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Kansas Chapter
National Association of Social Workers
…advocating for the practice and profession of Social Work…
Opposition Testimony: SB 254
March 17, 2015
Senate Public Health and Welfare
Presented by Cynthia Schendel, LSCSW, Chapter President
Good afternoon Madame Chair and members of the committee. Thank you for the opportunity
to testify on SB 254. My name is Cynthia Schendel. I am speaking to you as the President of
the Kansas Chapter, National Association of Social Workers (KNASW) and as a practicing
clinical social worker. KNASW is the leading association advocating for the practice and
profession of Social Work in Kansas for more than forty years. There are over 6000 licensed
social workers across the state. I have been a licensed specialist clinical social worker for nearly
thirty years and I have owned my own psychotherapy treatment business in the Kansas City area
since 1990.
As practicing social workers, we rely on the Kansas social work practice act to provide the legal
foundation that supports our career and the services we provide.
KNASW has reviewed SB 254 and we oppose several provisions. We recognize that there are
some improvements within SB 254. However, our concerns outweigh them.
We are asking that the following provisions in SB 254 be amended in order to address our
concerns, enhance public protection, and support the practice of social work. We will provide
balloon amendments at the appropriate time.
Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, 2013 (DSM-5)
SB 254 strikes all reference to the DSM-5 in the social work practice act (and all others).
KNASW objects to removing this reference because it serves two critical functions:
 For the authorized licensees, the statute codifies that the DSM-5 is the criteria and
standard of care that they use to determine the correct mental health diagnosis.
 For the clients, it provides clarity and assurance about what the licensee is using to
determine a mental health diagnosis.
Mandates new requirements for certain clinical supervisors
The BSRB licenses and regulates six disciplines. However, SB 254 has a new mandate that
targets only three of the six. According to the BSRB, three of the disciplines rejected the
mandate. The new mandate requires an unspecified number of hours of training and an
additional fee for those licensees who wish to provide clinical supervision. KNASW opposes
social workers being one of the three disciplines singled out for additional regulatory
requirements and fees.
If this is to be a new statutory standard, then it should apply to all disciplines. Without all
disciplines included, it should be voluntary.
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Social Worker safety awareness continuing education (CE)
In 2010, KNASW worked with the Kansas legislature to pass legislation requiring every new
social worker to have six hours of social worker safety awareness CE by their first licensure
renewal.
SB 254 undoes this by allowing a college discussion to replace the safety training CE
requirement. An academic discussion on safety is welcome but it is not a substitute for
concentrated training that is immediately applicable to the work setting of the new social worker.
BSRB’s authority to deny or sanction a licensee
 The BSRB can already deny a license for a person who has a felony conviction if that
person cannot show that they have been rehabilitated enough to practice as a social
worker.
SB 254 adds three new authorities:
1. Conviction of misdemeanor crimes against persons (KNASW supports)
2. Substantiation of child abuse (KNASW opposes)
3. Substantiation of adult abuse (KNASW opposes)
Conviction of a crime is based on a legal proceeding that assures due process.
Substantiation does not assure such due process.

SB 254 adds new language that authorizes the BSRB to deny or sanction a licensee who
is “incompetent to practice social work.” Without a statutory definition of what
‘incompetent’ means, the new language is subjective by both the regulatory board and
disgruntled public. KNASW opposes this undefined expansion of regulatory authority.
Requested new language
KNASW does not object to the expansion of the BSRB’s authority regarding criminal
convictions. Persons with such a history would still have the opportunity to demonstrate to the
board that they have been sufficiently rehabilitated. However, criminal conviction is a serious
situation. As with the Board of Healing Arts, KNASW believes it should take no less than 2/3 of
the board members present and voting to determine and agree that the person is appropriately
rehabilitated to practice. A simple majority vote is not enough.
The association asks the committee to adopt language to require a 2/3 vote of board members to
approve a person with criminal convictions as rehabilitated enough to practice social work.
KNASW asks for your support in addressing our concerns by amending SB 254. Thank you.
Contact information
Kansas Chapter, National Association of Social Workers; 700 SW Jackson, Ste. 1109, Topeka, Kansas 66603
Office: 785.354.4804
Cell: 785.393.4642
[email protected]
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