Governor Kelly Vetos Impacting Social Workers

Governor Kelly Vetos  

2023 Kansas Legislative Session

Governor Kelly line-item veto regarding a prohibition on licensure requirements concerning diversity, equity, inclusion and anti- racism .

HB 2184 included language prohibiting BSRB that licenses social workers from requiring any applicant for licensure to demonstrate familiarity with or support of any training, education, or instruction program that includes diversity, equity, inclusion, anti-racism or other related topics.

Governor Kelly line-item veto a provision in the Legislature’s budget that would’ve banned universities from asking faculty members, students and contractors about diversity, equity and inclusion, unless the DEI was thought to be relevant to the person’s field. 

The budget stipulated that applicants didn’t need to go through or demonstrate understanding of education and instruction programs for DEI, anti-racism or other related topics — except for equal opportunity protections against discrimination covered by state and federal law.

DEI-Higher education: The Legislature failed to override Gov. Laura Kelly’s veto of budget measure preventing state universities from asking job applicants about diversity, equity and inclusion failed to survive in the House. The House came up five votes short of overriding Gov. Laura Kelly’s veto of a budget proviso barring state universities from demanding job applicants to articulate their experience or commitment to diversity, equity and inclusion.

Interstate Licensing Compact Update

Interstate Licensing Compact Update: NASW supports changes to the Model Social Work Interstate Compact Bill under development following the convening of partnering organizations with the Council of State Governments.

NASW representatives left the meeting in good faith after collaboratively working with the Technical Assistance Group to craft the final draft of the compact legislation and are awaiting the final language modifications to confirm and validate the Association’s position related to the release of the Model Social Work Interstate Compact legislation. Based upon NASW representees’ feedback, the Association anticipates the following significant highlights to be part of the final draft, which will enhance the interest of our members and the social work profession at large:

• Increased flexibilities for states that may remove requirements for BSW and/or MSW Examinations to still allow social workers within their jurisdictions access to the Social Work Compact.

• Increased number of Ex-Officio Seats on the Social Work Interstate Compact Commission that will support increased stakeholder representation by partnering organizations as part of the governing body.

• The Commission will hold the authority to consider and adapt to alternative methods of measuring competency (in lieu of the use of an examination if so indicated).

According to a statement released by CSG after the meeting last week, the Model Social Work Compact Bill will be finalized and ready for state enactment by February 27, 2023. Seven states must enact the Model Social Work Compact Bill in its entirety before the Compact Commission and infrastructure necessary to implement it can be put in place.

NASW officials in a Case Management Today article explained that achieving an Interstate Licensing Compact for Social Work is a significant action that will give Social Workers greater practice mobility. But the process is also complicated.

Learn more here:

Gov. Kelly Signs Landmark Bill Impacting Mental Health Services, Salaries, and Licensing

We are thrilled to share that a bill that NASW Kansas identified as a priority bill and actively engaged in supporting via testimony and public awareness campaigns in 2020-2021 Legislative Session is now enacted in law.

On Thursday June 10, 2021, NASW - Kansas Chapter - Executive Director attended a press conference and ceremonial signing of House Bill 2208.  This Bill represents the most significant piece of state legislation since the Kansas Mental Health Reform Act of 1990.

Licensing Reforms Championed by KS Chapter

Key Statutory Changes:

Changes to Hour Requirement for Clinical Training Plan

The fields of master’s level psychology, professional counseling, marriage and family therapy, and addiction counseling followed the lead of Kansas NASW with statutory changes that KNASW championed for social workers and were passed in 2019.

• HB 2208 decreases the number of hours for the above professions of required post-graduate supervised work experience towards a clinical license, from 4,000 hours to 3,000 hours, and lowers the total number of required direct supervision hours from 150 hours to 100 hours

Expanded Authorization of Supervision by Televideo

HB 2208 authorizes that clinical supervision hours can be completed over televideo, rather than requiring hours to be in-person.

Clinical Social Work In-Person/Direct Client Contact Hours

HB 2208 strikes statutory language previously requiring 350 hours of direct-client, in-person contact practicum hours required for licensure as a clinical social worker. Kansas was the only state in the nation that required an additional 350 hours above and beyond every other state in the nation for the MSW clinical practicum for students seeking LSCSW licensure. This requirement exceeded the national standard required by the Council of Social Work Education and by licensing boards across the nation. MSW will still have to complete the hours required by the Council of Social Work Education.

• Going forward, there is not a licensing requirement for a specific number of in-person hours as a part of the clinical level - MSW social work practicum in order to meet the LSCSW licensure law. The Council of Social Work Education sets the accreditation standards for the hours required within the BSW and MSW practicum.

Increased Hours Allowed for Group Supervision in LSCSW Training Plan

Going forward at least 50 hours of supervision should be individual supervision and now 50 hours can be completed through group supervision. In addition - this change in law allows televideo supervision.

HB 2208 establishes Certified Community Behavioral Health Clinics

“This is the biggest change in mental health in Kansas in 30 years,” Representative Landwehr said. “That’s how big this is.” Thank you to the bi-partisan group of legislators working together that made this happen.

NASW Kansas Chapter joined other lawmakers and Gov. Laura Kelly today to celebrate the passage in April of House Bill 2208. The Bill also contains historic licensing reform changes that NASW-KS Chapter has fought for and was able to include in this Bill that will expand access to licensed social workers. Social workers working toward licensure will now be able use telehealth, telephonic, and have less regulatory hurdles if interested in working toward clinical licensure. 

The Bill also contains a transformative section of the legislation requires state agencies to certify 26 community-based mental health centers as behavioral health clinics within three years and set new rates for the services they provide. The state estimates this investment eventually will total $74 million annually. 

The additional funding for our community mental health centers will help them recruit and retain social workers through increasing salaries in order to be more competitive and provide more opportunities to promote staff within with salary enhancements.

As stated this bipartisan CCBHC bill represents the most significant piece of state legislation since the Kansas Mental Health Reform Act of 1990 and provides us a roadmap forward to improving the health and well-being of all Kansans.

Certified Community Behavioral Health Clinics (CCBHCs) are the leading shift in improving access to high-quality mental health and addiction treatment nationally and are making a difference in the lives of thousands. We are grateful that our state legislators have voted to support this move for mental wellness for Kansans and look forward to being able to enhance

COVID-19, Telehealth, and Licensing

ADVOCACY WORKS

Kansas Chapter has been hard at work to ensure pandemic-related supports for social workers and our clients. We have worked hard to be your voice at the table regarding the following licensing regulatory changes.

Proposed Regulatory Licensing Changes

Join NASW-KS and receive timely emails on the progress of these regulatory changes.

1) Clinical Supervision Through Electronic Options

Good News:

Active Discussion in the process by BSRB regarding allowing supervision conducted through face-to-face either in person or, if confidentiality is technologically protected, by video conferencing and in emergent situations with telephonic means.

2) Telephonic Services
Kansas Chapter has heard from many social workers impacted barriers related to digital access and serve clients without videoconferencing technology. KS Chapter Board of Directors presented testimony at the last two BSRB Board meetings to allow telephonic (audio) services.

Good News:
BSRB is currently discussing regulatory changes to allow telephonic service during student practicums and within the LSCSW training plan. Licensing Boards across the nation and insurance companies including Medicare/Medicaid have allowed flexibility for electronic means including telephonic services during this pandemic.

3) Current barriers for graduate-level social work students
Kansas requires MSW students to complete 350 in-person client hours to obtain a clinical level social work license (Article 63 – Social Workers, 65-6306). Many graduate students are having difficulty completing their required 350 in-person hours due to COVID-19. Kansas Chapter has been working with BSRB and the Governor's office regarding this regulatory barrier as our nation and state faces a mental health crisis. Our social work graduates are so critical to meeting those needs. We have been advocating to remove the 350 in-person hour requirement and to allow televideo and telephonic services to count as direct client contact during the MSW student practicum.

Good News:
BSRB is currently discussing moving forward with changes to include services through electronic methods.

Successful COVID-19 Related Advocacy Efforts

Teletherapy Counting Toward the 1,500 hours of Direct Clinical Contact for LSCSW

KS Chapter has been a strong voice advocating that teletherapy should count toward the required 1,500 hours of direct client contact. Upon reviewing the Kansas Telemedicine Act, BSRB did issue guidance that client contact via tele-video electronic devices may be used toward the accrual of the 1,500-hour requirement.

YOUR VOICE MATTERS

Having a social work association in Kansas matters!

Telehealth Changes: Regulatory and Licensing Changes

Kansas Chapter Advocacy Efforts

During the pandemic, Kansas Chapter is working hard to ensure that you can provide services through Telehealth. These include:

• Telehealth services count in the training plan toward LSCSW licensure.

• LSCSW supervision provided through Telehealth services.

• Audio only services counted for licensure.

State by State Guide on Telehealth

Collated by Penn State University and the University of Texas at Austin, the below link is a central resource with up-to-date information on the status of rules/laws in all 50 states plus the District of Columbia for marriage and family therapists, professional counselors, psychiatrists, psychologists, and social workers. The information provided is intended to be a living document that will be updated as different states update their rules/laws. Please check back regularly so that you are using the most recent information.

Access the guide here

Regulatory and Licensing Provisions

The Association of Social Work Boards (ASWB) the membership association for state social work licensing authorities has created a page where you can check on teletherapy in your state as well as license exemptions and temporary license requirements applicable during a declared state of emergency.  Check here

Kansas Behavioral Sciences Regulatory Board

• Kansas Chapter is advocating with BSRB for client contact via teletherapy to be used toward the accrual of direct client contact hours when working toward the clinical level of licensure. 

Kansas Telemedicine Act 

The Kansas Legislature passed the Kansas Telemedicine Act, which is effective Jan. 1, 2019. The Act brings provider use and consumer/patient-initiated use of these services together under one definition:

The Act states telemedicine shall be provided by means of real-time two-way interactive audio, visual, or audio-visual communications, including the application of secure video conferencing.

• Under the Act - Telemedicine does not include communication between:

  1. A healthcare provider that consists solely of a telephone voice-only conversation, email, or facsimile transmission.

  2. A physician and a patient that consists solely of an email or facsimile transmission. 

• Kansas requires any individual treating a client in-state to have a license to practice in Kansas. 

• Legal considerations for Telehealth

Per Kansas requirements, if the client is physically located in Kansas when services are being provided, the licensed provider must be licensed in the State of Kansas. Kansas does have the option of a temporary permit for those who hold an independent license in another state. Links have been provided below for each profession’s temporary out of state permit application.

If the client is physically located in another state when services are being provided, the licensee must contact the state board where the client is located to determine licensure and telemental health requirements.

Social Worker Disclosure Requirements

Interstate Telehealth Services

The licensing board for a state has jurisdiction when a client is physically in their state, so that state’s board decides if you are in compliance with their laws and rules when you work with someone who is inside their borders. Quite a few licensing boards have provisions for licensees of other states to practice temporarily with clients in their state. It is imperative to check the social work licensure rules in the state within which a potential client resides to determine if you are eligible to practice temporarily.

#BeTheChange

Annual Legislative Education Advocacy Day

Join us – this year for our virtual advocacy day - February 17th, 2021– 10 am to 12 pm. Registration will be posted on Kansas Chapter Facebook in January.

NASW-KS recognizes and stresses the importance of legislative advocacy by professional social workers through holding an annual advocacy skills training where over 300 students/social workers come together at Washburn University in February of each year. Participants learn advocacy skills in the morning in workshops and then have first-hand practice developing these skills by meeting with their legislators at the State Capitol. The actions of the Kansas legislature affect the practice of social work and the client’s social workers serve. Policy impacts practice and practitioners can affect policy.

#StandWithSocialWork by joining in this event. Our NASW-KS Membership provides social workers with regular advocacy and policy updates from both the National office and the NASW-KS state chapter office.

With your help, we’ll continue to be influencers at the Statehouse, working to meet the needs of Kansas social workers in human services, mental health, and equitable financing of state services.

BSRB Fees Reduced! Power in Association!

Over the years NASW-KS Chapter of Social Workers has advocated lowering fees for licensure as Kansas social workers pay almost twice as much as neighboring states. The good news…

-YOUR VOICE MATTERS-

Having a social work association in Kansas matters-regulations are now finalized and application and renewal fees have been reduced by $50 effective March 8, 2019.

More information on the BSRB social work license fees.

Back to School with Social Workers

This Guest Editorial was printed in Hutchinson News and the Topeka Capitol Journal. School Social Workers are the behavior health “glue” who work with students to overcome mental health challenges.Thank you to Wendy Funk Schrag, President of NASW-Kansas Chapter Board ofDirector for her leadership with this guest opinion article.The increasing behavioral and mental health needs of students requires the additional expertise of a school social worker who is trained to work with students," writes Wendy Funk Schrag.

Read full opinion piece…

Kansas Chapter is Recipient of Ruth Fizdale Chapter Research Grant from NASW Foundation

Kansas Chapter is honored to receive this grant award to pursue a better understanding of the our state workforce and increasing shortages of social workers in rural areas.The grant will support the chapter's efforts to survey the social work profession’s landscape in the state and surrounding area and present this data to policymakers and legislators to make them aware of the profession’s needs.Thank you to NASW-KS ChapterBoard members Matthew Benorden and Dr. Tim Davis for their leadership with this research project.

Kansas Passes Licensure Reciprocity for Social Workers

Senate Bill 15 was signed into law by Governor Kelly. The Kansas House and Senate passed legislation that was sent to Governor Kelly to provide licensure reciprocity for social workers who work across state lines or move to Kansas.

The NASW Kansas Chapter championed the introduction and passage of this legislation.

NASW-KS proposed an amendment to place post-graduate supervision hours for clinical supervision in line with states across the country. 3000 supervised practice hours and 100 supervision hours were also approved in the Senate and House. Governor Kely then signed the bill into law.

The legislative work and having a social worker at the table is only possible due to Kansas social workers becoming NASW members.

More in the News:

“Need More Social Workers In Kansas? Advocates And Providers Say Loosen Standards” by Nomin Ujiyediin, KCUR

“Kansas lawmakers eye bill to address social worker shortage” by Staff, KSNT

NASW- KS Chapter SUCCESSFULLY Championed Reducing Barriers to Become Clinically Trained

Senate Bill Passed into Law

NASW—KS Chapter championed amendments to Senate Bill 15 which changed the hours of supervised clinical experience from 4000 total hours to 3000 total hours and the required supervision hours from 150 hours to 100 hours for new (non-reciprocity) LSCSW applications only.

This change will ensure that Kansas licensing requirements are in lined with neighboring states and states across the union.

More information from BSRB