Kansas Attorney General Opinion 1992-007

ROBERT T. STEPHAN
ATTORNEY GENERAL
January 15, 1992
ATTORNEY GENERAL OPINION NO. 92- 7
The Honorable Barbara P. Allen
State Representative, 21st District
4650 College Blvd., Suite 300
Overland Park, KS 66211
Re: State Boards, Commissions and Authorities --
Regulation of Psychologists; Licensure of
Psychologists -- Issuance of License; Qualifications
Synopsis: When granting a license to practice psychology, the
behavioral sciences regulatory board does not have
the authority to designate an "area of emphasis" as
a restriction or limitation of that license.
Accordingly, K.A.R. 102-1-10(b)(4) is void and
unenforceable as it exceeds the board's statutory
authority. Cited herein: K.S.A. 1990 Supp.
74-5302; 74-5310.
Dear Representative Allen:
As state representative for the twenty-first district, you ask
the following question:
"When granting a license to practice psychology, does the
behavioral sciences regulatory board have the authority to
designate an 'area of emphasis' as a restriction or limitation
of that license?"
The behavioral sciences regulatory board is the governmental
agency charged with the responsibility of licensing
psychologists in the state of Kansas. K.S.A. 1990 Supp.

74-5310 sets forth the criteria which an applicant must meet
in order to be licensed as a psychologist.
"Any person paying the [application) fee
must also submit evidence verified by oath
and satisfactory to the board that such
person:
"(1) is at least 21 years of age;
"(2) is of good moral character;
"(3) has received the doctor's degree
based on a program of studies in content
primarily psychological from an
educational institution having a graduate
program with standards consistent with
those of the state universities of Kansas,
or the substantial equivalent of such
program in both subject matter and extent
of training; and
"(4) has had at least two years of
supervised experience; a significant
portion of which shall have been spent in
rendering psychological services
satisfying the board's approved standards
for the psychological service concerned."
K.S.A 1990 Supp. 74-5310.
If these criteria are met, the applicant is granted a license,
i.e. authorization to engage in the practice of psychology,
defined as:
"The application of established principles
of learning, motivation, perception,
thinking and emotional relationships to
problems of behavior adjustment, group
relations and behavior modifications, by
persons trained in psychology. The
application of such principles includes,
but is not restricted to, counseling and
the use of psychological remedial measures
with persons, in groups or individually,
having adjustment or emotional problems in
the areas of work, family, school and
personal relationships; measuring and
testing personality, intelligence,

aptitudes, public opinion, attitudes and
skills; the teaching of such subject
matter; and the conducting of research on
problems that relate to human behavior,
except that in all cases involving the
case of the sick and ill as defined by the
laws of the state of Kansas, the primary
responsibility devolves upon those
licensed under the healing arts act."
K.S.A. 1990 Supp. 74-5302(a).
Once granted, a license to practice psychology is limited only
by the parameters of that statutory definition.
An "area of emphasis" as used in regulations adopted pursuant
to the licensure of psychologists act is an emphasized area of
education within a degree program of psychological studies and
therefore has meaning only up to the time of licensure as a
psychologist.
Four Kansas administrative regulations contain the term "area
of emphasis." K.A.R. 102-1-5 addresses in greater specificity
the two year supervision and professional experience
requirements of K.S.A. 1990 Supp. 74-5310 which must be met
in order to obtain a license. Within this regulation the term
"area of emphasis" pertains to the requisite pre-licensure
professional experience. K.A.R. 102-1-7 specifically provides
that an area of emphasis shall not be listed on licenses
issued by the board. K.A.R. 102-1-12(a)(13) lists as a factor
for consideration in evaluating an applicant's degree program
"whether the course work includes the skill courses
appropriate for the applicant's major or area of emphasis."
Those three regulations are consistent with the premise that
once qualified by education, training and experience, an
applicant is to be granted a license to practice psychology as
that term is statutorily defined.
The board, being a creature of statute, has powers no broader
than the statute which creates its existence and defines its
authority.
"Administrative agencies are creatures of
statute and their power is dependent upon
authorizing statutes, therefore any
exercise of authority claimed by the
agency must come from within the
statutes. There is no general or common
law power that can be exercised by an

administrative agency. Pork Motel, Corp.
v. Kansas Department of Health and
Environment, 234 Kan. 374, 378 (1983).
Since the board has not been granted statutory power to
restrict a license to practice psychology, the board is not
authorized to designate an area of emphasis as a restriction
or limitation of such a license. In light of this conclusion,
one additional regulation must be addressed. K.A.R. 102-1-10
defines acts of unprofessional conduct, which are grounds
authorizing the board to suspend, limit, revoke, refuse to
issue or renew a license to practice psychology. Subsection
(b)(4) of that regulation defines unprofessional conduct as:
"Performing professional services that are
inconsistent with the licensee's emphasis
area or areas recognized by the board
based on a review of training, education
or experience."
Since the board does not have the statutory authority to
designate an emphasis area or a board recognized area of a
license to practice psychology, in our opinion K.A.R.
102-1-10(b)(4) is invalid and unenforceable.
"Rules or regulations of an administrative
agency, to be valid, must be within the
statutory authority conferred upon the
agency. Those rules or regulations that
go beyond the authority authorized, which
violate the statute, or are inconsistent
with the statutory power of the agency
have been found void. Administrative
rules and regulations to be valid must be
appropriate, reasonable and not
inconsistent with the law." Pork Motel,
Corp. v. Kansas Department of Health and
Environment, supra, Syl. 1.
A psychology license authorizes the licensee to practice
psychology as defined in K.S.A. 1990 Supp. 74-5302 which is
a very broad definition. K.A.R. 102-1-10(b)(4) purports to
limit the licensee to performing psychological services which
are consistent with the licensee's pre-licensure educational
emphasis area. While this idea may be considered commendable,
the fact remains that the board has not been granted statutory
authority to adopt this regulation.

In conclusion, we opine that when granting a license to
practice psychology, the behavioral sciences regulatory board
does not have the authority to designate an "area of emphasis"
as a restriction or limitation of that license. In addition,
it is our opinion that K.A.R. 102-1-10(b)(4) exceeds the
statutory power of the board and is therefore void.
Very truly yours,
ROBERT T. STEPHAN
ATTORNEY GENERAL OF KANSAS
Camille Nohe
Assistant Attorney General
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