Kansas Statutes Annotated

K.S.A. § 65-5802 (2026)

Definitions

✓ current as of May 2026
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65-5802. Definitions. As used in the professional counselors licensure act:

(a) "Assessment" means selecting, administering, scoring and interpreting instruments designed to describe an individual's aptitudes, abilities, achievements, interests and personal characteristics.

(b) "Board" means the behavioral sciences regulatory board created by K.S.A. 74-7501, and amendments thereto.

(c) "Consultation" means the application of principles, methods and techniques of the practice of counseling to assist in solving current or potential problems of individuals or groups in relation to a third party.

(d) "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.

(e) "Licensed clinical professional counselor" means a person who engages in the independent practice of professional counseling 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 and who is licensed under this act.

(f) "Licensed professional counselor" means a person who is licensed under this act and who engages in the practice of professional counseling only under the direction of a licensed clinical professional counselor, 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.

(g) "Practice of professional counseling" means assisting an individual or group for a fee, monetary or otherwise, through counseling, assessment, consultation and referral and includes the diagnosis and treatment of mental disorders as authorized under the professional counselors licensure act.

(h) "Professional counseling" means to assist an individual or group to develop understanding of personal strengths and weaknesses, to restructure concepts and feelings, to define goals and to plan actions as these are related to personal, social, educational and career development and adjustment.

(i) "Referral" means the evaluation of information to identify problems and to determine the advisability of referral to other practitioners.

History: L. 1987, ch. 315, § 2; L. 1996, ch. 153, § 2; L. 1999, ch. 117, § 1; L. 2023, ch. 90, § 4; July 1.

Notes of Decisions
Cited in 2 cases, 1999–2020 · leading case: State v. Berberich, 978 P.2d 902 (Kan. 1999).
State v. Berberich, 978 P.2d 902 (Kan. 1999). · cites it 2× “The legislature did not do so in the statutes granting a privilege to a licensed professional *224 counselor, nor did it do so under the definition statute (K.S.A. 1998 Supp. 65-5802) which defines a “licensed professional counselor” as “a person who engages in the private…”
Minges v. Kansas Behavioral Sciences Regulatory Bd. (Kan. Ct. App. 2020). · cites it 2× “See K.S.A. 65-5802(g) (defining an LPC as person engaging in practice of professional counseling "only under the direction of a licensed clinical professional counselor, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide…”
— K.S.A. § 65-5802(g) — 2 cases
State v. Berberich, 978 P.2d 902 (Kan. 1999). “The legislature did not do so in the statutes granting a privilege to a licensed professional *224 counselor, nor did it do so under the definition statute (K.S.A. 1998 Supp. 65-5802) which defines a “licensed professional counselor” as “a person who engages in the private…”
Minges v. Kansas Behavioral Sciences Regulatory Bd. (Kan. Ct. App. 2020). “See K.S.A. 65-5802(g) (defining an LPC as person engaging in practice of professional counseling "only under the direction of a licensed clinical professional counselor, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide…”
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