KS
Kansas House Bill HB2262

Kansas 2023-2024 Regular Session

Kansas House Bill HB2262 Compare Versions

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1+Session of 2023
12 HOUSE BILL No. 2262
2-AN ACT concerning public health; relating to embalmer educational requirements;
3-allowing an individual to complete six months of an embalmer apprenticeship prior
4-to enrolling in a school of mortuary science; amending K.S.A. 65-1701a and 65-1703
5-and repealing the existing sections.
3+By Committee on Health and Human Services
4+2-1
5+AN ACT concerning public health; relating to embalmer educational
6+requirements; allowing an individual to complete six months of an
7+embalmer apprenticeship prior to enrolling in a school of mortuary
8+science; amending K.S.A. 65-1701a and 65-1703 and repealing the
9+existing sections.
610 Be it enacted by the Legislature of the State of Kansas:
7-Section 1. K.S.A. 65-1701a is hereby amended to read as follows:
8-65-1701a. (a) Except as otherwise provided by K.S.A. 65-1701b, and
9-amendments thereto, each applicant for a license to practice embalming
10-in this state, in order to be eligible for examination, shall be required to
11-show to the satisfaction of the state board of mortuary arts that:
12-(1) Prior to July 1, 1991, the applicant: (A) Successfully
13-completed courses in a community college, college or university
14-accumulating at least 60 semester hours; and (B) attended graduated
15-from a school of mortuary science approved by the board which that
16-offers a twelve-month 12-month course in mortuary science and prior
17-to the effective date of this act graduated therefrom accumulating
18-during this training with at least 30 semester hours in mortuary science;
19-or
11+Section 1. K.S.A. 65-1701a is hereby amended to read as follows: 65-
12+1701a. (a) Except as otherwise provided by K.S.A. 65-1701b, and
13+amendments thereto, each applicant for a license to practice embalming in
14+this state, in order to be eligible for examination, shall be required to show
15+to the satisfaction of the state board of mortuary arts that:
16+(1) Prior to July 1, 1991, the applicant: (A) Successfully completed
17+courses in a community college, college or university accumulating at least
18+60 semester hours; and (B) attended graduated from a school of mortuary
19+science approved by the board which that offers a twelve-month 12-month
20+course in mortuary science and prior to the effective date of this act
21+graduated therefrom accumulating during this training with at least 30
22+semester hours in mortuary science; or
2023 (2) on and after July 1, 1991, the applicant has graduated from a
2124 community college, college or university with at least an AA degree in
2225 mortuary science, which degree program is approved by the board.
2326 (b) Except as otherwise provided in K.S.A. 65-1701b, and
24-amendments thereto, each applicant for a license to practice embalming
25-in this state, in order to be eligible for a full apprenticeship, as provided
26-in subsection (c), shall be required to submit to an examination
27-approved by the state board of mortuary arts. An applicant who is
28-completing a split apprenticeship, as provided in subsection (c), in
29-order to be eligible for the second six-month period of the
30-apprenticeship, shall be required to submit to an examination approved
31-by the board. Each applicant shall be required to register with the
32-secretary of the board in the manner and at the time required by the
33-board before submitting to examination. The examination fee and
34-registration fee shall be in the amounts fixed by the board in
35-accordance with K.S.A. 65-1727, and amendments thereto. The board
36-may require that fees paid for an examination be paid by the person
37-taking the examination directly to the examination service providing
38-the examination approved by the board.
27+amendments thereto, each applicant for a license to practice embalming in
28+this state, in order to be eligible for a full apprenticeship, as provided in
29+subsection (c), shall be required to submit to an examination approved by
30+the state board of mortuary arts. An applicant who is completing a split
31+apprenticeship, as provided in subsection (c), in order to be eligible for the
32+second six-month period of the apprenticeship, shall be required to submit
33+to an examination approved by the board. Each applicant shall be required
34+to register with the secretary of the board in the manner and at the time
35+required by the board before submitting to examination. The examination
36+fee and registration fee shall be in the amounts fixed by the board in
37+accordance with K.S.A. 65-1727, and amendments thereto. The board may
38+require that fees paid for an examination be paid by the person taking the
39+examination directly to the examination service providing the examination
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76+approved by the board.
3977 (c) Except as otherwise provided by K.S.A. 65-1701b, and
40-amendments thereto, each applicant for a license to practice embalming
41-in this state, in order to be eligible for licensure, shall successfully pass
42-a written examination established by rules and regulations of the board
43-and shall successfully serve complete a full-time 12-month
44-apprenticeship of one year under the supervision of a Kansas licensed
45-embalmer or an embalmer approved by the board. The board by rules
46-and regulations shall establish the score for the successful completion
47-of the written examination.
78+amendments thereto, each applicant for a license to practice embalming in
79+this state, in order to be eligible for licensure, shall successfully pass a
80+written examination established by rules and regulations of the board and
81+shall successfully serve complete a full-time 12-month apprenticeship of
82+one year under the supervision of a Kansas licensed embalmer or an
83+embalmer approved by the board. The board by rules and regulations shall
84+establish the score for the successful completion of the written
85+examination.
4886 (1) Such 12-month apprenticeship may be completed as either a:
4987 (A) Full apprenticeship, with all 12 months being served after
5088 graduation from a school of mortuary science; or
51-(B) split apprenticeship, wherein the 12-month apprenticeship is
52-split into two continuous six-month periods. The first six-month period
53-shall be completed within the 12 months prior to enrollment in a school
54-of mortuary science, and the remaining six-month period shall be
55-completed after graduation from such school of mortuary science.
89+(B) split apprenticeship, wherein the 12-month apprenticeship is split
90+into two continuous six-month periods. The first six-month period shall be
91+completed within the 12 months prior to enrollment in a school of
92+mortuary science, and the remaining six-month period shall be completed
93+after graduation from such school of mortuary science.
5694 (d) (1) The board shall adopt rules and regulations establishing the
5795 criteria which a school of mortuary science or college or university
58-offering at least an AA degree in mortuary science shall satisfy in order
59-to obtain board approval under subsection (a).
60-(2) The board may send a questionnaire developed by the board to HOUSE BILL No. 2262—page 2
61-any school of mortuary science or college or university offering at least
62-an AA degree in mortuary science for which the board does not have
96+offering at least an AA degree in mortuary science shall satisfy in order to
97+obtain board approval under subsection (a).
98+(2) The board may send a questionnaire developed by the board to
99+any school of mortuary science or college or university offering at least an
100+AA degree in mortuary science for which the board does not have
63101 sufficient information to determine whether the school, college or
64102 university meets the criteria for approval established by rules and
65103 regulations adopted under this section. The questionnaire providing the
66104 necessary information shall be completed and returned to the board in
67105 order for the school, college or university to be considered for approval.
68-(3) The board may contract with investigative agencies,
69-commissions or consultants to assist the board in obtaining information
70-about such schools, colleges or universities. In entering such contracts
71-the authority to approve schools, colleges or universities shall remain
72-solely with the board.
106+(3) The board may contract with investigative agencies, commissions
107+or consultants to assist the board in obtaining information about such
108+schools, colleges or universities. In entering such contracts the authority to
109+approve schools, colleges or universities shall remain solely with the
110+board.
73111 Sec. 2. K.S.A. 65-1703 is hereby amended to read as follows: 65-
74112 1703. (a) (1) It is unlawful for any person who is not licensed as an
75113 embalmer to advertise, practice, offer to practice, or hold oneself out as
76-practicing the science of embalming, either by arterial or cavity
77-treatment, or otherwise, in this state, or to embalm any dead human
78-body for shipment or transportation by common or private carrier.
79-(2) It is unlawful for any common carrier to receive for
80-transportation or to transport any dead human body unless the body has
81-been prepared by a licensed embalmer, in accordance with this act and
82-the rules and regulations of the board.
83-(3) No one except a licensed embalmer, an apprentice embalmer
84-or a student embalmer under the provisions of this act and rules and
85-regulations of the board shall be permitted to do any of the actual
86-embalming of a dead human body, and no licensed embalmer shall
87-permit anyone who is not a licensed embalmer, an apprentice embalmer
88-or a student embalmer assigned to such embalmer, to perform in such
89-embalmer's place of business, or elsewhere, or under such embalmer's
90-supervision, any of the actual embalming of a dead human body, or
91-perform any act necessary to embalm and preserve a dead human body.
92-(b) Student embalmers shall preregister or register with the board
93-and be under the direct personal supervision of a licensed Kansas
94-embalmer at all times during the embalming process. Apprentice
95-embalmers shall be under the personal supervision of a licensed
96-embalmer except under a split apprenticeship pursuant to K.S.A. 65-
97-1701a, and amendments thereto, during which the apprentice
98-embalmer shall be under the direct personal supervision of a licensed
99-embalmer for the first six-month period.
114+practicing the science of embalming, either by arterial or cavity treatment,
115+or otherwise, in this state, or to embalm any dead human body for
116+shipment or transportation by common or private carrier.
117+(2) It is unlawful for any common carrier to receive for transportation
118+or to transport any dead human body unless the body has been prepared by
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162+a licensed embalmer, in accordance with this act and the rules and
163+regulations of the board.
164+(3) No one except a licensed embalmer, an apprentice embalmer or a
165+student embalmer under the provisions of this act and rules and regulations
166+of the board shall be permitted to do any of the actual embalming of a dead
167+human body, and no licensed embalmer shall permit anyone who is not a
168+licensed embalmer, an apprentice embalmer or a student embalmer
169+assigned to such embalmer, to perform in such embalmer's place of
170+business, or elsewhere, or under such embalmer's supervision, any of the
171+actual embalming of a dead human body, or perform any act necessary to
172+embalm and preserve a dead human body.
173+(b) Student embalmers shall preregister or register with the board and
174+be under the direct personal supervision of a licensed Kansas embalmer at
175+all times during the embalming process. Apprentice embalmers shall be
176+under the personal supervision of a licensed embalmer except under a split
177+apprenticeship pursuant to K.S.A. 65-1701a, and amendments thereto,
178+during which the apprentice embalmer shall be under the direct personal
179+supervision of a licensed embalmer for the first six-month period.
100180 (c) As used in this section:
101-(1) The term "Actual embalming" as used in this section shall not
102-be construed to does not include dressing the hair, bathing, moving or
181+(1) The term "Actual embalming" as used in this section shall not be
182+construed to does not include dressing the hair, bathing, moving or
103183 dressing the body, or cosmetic work.
104184 (2) The term "Direct personal supervision" means that a licensed
105185 Kansas embalmer takes full responsibility for actions of the student
106186 embalmer and shall be physically present at all times.
107-(3) The term "Personal supervision" means that a licensed
108-embalmer takes full responsibility for the actions of the apprentice
109-embalmer, but does not require any physical presence. HOUSE BILL No. 2262—page 3
187+(3) The term "Personal supervision" means that a licensed embalmer
188+takes full responsibility for the actions of the apprentice embalmer, but
189+does not require any physical presence.
110190 Sec. 3. K.S.A. 65-1701a and 65-1703 are hereby repealed.
111191 Sec. 4. This act shall take effect and be in force from and after its
112192 publication in the statute book.
113-I hereby certify that the above Bill originated in the House, and passed
114-that body
115-Speaker of the House.
116-Chief Clerk of the House.
117-
118-Passed the SENATE ______________________________________________________________________________
119-President of the Senate.
120-Secretary of the Senate.
121-APPROVED __________________________________________________________________________________________________
122-Governor.
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