.S.A. 74-5323 establishes the psychologist-client privilege and its exceptions in Kansas judicial proceedings.

Only Kansas-licensed psychologists may use the title "psychologist"; other BSRB license types (counselor, social worker, MFT) have separate titles and scopes.

K.S.A. 74-5321 exemptions cover academic, federal, and supervised trainee settings so long as the person does not hold out as licensed to the public.

Postdoctoral supervised experience must be documented to BSRB and supervised by an actively licensed Kansas psychologist.

PSYPACT: Kansas psychologists may obtain an E.Passport to deliver telepsychology to clients in other PSYPACT states; verify client location each session.

K.A.R. 102-26-14 telepsychology rules require confirming licensure authority where the client is located and using secure communication.

Kansas psychologists do not have prescriptive authority; psychotropic prescribing requires a separate medical license.

Scope is bounded by competence: assessment, diagnosis, psychotherapy, consultation, and research are core; out-of-scope work requires supervision or referral.

K.S.A. 74-5311 allows licensure by reciprocity or endorsement for applicants licensed elsewhere with equivalent standards.

Unlicensed practice is a class B misdemeanor under K.S.A. 74-5366, and each day may count as a separate offense.

APA Ethics Code (2017) is incorporated by reference via K.A.R. 102-26-10, making its standards enforceable as Kansas regulations.

APA 3.05 multiple relationships: avoid relationships that could impair objectivity or risk exploitation or harm.

APA 10.08 and K.A.R. 102-26-10 prohibit sexual intimacies with current clients absolutely, and for at least two years post-termination.

APA 3.10 and 10.01 require informed consent covering nature of therapy, fees, third-party involvement, and confidentiality limits before services begin.

APA 2.01 competence rule: practice only within education, training, supervised experience, consultation, or study boundaries.

APA 9.01-9.11 assessment standards require valid, reliable instruments for the population and controlled release of test data.

APA 6.04-6.05: establish fees early; bartering only when not clinically contraindicated and not exploitative.

APA 5.01-5.02 prohibit false, deceptive, or misleading public statements and unearned credential claims.

BSRB investigates ethics complaints under K.S.A. 74-5314; APA ethics proceedings are separate and do not replace the statutory process.

K.S.A. 74-5323 privilege belongs to the client; the psychologist asserts it unless waived or an exception applies.

K.S.A. 38-2223 mandates reporting suspected child abuse or neglect to DCF or law enforcement by any person with reason to suspect.

K.S.A. 39-1430 et seq. and 39-2001 et seq. require reporting abuse of adults and care facility residents when there is reasonable cause to believe it occurred.

Duty to protect under K.S.A. 74-5323(d): disclosure permitted to protect the client or others from serious threat, including warning the victim and notifying law enforcement.

Records must be retained per K.A.R. 102-26-11 and applicable law; minor records are generally kept until majority plus the statutory period.

Releases of information must be written, specific as to recipient and purpose, time-limited, and revocable; other disclosures require statutory exception or court order.

K.S.A. 38-123 permits certain minors to consent to specified treatments, but general psychotherapy with a minor ordinarily requires parental consent unless an exception applies.

A subpoena does not by itself override privilege; the psychologist should seek authorization or a court order and may assert privilege pending judicial determination.

Record content under K.A.R. 102-26-11 includes identifying data, service dates, diagnosis, treatment plan, progress notes, and consent/release documentation.