Kan. Admin. Regs. § 102-3-1a - 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) "Board" means behavioral sciences regulatory
board.
(b) "Client " means a person who
is a direct recipient of professional counseling services.
(c) "Clinical professional counselor practice "
means the professional application of professional counseling theory and methods to
the treatment and prevention of psychosocial dysfunction, disability, or impairment,
including behavioral, emotional, and mental disorders. Clinical professional
counseling shall include the following:
(1)
Assessment;
(2) diagnosis of mental
disorders;
(3) planning and treatment,
which may include psychotherapy and counseling;
(4) treatment intervention directed to
interpersonal interactions, intrapsychic dynamics, and life management
issues;
(5) consultation ; and
(6) evaluation, referral, and
collaboration.
(d) "Clinical
supervision training plan " means a formal, written agreement that establishes the
supervisory framework for postgraduate clinical experience and describes the
expectations and responsibilities of the supervisor and the supervisee.
(e) "Consultation " means a voluntary, professional
relationship in which the consultant offers the consultant's best advice and
expertise that the consultee can either accept or reject and in which the objectives
and requirements of supervision as established in
K.A.R.
102-3-7a are lacking. Consultation shall not be
substituted for professional counseling supervision .
(f) "Continuing education " means formally
organized programs or activities that are designed to and have content intended to
enhance the professional counselor's or clinical professional counselor's knowledge,
skill, values, ethics, and ability to practice as a professional counselor or as a
clinical professional counselor.
(g)
"Direct client contact " means the provision of professional counseling 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 .
(h) "Dual relationship " means a
professional relationship in which the objectivity or competency of the licensee is
impaired or compromised because of any of the following present or previous
relationships with the client or supervisee:
(1)
Familial;
(2) sexual;
(3) emotional; or
(4) financial.
(i) "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.
(j) "Job
orientation " and "on-the-job training " mean a training program or presentation of
information that is so specific to a particular job or employment position that it
bears no generalization to any other work setting.
(k) "Malfeasance " means doing an act that a
licensee should not do.
(l) "Merits the
public trust " means that an applicant or licensee possesses the high standard of
good moral character and fitness that is required to practice professional
counseling as demonstrated by the following personal qualities:
(1) Good judgment;
(2) integrity;
(3) honesty;
(4) fairness;
(5) credibility;
(6) reliability;
(7) respect for others;
(8) respect for the laws of the state and
nation;
(9) self-discipline;
(10) self-evaluation;
(11) initiative; and
(12) commitment to the professional counseling
profession and its values and ethics.
(m) "Misfeasance " means the improper performance
of a lawful act by a licensee.
(n)
"Nonfeasance " means the omission of an act that a licensee should do.
(o) "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.
(p) "One year
of professional experience " means a total of 1,500 clock-hours of postgraduate
supervised experience in professional counseling.
(q) "Practice setting " means any public or private
counseling service agency or delivery system within which professional counseling is
practiced or professional counseling services are delivered.
(r) "Practicum " and "internship " mean a formal
component of an academic curriculum in the professional counseling program that
engages the student in supervised, professional counseling practice and provides
opportunities to apply classroom learning to actual practice situations in a field
setting.
(s) "Professional counseling
supervision " means a formal relationship between the supervisor and supervisee that
promotes the development of responsibility, skill, knowledge, attitudes, and ethical
standards in the practice of professional counseling.
(t) "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 counseling courses audited or taken
for credit.
(u) "Quarter
credit hour " means two-thirds of a semester hour . Quarter credit hours shall be
rounded as follows:
(1) One quarter credit hour
equals .7 semester hours.
(2) Two
quarter credit hours equal 1.3 semester hours.
(3) Three quarter credit hours equal 2.0 semester
hours.
(4) Four quarter credit hours
equal 2.7 semester hours.
(5) Five
quarter credit hours equal 3.3 semester hours.
(v) "Related field " means a degree program in the
helping professions and may include any of the following:
(1) Education;
(2) human development and family
studies;
(3) marriage and family
therapy;
(4) psychology;
(5) social work; or
(6) theology.
(w) "Semester hour ," as used in
K.A.R.
102-3-3a, means at least 13 clock-hours of formal
didactic classroom instruction that occurred over the course of an academic semester
and for which the applicant received formal graduate academic credit.
(x) "Termination of the professional counseling
relationship " means the end of the professional relationship resulting from any of
the following:
(1) The mutual consent of the
counselor and the client ;
(2) the
completion of counseling services;
(3)
dismissal of the counselor by the client ;
(4) dismissal of the client by the counselor;
or
(5) the transfer of the client to
another professional for active treatment or therapy with the belief that treatment
will continue.
(y) "Under
direction " means the formal relationship between the individual providing direction
and the licensed professional counselor in which both of the following conditions
are met:
(1) 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:
(A) Professional monitoring and oversight of the
professional counseling services provided by the licensee;
(B) regular and periodic evaluation of treatment
provided to clients by the licensee; and
(C) verification that direction was provided to
the licensee.
(2) The
licensee receiving direction provides the board with the following for each license
renewal:
(A) The name, identifying information, and
type of license of the directing individual;
(B) a description of the work setting and the
professional counseling services conducted under direction ; and
(C) documentation that direction was given,
including dates, location, and length of time as verified by the directing
individual.
(z)
"Undue influence " means the misuse of one's professional position of confidence,
trust, or authority over a client or supervisee or the taking advantage of a
client 's vulnerability, weakness, infirmity, or distress for either of the following
reasons:
(1) To improperly influence or change the
actions or decisions of a client or supervisee; or
(2) to exploit a client or supervisee for the
counselor's or a third party's financial gain, personal gratification, or
advantage.
Notes
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