Kansas 2023-2024 Regular Session

Kansas House Bill HB2388 Compare Versions

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1	1	Session of 2023
2	2	HOUSE BILL No. 2388
3	3	By Committee on Commerce, Labor and Economic Development
4	4	2-9
5	5	AN ACT concerning occupational regulation; relating to occupational
6	6	licenses; requiring that licensing bodies provide verified electronic
7	7	credentials, in addition to paper-based credentials, to all credential
8	8	holders, including military servicemembers and others receiving
9	9	Kansas credentials based on their credentials from other jurisdictions;
10	10	requiring licensing bodies to use centralized electronic credential data
11	11	management systems capable of providing instantaneous credential
12	12	verification; mandating that such systems maintain an auditable record;
13	13	amending K.S.A. 2022 Supp. 48-3406 and repealing the existing
14	14	section.
15	15	WHEREAS, The legislature recognizes that many working Americans,
16	16	particularly military families, rely on a professional license for
17	17	employment and that transferability of licensing between states has
18	18	become expensive and time consuming; and
19	19	WHEREAS, Transferable occupational licensing, eased requirements
20	20	on license reciprocity for military families and expediting key elements of
21	21	the licensing process represents a creative approach to ensure that our state
22	22	can accommodate as many professionals as possible; and
23	23	WHEREAS, Every professional in Kansas should have continuous
24	24	access, accurate tracking and easy organization of electronic credentials;
25	25	and
26	26	WHEREAS, Kansans and licensing bodies should be able to instantly
27	27	verify the authenticity of a professional's credential to prevent fraud and
28	28	keep Kansans safe.
29	29	Now, therefore:
30	30	Be it enacted by the Legislature of the State of Kansas:
31	31	Section 1. K.S.A. 2022 Supp. 48-3406 is hereby amended to read as
32	32	follows: 48-3406. (a) For the purposes of this section:
33	33	(1) "Applicant" means an individual who is a military spouse,
34	34	military servicemember or an individual who has established or intends to
35	35	establish residency in this state. "Applicant" with respect to law
36	36	enforcement certification by the Kansas commission on peace officers'
37	37	standards and training means an applicant who has met the employment
38	38	requirement pursuant to K.S.A. 74-5605(a), and amendments thereto.
39	39	(2) "Complete application" means the licensing body has received all
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76	76	forms, fees, documentation, a signed affidavit stating that the application
77	77	information, including necessary prior employment history, is true and
78	78	accurate and any other information required or requested by the licensing
79	79	body for the purpose of evaluating the application, consistent with this
80	80	section and the rules and regulations adopted by the licensing body
81	81	pursuant to this section. If the licensing body has received all such forms,
82	82	fees, documentation and any other information required or requested by
83	83	the licensing body, an application shall be deemed to be a complete
84	84	application even if the licensing body has not yet received a criminal
85	85	background report from the Kansas bureau of investigation.
86	86	(3) "Electronic credential" means an electronic method by which a
87	87	person may display or transmit to another person information that verifies
88	88	a person's certification, licensure, registration or permit;
89	89	(4) "Licensing body" means an official, agency, board or other entity
90	90	of the state which that authorizes individuals to practice a profession in
91	91	this state and issues a license, registration, certificate, permit or other
92	92	authorization to an individual so authorized.
93	93	(4)(5) "Military servicemember" means a current member of any
94	94	branch of the United States armed services, United States military reserves
95	95	or national guard of any state or a former member with an honorable
96	96	discharge.
97	97	(5)(6) "Military spouse" means the spouse of a military
98	98	servicemember.
99	99	(6)(7) "Private certification" means a voluntary program in which a
100	100	private organization grants nontransferable recognition to an individual
101	101	who meets personal qualifications and standards relevant to performing the
102	102	occupation as determined by the private organization.
103	103	(7)(8) "Scope of practice" means the procedures, actions, processes
104	104	and work that a person may perform under a government issued license,
105	105	registration or certification.
106	106	(9) "Verification system" means an electronic method by which the
107	107	authenticity and validity of electronic credentials are verified.
108	108	(b) Notwithstanding any other provision of law, any licensing body
109	109	shall, upon submission of a complete application, issue a paper-based and
110	110	verified electronic license, registration or certification to an applicant as
111	111	provided by this section, so that the applicant may lawfully practice the
112	112	person's occupation.
113	113	(c) An applicant who holds a valid current license, registration or
114	114	certification in another state, district or territory of the United States shall
115	115	receive a paper-based and verified electronic license, registration or
116	116	certification:
117	117	(1) If the applicant qualifies under the applicable Kansas licensure,
118	118	registration or certification by endorsement, reinstatement or reciprocity
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162	162	statutes, then pursuant to applicable licensure, registration or certification
163	163	by endorsement, reinstatement or reciprocity statutes of the licensing body
164	164	of this state for the license, registration or certification within 15 days from
165	165	the date a complete application was submitted if the applicant is a military
166	166	servicemember or military spouse or within 45 days from the date a
167	167	complete application was submitted for all other applicants; or
168	168	(2) if the applicant does not qualify under the applicable licensure,
169	169	registration or certification by endorsement, reinstatement or reciprocity
170	170	statutes of the licensing body of this state, or if the Kansas professional
171	171	practice act does not have licensure, registration or certification by
172	172	endorsement, reinstatement or reciprocity statutes, then the applicant shall
173	173	receive a license, registration or certification as provided herein if, at the
174	174	time of application, the applicant:
175	175	(A) Holds a valid current license, registration or certification in
176	176	another state, district or territory of the United States with licensure,
177	177	registration or certification requirements that the licensing body
178	178	determines authorize a similar scope of practice as those established by the
179	179	licensing body of this state, or holds a certification issued by another state
180	180	for practicing the occupation but this state requires an occupational
181	181	license, and the licensing body of this state determines that the
182	182	certification requirements certify a similar scope of practice as the
183	183	licensing requirements established by the licensing body of this state;
184	184	(B) has worked for at least one year in the occupation for which the
185	185	license, certification or registration is sought;
186	186	(C) has not committed an act in any jurisdiction that would have
187	187	constituted grounds for the limitation, suspension or revocation of the
188	188	license, certificate or registration, or that the applicant has never been
189	189	censured or had other disciplinary action taken or had an application for
190	190	licensure, registration or certification denied or refused to practice an
191	191	occupation for which the applicant seeks licensure, registration or
192	192	certification;
193	193	(D) has not been disciplined by a licensing, registering, certifying or
194	194	other credentialing entity in another jurisdiction and is not the subject of
195	195	an unresolved complaint, review procedure or disciplinary proceeding
196	196	conducted by a licensing, registering, certifying or other credentialing
197	197	entity in another jurisdiction nor has surrendered their membership on any
198	198	professional staff in any professional association or society or faculty for
199	199	another state or jurisdiction while under investigation or to avoid adverse
200	200	action for acts or conduct similar to acts or conduct that would constitute
201	201	grounds for disciplinary action in a Kansas practice act;
202	202	(E) does not have a disqualifying criminal record as determined by
203	203	the licensing body of this state under Kansas law;
204	204	(F) provides proof of solvency, financial standing, bonding or
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248	248	insurance if required by the licensing body of this state, but only to the
249	249	same extent as required of any applicant with similar credentials or
250	250	experience;
251	251	(G) pays any fees required by the licensing body of this state; and
252	252	(H) submits with the application a signed affidavit stating that the
253	253	application information, including necessary prior employment history, is
254	254	true and accurate.
255	255	Upon receiving a complete application and the provisions of subsection
256	256	(c)(2) apply and have been met by the applicant, the licensing body shall
257	257	issue the license, registration or certification within 15 days from the date
258	258	a complete application was submitted by a military servicemember or
259	259	military spouse, or within 45 days from the date a complete application
260	260	was submitted by an applicant who is not a military servicemember or
261	261	military spouse, to the applicant on a probationary basis, but may revoke
262	262	the license, registration or certification at any time if the information
263	263	provided in the application is found to be false. The probationary period
264	264	shall not exceed six months. Upon completion of the probationary period,
265	265	the license, certification or registration shall become a non-probationary
266	266	license, certification or registration.
267	267	(d) Any applicant who has not been in the active practice of the
268	268	occupation during the two years preceding the application for which the
269	269	applicant seeks a license, registration or certification under subsection (c)
270	270	(2) may be required to complete such additional testing, training,
271	271	monitoring or continuing education as the Kansas licensing body may
272	272	deem necessary to establish the applicant's present ability to practice in a
273	273	manner that protects the health and safety of the public, as provided by
274	274	subsection (j).
275	275	(e) Upon submission of a complete application, an applicant may
276	276	receive an occupational license, registration or certification based on the
277	277	applicant's work experience in another state, if the applicant:
278	278	(1) Worked in a state that does not use an occupational license,
279	279	registration, certification or private certification to regulate an occupation,
280	280	but this state uses an occupational license, registration or certification to
281	281	regulate the occupation;
282	282	(2) worked for at least three years in the occupation during the four
283	283	years immediately preceding the application; and
284	284	(3) satisfies the requirements of subsection (c)(2)(C) through (H).
285	285	(f) Upon submission of a complete application, an applicant may
286	286	receive an occupational license, registration or certification under
287	287	subsection (b) based on the applicant's holding of a private certification
288	288	and work experience in another state, if the applicant:
289	289	(1) Holds a private certification and worked in a state that does not
290	290	use an occupational license or government certification to regulate an
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334	334	occupation, but this state uses an occupational license or government
335	335	certification to regulate the occupation;
336	336	(2) worked for at least two years in the occupation;
337	337	(3) holds a current and valid private certification in the occupation;
338	338	(4) is held in good standing by the organization that issued the private
339	339	certification; and
340	340	(5) satisfies the requirements of subsection (c)(2)(C) through (H).
341	341	(g) An applicant licensed, registered or certified under this section
342	342	shall be entitled to the same rights and subject to the same obligations as
343	343	are provided by the licensing body for Kansas residents, except that
344	344	revocation or suspension of an applicant's license, registration or
345	345	certificate in the applicant's state of residence or any jurisdiction in which
346	346	the applicant held a license, registration or certificate shall automatically
347	347	cause the same revocation or suspension of such applicant's license,
348	348	registration or certificate in Kansas. No hearing shall be granted to an
349	349	applicant where such applicant's license, registration or certificate is
350	350	subject to such automatic revocation or suspension, except for the purpose
351	351	of establishing the fact of revocation or suspension of the applicant's
352	352	license, registration or certificate by the applicant's state of residence or
353	353	jurisdiction in which the applicant held a license, registration or certificate.
354	354	(h) In the event the licensing body determines that the license,
355	355	registration or certificate currently held by an applicant under subsection
356	356	(c)(2) or the work experience or private credential held by an applicant
357	357	under subsections (e) or (f), who is a military spouse or military
358	358	servicemember does not authorize a similar scope of practice as the
359	359	license, registration or certification issued by the licensing body of this
360	360	state, the licensing body shall issue a temporary permit for a limited period
361	361	of time to allow the applicant to lawfully practice the applicant's
362	362	occupation while completing any specific requirements that are required in
363	363	this state for licensure, registration or certification that were not required
364	364	in the state, district or territory of the United States in which the applicant
365	365	was licensed, registered, certified or otherwise credentialed, unless the
366	366	licensing body finds, based on specific grounds, that issuing a temporary
367	367	permit would jeopardize the health and safety of the public.
368	368	(i) In the event the licensing body determines that the license,
369	369	registration or certification currently held by an applicant under subsection
370	370	(c)(2) or the work experience or private credential held by an applicant
371	371	under subsections (e) or (f), who is not a military spouse or military
372	372	servicemember, does not authorize a similar scope of practice as the
373	373	license, registration or certification issued by the licensing body of this
374	374	state, the licensing body may issue a temporary permit for a limited period
375	375	of time to allow the applicant to lawfully practice the applicant's
376	376	occupation while completing any specific requirements that are required in
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420	420	this state for licensure, registration or certification that was not required in
421	421	the state, district or territory of the United States in which the applicant
422	422	was licensed, registered, certified or otherwise credentialed, unless the
423	423	licensing body finds, based on specific grounds, that issuing a temporary
424	424	permit would jeopardize the health and safety of the public.
425	425	(j) Any testing, continuing education or training requirements
426	426	administered under subsection (d), (h) or (i) shall be limited to Kansas law
427	427	that regulates the occupation and that are materially different from or
428	428	additional to the law of another state, or shall be limited to any materially
429	429	different or additional body of knowledge or skill required for the
430	430	occupational license, registration or certification in Kansas.
431	431	(k) A licensing body may grant licensure, registration, certification or
432	432	a temporary permit to any person who meets the requirements under this
433	433	section but was separated from such military service under less than
434	434	honorable conditions or with a general discharge under honorable
435	435	conditions.
436	436	(l) Nothing in this section shall be construed to apply in conflict with
437	437	or in a manner inconsistent with federal law or a multistate compact, or a
438	438	rule or regulation or a reciprocal or other applicable statutory provision
439	439	that would allow an applicant to receive a license. Nothing in this section
440	440	shall be construed as prohibiting a licensing body from denying any
441	441	application for licensure, registration or certification, or declining to grant
442	442	a temporary or probationary license, if the licensing body determines that
443	443	granting the application may jeopardize the health and safety of the public.
444	444	(m) Nothing in this section shall be construed to be in conflict with
445	445	any applicable Kansas statute defining the scope of practice of an
446	446	occupation. The scope of practice as provided by Kansas law shall apply to
447	447	applicants under this section.
448	448	(n) Notwithstanding any other provision of law, during a state of
449	449	emergency declared by the legislature, a licensing body may grant a
450	450	temporary emergency license to practice any profession licensed, certified,
451	451	registered or regulated by the licensing body to an applicant whose
452	452	qualifications the licensing body determines to be sufficient to protect
453	453	health and safety of the public and may prohibit any unlicensed person
454	454	from practicing any profession licensed, certified, registered or regulated
455	455	by the licensing body.
456	456	(o) Licensing bodies may shall provide paper-based and verified
457	457	electronic credentials to persons regulated by the licensing body. For
458	458	purposes of this subsection, "electronic credential" means an electronic
459	459	method by which a person may display or transmit to another person
460	460	information that verifies a person's certification, licensure, registration or
461	461	permit. A licensing body may prescribe the format or requirements of the
462	462	electronic credential to be used by the licensing body. Any statutory or
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506	506	regulatory requirement to display, post or produce a credential issued by a
507	507	licensing body may be satisfied by the proffer of an electronic credential
508	508	authorized by the licensing body. Licensing bodies shall utilize a central
509	509	electronic record system to issue, revoke, suspend and maintain oversight
510	510	of electronic credentials. A licensing body may use a third-party electronic
511	511	credential system that is not maintained by the licensing body. Such
512	512	electronic credential system shall include a an instantaneous verification
513	513	system that is operated by the licensing body or its agent on behalf of the
514	514	licensing body for the purpose of instantly verifying the authenticity and
515	515	validity of electronic credentials issued by the licensing body. Electronic
516	516	credential systems shall maintain an auditable record of credentials issued
517	517	by each licensing body.
518	518	(p) Each licensing body shall adopt rules and regulations necessary to
519	519	implement and carry out the provisions of this section.
520	520	(q) This section shall not apply to the practice of law or the regulation
521	521	of attorneys pursuant to K.S.A. 7-103, and amendments thereto.
522	522	(r) The state board of healing arts and the state board of technical
523	523	professions, with respect to an applicant who is seeking a license to
524	524	practice professional engineering or engage in the practice of engineering,
525	525	as defined in K.S.A. 74-7003, and amendments thereto, may deny an
526	526	application for licensure, registration or certification, or decline to grant a
527	527	temporary or probationary license, if the board determines the applicant's
528	528	qualifications are not substantially equivalent to those established by the
529	529	board. Such boards shall not otherwise be exempt from the provisions of
530	530	this act.
531	531	(s) This section shall apply to all licensing bodies not excluded under
532	532	subsection (q), including, but not limited to:
533	533	(1) The abstracters' board of examiners;
534	534	(2) the board of accountancy;
535	535	(3) the board of adult care home administrators;
536	536	(4) the secretary for aging and disability services, with respect to
537	537	K.S.A. 65-5901 et seq. and K.S.A. 65-6503 et seq., and amendments
538	538	thereto;
539	539	(5) the Kansas board of barbering;
540	540	(6) the behavioral sciences regulatory board;
541	541	(7) the Kansas state board of cosmetology;
542	542	(8) the Kansas dental board;
543	543	(9) the state board of education;
544	544	(10) the Kansas board of examiners in fitting and dispensing of
545	545	hearing instruments;
546	546	(11) the board of examiners in optometry;
547	547	(12) the state board of healing arts, as provided by subsection (r);
548	548	(13) the secretary of health and environment, with respect to K.S.A.
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592	592	82a-1201 et seq., and amendments thereto;
593	593	(14) the commissioner of insurance, with respect to K.S.A. 40-241
594	594	and 40-4901 et seq., and amendments thereto;
595	595	(15) the state board of mortuary arts;
596	596	(16) the board of nursing;
597	597	(17) the state board of pharmacy;
598	598	(18) the Kansas real estate commission;
599	599	(19) the real estate appraisal board;
600	600	(20) the state board of technical professions, as provided by
601	601	subsection (r); and
602	602	(21) the state board of veterinary examiners.
603	603	(t) All proceedings pursuant to this section shall be conducted in
604	604	accordance with the provisions of the Kansas administrative procedure act
605	605	and shall be reviewable in accordance with the Kansas judicial review act.
606	606	(u) Commencing on July 1, 2021, and each year thereafter, each
607	607	licensing body listed in subsection (s)(1) through (21) shall provide a
608	608	report for the period of July 1 through June 30 to the director of legislative
609	609	research by August 31 of each year, providing information requested by
610	610	the director of legislative research to fulfill the requirements of this
611	611	subsection. The director of legislative research shall develop the report
612	612	format, prepare an analysis of the reports and submit and present the
613	613	analysis to the office of the governor, the committee on commerce, labor
614	614	and economic development of the house of representatives, the committee
615	615	on commerce of the senate, the committee on appropriations of the house
616	616	of representatives and the committee on ways and means of the senate by
617	617	January 15 of the succeeding year. The director's report may provide any
618	618	analysis the director deems useful and shall provide the following items,
619	619	detailed by applicant type, including military servicemember, military
620	620	spouse and non-military individual:
621	621	(1) The number of applications received under the provisions of this
622	622	section;
623	623	(2) the number of applications granted under this section;
624	624	(3) the number of applications denied under this section;
625	625	(4) the average time between receipt of the application and
626	626	completion of the application;
627	627	(5) the average time between receipt of a complete application and
628	628	issuance of a license, certification or registration; and
629	629	(6) identification of applications submitted under this section where
630	630	the issuance of credentials or another determination by the licensing body
631	631	was not made within the time limitations pursuant to this section and the
632	632	reasons for the failure to meet such time limitations.
633	633	All information shall be provided by the licensing body to the director
634	634	of legislative research in a manner that maintains the confidentiality of all
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677	677	43 HB 2388 9
678	678	applicants and in aggregate form that does not permit identification of
679	679	individual applicants.
680	680	Sec. 2. K.S.A. 2022 Supp. 48-3406 is hereby repealed.
681	681	Sec. 3. This act shall take effect and be in force from and after its
682	682	publication in the statute book.
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