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Kansas BSRB debates uniform unprofessional-conduct rules, including dual-relationship and post‑treatment contact provisions
Summary
Board members reviewed proposed uniform language for unprofessional‑conduct regulations across seven professions, discussed adding 'student' and 'directee' to protections, debated whether to center 'harm' or 'impairment' as the standard for dual relationships, and deferred final decisions to staff for revised language and future meetings.
At its July 28 meeting the Behavioral Sciences Regulatory Board spent substantial time reviewing proposed changes to unprofessional‑conduct regulations covering dual relationships, undue influence, and sexual or romantic contact with current and former clients.
Staff presented a crosswalk of existing language across seven professions and recommended splitting dual relationships and undue influence into separate provisions, adding 'student' and 'directee' to the list of protected categories, and standardizing a clause about imposing one’s personal values or spiritual beliefs. Legal counsel Tim Resner and board members debated whether a standard should focus on impairment to professional judgment or on demonstrable harm or exploitation to the client; several members said adding an express "harm" clause could simplify enforcement, while others cautioned about drafting language that would be administrable and fair in rural practice settings where dual relationships are more likely.
Board members also discussed a 24‑month rule in some professions that treats sexual or romantic contact within 24 months as presumptively prohibited and considered alternatives including a longer time window, a 5‑year limit, or a categorical prohibition. Members raised practical concerns about how a licensee could demonstrate that a former client was not being exploited or coerced if contact occurred after the prescribed window.
The board did not adopt final language at the meeting. Staff will draft revised regulatory language that (1) separates undue influence and dual relationships, (2) adds student/directee protections and standardized phrasing about imposing personal beliefs, and (3) offers alternative time-period language for contact with former clients for consideration at a subsequent meeting.
