reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 53 - Regulation Of Psychologists › 74-5361 Definitions.

74-5361. Definitions.
As used in the licensure of master's level psychologists act:
(a) "Board" means the behavioral sciences regulatory board created by K.S.A. 74-7501, and amendments thereto.
(b) "Extenuating circumstances" means any condition or situation caused by events beyond an individual's control that is sufficiently extreme in nature to result in the:
(1) Individual's inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with requirements.
(c) "Licensed clinical psychotherapist" means a person licensed by the board under the licensure of master's level psychologists act who engages in the independent practice of master's level psychology, including the diagnosis and treatment of 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.
(d) "Licensed master's level psychologist" means a person licensed by the board under the provisions of the licensure of master's level psychologists act.
(e) "Master's level psychology" means the practice of psychology pursuant to the restrictions set out in K.S.A. 74-5362, and amendments thereto, and includes the diagnosis and treatment of mental disorders as authorized under K.S.A. 74-5361 et seq., and amendments thereto.
(f) "Practice of psychology" means the same as defined in K.S.A. 74-5302, and amendments thereto.
History:
L. 1987, ch. 306, § 1; L. 1996, ch. 153, § 31; L. 1997, ch. 142, § 3; L. 1999, ch. 117, § 29; L. 2016, ch. 92, § 70; L. 2023, ch. 90, § 34; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 53 - Regulation Of Psychologists › 74-5362 Practice of licensed master's level psychologist; direction of certain persons; use of title.

74-5362. Practice of licensed master's level psychologist; direction of certain persons; use of title.
(a) Any person who is licensed under the provisions of this act as a licensed master's level psychologist shall have the right to practice psychology so long as such practice is under the direction of a licensed clinical psychotherapist, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders. When a client has symptoms of a mental disorder, a licensee under the licensure of master's level psychologists act 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 master's level psychologist may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(b) A licensed master's level psychologist may use the title licensed master's level psychologist and the abbreviation LMLP but may not use the title licensed psychologist or psychologist. A licensed clinical psychotherapist may use the title licensed clinical psychotherapist and the abbreviation LCP but may not use the title licensed psychologist or psychologist.
History:
L. 1987, ch. 306, § 2; L. 1988, ch. 304, § 6; L. 1996, ch. 153, § 32; L. 1997, ch. 142, § 1; L. 1999, ch. 117, § 30; L. 2016, ch. 92, § 71; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 53 - Regulation Of Psychologists › 74-5367 Temporary license; requirements; expiration; renewal; fees; denial, suspension or revocation.

74-5367. Temporary license; requirements; expiration; renewal; fees; denial, suspension or revocation.
(a) The board may issue a temporary master's level psychology license to practice as a licensed master's level psychologist to any person who pays a nonrefundable fee prescribed by the board under this section and who meets all the requirements for licensure under K.S.A. 74-5361 et seq., and amendments thereto, as a licensed master's level psychologist except the requirement of postgraduate supervised work experience or passing the licensing examination, or both.
(b) Absent extenuating circumstances approved by the board, a temporary master's level psychology license issued by the board shall expire upon the date the board issues or denies a license to practice master's level psychology or 24 months after the date of issuance of the temporary master's level psychology license. No temporary master's level psychology license issued by the board shall be renewed or issued again on any subsequent applications for the same license level. This subsection shall not limit the number of times an applicant may take the examination.
(c) The board may fix a fee for the application of the temporary master's level psychology license. The application fee shall not exceed $100. Any such fee shall be established by rules and regulations adopted by the board.
(d) A person practicing master's level psychology with a temporary master's level psychology license shall not use the title "licensed master's level psychologist" or the initials "LMLP" independently. The word "licensed" may be used only when followed by the words "by temporary license" such as licensed master's level psychologist by temporary license, or master's level psychologist licensed by temporary license.
(e) No person shall work under a temporary master's level psychology license except under the supervision of a person licensed to practice psychology or master's level psychology in Kansas.
(f) The application for a temporary master's level psychology license may be denied or a temporary master's level psychology license that has been issued may be suspended or revoked on the same grounds as provided for suspension or revocation of a license under K.S.A. 74-5369, and amendments thereto.
(g) Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary license shall be subject to the provisions of this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the license as provided under this section at the time of issuance of such temporary license.
History:
L. 1987, ch. 306, § 7; L. 1996, ch. 153, § 37; L. 1998, ch. 163, § 6; L. 1999, ch. 108, § 7; L. 2006, ch. 61, § 5; L. 2016, ch. 92, § 74; L. 2023, ch. 90, § 38; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 53 - Regulation Of Psychologists › 74-5367a Temporary permit; requirements; fees; expiration, extension.

74-5367a. Temporary permit; requirements; fees; expiration, extension.
(a) Upon written application and board approval, an individual who is licensed to engage in the independent clinical practice of masters level psychology at the clinical level in another jurisdiction, who is in good standing in that other jurisdiction and who has engaged in the clinical practice of masters level psychology in that jurisdiction for at least two years immediately preceding application may engage in the independent practice of clinical masters level psychology as provided by K.S.A. 74-5361 et seq., and amendments thereto, in this state for not more than 30 days per year upon receipt of a temporary permit to practice issued by the board. Such individual engaging in such practice in this state shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(b) Any clinical masters level psychology services rendered within any 24-hour period shall count as one entire day of clinical masters level psychology services.
(c) The temporary permit to practice shall be effective on the date of approval by the board and shall expire one year after issuance. Upon written application not later than 30 days before the expiration of a temporary permit and under emergency circumstances, as defined by the board, the board may extend the temporary permit for not more than one additional year. Such extended temporary permit shall authorize the individual to practice in this state for an additional 30 days during the additional year. Such individual engaging in such practice shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(d) The board may charge a fee of a maximum of $200 for a temporary permit to practice and a fee of a maximum of $200 for an extension of a temporary permit to practice as established by rules and regulations of the board.
(e) A person who holds a temporary permit to practice clinical masters level psychology in this state shall be deemed to have submitted to the jurisdiction of the board and shall be bound by the statutes and regulations that govern the practice of clinical masters level psychology in this state.
(f) In accordance with the Kansas administrative procedure act, the board may issue a cease and desist order or assess a fine of up to $1,000 per day, or both, against a person licensed in another jurisdiction who engages in the independent practice of clinical masters level psychology in this state without complying with the provisions of this section.
(g) This act shall be a part of and supplemental to the licensure of masters level psychologists act.
History:
L. 2007, ch. 13, § 6; L. 2021, ch. 88, § 31; May 6.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 53 - Regulation Of Psychologists › 74-5370 Rules and regulations.

74-5370. Rules and regulations.
The board may adopt rules and regulations to administer the provisions of the licensure of master's level psychologists act.
History:
L. 1987, ch. 306, § 10; L. 2016, ch. 92, § 76; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 53 - Regulation Of Psychologists › 74-5371 Prohibited acts and representations; misdemeanor.

74-5371.
Prohibited acts and representations; misdemeanor.
(a) No person shall engage in the practice of masters level psychology or represent oneself as a licensed masters level psychologist or use the abbreviation LMLP or use any word, letter, signs, figures or devices to indicate that such person using the same is a licensed masters level psychologist unless such person holds a valid license as a licensed masters level psychologist.
(b) No person shall engage in the independent practice of masters level psychology or represent oneself as a licensed clinical psychotherapist or use the abbreviation LCP or use any word, letter, signs, figures or devices to indicate that such person using the same is a licensed clinical psychotherapist unless such person holds a valid license as a licensed clinical psychotherapist.
(c) A violation of this section is a class C misdemeanor.
History:
L. 1987, ch. 306, § 11; L. 1988, ch. 304, § 8; L. 1996, ch. 153, § 39; L. 1999, ch. 117, § 35; July 1, 2000.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 53 - Regulation Of Psychologists › 74-5372 Confidential communications; exceptions.

74-5372.
Confidential communications; exceptions.
(a) The confidential relations and communications between a licensed masters level psychologist and such psychologist's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.
(b) The confidential relations and communications between a licensed clinical psychotherapist and such psychotherapist's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.
(c) Nothing in this section or in this act shall be construed to prohibit any licensed masters level psychologist or licensed clinical psychotherapist from testifying in court hearings concerning matters of adult abuse, adoption, child abuse, child neglect, or other matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors, or both, on behalf of the client. There is no privilege under this section for information which is required to be reported to a public official.
History:
L. 1988, ch. 304, § 9; L. 1996, ch. 153, § 40; L. 1999, ch. 117, § 36; July 1, 2000.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 53 - Regulation Of Psychologists › 74-5373 Construction of act.

74-5373.
Construction of act.
Nothing in the master's level psychology statutes shall be construed to apply to the activities and services of qualified members of other professional groups including, but not limited to, attorneys, physicians, psychologists, marriage and family therapists, professional counselors, registered nurses, social workers, rabbis, priests, ministers, or clergy persons, including Christian Science practitioners, performing services consistent with the laws of this state, their training, and the code of ethics of their profession, so long as they do not represent themselves as being a master's level psychologist.
History:
L. 1996, ch. 153, § 41; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 53 - Regulation Of Psychologists › 74-5374 Disclosure to client at beginning of client-therapist relationship; documentation.

74-5374.
Disclosure to client at beginning of client-therapist relationship; documentation.
A licensee under K.S.A. 74-5361 et seq. and amendments thereto, at the beginning of a client-therapist relationship, shall inform the client of the level of such licensee's training and the title or titles and license or licenses of such licensee. As a part of such obligation, such licensee shall disclose whether such licensee has a masters degree or a doctoral degree. If such licensee has a doctoral degree, such licensee shall disclose whether or not such doctoral degree is a doctor of medicine degree or some other doctoral degree. If such licensee does not have a medical doctor's degree, such licensee shall disclose that the licensee is not authorized to practice medicine and surgery and is not authorized to prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain mental disorders can have medical or biological origins, and that the client should consult with a physician. Documentation of such disclosures to a client shall be made in the client's record.
History:
L. 1999, ch. 117, § 31; July 1, 2000.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 53 - Regulation Of Psychologists › 74-5375 Licensure as master's level psychologist or clinical psychotherapist registered, certified or licensed in another jurisdiction.

74-5375. Licensure as master's level psychologist or clinical psychotherapist registered, certified or licensed in another jurisdiction.
(a) The behavioral sciences regulatory board may issue a license to an individual who is currently registered, certified or licensed to practice psychology at the master's level in another jurisdiction if the board determines that:
(1) The standards for registration, certification or licensure to practice psychology at the master's level in the other jurisdiction are substantially equivalent to the requirements of this state; or
(2) the applicant demonstrates, on forms provided by the board, compliance with the following standards adopted by the board:
(A) Registration, certification or licensure to practice psychology at the master's level with a similar scope of practice for at least 12 months immediately preceding the application;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) at least a master's degree in psychology from a regionally accredited university or college.
(b) Applicants for licensure as a clinical psychotherapist shall additionally demonstrate competence to diagnose and treat mental disorders through meeting the requirements of either subsection (a)(1) or (a)(2) and at least two of the following areas acceptable to the board:
(1) Either graduate coursework as established by rules and regulations of the board or passing a national clinical examination approved by the board;
(2) three years of clinical practice with demonstrated experience in diagnosing or treating mental disorders; or
(3) attestation from a professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery, stating that the applicant is competent to diagnose and treat mental disorders.
(c) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 74-5365, and amendments thereto, if required by the board. Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall pay the license fee as provided in K.S.A. 74-5365, and amendments thereto.
History:
L. 2003, ch. 129, § 1; L. 2016, ch. 92, § 77; L. 2019, ch. 55, § 23; L. 2023, ch. 90, § 39; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 53 - Regulation Of Psychologists › 74-5376 Citation of act.

74-5376. Citation of act.
K.S.A. 74-5361 through 74-5375, and amendments thereto, and K.S.A. 2023 Supp. 74-5377, and amendments thereto, shall be known and may be cited as the licensure of master's level psychologists act.
History:
L. 2007, ch. 13, § 5; L. 2016, ch. 92, § 78; L. 2019, ch. 55, § 24; May 9.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 53 - Regulation Of Psychologists › 74-5377 Provisional licensure as master's level psychologist; remedial requirements prescribed by board; professional title.

74-5377. Provisional licensure as master's level psychologist; remedial requirements prescribed by board; professional title.
(a) If, in evaluating any applicant for licensure as a master's level psychologist, the board finds that the applicant is deficient in the qualifications or in the quality of the applicant's educational experience required by K.S.A. 74-5363 or 74-5375, and amendments thereto, as applicable, or by rules and regulations adopted by the board, the board may require the applicant to fulfill remedial or other requirements, as the board may prescribe.
(b) A person who is completing requirements prescribed by the board under subsection (a) may apply to the board for a provisional license as a master's level psychologist on a form and in a manner prescribed by the board. The board may issue a provisional license to practice master's level psychology. A provisional license shall expire upon the earlier of the date that the board issues or denies a license to practice master's level psychology or 12 months after the date of issuance of the provisional license. No provisional license shall be renewed, and no provisional license shall be issued again, upon any subsequent application for the same license level.
(c) A person practicing master's level psychology with a provisional license may not use the title "licensed master's level psychologist" or "licensed clinical psychotherapist" or the initials "LMLP" or "LCP," independently. The word "licensed" may be used by such person only when preceded by the word "provisional."
History:
L. 2019, ch. 55, § 4; May 9.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 54 - Antiquities Commission › 74-5401 Definitions.

74-5401.
Definitions.
As used in this act:
(a) "Antiquities" means historic or prehistoric ruins and other archeological sites, including evidence of such features as constructions or inscriptions by human agency or other evidence of human activity having antiquity but not including any unmarked burial site subject to the provisions of the Kansas unmarked burial sites preservation act.
(b) "Commission" means the antiquities commission created by this act.
History:
L. 1967, ch. 433, § 1; L. 1989, ch. 234, § 16; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 54 - Antiquities Commission › 74-5402 Establishment; composition; secretary; compensation and expenses.

74-5402.
Establishment; composition; secretary; compensation and expenses.
There is hereby established a Kansas antiquities commission, to be composed of the following persons or their designated representatives: The secretary of the state historical society, who shall be the chairman thereof; the heads of the departments of anthropology of the university of Kansas, Kansas state university and Wichita state university; and the state archeologist on the staff of the state historical society, who shall be the secretary of the commission. Members of the Kansas antiquities commission attending meetings of such commission, or attending a subcommittee meeting thereof authorized by such commission, shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223.
History: L. 1967, ch. 433, § 2; L. 1974, ch. 348, § 78; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 54 - Antiquities Commission › 74-5403 Certain acts prohibited without authorization.

74-5403.
Certain acts prohibited without authorization.
(a) Except as provided by subsection (b), no individual, institution or corporation shall excavate in, remove material from, vandalize or deface any site or area described in K.S.A. 74-5401 and amendments thereto, on lands belonging to or controlled by the state of Kansas or any agency thereof, or to any county or municipality in the state, or on lands in which a qualified agency is conducting scientific archeological investigations, without specific authorization pursuant to a permit granted under K.S.A. 74-5404, and amendments thereto.
(b) If, in the opinion of the commission or the commission's designee, any survey, excavation or construction is necessary to prevent the immediate threat to the life or health of persons near a site or area described in K.S.A. 74-5401, and amendments thereto, the commission or the commission's designee may authorize such survey, excavation or construction without issuing a permit under K.S.A. 74-5404, and amendments thereto.
History:
L. 1967, ch. 433, § 3; L. 1999, ch. 121, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 54 - Antiquities Commission › 74-5404 Permits; written request, requirements.

74-5404.
Permits; written request, requirements.
Permits may be granted by the commission, through its secretary, under such limitations and for such periods of time as he may determine, to educational or research institutions, public museums or nonprofit corporations organized for scientific and research purposes. They may be authorized to excavate, remove materials, or otherwise scientifically investigate by recognized professional techniques if, in the opinion of the commission, they have the professional staff and the laboratory, storage and/or museum display facilities to make available to the public the professional knowledge gained and to preserve permanently all objects, photographs and other records of their investigations in public repositories under their own supervision or control. Permits may be issued only after approval of a formal written request detailing the purposes of the proposed investigation, the location in which it is to be conducted, the sponsoring agency, and the professional personnel to be in charge.
History:
L. 1967, ch. 433, § 4; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 54 - Antiquities Commission › 74-5405 Agencies authorized ipso facto to conduct scientific investigations.

74-5405.
Agencies authorized ipso facto to conduct scientific investigations.
Agencies represented by the members of the commission shall ipso facto have permission to conduct scientific investigations, and other official agencies of the state of Kansas which employ a specifically entitled archeological research staff and which have facilities for laboratory and storage and for publications of scientific reports shall also have such ipso facto permission.
History:
L. 1967, ch. 433, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 54 - Antiquities Commission › 74-5406 Artifacts and materials recovered to be submitted to historical society, when.

74-5406.
Artifacts and materials recovered to be submitted to historical society, when.
Artifacts and other materials recovered from such scientific investigations, if and when they are not needed or are no longer desired for retention by the original investigating agency, shall be submitted to the state historical society for preservation if the society so desires.
History:
L. 1967, ch. 433, § 6; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 54 - Antiquities Commission › 74-5407 Reports of discoveries; preservation.

74-5407.
Reports of discoveries; preservation.
It shall be the responsibility of any person in charge of any survey, excavation or construction on any of the above defined lands, and he is hereby required, to report discoveries of objects, ruins or other antiquities to the secretary of the commission or, in the informant's discretion, to one of the other members of the commission. The reporting official shall take all reasonable precautions to preserve the discovery until it can be investigated by the commission or its designated agent.
History:
L. 1967, ch. 433, § 7; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 54 - Antiquities Commission › 74-5408 Penalties for violations of act.

74-5408.
Penalties for violations of act.
Any person, institution or corporation violating any provision of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500) or imprisonment not to exceed six (6) months, or both. All material collected from the site by a convicted offender shall be delivered to the Kansas state historical society.
History:
L. 1967, ch. 433, § 8; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 55 - Developmental Disability Agencies › 74-5501 State council on developmental disabilities; establishment; membership.

74-5501.
State council on developmental disabilities; establishment; membership.
(a) There is hereby established the state council on developmental disabilities which shall consist of not less than 18 members. The membership of the council shall at all times include representatives of the state entities that administer funds provided under federal laws related to individuals with disabilities, including the rehabilitation act of 1973 (29 U.S.C. 701 et seq.), the individuals with disabilities education act (20 U.S.C. 1400 et seq.), the older americans act of 1965 (42 U.S.C. 3001 et seq.), and titles V (42 U.S.C. 701 et seq.) and XIX of the social security act (42 U.S.C. 1396 et seq.), and centers in the state, the state protection and advocacy system, local agencies, and nongovernmental agencies and private nonprofit groups concerned with services to persons with developmental disabilities. The council shall be appointed by the governor who shall make appropriate provisions for the rotation of membership on the council and shall on July 1 of each year designate one member to be chairperson for the following year.
(b) At least 60% of the membership of the state council shall consist of persons who are:
(1) Persons with developmental disabilities or parents or guardians of such persons; or
(2) Immediate relatives or guardians of persons with mentally impairing developmental disabilities and who are not (A) employees of a state agency which receives funds or provides services under the federal rehabilitation act, or (B) managing employees (as defined in 42 U.S.C. 1320a-5 in effect on the effective date of this act) of any other entity which receives funds or provides services under the federal rehabilitation act of 1973 (29 U.S.C. 701 et seq.), as amended.
(c) Of the members of the state council described in subsection (b):
(1) At least one-third shall be persons with developmental disabilities; and
(2) At least one-third shall be individuals described in paragraph (2) of subsection (b), and at least one of such individuals shall be an immediate relative or guardian of an institutionalized person with a developmental disability, or shall be an individual with a developmental disability who resides or previously resided in an institution.
History:
L. 1967, ch. 480, § 1; L. 1972, ch. 310, § 1; L. 1979, ch. 254, § 1; L. 2002, ch. 197, § 2; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 55 - Developmental Disability Agencies › 74-5502 State council on developmental disabilities; powers and duties; legislative recommendations; cooperation by state agencies.

74-5502. State council on developmental disabilities; powers and duties; legislative recommendations; cooperation by state agencies.
(a) The state council shall:
(1) Study the problems of prevention, education, rehabilitation and other programs affecting the general welfare of the developmentally disabled.
(2) Monitor, review and evaluate, at least annually, the implementation of the state plan for developmental disabilities.
(3) Review and comment, to the maximum extent feasible, on all state plans in the state which relate to programs affecting persons with developmental disabilities.
(4) Submit to the secretary of health and human services, through the governor, such periodic reports on its activities as the secretary of health and human services may reasonably request and keep such records and afford such access thereto as the secretary of health and human services finds necessary to verify such reports. In accordance with federal laws, the state plan for developmental disabilities shall be prepared jointly by the division of the Kansas department for aging and disability services that is responsible for programs for developmental disabilities and the state council.
(5) Study the various state programs for the developmentally disabled and shall have power to make suggestions and recommendations to the various state departments for the coordination and improvements of such programs.
(b) The council may make proposed legislative recommendations having as a function the more efficient, economic and effective realization of intent, purpose and goal of the various programs for the developmentally disabled.
(c) Each state agency represented by membership on the council is hereby authorized to furnish such information, data, reports and statistics requested by the council.
History:
L. 1967, ch. 480, § 2; L. 1972, ch. 310, § 2; L. 1979, ch. 254, § 2; L. 1995, ch. 234, § 19; L. 2002, ch. 197, § 3; L. 2014, ch. 115, § 304; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 55 - Developmental Disability Agencies › 74-5503 Same; meetings; reports.

74-5503.
Same; meetings; reports.
The state council shall conduct quarterly meetings and additional meetings deemed necessary, keep minutes and send a copy thereof to the governor and all participating state agencies and members. The council shall report regularly to the governor, the legislature, and various other state agencies and organizations working with the developmentally disabled on progress of programs throughout the state.
History:
L. 1967, ch. 480, § 3; L. 1972, ch. 310, § 3; L. 1979, ch. 254, § 3; L. 2002, ch. 197, § 4; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 55 - Developmental Disability Agencies › 74-5504 Same; compensation, allowances and expenses.

74-5504.
Same; compensation, allowances and expenses.
Members of the state council on developmental disabilities attending meetings of such council, or attending a subcommittee meeting thereof authorized by such council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto.
History:
L. 1972, ch. 310, § 4; L. 1974, ch. 348, § 79; L. 1975, ch. 416, § 12; L. 1979, ch. 254, § 4; L. 2002, ch. 197, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 55 - Developmental Disability Agencies › 74-5505 Department for aging and disability services to receive and administer funds under federal developmental disabilities assistance and bill of rights act.

74-5505. Department for aging and disability services to receive and administer funds under federal developmental disabilities assistance and bill of rights act.
The division of the Kansas department for aging and disability services that is responsible for programs for developmental disabilities is hereby designated as the agency to receive and administer federal funds under the federal developmental disabilities assistance and bill of rights act, 42 U.S.C. §§ 6000 et seq., as amended. The state plan for developmental disabilities shall provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds paid to the state under such act.
History:
L. 1972, ch. 310, § 5; L. 1979, ch. 254, § 5; L. 1995, ch. 234, § 20; L. 2002, ch. 197, § 6; L. 2014, ch. 115, § 305; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 55 - Developmental Disability Agencies › 74-5515 Access to certain records by developmental disabilities protection and advocacy agency; confidentiality of records; "records" defined.

74-5515.
Access to certain records by developmental disabilities protection and advocacy agency; confidentiality of records; "records" defined.
(a) The agency designated as the developmental disabilities protection and advocacy agency pursuant to P.L. 94-103, as amended, and P.L. 99-319, as amended, shall have access to records of:
(1) Any developmentally disabled or mentally ill person who is a client of the agency and has authorized access or if such person's legal guardian, conservator or other legal representative has authorized such access.
(2) Any developmentally disabled or mentally ill person, including a person who has died or whose whereabouts is unknown, whose physical or mental condition will not allow such person to grant the agency authorization to access if:
(A) A complaint has been received by the agency from or on behalf of such person or there is probable cause to believe, as a result of monitoring or other activities, that such person has been subject to abuse or neglect; and
(B) such person does not have a legal guardian, conservator or other legal representative, or the state or a designee of the state is the legal guardian of such person.
(3) Any person with a developmental disability who has a legal guardian, conservator or other legal representative with respect to whom a complaint has been received by the agency or with respect to whom there is probable cause to believe the health or safety of the individual is in serious and immediate jeopardy whenever:
(A) Such representative has been contacted by the agency upon receipt of the name and address of such representative;
(B) the agency has offered assistance to such representative to resolve the situation; and
(C) such representative has failed or refused to act on behalf of the person.
(b) The agency shall maintain the confidentiality of any records it obtains under this section to the same extent as is required by the facility, agency, person or other entity from which such records are obtained.
(c) As used in this section, "records" include reports prepared by any staff of a facility rendering care and treatment or reports prepared by an agency charged with investigating reports of incidents of abuse, neglect, injury or death occurring at such facility that describe incidents of abuse, neglect, injury or death occurring at such facility, and the steps taken to investigate such incidents, and discharge planning records.
History:
L. 1985, ch. 269, § 2; L. 1988, ch. 305, § 2; L. 1991, ch. 240, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 56 - Law Enforcement Training Center; Commission On Peace Officers' Standards And Training › 74-5601 Citation of act.

74-5601. Citation of act.
The provisions of article 56 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, shall be known and be cited as the Kansas law enforcement training act.
History:
L. 1968, ch. 81, § 1; L. 1982, ch. 322, § 8; L. 1983, ch. 256, § 6; L. 1995, ch. 180, § 6; L. 2012, ch. 89, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 56 - Law Enforcement Training Center; Commission On Peace Officers' Standards And Training › 74-5604a Extension of program; certification of schools; part-time officer training; pretraining evaluation; rejection of applicant.

74-5604a.
Extension of program; certification of schools; part-time officer training; pretraining evaluation; rejection of applicant.
(a) The director of police training may establish a program for extending the law enforcement training and instruction throughout the state on a regional basis. The director of police training also may certify annually the training schools of state and local law enforcement agencies providing a course of law enforcement training for full-time police officers or law enforcement officers when such training programs satisfy the qualifications and standards promulgated by the director of police training after approval of the commission and when such programs satisfy a demonstrated training need not met by existing programs. The director of police training shall establish a course in basic law enforcement training for part-time police officers or law enforcement officers, approved by the commission, to be provided at the training center and certified state and local law enforcement training schools. In addition, after the general election of each election year and prior to January 1 of the next succeeding year, and at such other times as the director of police training deems necessary, the director of police training shall commence a training course for persons elected to the office of sheriff at the preceding general election.
(b) The director of police training shall conduct a pretraining evaluation of applicants for admission to the course for law enforcement officers conducted by the training center or to any certified state or local law enforcement training school to assure that each applicant is qualified to serve as a law enforcement officer. The director of police training shall adopt minimum standards, which shall receive prior approval by the commission, to be considered in the pretraining evaluation. The director of police training shall advise the city, county or state agency, railroad, school district or community college authorizing the applicant to attend the training center or certified state or local law enforcement training school of the results of the pretraining evaluation. The director of police training, with approval of the commission, may reject an applicant to the training center who does not meet the minimum pretraining standards.
(c) Training courses conducted pursuant to this section may include procedures for law enforcement to follow when responding to an allegation of stalking.
History:
L. 1982, ch. 322, § 3; L. 1983, ch. 256, § 3; L. 1987, ch. 277, § 3; L. 1995, ch. 180, § 8; L. 2006, ch. 170, § 9; L. 2008, ch. 137, § 6; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 56 - Law Enforcement Training Center; Commission On Peace Officers' Standards And Training › 74-5608a Certification of persons completing training in other jurisdictions; waiver of courses.

74-5608a. Certification of persons completing training in other jurisdictions; waiver of courses.
(a) The commission may, in the exercise of discretion, award a certificate to any person who has been duly certified under the laws of another state or territory if, in the opinion of the director of police training, the requirements for certification in such other jurisdiction equal or exceed the qualifications required to complete satisfactorily the basic course of instruction at the training center.
(b) The commission may waive any number of the hours or courses required to complete the basic course of instruction at the training center, part-time school, reciprocity school or for the hours required for annual continuing education for any person who, in the opinion of the director of police training, has received sufficient training or experience that such hours of instruction would be, unless waived, unduly burdensome or duplicative.
History:
L. 1976, ch. 351, § 3; L. 1995, ch. 180, § 11; L. 1997, ch. 168, § 4; L. 2006, ch. 170, § 14; L. 2012, ch. 89, § 7; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 56 - Law Enforcement Training Center; Commission On Peace Officers' Standards And Training › 74-5609a Tuition; reimbursement of tuition.

74-5609a.
Tuition; reimbursement of tuition.
(a) The law enforcement training center is authorized to charge tuition for each railroad policeman, each employee of a tribal law enforcement agency, each horsethief reservoir benefit district law enforcement officer and each school law enforcement officer enrolled in a course at the training center. Such tuition shall not exceed the training center's average operating cost per trainee. Tuition charges authorized by this section shall cover the cost of room, board and all necessary instructional supplies and material for any railroad policeman or school law enforcement officer attending the law enforcement training center.
(b) Any city, county or state agency which commences employment of a police officer or law enforcement officer within one year of the time such police officer or law enforcement officer has completed a course of instruction at a state or local law enforcement training school shall reimburse the city, county or state agency which paid the tuition for training such officer. This reimbursement shall include the amount of the tuition paid, the officer's salary and travel expenses and any other expenses incurred which were incidental to training such officer.
History:
L. 1982, ch. 322, § 5; L. 1987, ch. 277, § 5; L. 1996, ch. 256, § 17; L. 2010, ch. 42, § 6; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 56 - Law Enforcement Training Center; Commission On Peace Officers' Standards And Training › 74-5611 Annual report to attorney general of persons attending training center.

74-5611.
Annual report to attorney general of persons attending training center.
The director of police training shall annually report to the attorney general of the state of Kansas the names of all persons who attended law enforcement training center during each training year.
History: L. 1975, ch. 157, § 2; L. 1995, ch. 180, § 12; L. 2006, ch. 170, § 15; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 56 - Law Enforcement Training Center; Commission On Peace Officers' Standards And Training › 74-5619 Law enforcement training center fund; Kansas commission on peace officers' standards and training fund.

74-5619. Law enforcement training center fund; Kansas commission on peace officers' standards and training fund.
(a) (1) There is hereby created in the state treasury the law enforcement training center fund. All moneys credited to such fund under the provisions of this act or any other law shall be expended only for the purpose and in the manner prescribed by law.
(2) All moneys received for assessments as provided pursuant to K.S.A. 74-5607, and amendments thereto, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the law enforcement training center fund.
(b) There is hereby created in the state treasury the Kansas commission on peace officers' standards and training fund. All moneys credited to such fund under the provisions of this act or any other law shall be expended only for the purpose of the operation of the commission to carry out its powers and duties as mandated by law. The director may apply for and receive public or private grants, gifts and donations of money for the commission. All moneys received from grants, gifts and donations shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas commission on peace officers' standards and training fund.
(c) The moneys credited to the funds created in subsections (a) and (b) shall be used for the purposes set forth in this section and for no other governmental purposes. It is the intent of the legislature that the moneys deposited in these funds shall remain intact and inviolate for the purposes set forth in this section.
(d) This section shall be part of and supplemental to the Kansas law enforcement training act.
History:
L. 1988, ch. 306, § 5; L. 2001, ch. 5, § 330; L. 2006, ch. 170, § 19; L. 2016, ch. 88, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 56 - Law Enforcement Training Center; Commission On Peace Officers' Standards And Training › 74-5620 Local law enforcement training reimbursement fund; expenditures.

74-5620. Local law enforcement training reimbursement fund; expenditures.
(a) There is hereby created in the state treasury the local law enforcement training reimbursement fund. All expenditures from the local law enforcement training fund shall: (1) Be distributed to municipalities which participated in local law enforcement training programs, certified by the commission, which existed prior to January 1, 1992, in accordance with a distribution formula developed by the commission; (2) not exceed more than 100% of the actual training costs incurred by the municipality in participating in the local law enforcement training program; and (3) be distributed for basic law enforcement training and not be for any type of continuing law enforcement training education programs. Such distribution formula shall provide that distribution be based on the number of individuals trained and the cost per individual trained of each such municipality. Any such distributions shall be reviewed on a year-to-year basis and adjusted accordingly pursuant to the criteria specified in this section. The commission shall conduct a review of all local law enforcement training programs in which municipalities receiving expenditures pursuant to this act are participating and shall require that all such law enforcement training programs report their costs in a standardized format prescribed by the commission. Expenditures from the local law enforcement training reimbursement fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the commission or by a person or persons designated by the commission.
(b) This section shall be part of and supplemental to the Kansas law enforcement training act.
History:
L. 1992, ch. 315, § 11; L. 2006, ch. 170, § 20; L. 2011, ch. 9, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 56 - Law Enforcement Training Center; Commission On Peace Officers' Standards And Training › 74-5621 Severability clause.

74-5621.
Severability clause.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 1995, ch. 180, § 15; July 1.