842 1997 Session Laws of Kansas Ch. 146
An Act concerning public health and safety; relating to the
board of nursing; licensees
thereof; continuing education; membership on the board; concerning
the state board of
cosmetology continuing education requirements; amending K.S.A.
65-1119 and 65-4206
and K.S.A. 1996 Supp. 65-1117, 65-1904, 65-4205 and 74-1106 and
repealing the existing
sections.
Be it enacted by the Legislature of the State of
Kansas:
Section 1. K.S.A. 1996 Supp. 65-1117 is hereby amended to read
as
follows: 65-1117. (a) All licenses issued under the provisions of
this act,
whether initial or renewal, shall expire every two years. The
expiration
date shall be established by the rules and regulations of the
board. The
board shall mail an application for renewal of license to every
registered
professional nurse and licensed practical nurse at least 60 days
prior to
the expiration date of such person's license. Every person so
licensed who
desires to renew such license shall file with the board, on or
before the
date of expiration of such license, a renewal application together
with the
prescribed biennial renewal fee. Every licensee who is no longer
engaged
Ch. 146 1997 Session Laws of Kansas 843
in the active practice of nursing may so state by affidavit and
submit such
affidavit with the renewal application. An inactive license may be
re-
quested along with payment of a fee which shall be fixed by rules
and
regulations of the board. Except for the first renewal period
following
licensure by examination or for the first nine months following
licensure
by reinstatement or endorsement, the board shall require every
licensee
with an active nursing license to submit with the renewal
application
evidence of satisfactory completion of a program of continuing
nursing
education required by the board. The board by duly adopted rules
and
regulations shall establish the requirements for such program of
contin-
uing nursing education. Continuing nurse
nursing education means or- learning experiences
ganizedwhich are designed to
enhance knowledge, intended to build upon the
educational and
improve skills and develop attitudes that enhance nursing and
improve
health care to the public
experiential bases of the registered professional and licensed
practical
nurse for the enhancement of practice, education, administration,
re-
search or theory development to the end of improving the health of
the
public. Upon receipt of such application, payment of fee, upon
receipt of
the evidence of satisfactory completion of the required program of
con-
tinuing nursing education and upon being satisfied that the
applicant
meets the requirements set forth in K.S.A. 65-1115 or 65-1116
and
amendments thereto in effect at the time of initial licensure of
the ap-
plicant, the board shall verify the accuracy of the application and
grant a
renewal license.
(b) Any person who fails to secure a renewal license within the
time
specified herein may secure a reinstatement of such lapsed license
by
making verified application therefor on a form provided by the
board, by
rules and regulations, and upon furnishing proof that the applicant
is
competent and qualified to act as a registered professional nurse
or li-
censed practical nurse and by satisfying all of the requirements
for rein-
statement including payment to the board of a reinstatement fee as
es-
tablished by the board. A reinstatement application for
licensure will be
held awaiting completion of such documentation as may be required,
but
such application shall not be held for a period of time in excess
of that
specified in rules and regulations.
(c) Each licensee shall notify the board in writing of a change
in name
or address within 30 days of the change. Failure to so notify the
board
shall not constitute a defense in an action relating to failure to
renew a
license, nor shall it constitute a defense in any other
proceeding.
Sec. 2. K.S.A. 65-1119 is hereby amended to read as follows:
65-
1119. (a) Application for accreditation. An accredited
school of nursing
is one which has been approved as such by the board as meeting
the
standards of this act, and the rules and regulations of the board.
An in-
stitution desiring to conduct an accredited school of professional
or prac-
844 1997 Session Laws of Kansas Ch. 146
tical nursing shall apply to the board for accreditation and
submit satis-
factory proof that it is prepared to and will maintain the
standards and
basic professional nursing curriculum or the required curriculum
for
practical nursing, as the case may be, as prescribed by this act
and by the
rules and regulations of the board. Applications shall be made in
writing
on forms supplied by the board and shall be submitted to the
board
together with the application fee fixed by the board. The
accreditation of
a school of nursing shall expire two five
years after the granting of such
accreditation by the board. An institution desiring to continue to
conduct
an accredited school of professional or practical nursing shall
apply to the
board for the renewal of accreditation and submit satisfactory
proof that
it will maintain the standards and basic professional nursing
curriculum
or the required curriculum for practical nursing, as the case may
be, as
prescribed by this act and by the rules and regulations of the
board.
Applications for renewal of accreditation shall be made in writing
on
forms supplied by the board and shall be submitted to the
board together. Each
school of nursing shall
with the application fee fixed by the board
submit annually to the board an annual fee fixed by the board by
rules
and regulations to maintain the accreditation status.
(b) Schools for professional nurses. To qualify as an
accredited school
for professional nurses, the school must be conducted in the state
of
Kansas, and shall apply to the board and submit evidence that: (1)
It is
prepared to carry out the professional curriculum as prescribed in
the
rules and regulations of the board; and (2) it is prepared to meet
such
other standards as shall be established by this law and the rules
and reg-
ulations of the board.
(c) Schools for practical nurses. To qualify as an
accredited school for
practical nurses, the school must be conducted in the state of
Kansas, and
shall apply to the board and submit evidence that: (1) It is
prepared to
carry out the curriculum as prescribed in the rules and regulations
of the
board; and (2) it is prepared to meet such other standards as shall
be
established by this law and the rules and regulations of the
board.
(d) Survey. The board shall prepare and maintain a list
of accredited
schools for both professional and practical nurses whose graduates,
if they
have the other necessary qualifications provided in this act, shall
be eli-
gible to apply for a license as a registered professional nurse or
as a
licensed practical nurse. A survey of the institution or
institutions and of
the schools applying for accreditation shall be made by an
authorized
employee of the board or members of the board, who shall submit
a
written report of the survey to the board. If, in the opinion of
the board,
the requirements as prescribed by the board in its rules and
regulations
for an accredited school for professional nurses or for practical
nurses are
met, it shall so approve and accredit the school as either a school
for
professional nurses or practical nurses, as the case may be. From
time to
time, as deemed necessary by the board, it shall cause to be made
a
Ch. 146 1997 Session Laws of Kansas 845
resurvey of accredited schools and written reports of such
resurveys sub-
mitted to the board. If the board determines that any accredited
school
of nursing is not maintaining the standards required by this act
and by
rules and regulations prescribed by the board, notice thereof in
writing,
specifying the failures of such school, shall be given immediately
to the
school. A school which fails to correct such conditions to the
satisfaction
of the board within a reasonable time shall be removed from the
list of
accredited schools of nursing until such time as the school shall
comply
with the standards. All accredited schools shall maintain accurate
and
current records showing in full the theoretical and practical
courses given
to each student.
(e) Providers of continuing nursing
education offerings.
(1) To qualify
as an approved provider of continuing nursing education
offerings, per-
sons, organizations or institutions proposing to provide such
continuing
nursing education offerings shall apply to the board for
approval and
submit evidence that the applicant is prepared to meet the
standards and
requirements established by the rules and regulations of the board
for
such continuing nursing education offerings. Initial
applications shall be
made in writing on forms supplied by the board and shall be
submitted
to the board together with the application fee fixed by the
board.
(2) A long-term provider means a person, organization
or institution
that is responsible for the development, administration and
evaluation of
continuing nursing education programs and offerings.
Qualification as ana long-term approved
provider of continuing nursing education offerings
shall expire five years after the granting of such approval by the
board.
An approved long-term provider of continuing nursing
education offer-
ings shall submit annually to the board the annual fee established
by rules
and regulations, along with an annual report for the previous
fiscal year.
Applications for renewal as an approved long-term provider
of continuing
nursing education offerings and annual
reports shall be made in writing
on forms supplied by the board and shall be submitted to
the board.
together with the application fee fixed by the
board
(3) Qualification as an approved provider of a single
continuing nurs-
ing education offering, which may be offered once or multiple
times, shall
expire two years after the granting of such approval by the board.
Ap-
proved single continuing nursing education providers shall not be
subject
to an annual fee or annual report.
(4) In accordance with rules and regulations adopted by the
board,
the board may approve individual educational offerings for
continuing
nursing education which shall not be subject to approval under
other
subsections of this section.
(5) The board shall accept offerings as approved continuing
nursing
education presented by: Colleges that are approved by a state or
the
national department of education and providers approved by other
state
boards of nursing, the national league for nursing, the national
federation
846 1997 Session Laws of Kansas Ch. 146
of licensed practical nurses, the American nurses
credentialing center or
other such national organizations as listed in rules and
regulations
adopted by the board.
(6) An individual designated by a provider of continuing
nursing ed-
ucation offerings as an individual responsible for CNE who has held
this
position for the provider at least five years immediately prior to
January
1, 1997, shall not be required to have a baccalaureate or higher
academic
degree in order to be designated by such provider as the individual
re-
sponsible for CNE.
(f) Criteria for evaluating out-of-state schools. For the
purpose of
determining whether an applicant for licensure who is a graduate of
a
school of professional or practical nursing located outside this
state meets
the requirements of item (2) of subsection (a) of K.S.A. 65-1115
and
amendments thereto or the requirements of item (2) of subsection
(a) of
K.S.A. 65-1116 and amendments thereto, as appropriate, the board
by
rules and regulations shall establish criteria for determining
whether a
particular school of professional nursing located outside this
state main-
tains standards which are at least equal to schools of professional
nursing
which are accredited by the board and whether a particular school
of
practical nursing located outside this state maintains standards
which are
at least equal to schools of practical nursing which are accredited
by the
board. The board may send a questionnaire developed by the board
to
any school of professional or practical nursing located outside
this state
for which the board does not have sufficient information to
determine
whether the school meets the standards established under this
subsection
(f). The questionnaire providing the necessary information shall be
com-
pleted and returned to the board in order for the school to be
considered
for approval. The board may contract with investigative agencies,
com-
missions or consultants to assist the board in obtaining
information about
schools. In entering such contracts the authority to approve
schools shall
remain solely with the board.
Sec. 3. K.S.A. 1996 Supp. 65-4205 is hereby amended to read
as
follows: 65-4205. (a) The board shall mail an application for
renewal of
license to all licensed mental health technicians at least 60 days
prior to
the expiration date of December 31. Every mental health technician
who
desires to renew a license shall file with the board, on or before
December
31 of even-numbered years, a renewal application together with the
pre-
scribed renewal fee. Every licensee who is no longer engaged in the
active
practice of mental health technology may so state by affidavit and
submit
such affidavit with the renewal application. An inactive license
may be
requested along with payment of a fee as determined by rules and
reg-
ulations of the board.
Except for the first renewal period following licensure by
examination
or for the first nine months following licensure by reinstatement
or en-
Ch. 146 1997 Session Laws of Kansas 847
dorsement, the board shall require every licensee with an active
mental
health technology license to submit with the renewal application
evidence
of satisfactory completion of a program of continuing education
required
by the board. The board by duly adopted rules and regulations shall
es-
tablish the requirements for such program of continuing education.
Con-
tinuing education means learning experiences intended to build upon
the
educational and experiential bases of the licensed mental health
technician
for the enhancement of practice, education, administration,
research or
theory development to the end of improving the health of the
public.
Upon receipt of such application and evidence of satisfactory
comple-
tion of the required program of continuing education and upon
being
satisfied that the applicant meets the requirements set forth in
K.S.A. 65-
4203 and amendments thereto in effect at the time of initial
licensure of
the applicant, the board shall verify the accuracy of the
application and
grant a renewal license.
(b) Any licensee who fails to secure a renewal license within
the time
specified may secure a reinstatement of such lapsed license by
making
verified application therefor on a form prescribed by the board
together
with the prescribed reinstatement fee and, satisfactory evidence as
re-
quired by the board that the applicant is presently competent and
qual-
ified to perform the responsibilities of a mental health technician
and of
satisfying all the requirements for reinstatement. A
reinstatement appli-
cation for licensure will be held awaiting completion of such
documen-
tation as may be required, but such application shall not be held
for a
period of time in excess of that specified in rules and
regulations.
(c) Each licensee shall notify the board in writing of a change
in name
or address within 30 days of the change. Failure to so notify the
board
shall not constitute a defense in an action relating to failure to
renew a
license, nor shall it constitute a defense in any other
proceeding.
Sec. 4. K.S.A. 65-4206 is hereby amended to read as follows:
65-
4206. (a) An approved course of mental health technology is one
which
has been approved by the board as meeting the standards of this act
and
the rules and regulations of the board. The course, at a minimum,
shall
be of six months duration in which the institution shall provide
for 18
weeks of schooling, one-half devoted to classroom instruction and
one-
half to clinical experience and shall include the study of:
(1) Basic nursing concepts;
(2) psychiatric therapeutic treatment; and
(3) human growth, development and behavioral sciences.
(b) An institution which intends to offer a course on mental
health
technology shall apply to the board for approval and submit
evidence that
the institution is prepared to and will maintain the standards and
curric-
ulum as prescribed by this act and the rules and regulations of the
board.
848 1997 Session Laws of Kansas Ch. 146
The application shall be made in writing upon a form prescribed
by the
board with the application fee fixed by the board by rules and
regulations.
(c) To obtain approval for The approval of a
school of mental health
technology shall expire five years after the granting of such
approval by
the board. An institution desiring to continue to conduct a
course of men-
tal health technology, the institution shall
satisfy apply to the board that for the renewal of
approval and submit
it is prepared to carry out the
satisfactory proof that the institution will maintain the standards
and the
basic mental health technology curriculum as prescribed by this
act and
the rules and regulations of the board and that it is
prepared to and will. Applications
establish standards for the course as prescribed by the
board
for renewal of approval shall be made in writing on forms supplied
by
the board. Each institution offering a course of mental health
technology
shall submit annually to the board an annual fee fixed by the board
by
rules and regulations to maintain approval status.
(d) Providers of continuing education. (1) To
qualify as an approved
provider of continuing education offerings, persons, organizations
or in-
stitutions proposing to provide such continuing education offerings
shall
apply to the board for approval and submit evidence that the
applicant
is prepared to meet the standards and requirements established by
the
rules and regulations of the board for such continuing education
offerings.
Initial applications shall be made in writing on forms supplied by
the
board and shall be submitted to the board together with the
application
fee fixed by the board.
(2) A long-term provider means a person, organization or
institution
that is responsible for the development, administration and
evaluation of
continuing education programs and offerings. Qualification as a
long-term
approved provider of continuing education offerings shall expire
five years
after the granting of such approval by the board. An approved
long-term
provider of continuing education offerings shall submit annually to
the
board the annual fee established by rules and regulations, along
with an
annual report for the previous fiscal year. Applications for
renewal as an
approved long-term provider of continuing education offerings shall
be
made in writing on forms supplied by the board.
(3) Qualification as an approved provider of a single
continuing ed-
ucation offering, which may be offered once or multiple times,
shall expire
two years after the granting of such approval by the board.
Approved
single continuing education providers shall not be subject to an
annual
fee or annual report.
(4) In accordance with rules and regulations adopted by the
board,
the board may approve individual educational offerings for
continuing
education which shall not be subject to approval under other
subsections
of this section.
(5) The board shall accept offerings as approved continuing
education
presented by: Colleges that are approved by a state or the national
de-
Ch. 146 1997 Session Laws of Kansas 849
partment of education and providers approved by other state
boards of
nursing, the national league for nursing, the national federation
of licensed
practical nurses, the American nurses credentialing center or other
such
national organizations as listed in rules and regulations adopted
by the
board.
Sec. 5. K.S.A. 1996 Supp. 74-1106 is hereby amended to read
as
follows: 74-1106. (a) Appointment, term of office. (1) The
governor shall
appoint a board consisting of 11 members of which
five six shall be reg-
istered professional nurses, two shall be licensed practical
nurses, two one
shall be a licensed mental health
technicians technician and two shall be
members of the general public, which shall constitute a board of
nursing,
with the duties, power and authority set forth in this act.
The members
of the board of nursing holding office on the effective date of
this amend-
ment shall continue as members until the expiration of their
respective
terms.
(2) Upon the expiration of the term of any registered
professional
nurse, the Kansas state nurses association shall submit to the
governor a
list of registered professional nurses containing names of not less
than
three times the number of persons to be appointed, and
appointments
shall be made after consideration of such list for terms of four
years and
until a successor is appointed and qualified.
(3) On the effective date of this act, the Kansas federation of
licensed
practical nurses shall submit to the governor a list of licensed
practical
nurses containing names of not less than three times the number of
per-
sons to be appointed, and appointments shall be made after
consideration
of such list, with the first appointment being for a term of four
years and
the second appointment being for a term of two years. Upon the
expi-
ration of the term of any licensed practical nurse, a successor of
like
qualifications shall be appointed in the same manner as the
original ap-
pointment for a term of four years and until a successor is
appointed and
qualified.
(4) Upon the expiration of the term of any mental health
technician,
the Kansas association of human services technologies shall submit
to the
governor a list of persons licensed as mental health technicians
containing
names of not less than three times the number of persons to be
appointed,
and appointments shall be made after consideration of such list for
terms
of four years and until a successor is appointed and
qualified.
(5) Each member of the general public shall be appointed for a
term
of four years and successors shall be appointed for a like
term.
(6) Whenever a vacancy occurs on the board of nursing, it shall
be
filled by appointment for the remainder of the unexpired term in
the
same manner as the preceding appointment. No person shall serve
more
than two consecutive terms as a member of the board of nursing
and
850 1997 Session Laws of Kansas Ch. 146
appointment for the remainder of an unexpired term shall
constitute a
full term of service on such board.
(b) Qualifications of members. Each member of the board
shall be a
citizen of the United States and a resident of the state of Kansas.
Regis-
tered professional nurse members shall possess a license to
practice as a
professional nurse in this state with at least five years'
experience in nurs-
ing as such and shall be actively engaged in professional
nursing in Kansas
at the time of appointment and reappointment. The licensed
practical
nurse members shall be graduated from an accredited
practical nurse
licensed to
program, hold a diploma from an accredited high school or have
otherwise
obtained the equivalent of a high school education and be
practice practical nursing in the state with at least five years'
experience
in practical nursing and shall be actively engaged in practical
nursing in
Kansas at the time of appointment and reappointment.
Upon the expi- The governor shall appoint
successors so that the
ration of the terms of the registered professional nurse members
holding
office on July 1, 1993,
registered professional nurse membership of the board shall consist
of at
least two members who are engaged in nursing service, at
least two mem-
bers who are engaged in nursing education and at least one
member who
is engaged in practice as an advanced registered nurse practitioner
or a
registered nurse anesthetist. The registered professional
nurse members
The licensed
of the board holding office on the effective date of this act shall
continue
as members until the expiration of their respective terms.
mental health technician members member
shall be high school graduates licensed to practice as licensed mental health
or shall have obtained the equivalent of a high school education
and shall
betechnicians technician
in the state with at least five years' experience and shall be
actively en-
gaged in the field of mental health technology in Kansas at the
time of
appointment and reappointment. The consumer members shall
represent
the interests of the general public. Each member of the board shall
take
and subscribe the oath prescribed by law for state officers, which
oath
shall be filed with the secretary of state.
(c) Duties and powers. (1) The board shall meet annually
at Topeka
during the month of July September and
shall elect from its members a
president, vice-president and secretary, each of whom shall hold
their
respective offices for one year. The board shall employ an
executive ad-
ministrator, who shall be a registered professional nurse, who
shall not
be a member of the board and who shall be in the unclassified
service
under the Kansas civil service act, and shall employ such other
employees,
who shall be in the classified service under the Kansas civil
service act as
necessary to carry on the work of the board. As necessary, the
board shall
be represented by an attorney appointed by the attorney general as
pro-
vided by law, whose compensation shall be determined and paid by
the
board with the approval of the governor. The board may hold such
other
Ch. 146 1997 Session Laws of Kansas 851
meetings during the year as may be deemed necessary to transact
its
business.
(2) The board may adopt rules and regulations not inconsistent
with
this act necessary to carry into effect the provisions thereof, and
such
rules and regulations may be published and copies thereof furnished
to
any person upon application.
(3) The board shall prescribe curricula and standards for
professional
and practical nursing programs and mental health technician
programs,
and provide for surveys of such schools and courses at such times
as it
may deem necessary. It shall accredit such schools and approve
courses
as meet the requirements of the appropriate act and rules and
regulations
of the board.
(4) The board shall examine, license and renew licenses of duly
qual-
ified applicants and conduct hearings upon charges for limitation,
sus-
pension or revocation of a license or accreditation of professional
and
practical nursing and mental health technician programs and may
limit,
deny, suspend or revoke for proper legal cause, licenses or
accreditation
of professional and practical nursing and mental health technician
pro-
grams, as hereinafter provided. Examination for applicants for
registration
shall be given at least twice each year and as many other times as
deemed
necessary by the board. The board shall promote improved means
of
nursing education and standards of nursing care through institutes,
con-
ferences and other means.
(5) The board shall have a seal of which the executive
administrator
shall be the custodian. The president and the secretary shall have
the
power and authority to administer oaths in transacting business of
the
board, and the secretary shall keep a record of all proceedings of
the
board and a register of professional and practical nurses and
mental health
technicians licensed and showing the certificates of registration
or licenses
granted or revoked, which register shall be open at all times to
public
inspection.
(6) The board may enter into contracts as may be necessary to
carry
out its duties.
(7) The board is hereby authorized to apply for and to accept
grants
and may accept donations, bequests or gifts. The board shall remit
all
moneys received by it under this paragraph (7) to the state
treasurer at
least monthly. Upon receipt of any such remittance, the state
treasurer
shall deposit the entire amount thereof in the state treasury, and
such
deposit shall be credited to the grants and gifts fund which is
hereby
created. All expenditures from such fund shall be made in
accordance
with appropriation acts upon warrants of the director of accounts
and
reports issued pursuant to vouchers approved by the president of
the
board or a person designated by the president.
(8) A majority of the board of nursing including two
professional
nurse members shall constitute a quorum for the transaction of
business.
852 1997 Session Laws of Kansas Ch. 146
(d) Subpoenas. In all investigations and proceedings, the
board shall
have the power to issue subpoenas and compel the attendance of
wit-
nesses and the production of all relevant and necessary papers,
books,
records, documentary evidence and materials. Any person failing or
re-
fusing to appear or testify regarding any matter about which such
person
may be lawfully questioned or to produce any books, papers,
records,
documentary evidence or relevant materials in the matter, after
having
been required by order of the board or by a subpoena of the board
to do
so, upon application by the board to any district judge in the
state, may
be ordered by such judge to comply therewith. Upon failure to
comply
with the order of the district judge, the court may compel
obedience by
attachment for contempt as in the case of disobedience of a similar
order
or subpoena issued by the court. A subpoena may be served upon
any
person named therein anywhere within the state with the same fees
and
mileage by an officer authorized to serve subpoenas in civil
actions in the
same procedure as is prescribed by the code of civil procedure for
sub-
poenas issued out of the district courts of this state.
(e) Compensation and expenses. Members of the board of
nursing
attending meetings of such board, or attending a subcommittee
meeting
thereof authorized by such board, shall be paid compensation,
subsistence
allowances, mileage and other expenses as provided in K.S.A.
75-3223,
and amendments thereto.
Sec. 6. On July 1, 1997, K.S.A. 1996 Supp. 65-1904 is hereby
amended to read as follows: 65-1904. (a) Unless revoked for cause,
all
licenses of cosmetologists, cosmetology technicians, electrologists
and
manicurists issued or renewed by the board shall expire on the
expiration
dates established by rules and regulations adopted by the board
under
this section. Subject to the other provisions of this subsection,
each such
license, other than the three-year senior cosmetologist license,
shall be
renewable on a biennial basis upon the filing of a renewal
application
prior to the expiration of the license, payment of the renewal fee
estab-
lished under this section and, except for an apprentice license,
the elec-
trologist license and the senior cosmetologist license, for
licenses renewed
on and after July 1, 1996 1997, furnishing
evidence satisfactory to the
board of the completion of a minimum of 20
five clock hours
bienniallyannually of continuing
education on health and safety related issues in
the practice of cosmetology approved by the board in the
license category
in which the licensee holds a license or if the licensee holds a
license in
more than one category, in the category specified by rules and
regulations
of the board for licensees holding more than one license.
Applicants for
renewal of an electrologist license shall furnish with the biennial
renewal
application evidence satisfactory to the board of the completion of
10 clock
hours annually of continuing education on health and safety related
issues
in electrologist practice approved by the board. In order to
provide for
Ch. 146 1997 Session Laws of Kansas 853
the establishment of a system of biennial renewal of licenses
issued by
the board, the board may provide by rules and regulations that
licenses
issued or renewed may expire less than two years from the date of
issu-
ance or renewal. In each case in which a license is issued or
renewed for
a period of time of less than two years, the board shall prorate to
the
nearest whole month the license or renewal fee established under
this
section.
(b) Any cosmetologist's, cosmetology technician's,
esthetician's, elec-
trologist's or manicurist's license may be renewed by the applicant
within
90 days after the date of expiration of the applicant's last
license upon
submission of proof, satisfactory to the board, of the applicant's
qualifi-
cations to renew practice as a cosmetologist, cosmetology
technician, elec-
trologist or manicurist, including the completion of any applicable
con-
tinuing education requirements and payment of the applicable
renewal
fee and delinquent fee prescribed pursuant to this section. Any
applicant
whose license as a cosmetologist, cosmetology technician,
electrologist or
manicurist has expired for more than one year prior to application
for
renewal may obtain a license in the same manner and on payment of
the
same fees as provided for an applicant for an original license on
and after
July 1, 1996, and upon proof that such applicant has satisfactorily
com-
pleted a program of continuing education required by the board for
ap-
plicants whose licenses have expired.
(c) At the time of application for license renewal, a
cosmetologist
licensed in this state may apply to the board and qualify for a
three-year
senior cosmetologist license by:
(1) Paying the fee required by this section;
(2) showing evidence satisfactory to the board of having been
actually
employed in a licensed salon or licensed school for not less than
120 days
during the preceding three years;
(3) on and after July 1, 1996, furnishing evidence satisfactory
to the
board of the completion of a minimum of 30
15 clock hours triennially
of continuing education on health and safety related issues in
the practice
of cosmetology approved by the board; and
(4) furnishing evidence satisfactory to the board of attendance
of 40
clock hours of courses of instruction in cosmetology approved by
the
board.
(d) Any applicant for a license other than a renewal license
shall make
a verified application to the board on such forms as the board may
require
and, upon payment of the examination fee shall be examined by the
board
or their appointees and shall be issued a license, if found to be
duly
qualified to practice the profession of cosmetologist, esthetician,
elec-
trologist or manicurist.
(e) (1) Except as otherwise provided in this section, the board
shall
require every licensee in the active practice of cosmetology within
the
state to submit evidence of satisfactory completion of a program of
con-
854 1997 Session Laws of Kansas Ch. 146
tinuing education required under this section. Such evidence
shall be
made in writing in a form required by the board. The board shall
require
every licensee in the active practice of cosmetology within the
state to
remit a continuing education fee to the board or its
designee in an amount
fixed by the board. The board shall adopt rules and regulations
establish-
ing the program of continuing education in accordance with this
section
as soon as possible after the effective date of this act. In
establishing such
requirements the board shall consider any existing programs of
continuing
education currently being offered to licensees of the
board.
(2) To qualify as an approved provider of continuing education
of-
ferings, persons, organizations or institutions proposing to
provide such
continuing education offerings shall apply to the board for
approval and
submit evidence that the applicant is prepared to meet the
standards and
requirements established by the rules and regulations of the board
for
such continuing education offerings. Initial applications shall be
made in
writing on forms supplied by the board and shall be submitted to
the
board together with the application fee fixed by the board.
Qualification
as an approved provider of continuing education offerings shall
expire
five years after the granting of such approval by the board. An
approved
provider of continuing education offerings shall submit annually to
the
board the continuing education program approval fee established by
rules
and regulations, along with an annual report of its educational
programs
for the previous fiscal year. Applications for renewal as an
approved pro-
vider of continuing education offerings and annual reports shall be
made
in writing on forms supplied by the board and shall be submitted to
the
board together with the application fee fixed by the board.
(3) The board shall establish an inactive license category and
may
waive the continuing education requirements for the renewal of a
license
and place a licensee on inactive status if a licensee is not
engaged in or
has retired from practice or has become temporarily or permanently
dis-
abled and the licensee files with the board a certificate stating
either of
the following:
(A) A retiring licensee certifies to the board that the
licensee:
(i) Has retired from the active practice of cosmetology service;
or
(ii) is not engaged in the provision of any cosmetology service
as de-
fined by the statutes of the state of Kansas; or
(B) a disabled licensee certifies to the board that such
licensee is no
longer engaged in the provision of any cosmetology service as
defined by
the statutes of the state of Kansas by reason of any physical
disability,
whether permanent or temporary, and shall describe the nature of
such
disability. The waiver of continuing education under this
subsection shall
continue so long as the retirement or physical disability exists.
Prior to
returning to active practice for which a person holds an inactive
license,
such person shall complete 20 clock hours of continuing education
ap-
proved by the board in the license category in which the licensee
holds
Ch. 146 1997 Session Laws of Kansas 855
a license or if the licensee holds a license in more than one
category, in
the category specified by rules and regulations of the board for
licensees
holding more than one license. The board shall establish by rules
and
regulations a procedure to activate an inactive license.
(f) The board is hereby authorized to adopt rules and
regulations
fixing the amount of fees for the following items and to charge and
collect
the amounts so fixed, subject to the following limitations:
Active cosmetologist license or renewal, for two years--not more than
$60
Inactive cosmetologist license or renewal, for two years --not more
than........................................................... 30
Delinquent cosmetologist license............................... 4
Cosmetology technician renewal, for two years--not more than... 30
Electrologist license or renewal, for two years--not more than. 30
Delinquent electrologist license............................... 4Senior cosmetologist license or renewal, for three years --not more
than........................................................... 45
Manicurist license renewal or renewal, for two years--not more than
24
Delinquent manicurist license.................................. 4
Esthetician license or renewal, for two years--not more than... 30
Delinquent esthetician license................................. 4
Any apprentice license--not more than.......................... 12
Additional training license--not more than..................... 12
New school license............................................. 100
School license renewal--not more than.......................... 50
Delinquent school license--not more than....................... 10
New salon or electrology clinic license--not more than......... 30
Salon or electrology clinic license renewal--not more than..... 20
Delinquent salon or electrology clinic license................. 6
Transfer of salon or electrology clinic license--not more than. 15
Cosmetologist's examination--not more than..................... 25
Cosmetology technician's examination--not more than............ 25
Electrologist's examination--not more than..................... 25
Manicurist's examination--not more than........................ 25
Esthetician examination--not more than......................... 25
Instructor's examination--not more than........................ 50
Out-of-state examinations--not more than....................... 35
Out-of-state affidavits........................................ 2
Any duplicate license.......................................... 2
Instructor's license or renewal, for two years--not more than.. 50
Delinquent instructor's license--not more than................. 50
Cosmetologist continuing education registration fee............ 40
Continuing education program application fee................... 100
Continuing education program approval fee...................... 100
(g) Whenever the board determines that the total amount of
revenue
derived from the fees collected pursuant to this section is
insufficient to
carry out the purposes for which the fees are collected, the board
may
amend its rules and regulations to increase the amount of the fee,
except
that the amount of the fee for any item shall not exceed the
maximum
amount authorized by this subsection. Whenever the amount of fees
col-
lected pursuant to this section provides revenue in excess of the
amount
necessary to carry out the purposes for which such fees are
collected, it
856 1997 Session Laws of Kansas Ch. 146
shall be the duty of the board to decrease the amount of the fee
for one
or more of the items listed in this subsection by amending the
rules and
regulations which fix the fees.
(h) Any person who failed to obtain a renewal license while in
the
armed forces of the United States shall be entitled to a renewal
license
upon filing application and paying the renewal fee for the current
year
during which the person has been discharged on and after July 1,
1996,
and upon proof that such applicant has satisfactorily completed a
program
of continuing education required by the board for applicants under
this
subsection.
Sec. 7. K.S.A. 65-1119 and 65-4206 and K.S.A. 1996 Supp.
65-1117,
65-4205 and 74-1106 are hereby repealed.
Sec. 8. On July 1, 1997, K.S.A. 1996 Supp. 65-1904 is hereby
re-
pealed.
Sec. 9. This act shall take effect and be in force from and
after its
publication in the Kansas register.
Approved April 24, 1997.
Published in the Kansas Register: May 8, 1997.