Session of 1999
         
HOUSE BILL No. 2389
         
By Kansas 2000 Select Committee
          
2-10
          
  9             AN  ACT concerning reorganization of the state executive department;
10             creation of a division of professional regulation within the department
11             of health and environment; functions and structure thereof; amending
12             K.S.A. 47-821, 47-822, 47-824, 47-829, 47-830, 47-840, 65-2840a, 65-
13             2865, 65-2874, 65-3506, 65-3507, 65-5904, 65-5905, 65-5907, 65-5908,
14             65-6128, 65-6502, 65-6503, 65-6507, 74-1406, 74-1504, 74-7502 and
15             74-7503 and K.S.A. 1998 Supp. 39-923, 65-1903, 65-1904, 65-1905,
16             65-1907, 65-1908, 65-2809, 65-2811, 65-2828, 65-2836, 65-2852, 65-
17             2861, 65-2896, 65-3502, 65-3503, 65-3505, 65-5902, 65-5909, 65-5911,
18             65-5913, 65-6110, 65-6111, 65-6127, 65-6129, 65-6129b, 65-6129c, 65-
19             6133, 65-6501, 65-6506, 65-6508, 65-6512, 74-1106, 74-1606, 74-
20             2702a, 74-7501 and 74-7507 and repealing the existing sections.
21      
22       Be it enacted by the Legislature of the State of Kansas:
23             New Section  1. The legislature declares that this act is necessary to
24       effect the grouping of health-related state boards and their health-related
25       professionals under one administrative division to eliminate overlapping,
26       duplication of effort and use existing resources more efficiently. It is the
27       intent of the legislature to provide for an orderly transfer of powers, duties
28       and functions of the various health-related entities to the division of pro-
29       fessional regulation with a minimum of disruption of governmental serv-
30       ices and functions and with a minimum of expense.
31             New Sec.  2. (a) There is hereby established within and as part of the
32       department of health and environment a division of professional regula-
33       tion, the head of which shall be the director of professional regulation.
34       Under the supervision of the secretary of health and environment, the
35       director of professional regulation shall administer the division of profes-
36       sional regulation. The secretary shall appoint the director of professional
37       regulation who shall serve at the pleasure of the secretary. The director
38       of professional regulation shall be in the unclassified service under the
39       Kansas civil service act and shall receive an annual salary fixed by the
40       secretary and approved by the governor.
41             (b) The director of professional regulation, after consultation with the
42       boards and professionals listed in section 5, shall adopt rules and regu-
43       lations consistent with this act necessary to carry into effect the provisions

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  1       and ministerial functions thereof, and such rules and regulations may be
  2       published and copies thereof furnished to any person upon application.
  3             (c) On and after July 1, 1999, the director of professional regulation
  4       shall be in charge of the division of professional regulation. The director
  5       shall have the powers, duties and functions to:
  6             (1) Employ necessary staff, including specialists and professionals, to
  7       assist the director in performing the duties, functions and responsibilities
  8       of the division;
  9             (2) appoint a chief attorney and other attorneys for the division who
10       shall be in the unclassified service under the Kansas civil service act;
11             (3) employ by contract and direct one or more attorneys not in the
12       employ of the state to represent the division when necessary. Such attor-
13       ney shall be paid from appropriations for division expenses;
14             (4) provide clerical and computer services for the processing of li-
15       censure and other documents for the professional boards covered under
16       section 5 of this act;
17             (5) hire investigators who upon request by a board may investigate
18       the activities of any person whose occupation or profession is regulated
19       by the laws and rules and regulations administered and enforced by the
20       division;
21             (6) subpoena witnesses, take evidence and by subpoena duces tecum
22       require the production of any books, papers, documents, records, con-
23       tracts, recordings, tapes, correspondence or information relevant to an
24       investigation upon a finding of sufficient need by the director or by such
25       person's designee;
26             (7) take administrative and judicial action against persons in violation
27       of the laws and rules and regulations administered and enforced by the
28       division, including the issuance of cease and desist orders;
29             (8) seek injunctions and temporary restraining orders to restrain
30       unauthorized activity;
31             (9) charge and collect from each board under the division 20% of the
32       yearly cost of services performed for such board;
33             (10) prepare and submit to the secretary of health and environment
34       a yearly budget for operating expenses for the division which shall not
35       include funding paid by each board of 20% of the yearly cost of services
36       performed for such board;
37             (11) prepare and submit to the governor, the secretary of health and
38       environment and the legislature an annual report of the division's oper-
39       ations, expenses, activities and goals;
40             (12) establish by rules and regulations criteria limiting the number of
41       times an applicant who fails the required examination may retake the
42       examination until the applicant has submitted evidence acceptable to the
43       board of further professional study;

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  1             (13) establish by rules and regulations after consultation with the
  2       boards, fees regarding application, licensure and reinstatement of licen-
  3       sure of professions governed under this act and for collection of those
  4       fees;
  5             (14) after consultation with the boards, establish by rules and regu-
  6       lations procedures for tracking, notifying and processing of disciplinary
  7       problems and failure to fulfill the required continuing education units for
  8       that profession;
  9             (15) create a centralized file for the collection of data regarding ap-
10       plicants for licensure in conjunction with the office of health care infor-
11       mation within the department of health and environment; and
12             (16) contract for the services of persons who are not officers or em-
13       ployees of the division to act as hearing officers on behalf of the division,
14       conducting hearings authorized by law to be conducted by a hearing of-
15       ficer designated by the director. Compensation for a person employed as
16       a hearing officer pursuant to this subsection shall be fixed by the provi-
17       sions of the contract.
18             New Sec.  3. (a) Under this act, existing health-related licensing, cer-
19       tification and registration boards, commissions and other such entities
20       shall be transferred intact to the division of professional regulation. When
21       such transfer is complete, such transferred entities shall be administered
22       under the direction and supervision of the division of professional regu-
23       lation. Such entities shall exercise their prescribed statutory powers, du-
24       ties and functions, excluding the making of rules and regulations, regard-
25       ing the rendering of findings, orders and adjudications, independently of
26       the director of professional regulation. Powers, duties and functions not
27       specifically vested by statute to the health-related entities being trans-
28       ferred to the division, including but not limited to, all budgeting, pur-
29       chasing, planning and related management functions of any transferred
30       health-related entity shall be performed under the direction and super-
31       vision of the director of professional licensing.
32             (b) Any health-related board, commission, advisory board or other
33       entity not enumerated in this act, but established by law within or as
34       advisory to an existing health-related department or board, institution or
35       other agency shall continue to exercise all its powers, duties and functions,
36       excluding the power to establish rules and regulations, within or as ad-
37       visory to such health-related department, institution or other agency after
38       transfer to the division of professional regulations.
39             (c) Proceedings for health-related professions under the division of
40       professional regulation act shall be conducted in accordance with the
41       Kansas administrative procedure act. Judicial reviews and civil enforce-
42       ment of agency actions under the division of professional regulation act
43       shall be in accordance with the act for judicial review and civil enforce-

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  1       ment of agency actions.
  2             New Sec.  4. It is the intent of the legislature that each health-related
  3       entity transferred to the division of professional regulation retain its cur-
  4       rent responsibility for approving initial and renewal of licenses, certifi-
  5       cations and registrations and its responsibility for final disciplinary actions.
  6       Such health-related entities transferred to this act shall also advise the
  7       director of professional regulation regarding the centralized administra-
  8       tion of the division and the setting of fees.
  9             New Sec.  5. The following health-related entities and professionals
10       licensed, certified or registered under them are hereby transferred to the
11       division of professional regulation:
12             (a) The board of adult care home administrators, K.S.A. 65-3502 et
13       seq., and amendments thereto;
14             (b) behavioral sciences regulatory board, K.S.A. 74-7501 et seq., and
15       amendments thereto;
16             (c) state board of cosmetology, K.S.A. 74-2701 et seq., and amend-
17       ments thereto;
18             (d) state board of healing arts, K.S.A. 65-2801 et seq., and amend-
19       ments thereto;
20             (e) board of nursing, K.S.A. 74-1106 et seq., and amendments
21       thereto;
22             (f) dental board, K.S.A. 74-1404 et seq., and amendments thereto;
23             (g) emergency medical services board, K.S.A. 65-6102 et seq., and
24       amendments thereto;
25             (h) board of examiners in optometry, K.S.A. 74-1501 et seq., and
26       amendments thereto;
27             (i) board of pharmacy, K.S.A. 74-1603 et seq., and amendments
28       thereto;
29             (j) speech-language pathology and audiology board, K.S.A. 65-6502
30       et seq., and amendments thereto;
31             (k) board of veterinary examiners, K.S.A. 47-818 et seq., and amend-
32       ments thereto;
33             (l) dietitians, K.S.A. 65-5901 et seq., and amendments thereto;
34             (m) Kansas board of barbering, K.S.A. 74-1805a et seq., and amend-
35       ments thereto;
36             (n) the state board of mortuary arts, K.S.A. 74-1701a et seq., and
37       amendments thereto;
38             (o) board of examiners for hearing aids, K.S.A. 74-5801 et seq., and
39       amendments thereto; and
40             (p) any other health-related board or professional entity that regu-
41       lates the licensing, certification or registration of a health related profes-
42       sion not expressly included in this act shall be considered to fall within
43       the provisions of this act.

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  1             New Sec.  6. (a) On July 1, 1999, officers and employees who were
  2       engaged prior to such date in the performance of powers, duties and
  3       functions of the boards designated in section 5, who in the opinion of the
  4       division of professional regulation, are necessary to perform the powers,
  5       duties and functions of the division of professional regulation shall be-
  6       come officers and employees of the division of professional regulation
  7       board and shall retain all retirement benefits and all rights of civil service
  8       which such officer or employee had before July 1, 1999, and their service
  9       shall be deemed to have been continuous. All transfers and any abolish-
10       ment of positions of personnel in the classified civil service shall be in
11       accordance with civil service laws and rules and regulations.
12             (b) All books, records and other property of the boards designated in
13       section 5, are hereby transferred to the division of professional regulation
14       on the effective date of this act.
15             (c) Whenever any conflict arises as to the proper disposition of any
16       property or records as a result of any abolishment or transfer made under
17       this act, or under authority of this act, such conflict shall be resolved by
18       the governor, and the decision of the governor shall be final.
19             New Sec.  7. Except as otherwise provided in this act, on July 1, 1999,
20       officers and employees who, immediately prior to such date, were en-
21       gaged in the performance of powers, duties or functions of the boards
22       and professions listed in section 5 of this act which are transferred by this
23       act to the division of professional regulation and who, in the opinion of
24       the are necessary to perform the powers, duties and functions of the
25       division, shall be transferred to, and shall become officers and employees
26       of the division established under this act. Any such officer or employee
27       shall retain all retirement benefits and all rights of civil service which had
28       accrued to or vested in such officer or employee prior to the effective
29       date of this section. The service of each such officer and employee so
30       transferred shall be deemed to have been continuous. All transfers and
31       any abolition of personnel positions in the classified service under the
32       Kansas civil service act shall be in accordance with civil service laws and
33       any rules and regulations adopted thereunder.
34             Sec.  8. K.S.A. 1998 Supp. 39-923 is hereby amended to read as fol-
35       lows: 39-923. (a) As used in this act:
36             (1) "Adult care home" means any nursing facility, nursing facility for
37       mental health, intermediate care facility for the mentally retarded, as-
38       sisted living facility, residential health care facility, home plus, boarding
39       care home and adult day care facility, all of which classifications of adult
40       care homes are required to be licensed by the secretary of health and
41       environment.
42             (2) "Nursing facility" means any place or facility operating 24 hours
43       a day, seven days a week, caring for six or more individuals not related

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  1       within the third degree of relationship to the administrator or owner by
  2       blood or marriage and who, due to functional impairments, need skilled
  3       nursing care to compensate for activities of daily living limitations.
  4             (3) "Nursing facility for mental health" means any place or facility
  5       operating 24 hours a day, seven days a week caring for six or more indi-
  6       viduals not related within the third degree of relationship to the admin-
  7       istrator or owner by blood or marriage and who, due to functional im-
  8       pairments, need skilled nursing care and special mental health services
  9       to compensate for activities of daily living limitations.
10             (4) "Intermediate care facility for the mentally retarded" means any
11       place or facility operating 24 hours a day, seven days a week caring for
12       six or more individuals not related within the third degree of relationship
13       to the administrator or owner by blood or marriage and who, due to
14       functional impairments caused by mental retardation or related condi-
15       tions need services to compensate for activities of daily living limitations.
16             (5) "Assisted living facility" means any place or facility caring for six
17       or more individuals not related within the third degree of relationship to
18       the administrator, operator or owner by blood or marriage and who, by
19       choice or due to functional impairments, may need personal care and
20       may need supervised nursing care to compensate for activities of daily
21       living limitations and in which the place or facility includes apartments
22       for residents and provides or coordinates a range of services including
23       personal care or supervised nursing care available 24 hours a day, seven
24       days a week for the support of resident independence. The provision of
25       skilled nursing procedures to a resident in an assisted living facility is not
26       prohibited by this act. Generally, the skilled services provided in an as-
27       sisted living facility shall be provided on an intermittent or limited term
28       basis, or if limited in scope, a regular basis.
29             (6) "Residential health care facility" means any place or facility, or a
30       contiguous portion of a place or facility, caring for six or more individuals
31       not related within the third degree or relationship to the administrator,
32       operator or owner by blood or marriage and who, by choice or due to
33       functional impairments, may need personal care and may need supervised
34       nursing care to compensate for activities of daily living limitations and in
35       which the place or facility includes individual living units and provides or
36       coordinates personal care or supervised nursing care available on a 24-
37       hour, seven-day-a-week basis for the support of resident independence.
38       The provision of skilled nursing procedures to a resident in a residential
39       health care facility is not prohibited by this act. Generally, the skilled
40       services provided in a residential health care facility shall be provided on
41       an intermittent or limited term basis, or if limited in scope, a regular
42       basis.
43             (7) "Home plus" means any residence or facility caring for not more

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  1       than five individuals not related within the third degree of relationship to
  2       the operator or owner by blood or marriage unless the resident in need
  3       of care is approved for placement by the secretary of the department of
  4       social and rehabilitation services, and who, due to functional impairment,
  5       needs personal care and may need supervised nursing care to compensate
  6       for activities of daily living limitations. The level of care provided residents
  7       shall be determined by preparation of the operator and rules and regu-
  8       lations developed by the department of health and environment.
  9             (8) "Boarding care home" means any place or facility operating 24
10       hours a day, seven days a week, caring for not more than 10 individuals
11       not related within the third degree of relationship to the operator or
12       owner by blood or marriage and who, due to functional impairment, need
13       supervision of activities of daily living but who are ambulatory and essen-
14       tially capable of managing their own care and affairs.
15             (9) "Adult day care" means any place or facility operating less than
16       24 hours a day caring for individuals not related within the third degree
17       of relationship to the operator or owner by blood or marriage and who,
18       due to functional impairment need supervision of or assistance with ac-
19       tivities of daily living.
20             (10) "Place or facility" means a building or any one or more complete
21       floors of a building, or any one or more complete wings of a building, or
22       any one or more complete wings and one or more complete floors of a
23       building, and the term "place or facility" may include multiple buildings.
24             (11) "Skilled nursing care" means services performed by or under the
25       immediate supervision of a registered professional nurse and additional
26       licensed nursing personnel. Skilled nursing includes administration of
27       medications and treatments as prescribed by a licensed physician or den-
28       tist; and other nursing functions which require substantial nursing judg-
29       ment and skill based on the knowledge and application of scientific
30       principles.
31             (12) "Supervised nursing care" means services provided by or under
32       the guidance of a licensed nurse with initial direction for nursing proce-
33       dures and periodic inspection of the actual act of accomplishing the pro-
34       cedures; administration of medications and treatments as prescribed by
35       a licensed physician or dentist and assistance of residents with the per-
36       formance of activities of daily living.
37             (13) "Resident" means all individuals kept, cared for, treated,
38       boarded or otherwise accommodated in any adult care home.
39             (14) "Person" means any individual, firm, partnership, corporation,
40       company, association or joint-stock association, and the legal successor
41       thereof.
42             (15) "Operate an adult care home" means to own, lease, establish,
43       maintain, conduct the affairs of or manage an adult care home, except

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  1       that for the purposes of this definition the word "own" and the word
  2       "lease" shall not include hospital districts, cities and counties which hold
  3       title to an adult care home purchased or constructed through the sale of
  4       bonds.
  5             (16) "Licensing agency" means the secretary of health and environ-
  6       ment any board under the direction of the division of professional
  7       regulation.
  8             (17) "Skilled nursing home" means a nursing facility.
  9             (18) "Intermediate nursing care home" means a nursing facility.
10             (19) "Apartment" means a private unit which includes, but is not
11       limited to, a toilet room with bathing facilities, a kitchen, sleeping, living
12       and storage area and a lockable door.
13             (20) "Individual living unit" means a private unit which includes, but
14       is not limited to, a toilet room with bathing facilities, sleeping, living and
15       storage area and a lockable door.
16             (21) "Operator" means an individual who operates an assisted living
17       facility or residential health care facility with fewer than 61 residents, a
18       home plus or adult day care facility and has completed a course approved
19       by the secretary of health and environment on principles of assisted living
20       and has successfully passed an examination approved by the licensing
21       agency on principles of assisted living and such other requirements as
22       may be established by the licensing agency by rules and regulations.
23             (22) "Activities of daily living" means those personal, functional ac-
24       tivities required by an individual for continued well-being, including but
25       not limited to eating, nutrition, dressing, personal hygiene, mobility,
26       toileting.
27             (23) "Personal care" means care provided by staff to assist an indi-
28       vidual with, or to perform activities of daily living.
29             (24) "Functional impairment" means an individual has experienced
30       a decline in physical, mental and psychosocial well-being and as a result,
31       is unable to compensate for the effects of the decline.
32             (25) "Kitchen" means a food preparation area that includes a sink,
33       refrigerator and a microwave oven or stove.
34             (26) The term "intermediate personal care home" for purposes of
35       those individuals applying for or receiving veterans' benefits means resi-
36       dential health care facility.
37             (b) The term "adult care home" shall not include institutions oper-
38       ated by federal or state governments, except institutions operated by the
39       Kansas commission on veterans affairs, hospitals or institutions for the
40       treatment and care of psychiatric patients, child care facilities, maternity
41       centers, hotels, offices of physicians or hospices which are certified to
42       participate in the medicare program under 42 code of federal regulations,
43       chapter IV, section 418.1 et seq. and amendments thereto and which

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  1       provide services only to hospice patients.
  2             (c) Facilities licensed under K.S.A. 39-1501 et seq. and amendments
  3       thereto or K.S.A. 75-3307b and amendments thereto or K.S.A. 39-923 as
  4       an intermediate personal care home or with license applications on file
  5       with the licensing agency as intermediate personal care homes on or be-
  6       fore January 1, 1995, shall have the option of becoming licensed as either
  7       an assisted living facility or a residential health care facility without being
  8       required to add kitchens or private baths.
  9             (d) Nursing facilities in existence on the effective date of this act
10       changing licensure categories to become residential health care facilities
11       shall be required to provide private bathing facilities in a minimum of
12       20% of the individual living units.
13             (e) Facilities licensed under the adult care home licensure act on the
14       day immediately preceding the effective date of this act shall continue to
15       be licensed facilities until the annual renewal date of such license and
16       may renew such license in the appropriate licensure category under the
17       adult care home licensure act subject to the payment of fees and other
18       conditions and limitations of such act.
19             (f) Nursing facilities with less than 60 beds converting a portion of
20       the facility to residential health care shall have the option of licensing for
21       residential health care for less than six individuals but not less than 10%
22       of the total bed count within a contiguous portion of the facility.
23             (g) The licensing agency division of professional regulation may by
24       rule and regulation change the name of the different classes of homes
25       when necessary to avoid confusion in terminology and the agency may
26       further amend, substitute, change and in a manner consistent with the
27       definitions established in this section, further define and identify the spe-
28       cific acts and services which shall fall within the respective categories of
29       facilities so long as the above categories for adult care homes are used as
30       guidelines to define and identify the specific acts.
31             Sec.  9. K.S.A. 47-821 is hereby amended to read as follows: 47-821.
32       (a) In general, but not by way of limitation, the board shall have power
33       to:
34             (1) Examine and determine the qualifications and fitness of appli-
35       cants for a license to practice veterinary medicine in this state in accord-
36       ance with K.S.A. 47-824 and 47-826, and amendments thereto.
37             (2) Inspect and register any veterinary premises pursuant to K.S.A.
38       47-840 and take any disciplinary action against the holder of a registration
39       of a premises issued pursuant to K.S.A. 47-840.
40             (3) Issue, renew, deny, limit, condition, fine, reprimand, restrict, sus-
41       pend or revoke licenses to practice veterinary medicine in this state or
42       otherwise discipline licensed veterinarians consistent with the provisions
43       of this act and the rules and regulations adopted thereunder by the di-

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  1       vision of professional regulation. The board may conduct an investigation
  2       upon an allegation by any person that any licensee has violated any pro-
  3       vision of the Kansas veterinary practice act or any rules and regulations
  4       adopted pursuant to such act by the division of professional regulation.
  5       The board may appoint request the appointment of individuals and com-
  6       mittees from the division of professional regulation to assist in any
  7       investigation.
  8             (4) Establish and Publish annually a schedule of fees authorized pur-
  9       suant to and in accordance with the provisions of K.S.A. 47-822 and
10       amendments thereto by the division of professional regulation after con-
11       sultation with the board.
12             (5) Employ full time or part time an executive director and such pro-
13       fessional, clerical and special personnel as shall be necessary to carry out
14       the provisions of this act. The board shall fix the compensation of such
15       personnel who shall be in the unclassified service under the Kansas civil
16       service act. Under the supervision of the board, the executive director
17       shall perform such duties as may be required by law or authorized by the
18       board.
19             (6) Purchase or rent necessary office space, equipment and supplies.
20             (7) Appoint from its own membership one or more members to act
21       as representatives of the board at any meeting within or without the state
22       where such representation is deemed desirable.
23             (8) Authorize any member of the board to sign complaints for the
24       bringing of proceedings in the courts for the enforcement of this act.
25             (9) Consult with the division of professional regulation which shall
26       adopt, amend or repeal rules and regulations for licensed veterinarians
27       regarding the limits of activity for assistants and registered veterinary
28       technicians who are employed under the direct or indirect supervision
29       and responsibility of a licensed veterinarian.
30             (10) Consult with the division of professional regulation which shall
31       adopt, amend or repeal such rules and regulations, not inconsistent con-
32       sistent with law, as may be necessary to carry out the purposes of this act
33       and enforce the provisions thereof.
34             (11) Have a common seal.
35             (12) Consult with the division of professional regulation which shall
36       adopt, amend or repeal rules and regulations to fix minimum standards
37       for continuing veterinary medical education, which standards shall be a
38       condition precedent to the renewal of a license under this act.
39             (13) Register any registered veterinary technician.
40             (14) Establish, by rules and regulations, upon approval of the director
41       of the division of professional regulation any committee necessary to im-
42       plement any provision of this act including, but not limited to, a contin-
43       uing education committee and a peer review committee. Such commit-

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  1       tees may be formed in conjunction with professional veterinary
  2       associations in the state. Members of such committees appointed by the
  3       board shall receive the same privileges and immunities and be charged
  4       with the same responsibilities of activity and confidentiality as established
  5       in K.S.A. 47-848 through 47-854, and amendments thereto.
  6             (15) Refer complaints to a duly formed peer review committee of a
  7       duly appointed professional association.
  8             (16) Consult with the division of professional regulation which shall
  9       establish, by rules and regulations, minimum standards for the practice
10       of veterinary medicine.
11             (17) Request the director of the division of professional regulation to
12       contract with a person or entity to perform the inspections or reinspec-
13       tions as required by K.S.A. 47-840.
14             (b) The powers of the board are granted to enable the board to ef-
15       fectively supervise the practice of veterinary medicine and are to be con-
16       strued liberally in order to accomplish such objective.
17             Sec.  10. K.S.A. 47-822 is hereby amended to read as follows: 47-822.
18       (a) The fee for an application for a license to practice veterinary medicine
19       in this state, as required by K.S.A. 47-824, and amendments thereto, shall
20       be not less than $50 nor more than $250.
21             (b) The annual fee for renewal of license required under K.S.A. 47-
22       829, and amendments thereto, shall be not less than $20 nor more than
23       $100.
24             (c) The fee for each examination for licensure as required by K.S.A.
25       47-825, and amendments thereto, shall not be less than $50 nor more
26       than $250.
27             (d) The fee for an application for registration of a registered veteri-
28       nary technician as provided in K.S.A. 47-821, and amendments thereto,
29       shall be not less than $20 nor more than $50.
30             (e) The annual fee for renewal of registration of a registered veteri-
31       nary technician as provided in K.S.A. 47-821, and amendments thereto,
32       shall be not less than $5 nor more than $25.
33             (f) The fee for an application for registration of a premises required
34       under K.S.A. 47-840, shall be not less than $50 nor more than $150.
35             (g) The fee for renewal of registration of a premises required under
36       K.S.A. 47-840 shall be not less than $10 nor more than $50.
37             (h) A late fee of no more than $50 may be assessed to a person re-
38       questing registration of a premises.
39             (i) The fee for inspection or reinspection of a premises required to
40       be registered under K.S.A. 47-840 shall be not less than $50 nor more
41       than $150.
42             (j) The board shall determine annually the amount necessary to carry
43       out and enforce the provisions of this act and shall fix by rules and reg-

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  1       ulations the fees established in this section within the limitations provided
  2       in this section.
  3             Sec.  11. K.S.A. 47-824 is hereby amended to read as follows: 47-824.
  4       (a) Any person desiring a license to practice veterinary medicine in this
  5       state shall make written application to the board on forms provided for
  6       that purpose. The application shall show that the applicant has completed
  7       five or more semesters of veterinary medicine or is a graduate of a school
  8       of veterinary medicine, as defined in K.S.A. 47-816, and amendments
  9       thereto, or a graduate of a foreign veterinary school recognized and ap-
10       proved by the board, and a person of good moral character and such
11       other information and proof as the board may require by rules and reg-
12       ulations. The application shall be accompanied by a fee in the amount
13       established and published by the board division of professional regulation
14       as provided in K.S.A. 47-822, and amendments thereto.
15             (b) If the school of veterinary medicine from which an applicant is
16       graduated is not recognized by the board, the board shall have the au-
17       thority to determine the qualifications of such graduates and to review
18       the quality of the educational experience attained by them in an unre-
19       cognized school of veterinary medicine. The board shall have the author-
20       ity to adopt rules and regulations to implement this provision. If the board
21       finds in evaluating such applicant that such applicant is deficient in qual-
22       ification or in the quality of such applicant's educational experience, the
23       board may require such applicant to fulfill such remedial or other require-
24       ments as the board, required by rules and regulations, may prescribe
25       adopted by the division of professional regulation.
26             (c) If the board determines that the applicant possesses the proper
27       qualifications, it shall admit the applicant to the next examination. If an
28       applicant is found not qualified to take the examination or for a license
29       without examination, the executive director of the board shall immedi-
30       ately notify the applicant in writing of such findings and the grounds
31       therefor. An applicant found unqualified may request a hearing on the
32       question of the applicant's qualification under the procedure set forth in
33       the Kansas administrative procedure act. Any applicant who is found not
34       qualified shall forfeit the application fee but shall be allowed the return
35       of the examination fee.
36             Sec.  12. K.S.A. 47-829 is hereby amended to read as follows: 47-829.
37       (a) All licenses shall expire annually on June 30 of each year but may be
38       renewed by registration with the board and payment of the license re-
39       newal fee established and published by the board, pursuant to the pro-
40       visions of K.S.A. 47-822, and amendments thereto. On June 1 of each
41       year, the executive director shall mail a notice to each licensed veterinar-
42       ian that the veterinarian's license will expire on June 30 and provide the
43       veterinarian with a form for license renewal.

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  1             (1) The application shall contain a statement to the effect that the
  2       applicant has not been convicted of a felony, has not been the subject of
  3       professional disciplinary action taken by any public agency in Kansas or
  4       any other state, territory or the District of Columbia, and has not violated
  5       any of the provisions of the Kansas veterinary practice act. If the applicant
  6       is unable to make that statement, the application shall contain a statement
  7       of the conviction, professional discipline or violation.
  8             (2) The board, as part of the renewal process, may make necessary
  9       inquiries of the applicant and conduct an investigation in order to deter-
10       mine if cause for disciplinary action exists.
11             (3) All licensees licensed under the Kansas veterinary practice act
12       shall make application to and pass the Kansas veterinary legal practice
13       examination.
14             (b) The payment of the renewal fee as required by this section shall
15       require the licensee to renew such license if the licensee has furnished
16       to the executive director of the board satisfactory evidence that the li-
17       censee has been in attendance at a minimum of 20 clock hours of con-
18       tinuing education courses in the art of veterinary medicine. The board
19       shall consult with the division of professional regulation which shall adopt
20       rules and regulations which establish criteria for approval of continuing
21       education programs. The burden of proof for showing the obtaining of
22       continuing education hours shall be the responsibility of the licensee. The
23       continuing education requirement shall be waived for impaired veteri-
24       narians, as defined by subsection (c) of K.S.A. 47-846, and amendments
25       thereto, and may be waived for veterinarians while they are on active duty
26       with any branch of the armed services of the United States.
27             (c) All veterinarian licenses shall expire annually and must be re-
28       newed by making application to the board and payment of the license
29       renewal fee. Any person who practices veterinary medicine after the ex-
30       piration of such person's license and willfully or by neglect fails to renew
31       such license shall be practicing in violation of this act. Any license renewal
32       application which is submitted beyond the annual renewal date shall be
33       assessed a penalty fee not to exceed $100 as established by the board
34       division of professional regulation by rules and regulations. In the event
35       that the application for renewal of any veterinarian license has not been
36       submitted within 60 days of the expiration date of such license, and after
37       notice by certified mail, return receipt requested, has been given to the
38       licensee that the renewal application fee and penalty fee is due, such
39       license shall automatically be revoked, within 10 days of return of receipt,
40       without a hearing and shall not be renewed unless such veterinarian sub-
41       mits an application for a new license and pays the license application fee
42       not to exceed $250 as established by the board division of professional
43       regulation by rules and regulations.

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  1             (d) The board, by rules and regulations adopted by the division of
  2       professional regulation, may waive the payment of the license renewal
  3       fee of a licensed veterinarian during the period when such veterinarian
  4       is on active duty with any branch of the armed services of the United
  5       States not to exceed the longer of three years or the duration of a national
  6       emergency.
  7             Sec.  13. K.S.A. 47-830 is hereby amended to read as follows: 47-830.
  8       Upon written complaint sworn to by any person, the board, after a hearing
  9       conducted in accordance with the provisions of the Kansas administrative
10       procedure act, may revoke or suspend for a time certain the license of,
11       or otherwise limit, condition, reprimand, restrict, deny a license or assess
12       a fine, not to exceed $2,000, to any licensed veterinarian for any of the
13       following reasons:
14             (a) The employment of fraud, misrepresentation or deception in ob-
15       taining a license;
16             (b) an adjudication of incapacity by a court of competent jurisdiction;
17             (c) for having professional connection with or lending one's name to
18       any illegal practitioner of veterinary medicine and the various branches
19       thereof;
20             (d) false or misleading advertising;
21             (e) conviction of a felony;
22             (f) failure to furnish to the board, upon written application by it, any
23       report or information relating to any investigation;
24             (g) employing any person practicing veterinary medicine unlawfully;
25             (h) fraud or dishonest conduct in applying, treating or reporting di-
26       agnostic biological tests of public health significance or in issuing health
27       certificates;
28             (i) failure to keep veterinary premises and equipment in a clean and
29       sanitary condition as defined by rules and regulations;
30             (j) failure to report as required by law, or making false report of any
31       contagious or infectious disease;
32             (k) dishonesty or negligence in the inspection of foodstuffs;
33             (l) conviction on a charge of cruelty or inhumane treatment to
34       animals;
35             (m) disciplinary action taken by another state, territory or district of
36       the United States on grounds other than nonpayment of registration fees;
37             (n) disclosure of any information in violation of K.S.A. 47-839, and
38       amendments thereto;
39             (o) unprofessional conduct as defined in rules and regulations
40       adopted by the board division of professional regulation includes, but is
41       not limited to, the following:
42             (1) Conviction of a charge of violating any federal statutes or any
43       statute of this state, regarding substances as defined in K.S.A. 65-4101,

HB 2389

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  1       and amendments thereto, and the record of the conviction is conclusive
  2       evidence. A plea or verdict of guilty or a conviction following a plea of
  3       nolo contendere is deemed to be a conviction within the meaning of this
  4       section. The board may order the license suspended or revoked, or assess
  5       a fine, or decline to issue a license, when the time for appeal has elapsed,
  6       or the judgment of conviction has been affirmed on appeal or when an
  7       order granting probation is made suspending the imposition of sentence;
  8             (2) the use of or prescribing for or administering to such veterinarian,
  9       any of the controlled substances as defined in K.S.A. 65-4101, and amend-
10       ments thereto, or of alcoholic beverages to the extent, or in such a manner
11       as to be dangerous or injurious to a person licensed under the Kansas
12       veterinary practice act, or to any other person or to the public, or to the
13       extent that such use impairs the ability of such person so licensed to
14       conduct with safety the practice authorized by the license;
15             (3) the conviction of more than one misdemeanor or any felony in-
16       volving the use, consumption or self-administration of any of the sub-
17       stances referred to in this section or any combination thereof and the
18       record of the conviction is conclusive evidence; a plea or verdict of guilty
19       or a conviction following a plea of nolo contendere is deemed to be a
20       conviction within the meaning of this section; the board may order the
21       license suspended or revoked or assess a fine, or may decline to issue a
22       license, when the time for appeal has elapsed or the judgment of convic-
23       tion has been affirmed on appeal or when an order granting probation is
24       made suspending imposition of sentence, allowing such person to with-
25       draw such person's plea of guilty and to enter a plea of not guilty, or
26       setting aside the verdict of guilty, or dismissing the accusation, informa-
27       tion or indictment;
28             (4) a conviction under any federal statute, or rules and regulations or
29       any of the statutes or rules and regulations of this state regarding con-
30       trolled substances; and
31             (5) violation of or attempting to violate, directly or indirectly, any
32       provision of the Kansas veterinary practice act or any rules and regulations
33       adopted pursuant to such act by the division of professional regulation;
34             (p) conviction of a crime substantially related to qualifications, func-
35       tions or duties of veterinary medicine, surgery or dentistry, in which case
36       the record of such conviction shall be conclusive evidence;
37             (q) employment of anyone but a veterinarian licensed in Kansas to
38       demonstrate the use of biologics in the treatment of animals;
39             (r) fraud, deception, negligence or incompetence in the practice of
40       veterinary medicine;
41             (s) the use, prescription or sale of any veterinary prescription drug or
42       the prescription of an extra-label use of any over-the-counter drug in the
43       absence of a valid veterinarian-client-patient relationship; or

HB 2389

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  1             (t) failing to furnish details of a patient's medical records or failing to
  2       provide a patient's radiographs to another treating veterinarian, hospital
  3       or clinic, upon the written request of an owner or owner's agent, or failing
  4       to provide the owner or owner's agent with a summary of the medical
  5       record within a reasonable period of time and upon proper request or
  6       waiver by the owner or owner's agent, or failing to comply with any other
  7       law relating to medical records.
  8             Sec.  14. K.S.A. 47-840 is hereby amended to read as follows: 47-840.
  9       (a) Any person who owns or operates any premises, including mobile
10       clinics, or any other premises where a licensed veterinarian practices or
11       where the practice of veterinary medicine occurs, shall be registered by
12       the board. Any premises in operation on July 1, 1993, shall register with
13       the board by filling out an application for registration and by paying the
14       fee established in subsection (g) of K.S.A. 47-822, and amendments
15       thereto.
16             (b) Any premises not in operation on the effective date of this act
17       shall be inspected and registered by the board prior to the opening of
18       such premises. Any existing premises changing ownership on or after the
19       effective date of this act shall be inspected and registered by the board
20       within 60 days of such change of ownership. Upon receipt of the appli-
21       cation for registration and payment of the application fee and inspection
22       fee, as established in K.S.A. 47-822, and amendments thereto, the board
23       shall cause such premises to be inspected by an authorized agent of the
24       board. The registration of the premises shall be issued if the premises
25       meet minimum standards established by board division of professional
26       regulation rules and regulations as to sanitary conditions and physical
27       plant. In lieu of the above procedure, the board may register a premises
28       which is accredited by a recognized organization whose standards are
29       found by the board to meet or to exceed the minimum standards as es-
30       tablished by board division of professional regulation rules and
31       regulations.
32             (c) Each application for a registration of the premises shall set forth
33       the name of the licensed veterinarian who will be responsible for the
34       operation and management of the premises. The registration shall not be
35       issued unless a licensed veterinarian is so named in the application. The
36       application may be denied if disciplinary action has been taken by the
37       board against the veterinarian's license.
38             (d) The board shall deny any application for a registration of the
39       premises when the inspection reveals that the premises does not meet
40       the minimum standards established by board division of professional reg-
41       ulation rules and regulations or other provisions of this act; in which event
42       the applicant shall pay the inspection fee for each additional reinspection
43       required to determine whether or not the premises has been brought into

HB 2389

17

  1       compliance with the minimum standards and other provisions of this act.
  2             (e) The board, after notice and hearing as provided for and conducted
  3       in accordance with the Kansas administrative procedure act, may revoke,
  4       suspend, place on probation, or take other disciplinary actions as author-
  5       ized under this act, against the holder of the registration of the premises
  6       if an inspection reveals that the premises does not meet the minimum
  7       standards established by board division of professional regulation rules
  8       and regulations or that the premises is being operated or managed by any
  9       person other than a licensed veterinarian whose license is in good standing
10       with the board.
11             (f) The board may cause a premises to be inspected or reinspected
12       upon receipt of a written, signed complaint that such premises is not
13       being operated, managed or maintained in accordance with the provisions
14       of this section and upon a finding by the board that there is reason to
15       believe the premises is not in compliance with the provisions of this act.
16       Nothing contained herein shall be construed as preventing the board from
17       conducting unannounced inspections of any premises without a finding
18       of reasonable cause for the purpose of ascertaining whether or not such
19       premises is in compliance with the provisions of this act.
20             (g) Application for and acceptance of a registration of the premises
21       by an applicant shall be deemed as express consent for allowing the board
22       or the board's authorized agent to conduct inspections to ensure compli-
23       ance with this act or to investigate alleged complaints. All such inspections
24       may be conducted with or without notice to the holder of the registration
25       of the premises. Inspections shall occur during normal business hours for
26       the premises. Such consent and authority is to be clearly set forth in the
27       application for registration and subscribed thereto by the applicant.
28             (h) All registrations shall expire annually and must be renewed by
29       making application to the board and payment of the registration fee. Any
30       renewal application which is submitted more than 30 days beyond the
31       annual renewal date shall be assessed a penalty fee as established by board
32       rules and regulations. In the event that application for renewal of regis-
33       tration has not been submitted within 30 days of its expiration date, and
34       after notice by certified mail, return receipt requested, has been given to
35       the holder of the registration that the renewal application and fee is due,
36       such registration of the premises shall automatically be revoked, within
37       10 days of return of receipt, without a hearing and shall not be renewed
38       unless the licensed veterinarian submits an application for a new regis-
39       tration and pays the registration and inspection fees. Any such premises
40       which has its registration automatically revoked under this subsection
41       must be reinspected prior to the issuance of a new registration.
42             (i) Satellite, outpatient or mobile small animal clinics registered pur-
43       suant to this section must state the name of the full-service veterinary

HB 2389

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  1       premises in that location providing emergency and after-hours service.
  2       Mobile clinics operating in more than one location must be registered for
  3       each separate location. If the agreement between the outpatient, satellite
  4       or mobile small animal clinic and the full-service veterinary clinic provid-
  5       ing emergency service ceases, the board must be notified immediately
  6       and a new agreement for emergency service must be provided before a
  7       new registration will be issued, unless otherwise exempted by the board
  8       upon a showing of good cause by the applicant and upon a majority vote
  9       of the board.
10             (j) Each person to whom a registration of a premises is issued shall
11       keep such registration conspicuously displayed in the premises for which
12       it is issued.
13             (k) Inspections or reinspections required under this section shall not
14       be conducted by members of the board.
15             Sec.  15. K.S.A. 1998 Supp. 65-1903 is hereby amended to read as
16       follows: 65-1903. (a) Licensed schools may be established and maintained
17       in this state where the profession of cosmetology may be taught or ac-
18       quired, under the following conditions and regulations:
19             (1) Any person may apply to the board for a license for conducting a
20       school for the teaching of the profession of cosmetology. The license shall
21       be granted by the board upon proper and sufficient showing of compe-
22       tency of the applicant and assurance of compliance by the applicant with
23       the requirements of this act, all reasonable rules and regulations adopted
24       by the board division of professional regulation for the proper conduct
25       of the school and all applicable sanitation standards adopted by the sec-
26       retary of health and environment pursuant to K.S.A. 65-1,148 and amend-
27       ments thereto. Prior to issuance of the license, the applicant shall pay to
28       the board the nonrefundable license application fee established under
29       K.S.A. 65-1904 and amendments thereto. School licenses shall be re-
30       newed before July 1 of each year by submitting an application and pay-
31       ment of the nonrefundable license renewal fee established under K.S.A.
32       65-1904 and amendments thereto. No license fee shall be required of
33       schools operating under the state board of regents or any tax-supported
34       school. Nothing in this act shall prohibit any person who is a licensed
35       electrologist, while acting as owner and manager of the person's clinic or
36       establishment, from teaching electrology in the regular course of the per-
37       son's business, but at no time shall any clinic or establishment have more
38       than one apprentice or charge tuition for its teaching services.
39             (2) Each school licensed under this subsection (a) shall remain under
40       the constant supervision of the board. Each licensed school at all times
41       shall employ and maintain a sufficient number of instructors, duly li-
42       censed in the practices they teach, to provide at least one instructor for
43       every 25 students. Each licensed school shall provide a course of training

HB 2389

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  1       requiring not less than 1,500 clock hours of instruction and practice in
  2       preparation for the profession of cosmetology covering a period of not
  3       less than nine nor more than 12 months of training for full-time students.
  4       In addition, the school may provide a course of training of 350 clock hours
  5       of instruction and practice in the profession of nail technology, and a
  6       course of training of 650 clock hours of instruction and practice in the
  7       profession of esthetics. Such course of training shall include the practices
  8       of cosmetology for all major ethnic groups residing in the state, and the
  9       board shall require by rules and regulations adopted by the division of
10       professional regulation that each school shall provide instruction for part-
11       time students who are unable to attend a full schedule of classes each
12       week because of part-time employment; enrollment in an accredited pub-
13       lic or private school of secondary education by a student who is pursuing
14       a course of study leading to a diploma from such school; enrollment in a
15       cooperative industrial training program, approved by the division of vo-
16       cational education of the state department of education, by a student who
17       is working toward an occupational objective; or the principles or tenets
18       of the student's religion preventing full-time attendance. Instruction of a
19       part-time student shall be completed by the student within 18 months
20       after the student's enrollment in the school.
21             (b) Any person who teaches the profession of cosmetology in a li-
22       censed school of cosmetology shall be required to obtain a cosmetology
23       instructor's license from the board. To qualify for a cosmetology instruc-
24       tor's license, the applicant must (1) be licensed as a cosmetologist under
25       this act, (2) have practiced as a cosmetologist for one year prior to licen-
26       sure, with 300 hours of instructor training, (3) pass a cosmetology instruc-
27       tor exam, administered by the board or the board's designee, and (4) pay
28       the nonrefundable instructor license application fee established by K.S.A.
29       65-1904 and amendments thereto. A cosmetology instructor license shall
30       be renewed every two years by furnishing satisfactory evidence that the
31       applicant, except the first renewal period following licensure for appli-
32       cants not holding a cosmetology instructor license on the effective date
33       of this act, has completed 20 clock hours of continuing education ap-
34       proved by the board in the practice of cosmetology and teaching skills
35       and methods, and by paying the nonrefundable license renewal fee es-
36       tablished by K.S.A. 65-1904 and amendments thereto.
37             (c) Licensed schools may be established and maintained in this state
38       where nail technology may be taught or acquired, under the following
39       conditions and regulations:
40             (1) Any person may apply to the board for a license for conducting a
41       school for the teaching of nail technology. The license shall be granted
42       by the board upon proper and sufficient showing of competency of the
43       applicant and assurance of compliance by the applicant with the require-

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  1       ments of this act, all reasonable rules and regulations adopted by the
  2       board division of professional regulation for the proper conduct of the
  3       school and all applicable sanitation standards adopted by the secretary of
  4       health and environment pursuant to K.S.A. 65-1,148 and amendments
  5       thereto. Prior to issuance of the license, the applicant shall pay to the
  6       board the nonrefundable license application fee established under K.S.A.
  7       65-1904 and amendments thereto. School licenses shall be renewed be-
  8       fore July 1 of each year by submitting an application and payment of the
  9       nonrefundable license renewal fee established under K.S.A. 65-1904 and
10       amendments thereto. No license fee shall be required of schools oper-
11       ating under the state board of regents or any tax-supported school.
12             (2) Each school licensed under this subsection (c) shall remain under
13       the constant supervision of the board. Each licensed school at all times
14       shall employ and maintain a sufficient number of instructors, duly li-
15       censed in the practices they teach, to provide at least one instructor for
16       every 25 students. Each licensed school shall provide a course of training
17       requiring not less than 350 clock hours of instruction and practice in
18       preparation for the profession of manicurist. The board shall require by
19       rules and regulations adopted by the division of professional regulation
20       that each school shall provide instruction for part-time students who are
21       unable to attend a full schedule of classes each week because of part-time
22       employment; enrollment in an accredited public or private school of sec-
23       ondary education by a student who is pursuing a course of study leading
24       to a diploma from such school; enrollment in a cooperative industrial
25       training program, approved by the division of vocational education of the
26       state department of education, by a student who is working toward an
27       occupational objective; or the principles or tenets of the student's religion
28       preventing full-time attendance. Instruction of all students shall be com-
29       pleted by the student within six months after the student's enrollment in
30       the school.
31             (d) Any person who teaches nail technology in a licensed school of
32       cosmetology or nail technology shall be required to obtain a manicuring
33       instructor's license from the board, unless the person holds a valid cos-
34       metology instructor's license issued under subsection (b). To qualify for
35       a manicuring instructor's license, the applicant must (1) be licensed as a
36       cosmetologist or manicurist under this act, (2) have practiced as a mani-
37       curist or cosmetologist for one year prior to licensure, with 300 hours of
38       instructor training, (3) pass a manicuring instructor exam, administered
39       by the board or the board's designee and (4) pay a nonrefundable instruc-
40       tor license application fee established by K.S.A. 65-1904 and amendments
41       thereto. A manicuring instructor license shall expire every two years and
42       shall be renewed by furnishing satisfactory evidence that the applicant,
43       except the first renewal period following licensure for applicants not hold-

HB 2389

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  1       ing a manicuring instructor license on the effective date of this act, has
  2       completed 20 clock hours of continuing education, approved by the
  3       board, in the practice of manicuring and teaching skills and methods and
  4       paying the nonrefundable license renewal fee established by K.S.A. 65-
  5       1904 and amendments thereto.
  6             (e) Licensed schools may be established and maintained in this state
  7       where the profession of esthetics may be taught or acquired, under the
  8       following conditions and regulations:
  9             (1) Any person may apply to the board for a license for conducting a
10       school for the teaching of the profession of esthetics. The license shall be
11       granted by the board upon proper and sufficient showing of competency
12       of the applicant and assurance of compliance by the applicant with the
13       requirements of this act, all reasonable rules and regulations adopted by
14       the board division of professional regulation for proper conduct of the
15       school and all applicable sanitation standards adopted by the secretary of
16       health and environment pursuant to K.S.A. 65-1,148 and amendments
17       thereto. Prior to issuance of the license, the applicant shall pay to the
18       board the nonrefundable license application fee established under K.S.A.
19       65-1904 and amendments thereto. School licenses shall be renewed be-
20       fore July 1 of each year by submitting an application and payment of the
21       nonrefundable license renewal fee established under K.S.A. 65-1904 and
22       amendments thereto. No license fee shall be required of schools oper-
23       ating under the state board of regents or any tax-supported school.
24             (2) Each school licensed under this subsection (e) shall remain under
25       the constant supervision of the board. Each licensed school at all times
26       shall employ and maintain a sufficient number of instructors, duly li-
27       censed in the practices they teach, to provide at least one full-time in-
28       structor for every 25 students. Each licensed school shall provide a course
29       of training requiring not less than 650 clock hours of instruction and
30       practice in esthetics.
31             (f) Any person who teaches esthetics in a licensed school of cosme-
32       tology or esthetics shall be required to obtain an esthetics instructor's
33       license from the board, unless the person holds a valid cosmetology in-
34       structor's license issued under subsection (b). To qualify for an esthetics
35       instructor's license, the applicant must (1) be licensed as a cosmetologist
36       or esthetician under this act, (2) have practiced as an esthetician or cos-
37       metologist for one year prior to licensure, with 300 hours of instructor
38       training, (3) pass an esthetician instructor exam, administered by the
39       board or the board's designee and (4) pay a nonrefundable license appli-
40       cation fee established by K.S.A. 65-1904 and amendments thereto. An
41       esthetics instructor license shall expire every two years and shall be re-
42       newed by furnishing satisfactory evidence that the applicant, except the
43       first renewal period following licensure for applicants not holding an es-

HB 2389

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  1       thetics instructor license on the effective date of this act, has completed
  2       20 clock hours of continuing education, approved by the board, in the
  3       practice of esthetics and teaching skills and methods and by paying the
  4       nonrefundable license renewal fee established by K.S.A. 65-1904 and
  5       amendments thereto.
  6             (g) Licensed schools may be established and maintained in this state
  7       where the profession of electrology may be taught or acquired, under the
  8       following conditions and regulations:
  9             (1) Any person may apply to the board for a license for conducting a
10       school for the teaching of the profession of electrology. The license shall
11       be granted by the board upon proper and sufficient showing of compe-
12       tency of the applicant and assurance of compliance by the applicant with
13       the requirements of this act, all reasonable rules and regulations adopted
14       by the board division of professional regulation for the proper conduct
15       of the school and all applicable sanitation standards adopted by the sec-
16       retary of health and environment pursuant to K.S.A. 65-1,148 and amend-
17       ments thereto. Prior to issuance of the license, the applicant shall pay to
18       the board the nonrefundable license application fee established under
19       K.S.A. 65-1904 and amendments thereto. School licenses shall be re-
20       newed before July 1 of each year by submitting an application and pay-
21       ment of the nonrefundable license renewal fee established under K.S.A.
22       65-1904 and amendments thereto. No license fee shall be required of
23       schools operating under the state board of regents or any tax-supported
24       school. Nothing in this act shall prohibit any person who is a licensed
25       instructor of electrology or who is and has been for at least three years a
26       licensed electrologist, while acting as owner and manager of the person's
27       salon, clinic or establishment, from teaching electrology in the regular
28       course of the person's business, but at no time shall any salon, clinic or
29       establishment have more than one apprentice or charge tuition for its
30       teaching services.
31             (2) Each school licensed under this subsection (e) shall remain under
32       the constant supervision of the board. Each licensed school at all times
33       shall employ and maintain a sufficient number of instructors, duly li-
34       censed in the practices they teach, to provide at least one full-time in-
35       structor for every four students. Each licensed school shall provide a
36       course of training requiring not less than 500 clock hours of instruction
37       and practice in electrology covering a period of not less than four months
38       of training for full-time students and not less than eight months of training
39       for part-time students.
40             (h) Any person who teaches electrology in a licensed school of cos-
41       metology or electrology shall be required to obtain an electrology instruc-
42       tor's license from the board. To qualify for an electrology instructor's
43       license, the applicant must (1) be licensed as an electrologist under this

HB 2389

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  1       act, (2) have practiced as an electrologist for one year prior to licensure,
  2       with 300 hours of instructor training, (3) pass an electrology instructor
  3       exam, administered by the board or the board's designee and (4) pay a
  4       nonrefundable instructor license application fee established under K.S.A.
  5       65-1904 and amendments thereto. Electrology instructor licenses shall
  6       expire every two years and may be renewed by furnishing satisfactory
  7       evidence that the applicant, except the first renewal period following li-
  8       censure for applicants not holding an electrology instructor license on the
  9       effective date of this act, has completed 20 clock hours of continuing
10       education, approved by the board, in the practice and teaching of elec-
11       trology and paying the nonrefundable license renewal fee established un-
12       der K.S.A. 65-1904 and amendments thereto. To teach in a licensed salon,
13       the electrologist is issued a license for the period of training for the stu-
14       dent. To qualify they must: (1) Be a licensed practicing electrologist for
15       a three-year period and (2) pay a nonrefundable instructor license appli-
16       cation fee established under K.S.A. 65-1904 and amendments thereto.
17             (i) The board shall consult with division of professional regulation
18       which may adopt through rules and regulations a curriculum for cosme-
19       tology, nail technology, esthetics and electrology instructor training to be
20       provided in a licensed school of cosmetology.
21             (j) The board director of the division of professional regulation may
22       provide by rules and regulations that instructor licenses may expire less
23       than two years from the date of issuance in order for the expiration date
24       of the instructor license to correspond with the expiration date of the
25       individual's license to practice cosmetology, nail technology, esthetics or
26       electrology. In each case in which an instructor license is issued for a
27       period of time of less than two years, the board shall prorate the instructor
28       license application fee from the month of the date of application to the
29       month of the date of expiration of the license to practice cosmetology,
30       nail technology, esthetics or electrology.
31             Sec.  16. K.S.A. 1998 Supp. 65-1904 is hereby amended to read as
32       follows: 65-1904. (a) Unless revoked for cause, all licenses of cosmetol-
33       ogists, cosmetology technicians, estheticians, electrologists and manicur-
34       ists issued or renewed by the board shall expire on the expiration dates
35       established by rules and regulations adopted by the board director of the
36       division of professional regulation under this section. Subject to the other
37       provisions of this subsection, each such license shall be renewable on a
38       biennial basis upon the filing of a renewal application prior to the expi-
39       ration of the license, payment of the nonrefundable license renewal fee
40       established under this section and with renewal applications filed on and
41       after July 1, 2000, the filing of a successfully completed written renewal
42       examination prescribed by the board under this subsection. For renewal
43       applications filed on and after July 1, 2000, the board shall prescribe a

HB 2389

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  1       written renewal examination for each classification of licensee under this
  2       subsection which will test the applicant's understanding of the laws re-
  3       lating to the practice for which the applicant holds a license, will test the
  4       applicant's understanding of health and sanitation matters relating to the
  5       practice for which the applicant holds a license and will test the under-
  6       standing of the applicant about safety matters relating to the practice for
  7       which the applicant holds a license. The board shall fix the score for the
  8       successful completion of a written renewal examination. The board shall
  9       develop an information booklet to be sent to an applicant for renewal of
10       a license along with the written renewal examination. The information
11       booklet shall contain information on the subjects to be tested on the
12       written renewal examination and shall be provided to the applicant along
13       with the written renewal examination at least 30 days prior to the date on
14       which the renewal application is to be filed. The written renewal exami-
15       nation may be prepared by the applicant with the use of the information
16       booklet. The board shall report to the 1999 session of the legislature the
17       progress made by the board in developing an information booklet and a
18       written renewal examination.
19             (b) Any cosmetologist's, cosmetology technician's, esthetician's, elec-
20       trologist's or manicurist's license may be renewed by the applicant within
21       six months after the date of expiration of the applicant's last license upon
22       submission of proof, satisfactory to the board, of the applicant's qualifi-
23       cations to renew practice as a cosmetologist, cosmetology technician, es-
24       thetician, electrologist or manicurist, and payment of the applicable non-
25       refundable renewal fee and delinquent fee prescribed pursuant to this
26       section. Any applicant whose license as a cosmetologist, cosmetology tech-
27       nician, esthetician, electrologist or manicurist has expired for more than
28       six months may obtain a license in the same manner and on payment of
29       the same nonrefundable fees as provided for an applicant for an original
30       license.
31             (c) Any applicant for a license other than a renewal license shall make
32       a verified application to the board on such forms as the board may require
33       and, upon payment of the license application fee and the examination fee
34       shall be examined by the board or their appointees and shall be issued a
35       license, if found to be duly qualified to practice the profession of cos-
36       metologist, esthetician, electrologist or manicurist.
37             (d) The board director of the division of professional regulation after
38       consulting with the board is hereby authorized to adopt rules and regu-
39       lations fixing the amount of nonrefundable fees for the following items
40       and to charge and collect the amounts so fixed, subject to the following
41       limitations:
42       Cosmetologist license application fee, for two years--not more than $60
43       Cosmetologist license renewal fee 60

HB 2389

25

1       Delinquent cosmetologist renewal fee 25
2       Cosmetology technician license renewal fee, for two years--not more than 35
3       Delinquent cosmetology technician renewal fee 25
4       Electrologist license application fee, for two years--not more than 35
5       Electrologist license renewal fee 35
6       Delinquent electrologist renewal fee 25
7       Manicurist license application fee, for two years--not more than 30
8       Manicurist license renewal fee 30
9       Delinquent manicurist renewal fee 25
10       Esthetician license application fee, for two years--not more than 30
11       Esthetician license renewal fee 30
12       Delinquent esthetician renewal fee 25
13       Any apprentice license application fee--not more than 15
14       New school license application fee 150
15       School license renewal fee--not more than 75
16       Delinquent school license fee--not more than 50
17       New cosmetology services salon or electrology clinic license application fee--notmore than 50
18       Cosmetology services salon or electrology clinic license renewal fee--not morethan 30
19       Delinquent cosmetology services salon or electrology clinic renewal fee 30
20       Cosmetologist's examination--not more than 50
21       Electrologist's examination--not more than 50
22       Manicurist's examination--not more than 50
23       Esthetician examination--not more than 50
24       Instructor's examination--not more than 75
25       Reciprocity application fee--not more than 50
26       Verification of licensure 20
27       Any duplicate of license 25
28       Instructor's license application fee, for two years--not more than 75
29       Renewal of instructor's license fee 50
30       Delinquent instructor's renewal fee--not more than 75
31       Temporary permit fee 15
32       Statutes and regulations book 5
33             (e) Whenever the board determines that the total amount of revenue
34       derived from the fees collected pursuant to this section is insufficient to
35       carry out the purposes for which the fees are collected, the board director
36       of the division of professional regulation may amend its rules and regu-
37       lations to increase the amount of the fee, except that the amount of the
38       fee for any item shall not exceed the maximum amount authorized by this
39       subsection. Whenever the amount of fees collected pursuant to this sec-
40       tion provides revenue in excess of the amount necessary to carry out the
41       purposes for which such fees are collected, it shall be the duty of the

HB 2389

26

  1       director of the division of professional regulation after being informed of
  2       the excess by the board to decrease the amount of the fee for one or more
  3       of the items listed in this subsection by amending the rules and regula-
  4       tions which fix the fees.
  5             (f) Any person who failed to obtain a renewal license while in the
  6       armed forces of the United States shall be entitled to a renewal license
  7       upon filing application and paying the nonrefundable renewal fee for the
  8       current year during which the person has been discharged on and after
  9       July 1, 1996
10             (g) Any person who was formerly licensed as a cosmetologist, a cos-
11       metology technician, an esthetician, an electrologist or a manicurist and
12       whose license expired on or after July 1, 1996, and was not renewed may
13       obtain reinstatement of the license until July 1, 1999, upon application to
14       the board and upon payment of the applicable delinquent renewal fee.
15             (h) Any person who is currently licensed as a cosmetologist, cosme-
16       tology technician, esthetician, electrologist or manicurist on inactive status
17       shall be deemed licensed on active status. Upon application for renewal
18       of the license as provided in rules and regulations, the person shall be
19       issued a license which does not indicate inactive status. Prior to applica-
20       tion for renewal of the license and upon request to the board, such person
21       may obtain a license which does not indicate inactive status.
22             (i) From and after the effective date of this act, there shall be no
23       continuing education requirement imposed by the board upon any person
24       who was formerly or is currently licensed as a cosmetologist, cosmetology
25       technician, esthetician, electrologist or manicurist as a condition of rein-
26       statement or renewal of the person's license to practice.
27             Sec.  17. K.S.A. 1998 Supp. 65-1905 is hereby amended to read as
28       follows: 65-1905. (a) All examinations held or conducted by the board
29       shall be in accordance with rules and regulations adopted by the board
30       director of the division of professional regulation. The examinations shall
31       include practical and written tests, except that examinations to qualify for
32       an instructor's license shall be limited to written tests.
33             (b) Each applicant for licensure by examination shall:
34             (1) Be at least 17 years of age and a graduate of an accredited high
35       school, or equivalent thereof;
36             (2) submit to the board verification of date of birth;
37             (3) submit to the board a written statement from a person licensed
38       to practice medicine and surgery under the laws of any state showing that
39       the applicant is free from contagious and infectious diseases; and
40             (4) have served as an apprentice for the period of time provided by
41       K.S.A. 65-1912.
42             (c) Any person making application who apparently possesses the nec-
43       essary qualifications to take an examination provided herein, upon appli-

HB 2389

27

  1       cation and payment of the nonrefundable temporary permit fee, may be
  2       issued a temporary permit by the board to practice cosmetology until the
  3       next regular examination conducted by the board.
  4             Sec.  18. K.S.A. 1998 Supp. 65-1907 is hereby amended to read as
  5       follows: 65-1907. The chairperson, with the approval of the board, shall
  6       employ inspectors to inspect schools, salons and clinics and the inspectors
  7       shall perform all of the inspection duties of the board, as required by this
  8       act, rules and regulations of the board division of professional regulation
  9       and sanitation standards adopted by the secretary of health and environ-
10       ment pursuant to K.S.A. 65-1,148 and amendments thereto. The board
11       shall provide training to the inspectors to enable the inspectors to provide
12       current information to school, salon and clinic personnel regarding
13       requirements of applicable statutes and regulations. It shall be the duty
14       of the board to determine the number of hours and practice work re-
15       quired of students in each subject of cosmetology, nail technology, es-
16       thetics and electrology taught in a licensed school.
17             Sec.  19. K.S.A. 1998 Supp. 65-1908 is hereby amended to read as
18       follows: 65-1908. (a) The state board of cosmetology may revoke any
19       license provided for by this act, may censure, limit or condition any license
20       or may refuse to issue, renew or suspend any license or assess a fine, not
21       to exceed $1,000 per violation, for any of the following reasons:
22             (1) Failure to comply with the sanitary requirements prescribed by
23       the secretary of health and environment pursuant to K.S.A. 65-1,148 and
24       amendments thereto;
25             (2) failure to comply with any provision of this act, with the rules and
26       regulations of the board of cosmetology division of professional regulation
27       or with any order issued by the board;
28             (3) has become a danger to the public by reason of alcohol or drug
29       abuse;
30             (4) conviction of a felony unless the applicant or licensee is able to
31       demonstrate to the board's satisfaction that such person has been suffi-
32       ciently rehabilitated to warrant the public trust;
33             (5) the obtaining of, or the attempt to obtain, a license by fraudulent
34       misrepresentation or bribery;
35             (6) advertising by means of false or knowingly deceptive matter or
36       statement;
37             (7) failure to display the annual license or inspection report as pro-
38       vided for in this act; or
39             (8) being found guilty of gross negligence or unprofessional conduct
40       as defined by rules and regulations of the board division of professional
41       regulation.
42             (b) The board may order the remedying of any violations of rules and
43       regulations of the board division of professional regulation or any provi-

HB 2389

28

  1       sion of this act, and the board may issue a cease and desist order upon
  2       board determination that the holder of a license has violated any order
  3       of the board, any rules and regulations of the board division of profes-
  4       sional regulation or any provision of this act.
  5             (c) Inspectors employed by the board director of the division of pro-
  6       fessional regulation shall have such powers as the board may prescribe
  7       by rules and regulations to make inspections, investigations, and inquiries
  8       upon request by the board, inspect, investigate and inquire into any ac-
  9       tivity the board may require, except that a permanent order for closing
10       any establishment licensed by the board shall be issued only by the board
11       director.
12             (d) All proceedings under this section shall be conducted in accord-
13       ance with the provisions of the Kansas administrative procedure act.
14             Sec.  20. K.S.A. 1998 Supp. 65-2809 is hereby amended to read as
15       follows: 65-2809. (a) The license shall expire on the date established by
16       rules and regulations of the board division of professional regulation
17       which may provide renewal throughout the year on a continuing basis. In
18       each case in which a license is renewed for a period of time of less than
19       one year, the board may prorate the amount of the fee established under
20       K.S.A. 65-2852 and amendments thereto. The request for renewal shall
21       be on a form provided by the board and shall be accompanied by the
22       prescribed fee, which shall be paid not later than the expiration date of
23       the license.
24             (b) Except as otherwise provided in this section, the board shall re-
25       quire every licensee in the active practice of the healing arts within the
26       state to submit evidence of satisfactory completion of a program of con-
27       tinuing education required by the board. The requirements for continuing
28       education for licensees of each branch of the healing arts shall be estab-
29       lished by rules and regulations adopted by the board division of profes-
30       sional regulation.
31             (c) The board, prior to renewal of a license, shall require the licensee,
32       if in the active practice of the healing arts within the state, to submit to
33       the board evidence satisfactory to the board that the licensee is maintain-
34       ing a policy of professional liability insurance as required by K.S.A. 40-
35       3402 and amendments thereto and has paid the annual premium sur-
36       charge as required by K.S.A. 40-3404 and amendments thereto.
37             (d) At least 30 days before the expiration of a licensee's license, the
38       board shall notify the licensee of the expiration by mail addressed to the
39       licensee's last mailing address as noted upon the office records. If the
40       licensee fails to pay the annual fee by the date of the expiration of the
41       license, the licensee shall be given a second notice that the licensee's
42       license has expired, that the license will be deemed canceled if not re-
43       newed within 30 days following the date of expiration, that upon receipt

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  1       of the annual fee and an additional fee established by rules and regulations
  2       of the board division of professional regulation not to exceed $500 within
  3       the thirty-day period the license will not be canceled and that, if both
  4       fees are not received within the thirty-day period, the license shall be
  5       deemed canceled by operation of law and without further proceedings.
  6             (e) Any license canceled for failure to renew may be reinstated within
  7       two years of cancellation upon recommendation of the board and upon
  8       payment of the renewal fees then due and upon proof of compliance with
  9       the continuing educational requirements established by the board divi-
10       sion of professional regulation by rules and regulations. Any person who
11       has not been in the active practice of the branch of the healing arts for
12       which reinstatement is sought or who has not been engaged in a formal
13       educational program during the two years preceding the application for
14       reinstatement may be required to complete such additional testing, train-
15       ing or education as the board may deem necessary to establish the li-
16       censee's present ability to practice with reasonable skill and safety.
17             (f) There is hereby created a designation of exempt license. The
18       board is authorized to issue an exempt license to any licensee who makes
19       written application for such license on a form provided by the board and
20       remits the fee for an exempt license established pursuant to K.S.A. 65-
21       2852 and amendments thereto. The board may issue an exempt license
22       to a person who is not regularly engaged in the practice of the healing
23       arts in Kansas and who does not hold oneself out to the public as being
24       professionally engaged in such practice. An exempt license shall entitle
25       the holder to all privileges attendant to the branch of the healing arts for
26       which such license is issued. Each exempt license may be renewed an-
27       nually subject to the provisions of this section. Each exempt licensee shall
28       be subject to all provisions of the healing arts act, except as otherwise
29       provided in this subsection (f). The holder of an exempt license shall not
30       be required to submit evidence of satisfactory completion of a program
31       of continuing education required by this section. Each exempt licensee
32       may apply for a license to regularly engage in the practice of the appro-
33       priate branch of the healing arts upon filing a written application with
34       the board. The request shall be on a form provided by the board and
35       shall be accompanied by the license fee established pursuant to K.S.A.
36       65-2852 and amendments thereto. For the licensee whose license has
37       been exempt for less than two years, the board division of professional
38       regulation shall adopt rules and regulations establishing appropriate con-
39       tinuing education requirements for exempt licensees to become licensed
40       to regularly practice the healing arts within Kansas. Any licensee whose
41       license has been exempt for more than two years and who has not been
42       in the active practice of the healing arts or engaged in a formal educational
43       program since the license has been exempt may be required to complete

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  1       such additional testing, training or education as the board may deem
  2       necessary to establish the licensee's present ability to practice with rea-
  3       sonable skill and safety. Nothing in this subsection (f) shall be construed
  4       to prohibit a person holding an exempt license from serving as a coroner
  5       or as a paid employee of (1) a local health department as defined by K.S.A.
  6       65-241 and amendments thereto, or (2) an indigent health care clinic as
  7       defined by K.S.A. 75-6102 and amendments thereto.
  8             (g) There is hereby created a designation of inactive license. The
  9       board is authorized to issue an inactive license to any licensee who makes
10       written application for such license on a form provided by the board and
11       remits the fee for an inactive license established pursuant to K.S.A. 65-
12       2852 and amendments thereto. The board may issue an inactive license
13       only to a person who is not regularly engaged in the practice of the healing
14       arts in Kansas, who does not hold oneself out to the public as being
15       professionally engaged in such practice and who meets the definition of
16       inactive health care provider as defined in K.S.A. 40-3401 and amend-
17       ments thereto. An inactive license shall not entitle the holder to practice
18       the healing arts in this state. Each inactive license may be renewed an-
19       nually subject to the provisions of this section. Each inactive licensee shall
20       be subject to all provisions of the healing arts act, except as otherwise
21       provided in this subsection (g). The holder of an inactive license shall not
22       be required to submit evidence of satisfactory completion of a program
23       of continuing education required by K.S.A. 65-2809 and amendments
24       thereto. Each inactive licensee may apply for a license to regularly engage
25       in the practice of the appropriate branch of the healing arts upon filing
26       a written application with the board. The request shall be on a form
27       provided by the board and shall be accompanied by the license fee es-
28       tablished pursuant to K.S.A. 65-2852 and amendments thereto. For those
29       licensees whose license has been inactive for less than two years, the
30       board division of professional regulation shall adopt rules and regulations
31       establishing appropriate continuing education requirements for inactive
32       licensees to become licensed to regularly practice the healing arts within
33       Kansas. Any licensee whose license has been inactive for more than two
34       years and who has not been in the active practice of the healing arts or
35       engaged in a formal education program since the licensee has been in-
36       active may be required to complete such additional testing, training or
37       education as the board may deem necessary to establish the licensee's
38       present ability to practice with reasonable skill and safety.
39             (h) There is hereby created a designation of federally active license.
40       The board is authorized to issue a federally active license to any licensee
41       who makes written application for such license on a form provided by the
42       board and remits the same fee required for a license established under
43       K.S.A. 65-2852 and amendments thereto. The board may issue a federally

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  1       active license only to a person who meets all the requirements for a license
  2       to practice the healing arts in Kansas and who practices that branch of
  3       the healing arts solely in the course of employment or active duty in the
  4       United States government or any of its departments, bureaus or agencies
  5       or who, in addition to such employment or assignment, provides profes-
  6       sional services as a charitable health care provider as defined under K.S.A.
  7       75-6102 and amendments thereto. The provisions of subsections (b), (d)
  8       and (e) of this section relating to continuing education, expiration and
  9       renewal of a license shall be applicable to a federally active license issued
10       under this subsection. A person who practices under a federally active
11       license shall not be deemed to be rendering professional service as a
12       health care provider in this state for purposes of K.S.A. 40-3402 and
13       amendments thereto.
14             Sec.  21. K.S.A. 1998 Supp. 65-2811 is hereby amended to read as
15       follows: 65-2811. (a) The board may issue a temporary permit to practice
16       the appropriate branch of the healing arts to any person who has made
17       proper application for a license by endorsement, has the required quali-
18       fications for such license and has paid the prescribed fees, and such per-
19       mit, when issued, shall authorize the person receiving the permit to prac-
20       tice within the limits of the permit until the license is issued or denied
21       by the board, but no more than one such temporary permit shall be issued
22       to any one person without the approval of 23 of the members of the board.
23             (b) The board may issue a postgraduate permit to practice the ap-
24       propriate branch of the healing arts to any person who is engaged in a
25       full time, approved postgraduate training program; has made proper ap-
26       plication for such postgraduate permit upon forms approved by the board;
27       meets all qualifications of licensure, except the examinations required
28       under K.S.A. 65-2873 and amendments thereto and postgraduate train-
29       ing, as required by this act; has paid the prescribed fees established by
30       the board for such postgraduate permit; has passed such examinations in
31       the basic and clinical sciences approved under rules and regulations
32       adopted by the board division of professional regulation; and, if the per-
33       son is a graduate of a foreign medical school, has passed an examination
34       given by the educational commission for foreign medical graduates.
35             (c) The postgraduate permit issued under subsection (b), when is-
36       sued, shall be valid for a period not to exceed 36 months and shall au-
37       thorize the person receiving the permit to practice the appropriate branch
38       of the healing arts in the postgraduate training program while continu-
39       ously so engaged but shall not authorize the person receiving the permit
40       to engage in the private practice of the healing arts.
41             (d) A postgraduate permit issued under subsection (b) shall be can-
42       celed if:
43             (1) The holder thereof ceases to be engaged in the postgraduate train-

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  1       ing program; or
  2             (2) the holder thereof has engaged in the practice of the healing arts
  3       outside of the postgraduate training program.
  4             Sec.  22. K.S.A. 1998 Supp. 65-2828 is hereby amended to read as
  5       follows: 65-2828. (a) The board division of professional regulation shall
  6       adopt rules and regulations designating the examinations required under
  7       K.S.A. 65-2873 and amendments thereto and the passing grade on each
  8       examination.
  9             (b) Any applicant who fails any examination required under K.S.A.
10       65-2873 and amendments thereto may have a reexamination in accord-
11       ance with criteria established by rules and regulations of the board divi-
12       sion of professional regulation, which criteria may limit the number of
13       times an applicant may retake the examination until the applicant has
14       submitted evidence acceptable to the board of further professional study.
15             Sec.  23. K.S.A. 1998 Supp. 65-2836 is hereby amended to read as
16       follows: 65-2836. A licensee's license may be revoked, suspended or lim-
17       ited, or the licensee may be publicly or privately censured, or an appli-
18       cation for a license or for reinstatement of a license may be denied upon
19       a finding of the existence of any of the following grounds:
20             (a) The licensee has committed fraud or misrepresentation in apply-
21       ing for or securing an original, renewal or reinstated license.
22             (b) The licensee has committed an act of unprofessional or dishon-
23       orable conduct or professional incompetency.
24             (c) The licensee has been convicted of a felony or class A misde-
25       meanor, whether or not related to the practice of the healing arts.
26             (d) The licensee has used fraudulent or false advertisements.
27             (e) The licensee is addicted to or has distributed intoxicating liquors
28       or drugs for any other than lawful purposes.
29             (f) The licensee has willfully or repeatedly violated this act, the phar-
30       macy act of the state of Kansas or the uniform controlled substances act,
31       or any rules and regulations adopted pursuant thereto, or any rules and
32       regulations of the secretary of health and environment division of pro-
33       fessional regulation which are relevant to the practice of the healing arts.
34             (g) The licensee has unlawfully invaded the field of practice of any
35       branch of the healing arts in which the licensee is not licensed to practice.
36             (h) The licensee has engaged in the practice of the healing arts under
37       a false or assumed name, or the impersonation of another practitioner.
38       The provisions of this subsection relating to an assumed name shall not
39       apply to licensees practicing under a professional corporation or other
40       legal entity duly authorized to provide such professional services in the
41       state of Kansas.
42             (i) The licensee has the inability to practice the branch of the healing
43       arts for which the licensee is licensed with reasonable skill and safety to

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  1       patients by reason of illness, alcoholism, excessive use of drugs, controlled
  2       substances, chemical or any other type of material or as a result of any
  3       mental or physical condition. In determining whether or not such inability
  4       exists, the board, upon reasonable suspicion of such inability, shall have
  5       authority to compel a licensee to submit to mental or physical examination
  6       or drug screen, or any combination thereof, by such persons as the board
  7       may designate. To determine whether reasonable suspicion of such ina-
  8       bility exists, the investigative information shall be presented to the board
  9       as a whole, to a review committee of professional peers of the licensee
10       established pursuant to K.S.A. 65-2840c and amendments thereto or to
11       a committee consisting of the officers of the board elected pursuant to
12       K.S.A. 65-2818 and amendments thereto and the executive director ap-
13       pointed pursuant to K.S.A. 65-2878 and amendments thereto, and the
14       determination shall be made by a majority vote of the entity which re-
15       viewed the investigative information. Information submitted to the board
16       as a whole or a review committee of peers or a committee of the officers
17       and executive director of the board and all reports, findings and other
18       records shall be confidential and not subject to discovery by or release to
19       any person or entity. The licensee shall submit to the board a release of
20       information authorizing the board to obtain a report of such examination
21       or drug screen, or both. A person affected by this subsection shall be
22       offered, at reasonable intervals, an opportunity to demonstrate that such
23       person can resume the competent practice of the healing arts with rea-
24       sonable skill and safety to patients. For the purpose of this subsection,
25       every person licensed to practice the healing arts and who shall accept
26       the privilege to practice the healing arts in this state by so practicing or
27       by the making and filing of an annual renewal to practice the healing arts
28       in this state shall be deemed to have consented to submit to a mental or
29       physical examination or a drug screen, or any combination thereof, when
30       directed in writing by the board and further to have waived all objections
31       to the admissibility of the testimony, drug screen or examination report
32       of the person conducting such examination or drug screen, or both, at
33       any proceeding or hearing before the board on the ground that such
34       testimony or examination or drug screen report constitutes a privileged
35       communication. In any proceeding by the board pursuant to the provi-
36       sions of this subsection, the record of such board proceedings involving
37       the mental and physical examination or drug screen, or any combination
38       thereof, shall not be used in any other administrative or judicial
39       proceeding.
40             (j) The licensee has had a license to practice the healing arts revoked,
41       suspended or limited, has been censured or has had other disciplinary
42       action taken, or an application for a license denied, by the proper licensing
43       authority of another state, territory, District of Columbia, or other coun-

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  1       try, a certified copy of the record of the action of the other jurisdiction
  2       being conclusive evidence thereof.
  3             (k) The licensee has violated any lawful rule and regulation promul-
  4       gated by the board division of professional regulation or violated any
  5       lawful order or directive of the board previously entered by the board.
  6             (l) The licensee has failed to report or reveal the knowledge required
  7       to be reported or revealed under K.S.A. 65-28,122 and amendments
  8       thereto.
  9             (m) The licensee, if licensed to practice medicine and surgery, has
10       failed to inform a patient suffering from any form of abnormality of the
11       breast tissue for which surgery is a recommended form of treatment, of
12       alternative methods of treatment specified in the standardized summary
13       supplied by the board. The standardized summary shall be given to each
14       patient specified herein as soon as practicable and medically indicated
15       following diagnosis, and this shall constitute compliance with the require-
16       ments of this subsection. The board shall develop and distribute to per-
17       sons licensed to practice medicine and surgery a standardized summary
18       of the alternative methods of treatment known to the board at the time
19       of distribution of the standardized summary, including surgical, radiolog-
20       ical or chemotherapeutic treatments or combinations of treatments and
21       the risks associated with each of these methods. Nothing in this subsection
22       shall be construed or operate to empower or authorize the board to re-
23       strict in any manner the right of a person licensed to practice medicine
24       and surgery to recommend a method of treatment or to restrict in any
25       manner a patient's right to select a method of treatment. The standard-
26       ized summary shall not be construed as a recommendation by the board
27       of any method of treatment. The preceding sentence or words having the
28       same meaning shall be printed as a part of the standardized summary.
29       The provisions of this subsection shall not be effective until the stan-
30       dardized written summary provided for in this subsection is developed
31       and printed and made available by the board to persons licensed by the
32       board to practice medicine and surgery.
33             (n) The licensee has cheated on or attempted to subvert the validity
34       of the examination for a license.
35             (o) The licensee has been found to be mentally ill, disabled, not guilty
36       by reason of insanity, not guilty because the licensee suffers from a mental
37       disease or defect or incompetent to stand trial by a court of competent
38       jurisdiction.
39             (p) The licensee has prescribed, sold, administered, distributed or
40       given a controlled substance to any person for other than medically ac-
41       cepted or lawful purposes.
42             (q) The licensee has violated a federal law or regulation relating to
43       controlled substances.

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  1             (r) The licensee has failed to furnish the board, or its investigators or
  2       representatives, any information legally requested by the board.
  3             (s) Sanctions or disciplinary actions have been taken against the li-
  4       censee by a peer review committee, health care facility, a governmental
  5       agency or department or a professional association or society for acts or
  6       conduct similar to acts or conduct which would constitute grounds for
  7       disciplinary action under this section.
  8             (t) The licensee has failed to report to the board any adverse action
  9       taken against the licensee by another state or licensing jurisdiction, a peer
10       review body, a health care facility, a professional association or society, a
11       governmental agency, by a law enforcement agency or a court for acts or
12       conduct similar to acts or conduct which would constitute grounds for
13       disciplinary action under this section.
14             (u) The licensee has surrendered a license or authorization to practice
15       the healing arts in another state or jurisdiction, has surrendered the au-
16       thority to utilize controlled substances issued by any state or federal
17       agency, has agreed to a limitation to or restriction of privileges at any
18       medical care facility or has surrendered the licensee's membership on any
19       professional staff or in any professional association or society while under
20       investigation for acts or conduct similar to acts or conduct which would
21       constitute grounds for disciplinary action under this section.
22             (v) The licensee has failed to report to the board surrender of the
23       licensee's license or authorization to practice the healing arts in another
24       state or jurisdiction or surrender of the licensee's membership on any
25       professional staff or in any professional association or society while under
26       investigation for acts or conduct similar to acts or conduct which would
27       constitute grounds for disciplinary action under this section.
28             (w) The licensee has an adverse judgment, award or settlement
29       against the licensee resulting from a medical liability claim related to acts
30       or conduct similar to acts or conduct which would constitute grounds for
31       disciplinary action under this section.
32             (x) The licensee has failed to report to the board any adverse judg-
33       ment, settlement or award against the licensee resulting from a medical
34       malpractice liability claim related to acts or conduct similar to acts or
35       conduct which would constitute grounds for disciplinary action under this
36       section.
37             (y) The licensee has failed to maintain a policy of professional liability
38       insurance as required by K.S.A. 40-3402 or 40-3403a and amendments
39       thereto.
40             (z) The licensee has failed to pay the annual premium surcharge as
41       required by K.S.A. 40-3404 and amendments thereto.
42             (aa) The licensee has knowingly submitted any misleading, deceptive,
43       untrue or fraudulent representation on a claim form, bill or statement.

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  1             (bb) The licensee as the responsible physician for a physician's assis-
  2       tant has failed to adequately direct and supervise the physician's assistant
  3       in accordance with K.S.A. 65-2896 to 65-2897a, inclusive, and amend-
  4       ments thereto, or rules and regulations adopted under such statutes.
  5             (cc) The licensee has assisted suicide in violation of K.S.A. 21-3406
  6       as established by any of the following:
  7             (A) A copy of the record of criminal conviction or plea of guilty for a
  8       felony in violation of K.S.A. 21-3406 and amendments thereto.
  9             (B) A copy of the record of a judgment of contempt of court for
10       violating an injunction issued under K.S.A. 1998 Supp. 60-4404 and
11       amendments thereto.
12             (C) A copy of the record of a judgment assessing damages under
13       K.S.A. 1998 Supp. 60-4405 and amendments thereto.
14             Sec.  24. K.S.A. 65-2840a is hereby amended to read as follows: 65-
15       2840a. The state board of healing arts shall after notifying and consulting
16       with the division of professional regulation appoint a disciplinary counsel,
17       who shall not otherwise be an attorney for the board, with the duties set
18       out in this act. The disciplinary counsel shall be an attorney admitted to
19       practice law in the state of Kansas. The disciplinary counsel after con-
20       sulting with the division of professional regulation shall have the power
21       and the duty request the aid of a division investigator to investigate or
22       cause to be investigated all matters involving professional incompetency,
23       unprofessional conduct or any other matter which may result in discipli-
24       nary action against a licensee pursuant to K.S.A. 65-2836 through 65-
25       2844, and amendments thereto. In the performance of these duties, the
26       disciplinary counsel may apply to any court having power the director of
27       the division to issue subpoenas for an order to require by subpoena the
28       attendance of any person or by subpoena duces tecum the production of
29       any records for the purpose of the production of any information perti-
30       nent to an investigation. Subject to approval by the state board of healing
31       arts, the disciplinary counsel shall employ may request from the division
32       the services of clerical and other staff necessary to carry out the duties of
33       the disciplinary counsel. The state board of healing arts division of pro-
34       fessional regulation may adopt rules and regulations necessary to allow
35       the disciplinary counsel to properly perform the functions of such position
36       under this act.
37             Sec.  25. K.S.A. 1998 Supp. 65-2852 is hereby amended to read as
38       follows: 65-2852. The following fees shall be established by the rules and
39       regulations adopted by the director of the division of professional regu-
40       lation after consultation with the board by rules and regulations and such
41       fees shall be collected by the board:
42             (a) For a license, issued upon the basis of an examination given by
43       the board, in a sum of not more than $300;

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  1             (b) for a license, issued without examination and by endorsement, in
  2       a sum of not more than $300;
  3             (c) for a license, issued upon a certificate from the national boards,
  4       in a sum of not more than $300;
  5             (d) for the annual renewal of a license, the sum of not more than
  6       $300;
  7             (e) for a temporary permit, in a sum of not more than $60;
  8             (f) for an institutional license, in a sum of not more than $300;
  9             (g) for a visiting professor temporary license, in a sum of not more
10       than $50;
11             (h) for a certified statement from the board that a licensee is licensed
12       in this state, the sum of not more than $30;
13             (i) for any copy of any license issued by the board, the sum of not
14       more than $30;
15             (j) for any examination given by the board, a sum in an amount equal
16       to the cost to the board of the examination;
17             (k) for application for and issuance of a special permit under K.S.A.
18       65-2811a and amendments thereto, the sum of not more than $60;
19             (l) for an exempt or inactive license or renewal of an exempt or in-
20       active license, the sum of not more than $150;
21             (m) for conversion of an exempt or inactive license to a license to
22       practice the healing arts, the sum of not more than $300;
23             (n) for reinstatement of a revoked license, in a sum of not more than
24       $1,000;
25             (o) for a visiting clinical professor license, or renewal of a visiting
26       clinical professor license, in a sum of not more than $300;
27             (p) for a postgraduate permit in a sum of not more than $60;
28             (q) for a limited permit or renewal of a limited permit, the sum of
29       not more than $60; and
30             (r) for a written verification of any license or permit, the sum of not
31       more than $25.
32             Sec.  26. K.S.A. 1998 Supp. 65-2861 is hereby amended to read as
33       follows: 65-2861. Any person who swears falsely in any affidavit or oral
34       testimony made or given by virtue of the provisions of this act or the rules
35       and regulations of the board division of professional regulations shall be
36       deemed guilty of a severity level 9, nonperson felony.
37             Sec.  27. K.S.A. 65-2865 is hereby amended to read as follows: 65-
38       2865. The board division of professional regulation shall promulgate all
39       necessary rules and regulations, not inconsistent consistent herewith, for
40       carrying out the provisions of this act, which rules and regulations shall
41       include standards for the dispensing of drugs by persons licensed to prac-
42       tice medicine and surgery. It may also adopt rules and regulations sup-
43       plementing any of the provisions herein contained but not inconsistent

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  1       consistent with this act. All rules and regulations promulgated and
  2       adopted by the board division shall be filed with the secretary of state as
  3       required by law.
  4             Sec.  28. K.S.A. 65-2874 is hereby amended to read as follows: 65-
  5       2874. (a) An accredited school of medicine for the purpose of this act
  6       shall be a school or college which requires the study of medicine and
  7       surgery in all of its branches, which the board shall determine to have a
  8       standard of education substantially equivalent to the university of Kansas
  9       school of medicine. All such schools shall be approved by the board.
10             (b) The board division of professional regulation after consultation
11       with the board shall adopt rules and regulations establishing the criteria
12       which a school shall satisfy in meeting the standard established under
13       subsection (a). The criteria shall establish the minimum standards in the
14       following areas:
15             (1) Admission requirements;
16             (2) basic science coursework;
17             (3) clinical coursework;
18             (4) qualification of faculty;
19             (5) ratio of faculty to students;
20             (6) library;
21             (7) clinical facilities;
22             (8) laboratories;
23             (9) equipment;
24             (10) specimens;
25             (11) financial qualifications; and
26             (12) accreditation by independent agency.
27             (c) The board may send a questionnaire developed by the board to
28       any school for which the board does not have sufficient information to
29       determine whether the school meets the requirements of this statute or
30       rules and regulations adopted pursuant to this statute. The questionnaire
31       providing the necessary information shall be completed and returned to
32       the board in order for the school to be considered for approval.
33             (d) The board is authorized to contract with investigative agencies,
34       commissions or consultants to assist the board in obtaining information
35       about schools. In entering such contracts the authority to approve schools
36       shall remain solely with the board.
37             Sec.  29. K.S.A. 1998 Supp. 65-2896 is hereby amended to read as
38       follows: 65-2896. (a) The state board of healing arts shall maintain a reg-
39       ister of the names of physicians' assistants registered in accordance with
40       the provisions of K.S.A. 65-2896a and amendments thereto.
41             (b) All registrations, except temporary registration, shall expire on the
42       date of expiration established by rules and regulations of the state board
43       of healing arts division of professional regulation and may be renewed

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  1       annually upon request of the registrant. The request for renewal shall be
  2       on a form provided by the state board of healing arts and shall be accom-
  3       panied by the renewal fee established pursuant to this section, which shall
  4       be paid not later than the expiration date of the registration.
  5             (c) At least 30 days before the expiration of the registration of a phy-
  6       sician assistant, except temporary registration, the state board of healing
  7       arts shall notify the registrant of the expiration by mail addressed to the
  8       registrant's last place of residence as noted upon the office records of the
  9       board. If the registrant fails to pay the renewal fee by the date of expi-
10       ration of the registration, the registrant shall be given a second notice
11       that the registrant's registration has expired and the registration may be
12       renewed only if the renewal fee and the late renewal fee are received by
13       the state board of healing arts within the 30-day period following the date
14       of expiration and that, if both fees are not received within the 30-day
15       period, the registration shall be considered to have lapsed for failure to
16       renew and shall be reissued only after the physician assistant has been
17       reinstated under subsection (d).
18             (d) Any registrant who allows the registrant's registration to lapse by
19       failing to renew as herein provided may be reinstated upon recommen-
20       dation of the state board of healing arts and upon payment of the renewal
21       fee and the reinstatement fee and upon submitting evidence of satisfac-
22       tory completion of any applicable continuing education requirements es-
23       tablished by the board. The board division of professional regulation shall
24       adopt rules and regulations establishing appropriate continuing education
25       requirements for reinstatement of persons whose registrations with the
26       board have lapsed for failure to renew.
27             (e) The following fees shall be fixed by rules and regulations adopted
28       by the state board of healing arts division and shall be collected by the
29       board:
30             (1) For registration as a physician assistant, the sum of not more than
31       $200;
32             (2) for temporary registration as a physician assistant, the sum of not
33       more than $30;
34             (3) for the renewal of registration as a physician assistant, the sum of
35       not more than $150;
36             (4) for the late renewal of registration as a physician assistant, the
37       sum of not more than $250;
38             (5) for reinstatement of a physician assistant whose name has been
39       removed from the register, the sum of not more than $250;
40             (6) for a certified statement from the board that a physician assistant
41       is registered in this state, the sum of not more than $30;
42             (7) for a copy of the registration certificate of a physician assistant,
43       the sum of not more than $25; and

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  1             (8) for written verification of any registration, the sum of not more
  2       than $25.
  3             (f) The state board of healing arts shall remit all moneys received by
  4       or for the board under the provisions of this act to the state treasurer and
  5       such money shall be deposited in the state treasury, credited to the state
  6       general fund and the healing arts fee fund and expended all in accordance
  7       with K.S.A. 65-2855 and amendments thereto.
  8             (g) The division of professional regulation after consultation with the
  9       state board of healing arts may adopt rules and regulations necessary to
10       carry out the provisions of this act and the act of which this section is
11       amendatory.
12             Sec.  30. K.S.A. 1998 Supp. 65-3502 is hereby amended to read as
13       follows: 65-3502. From and after the effective date of this act, no adult
14       care home in the state shall be operated unless it is under the supervision
15       of an administrator who holds a currently valid adult care home admin-
16       istrator's license issued pursuant to this act. No person shall practice or
17       offer to practice adult care home administration in this state or use any
18       title, sign, card or device to indicate that the person is an adult care home
19       administrator, unless such person shall have been duly licensed as an adult
20       care home administrator as required by this act. The division of profes-
21       sional regulation after consultation with the board may authorize, by rules
22       and regulations, the issuance of a temporary license as an adult care home
23       administrator in the event of an emergency to be effective for a period
24       of 60 days. The temporary license fee shall be fixed by rules and regula-
25       tions. Such temporary license may be extended for two consecutive sixty-
26       day periods of time, but in no case shall a temporary license be maintained
27       in effect for a period of time greater than 180 days.
28             Sec.  31. K.S.A. 1998 Supp. 65-3503 is hereby amended to read as
29       follows: 65-3503. (a) It shall be the duty of the board to:
30             (1) Develop, impose and enforce standards which shall be met by
31       individuals in order to receive a license as an adult care home adminis-
32       trator, which standards shall be designed to ensure that adult care home
33       administrators will be individuals who are of good character and are oth-
34       erwise suitable, and who, by training or experience in the field of insti-
35       tutional administration, are qualified to serve as adult care home
36       administrators;
37             (2) develop examinations and investigations for determining whether
38       an individual meets such standards;
39             (3) issue licenses to individuals who meet such standards, and revoke
40       or suspend licenses issued by the board or reprimand, censure or oth-
41       erwise discipline a person holding any such license as provided under
42       K.S.A. 65-3508 and amendments thereto;
43             (4) establish and carry out procedures designed to ensure that indi-

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  1       viduals licensed as adult care home administrators comply with the
  2       requirements of such standards; and
  3             (5) receive, investigate and take appropriate action under K.S.A. 65-
  4       3505 and amendments thereto and rules and regulations adopted by the
  5       division of professional regulation after consultation with the board with
  6       respect to any charge or complaint filed with the board to the effect that
  7       any person licensed as an adult care home administrator may be subject
  8       to disciplinary action under K.S.A. 65-3505 and 65-3508 and amendments
  9       thereto.
10             (b) The division after consultation with the board shall also have the
11       power to make rules and regulations, not inconsistent consistent with law,
12       as may be necessary for the proper performance of its duties, and to have
13       subpoenas issued pursuant to K.S.A. 60-245 and amendments thereto in
14       the board's exercise of its power and to take such other actions as may
15       be necessary to enable the state to meet the requirements set forth in
16       section 1908 of the social security act, the federal rules and regulations
17       promulgated thereunder and other pertinent federal authority.
18             (c) The division after consultation with the board shall fix by rules
19       and regulations the licensure fee, temporary license fee, renewal fee, late
20       renewal fee, reinstatement fee, reciprocity fee and sponsorship fee and,
21       if necessary, an examination fee under this act. Such fees shall be fixed
22       in an amount to cover the costs of administering the provisions of the act.
23       No fee shall be more than $200. The secretary of health and environment
24       division shall remit all moneys received from fees, charges or penalties
25       under this act to the state treasurer at least monthly. Upon receipt of each
26       such remittance, the state treasurer shall deposit the entire amount
27       thereof in the state treasury and credit the same to the state general fund.
28             (d) The board upon request shall receive from the Kansas bureau of
29       investigation, without charge, such criminal history record information
30       relating to criminal convictions as necessary for the purpose of determin-
31       ing initial and continuing qualifications of licensees of and applicants for
32       licensure by the board.
33             Sec.  32. K.S.A. 1998 Supp. 65-3505 is hereby amended to read as
34       follows: 65-3505. (a) Every individual who holds a valid license as an
35       administrator issued by the board shall apply to the board for renewal of
36       such license in accordance with rules and regulations adopted by the
37       board division of professional regulation and report any facts requested
38       by the board on forms provided for such purpose.
39             (b) Upon making an application for a renewal of license, such indi-
40       vidual shall pay a renewal fee to be fixed by rules and regulations and
41       shall submit evidence satisfactory to the board that during the period
42       immediately preceding application for renewal the applicant has attended
43       a program or course of study as provided by the rules and regulations of

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  1       governing the board. Any individual who submits an application for a
  2       renewal of license within 30 days after the date of expiration shall also
  3       pay a late renewal fee fixed by rules and regulations. Any individual who
  4       submits an application for a renewal of license after the thirty-day period
  5       following the date of expiration shall be considered as having a license
  6       that has lapsed for failure to renew and shall be reissued a license only
  7       after the individual has been reinstated under subsection (d).
  8             (c) Upon receipt of such application for renewal of license, the re-
  9       newal fee and the evidence required, the board shall issue a license to
10       such administrator.
11             (d) An administrator who has been duly licensed in this state, whose
12       license has not been revoked or suspended, and whose license has expired
13       because of temporary abandonment of the practice of nursing home ad-
14       ministration, or has moved from the state, or for such other reason, may
15       be licensed within the state upon complying with the provisions of this
16       section for renewal of license, filing with the board an application, and
17       submission of a renewal fee and reinstatement fee fixed by rules and
18       regulations.
19             (e) Notwithstanding the foregoing provisions of this section, the
20       board may enter into reciprocal relations with boards of other states or
21       endorse the training acquired by an applicant whereby licenses may be
22       granted, without examination and upon payment of a licensure fee and a
23       reciprocity fee, to duly licensed administrators from other states, provided
24       the requirements for licensure of the state from which the applicant ap-
25       plies are as high as those in Kansas and the applicant is favorably rec-
26       ommended, in writing, by the board of the state in which the applicant
27       is licensed.
28             (f) The expiration date of each license issued or renewed shall be
29       established by rules and regulations of the board adopted by the division
30       of professional regulation. Subject to the provisions of this subsection
31       each license shall be renewable on a biennial basis upon the filing of a
32       renewal application prior to the expiration date of the license and upon
33       payment of the renewal fee established pursuant to rules and regulations
34       of governing the board. To provide for a system of biennial renewal of
35       licenses the board division may provide by rules and regulations that
36       licenses issued or renewed for the first time after the effective date of
37       this act may expire less than two years from the date of issuance or re-
38       newal. In each case in which a license is issued or renewed for a period
39       of time less than two years, the board shall prorate to the nearest whole
40       month the license or renewal fee established pursuant to rules and reg-
41       ulations. No proration shall be made under this subsection (f) on delin-
42       quent license renewals or on temporary licenses.
43             Sec.  33. K.S.A. 65-3506 is hereby amended to read as follows: 65-

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  1       3506. (a) There is hereby established the board of adult care home ad-
  2       ministrators. The board shall be attached to the department of health and
  3       environment division of professional regulation and shall be within the
  4       department division as a part thereof. All budgeting, purchasing and re-
  5       lated management functions of the board shall be administered under the
  6       direction and supervision of the secretary of health and environment di-
  7       rector of the division of professional regulations. The department division
  8       shall serve as the administrative and enforcement agency of the board in
  9       all respects and shall perform such services and duties as it may be legally
10       called upon to perform. All vouchers for expenditures and all payrolls of
11       the board shall be approved by the chairperson of the board and by the
12       secretary of health and environment director of the division of profes-
13       sional regulation.
14             (b) The board of adult care home administrators shall be composed
15       of seven members appointed by the secretary of health and environment,
16       three of whom are representatives of professions and institutions con-
17       cerned with the care and treatment of chronically ill or infirm elderly
18       patients, two consumer representatives who have no current or previous
19       involvement in the financial affairs or as a member of the governing body
20       of any adult care home or any association directly concerned with the
21       regulation or licensure of adult care homes in the state and two adult care
22       home administrators who, at the time of their appointment, are licensed
23       by the state and are actively engaged in the administration of adult care
24       homes within the state. No more than three members of the board may
25       be licensed administrators. Members of the board, other than the licensed
26       administrators, shall have no direct financial interest in adult care homes.
27       Members of the board shall serve on the board for terms of two years or
28       until otherwise disqualified from serving on the board, except two of the
29       members first appointed shall serve on the board for terms of one year
30       and thereafter, upon the expiration of such one year terms, successors
31       shall be appointed in the same manner as the original appointments for
32       terms of two years.
33             (c) Members of the board of adult care home administrators shall
34       meet at such times as may be appropriate but in no case less than once
35       each four months. The chairperson of the board shall be elected annually
36       from among the members of the board. All final orders shall be in writing
37       and shall be signed by the chairperson and approved by the board.
38             (d) Members of the board who attend meetings of such board, or
39       attend a subcommittee meeting thereof authorized by such board, shall
40       be paid compensation, subsistence allowances, mileage and other ex-
41       penses as provided in K.S.A. 75-3223, and amendments thereto.
42             Sec.  34. K.S.A. 65-3507 is hereby amended to read as follows: 65-
43       3507. (a) All of the powers, duties and functions of the secretary of health

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  1       and environment division of professional regulation granted by K.S.A. 65-
  2       3501 to 65-3505, inclusive, relating to the licensure and registration of
  3       skilled nursing home administrators, are transferred to and conferred and
  4       imposed upon the board of adult care home administrators established
  5       by K.S.A. 65-3506, except as otherwise provided by this act.
  6             (b) Whenever the secretary of health and environment or the de-
  7       partment of health and environment, or words of like effect, is referred
  8       to or designated by a contract or other document executed pursuant to
  9       the powers, duties and functions granted to the secretary of health and
10       environment division of professional regulation by K.S.A. 65-3501 to 65-
11       3505, inclusive, such reference or designation shall be deemed to apply
12       to the board of adult care home administrators established by K.S.A. 65-
13       3506.
14             (c) All rules and regulations and all orders or directives of the sec-
15       retary of health and environment adopted in administering the powers,
16       duties and functions granted to such secretary by K.S.A. 65-3501 to 65-
17       3505, inclusive, and in existence on the effective date of this act shall
18       continue to be effective and shall be deemed to be the rules and regu-
19       lations and orders or directives of the board of adult care home admin-
20       istrators created by K.S.A. 65-3506, until revised, amended, repealed or
21       nullified pursuant to law.
22             Sec.  35. K.S.A. 1998 Supp. 65-5902 is hereby amended to read as
23       follows: 65-5902. For the purposes of this act:
24             (a) "Secretary" means the secretary of health and environment "Di-
25       vision" means the division of professional regulation.
26             (b) "Department" means the department of health and environment
27       "Director" means the director of the division of professional regulation.
28             (c) "Licensed dietitian" means a person licensed under this act.
29             (d) "Dietetics practice" means the integration and application of prin-
30       ciples derived from the sciences of nutrition, biochemistry, food, physi-
31       ology, management and behavioral and social sciences to achieve and
32       maintain the health of people through:
33             (1) Assessing the nutritional needs of clients;
34             (2) establishing priorities, goals and objectives that meet nutritional
35       needs of clients; and
36             (3) advising and assisting individuals or groups on appropriate nutri-
37       tional intake by integrating information from a nutritional assessment with
38       information on food and other sources of nutrients and meal preparation.
39             (e) "Nutritional assessment" means the evaluation of the nutritional
40       needs of clients based upon appropriate biochemical, anthropometric,
41       physical and dietary data to determine nutrient needs and recommend
42       appropriate nutritional intake including enteral and parenteral nutrition.
43             (f) "Dietitian" means a person engaged in dietetics practice.

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  1             (g) "Sponsor" means entities approved by the secretary of health and
  2       environment division of professional regulation to provide continuing ed-
  3       ucation programs or courses on an ongoing basis under this act and in
  4       accordance with any rules and regulations promulgated by the secretary
  5       division of professional regulation in accordance with this act.
  6             Sec.  36. K.S.A. 65-5904 is hereby amended to read as follows: 65-
  7       5904. The secretary director may adopt rules and regulations necessary
  8       for the implementation of this act including, but not limited to, setting
  9       standards for approval of courses of study under this act, setting standards
10       for approval of planned, continuous programs of dietetic experience and
11       establishing procedures for the examination of applicants. No rule and
12       regulation shall be adopted which would limit the sale of food products
13       or food supplements by health food stores or others.
14             Sec.  37. K.S.A. 65-5905 is hereby amended to read as follows: 65-
15       5905. The secretary director may contract with investigative agencies,
16       commissions or consultants to assist the secretary director in obtaining
17       information about courses of study to be approved by the secretary under
18       K.S.A. 65-5906.
19             Sec.  38. K.S.A. 65-5907 is hereby amended to read as follows: 65-
20       5907. (a) A temporary license to practice as a dietitian may be issued by
21       the secretary director upon the filing of an application, payment of the
22       required application fee and submission of evidence of successful com-
23       pletion of the education requirements for licensure under this act.
24             (b) The temporary license shall expire six months from the date of
25       issuance. The temporary license may be renewed for one period of not
26       to exceed six months if the secretary determines that the applicant has
27       failed to become licensed within the original period and if the applicant
28       has paid the required renewal fee.
29             Sec.  39. K.S.A. 65-5908 is hereby amended to read as follows: 65-
30       5908. For one year beginning on the date the rules and regulations first
31       adopted under this act become effective, the secretary director shall waive
32       the examination requirement and grant a license to a person who pays
33       the renewal fee and who:
34             (a) Meets the educational requirements set forth by this act and has
35       completed a planned, continuous program of dietetic experience ap-
36       proved by the secretary of not less than 900 clock hours on or before July
37       1, 1989 1999; or
38             (b) meets the educational requirements and on the effective date of
39       this act has been employed in dietetics practice for at least three of the
40       five years immediately preceding July 1, 1989 1999.
41             Sec.  40. K.S.A. 1998 Supp. 65-5909 is hereby amended to read as
42       follows: 65-5909. (a) Licenses may be renewed upon payment of the re-
43       quired renewal fee and successful completion of not more than 15 hours

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  1       of continuing education during the licensure period as specified by the
  2       secretary director by rules and regulations.
  3             (b) At least 30 days before the expiration of the license, the secretary
  4       director shall notify the licensee of the expiration by mail addressed to
  5       the licensee's last place of residence as noted upon the office records. If
  6       the licensee fails to submit an application and fee by the date of expiration
  7       of the license, the licensee shall be given a second notice that the license
  8       has expired and the license may only be renewed if the application, re-
  9       newal fee and late renewal fee are received by the secretary director
10       within the thirty-day period following the date of expiration and, if the
11       application and both fees are not received within the thirty-day period,
12       the license shall be considered to have lapsed for failure to renew and
13       shall be reissued only after the applicant has been reinstated under sub-
14       section (c).
15             (c) Any licensee who allows the licensee's license to lapse by failing
16       to renew as herein provided may be reinstated upon payment of the
17       renewal fee and the reinstatement fee and upon submitting evidence of
18       satisfactory completion of any applicable continuing education require-
19       ments established by the secretary director for reinstatement of persons
20       whose licenses have lapsed for failure to renew. The secretary division
21       shall adopt rules and regulations establishing appropriate continuing ed-
22       ucation requirements for reinstatement of persons whose licenses have
23       lapsed for failure to renew.
24             Sec.  41. K.S.A. 1998 Supp. 65-5911 is hereby amended to read as
25       follows: 65-5911. (a) The secretary director may deny, refuse to renew,
26       suspend or revoke a license where the licensee or applicant:
27             (1) Has obtained, or attempted to obtain, a license by means of fraud,
28       misrepresentation or concealment of material facts;
29             (2) has been guilty of unprofessional conduct as defined by rules and
30       regulations adopted by the secretary division;
31             (3) has been found guilty of a crime found by the secretary director
32       to have a direct bearing on whether such person should be entrusted to
33       serve the public in the capacity of a dietitian;
34             (4) is mentally ill or physically disabled to an extent that impairs the
35       individual's ability to engage in the practice of dietetics;
36             (5) has used any advertisement or solicitation which is false, mislead-
37       ing or deceptive to the general public or persons to whom the advertise-
38       ment or solicitation is primarily directed;
39             (6) has violated any lawful order or rule and regulation of the secre-
40       tary director; or
41             (7) has violated any provision of this act.
42             (b) Such denial, refusal to renew, suspension or revocation of a li-
43       cense may be ordered by the secretary director after notice and hearing

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  1       on the matter in accordance with the provisions of the Kansas adminis-
  2       trative procedure act.
  3             (c) A person whose license has been revoked may apply to the sec-
  4       retary division for reinstatement. The secretary director shall have dis-
  5       cretion to accept or reject an application for reinstatement and may hold
  6       a hearing to consider such reinstatement. An applicant for reinstatement
  7       shall submit a reinstatement application and a reinstatement fee estab-
  8       lished by the secretary division and fulfill the requirements established
  9       under subsection (c) of K.S.A. 65-5909 and amendments thereto.
10             Sec.  42. K.S.A. 1998 Supp. 65-5913 is hereby amended to read as
11       follows: 65-5913. The secretary director shall fix by rules and regulations
12       fees for applications for and renewal of licenses, temporary licenses, ex-
13       amination fees, late renewal fees, reinstatement and sponsorship fees un-
14       der this act. Such fees shall be fixed in an amount to cover the costs of
15       administering the provisions of this act. No fee shall be more than $200.
16       The secretary director shall remit all moneys received from fees, charges
17       or penalties under this act to the state treasurer at least monthly. Upon
18       receipt of each such remittance the state treasurer shall deposit the entire
19       amount thereof in the state treasury and credit the same to the state
20       general fund.
21             Sec.  43. K.S.A. 1998 Supp. 65-6110 is hereby amended to read as
22       follows: 65-6110. (a) The board division of professional regulation shall
23       adopt any rules and regulations necessary for the regulation of ambulance
24       services. Such rules and regulations shall include: (1) A classification of
25       the different types of ambulance services; (2) requirements as to equip-
26       ment necessary for ambulances and rescue vehicles; (3) qualifications and
27       training of attendants, instructor-coordinators and training officers; (4)
28       requirements for the licensure and renewal of licensure for ambulances
29       and rescue vehicles; (5) records and equipment to be maintained by op-
30       erators, instructor-coordinators, training officers, providers of training
31       and attendants; and (6) such other matters as the board deems necessary
32       to implement and administer the provisions of this act.
33             (b) The provisions of this act shall not apply to rescue vehicles op-
34       erated by a fire department.
35             Sec.  44. K.S.A. 1998 Supp. 65-6111 is hereby amended to read as
36       follows: 65-6111. The emergency medical services board shall:
37             (a) Adopt any rules and regulations necessary to carry out the pro-
38       visions of this act;
39             (b) (a) review and approve the allocation and expenditure of moneys
40       appropriated for emergency medical services;
41             (c) (b) conduct hearings for all regulatory matters concerning am-
42       bulance services, attendants, instructor-coordinators, training officers and
43       providers of training;

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  1             (d) (c) submit a budget to the legislature for the operation of the
  2       board;
  3             (e) (d) develop a state plan for the delivery of emergency medical
  4       services;
  5             (f) (e) enter into contracts as may be necessary to carry out the duties
  6       and functions of the board under this act;
  7             (g) (f) review and approve all requests for state and federal funding
  8       involving emergency medical services projects in the state or delegate
  9       such duties to the administrator;
10             (h) (g) approve all training programs for attendants, instructor-coor-
11       dinators and training officers and prescribe application fees by rules and
12       regulations adopted by the division of professional regulation;
13             (i) (h) approve methods of examination for certification of attendants,
14       training officers and instructor-coordinators and prescribe examination
15       fees by rules and regulations adopted by the division of professional
16       regulation;
17             (j) (i) appoint a medical consultant for the board. Such person shall
18       be a person licensed to practice medicine and surgery and shall be active
19       in the field of emergency medical services; and
20             (k) (j) approve providers of training by prescribing standards and
21       requirements by consistent with the rules and regulations adopted by the
22       division and withdraw or modify such approval in accordance with the
23       Kansas administrative procedures act and the rules and regulations of the
24       board division.
25             Sec.  45. K.S.A. 1998 Supp. 65-6127 is hereby amended to read as
26       follows: 65-6127. (a) Application for a permit to operate an ambulance
27       service shall be made to the board by the operator of the ambulance
28       service upon forms provided by the administrator and shall be accom-
29       panied by a permit fee which shall be a base amount plus an amount for
30       each vehicle used by such operator in such operator's ambulance service
31       and which shall be fixed by rules and regulations of the board division of
32       professional regulation to cover all or any part of the cost of regulation
33       of ambulance services.
34             (b) The application shall state the name of the operator, the names
35       of the attendants of such ambulance service, the primary territory for
36       which the permit is sought, the type of service offered, the location and
37       physical description of the facility whereby calls for service will be re-
38       ceived, the facility wherein vehicles are to be garaged, a description of
39       vehicles and other equipment to be used by the service and such other
40       information as the board may require.
41             (c) Nothing in this act shall be construed as granting an exclusive
42       territorial right to operate an ambulance service. Upon change of own-
43       ership of an ambulance service the permit issued to such service shall

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  1       expire 60 days after the change of ownership.
  2             Sec.  46. K.S.A. 65-6128 is hereby amended to read as follows: 65-
  3       6128. A permit shall not be issued to an operator unless the board finds
  4       the ambulance service is or will be staffed and equipped in accordance
  5       with the rules and regulations promulgated by the board division of pro-
  6       fessional regulation pursuant to K.S.A. 65-6110. If the board determines
  7       that an applicant is not qualified, such applicant shall be notified of the
  8       denial of such application with a statement of the reasons for such denial.
  9       The applicant may reapply upon submission of evidence that the dis-
10       qualifying factor alleged by the board has been corrected. No fee shall
11       be required for the first reapplication made if it is submitted to the board
12       within one year of the date of the denial of the application.
13             A permit to operate an ambulance service shall be valid for the calendar
14       year for which it is issued and may be renewed upon payment of a permit
15       fee in the amount pursuant to K.S.A. 65-6127. At least once each month,
16       all fees received pursuant to the provisions of this section shall be remit-
17       ted to the state treasurer. Upon receipt of each such remittance, the state
18       treasurer shall deposit the entire amount thereof in the state treasury.
19       Each such deposit shall be credited to the state general fund.
20             Sec.  47. K.S.A. 1998 Supp. 65-6129 is hereby amended to read as
21       follows: 65-6129. (a) Application for an attendant's certificate shall be
22       made to the board upon forms provided by the administrator. The board
23       may grant an attendant's certificate if the applicant meets the following
24       requirements:
25             (1)  (A) Has made application within one year from the date of the
26       last class of an appropriate course of instruction for the classification of
27       attendant's certificate for which application has been made; and
28             (B) has completed successfully such course of instruction, passed an
29       examination prescribed by the board and paid a fee prescribed by the
30       board; or
31             (2) has completed successfully a course of instruction or training ac-
32       credited by the joint review committee on accreditation of allied health
33       education programs, a program of instruction or training offered by the
34       armed forces of the United States or a program of instruction completed
35       in another state that is equivalent to a program approved by the board
36       for the class of attendant's certificate applied for, passed an examination
37       prescribed by the board and paid a fee prescribed by the board.
38             (b) An attendant applying for an emergency medical technician's cer-
39       tificate shall have completed successfully a course of training, approved
40       by the board, in preliminary emergency medical care. An attendant ap-
41       plying for a mobile intensive care technician's certificate shall have com-
42       pleted successfully a course of training, approved by the board, which
43       shall include, but not be limited to, didactic and clinical experience in a

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  1       hospital and in an emergency vehicle unit. An attendant applying for an
  2       emergency medical technician-intermediate certificate shall be certified
  3       as an emergency medical technician and shall have completed successfully
  4       a course of training, approved by the board, which shall include training
  5       in veni-puncture for blood sampling and administration of intravenous
  6       fluids and advanced patient assessment. An attendant applying for an
  7       emergency medical technician-defibrillator certificate shall be certified
  8       as an emergency medical technician and shall have completed successfully
  9       a training program approved by the board.
10             (c) An attendant's certificate shall be valid through December 31 of
11       the year following the date of its initial issuance and may be renewed
12       thereafter for a period of one year for each renewal for a fee as prescribed
13       by rule and regulation of the board division of professional regulation
14       upon presentation of satisfactory proof that the attendant has successfully
15       completed continuing education as provided in this subsection. Atten-
16       dants shall complete not less than eight hours of continuing education as
17       prescribed and approved by the board for each full calendar year that has
18       elapsed since the certification or the last renewal thereof.
19             (d) The emergency medical services board may issue a temporary
20       certificate to any person who has not qualified for an attendant's certifi-
21       cate under paragraph (1) or (2) of subsection (a) when:
22             (1) The operator for whom such person serves as an attendant re-
23       quests a temporary certificate for that person; and
24             (2) such person meets or exceeds certain minimum requirements
25       prescribed by the board division of professional regulation by rules and
26       regulations.
27             A temporary certificate shall be effective for one year from the date of
28       its issuance or until the person has qualified as an attendant under par-
29       agraph (1) or (2) of subsection (a), whichever comes first. A temporary
30       certificate shall not be renewed and shall be valid only while an attendant
31       works for the operator requesting the temporary certificate. A person
32       holding a temporary certificate as an emergency medical technician shall
33       not be eligible to apply for certification as an emergency medical tech-
34       nician-intermediate, emergency medical technician-defibrillator or a mo-
35       bile intensive care technician.
36             (e) At least once each month all fees received pursuant to the pro-
37       visions of this section shall be remitted to the state treasurer. Upon receipt
38       of each such remittance, the state treasurer shall deposit the entire
39       amount thereof in the state treasury to the credit of the state general
40       fund.
41             (f) If a person who was previously certified as an attendant applies
42       for an attendant's certificate within two years of the date of its expiration,
43       the board may grant a certificate without the person completing a course

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  1       of instruction or passing an examination if the person has completed con-
  2       tinuing education requirements and has paid a fee prescribed by rules
  3       and regulations.
  4             Sec.  48. K.S.A. 1998 Supp. 65-6129b is hereby amended to read as
  5       follows: 65-6129b. (a) Application for an instructor-coordinator's certifi-
  6       cate shall be made to the board upon forms provided by the administrator
  7       division of professional regulation. The board may grant an instructor-
  8       coordinator's certificate to an attendant who: (1) Has served as an atten-
  9       dant in the emergency medical services field during the preceding 12
10       months prior to applying for such certificate; (2) has made application
11       within one year after successfully completing the training, approved by
12       the board, in instructing and coordinating attendant training programs;
13       (3) has passed an examination prescribed by the board; and (4) has paid
14       a fee as prescribed by rules and regulations of the board division of pro-
15       fessional regulation.
16             (b) The board may grant an instructor-coordinator's certificate to a
17       physician or a professional nurse who: (1) Has made application within
18       one year after successfully completing the training, approved by the
19       board, in instructing and coordinating attendant training programs; (2)
20       has passed an examination prescribed by the board; and (3) has paid a
21       fee as prescribed by rules and regulations of the board division.
22             (c) An instructor-coordinator's certificate shall be valid through De-
23       cember 31 of the year following the date of its initial issuance and may
24       be renewed thereafter for a period of one year for each renewal for a fee
25       as prescribed by rule and regulation of the board division upon presen-
26       tation of satisfactory proof that the instructor-coordinator has successfully
27       completed continuing education as provided in this subsection. Instruc-
28       tor-coordinators shall complete not less than eight hours of continuing
29       education as prescribed and approved by the emergency medical services
30       board for each full calendar year that has elapsed since the certification
31       or the last renewal thereof.
32             (d) At least once each month, all fees received pursuant to this section
33       shall be remitted to the state treasurer. Upon receipt of each such re-
34       mittance, the state treasurer shall deposit the entire amount thereof in
35       the state treasury to the credit of the state general fund.
36             (e) If a person who was previously certified as an instructor-coordi-
37       nator applies for an instructor-coordinator certificate within two years of
38       the date of its expiration, the board may grant a certificate without the
39       person completing the training or passing an examination if the person
40       complies with the other provisions of subsection (a) or (b) and completes
41       continuing education requirements prescribed by the board.
42             Sec.  49. K.S.A. 1998 Supp. 65-6129c is hereby amended to read as
43       follows: 65-6129c. (a) Application for a training officer's certificate shall

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  1       be made to the emergency medical services board upon forms provided
  2       by the administrator division of professional regulation. The board may
  3       grant a training officer's certificate to an applicant who: (1) Is an emer-
  4       gency medical technician, emergency medical technician-intermediate,
  5       emergency medical technician-defibrillator, mobile intensive care tech-
  6       nician, physician or professional nurse; (2) successfully completes an in-
  7       itial course of training approved by the board; (3) passes an examination
  8       prescribed by the board; (4) is appointed by a provider of training ap-
  9       proved by the board; and (5) has paid a fee established by the board
10       division.
11             (b) A training officer's certificate shall be valid through December 31
12       of the year following the date of its initial issuance and may be renewed
13       thereafter for a period of one year as prescribed by the board for a fee
14       as prescribed by rules and regulations upon presentation of satisfactory
15       proof that the training officer has successfully completed continuing ed-
16       ucation prescribed by the board and is certified as an emergency medical
17       technician, emergency medical technician-intermediate, emergency med-
18       ical technician-defibrillator, mobile-intensive care technician, physician
19       or professional nurse.
20             (c) A training officer's certificate may be denied, revoked, limited,
21       modified or suspended or the board may refuse to renew such certificate
22       in accordance with the Kansas administrative procedures act upon any of
23       the following conditions: (1) Failure to maintain certification or licen-
24       sure as an emergency medical technician, emergency medical technician-
25       intermediate, emergency medical technician-defibrillator, mobile inten-
26       sive care technician, physician or professional nurse; (2) withdrawal of
27       appointment by a provider of training; or (3) failure to successfully com-
28       plete continuing education.
29             (d) A training officer's certificate may be denied, revoked, limited,
30       modified or suspended by the board or the board may refuse to renew
31       such certificate upon proof that such individual:
32             (1) Has made intentional misrepresentations in obtaining a certificate
33       or renewing a certificate;
34             (2) has demonstrated incompetence or engaged in unprofessional
35       conduct as defined by rules and regulations adopted by the board division;
36             (3) has violated or aided and abetted in the violation of any provision
37       of this act or the rules and regulations promulgated by the board division;
38       or
39             (4) has been convicted of any state or federal crime that is related
40       substantially to the qualifications, functions and duties of a training officer
41       or any crime punishable as a felony under any state or federal statute. A
42       conviction means a plea of guilty, a plea of nolo contendere or a verdict
43       of guilty. The board may take disciplinary action pursuant to this section

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  1       when the time for appeal has elapsed, or after the judgment of conviction
  2       is affirmed on appeal or when an order granting probation is made sus-
  3       pending the imposition of sentence.
  4             (e) If a person who previously was certified as a training officer ap-
  5       plies for a training officer's certificate within two years of the date of its
  6       expiration, the board may grant a certificate without the person com-
  7       pleting an initial course of training or taking an examination if the person
  8       complies with the other provisions of subsection (a) and completes con-
  9       tinuing education requirements.
10             Sec.  50. K.S.A. 1998 Supp. 65-6133 is hereby amended to read as
11       follows: 65-6133. (a) An attendant's or instructor-coordinator's certificate
12       may be denied, revoked, limited, modified or suspended by the board or
13       the board may refuse to renew such certificate upon proof that such
14       individual:
15             (1) Has made intentional misrepresentations in obtaining a certificate
16       or renewing a certificate;
17             (2) has performed or attempted to perform activities not authorized
18       by statute at the level of certification held by the individual;
19             (3) has demonstrated incompetence as defined by rules and regula-
20       tions adopted by the board division of professional regulation or has pro-
21       vided inadequate patient care as determined by the board;
22             (4) has violated or aided and abetted in the violation of any provision
23       of this act or the rules and regulations promulgated thereunder;
24             (5) has been convicted of a felony and, after investigation by the
25       board, it is determined that such person has not been sufficiently reha-
26       bilitated to warrant the public trust;
27             (6) has demonstrated an inability to perform authorized activities with
28       reasonable skill and safety by reason of illness, alcoholism, excessive use
29       of drugs, controlled substances or any physical or mental condition; or
30             (7) has engaged in unprofessional conduct, as defined by rules and
31       regulations adopted by the board division.
32             (b) The board may limit, modify, revoke or suspend an attendant's or
33       instructor-coordinator's certificate or the board may refuse to renew such
34       certificate in accordance with the provisions of the Kansas administrative
35       procedure act.
36             Sec.  51. K.S.A. 1998 Supp. 65-6501 is hereby amended to read as
37       follows: 65-6501. As used in this act, the following words and phrases
38       shall have the meanings respectively ascribed to them in this section:
39             (a) "Secretary" means the secretary of health and environment "Di-
40       rector" means the director of professional regulation.
41             (b) "Speech-language pathology" means the application of principles,
42       methods and procedures related to the development and disorders of
43       human communication. Disorders include any and all conditions, whether

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  1       of organic or nonorganic origin, that impede the normal process of human
  2       communication including disorders and related disorders of speech, ar-
  3       ticulation, fluency, voice, verbal and written language, auditory compre-
  4       hension, cognition/communication, and oral pharyngeal or laryngeal sen-
  5       sorimotor competencies, or both. Speech-language pathology does not
  6       mean diagnosis or treatment of medical conditions as defined by K.S.A.
  7       65-2869 and amendments thereto.
  8             (c) "Practice of speech-language pathology" means:
  9             (1) Rendering or offering to render to individuals or groups of indi-
10       viduals who have or are suspected of having disorders of communication,
11       any service in speech-language pathology including prevention, identifi-
12       cation, evaluation, consultation, habilitation and rehabilitation;
13             (2) determining the need for personal augmentative communication
14       systems, recommending such systems and providing training in utilization
15       of such systems; and
16             (3) planning, directing, conducting or supervising such services.
17             (d) "Speech-language pathologist" means a person who engages in
18       the practice of speech-language pathology and who meets the qualifica-
19       tions set forth in this act.
20             (e) "Audiology" means the application of principles, methods and
21       procedures related to hearing and the disorders of hearing and to related
22       language and speech disorders. Disorders include any and all conditions,
23       whether of organic or nonorganic origin, peripheral or central, that im-
24       pede the normal process of human communication including, but not
25       limited to, disorders of auditory sensitivity, acuity, function or processing.
26       Audiology does not mean diagnosis or treatment of medical conditions as
27       defined by K.S.A. 65-2869 and amendments thereto.
28             (f) "Practice of audiology" means:
29             (1) Rendering or offering to render to individuals or groups of indi-
30       viduals who have or are suspected of having disorders of hearing, any
31       service in audiology, including prevention, identification, evaluation, con-
32       sultation and habilitation or rehabilitation (other than hearing aid or other
33       assistive listening device dispensing);
34             (2) participating in hearing conservation;
35             (3) providing auditory training and speech reading;
36             (4) conducting tests of vestibular function;
37             (5) evaluating tinnitus; and
38             (6) planning, directing, conducting or supervising services.
39             (g) "Audiologist" means any person who engages in the practice of
40       audiology and who meets the qualifications set forth in this act.
41             (h) "Speech-language pathology assistant" means an individual who
42       meets minimum qualifications established by the secretary which are less
43       than those established by this act as necessary for licensing as a speech-

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  1       language pathologist; does not act independently; and works under the
  2       direction and supervision of a speech-language pathologist licensed under
  3       this act.
  4             (i) "Audiology assistant" means an individual who meets minimum
  5       qualifications established by the secretary, which are less than those es-
  6       tablished by this act as necessary for licensing as an audiologist; does not
  7       act independently; and works under the direction and supervision of an
  8       audiologist licensed under this act.
  9             (j) "Sponsor" means entities approved by the secretary of health and
10       environment division to provide continuing education programs or
11       courses on an ongoing basis under this act and in accordance with any
12       rules and regulations promulgated by the secretary director in accordance
13       with this act.
14             Sec.  52. K.S.A. 65-6502 is hereby amended to read as follows: 65-
15       6502. (a) There is hereby established a speech-language pathology and
16       audiology board. Such board shall be advisory to the secretary of health
17       and environment division of professional regulation in all matters con-
18       cerning standards, rules and regulations and all matters relating to this
19       act.
20             (b) The board shall be composed of five persons, appointed by the
21       secretary of health and environment, who have been residents of this state
22       for at least two years. Two members shall be licensed, or initially eligible
23       for licensure, as speech-language pathologists; one member shall be li-
24       censed, or initially eligible for licensure, as an audiologist; one member
25       shall be a person licensed to practice medicine and surgery; and one
26       member shall be a member of the general public who is not a health care
27       provider. The secretary may make appointments from a list submitted by
28       professional organizations representing speech pathologists and
29       audiologists.
30             (c) Members of the board attending meetings of such board or at-
31       tending a subcommittee meeting thereof authorized by such board shall
32       be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amend-
33       ments thereto.
34             (d) Board members shall be appointed for a term of two years and
35       until their successors are appointed and qualified, except that of the initial
36       appointments, which shall be made within 60 days after the effective date
37       of this act, two members first appointed, as specified by the secretary,
38       shall serve on the board for terms of one year and thereafter, upon ex-
39       piration of such one-year terms, successors shall be appointed in the same
40       manner as the original appointments. The chairperson of the board shall
41       be elected annually from among the members of the board. Whenever a
42       vacancy occurs on the board by reason other than the expiration of a term
43       of office, the secretary shall appoint a successor of like qualifications for

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56

  1       the remainder of the unexpired term. No person shall be appointed to
  2       serve more than two successive two-year terms.
  3             (e) Appointments to fill vacancies shall be made in the same manner
  4       as original appointments for the unexpired portion of the term. The sec-
  5       retary of health and environment may terminate the appointment of any
  6       member for cause which in the opinion of the secretary reasonably jus-
  7       tifies such termination.
  8             Sec.  53. K.S.A. 65-6503 is hereby amended to read as follows: 65-
  9       6503. The secretary director of the division of professional regulation
10       shall:
11             (a) Issue to each person who has met the education and training
12       requirements listed in K.S.A. 65-6505 and amendments thereto and such
13       other reasonable qualifications as may be established by rules and regu-
14       lations promulgated by the secretary division of professional regulation,
15       the appropriate license as a speech-language pathologist or audiologist;
16             (b) establish by rules and regulations the methods and procedures for
17       examination of candidates for licensure;
18             (c) appoint employees necessary to administer this act and fix their
19       compensation within the limits of appropriations made for that purpose;
20             (d) keep a record of the board's proceedings and a register of all
21       applicants for and recipients of licenses; and
22             (e) make all such reasonable rules and regulations as deemed nec-
23       essary to carry out and enforce the provisions of this act.
24             Sec.  54. K.S.A. 1998 Supp. 65-6506 is hereby amended to read as
25       follows: 65-6506. (a) Any applicant for licensure shall submit an applica-
26       tion to the secretary speech-language pathology and audiology board
27       upon the forms prescribed and furnished by the secretary director of
28       professional regulations and shall pay appropriate fees as established by
29       the secretary division of professional regulations, including examination
30       fees if required. All licenses shall expire after two years and may be re-
31       newed by submitting an application, showing proof of completing re-
32       quired continuing education and paying a renewal fee to be established
33       by rule and regulation of the division and collected by the secretary board.
34       The secretary division may issue a license for a period of less than two
35       years for the purpose of administratively adjusting renewals. In such case,
36       the licensee shall be charged a prorated renewal fee based upon current
37       renewal fee structure.
38             (b) At least 30 days before the expiration of the license, the secretary
39       board shall notify the licensee of the expiration by mail addressed to the
40       licensee's last place of residence as noted upon the office records. If the
41       licensee fails to submit an application and fee by the date of expiration
42       of the license, the licensee shall be given a second notice that the license
43       has expired and the license may only be renewed if the application, re-

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  1       newal fee, and late renewal fee are received by the secretary board with
  2       the 30-day period following the date of expiration and, if both fees are
  3       not received within the 30-day period, the license shall be considered to
  4       have lapsed for failure to renew and shall be reissued only after the ap-
  5       plicant has been reinstated under subsection (c). Temporary licenses may
  6       be renewed for one consecutive 12-month period upon payment of re-
  7       newal fee and documentation of failure to complete requirements for
  8       which the temporary license was originally issued.
  9             (c) A licensee who fails to renew as herein provided may be reinstated
10       upon payment of the renewal fee and the reinstatement fee, and upon
11       submitting evidence of satisfactory completion of any applicable contin-
12       uing education requirements established by the secretary division. The
13       secretary division after consultation with the board shall adopt rules and
14       regulations establishing appropriate continuing education requirements
15       for reinstatement of persons whose licenses have lapsed for failure to
16       renew.
17             (d) The secretary board may issue a license to a person holding a
18       valid license in another state if:
19             (1) The secretary board receives from the issuing state or states doc-
20       umentation that the licensee is currently in good standing with no viola-
21       tions or sanctions pending or in effect;
22             (2) the applicant, pursuant to rules and regulations: (A) Meets current
23       educational, clinical practicum, postgraduate professional experience and
24       examination requirements; or (B) has received a masters degree awarded
25       prior to January 1, 1993, with a major course of study in speech-language
26       pathology or audiology, or both, and a supervised clinical practicum ex-
27       perience and has completed postgraduate professional experience and
28       passed an examination in speech-language pathology or audiology, or
29       both; and
30             (3) the applicant pays an endorsement and application fee pursuant
31       to rules and regulations.
32             (e) The secretary may issue a temporary speech-language pathology
33       or audiology license for a period of 12 months pursuant to rules and
34       regulations.
35             Sec.  55. K.S.A. 65-6507 is hereby amended to read as follows: 65-
36       6507. The secretary may contract with investigative agencies board shall
37       request the director of the division of professional regulation to provide
38       investigators, commissions or consultants to assist the secretary board in
39       obtaining information about courses of study and supervised clinical prac-
40       ticum experiences to be approved by the secretary division under K.S.A.
41       65-6505 and amendments thereto.
42             Sec.  56. K.S.A. 1998 Supp. 65-6508 is hereby amended to read as
43       follows: 65-6508. The secretary speech-language pathology and audiology

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  1       board shall deny, revoke, suspend or limit the license provided for in this
  2       act for any of the following reasons:
  3             (a) Making a false statement on an application for a license, or any
  4       other document required by the secretary board;
  5             (b) engaging or attempting to engage, or representing oneself as so
  6       entitled, to perform procedures not authorized in the license;
  7             (c) demonstrating incompetence or making consistent negligent er-
  8       rors in tests or procedures;
  9             (d) engaging in dishonorable, unethical or unprofessional conduct, as
10       defined by rules and regulations;
11             (e) providing professional services while mentally incompetent, un-
12       der the influence of alcohol or narcotic or controlled substance that is in
13       excess of therapeutic amounts or without valid medical indication;
14             (f) violating or aiding and abetting in a violation of any provisions of
15       this act or any of the rules or regulations adopted under this act by the
16       division of professional regulation; or
17             (g) having been convicted of a crime found by the secretary board to
18       have a direct bearing on whether one should be entrusted to serve the
19       public in the capacity of a speech-language pathologist or audiologist.
20             Sec.  57. K.S.A. 1998 Supp. 65-6512 is hereby amended to read as
21       follows: 65-6512. The secretary director of the division of professional
22       regulation shall fix by rules and regulations the licensure fee, sponsorship
23       fee, temporary licensure fee, renewal fee, late renewal fee, reinstatement
24       fee, and examination fee, if necessary, under this act. Such fees shall be
25       fixed in an amount to cover the costs of administering the provisions of
26       the act. No fee shall be more than $200. The secretary board shall remit
27       all moneys received from fees, charges or penalties under this act to the
28       state treasurer, except for amounts owed to the division for services per-
29       formed, at least monthly. Upon receipt of each such remittance, the state
30       treasurer shall deposit the entire amount thereof in the state treasury and
31       credit the same to the state general fund.
32             Sec.  58. K.S.A. 1998 Supp. 74-1106 is hereby amended to read as
33       follows: 74-1106. (a) Appointment, term of office. (1) The governor shall
34       appoint a board consisting of 11 members of which six shall be registered
35       professional nurses, two shall be licensed practical nurses, one shall be a
36       licensed mental health technician and two shall be members of the gen-
37       eral public, which shall constitute a board of nursing, with the duties,
38       power and authority set forth in this act.
39             (2) Upon the expiration of the term of any registered professional
40       nurse, the Kansas state nurses association shall submit to the governor a
41       list of registered professional nurses containing names of not less than
42       three times the number of persons to be appointed, and appointments
43       shall be made after consideration of such list for terms of four years and

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  1       until a successor is appointed and qualified.
  2             (3) On the effective date of this act, the Kansas federation of licensed
  3       practical nurses shall submit to the governor a list of licensed practical
  4       nurses containing names of not less than three times the number of per-
  5       sons to be appointed, and appointments shall be made after consideration
  6       of such list, with the first appointment being for a term of four years and
  7       the second appointment being for a term of two years. Upon the expi-
  8       ration of the term of any licensed practical nurse, a successor of like
  9       qualifications shall be appointed in the same manner as the original ap-
10       pointment for a term of four years and until a successor is appointed and
11       qualified.
12             (4) Upon the expiration of the term of any mental health technician,
13       the Kansas association of human services technologies shall submit to the
14       governor a list of persons licensed as mental health technicians containing
15       names of not less than three times the number of persons to be appointed,
16       and appointments shall be made after consideration of such list for terms
17       of four years and until a successor is appointed and qualified.
18             (5) Each member of the general public shall be appointed for a term
19       of four years and successors shall be appointed for a like term.
20             (6) Whenever a vacancy occurs on the board of nursing, it shall be
21       filled by appointment for the remainder of the unexpired term in the
22       same manner as the preceding appointment. No person shall serve more
23       than two consecutive terms as a member of the board of nursing and
24       appointment for the remainder of an unexpired term shall constitute a
25       full term of service on such board.
26             (b) Qualifications of members. Each member of the board shall be a
27       citizen of the United States and a resident of the state of Kansas. Regis-
28       tered professional nurse members shall possess a license to practice as a
29       professional nurse in this state with at least five years' experience in nurs-
30       ing as such and shall be actively engaged in professional nursing in Kansas
31       at the time of appointment and reappointment. The licensed practical
32       nurse members shall be licensed to practice practical nursing in the state
33       with at least five years' experience in practical nursing and shall be actively
34       engaged in practical nursing in Kansas at the time of appointment and
35       reappointment. The governor shall appoint successors so that the regis-
36       tered professional nurse membership of the board shall consist of at least
37       two members who are engaged in nursing service, at least two members
38       who are engaged in nursing education and at least one member who is
39       engaged in practice as an advanced registered nurse practitioner or a
40       registered nurse anesthetist. The licensed mental health technician mem-
41       ber shall be licensed to practice as licensed mental health technician in
42       the state with at least five years' experience and shall be actively engaged
43       in the field of mental health technology in Kansas at the time of appoint-

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  1       ment and reappointment. The consumer members shall represent the
  2       interests of the general public. Each member of the board shall take and
  3       subscribe the oath prescribed by law for state officers, which oath shall
  4       be filed with the secretary of state.
  5             (c) Duties and powers. (1) The board shall meet annually at Topeka
  6       during the month of September and shall elect from its members a pres-
  7       ident, vice-president and secretary, each of whom shall hold their re-
  8       spective offices for one year. The board shall employ an executive ad-
  9       ministrator, who shall be a registered professional nurse, who shall not
10       be a member of the board and who shall be in the unclassified service
11       under the Kansas civil service act, and shall employ such other employees,
12       who shall be in the classified service under the Kansas civil service act as
13       necessary to carry on the work of the board. As necessary, the board shall
14       be represented by an attorney appointed by the attorney general provided
15       by the director of professional regulation as provided by law, whose com-
16       pensation shall be determined and paid by the board with the approval
17       of the governor. The board may hold such other meetings during the year
18       as may be deemed necessary to transact its business.
19             (2) The board division of professional regulation may adopt rules and
20       regulations not inconsistent consistent with this act necessary to carry into
21       effect the provisions thereof, and such rules and regulations may be pub-
22       lished and copies thereof furnished to any person upon application.
23             (3) The board shall prescribe curricula and standards for professional
24       and practical nursing programs and mental health technician programs,
25       and provide for surveys of such schools and courses at such times as it
26       may deem necessary. It shall accredit such schools and approve courses
27       as meet the requirements of the appropriate act and rules and regulations
28       of the board division.
29             (4) The board shall examine, license and renew licenses of duly qual-
30       ified applicants and conduct hearings upon charges for limitation, sus-
31       pension or revocation of a license or accreditation of professional and
32       practical nursing and mental health technician programs and may limit,
33       deny, suspend or revoke for proper legal cause, licenses or accreditation
34       of professional and practical nursing and mental health technician pro-
35       grams, as hereinafter provided. Examination for applicants for registration
36       shall be given at least twice each year and as many other times as deemed
37       necessary by the board. The board shall promote improved means of
38       nursing education and standards of nursing care through institutes, con-
39       ferences and other means.
40             (5) The board shall have a seal of which the executive administrator
41       shall be the custodian. The president and the secretary director of the
42       division of professional regulation shall have the power and authority to
43       administer oaths in transacting business of the board, and the secretary

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  1       division shall keep a record of all proceedings of the board and a register
  2       of professional and practical nurses and mental health technicians li-
  3       censed and showing the certificates of registration or licenses granted or
  4       revoked, which register shall be open at all times to public inspection.
  5             (6) The board may enter into contracts as may be necessary to carry
  6       out its duties.
  7             (7) The board is hereby authorized to apply for and to accept grants
  8       and may accept donations, bequests or gifts. The board shall remit all
  9       moneys received by it under this paragraph (7) to the state treasurer at
10       least monthly. Upon receipt of any such remittance, the state treasurer
11       shall deposit the entire amount thereof in the state treasury, and such
12       deposit shall be credited to the grants and gifts fund which is hereby
13       created. All expenditures from such fund shall be made in accordance
14       with appropriation acts upon warrants of the director of accounts and
15       reports issued pursuant to vouchers approved by the president of the
16       board or a person designated by the president.
17             (8) A majority of the board of nursing including two professional
18       nurse members shall constitute a quorum for the transaction of business.
19             (d) Subpoenas. In all investigations and proceedings, the board di-
20       rector of the division of professional regulation shall have the power to
21       issue subpoenas and compel the attendance of witnesses and the pro-
22       duction of all relevant and necessary papers, books, records, documentary
23       evidence and materials. Any person failing or refusing to appear or testify
24       regarding any matter about which such person may be lawfully questioned
25       or to produce any books, papers, records, documentary evidence or rel-
26       evant materials in the matter, after having been required by order of the
27       board or by a subpoena of the board director to do so, upon application
28       by the board to any district judge in the state, may be ordered by such
29       judge to comply therewith. Upon failure to comply with the order of the
30       district judge, the court may compel obedience by attachment for con-
31       tempt as in the case of disobedience of a similar order or subpoena issued
32       by the court. A subpoena may be served upon any person named therein
33       anywhere within the state with the same fees and mileage by an officer
34       authorized to serve subpoenas in civil actions in the same procedure as
35       is prescribed by the code of civil procedure for subpoenas issued out of
36       the district courts of this state.
37             (e) Compensation and expenses. Members of the board of nursing
38       attending meetings of such board, or attending a subcommittee meeting
39       thereof authorized by such board, shall be paid compensation, subsistence
40       allowances, mileage and other expenses as provided in K.S.A. 75-3223,
41       and amendments thereto.
42             Sec.  59. K.S.A. 74-1406 is hereby amended to read as follows: 74-
43       1406. The board shall exercise, subject to the provisions of this act, the

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  1       following powers and duties:
  2             (a) It shall adopt such rules for its government as it may deem proper.
  3             (b) (a) Make Propose to the director of the division of professional
  4       regulation rules and regulations for qualification and licensing of dental
  5       hygienists.
  6             (c) (b) Make Propose to the director rules and regulations regarding
  7       sanitation.
  8             (d) (c) Conduct examinations to ascertain the qualification and fitness
  9       of applicants for licenses as dentists, or certificates as specialists in
10       dentistry.
11             (e) (d) Pass upon the qualifications of applicants for reciprocal
12       licenses.
13             (f) (e) Prescribe Propose to the director rules and regulations for ex-
14       amination of candidates.
15             (g) (f) Formulate Propose to the director rules and regulations by
16       which dental schools and colleges shall be approved.
17             (h) (g) Grant licenses, issue license certificates and renewal certifi-
18       cates in conformity with this act to such applicants and dentists as have
19       been found qualified.
20             (i) (h) Conduct hearings or proceedings to revoke or suspend and to
21       revoke or suspend a license, license certificate or renewal certificate
22       granted under the authority of this act or previous acts.
23             (j) (i) Employ such persons as it may deem necessary to assist it in
24       carrying out its duties in the administration and enforcement of this act,
25       and to provide offices, furniture, fixtures, supplies, printing, or secretarial
26       service, and may expend such funds as may be deemed necessary there-
27       for, and may appoint request the division of professional regulation to
28       provide the services of an attorney to advise and assist in the carrying out
29       and enforcing of the provisions of this act.
30             (k) (j) To investigate violations of the act that may come to the knowl-
31       edge of the board, and to institute or cause to be instituted before the
32       board or in a proper court appropriate proceedings in connection
33       therewith.
34             (l) (k) To adopt follow the rules and regulations of the division to
35       carry out and make effective the provisions of this act, and to modify or
36       repeal said rules and regulations whenever in the discretion of the board
37       it is deemed necessary.
38             Sec.  60. K.S.A. 74-1504 is hereby amended to read as follows: 74-
39       1504. (a) The board shall administer and enforce the provisions of the
40       optometry law, and the board is hereby granted such specific powers as
41       are necessary for the purpose of administering and enforcing such law.
42       In addition, the board may:
43             (1) Employ Request the provision of agents, attorneys and inspectors

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  1       under such rules and regulations adopted by the division of professional
  2       regulation as the board may prescribe require in accordance with the
  3       provisions of the optometry law, except that no state officer shall be eli-
  4       gible for employment by the board.
  5             (2) Make all necessary disbursements, to carry out the provisions of
  6       this act, including payment for stationery supplies, acquire all necessary
  7       optical instruments to be used in the conducting of examination, print
  8       and distribute to all optometrists in the state a yearbook of the names
  9       and addresses of all optometrists licensed by the board.
10             (3) Grant all licenses as seem just and proper and to suspend, limit,
11       revoke or refuse to renew any such licenses granted for any of the causes
12       specified under K.S.A. 65-1506 and amendments thereto.
13             (4) Administer oaths and take testimony upon granting or refusing to
14       grant, revoking, limiting or suspending licenses.
15             (5) Request the director of the division of professional regulation to
16       issue subpoenas, compel the attendance of witnesses and the production
17       of any papers, books, accounts, documents and testimony, and to cause
18       the deposition of witnesses, either residing within or without the state, to
19       be taken in the manner prescribed by law for taking depositions in civil
20       actions in the district courts. In case of disobedience on the part of any
21       person to comply with any subpoena issued in behalf of the board, or on
22       the refusal of any witness to testify to any matters regarding which such
23       witness may be lawfully interrogated, the judge of the district court of
24       any county, on application of a member of the board, may compel obe-
25       dience by proceedings for contempt, as in the case of disobedience of the
26       requirements of a subpoena issued from such court or a refusal to testify
27       in such court. Each witness who appears before the board by the board's
28       order or the division's subpoena, other than a state officer or employee,
29       shall receive for attendance the fees and mileage provided for witnesses
30       in civil cases in courts of record which shall be audited and paid upon the
31       presentation of proper vouchers sworn to by such witnesses and approved
32       by the president and secretary-treasurer of the board.
33             (6) Adopt Consult with the division regarding the adoption of rules
34       and regulations for the procedure and conduct of the board and for the
35       administration of the optometry law, which rules and regulations shall not
36       be inconsistent be consistent with the provisions of the optometry law.
37             (b) The board shall meet at least annually for the purpose of exam-
38       ining applicants for licensure. Such meetings shall be held in Topeka. At
39       least 30 days prior to the examination, the board shall cause a special
40       notice to be published in the Kansas register stating the date and hour
41       for holding such examination. Special meetings shall be held at such times
42       and places as the board may direct.
43             (c) The board shall preserve an accurate record of all meetings and

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  1       proceedings of the board including receipts and disbursements with
  2       vouchers therefor and complete minutes of all prosecutions and violations
  3       of the optometry law and of examinations held under the provisions of
  4       the optometry law and an accurate inventory of all property of the board.
  5       All such records shall be kept in the office of the board, except for those
  6       records required by rules and regulations to be stored at the division office
  7       and made accessible to the public.
  8             Sec.  61. K.S.A. 1998 Supp. 74-1606 is hereby amended to read as
  9       follows: 74-1606. (a) Annually, during the month of June, the board shall
10       organize by electing a president and a vice-president and shall also ap-
11       point a full-time executive secretary who shall not be a member of the
12       board and whose employment shall at all times be subject to the pleasure
13       of the board. The executive secretary shall be in the unclassified service
14       of the Kansas civil service act and shall receive an annual salary fixed by
15       the board and approved by the state finance council.
16             (b) The board may employ, in accordance with the Kansas civil serv-
17       ice act, such request from the division of professional regulation inspec-
18       tors, chemists, agents and, clerical and attorney help as may be necessary
19       for the purpose of administering and enforcing the provisions of this act
20       and may employ an attorney to assist in prosecutions under this act and
21       for such other purposes as the board may designate.
22             Sec.  62. K.S.A. 1998 Supp. 74-2702a is hereby amended to read as
23       follows: 74-2702a. The Kansas state board of cosmetology may shall con-
24       sult with the division of professional regulation which shall adopt rules
25       and regulations as may be necessary for the administration of matters
26       within the jurisdiction of the board.
27             Sec.  63. K.S.A. 1998 Supp. 74-7501 is hereby amended to read as
28       follows: 74-7501. (a) There is hereby created a behavioral sciences reg-
29       ulatory board consisting of 11 members appointed by the governor. The
30       membership of the board shall be as follows: Two members of the board
31       shall be licensed psychologists; two members of the board shall be li-
32       censed to engage in the practice of social work; one member of the board
33       shall be a professional counselor; one member of the board shall be a
34       marriage and family therapist and one member of the board shall be a
35       registered masters level psychologist who on January 1, 1997, will become
36       a licensed masters level psychologist; and four members of the board shall
37       be from and represent the general public. Each member of the board
38       shall be a citizen of the United States and a resident of this state.
39             (b) The term of office of each member of the board shall be four
40       years, except that the term of office of the new members appointed pur-
41       suant to this act, one member shall be appointed for a term of two years,
42       one member shall be appointed for a term of three years and two mem-
43       bers shall be appointed for terms of four years. The governor shall des-

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65

  1       ignate the term of office for each member appointed to the board pur-
  2       suant to this act. No member of the board shall be appointed for more
  3       than two successive terms. Upon the expiration of a member's term of
  4       office, the governor shall appoint a qualified successor. Each member
  5       shall serve until a successor is appointed and qualified. Whenever a va-
  6       cancy occurs in the membership of the board prior to the expiration of a
  7       term of office, the governor shall appoint a qualified successor to fill the
  8       unexpired term. The governor may remove any member of the board for
  9       misconduct, incompetency or neglect of duty.
10             (c) The board shall organize annually at its first meeting subsequent
11       to June 30 and shall select from its members a chairperson and a vice-
12       chairperson. Other meetings shall be held as the board designates. A
13       majority of members appointed to the board shall constitute a quorum
14       for the transaction of business.
15             (d) The board may appoint an executive director who shall be in the
16       unclassified service of the Kansas civil service act and shall receive an
17       annual salary fixed by the board, subject to approval by the governor. The
18       board may employ clerical personnel and other assistants, all of whom
19       shall be in the classified service under the Kansas civil service act. The
20       board after consultation with the division of professional regulation may
21       make and enter into contracts of employment with such professional per-
22       sonnel as necessary, in the board's judgment, for the performance of its
23       duties and functions and the execution of its powers.
24             (e) Members of the behavioral sciences regulatory board attending
25       meetings of the board, or attending a subcommittee meeting thereof au-
26       thorized by the board, shall be paid compensation, subsistence allow-
27       ances, mileage and other expenses as provided in K.S.A. 75-3223, and
28       amendments thereto.
29             Sec.  64. K.S.A. 74-7502 is hereby amended to read as follows: 74-
30       7502. (a) On July 1, 1980, the following boards are hereby abolished:
31             (1) The state board of examiners of psychologists created by K.S.A.
32       1979 Supp. 74-5303; and
33             (2) the board of social work examiners created by K.S.A. 1979 Supp.
34       75-5349.
35             (b) All of the powers, duties and functions of the boards designated
36       in subsection (a) and all of the powers, duties and functions of the sec-
37       retary of social and rehabilitation services under K.S.A. 75-5346 to 75-
38       5361, inclusive, and amendments thereto, are hereby transferred to and
39       conferred and imposed upon the behavioral sciences regulatory board.
40             (c) The behavioral sciences regulatory board shall be the successor
41       in every way to the powers, duties and functions of the boards designated
42       in subsection (a) and to the powers, duties and functions of the secretary
43       of social and rehabilitation services under K.S.A. 75-5346 to 75-5361,

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  1       inclusive, and amendments thereto, in which the same were vested prior
  2       to the effective date of this act, except as otherwise provided by this act.
  3       Every act performed in the exercise of such powers, duties and functions
  4       by or under the authority of the behavioral sciences regulatory board shall
  5       be deemed to have the same force and effect as if performed by the
  6       boards designated in subsection (a) or by the secretary of social and re-
  7       habilitation services under K.S.A. 75-5346 to 75-5361, inclusive, and
  8       amendments thereto, in which the same were vested prior to the effective
  9       date of this act.
10             (d) Whenever the boards designated in subsection (a), or words of
11       like effect, and the secretary of social and rehabilitation services in regard
12       to the powers, duties and functions of the secretary under K.S.A. 75-5346
13       to 75-5361, inclusive, and amendments thereto, are referred to or des-
14       ignated by a statute, contract or other document, such reference or des-
15       ignation shall be deemed to apply to the behavioral sciences regulatory
16       board.
17             (e) All rules and regulations of the boards designated in subsection
18       (a) and rules and regulations of the secretary of social and rehabilitation
19       services adopted under K.S.A. 75-5346 to 75-5361, inclusive, and amend-
20       ments thereto, shall continue to be effective and shall be deemed to be
21       duly adopted rules and regulations of the behavioral sciences regulatory
22       board, until revised, amended, revoked or nullified pursuant to law. The
23       board shall review such rules and regulations and shall consult with the
24       division of professional regulation which shall adopt new rules and reg-
25       ulations, making changes if necessary, pursuant to K.S.A. 77-415 et seq.,
26       and amendments thereto.
27             (f) The behavioral sciences regulatory board shall be a continuation
28       of the boards designated in subsection (a).
29             Sec.  65. K.S.A. 74-7503 is hereby amended to read as follows: 74-
30       7503. (a) On July 1, 1980, officers and employees who were engaged prior
31       to such date in the performance of powers, duties and functions of the
32       boards designated in subsection (a) of K.S.A. 74-7502 or in assisting the
33       secretary of social and rehabilitation services to carry out the provisions
34       of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, and
35       who, in the opinion of the behavioral sciences regulatory board are nec-
36       essary to perform the powers, duties and functions of the behavioral sci-
37       ences regulatory board shall become officers and employees of the be-
38       havioral sciences regulatory board and shall retain all retirement benefits
39       and all rights of civil service which such officer or employee had before
40       July 1, 1980, and their service shall be deemed to have been continuous.
41       All transfers and any abolishment of positions of personnel in the classi-
42       fied civil service shall be in accordance with civil service laws and rules
43       and regulations.

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  1             (b) All books, records and other property of the boards designated in
  2       subsection (a) of K.S.A. 74-7502 and of the department of social and
  3       rehabilitation services maintained in the course of administering the pro-
  4       visions of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto,
  5       are hereby transferred to the behavioral sciences regulatory board on the
  6       effective date of this act and which shall transfer any books, records or
  7       other necessary property to the division of professional regulation as re-
  8       quired by the division's rules and regulations.
  9             (c) Whenever any conflict arises as to the proper disposition of any
10       property or records as a result of any abolishment or transfer made under
11       this act, or under authority of this act, such conflict shall be resolved by
12       the governor, and the decision of the governor shall be final.
13             Sec.  66. K.S.A. 1998 Supp. 74-7507 is hereby amended to read as
14       follows: 74-7507. The behavioral sciences regulatory board shall have the
15       following powers, duties and functions:
16             (a) Recommend to the appropriate district or county attorneys pros-
17       ecution for violations of this act, the licensure of psychologists act of the
18       state of Kansas, the professional counselors licensure act, K.S.A. 65-6301
19       to 65-6318, inclusive, and amendments thereto, K.S.A 74-5361 to 74-
20       5372, inclusive, and amendments thereto, the marriage and family ther-
21       apists licensure act or the alcohol and other drug abuse counselor regis-
22       tration act;
23             (b) compile and publish annually a list of the names and addresses of
24       all persons who are licensed under this act, are licensed under the licen-
25       sure of psychologists act of the state of Kansas, are licensed under the
26       professional counselors licensure act, are licensed under K.S.A. 65-6301
27       to 65-6318, inclusive, and amendments thereto, are licensed under K.S.A.
28       74-5361 to 74-5372, inclusive, and amendments thereto, are licensed un-
29       der the marriage and family therapists licensure act or are registered
30       under the alcohol and other drug abuse counselor registration act;
31             (c) prescribe the form and contents of examinations required under
32       this act, the licensure of psychologists act of the state of Kansas, the
33       professional counselors licensure act, K.S.A. 65-6301 to 65-6318, inclu-
34       sive, and amendments thereto, K.S.A. 74-5361 to 74-5372, inclusive, and
35       amendments thereto, the marriage and family therapists licensure act or
36       the alcohol and other drug abuse counselor registration act;
37             (d) after consultation with the division of professional regulation, en-
38       ter into contracts necessary to administer this act, the licensure of psy-
39       chologists act of the state of Kansas, the professional counselors licensure
40       act, K.S.A. 65-6301 to 65-6318, inclusive, and amendments thereto,
41       K.S.A. 74-5361 to 74-5372, inclusive, and amendments thereto, the mar-
42       riage and family therapists licensure act or the alcohol and other drug
43       abuse counselor registration act;

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  1             (e) adopt an official seal;
  2             (f) consult with the division which shall adopt and enforce rules and
  3       regulations for professional conduct of persons licensed under the licen-
  4       sure of psychologists act of the state of Kansas, licensed under the pro-
  5       fessional counselors licensure act, licensed under K.S.A. 65-6301 to 65-
  6       6318, inclusive, and amendments thereto, licensed under K.S.A. 74-5361
  7       to 74-5372, inclusive, and amendments thereto, licensed under the mar-
  8       riage and family therapists licensure act or registered under the alcohol
  9       and other drug abuse counselor registration act;
10             (g) consult with the division which shall adopt and enforce rules and
11       regulations establishing requirements for the continuing education of per-
12       sons licensed under the licensure of psychologists act of the state of Kan-
13       sas, licensed under the professional counselors licensure act, licensed un-
14       der K.S.A. 65-6301 to 65-6318, inclusive, and amendments thereto,
15       licensed under K.S.A. 74-5361 to 74-5372, inclusive, and amendments
16       thereto, licensed under the marriage and family therapists licensure act
17       or registered under the alcohol and other drug abuse counselor registra-
18       tion act;
19             (h) consult with the division which shall adopt rules and regulations
20       establishing classes of social work specialties which will be recognized for
21       licensure under K.S.A. 65-6301 to 65-6318, inclusive, and amendments
22       thereto;
23             (i) consult with the division which shall adopt rules and regulations
24       establishing procedures for examination of candidates for licensure under
25       the licensure of psychologists act of the state of Kansas, for licensure
26       under the professional counselors licensure act, for licensure under
27       K.S.A. 65-6301 to 65-6318, inclusive, and amendments thereto, for licen-
28       sure under K.S.A. 74-5361 to 74-5372, inclusive, and amendments
29       thereto, for licensure under the marriage and family therapists licensure
30       act, for registration under the alcohol and other drug abuse counselor
31       registration act and for issuance of such certificates and such licenses;
32             (j) consult with the division which shall adopt rules and regulations
33       as may be necessary for the administration of this act, the licensure of
34       psychologists act of the state of Kansas, the professional counselors licen-
35       sure act, K.S.A. 65-6301 to 65-6318, inclusive, and amendments thereto,
36       K.S.A. 74-5361 to 74-5372, inclusive, and amendments thereto, the mar-
37       riage and family therapists licensure act and the alcohol and other drug
38       abuse counselor registration act and to carry out the purposes thereof;
39             (k) appoint an executive director and other employees as provided in
40       K.S.A. 74-7501 and amendments thereto; and
41             (l) exercise such other powers and perform such other functions and
42       duties as may be prescribed by law. 
43       Sec.  67. K.S.A. 47-821, 47-822, 47-824, 47-829, 47-830, 47-840, 65-

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  1       2840a, 65-2865, 65-2874, 65-3506, 65-3507, 65-5904, 65-5905, 65-5907,
  2       65-5908, 65-6128, 65-6502, 65-6503, 65-6507, 74-1406, 74-1504, 74-7502
  3       and 74-7503 and K.S.A. 1998 Supp. 39-923, 65-1903, 65-1904, 65-1905,
  4       65-1907, 65-1908, 65-2809, 65-2811, 65-2828, 65-2836, 65-2852, 65-
  5       2861, 65-2896, 65-3502, 65-3503, 65-3505, 65-5902, 65-5909, 65-5911,
  6       65-5913, 65-6110, 65-6111, 65-6127, 65-6129, 65-6129b, 65-6129c, 65-
  7       6133, 65-6501, 65-6506, 65-6508, 65-6512, 74-1106, 74-1606, 74-2702a,
  8       74-7501 and 74-7507 are hereby repealed.
  9        Sec.  68. This act shall take effect and be in force from and after its
10       publication in the statute book.