Kan. Admin. Regs. § 102-2-1a - Definitions
Each of the following terms, as used in this article of the board's regulations, shall have the meaning specified in this regulation:
(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, any approved provider 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 practice 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. 656319, 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 the provision of
social work services to a client or clients in an individual, family, or group
format with interaction being conducted in person or remotely with real-time,
two-way interactive audio, visual, or audiovisual communications, including the
application of videoconferencing, in which confidentiality is protected. Interaction
that includes electronic mail, instant messaging, texting, or facsimile shall not be
considered direct client contact.
(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 any
condition or situation caused by events beyond a person's control that is
sufficiently extreme in nature to result in either of the following:
(1) The person's inability to comply with the
requirements of this regulation; or
(2)
the inadvisability of requiring the person to comply with the requirements of this
regulation.
(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) "One hour"
means either of the following:
(1) One period of
50-60 continuous minutes; or
(2) two
periods of 25-30 continuous minutes each.
(u) "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.
(v) "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.
(w) "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.
(x) "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.
(y) "Single-program provider status" means that
the provider has been granted approval to offer a specific continuing education
program.
(z) "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 subsection (bb)
and K.A.R.
102-2-8 are lacking. Social work consultation
shall not be substituted for supervision.
(aa) "Social work practice specialty" means a
postgraduate practice with emphasis upon a specific, identifiable field of
practice.
(bb) "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.
(cc) "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 that
services will continue.
(dd)
(1) "Under 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.
(ee) "Undue influence" means the misuse of one's
professional position of confidence, trust, or authority or the 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.
Notes
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No prior version found.