AGO 1989-080.

• Case Date: June 29, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-080. June 29, 1989ATTORNEY GENERAL OPINION NO. 89-80Mary Ann GabelExecutive Director Behavioral Sciences Regulatory Board 900 Jackson Room 885 Topeka, Kansas 66612 Re: Public Health--Professional Counselors--Diagnosis and Treatment of Mental Illness or Disease Synopsis: While registration acts generally do not restrict the practice of a regulated profession, the legislature may by statute place limitations on the scope of practice. The legislative history of K.S.A.1988 Supp. 65-5812(e) reflects the plain meaning and intent of the words used in this provision. Thus, registered professional counselors may not diagnose or treat mental illness or disease. Cited herein: K.S.A.1988 Supp. 65-5001; 65-5801; 65-5802; 65-5803; 65-5812; 74-7507. * * * Dear Ms. Gabel: As Executive Director of the Behavioral Sciences Regulatory Board (Board), you ask our opinion concerning the professional counselors registration act. Specifically, you question whether counselors who are registered with the State of Kansas may diagnose or treat mental illness or disease. It is the duty of the Board to implement the act and to register and regulate the profession of professional counseling. K.S.A.1988 Supp. 74-7507. The legislature enacted the professional counselors registration act in 1987. K.S.A.1988 Supp. 65-5801 et seq. The law provides that "no person shall represent that such person is a registered professional counselor, registered counselor or professional counselor without having first obtained a registration" from the Board. K.S.A.1988 Supp. 65-5803(a). Violation of the act is a class B misdemeanor. K.S.A.1988 Supp. 65-5803(b). "Professional counseling" is defined in the Act as follows:

" '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." K.S.A.1988 Supp. 65-5802(c).

K.S.A.1988 Supp. 65-5802(b) provides that "practice of professional counseling" means

"assisting an individual or group for a fee, monetary or otherwise, through counseling, assessment, consultation and referral." K.S.A.1988 Supp. 65-5802(b).

The terms contained in the above provision are...