SB 165--Am. by HCW
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[As Amended by House Committee of the
Whole]
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As Amended by Senate Committee
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Session of 1997
SENATE BILL No. 165
By Committee on Public Health and Welfare
1-31
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12 AN ACT concerning [public health; relating to] the board of nursing;
13 licensees thereof; continuing education; membership on the board;
14 [concerning the state board of cosmetology continuing educa-
15 tion requirements;] amending K.S.A. 65-1119 and 65-4206 and
16 K.S.A. 1996 Supp. 65-1117, [65-1904,] 65-4205 and 74-1106 and re-
17 pealing the existing sections.
18
19 Be it enacted by the Legislature of the State of Kansas:
20 Section 1. K.S.A. 1996 Supp. 65-1117 is hereby amended to read as
21 follows: 65-1117. (a) All licenses issued under the provisions of this act,
22 whether initial or renewal, shall expire every two years. The expiration
23 date shall be established by the rules and regulations of the board. The
24 board shall mail an application for renewal of license to every registered
25 professional nurse and licensed practical nurse at least 60 days prior to
26 the expiration date of such person's license. Every person so licensed who
27 desires to renew such license shall file with the board, on or before the
28 date of expiration of such license, a renewal application together with the
29 prescribed biennial renewal fee. Every licensee who is no longer engaged
30 in the active practice of nursing may so state by affidavit and submit such
31 affidavit with the renewal application. An inactive license may be re-
32 quested along with payment of a fee which shall be fixed by rules and
33 regulations of the board. Except for the first renewal period following
34 licensure by examination or for the first nine months following licensure
35 by reinstatement or endorsement, the board shall require every licensee
36 with an active nursing license to submit with the renewal application
37 evidence of satisfactory completion of a program of continuing nursing
38 education required by the board. The board by duly adopted rules and
39 regulations shall establish the requirements for such program of contin-
40 uing nursing education. Continuing nurse nursing education means or-
41 ganized learning experiences which are designed to enhance knowledge,
42 improve skills and develop attitudes that enhance nursing and improve
43 health care to the public intended to build upon the educational and
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1 experiential bases of the registered professional and licensed practical
2 nurse for the enhancement of practice, education, administration, re-
3 search or theory development to the end of improving the health of the
4 public. Upon receipt of such application, payment of fee, upon receipt of
5 the evidence of satisfactory completion of the required program of con-
6 tinuing nursing education and upon being satisfied that the applicant
7 meets the requirements set forth in K.S.A. 65-1115 or 65-1116 and
8 amendments thereto in effect at the time of initial licensure of the ap-
9 plicant, the board shall verify the accuracy of the application and grant a
10 renewal license.
11 (b) Any person who fails to secure a renewal license within the time
12 specified herein may secure a reinstatement of such lapsed license by
13 making verified application therefor on a form provided by the board, by
14 rules and regulations, and upon furnishing proof that the applicant is
15 competent and qualified to act as a registered professional nurse or li-
16 censed practical nurse and by satisfying all of the requirements for rein-
17 statement including payment to the board of a reinstatement fee as es-
18 tablished by the board. A reinstatement application for licensure will be
19 held awaiting completion of such documentation as may be required, but
20 such application shall not be held for a period of time in excess of that
21 specified in rules and regulations.
22 (c) Each licensee shall notify the board in writing of a change in name
23 or address within 30 days of the change. Failure to so notify the board
24 shall not constitute a defense in an action relating to failure to renew a
25 license, nor shall it constitute a defense in any other proceeding.
26 Sec. 2. K.S.A. 65-1119 is hereby amended to read as follows: 65-
27 1119. (a) Application for accreditation. An accredited school of nursing
28 is one which has been approved as such by the board as meeting the
29 standards of this act, and the rules and regulations of the board. An in-
30 stitution desiring to conduct an accredited school of professional or prac-
31 tical nursing shall apply to the board for accreditation and submit satis-
32 factory proof that it is prepared to and will maintain the standards and
33 basic professional nursing curriculum or the required curriculum for
34 practical nursing, as the case may be, as prescribed by this act and by the
35 rules and regulations of the board. Applications shall be made in writing
36 on forms supplied by the board and shall be submitted to the board
37 together with the application fee fixed by the board. The accreditation of
38 a school of nursing shall expire two five years after the granting of such
39 accreditation by the board. An institution desiring to continue to conduct
40 an accredited school of professional or practical nursing shall apply to the
41 board for the renewal of accreditation and submit satisfactory proof that
42 it will maintain the standards and basic professional nursing curriculum
43 or the required curriculum for practical nursing, as the case may be, as
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1 prescribed by this act and by the rules and regulations of the board.
2 Applications for renewal of accreditation shall be made in writing on
3 forms supplied by the board and shall be submitted to the board together
4 with the application fee fixed by the board. Each school of nursing shall
5 submit annually to the board an annual fee fixed by the board by rules
6 and regulations to maintain the accreditation status.
7 (b) Schools for professional nurses. To qualify as an accredited school
8 for professional nurses, the school must be conducted in the state of
9 Kansas, and shall apply to the board and submit evidence that: (1) It is
10 prepared to carry out the professional curriculum as prescribed in the
11 rules and regulations of the board; and (2) it is prepared to meet such
12 other standards as shall be established by this law and the rules and reg-
13 ulations of the board. The board shall establish by rules and regulations
14 curriculum requirements for associated degree nursing programs accred-
15 ited under this statute. The board shall establish by rules and regulations
16 curriculum requirements for baccalaureate degree nursing programs ac-
17 credited under this statute.
18 (c) Schools for practical nurses. To qualify as an accredited school for
19 practical nurses, the school must be conducted in the state of Kansas, and
20 shall apply to the board and submit evidence that: (1) It is prepared to
21 carry out the curriculum as prescribed in the rules and regulations of the
22 board; and (2) it is prepared to meet such other standards as shall be
23 established by this law and the rules and regulations of the board.
24 (d) Survey. The board shall prepare and maintain a list of accredited
25 schools for both professional and practical nurses whose graduates, if they
26 have the other necessary qualifications provided in this act, shall be eli-
27 gible to apply for a license as a registered professional nurse or as a
28 licensed practical nurse. A survey of the institution or institutions and of
29 the schools applying for accreditation shall be made by an authorized
30 employee of the board or members of the board, who shall submit a
31 written report of the survey to the board. If, in the opinion of the board,
32 the requirements as prescribed by the board in its rules and regulations
33 for an accredited school for professional nurses or for practical nurses are
34 met, it shall so approve and accredit the school as either a school for
35 professional nurses or practical nurses, as the case may be. From time to
36 time, as deemed necessary by the board, it shall cause to be made a
37 resurvey of accredited schools and written reports of such resurveys sub-
38 mitted to the board. If the board determines that any accredited school
39 of nursing is not maintaining the standards required by this act and by
40 rules and regulations prescribed by the board, notice thereof in writing,
41 specifying the failures of such school, shall be given immediately to the
42 school. A school which fails to correct such conditions to the satisfaction
43 of the board within a reasonable time shall be removed from the list of
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1 accredited schools of nursing until such time as the school shall comply
2 with the standards. All accredited schools shall maintain accurate and
3 current records showing in full the theoretical and practical courses given
4 to each student.
5 (e) Providers of continuing nursing education offerings. (1) To qualify
6 as an approved provider of continuing nursing education offerings, per-
7 sons, organizations or institutions proposing to provide such continuing
8 nursing education offerings shall apply to the board for approval and
9 submit evidence that the applicant is prepared to meet the standards and
10 requirements established by the rules and regulations of the board for
11 such continuing nursing education offerings. Initial applications shall be
12 made in writing on forms supplied by the board and shall be submitted
13 to the board together with the application fee fixed by the board.
14 (2) A long-term provider means a person, organization or institution
15 that is responsible for the development, administration and evaluation of
16 continuing nursing education programs and offerings. Qualification as an
17 a long-term approved provider of continuing nursing education offerings
18 shall expire five years after the granting of such approval by the board.
19 An approved long-term provider of continuing nursing education offer-
20 ings shall submit annually to the board the annual fee established by rules
21 and regulations, along with an annual report for the previous fiscal year.
22 Applications for renewal as an approved long-term provider of continuing
23 nursing education offerings and annual reports shall be made in writing
24 on forms supplied by the board and shall be submitted to the board
25 together with the application fee fixed by the board.
26 (3) Qualification as an approved provider of a single continuing nurs-
27 ing education offering, which may be offered once or multiple times, shall
28 expire two years after the granting of such approval by the board. Ap-
29 proved single continuing nursing education providers shall not be subject
30 to an annual fee or annual report.
31 (4) In accordance with rules and regulations adopted by the board,
32 the board may approve individual educational offerings for continuing
33 nursing education which shall not be subject to approval under other
34 subsections of this section.
35 (5) The board shall accept offerings as approved continuing nursing
36 education presented by: Colleges that are approved by a state or the
37 national department of education and providers approved by other state
38 boards of nursing, the national league for nursing, the national federation
39 of licensed practical nurses, the American nurses credentialing center or
40 other such national organizations as listed in rules and regulations
41 adopted by the board.
42 [(6) An individual designated by a provider of continuing nurs-
43 ing education offerings as an individual responsible for CNE who
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1 has held this position for the provider at least five years immedi-
2 ately prior to January 1, 1997, shall not be required to have a
3 baccalaureate or higher academic degree in order to be desig-
4 nated by such provider as the individual responsible for CNE.]
5 (f) Criteria for evaluating out-of-state schools. For the purpose of
6 determining whether an applicant for licensure who is a graduate of a
7 school of professional or practical nursing located outside this state meets
8 the requirements of item (2) of subsection (a) of K.S.A. 65-1115 and
9 amendments thereto or the requirements of item (2) of subsection (a) of
10 K.S.A. 65-1116 and amendments thereto, as appropriate, the board by
11 rules and regulations shall establish criteria for determining whether a
12 particular school of professional nursing located outside this state main-
13 tains standards which are at least equal to schools of professional nursing
14 which are accredited by the board and whether a particular school of
15 practical nursing located outside this state maintains standards which are
16 at least equal to schools of practical nursing which are accredited by the
17 board. The board may send a questionnaire developed by the board to
18 any school of professional or practical nursing located outside this state
19 for which the board does not have sufficient information to determine
20 whether the school meets the standards established under this subsection
21 (f). The questionnaire providing the necessary information shall be com-
22 pleted and returned to the board in order for the school to be considered
23 for approval. The board may contract with investigative agencies, com-
24 missions or consultants to assist the board in obtaining information about
25 schools. In entering such contracts the authority to approve schools shall
26 remain solely with the board.
27 Sec. 3. K.S.A. 1996 Supp. 65-4205 is hereby amended to read as
28 follows: 65-4205. (a) The board shall mail an application for renewal of
29 license to all licensed mental health technicians at least 60 days prior to
30 the expiration date of December 31. Every mental health technician who
31 desires to renew a license shall file with the board, on or before December
32 31 of even-numbered years, a renewal application together with the pre-
33 scribed renewal fee. Every licensee who is no longer engaged in the active
34 practice of mental health technology may so state by affidavit and submit
35 such affidavit with the renewal application. An inactive license may be
36 requested along with payment of a fee as determined by rules and reg-
37 ulations of the board.
38 Except for the first renewal period following licensure by examination
39 or for the first nine months following licensure by reinstatement or en-
40 dorsement, the board shall require every licensee with an active mental
41 health technology license to submit with the renewal application evidence
42 of satisfactory completion of a program of continuing education required
43 by the board. The board by duly adopted rules and regulations shall es-
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1 tablish the requirements for such program of continuing education. Con-
2 tinuing education means learning experiences intended to build upon the
3 educational and experiential bases of the licensed mental health technician
4 for the enhancement of practice, education, administration, research or
5 theory development to the end of improving the health of the public.
6 Upon receipt of such application and evidence of satisfactory comple-
7 tion of the required program of continuing education and upon being
8 satisfied that the applicant meets the requirements set forth in K.S.A. 65-
9 4203 and amendments thereto in effect at the time of initial licensure of
10 the applicant, the board shall verify the accuracy of the application and
11 grant a renewal license.
12 (b) Any licensee who fails to secure a renewal license within the time
13 specified may secure a reinstatement of such lapsed license by making
14 verified application therefor on a form prescribed by the board together
15 with the prescribed reinstatement fee and, satisfactory evidence as re-
16 quired by the board that the applicant is presently competent and qual-
17 ified to perform the responsibilities of a mental health technician and of
18 satisfying all the requirements for reinstatement. A reinstatement appli-
19 cation for licensure will be held awaiting completion of such documen-
20 tation as may be required, but such application shall not be held for a
21 period of time in excess of that specified in rules and regulations.
22 (c) Each licensee shall notify the board in writing of a change in name
23 or address within 30 days of the change. Failure to so notify the board
24 shall not constitute a defense in an action relating to failure to renew a
25 license, nor shall it constitute a defense in any other proceeding.
26 Sec. 4. K.S.A. 65-4206 is hereby amended to read as follows: 65-
27 4206. (a) An approved course of mental health technology is one which
28 has been approved by the board as meeting the standards of this act and
29 the rules and regulations of the board. The course, at a minimum, shall
30 be of six months duration in which the institution shall provide for 18
31 weeks of schooling, one-half devoted to classroom instruction and one-
32 half to clinical experience and shall include the study of:
33 (1) Basic nursing concepts;
34 (2) psychiatric therapeutic treatment; and
35 (3) human growth, development and behavioral sciences.
36 (b) An institution which intends to offer a course on mental health
37 technology shall apply to the board for approval and submit evidence that
38 the institution is prepared to and will maintain the standards and curric-
39 ulum as prescribed by this act and the rules and regulations of the board.
40 The application shall be made in writing upon a form prescribed by the
41 board with the application fee fixed by the board by rules and regulations.
42 (c) To obtain approval for The approval of a school of mental health
43 technology shall expire five years after the granting of such approval by
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1 the board. An institution desiring to continue to conduct a course of men-
2 tal health technology, the institution shall satisfy apply to the board that
3 it is prepared to carry out the for the renewal of approval and submit
4 satisfactory proof that the institution will maintain the standards and the
5 basic mental health technology curriculum as prescribed by this act and
6 the rules and regulations of the board and that it is prepared to and will
7 establish standards for the course as prescribed by the board. Applications
8 for renewal of approval shall be made in writing on forms supplied by
9 the board. Each institution offering a course of mental health technology
10 shall submit annually to the board an annual fee fixed by the board by
11 rules and regulations to maintain approval status.
12 (d) Providers of continuing education. (1) To qualify as an approved
13 provider of continuing education offerings, persons, organizations or in-
14 stitutions proposing to provide such continuing education offerings shall
15 apply to the board for approval and submit evidence that the applicant
16 is prepared to meet the standards and requirements established by the
17 rules and regulations of the board for such continuing education offerings.
18 Initial applications shall be made in writing on forms supplied by the
19 board and shall be submitted to the board together with the application
20 fee fixed by the board.
21 (2) A long-term provider means a person, organization or institution
22 that is responsible for the development, administration and evaluation of
23 continuing education programs and offerings. Qualification as a long-term
24 approved provider of continuing education offerings shall expire five years
25 after the granting of such approval by the board. An approved long-term
26 provider of continuing education offerings shall submit annually to the
27 board the annual fee established by rules and regulations, along with an
28 annual report for the previous fiscal year. Applications for renewal as an
29 approved long-term provider of continuing education offerings shall be
30 made in writing on forms supplied by the board.
31 (3) Qualification as an approved provider of a single continuing ed-
32 ucation offering, which may be offered once or multiple times, shall expire
33 two years after the granting of such approval by the board. Approved
34 single continuing education providers shall not be subject to an annual
35 fee or annual report.
36 (4) In accordance with rules and regulations adopted by the board,
37 the board may approve individual educational offerings for continuing
38 education which shall not be subject to approval under other subsections
39 of this section.
40 (5) The board shall accept offerings as approved continuing education
41 presented by: Colleges that are approved by a state or the national de-
42 partment of education and providers approved by other state boards of
43 nursing, the national league for nursing, the national federation of licensed
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1 practical nurses, the American nurses credentialing center or other such
2 national organizations as listed in rules and regulations adopted by the
3 board.
4 Sec. 5. K.S.A. 1996 Supp. 74-1106 is hereby amended to read as
5 follows: 74-1106. (a) Appointment, term of office. (1) The governor shall
6 appoint a board consisting of 11 members of which five six shall be reg-
7 istered professional nurses, two shall be licensed practical nurses, two
8 one shall be a licensed mental health technicians technician and two
9 shall be members of the general public, which shall constitute a board of
10 nursing, with the duties, power and authority set forth in this act. The
11 members of the board of nursing holding office on the effective date of
12 this amendment shall continue as members until the expiration of their
13 respective terms.
14 (2) Upon the expiration of the term of any registered professional
15 nurse, licensed practical nurse, or licensed mental health technician, in-
16 dividuals may submit to the governor lists of licensees' names for the
17 positions open on the board. Appointments shall be made after consid-
18 eration of such lists and individual applications for terms of four years
19 and until a successor is appointed and qualified.
20 (2) (3) (2) Upon the expiration of the term of any registered profes-
21 sional nurse, the Kansas state nurses association shall submit to the gov-
22 ernor a list of registered professional nurses containing names of not less
23 than three times the number of persons to be appointed, and appoint-
24 ments shall be made after consideration of such list for terms of four
25 years and until a successor is appointed and qualified.
26 (3) (4) (3) On the effective date of this act, the Kansas federation of
27 licensed practical nurses shall submit to the governor a list of licensed
28 practical nurses containing names of not less than three times the number
29 of persons to be appointed, and appointments shall be made after con-
30 sideration of such list, with the first appointment being for a term of four
31 years and the second appointment being for a term of two years. Upon
32 the expiration of the term of any licensed practical nurse, a successor of
33 like qualifications shall be appointed in the same manner as the original
34 appointment for a term of four years and until a successor is appointed
35 and qualified.
36 (4) (5) (4) Upon the expiration of the term of any mental health
37 technician, the Kansas association of human services technologies shall
38 submit to the governor a list of persons licensed as mental health tech-
39 nicians containing names of not less than three times the number of
40 persons to be appointed, and appointments shall be made after consid-
41 eration of such list for terms of four years and until a successor is ap-
42 pointed and qualified.
43 (5) (6) (5) Each member of the general public shall be appointed
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1 for a term of four years and successors shall be appointed for a like term.
2 (6) (7) (6) Whenever a vacancy occurs on the board of nursing, it
3 shall be filled by appointment for the remainder of the unexpired term
4 in the same manner as the preceding appointment. No person shall serve
5 more than two consecutive terms as a member of the board of nursing
6 and appointment for the remainder of an unexpired term shall constitute
7 a full term of service on such board.
8 (b) Qualifications of members. Each member of the board shall be a
9 citizen of the United States and a resident of the state of Kansas. Regis-
10 tered professional nurse members shall possess a license to practice as a
11 professional nurse in this state with at least five years' experience in nurs-
12 ing as such and shall be actively engaged in professional nursing in Kansas
13 at the time of appointment and reappointment. The licensed practical
14 nurse members shall be graduated from an accredited practical nurse
15 program, hold a diploma from an accredited high school or have otherwise
16 obtained the equivalent of a high school education and be licensed to
17 practice practical nursing in the state with at least five years' experience
18 in practical nursing and shall be actively engaged in practical nursing in
19 Kansas at the time of appointment and reappointment. Upon the expi-
20 ration of the terms of the registered professional nurse members holding
21 office on July 1, 1993, The governor shall appoint successors so that the
22 registered professional nurse membership of the board shall consist of at
23 least two members who are engaged in nursing service, at least two
24 members who are engaged in nursing education and at least one member
25 who is engaged in practice as an advanced registered nurse practitioner
26 or a registered nurse anesthetist. The registered professional nurse mem-
27 bers of the board holding office on the effective date of this act shall
28 continue as members until the expiration of their respective terms. The
29 licensed mental health technician members member shall be high school
30 graduates or shall have obtained the equivalent of a high school education
31 and shall be licensed to practice as licensed mental health technicians
32 technician in the state with at least five years' experience and shall be
33 actively engaged in the field of mental health technology in Kansas
34 at the time of appointment and reappointment. The consumer members
35 shall represent the interests of the general public. Each member of the
36 board shall take and subscribe the oath prescribed by law for state officers,
37 which oath shall be filed with the secretary of state.
38 (c) Duties and powers. (1) The board shall meet annually at Topeka
39 during the month of July September and shall elect from its members a
40 president, vice-president and secretary, each of whom shall hold their
41 respective offices for one year. The board shall employ an executive ad-
42 ministrator, who shall be a registered professional nurse, who shall not
43 be a member of the board and who shall be in the unclassified service
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1 under the Kansas civil service act, and shall employ such other employees,
2 who shall be in the classified service under the Kansas civil service act as
3 necessary to carry on the work of the board. As necessary, the board shall
4 be represented by an attorney appointed by the attorney general as pro-
5 vided by law, whose compensation shall be determined and paid by the
6 board with the approval of the governor. The board may hold such other
7 meetings during the year as may be deemed necessary to transact its
8 business.
9 (2) The board may adopt rules and regulations not inconsistent with
10 this act necessary to carry into effect the provisions thereof, and such
11 rules and regulations may be published and copies thereof furnished to
12 any person upon application.
13 (3) The board shall prescribe curricula and standards for professional
14 and practical nursing programs and mental health technician programs,
15 and provide for surveys of such schools and courses at such times as it
16 may deem necessary. It shall accredit such schools and approve courses
17 as meet the requirements of the appropriate act and rules and regulations
18 of the board.
19 (4) The board shall examine, license and renew licenses of duly qual-
20 ified applicants and conduct hearings upon charges for limitation, sus-
21 pension or revocation of a license or accreditation of professional and
22 practical nursing and mental health technician programs and may limit,
23 deny, suspend or revoke for proper legal cause, licenses or accreditation
24 of professional and practical nursing and mental health technician pro-
25 grams, as hereinafter provided. Examination for applicants for registration
26 shall be given at least twice each year and as many other times as deemed
27 necessary by the board. The board shall promote improved means of
28 nursing education and standards of nursing care through institutes, con-
29 ferences and other means.
30 (5) The board shall have a seal of which the executive administrator
31 shall be the custodian. The president and the secretary shall have the
32 power and authority to administer oaths in transacting business of the
33 board, and the secretary shall keep a record of all proceedings of the
34 board and a register of professional and practical nurses and mental health
35 technicians licensed and showing the certificates of registration or licenses
36 granted or revoked, which register shall be open at all times to public
37 inspection.
38 (6) The board may enter into contracts as may be necessary to carry
39 out its duties.
40 (7) The board is hereby authorized to apply for and to accept grants
41 and may accept donations, bequests or gifts. The board shall remit all
42 moneys received by it under this paragraph (7) to the state treasurer at
43 least monthly. Upon receipt of any such remittance, the state treasurer
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1 shall deposit the entire amount thereof in the state treasury, and such
2 deposit shall be credited to the grants and gifts fund which is hereby
3 created. All expenditures from such fund shall be made in accordance
4 with appropriation acts upon warrants of the director of accounts and
5 reports issued pursuant to vouchers approved by the president of the
6 board or a person designated by the president.
7 (8) A majority of the board of nursing including two professional
8 nurse members shall constitute a quorum for the transaction of business.
9 (d) Subpoenas. In all investigations and proceedings, the board shall
10 have the power to issue subpoenas and compel the attendance of wit-
11 nesses and the production of all relevant and necessary papers, books,
12 records, documentary evidence and materials. Any person failing or re-
13 fusing to appear or testify regarding any matter about which such person
14 may be lawfully questioned or to produce any books, papers, records,
15 documentary evidence or relevant materials in the matter, after having
16 been required by order of the board or by a subpoena of the board to do
17 so, upon application by the board to any district judge in the state, may
18 be ordered by such judge to comply therewith. Upon failure to comply
19 with the order of the district judge, the court may compel obedience by
20 attachment for contempt as in the case of disobedience of a similar order
21 or subpoena issued by the court. A subpoena may be served upon any
22 person named therein anywhere within the state with the same fees and
23 mileage by an officer authorized to serve subpoenas in civil actions in the
24 same procedure as is prescribed by the code of civil procedure for sub-
25 poenas issued out of the district courts of this state.
26 (e) Compensation and expenses. Members of the board of nursing
27 attending meetings of such board, or attending a subcommittee meeting
28 thereof authorized by such board, shall be paid compensation, subsistence
29 allowances, mileage and other expenses as provided in K.S.A. 75-3223,
30 and amendments thereto.
31 [Sec. 6. K.S.A. 1996 Supp. 65-1904 is hereby amended to read
32 as follows: 65-1904. (a) Unless revoked for cause, all licenses of
33 cosmetologists, cosmetology technicians, electrologists and mani-
34 curists issued or renewed by the board shall expire on the expi-
35 ration dates established by rules and regulations adopted by the
36 board under this section. Subject to the other provisions of this
37 subsection, each such license, other than the three-year senior cos-
38 metologist license, shall be renewable on a biennial basis upon the
39 filing of a renewal application prior to the expiration of the license,
40 payment of the renewal fee established under this section and,
41 except for an apprentice license, the electrologist license and the sen-
42 ior cosmetologist license, for licenses renewed on and after July 1,
43 1996 1997, furnishing evidence satisfactory to the board of the com-
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1 pletion of a minimum of 20 five clock hours biennially annually of
2 continuing education on health related issues in the practice of cos-
3 metology approved by the board in the license category in which
4 the licensee holds a license or if the licensee holds a license in
5 more than one category, in the category specified by rules and
6 regulations of the board for licensees holding more than one li-
7 cense. Applicants for renewal of an electrologist license shall furnish with
8 the biennial renewal application evidence satisfactory to the board of the
9 completion of 10 clock hours annually of continuing education on health
10 related issues in electrologist practice approved by the board. In order
11 to provide for the establishment of a system of biennial renewal of
12 licenses issued by the board, the board may provide by rules and
13 regulations that licenses issued or renewed may expire less than
14 two years from the date of issuance or renewal. In each case in
15 which a license is issued or renewed for a period of time of less
16 than two years, the board shall prorate to the nearest whole month
17 the license or renewal fee established under this section.
18 [(b) Any cosmetologist's, cosmetology technician's, estheti-
19 cian's, electrologist's or manicurist's license may be renewed by
20 the applicant within 90 days after the date of expiration of the
21 applicant's last license upon submission of proof, satisfactory to
22 the board, of the applicant's qualifications to renew practice as a
23 cosmetologist, cosmetology technician, electrologist or manicurist,
24 including the completion of any applicable continuing education
25 requirements and payment of the applicable renewal fee and de-
26 linquent fee prescribed pursuant to this section. Any applicant
27 whose license as a cosmetologist, cosmetology technician, elec-
28 trologist or manicurist has expired for more than one year prior
29 to application for renewal may obtain a license in the same manner
30 and on payment of the same fees as provided for an applicant for
31 an original license on and after July 1, 1996, and upon proof that
32 such applicant has satisfactorily completed a program of continu-
33 ing education required by the board for applicants whose licenses
34 have expired.
35 [(c) At the time of application for license renewal, a cosmetol-
36 ogist licensed in this state may apply to the board and qualify for
37 a three-year senior cosmetologist license by:
38 [(1) Paying the fee required by this section;
39 [(2) showing evidence satisfactory to the board of having been
40 actually employed in a licensed salon or licensed school for not less
41 than 120 days during the preceding three years;
42 [(3) on and after July 1, 1996, furnishing evidence satisfactory
43 to the board of the completion of a minimum of 30 15 clock hours
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1 triennially of continuing education on health related issues in the
2 practice of cosmetology approved by the board; and
3 [(4) furnishing evidence satisfactory to the board of attendance
4 of 40 clock hours of courses of instruction in cosmetology approved
5 by the board.
6 [(d) Any applicant for a license other than a renewal license
7 shall make a verified application to the board on such forms as the
8 board may require and, upon payment of the examination fee shall
9 be examined by the board or their appointees and shall be issued
10 a license, if found to be duly qualified to practice the profession
11 of cosmetologist, esthetician, electrologist or manicurist.
12 [(e) (1) Except as otherwise provided in this section, the board
13 shall require every licensee in the active practice of cosmetology
14 within the state to submit evidence of satisfactory completion of a
15 program of continuing education required under this section. Such
16 evidence shall be made in writing in a form required by the board.
17 The board shall require every licensee in the active practice of
18 cosmetology within the state to remit a continuing education fee
19 to the board or its designee in an amount fixed by the board. The
20 board shall adopt rules and regulations establishing the program
21 of continuing education in accordance with this section as soon as
22 possible after the effective date of this act. In establishing such
23 requirements the board shall consider any existing programs of
24 continuing education currently being offered to licensees of the
25 board.
26 [(2) To qualify as an approved provider of continuing educa-
27 tion offerings, persons, organizations or institutions proposing to
28 provide such continuing education offerings shall apply to the
29 board for approval and submit evidence that the applicant is pre-
30 pared to meet the standards and requirements established by the
31 rules and regulations of the board for such continuing education
32 offerings. Initial applications shall be made in writing on forms
33 supplied by the board and shall be submitted to the board together
34 with the application fee fixed by the board. Qualification as an
35 approved provider of continuing education offerings shall expire
36 five years after the granting of such approval by the board. An
37 approved provider of continuing education offerings shall submit
38 annually to the board the continuing education program approval
39 fee established by rules and regulations, along with an annual re-
40 port of its educational programs for the previous fiscal year. Ap-
41 plications for renewal as an approved provider of continuing ed-
42 ucation offerings and annual reports shall be made in writing on
43 forms supplied by the board and shall be submitted to the board
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1 together with the application fee fixed by the board.
2 [(3) The board shall establish an inactive license category and
3 may waive the continuing education requirements for the renewal
4 of a license and place a licensee on inactive status if a licensee is
5 not engaged in or has retired from practice or has become tem-
6 porarily or permanently disabled and the licensee files with the
7 board a certificate stating either of the following:
8 [(A) A retiring licensee certifies to the board that the licensee:
9 [(i) Has retired from the active practice of cosmetology service;
10 or
11 [(ii) is not engaged in the provision of any cosmetology service
12 as defined by the statutes of the state of Kansas; or
13 [(B) a disabled licensee certifies to the board that such licensee
14 is no longer engaged in the provision of any cosmetology service
15 as defined by the statutes of the state of Kansas by reason of any
16 physical disability, whether permanent or temporary, and shall de-
17 scribe the nature of such disability. The waiver of continuing ed-
18 ucation under this subsection shall continue so long as the retire-
19 ment or physical disability exists. Prior to returning to active
20 practice for which a person holds an inactive license, such person
21 shall complete 20 clock hours of continuing education approved
22 by the board in the license category in which the licensee holds a
23 license or if the licensee holds a license in more than one category,
24 in the category specified by rules and regulations of the board for
25 licensees holding more than one license. The board shall establish
26 by rules and regulations a procedure to activate an inactive license.
27 [(f) The board is hereby authorized to adopt rules and regu-
28 lations fixing the amount of fees for the following items and to
29 charge and collect the amounts so fixed, subject to the following
30 limitations:
31 [Active cosmetologist license or renewal, for two years--not more
32 than[nt$60
33 [Inactive cosmetologist license or renewal, for two years--not
34 more than[nt30
35 [Delinquent cosmetologist license[nt4
36 [Cosmetology technician renewal, for two years--not more than[nt30
37 [Electrologist license or renewal, for two years--not more than[nt30
38 [Delinquent electrologist license[nt4
39 [Senior cosmetologist license or renewal, for three years --not
40 more than[nt45
41 [Manicurist license renewal or renewal, for two years--not more
42 than[nt24
43 [Delinquent manicurist license[nt4
SB 165--Am. by HCW
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1 [Esthetician license or renewal, for two years--not more than[nt30
2 [Delinquent esthetician license[nt4
3 [Any apprentice license--not more than[nt12
4 [Additional training license--not more than[nt12
5 [New school license[nt100
6 [School license renewal--not more than[nt50
7 [Delinquent school license--not more than[nt10
8 [New salon or electrology clinic license--not more than[nt30
9 [Salon or electrology clinic license renewal--not more than[nt20
10 [Delinquent salon or electrology clinic license[nt6
11 [Transfer of salon or electrology clinic license--not more than[nt15
12 [Cosmetologist's examination--not more than[nt25
13 [Cosmetology technician's examination--not more than[nt25
14 [Electrologist's examination--not more than[nt25
15 [Manicurist's examination--not more than[nt25
16 [Esthetician examination--not more than[nt25
17 [Instructor's examination--not more than[nt50
18 [Out-of-state examinations--not more than[nt35
19 [Out-of-state affidavits[nt2
20 [Any duplicate license[nt2
21 [Instructor's license or renewal, for two years--not more than[nt50
22 [Delinquent instructor's license--not more than[nt50
23 [Cosmetologist continuing education registration fee[nt40
24 [Continuing education program application fee[nt100
25 [Continuing education program approval fee[nt100
26 [(g) Whenever the board determines that the total amount of
27 revenue derived from the fees collected pursuant to this section is
28 insufficient to carry out the purposes for which the fees are col-
29 lected, the board may amend its rules and regulations to increase
30 the amount of the fee, except that the amount of the fee for any
31 item shall not exceed the maximum amount authorized by this sub-
32 section. Whenever the amount of fees collected pursuant to this
33 section provides revenue in excess of the amount necessary to
34 carry out the purposes for which such fees are collected, it shall
35 be the duty of the board to decrease the amount of the fee for one
36 or more of the items listed in this subsection by amending the rules
37 and regulations which fix the fees.
38 [(h) Any person who failed to obtain a renewal license while in
39 the armed forces of the United States shall be entitled to a renewal
40 license upon filing application and paying the renewal fee for the
41 current year during which the person has been discharged on and
42 after July 1, 1996, and upon proof that such applicant has satisfac-
43 torily completed a program of continuing education required by
SB 165--Am. by HCW
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1 the board for applicants under this subsection.]
2 Sec. 6. [7.] K.S.A. 65-1119 and 65-4206 and K.S.A. 1996 Supp. 65-
3 1117, [65-1904,] 65-4205 and 74-1106 are hereby repealed.
4 Sec. 7. [8.] This act shall take effect and be in force from and after
5 its publication in the statute book.