Ch. 158             1997 Session Laws of Kansas             1091

An Act concerning certain state boards; relating to licenses of such boards; relating to fees
imposed on such licensees; amending K.S.A. 65-1131, 65-4208, 74-7008, 74-7009, 74-
7024 and 74-7035 and K.S.A. 1996 Supp. 65-1115, 65-1116, 65-1118, 65-1120, 65-1124,
65-1152, 65-4203 and 65-4209 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1996 Supp. 65-1115 is hereby amended to read as
follows: 65-1115. (a) Qualifications of applicants. An applicant for a li-
cense to practice as a registered professional nurse shall file with the
board written application for a license and submit satisfactory proof that
the applicant:

(1) Has Have graduated from a high school accredited by the appro-
priate legal accrediting agency or has obtained the equivalent of a high
school education, as determined by the state department of education;

(2) holds hold evidence of graduation from an accredited school of
professional nursing in the United States or its territories or from a school
of professional nursing in a foreign country which is approved by the
board as defined in rules and regulations; and

(3) has have obtained other qualifications not in conflict with this act
as the board may prescribe by rule and regulation.; and

(4) file with the board written application for a license.

(b) Applicant deficient in qualifications. If the board finds in evalu-
ating any applicant that such applicant is deficient in qualification or in
the quality of such applicant's educational experience, the board may

1092             1997 Session Laws of Kansas             Ch. 158

require such applicant to fulfill such remedial or other requirements as
the board may prescribe.

(c) License. (1) An applicant shall pass an examination as the board
may prescribe. Each examination may be supplemented by an oral or
practical examination. Upon successfully passing such examinations the
board shall issue to the applicant a license to practice nursing as a reg-
istered professional nurse.

(2) The board may issue a license to practice nursing as a registered
professional nurse to an applicant who has been duly licensed as a reg-
istered professional nurse by examination under the laws of another state
or territory if, in the opinion of the board, the applicant meets the qual-
ifications required of a registered professional in this state. Verification
of the applicant's licensure status shall be required from the original state
of licensure.

(2) (3) Refresher course. Notwithstanding the provisions of subsec-
tions (a) and (b), an applicant for a license to practice as a registered
professional nurse who has not been licensed to practice professional
nursing for five years preceding application shall be required to success-
fully complete a refresher course as defined by the board.

(3) (4) Renewal license. A licensed professional nurse licensed under
this act shall be eligible for renewal licenses upon compliance with K.S.A.
65-1117 and amendments thereto.

(4) (5) Repeated examination failure. Persons who are unsuccessful
in passing the licensure examination after four failures shall petition the
board for permission prior to subsequent attempts. The board may re-
quire the applicant to submit and complete a plan of study prior to taking
the licensure examination for the fifth time or any subsequent attempt.
within 24 months after graduation shall petition the board for permission
prior to subsequent attempts. The board may require the applicant to
submit and complete a plan of study related to deficiencies identified on
the failed examination profiles prior to taking the licensure examination
a subsequent time.

(6) An application for initial licensure or endorsement will be held
awaiting completion of meeting qualifications for a time period specified
in rules and regulations.

(d) Title and abbreviation. Any person who holds a license to practice
as a registered professional nurse in this state shall have the right to use
the title, ``registered nurse,'' and the abbreviation, ``R.N.'' No other per-
son shall assume the title or use the abbreviation or any other words,
letters, signs or figures to indicate that the person is a registered profes-
sional nurse.

(e) Temporary permit. The board may issue a temporary permit to
practice nursing as a registered professional nurse for a period not to
exceed 90 120 days. The 90-day temporary permit may be renewed for
an additional 30 days but not to exceed a combined total of 120 days. A

Ch. 158             1997 Session Laws of Kansas             1093

temporary permit for 120 days may be issued to an applicant for licensure
as a registered professional nurse who is a graduate of a professional
school of nursing in a foreign country after verification of licensure in
that foreign country and approval of educational credentials.

(f) Exempt license. The board may issue an exempt license to any
licensee as defined in rules and regulations who makes written application
for such license on a form provided by the board and remits a fee as
established pursuant to K.S.A. 65-1118 and amendments thereto. The
board may issue an exempt license to a person who is not regularly en-
gaged in the practice of professional nursing in Kansas but is a charitable
health care provider as defined by K.S.A. 75-6102 and amendments
thereto. Each exempt licensee shall be subject to all provisions of the nurse
practice act, except as otherwise provided in this subsection (f). Each
exempt license may be renewed biennially subject to the provisions of this
section. The holder of the exempt license shall not be required to submit
evidence of satisfactory completion of a program of continuing nursing
education for renewal. To convert an exempt license to an active license,
the exempt licensee shall meet all the requirements of subsection (c) or
K.S.A. 65-1117 and amendments thereto. The board shall have authority
to write rules and regulations to carry out the provisions of this section.

Sec. 2. K.S.A. 1996 Supp. 65-1116 is hereby amended to read as
follows: 65-1116. (a) Qualification. An applicant for a license to practice
as a licensed practical nurse shall file with the board a written application
for a license and submit to the board satisfactory proof that the applicant:

(1) Has Have graduated from a high school accredited by the appro-
priate legal accrediting agency or has obtained the equivalent of a high
school education, as determined by the state department of education;

(2) holds hold evidence of graduation from an accredited school of
practical nursing or professional nursing in the United States or its ter-
ritories or from a school of practical nursing or professional nursing in a
foreign country which is approved by the board as defined in rules and
regulations; and

(3) has have obtained other qualifications not in conflict with this act
as the board may prescribe by rule and regulation.; and

(4) file with the board a written application for a license.

(b) If the board finds in evaluating any applicant that such applicant
is deficient in qualification or in the quality of such applicant's educational
experience, the board may require such applicant to fulfill such remedial
or other requirements as the board may prescribe.

(c) License. (1) Examination. The applicant shall pass an examination
as the board may prescribe. Each examination may be supplemented by
an oral or practical examination. Upon successfully passing such exami-
nations, the board shall issue to the applicant a license to practice as a
licensed practical nurse.

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(2) The board may issue a license to practice nursing as a practical
nurse to an applicant who has been duly licensed as a practical nurse by
examination under the laws of another state or territory if, in the opinion
of the board, the applicant meets the qualifications required of a practical
nurse in this state. Verification of the applicant's licensure status shall be
required from the original state of licensure.

(2) (3) Refresher course. Notwithstanding the provisions of subsec-
tions (a) and (b), an applicant for a license to practice as a licensed prac-
tical nurse who has not been licensed to practice practical nursing for five
years preceding application shall be required to successfully complete a
refresher course as defined by the board.

(3) (4) Renewal license. A licensed practical nurse licensed under this
act shall be eligible for renewal licenses upon compliance with K.S.A. 65-
1117 and amendments thereto.

(4) (5) Repeated examination failure. Persons who are unsuccessful
in passing the licensure examination after four failures shall petition the
board for permission prior to subsequent attempts. The board may re-
quire the applicant to submit and complete a plan of study prior to taking
the licensure examination for the fifth time or any subsequent attempt.
within 24 months after graduation shall petition the board for permission
prior to subsequent attempts. The board may require the applicant to
submit and complete a plan of study related to deficiencies identified on
the failed examination profiles prior to taking the licensure examination
for a subsequent time.

(6) An application for initial licensure or endorsement will be held
awaiting completion of meeting qualifications for a time period specified
in rules and regulations.

(d) Title and abbreviation. Any person who holds a license to practice
as a licensed practical nurse in this state shall have the right to use the
title, ``licensed practical nurse,'' and the abbreviation, ``L.P.N.'' No other
person shall assume the title or use the abbreviation or any other words,
letters, signs or figures to indicate that the person is a licensed practical
nurse.

(e) Temporary permit. The board may issue a temporary permit to
practice nursing as a licensed practical nurse for a period not to exceed
90 120 days. The 90-day temporary permit may be renewed for an ad-
ditional 30 days not to exceed a combined total of 120 days. A temporary
permit for 120 days may be issued to an applicant for licensure as a
licensed practical nurse who is a graduate of a practical school of nursing
in a foreign country after verification of licensure in that foreign country
and approval of educational credentials.

(f) Exempt license. The board may issue an exempt license to any
licensee as defined in rules and regulations who makes written application
for such license on a form provided by the board and remits a fee as
established pursuant to K.S.A. 65-1118 and amendments thereto. The

Ch. 158             1997 Session Laws of Kansas             1095

board may issue an exempt license to a person who is not regularly en-
gaged in the practice of practical nursing in Kansas but is a charitable
health care provider as defined by K.S.A. 75-6102 and amendments
thereto. Each exempt licensee shall be subject to all provisions of the nurse
practice act, except as otherwise provided in this subsection (f). Each
exempt license may be renewed biennially subject to the provisions of this
section. The holder of the exempt license shall not be required to submit
evidence of satisfactory completion of a program of continuing nursing
education for renewal. To convert an exempt license to an active license,
the exempt licensee shall meet all the requirements of subsection (c) or
K.S.A. 65-1117 and amendments thereto. The board shall have authority
to write rules and regulations to carry out the provisions of this section.

Sec. 3. K.S.A. 1996 Supp. 65-1118 is hereby amended to read as
follows: 65-1118. (a) The board shall collect in advance fees provided for
in this act as fixed by the board, but not exceeding:

Application for license--professional nurse....................           $75

Application for license--practical nurse.......................            50

Application for biennial renewal of license--professional nurse andpractical
     nurse            60

Application for reinstatement of license.......................            70

Application for reinstatement of licenses with temporary permit           100

Certified copy of license......................................            25

Duplicate of license...........................................            25

Inactive license...............................................            20

practitioner...................................................            50

Application for certificate of qualification with temporary permit--advanced
     registered nurse practitioner           100

Application for renewal of certificate of qualification--advancedregistered
     nurse practitioner         20 60

registered nurse practitioner..................................         50 75

Application for authorization--registered nurse anesthetist....            75

nurse anesthetist..............................................           110

anesthetist....................................................            60

anesthetist....................................................            75

Application for reinstatement of authorization with
     temporaryauthorization--registered nurse anesthetist           100

Verification of license to another state.......................            30

Application for exempt license--professional and practical nurse            50

Application for biennial renewal of exempt license--professional andpractical
     nurse            50

practitioner...................................................            50

Application for biennial renewal of exempt certificate--advancedregistered nurse
     practitioner            50

(b) The board may require that fees paid for any examination under

1096             1997 Session Laws of Kansas             Ch. 158

the Kansas nurse practice act be paid directly to the examination service
by the person taking the examination.

Sec. 4. K.S.A. 1996 Supp. 65-1120 is hereby amended to read as
follows: 65-1120. (a) Grounds for disciplinary actions. The board may
deny, revoke, limit or suspend any license, certificate of qualification or
authorization to practice nursing as a registered professional nurse, as a
licensed practical nurse, as an advanced registered nurse practitioner or
as a registered nurse anesthetist that is issued by the board or applied for
under this act or may publicly or privately censure a licensee or holder
of a certificate of qualification or authorization, if the applicant, licensee
or holder of a certificate of qualification or authorization is found after
hearing:

(1) To be guilty of fraud or deceit in practicing nursing or in procuring
or attempting to procure a license to practice nursing;

(2) to have been guilty of a felony or to have been guilty of a mis-
demeanor involving an illegal drug offense, if the board determines, after
investigation, that such person has not been sufficiently rehabilitated in-
volving an illegal drug offense unless the applicant or licensee establishes
sufficient rehabilitation to warrant the public trust, except that notwith-
standing K.S.A. 74-120 no license, certificate of qualification or authori-
zation to practice nursing as a licensed professional nurse, as a licensed
practical nurse, as an advanced registered nurse practitioner or registered
nurse anesthetist shall be granted to a person with a felony conviction for
a crime against persons as specified in article 34 of chapter 21 of the
Kansas Statutes Annotated and acts amendatory thereof or supplemental
thereto;

(3) to have committed an act of professional incompetency as defined
in subsection (e);

(4) to be unable to practice with skill and safety due to current abuse
of drugs or alcohol;

(5) to be a person who has been adjudged in need of a guardian or
conservator, or both, under the act for obtaining a guardian or conser-
vator, or both, and who has not been restored to capacity under that act;

(6) to be guilty of unprofessional conduct as defined by rules and
regulations of the board;

(7) to have willfully or repeatedly violated the provisions of the Kansas
nurse practice act or any rules and regulations adopted pursuant to that
act, including K.S.A. 65-1114 and 65-1122 and amendments thereto; or

(8) to have a license to practice nursing as a registered nurse or as a
practical nurse denied, revoked, limited or suspended, or to be publicly
or privately censured, by a licensing authority of another state, agency of
the United States government, territory of the United States or country
or to have other disciplinary action taken against the applicant or licensee
by a licensing authority of another state, agency of the United States

Ch. 158             1997 Session Laws of Kansas             1097

government, territory of the United States or country. A certified copy of
the record or order of public or private censure, denial, suspension, lim-
itation, revocation or other disciplinary action of the licensing authority
of another state, agency of the United States government, territory of the
United States or country shall constitute prima facie evidence of such a
fact for purposes of this paragraph (8).

(b) Proceedings. Upon filing of a sworn complaint with the board
charging a person with having been guilty of any of the unlawful practices
specified in subsection (a), two or more members of the board shall in-
vestigate the charges, or the board may designate and authorize an em-
ployee or employees of the board to conduct an investigation. After in-
vestigation, the board may institute charges. If an investigation, in the
opinion of the board, reveals reasonable grounds for believing the appli-
cant or licensee is guilty of the charges, the board shall fix a time and
place for proceedings, which shall be conducted in accordance with the
provisions of the Kansas administrative procedure act.

(c) Witnesses. No person shall be excused from testifying in any pro-
ceedings before the board under this act or in any civil proceedings under
this act before a court of competent jurisdiction on the ground that such
testimony may incriminate the person testifying, but such testimony shall
not be used against the person for the prosecution of any crime under
the laws of this state except the crime of perjury as defined in K.S.A.
21-3805 and amendments thereto.

(d) Costs. If final agency action of the board in a proceeding under
this section is adverse to the applicant or licensee, the costs of the board's
proceedings shall be charged to the applicant or licensee as in ordinary
civil actions in the district court, but if the board is the unsuccessful party,
the costs shall be paid by the board. Witness fees and costs may be taxed
by the board according to the statutes relating to procedure in the district
court. All costs accrued by the board, when it is the successful party, and
which the attorney general certifies cannot be collected from the appli-
cant or licensee shall be paid from the board of nursing fee fund. All
moneys collected following board proceedings shall be credited in full to
the board of nursing fee fund.

(e) Professional incompetency defined. As used in this section, ``pro-
fessional incompetency'' means:

(1) One or more instances involving failure to adhere to the appli-
cable standard of care to a degree which constitutes gross negligence, as
determined by the board;

(2) repeated instances involving failure to adhere to the applicable
standard of care to a degree which constitutes ordinary negligence, as
determined by the board; or

(3) a pattern of practice or other behavior which demonstrates a man-
ifest incapacity or incompetence to practice nursing.

(f) Criminal justice information. The board upon request shall receive

1098             1997 Session Laws of Kansas             Ch. 158

from the Kansas bureau of investigation, without charge, such criminal
history record information relating to arrests and criminal convictions as
necessary for the purpose of determining initial and continuing qualifi-
cations of licensees of and applicants for licensure by the board.

Sec. 5. K.S.A. 1996 Supp. 65-1124 is hereby amended to read as
follows: 65-1124. No provisions of this law shall be construed as prohib-
iting:

(a) Gratuitous nursing by friends or members of the family;

(b) the incidental care of the sick by domestic servants or persons
primarily employed as housekeepers;

(c) caring for the sick in accordance with tenets and practices of any
church or religious denomination which teaches reliance upon spiritual
means through prayer for healing;

(d) nursing assistance in the case of an emergency;

(e) the practice of nursing by students enrolled in accredited schools
of professional or practical nursing or programs of advanced registered
professional nursing approved by the board nor nursing by graduates of
such schools or courses pending the results of the first licensure exami-
nation scheduled following such graduation but in no case to exceed 90
days, whichever comes first;

(f) the practice of nursing in this state by legally qualified nurses of
any of the other states as long as the engagement of any such nurse
requires the nurse to accompany and care for a patient temporarily re-
siding in this state during the period of one such engagement not to
exceed six months in length, and as long as such nurses do not represent
or hold themselves out as nurses licensed to practice in this state;

(g) the practice by any nurse who is employed by the United States
government or any bureau, division or agency thereof, while in the dis-
charge of official duties;

(h) auxiliary patient care services performed in medical care facilities,
adult care homes or elsewhere by persons under the direction of a person
licensed to practice medicine and surgery or a person licensed to practice
dentistry or the supervision of a registered professional nurse or a licensed
practical nurse;

(i) the administration of medications to residents of adult care homes
or to patients in hospital-based long-term care units, including state op-
erated institutions for the mentally retarded, by an unlicensed person who
has been certified as having satisfactorily completed a training program
in medication administration approved by the secretary of health and
environment and has completed the program on continuing education
adopted by the secretary, or by an unlicensed person while engaged in
and as a part of such training program in medication administration;

(j) the practice of mental health technology by licensed mental health

Ch. 158             1997 Session Laws of Kansas             1099

technicians as authorized under the mental health technicians' licensure
act;

(k) performance in the school setting of selected nursing procedures,
as specified by when delegated by a licensed professional nurse in accor-
dance with the rules and regulations of the board, necessary for students;

(l) performance of attendant care services directed by or on behalf
of an individual in need of in-home care as the terms ``attendant care
services'' and ``individual in need of in-home care'' are defined under
K.S.A. 65-6201 and amendments thereto;

(m) performance of a nursing procedure by a person when that pro-
cedure is delegated by a licensed nurse, within the reasonable exercise of
independent nursing judgment and is performed with reasonable skill and
safety by that person under the supervision of a registered professional
nurse or a licensed practical nurse; or

(n) the practice of nursing by an applicant for Kansas nurse licensure
in the supervised clinical portion of a refresher course.

Sec. 6. K.S.A. 65-1131 is hereby amended to read as follows: 65-
1131. (a) (1) Certification. Upon application to the board by any profes-
sional nurse in this state and upon satisfaction of the standards and
requirements established by the board under K.S.A. 65-1130 and amend-
ments thereto, the board may issue a certificate of qualification to such
applicant authorizing the applicant to perform the duties of an advanced
registered nurse practitioner as defined by the board under K.S.A. 65-
1130 and amendments thereto.

(2) The board may issue a certificate to practice nursing as an ad-
vanced registered nurse practitioner to an applicant who has been duly
licensed or certified as an advanced registered nurse practitioner under
the laws of another state or territory if, in the opinion of the board, the
applicant meets the qualifications required of an advanced registered
nurse practitioner in this state. Verification of the applicant's licensure or
certification status shall be required from the original state of licensure
or certification.

(3) An application to the board for a certificate of qualification, for a
certificate of qualification with temporary permit, for renewal of a certif-
icate of qualification and for reinstatement of a certificate of qualification
shall be upon such form and contain such information as the board may
require and shall be accompanied by a fee, to be established by rules and
regulations adopted by the board, to assist in defraying the expenses in
connection with the issuance of certificates of qualification as advanced
registered nurse practitioners, in an amount fixed by the board under
K.S.A. 65-1118 and amendments thereto.

(4) An application for initial certification or endorsement will be held
awaiting completion of meeting qualifications for a time period specified
in rules and regulations.

1100             1997 Session Laws of Kansas             Ch. 158

(5) The executive administrator of the board shall remit all moneys
received pursuant to this section to the state treasurer as provided by
K.S.A. 74-1108 and amendments thereto.

(b) The board may grant a one-time temporary permit to practice as
an advanced registered nurse practitioner for a period of not more than
180 days pending completion of the application for a certificate of qual-
ification.

(c) Exempt certificate. The board may issue an exempt certificate to
any advanced registered nurse practitioner as defined in rules and reg-
ulations who makes written application for such certificate on a form
provided by the board and remits a fee as established pursuant to K.S.A.
65-1118 and amendments thereto. The board may issue an exempt certif-
icate to a person who is not regularly engaged in advanced registered
nurse practice in Kansas but is a charitable health care provider as defined
by K.S.A. 75-6102 and amendments thereto. Each exempt advanced reg-
istered nurse practitioner shall be subject to all provisions of the nurse
practice act. Each exempt license may be renewed biennially subject to
the provisions of this section. To convert an exempt certificate to an active
certificate, the exempt advanced registered nurse practitioner shall meet
all the requirements of subsection (a) or K.S.A. 65-1132 and amendments
thereto. The board shall have authority to write rules and regulations to
carry out the provisions of this section.

Sec. 7. K.S.A. 1996 Supp. 65-1152 is hereby amended to read as
follows: 65-1152. (a) In order to obtain authorization from the board of
nursing to practice as a registered nurse anesthetist an individual shall
meet the following requirements:

(1) Be licensed to practice professional nursing under the Kansas
nurse practice act;

(2) has successfully completed a course of study in nurse anesthesia
in a school of nurse anesthesia accredited or approved by the board;

(3) has successfully completed an examination approved by the board
or has been certified by a national organization whose certifying standards
are approved by the board as equal to or greater than the corresponding
standards established under this act for obtaining authorization to practice
as a registered nurse anesthetist; and

(4) be required to successfully complete a refresher course as defined
in rules and regulations of the board if the individual has not been in
active anesthesia practice for five years preceding the application.

(b) Accreditation of schools of nurse anesthesia shall be based on
accreditation standards specified in K.S.A. 65-1119 65-1133 and amend-
ments thereto.

(c) Schools of nurse anesthesia accredited by the board under this
section shall offer, a masters level degree program in nurse anesthesia.

(d) For the purposes of determining whether an individual meets the

Ch. 158             1997 Session Laws of Kansas             1101

requirements of item (2) of subsection (a), the board by rules and regu-
lations shall establish criteria for determining whether a particular school
of nurse anesthesia maintains standards which are at least equal to schools
of nurse anesthesia which are accredited by the board.

Sec. 8. K.S.A. 1996 Supp. 65-4203 is hereby amended to read as
follows: 65-4203. (a) Except as is hereinafter provided, Qualification. An
applicant for a license to practice as a mental health technician shall file
with the board a written application for such license, on forms prescribed
by the board, and shall submit satisfactory evidence that the applicant:

(1) Has been satisfactorily rehabilitated if the applicant has ever been
convicted of a felony;

(2) possesses a high school education or its recognized equivalent;
and

(1) Have graduated from a high school accredited by the appropriate
legal accrediting agency or has obtained the equivalent of a high school
education, as determined by the state department of education;

(3) has (2) have satisfactorily completed an approved course of mental
health technology.; and

(3) file with the board a written application for a license.

(b) A license to perform as a mental health technician may only be
issued by the board to an applicant: (1) meeting the qualifications set
forth in subsection (a) and who has successfully passed a written exami-
nation in mental health technology as prescribed and conducted by the
board; or.

(2) who has been duly licensed by examination under the laws of
another state, territory or foreign country if, in the opinion of the board,
the requirements for licensure in such other jurisdiction equal or exceed
the qualifications required to practice as a mental health technician in
this state.

(c) Persons who are unsuccessful in passing the licensure examination
after four failures shall petition the board for permission prior to subse-
quent attempts. The board may require the applicant to submit and com-
plete a plan of study prior to taking the licensure examination for the fifth
time or any subsequent attempt. within 24 months after graduation shall
be required by the board to submit and complete a plan of study prior to
taking the licensure examination for a subsequent time.

(d) An application for initial licensure will be held awaiting comple-
tion of meeting qualifications for a time period specified in rules and
regulations.

(d) (e) The board may issue a one-time temporary permit to practice
as a mental health technician for a period not to exceed 120 days when
a reinstatement application has been made.

(e) (f) Exempt license. The board may issue an exempt license to any
licensee as defined in rules and regulations who makes written application

1102             1997 Session Laws of Kansas             Ch. 158

for such license on a form provided by the board and remits a fee as
established pursuant to K.S.A. 65-4208 and amendments thereto. The
board may issue an exempt license to a person who is not regularly en-
gaged in mental health technician practice in Kansas but is a charitable
health care provider as defined by K.S.A. 75-6102 and amendments
thereto. Each exempt licensee shall be subject to all provisions of the men-
tal health technician act, except as otherwise provided in this subsection
(e). Each exempt license may be renewed biennially subject to the provi-
sions of this section. The holder of the exempt license shall not be required
to submit evidence of satisfactory completion of a program of continuing
education for renewal. To convert an exempt license to an active license,
the exempt licensee shall meet all the requirements of subsection (b) or
K.S.A. 65-4205 and amendments thereto. The board shall have authority
to write rules and regulations to carry out the provisions of this section.

(g) The board may adopt rules and regulations as necessary to ad-
minister the mental health technician's licensure act.

Sec. 9. K.S.A. 65-4208 is hereby amended to read as follows: 65-
4208. The board shall collect in advance the fees provided for in this act,
the amount of which shall be fixed by the board by rules and regulations,
but not to exceed:

(a) Mental health technician programs:

Annual renewal of program approval.............................          $110

Survey of a new program........................................           220

Application for approval of continuing education providers.....           200

Annual fee for continuing education providers..................            75

(b) Mental health technicians:

Application for license........................................           $50

Application for renewal of license.............................         30 60

Application for reinstatement..................................         36 70

Application for reinstatement of license with temporary permit.            75

Certified copy of license......................................            12

Duplicate of license...........................................            12

Inactive license...............................................            20

Examination....................................................            40

Reexamination..................................................            40

Verification of current Kansas license to other states.........            11

Application for exempt license.................................            50

Application for biennial renewal of exempt license.............            50

Sec. 10. K.S.A. 1996 Supp. 65-4209 is hereby amended to read as
follows: 65-4209. (a) The board may deny, revoke, limit or suspend any
license to practice as a mental health technician issued or applied for in
accordance with the provisions of this act, may publicly or privately cen-
sure a licensee or may otherwise discipline a licensee upon proof that the
licensee:

(1) Is guilty of fraud or deceit in procuring or attempting to procure
a license to practice mental health technology;

Ch. 158             1997 Session Laws of Kansas             1103

(2) is unable to practice with reasonable skill and safety due to current
abuse of drugs or alcohol;

(3) to be a person who has been adjudged in need of a guardian or
conservator, or both, under the act for obtaining a guardian or conser-
vator, or both, and who has not been restored to capacity under that act;

(4) is incompetent or grossly negligent in carrying out the functions
of a mental health technician;

(5) has committed unprofessional conduct as defined by rules and
regulations of the board;

(6) has been convicted of a felony or has been convicted of a mis-
demeanor involving an illegal drug offense, if the board determines, after
investigation, that the person has not been sufficiently rehabilitated unless
the applicant or licensee establishes sufficient rehabilitation to warrant
the public trust, except that notwithstanding K.S.A. 74-120 no license,
certificate of qualification or authorization to practice as a licensed mental
health technician shall be granted to a person with a felony conviction for
a crime against persons as specified in article 34 of chapter 21 of the
Kansas Statutes Annotated and acts amendatory thereof or supplemental
thereto;

(7) has committed an act of professional incompetency as defined in
subsection (e);

(8) to have willfully or repeatedly violated the provisions of the mental
health technician's licensure act or rules and regulations adopted under
that act and amendments thereto; or

(9) to have a license to practice mental health technology denied,
revoked, limited or suspended, or to be publicly or privately censured,
by a licensing authority of another state, agency of the United States
government, territory of the United States or country or to have other
disciplinary action taken against the applicant or licensee by a licensing
authority of another state, agency of the United States government, ter-
ritory of the United States or country. A certified copy of the record or
order of public or private censure, denial, suspension, limitation, revo-
cation or other disciplinary action of the licensing authority of another
state, agency of the United States government, territory of the United
States or country shall constitute prima facie evidence of such a fact for
purposes of this paragraph (9).

(b) Upon filing a sworn complaint with the board charging a person
with having been guilty of any of the unlawful practices specified in sub-
section (a), two or more members of the board shall investigate the
charges, or the board may designate and authorize an employee or em-
ployees of the board to conduct an investigation. After investigation, the
board may institute charges. If an investigation, in the opinion of the
board, reveals reasonable grounds to believe the applicant or licensee is
guilty of the charges, the board shall fix a time and place for proceedings,

1104             1997 Session Laws of Kansas             Ch. 158

which shall be conducted in accordance with the Kansas administrative
procedure act.

(c) No person shall be excused from testifying in any proceedings
before the board under the mental health technician's licensure act or in
any civil proceedings under such act before a court of competent juris-
diction on the ground that the testimony may incriminate the person
testifying, but such testimony shall not be used against the person for the
prosecution of any crime under the laws of this state except the crime of
perjury as defined in K.S.A. 21-3805 and amendments thereto.

(d) If final agency action of the board in a proceeding under this
section is adverse to the applicant or licensee, the costs of the board's
proceedings shall be charged to the applicant or licensee as in ordinary
civil actions in the district court, but if the board is the unsuccessful party,
the costs shall be paid by the board. Witness fees and costs may be taxed
by the board according to the statutes relating to procedure in the district
court. All costs accrued by the board, when it is the successful party, and
which the attorney general certifies cannot be collected from the appli-
cant or licensee shall be paid from the board of nursing fee fund. All
moneys collected following board proceedings shall be credited in full to
the board of nursing fee fund.

(e) As used in this section, ``professional incompetency'' means:

(1) One or more instances involving failure to adhere to the appli-
cable standard of care to a degree which constitutes gross negligence, as
determined by the board;

(2) repeated instances involving failure to adhere to the applicable
standard of care to a degree which constitutes ordinary negligence, as
determined by the board; or

(3) a pattern of practice or other behavior which demonstrates a man-
ifest incapacity or incompetence to practice mental health technology.

(f) The board upon request shall receive from the Kansas bureau of
investigation, without charge, such criminal history record information
relating to criminal convictions as necessary for the purpose of determin-
ing initial and continuing qualifications of licensees of and applicants for
licensure by the board.

(g) All proceedings under this section shall be conducted in accor-
dance with the provisions of the Kansas administrative procedure act.

Sec. 11. K.S.A. 74-7008 is hereby amended to read as follows: 74-
7008. (a) The board may appoint an executive director and an assistant
executive director who shall be in the unclassified service of the Kansas
civil service act and shall receive an annual salary fixed by the board.

(b) Members of the state board of technical professions attending
meetings of such board, or attending a subcommittee meeting thereof
authorized by such board, shall be paid compensation, subsistence allow-

Ch. 158             1997 Session Laws of Kansas             1105

ances, mileage and other expenses as provided in K.S.A. 75-3223 and
amendments thereto.

(c) The board may employ clerical personnel and other assistants all
of whom shall be in the classified service under the Kansas civil service
act and may make and enter into contracts of employment with such
professional personnel as may be necessary, in the board's judgment, for
the performance of its duties and functions and the execution of its pow-
ers.

Sec. 12. K.S.A. 74-7009 is hereby amended to read as follows: 74-
7009. (a) The following nonrefundable fees shall be collected by the
board:

(1) For a an original license, issued upon the basis of an examination
given by the board, an application fee in the sum of $25 not more than
$200 plus an amount, to be determined by the board, equal to the cost
of the respective any examination required by the board in each branch
of the technical professions.;

(2) for a license by reciprocity under K.S.A. 74-7024 and amendments
thereto, an application fee of not more than $500;

(3) for a certificate of authorization for a corporation, the sum of not
more than $150. $300;

(4) for the biennial renewal of a license, the sum of not more than
$50. $200; and

(5) for the biennial renewal of a certificate of authorization for a cor-
poration, the sum of not more than $75 $300.

(b) On or before November 15, each year, the board shall determine
the amount necessary to administer the provisions of this act for the en-
suing calendar year including the amount to be credited to the state gen-
eral fund, and shall fix the fees for such year at the sum deemed necessary
for such purposes.

(c) The board shall remit all moneys received by or for it from fees,
charges or penalties to the state treasurer at least monthly. Upon receipt
of each such remittance the state treasurer shall deposit the entire amount
thereof in the state treasury. Twenty percent of each such deposit shall
be credited to the state general fund and the balance shall be credited to
the technical professions fee fund, which fund is hereby created. All ex-
penditures from such fund shall be made in accordance with appropria-
tion acts upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the chairperson of the board or by a
person or persons designated by the chairperson.

Sec. 13. K.S.A. 74-7024 is hereby amended to read as follows: 74-
7024. (a) Any person who holds a current license or certificate of quali-
fication or registration to practice any branch of the technical professions
issued by the proper authority in any other state or political subdivision
of the United States or in any other country may be exempted from

1106             1997 Session Laws of Kansas             Ch. 158

examination for licensure in this state if the requirements under which
said such license or certificate was issued are of a standard accepted by
the board and if the person's record fully meets the requirements of this
state in all respects other than examination. The board may issue, upon
application therefor and receipt of payment of the application fee pre-
scribed under K.S.A. 74-7009, and amendments thereto, or the fee which
would be charged a licensee who is a resident of the state of Kansas
applying for licensure or certification in the state in which the applicant
for licensure in this state resides, whichever is greater, a license to practice
the appropriate technical profession if the proper authority of the state,
political subdivision or country from which the applicant holds a license
or certificate agrees to accept on an equal basis persons who hold licenses
issued by the authority of this state.

(b) The board may exempt from examination and may issue upon
application therefor and the payment of the application fee prescribed in
K.S.A. 74-7009, and amendments thereto, the appropriate license to (1)
any engineer who holds a license or certificate of qualification or regis-
tration issued by proper authority of the national council of state boards
of engineering examiners, or of the national bureau of engineering reg-
istration; and (2) any architect who holds a certificate of the national
council of architectural registration board or the equivalent thereof, as
determined by the board.

Sec. 14. K.S.A. 74-7035 is hereby amended to read as follows: 74-
7035. The provisions of this act shall not apply to:

(a) The practice of any technical profession by a person who is not a
resident of and has no established place of business in the state of Kansas,
or who has recently become a resident of this state, if such person has
filed with the board an application for a license and has paid the appli-
cation fee required by this act. Such person shall be legally qualified by
license or registration to practice the profession in such person's own state
or country in which the requirements and qualifications for obtaining a
license or certificate of registration are not lower than those specified in
this act. Such practice shall continue only for such time as the board
requires for the consideration of the application for license;

(b) (a) The work of an employee or a subordinate of a person holding
a license under this act, or an employee of a person practicing lawfully
under subsection (a), if such work does not include final designs or de-
cisions, responsible charge of design or supervision and is done under the
direct responsibility and supervision of a person practicing lawfully under
subsection (a) a technical profession;

(c) (b) the practice of persons who are not residents of and have not
established a place of business in this state, who are acting as consulting
associates of persons licensed under the provisions of this act and who

Ch. 158             1997 Session Laws of Kansas             1107

are legally qualified for such professional service in such persons' own
state or country;

(d) (c) the practice of persons who are employees of any person, firm
or corporation and who do not offer to the public their services in the
technical professions;

(e) (d) the practice of any person who is exclusively and regularly
employed by one employer only, the employer not being an engineering,
architectural or land surveying firm, and the employer not being primarily
engaged in the business of conveying an interest in real property, in an
employer-employee relationship, in making surveys of land and deter-
minations of physical property rights in connection only with the affairs
of such employer or its subsidiaries and affiliates and for the uses, pur-
poses and benefit of such employer, subsidiaries and affiliates, only;

(f) a nonresident person who holds a license or certificate of regis-
tration to practice the technical professions in another state and whose
practice in this state is limited to agreeing to perform or holding the
person's self out as able to perform a technical profession, if the person
notifies the board in writing before engaging in such practice and does
not engage in such practice for more than 30 days. If, within that time,
the person applies for licensure to practice the technical professions in
this state, the person may practice in this state to the extent permitted
by subsection (a);

(g) (e) a plumbing contractor, master plumber or journeyman
plumber licensed under the provisions of K.S.A. 12-1508 et seq., and
amendments thereto, while performing the work such plumber is au-
thorized to perform pursuant to such license; or

(h) (f) an electrical contractor, master electrician, journeyman, elec-
trician or residential electrician licensed under the provisions of K.S.A.
12-1525 et seq., and amendments thereto, while performing the work
such electrician is authorized to perform pursuant to such license.

(i) (g) For purposes of this act, public officers and employees who,
within the scope of their employment and in the discharge of their public
duties, provide information pertinent to or review the sufficiency of tech-
nical submissions, or who inspect property or buildings for compliance
with requirements safeguarding life, health or property, are not engaged
in the practice of the technical professions.

Sec. 15. K.S.A. 65-1131, 65-4208, 74-7008, 74-7009, 74-7024 and 74-
7035 and K.S.A. 1996 Supp. 65-1115, 65-1116, 65-1118, 65-1120, 65-
1124, 65-1152, 65-4203 and 65-4209 are hereby repealed.

Sec. 16. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 9, 1997.