HOUSE BILL No. 2745
AN ACT concerning occupational licensing; relating to occupational licensing,
certification and registration fees; providing that military spouses of active military
servicemembers shall be exempted from all such fees; amending K.S.A. 2023 Supp.
48-3406 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2023 Supp. 48-3406 is hereby amended to read
as follows: 48-3406. (a) For the purposes of this section:
(1) "Applicant" means an individual who is:
(A) A military spouse, or military servicemember who resides or
plans to reside in this state due to the assigned military station of the
individual or the individual's spouse; or
(B) an individual who has established or intends to establish
residency in this state.
(2) "Complete application" means the licensing body has received
all forms, fees, documentation, a signed affidavit stating that the
application information, including necessary prior employment history,
is true and accurate and any other information required or requested by
the licensing body for the purpose of evaluating the application,
consistent with this section and the rules and regulations adopted by the
licensing body pursuant to this section. If the licensing body has
received all such forms, fees, documentation and any other information
required or requested by the licensing body, an application shall be
deemed to be a complete application even if the licensing body has not
yet received a criminal background report from the Kansas bureau of
investigation. An application by a military spouse of an active military
servicemember shall be considered a "complete application" without
the submission of fees, pursuant to the provisions of subsection (u).
(3) "Electronic credential" or "electronic certification, license or
registration" means an electronic method by which a person may
display or transmit to another person information that verifies the status
of a person's certification, licensure, registration or permit as authorized
by a licensing body and is equivalent to a paper-based certification,
license, registration or permit.
(4) "Licensing body" means an official, agency, board or other
entity of the state that authorizes individuals to practice a profession in
this state and issues a license, registration, certificate, permit or other
authorization to an individual so authorized.
(5) "Military servicemember" means a current member of any
branch of the United States armed services, United States military
reserves or national guard of any state or a former member with an
honorable discharge.
(6) "Military spouse" means the spouse of a military
servicemember.
(7) "Person" means a natural person.
(8) "Private certification" means a voluntary program in which a
private organization grants nontransferable recognition to an individual
who meets personal qualifications and standards relevant to performing
the occupation as determined by the private organization.
(9) "Scope of practice" means the procedures, actions, processes
and work that a person may perform under a government issued
license, registration or certification.
(10) "Verification system" means an electronic method by which
the authenticity and validity of electronic credentials are verified.
(b) Notwithstanding any other provision of law, any licensing
body shall, upon submission of a complete application, issue a paper-
based and verified electronic license, registration or certification to an
applicant as provided by this section, so that the applicant may lawfully
practice the person's occupation. Any licensing body may satisfy any
requirement under this section to provide a paper-based license, HOUSE BILL No. 2745—page 2
registration, certification or permit in addition to an electronic license,
registration, certification or permit by issuing such electronic credential
to the applicant in a format that permits the applicant to print a paper
copy of such electronic credential. Such paper copy shall be considered
a valid license, registration, certification or permit for all purposes.
(c) An applicant who holds a valid current license, registration or
certification in another state, district or territory of the United States
shall receive a paper-based and verified electronic license, registration
or certification:
(1) If the applicant qualifies under the applicable Kansas
licensure, registration or certification by endorsement, reinstatement or
reciprocity statutes, then pursuant to applicable licensure, registration
or certification by endorsement, reinstatement or reciprocity statutes of
the licensing body of this state for the license, registration or
certification within 15 days from the date a complete application was
submitted if the applicant is a military servicemember or military
spouse or within 45 days from the date a complete application was
submitted for all other applicants; or
(2) if the applicant does not qualify under the applicable licensure,
registration or certification by endorsement, reinstatement or
reciprocity statutes of the licensing body of this state, or if the Kansas
professional practice act does not have licensure, registration or
certification by endorsement, reinstatement or reciprocity statutes, then
the applicant shall receive a license, registration or certification as
provided herein if, at the time of application, the applicant:
(A) Holds a valid current license, registration or certification in
another state, district or territory of the United States with licensure,
registration or certification requirements that the licensing body
determines authorize a similar scope of practice as those established by
the licensing body of this state, or holds a certification issued by
another state for practicing the occupation but this state requires an
occupational license, and the licensing body of this state determines
that the certification requirements certify a similar scope of practice as
the licensing requirements established by the licensing body of this
state;
(B) has worked for at least one year in the occupation for which
the license, certification or registration is sought;
(C) has not committed an act in any jurisdiction that would have
constituted grounds for the limitation, suspension or revocation of the
license, certificate or registration, or that the applicant has never been
censured or had other disciplinary action taken or had an application for
licensure, registration or certification denied or refused to practice an
occupation for which the applicant seeks licensure, registration or
certification;
(D) has not been disciplined by a licensing, registering, certifying
or other credentialing entity in another jurisdiction and is not the
subject of an unresolved complaint, review procedure or disciplinary
proceeding conducted by a licensing, registering, certifying or other
credentialing entity in another jurisdiction nor has surrendered their
membership on any professional staff in any professional association or
society or faculty for another state or jurisdiction while under
investigation or to avoid adverse action for acts or conduct similar to
acts or conduct that would constitute grounds for disciplinary action in
a Kansas practice act;
(E) does not have a disqualifying criminal record as determined by
the licensing body of this state under Kansas law;
(F) provides proof of solvency, financial standing, bonding or
insurance if required by the licensing body of this state, but only to the
same extent as required of any applicant with similar credentials or HOUSE BILL No. 2745—page 3
experience;
(G) pays any fees required by the licensing body of this state; and
(H) submits with the application a signed affidavit stating that the
application information, including necessary prior employment history,
is true and accurate.
Upon receiving a complete application and the provisions of
subsection (c)(2) apply and have been met by the applicant, the
licensing body shall issue the license, registration or certification within
15 days from the date a complete application was submitted by a
military servicemember or military spouse, or within 45 days from the
date a complete application was submitted by an applicant who is not a
military servicemember or military spouse, to the applicant on a
probationary basis, but may revoke the license, registration or
certification at any time if the information provided in the application is
found to be false. The probationary period shall not exceed six months.
Upon completion of the probationary period, the license, certification
or registration shall become a non-probationary license, certification or
registration.
(d) Any applicant who has not been in the active practice of the
occupation during the two years preceding the application for which the
applicant seeks a license, registration or certification under subsection
(c)(2) may be required to complete such additional testing, training,
monitoring or continuing education as the Kansas licensing body may
deem necessary to establish the applicant's present ability to practice in
a manner that protects the health and safety of the public, as provided
by subsection (j).
(e) Upon submission of a complete application, an applicant may
receive an occupational license, registration or certification based on
the applicant's work experience in another state, if the applicant:
(1) Worked in a state that does not use an occupational license,
registration, certification or private certification to regulate an
occupation, but this state uses an occupational license, registration or
certification to regulate the occupation;
(2) worked for at least three years in the occupation during the
four years immediately preceding the application; and
(3) satisfies the requirements of subsection (c)(2)(C) through (H).
(f) Upon submission of a complete application, an applicant may
receive an occupational license, registration or certification under
subsection (b) based on the applicant's holding of a private certification
and work experience in another state, if the applicant:
(1) Holds a private certification and worked in a state that does not
use an occupational license or government certification to regulate an
occupation, but this state uses an occupational license or government
certification to regulate the occupation;
(2) worked for at least two years in the occupation;
(3) holds a current and valid private certification in the
occupation;
(4) is held in good standing by the organization that issued the
private certification; and
(5) satisfies the requirements of subsection (c)(2)(C) through (H).
(g) An applicant licensed, registered or certified under this section
shall be entitled to the same rights and subject to the same obligations
as are provided by the licensing body for Kansas residents, except that
revocation or suspension of an applicant's license, registration or
certificate in the applicant's state of residence or any jurisdiction in
which the applicant held a license, registration or certificate shall
automatically cause the same revocation or suspension of such
applicant's license, registration or certificate in Kansas. No hearing
shall be granted to an applicant where such applicant's license, HOUSE BILL No. 2745—page 4
registration or certificate is subject to such automatic revocation or
suspension, except for the purpose of establishing the fact of revocation
or suspension of the applicant's license, registration or certificate by the
applicant's state of residence or jurisdiction in which the applicant held
a license, registration or certificate.
(h) In the event the licensing body determines that the license,
registration or certificate currently held by an applicant under
subsection (c)(2) or the work experience or private credential held by
an applicant under subsections (e) or (f), who is a military spouse or
military servicemember does not authorize a similar scope of practice
as the license, registration or certification issued by the licensing body
of this state, the licensing body shall issue a temporary permit for a
limited period of time to allow the applicant to lawfully practice the
applicant's occupation while completing any specific requirements that
are required in this state for licensure, registration or certification that
were not required in the state, district or territory of the United States in
which the applicant was licensed, registered, certified or otherwise
credentialed, unless the licensing body finds, based on specific
grounds, that issuing a temporary permit would jeopardize the health
and safety of the public.
(i) In the event the licensing body determines that the license,
registration or certification currently held by an applicant under
subsection (c)(2) or the work experience or private credential held by
an applicant under subsections (e) or (f), who is not a military spouse or
military servicemember, does not authorize a similar scope of practice
as the license, registration or certification issued by the licensing body
of this state, the licensing body may issue a temporary permit for a
limited period of time to allow the applicant to lawfully practice the
applicant's occupation while completing any specific requirements that
are required in this state for licensure, registration or certification that
was not required in the state, district or territory of the United States in
which the applicant was licensed, registered, certified or otherwise
credentialed, unless the licensing body finds, based on specific
grounds, that issuing a temporary permit would jeopardize the health
and safety of the public.
(j) Any testing, continuing education or training requirements
administered under subsection (d), (h) or (i) shall be limited to Kansas
law that regulates the occupation and that are materially different from
or additional to the law of another state, or shall be limited to any
materially different or additional body of knowledge or skill required
for the occupational license, registration or certification in Kansas.
(k) A licensing body may grant licensure, registration, certification
or a temporary permit to any person who meets the requirements under
this section but was separated from such military service under less
than honorable conditions or with a general discharge under honorable
conditions.
(l) Nothing in this section shall be construed to apply in conflict
with or in a manner inconsistent with federal law or a multistate
compact, or a rule or regulation or a reciprocal or other applicable
statutory provision that would allow an applicant to receive a license.
Nothing in this section shall be construed as prohibiting a licensing
body from denying any application for licensure, registration or
certification, or declining to grant a temporary or probationary license,
if the licensing body determines that granting the application may
jeopardize the health and safety of the public.
(m) Nothing in this section shall be construed to be in conflict
with any applicable Kansas statute defining the scope of practice of an
occupation. The scope of practice as provided by Kansas law shall
apply to applicants under this section. HOUSE BILL No. 2745—page 5
(n) Notwithstanding any other provision of law, during a state of
emergency declared by the legislature, a licensing body may grant a
temporary emergency license to practice any profession licensed,
certified, registered or regulated by the licensing body to an applicant
whose qualifications the licensing body determines to be sufficient to
protect health and safety of the public and may prohibit any unlicensed
person from practicing any profession licensed, certified, registered or
regulated by the licensing body.
(o) Not later than January 1, 2025, licensing bodies shall provide
paper-based and verified electronic credentials to persons regulated by
the licensing body. A licensing body may prescribe the format or
requirements of the electronic credential to be used by the licensing
body. Any statutory or regulatory requirement to display, post or
produce a credential issued by a licensing body may be satisfied by the
proffer of an electronic credential authorized by the licensing body. A
licensing body may use a third-party electronic credential system that is
not maintained by the licensing body.
(p) On or before January 1, 2025, and subject to appropriations
therefore, the secretary of administration shall develop and implement a
uniform or singular license verification portal for the purpose of
verifying or reporting license statuses such as credentials issued,
renewed, revoked or suspended by licensing bodies or that have
expired or otherwise changed in status. The secretary of administration
may utilize the services or facilities of a third party for the central
electronic record system. The central electronic record system shall
comply with the requirements adopted by the information technology
executive council pursuant to K.S.A. 75-7203, and amendments
thereto. Beginning January 1, 2025, each licensing body shall be able to
integrate with the uniform or singular license verification portal in the
manner and format required by the secretary of administration
indicating any issuance, renewal, revocation, suspension, expiration or
other change in status of an electronic credential that has occurred. No
charge for the establishment or maintenance of the uniform or singular
license verification portal shall be imposed on any licensing body or
any person with a license, registration, certification or permit issued by
a licensing body. The centralized electronic credential data
management systems shall include an instantaneous verification system
that is operated by the licensing body's respective secretary, or the
secretary's designee, or the secretary's third-party agent on behalf of the
licensing body for the purpose of instantly verifying the authenticity
and validity of electronic credentials issued by the licensing body.
Centralized electronic credential data management systems shall
maintain an auditable record of credentials issued by each licensing
body.
(q) Nothing in this section shall be construed as prohibiting or
preventing a licensing body from developing, operating, maintaining or
using a separate electronic credential system of the licensing body or of
a third party in addition to making the reports to the central electronic
record system required by subsection (p) or participating in a multistate
compact or a reciprocal licensure, registration or certification process
as long as the separate electronic credential system of the licensing
body integrates with the uniform or singular license verification portal.
(r) Each licensing body shall adopt rules and regulations necessary
to implement and carry out the provisions of this section.
(s) This section shall not apply to the practice of law or the
regulation of attorneys pursuant to K.S.A. 7-103, and amendments
thereto, or to the certification of law enforcement officers pursuant to
the Kansas law enforcement training act, K.S.A. 74-5601 et seq., and
amendments thereto. HOUSE BILL No. 2745—page 6
(t) The state board of healing arts and the state board of technical
professions, with respect to an applicant who is seeking a license to
practice professional engineering or engage in the practice of
engineering, as defined in K.S.A. 74-7003, and amendments thereto,
may deny an application for licensure, registration or certification, or
decline to grant a temporary or probationary license, if the board
determines the applicant's qualifications are not substantially equivalent
to those established by the board. Such boards shall not otherwise be
exempt from the provisions of this act.
(u) Notwithstanding any other provision of law to the contrary,
applicants who are military spouses of active military service members
shall be exempt from all fees assessed by any licensing body to obtain
an occupational credential in Kansas and renew such credential
including initial or renewal application, licensing, registration,
certification, endorsement, reciprocity or permit fees and any criminal
background report fees, whether assessed by the licensing body or
another agency. Licensing bodies shall adopt rules and regulations to
implement the provisions of this subsection.
(v) This section shall apply to all licensing bodies not excluded
under subsection (s), including, but not limited to:
(1) The abstracters' board of examiners;
(2) the board of accountancy;
(3) the board of adult care home administrators;
(4) the secretary for aging and disability services, with respect to
K.S.A. 65-5901 et seq. and 65-6503 et seq., and amendments thereto;
(5) the Kansas board of barbering;
(6) the behavioral sciences regulatory board;
(7) the Kansas state board of cosmetology;
(8) the Kansas dental board;
(9) the state board of education;
(10) the Kansas board of examiners in fitting and dispensing of
hearing instruments;
(11) the board of examiners in optometry;
(12) the state board of healing arts, as provided by subsection (t);
(13) the secretary of health and environment, with respect to
K.S.A. 82a-1201 et seq., and amendments thereto;
(14) the commissioner of insurance, with respect to K.S.A. 40-241
and 40-4901 et seq., and amendments thereto;
(15) the state board of mortuary arts;
(16) the board of nursing;
(17) the state board of pharmacy;
(18) the Kansas real estate commission;
(19) the real estate appraisal board;
(20) the state board of technical professions, as provided by
subsection (t); and
(21) the state board of veterinary examiners.
(v)(w) All proceedings pursuant to this section shall be conducted
in accordance with the provisions of the Kansas administrative
procedure act and shall be reviewable in accordance with the Kansas
judicial review act.
(w)(x) Commencing on July 1, 2021, and each year thereafter,
each licensing body listed in subsection (u)(1) through (21) shall
provide a report for the period of July 1 through June 30 to the director
of legislative research by August 31 of each year, providing
information requested by the director of legislative research to fulfill
the requirements of this subsection. The director of legislative research
shall develop the report format, prepare an analysis of the reports and
submit and present the analysis to the office of the governor, the
committee on commerce, labor and economic development of the HOUSE BILL No. 2745—page 7
house of representatives, the committee on commerce of the senate, the
committee on appropriations of the house of representatives and the
committee on ways and means of the senate by January 15 of the
succeeding year. The director's report may provide any analysis the
director deems useful and shall provide the following items, detailed by
applicant type, including military servicemember, military spouse and
non-military individual:
(1) The number of applications received under the provisions of
this section;
(2) the number of applications granted under this section;
(3) the number of applications denied under this section;
(4) the average time between receipt of the application and
completion of the application;
(5) the average time between receipt of a complete application and
issuance of a license, certification or registration; and
(6) identification of applications submitted under this section
where the issuance of credentials or another determination by the
licensing body was not made within the time limitations pursuant to
this section and the reasons for the failure to meet such time limitations.
All information shall be provided by the licensing body to the
director of legislative research in a manner that maintains the
confidentiality of all applicants and in aggregate form that does not
permit identification of individual applicants.
Sec. 2. K.S.A. 2023 Supp. 48-3406 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.