KS
Kansas House Bill HB2745

Kansas 2023-2024 Regular Session

Kansas House Bill HB2745 Compare Versions

The same version is selected twice. Please select two different versions to compare.
OldNewDifferences
11 Session of 2024
22 HOUSE BILL No. 2745
33 By Committee on Commerce, Labor and Economic Development
44 Requested by Jason Watkins on behalf of the Wichita Chamber of Commerce
55 2-7
66 AN ACT concerning occupational licensing; relating to occupational
77 licensing, certification and registration fees; providing that military
88 spouses of active military servicemembers shall be exempted from all
99 such fees; amending K.S.A. 2023 Supp. 48-3406 and repealing the
1010 existing section.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 Section 1. K.S.A. 2023 Supp. 48-3406 is hereby amended to read as
1313 follows: 48-3406. (a) For the purposes of this section:
1414 (1) "Applicant" means an individual who is a military spouse,
1515 military servicemember or an individual who has established or intends to
1616 establish residency in this state.
1717 (2) "Complete application" means the licensing body has received all
1818 forms, fees, documentation, a signed affidavit stating that the application
1919 information, including necessary prior employment history, is true and
2020 accurate and any other information required or requested by the licensing
2121 body for the purpose of evaluating the application, consistent with this
2222 section and the rules and regulations adopted by the licensing body
2323 pursuant to this section. If the licensing body has received all such forms,
2424 fees, documentation and any other information required or requested by
2525 the licensing body, an application shall be deemed to be a complete
2626 application even if the licensing body has not yet received a criminal
2727 background report from the Kansas bureau of investigation. An
2828 application by a military spouse of an active military servicemember shall
2929 be considered a "complete application" without the submission of fees,
3030 pursuant to the provisions of subsection (u).
3131 (3) "Electronic credential" or "electronic certification, license or
3232 registration" means an electronic method by which a person may display
3333 or transmit to another person information that verifies the status of a
3434 person's certification, licensure, registration or permit as authorized by a
3535 licensing body and is equivalent to a paper-based certification, license,
3636 registration or permit.
3737 (4) "Licensing body" means an official, agency, board or other entity
3838 of the state that authorizes individuals to practice a profession in this state
3939 and issues a license, registration, certificate, permit or other authorization
4040 1
4141 2
4242 3
4343 4
4444 5
4545 6
4646 7
4747 8
4848 9
4949 10
5050 11
5151 12
5252 13
5353 14
5454 15
5555 16
5656 17
5757 18
5858 19
5959 20
6060 21
6161 22
6262 23
6363 24
6464 25
6565 26
6666 27
6767 28
6868 29
6969 30
7070 31
7171 32
7272 33
7373 34
7474 35 HB 2745 2
7575 to an individual so authorized.
7676 (5) "Military servicemember" means a current member of any branch
7777 of the United States armed services, United States military reserves or
7878 national guard of any state or a former member with an honorable
7979 discharge.
8080 (6) "Military spouse" means the spouse of a military servicemember.
8181 (7) "Person" means a natural person.
8282 (8) "Private certification" means a voluntary program in which a
8383 private organization grants nontransferable recognition to an individual
8484 who meets personal qualifications and standards relevant to performing the
8585 occupation as determined by the private organization.
8686 (9) "Scope of practice" means the procedures, actions, processes and
8787 work that a person may perform under a government issued license,
8888 registration or certification.
8989 (10) "Verification system" means an electronic method by which the
9090 authenticity and validity of electronic credentials are verified.
9191 (b) Notwithstanding any other provision of law, any licensing body
9292 shall, upon submission of a complete application, issue a paper-based and
9393 verified electronic license, registration or certification to an applicant as
9494 provided by this section, so that the applicant may lawfully practice the
9595 person's occupation. Any licensing body may satisfy any requirement
9696 under this section to provide a paper-based license, registration,
9797 certification or permit in addition to an electronic license, registration,
9898 certification or permit by issuing such electronic credential to the applicant
9999 in a format that permits the applicant to print a paper copy of such
100100 electronic credential. Such paper copy shall be considered a valid license,
101101 registration, certification or permit for all purposes.
102102 (c) An applicant who holds a valid current license, registration or
103103 certification in another state, district or territory of the United States shall
104104 receive a paper-based and verified electronic license, registration or
105105 certification:
106106 (1) If the applicant qualifies under the applicable Kansas licensure,
107107 registration or certification by endorsement, reinstatement or reciprocity
108108 statutes, then pursuant to applicable licensure, registration or certification
109109 by endorsement, reinstatement or reciprocity statutes of the licensing body
110110 of this state for the license, registration or certification within 15 days from
111111 the date a complete application was submitted if the applicant is a military
112112 servicemember or military spouse or within 45 days from the date a
113113 complete application was submitted for all other applicants; or
114114 (2) if the applicant does not qualify under the applicable licensure,
115115 registration or certification by endorsement, reinstatement or reciprocity
116116 statutes of the licensing body of this state, or if the Kansas professional
117117 practice act does not have licensure, registration or certification by
118118 1
119119 2
120120 3
121121 4
122122 5
123123 6
124124 7
125125 8
126126 9
127127 10
128128 11
129129 12
130130 13
131131 14
132132 15
133133 16
134134 17
135135 18
136136 19
137137 20
138138 21
139139 22
140140 23
141141 24
142142 25
143143 26
144144 27
145145 28
146146 29
147147 30
148148 31
149149 32
150150 33
151151 34
152152 35
153153 36
154154 37
155155 38
156156 39
157157 40
158158 41
159159 42
160160 43 HB 2745 3
161161 endorsement, reinstatement or reciprocity statutes, then the applicant shall
162162 receive a license, registration or certification as provided herein if, at the
163163 time of application, the applicant:
164164 (A) Holds a valid current license, registration or certification in
165165 another state, district or territory of the United States with licensure,
166166 registration or certification requirements that the licensing body
167167 determines authorize a similar scope of practice as those established by the
168168 licensing body of this state, or holds a certification issued by another state
169169 for practicing the occupation but this state requires an occupational
170170 license, and the licensing body of this state determines that the
171171 certification requirements certify a similar scope of practice as the
172172 licensing requirements established by the licensing body of this state;
173173 (B) has worked for at least one year in the occupation for which the
174174 license, certification or registration is sought;
175175 (C) has not committed an act in any jurisdiction that would have
176176 constituted grounds for the limitation, suspension or revocation of the
177177 license, certificate or registration, or that the applicant has never been
178178 censured or had other disciplinary action taken or had an application for
179179 licensure, registration or certification denied or refused to practice an
180180 occupation for which the applicant seeks licensure, registration or
181181 certification;
182182 (D) has not been disciplined by a licensing, registering, certifying or
183183 other credentialing entity in another jurisdiction and is not the subject of
184184 an unresolved complaint, review procedure or disciplinary proceeding
185185 conducted by a licensing, registering, certifying or other credentialing
186186 entity in another jurisdiction nor has surrendered their membership on any
187187 professional staff in any professional association or society or faculty for
188188 another state or jurisdiction while under investigation or to avoid adverse
189189 action for acts or conduct similar to acts or conduct that would constitute
190190 grounds for disciplinary action in a Kansas practice act;
191191 (E) does not have a disqualifying criminal record as determined by
192192 the licensing body of this state under Kansas law;
193193 (F) provides proof of solvency, financial standing, bonding or
194194 insurance if required by the licensing body of this state, but only to the
195195 same extent as required of any applicant with similar credentials or
196196 experience;
197197 (G) pays any fees required by the licensing body of this state; and
198198 (H) submits with the application a signed affidavit stating that the
199199 application information, including necessary prior employment history, is
200200 true and accurate.
201201 Upon receiving a complete application and the provisions of subsection
202202 (c)(2) apply and have been met by the applicant, the licensing body shall
203203 issue the license, registration or certification within 15 days from the date
204204 1
205205 2
206206 3
207207 4
208208 5
209209 6
210210 7
211211 8
212212 9
213213 10
214214 11
215215 12
216216 13
217217 14
218218 15
219219 16
220220 17
221221 18
222222 19
223223 20
224224 21
225225 22
226226 23
227227 24
228228 25
229229 26
230230 27
231231 28
232232 29
233233 30
234234 31
235235 32
236236 33
237237 34
238238 35
239239 36
240240 37
241241 38
242242 39
243243 40
244244 41
245245 42
246246 43 HB 2745 4
247247 a complete application was submitted by a military servicemember or
248248 military spouse, or within 45 days from the date a complete application
249249 was submitted by an applicant who is not a military servicemember or
250250 military spouse, to the applicant on a probationary basis, but may revoke
251251 the license, registration or certification at any time if the information
252252 provided in the application is found to be false. The probationary period
253253 shall not exceed six months. Upon completion of the probationary period,
254254 the license, certification or registration shall become a non-probationary
255255 license, certification or registration.
256256 (d) Any applicant who has not been in the active practice of the
257257 occupation during the two years preceding the application for which the
258258 applicant seeks a license, registration or certification under subsection (c)
259259 (2) may be required to complete such additional testing, training,
260260 monitoring or continuing education as the Kansas licensing body may
261261 deem necessary to establish the applicant's present ability to practice in a
262262 manner that protects the health and safety of the public, as provided by
263263 subsection (j).
264264 (e) Upon submission of a complete application, an applicant may
265265 receive an occupational license, registration or certification based on the
266266 applicant's work experience in another state, if the applicant:
267267 (1) Worked in a state that does not use an occupational license,
268268 registration, certification or private certification to regulate an occupation,
269269 but this state uses an occupational license, registration or certification to
270270 regulate the occupation;
271271 (2) worked for at least three years in the occupation during the four
272272 years immediately preceding the application; and
273273 (3) satisfies the requirements of subsection (c)(2)(C) through (H).
274274 (f) Upon submission of a complete application, an applicant may
275275 receive an occupational license, registration or certification under
276276 subsection (b) based on the applicant's holding of a private certification
277277 and work experience in another state, if the applicant:
278278 (1) Holds a private certification and worked in a state that does not
279279 use an occupational license or government certification to regulate an
280280 occupation, but this state uses an occupational license or government
281281 certification to regulate the occupation;
282282 (2) worked for at least two years in the occupation;
283283 (3) holds a current and valid private certification in the occupation;
284284 (4) is held in good standing by the organization that issued the private
285285 certification; and
286286 (5) satisfies the requirements of subsection (c)(2)(C) through (H).
287287 (g) An applicant licensed, registered or certified under this section
288288 shall be entitled to the same rights and subject to the same obligations as
289289 are provided by the licensing body for Kansas residents, except that
290290 1
291291 2
292292 3
293293 4
294294 5
295295 6
296296 7
297297 8
298298 9
299299 10
300300 11
301301 12
302302 13
303303 14
304304 15
305305 16
306306 17
307307 18
308308 19
309309 20
310310 21
311311 22
312312 23
313313 24
314314 25
315315 26
316316 27
317317 28
318318 29
319319 30
320320 31
321321 32
322322 33
323323 34
324324 35
325325 36
326326 37
327327 38
328328 39
329329 40
330330 41
331331 42
332332 43 HB 2745 5
333333 revocation or suspension of an applicant's license, registration or
334334 certificate in the applicant's state of residence or any jurisdiction in which
335335 the applicant held a license, registration or certificate shall automatically
336336 cause the same revocation or suspension of such applicant's license,
337337 registration or certificate in Kansas. No hearing shall be granted to an
338338 applicant where such applicant's license, registration or certificate is
339339 subject to such automatic revocation or suspension, except for the purpose
340340 of establishing the fact of revocation or suspension of the applicant's
341341 license, registration or certificate by the applicant's state of residence or
342342 jurisdiction in which the applicant held a license, registration or certificate.
343343 (h) In the event the licensing body determines that the license,
344344 registration or certificate currently held by an applicant under subsection
345345 (c)(2) or the work experience or private credential held by an applicant
346346 under subsections (e) or (f), who is a military spouse or military
347347 servicemember does not authorize a similar scope of practice as the
348348 license, registration or certification issued by the licensing body of this
349349 state, the licensing body shall issue a temporary permit for a limited period
350350 of time to allow the applicant to lawfully practice the applicant's
351351 occupation while completing any specific requirements that are required in
352352 this state for licensure, registration or certification that were not required
353353 in the state, district or territory of the United States in which the applicant
354354 was licensed, registered, certified or otherwise credentialed, unless the
355355 licensing body finds, based on specific grounds, that issuing a temporary
356356 permit would jeopardize the health and safety of the public.
357357 (i) In the event the licensing body determines that the license,
358358 registration or certification currently held by an applicant under subsection
359359 (c)(2) or the work experience or private credential held by an applicant
360360 under subsections (e) or (f), who is not a military spouse or military
361361 servicemember, does not authorize a similar scope of practice as the
362362 license, registration or certification issued by the licensing body of this
363363 state, the licensing body may issue a temporary permit for a limited period
364364 of time to allow the applicant to lawfully practice the applicant's
365365 occupation while completing any specific requirements that are required in
366366 this state for licensure, registration or certification that was not required in
367367 the state, district or territory of the United States in which the applicant
368368 was licensed, registered, certified or otherwise credentialed, unless the
369369 licensing body finds, based on specific grounds, that issuing a temporary
370370 permit would jeopardize the health and safety of the public.
371371 (j) Any testing, continuing education or training requirements
372372 administered under subsection (d), (h) or (i) shall be limited to Kansas law
373373 that regulates the occupation and that are materially different from or
374374 additional to the law of another state, or shall be limited to any materially
375375 different or additional body of knowledge or skill required for the
376376 1
377377 2
378378 3
379379 4
380380 5
381381 6
382382 7
383383 8
384384 9
385385 10
386386 11
387387 12
388388 13
389389 14
390390 15
391391 16
392392 17
393393 18
394394 19
395395 20
396396 21
397397 22
398398 23
399399 24
400400 25
401401 26
402402 27
403403 28
404404 29
405405 30
406406 31
407407 32
408408 33
409409 34
410410 35
411411 36
412412 37
413413 38
414414 39
415415 40
416416 41
417417 42
418418 43 HB 2745 6
419419 occupational license, registration or certification in Kansas.
420420 (k) A licensing body may grant licensure, registration, certification or
421421 a temporary permit to any person who meets the requirements under this
422422 section but was separated from such military service under less than
423423 honorable conditions or with a general discharge under honorable
424424 conditions.
425425 (l) Nothing in this section shall be construed to apply in conflict with
426426 or in a manner inconsistent with federal law or a multistate compact, or a
427427 rule or regulation or a reciprocal or other applicable statutory provision
428428 that would allow an applicant to receive a license. Nothing in this section
429429 shall be construed as prohibiting a licensing body from denying any
430430 application for licensure, registration or certification, or declining to grant
431431 a temporary or probationary license, if the licensing body determines that
432432 granting the application may jeopardize the health and safety of the public.
433433 (m) Nothing in this section shall be construed to be in conflict with
434434 any applicable Kansas statute defining the scope of practice of an
435435 occupation. The scope of practice as provided by Kansas law shall apply to
436436 applicants under this section.
437437 (n) Notwithstanding any other provision of law, during a state of
438438 emergency declared by the legislature, a licensing body may grant a
439439 temporary emergency license to practice any profession licensed, certified,
440440 registered or regulated by the licensing body to an applicant whose
441441 qualifications the licensing body determines to be sufficient to protect
442442 health and safety of the public and may prohibit any unlicensed person
443443 from practicing any profession licensed, certified, registered or regulated
444444 by the licensing body.
445445 (o) Not later than January 1, 2025, licensing bodies shall provide
446446 paper-based and verified electronic credentials to persons regulated by the
447447 licensing body. A licensing body may prescribe the format or requirements
448448 of the electronic credential to be used by the licensing body. Any statutory
449449 or regulatory requirement to display, post or produce a credential issued by
450450 a licensing body may be satisfied by the proffer of an electronic credential
451451 authorized by the licensing body. A licensing body may use a third-party
452452 electronic credential system that is not maintained by the licensing body.
453453 (p) On or before January 1, 2025, and subject to appropriations
454454 therefore, the secretary of administration shall develop and implement a
455455 uniform or singular license verification portal for the purpose of verifying
456456 or reporting license statuses such as credentials issued, renewed, revoked
457457 or suspended by licensing bodies or that have expired or otherwise
458458 changed in status. The secretary of administration may utilize the services
459459 or facilities of a third party for the central electronic record system. The
460460 central electronic record system shall comply with the requirements
461461 adopted by the information technology executive council pursuant to
462462 1
463463 2
464464 3
465465 4
466466 5
467467 6
468468 7
469469 8
470470 9
471471 10
472472 11
473473 12
474474 13
475475 14
476476 15
477477 16
478478 17
479479 18
480480 19
481481 20
482482 21
483483 22
484484 23
485485 24
486486 25
487487 26
488488 27
489489 28
490490 29
491491 30
492492 31
493493 32
494494 33
495495 34
496496 35
497497 36
498498 37
499499 38
500500 39
501501 40
502502 41
503503 42
504504 43 HB 2745 7
505505 K.S.A. 75-7203, and amendments thereto. Beginning January 1, 2025,
506506 each licensing body shall be able to integrate with the uniform or singular
507507 license verification portal in the manner and format required by the
508508 secretary of administration indicating any issuance, renewal, revocation,
509509 suspension, expiration or other change in status of an electronic credential
510510 that has occurred. No charge for the establishment or maintenance of the
511511 uniform or singular license verification portal shall be imposed on any
512512 licensing body or any person with a license, registration, certification or
513513 permit issued by a licensing body. The centralized electronic credential
514514 data management systems shall include an instantaneous verification
515515 system that is operated by the licensing body's respective secretary, or the
516516 secretary's designee, or the secretary's third-party agent on behalf of the
517517 licensing body for the purpose of instantly verifying the authenticity and
518518 validity of electronic credentials issued by the licensing body. Centralized
519519 electronic credential data management systems shall maintain an auditable
520520 record of credentials issued by each licensing body.
521521 (q) Nothing in this section shall be construed as prohibiting or
522522 preventing a licensing body from developing, operating, maintaining or
523523 using a separate electronic credential system of the licensing body or of a
524524 third party in addition to making the reports to the central electronic record
525525 system required by subsection (p) or participating in a multistate compact
526526 or a reciprocal licensure, registration or certification process as long as the
527527 separate electronic credential system of the licensing body integrates with
528528 the uniform or singular license verification portal.
529529 (r) Each licensing body shall adopt rules and regulations necessary to
530530 implement and carry out the provisions of this section.
531531 (s) This section shall not apply to the practice of law or the regulation
532532 of attorneys pursuant to K.S.A. 7-103, and amendments thereto, or to the
533533 certification of law enforcement officers pursuant to the Kansas law
534534 enforcement training act, K.S.A. 74-5601 et seq., and amendments thereto.
535535 (t) The state board of healing arts and the state board of technical
536536 professions, with respect to an applicant who is seeking a license to
537537 practice professional engineering or engage in the practice of engineering,
538538 as defined in K.S.A. 74-7003, and amendments thereto, may deny an
539539 application for licensure, registration or certification, or decline to grant a
540540 temporary or probationary license, if the board determines the applicant's
541541 qualifications are not substantially equivalent to those established by the
542542 board. Such boards shall not otherwise be exempt from the provisions of
543543 this act.
544544 (u) Notwithstanding any other provision of law to the contrary,
545545 applicants who are military spouses of active military service members
546546 shall be exempt from all fees assessed by any licensing body including
547547 application, licensing, registration, certification or permit fees. Licensing
548548 1
549549 2
550550 3
551551 4
552552 5
553553 6
554554 7
555555 8
556556 9
557557 10
558558 11
559559 12
560560 13
561561 14
562562 15
563563 16
564564 17
565565 18
566566 19
567567 20
568568 21
569569 22
570570 23
571571 24
572572 25
573573 26
574574 27
575575 28
576576 29
577577 30
578578 31
579579 32
580580 33
581581 34
582582 35
583583 36
584584 37
585585 38
586586 39
587587 40
588588 41
589589 42
590590 43 HB 2745 8
591591 bodies shall adopt rules and regulations to implement the provisions of
592592 this subsection.
593593 (v) This section shall apply to all licensing bodies not excluded under
594594 subsection (s), including, but not limited to:
595595 (1) The abstracters' board of examiners;
596596 (2) the board of accountancy;
597597 (3) the board of adult care home administrators;
598598 (4) the secretary for aging and disability services, with respect to
599599 K.S.A. 65-5901 et seq. and 65-6503 et seq., and amendments thereto;
600600 (5) the Kansas board of barbering;
601601 (6) the behavioral sciences regulatory board;
602602 (7) the Kansas state board of cosmetology;
603603 (8) the Kansas dental board;
604604 (9) the state board of education;
605605 (10) the Kansas board of examiners in fitting and dispensing of
606606 hearing instruments;
607607 (11) the board of examiners in optometry;
608608 (12) the state board of healing arts, as provided by subsection (t);
609609 (13) the secretary of health and environment, with respect to K.S.A.
610610 82a-1201 et seq., and amendments thereto;
611611 (14) the commissioner of insurance, with respect to K.S.A. 40-241
612612 and 40-4901 et seq., and amendments thereto;
613613 (15) the state board of mortuary arts;
614614 (16) the board of nursing;
615615 (17) the state board of pharmacy;
616616 (18) the Kansas real estate commission;
617617 (19) the real estate appraisal board;
618618 (20) the state board of technical professions, as provided by
619619 subsection (t); and
620620 (21) the state board of veterinary examiners.
621621 (v)(w) All proceedings pursuant to this section shall be conducted in
622622 accordance with the provisions of the Kansas administrative procedure act
623623 and shall be reviewable in accordance with the Kansas judicial review act.
624624 (w)(x) Commencing on July 1, 2021, and each year thereafter, each
625625 licensing body listed in subsection (u)(1) through (21) shall provide a
626626 report for the period of July 1 through June 30 to the director of legislative
627627 research by August 31 of each year, providing information requested by
628628 the director of legislative research to fulfill the requirements of this
629629 subsection. The director of legislative research shall develop the report
630630 format, prepare an analysis of the reports and submit and present the
631631 analysis to the office of the governor, the committee on commerce, labor
632632 and economic development of the house of representatives, the committee
633633 on commerce of the senate, the committee on appropriations of the house
634634 1
635635 2
636636 3
637637 4
638638 5
639639 6
640640 7
641641 8
642642 9
643643 10
644644 11
645645 12
646646 13
647647 14
648648 15
649649 16
650650 17
651651 18
652652 19
653653 20
654654 21
655655 22
656656 23
657657 24
658658 25
659659 26
660660 27
661661 28
662662 29
663663 30
664664 31
665665 32
666666 33
667667 34
668668 35
669669 36
670670 37
671671 38
672672 39
673673 40
674674 41
675675 42
676676 43 HB 2745 9
677677 of representatives and the committee on ways and means of the senate by
678678 January 15 of the succeeding year. The director's report may provide any
679679 analysis the director deems useful and shall provide the following items,
680680 detailed by applicant type, including military servicemember, military
681681 spouse and non-military individual:
682682 (1) The number of applications received under the provisions of this
683683 section;
684684 (2) the number of applications granted under this section;
685685 (3) the number of applications denied under this section;
686686 (4) the average time between receipt of the application and
687687 completion of the application;
688688 (5) the average time between receipt of a complete application and
689689 issuance of a license, certification or registration; and
690690 (6) identification of applications submitted under this section where
691691 the issuance of credentials or another determination by the licensing body
692692 was not made within the time limitations pursuant to this section and the
693693 reasons for the failure to meet such time limitations.
694694 All information shall be provided by the licensing body to the director
695695 of legislative research in a manner that maintains the confidentiality of all
696696 applicants and in aggregate form that does not permit identification of
697697 individual applicants.
698698 Sec. 2. K.S.A. 2023 Supp. 48-3406 is hereby repealed.
699699 Sec. 3. This act shall take effect and be in force from and after its
700700 publication in the statute book.
701701 1
702702 2
703703 3
704704 4
705705 5
706706 6
707707 7
708708 8
709709 9
710710 10
711711 11
712712 12
713713 13
714714 14
715715 15
716716 16
717717 17
718718 18
719719 19
720720 20
721721 21
722722 22
723723 23
724724 24