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Kansas House Bill HB2274

Kansas 2025-2026 Regular Session

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11 Session of 2025
22 HOUSE BILL No. 2274
33 By Committee on Veterans and Military
44 Requested by Representative Thompson
55 2-5
66 AN ACT concerning occupational licensing; relating to occupational
77 licensing, certification and registration fees; removing the active
88 requirement from military servicemembers for occupational licensure;
99 amending K.S.A. 2024 Supp. 48-3406 and repealing the existing
1010 section.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 Section 1. K.S.A. 2024 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:
1515 (A) A military spouse or military servicemember who resides or plans
1616 to reside in this state due to the assigned military station of the individual
1717 or the individual's spouse; or
1818 (B) an individual who has established or intends to establish
1919 residency in this state.
2020 (2) "Complete application" means the licensing body has received all
2121 forms, fees, documentation, a signed affidavit stating that the application
2222 information, including necessary prior employment history, is true and
2323 accurate and any other information required or requested by the licensing
2424 body for the purpose of evaluating the application, consistent with this
2525 section and the rules and regulations adopted by the licensing body
2626 pursuant to this section. If the licensing body has received all such forms,
2727 fees, documentation and any other information required or requested by
2828 the licensing body, an application shall be deemed to be a complete
2929 application even if the licensing body has not yet received a criminal
3030 background report from the Kansas bureau of investigation. An application
3131 by a military spouse of an active military servicemember shall be
3232 considered a "complete application" without the submission of fees,
3333 pursuant to the provisions of subsection (u).
3434 (3) "Electronic credential" or "electronic certification, license or
3535 registration" means an electronic method by which a person may display
3636 or transmit to another person information that verifies the status of a
3737 person's certification, licensure, registration or permit as authorized by a
3838 licensing body and is equivalent to a paper-based certification, license,
3939 registration or permit.
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7575 (4) "Licensing body" means an official, agency, board or other entity
7676 of the state that authorizes individuals to practice a profession in this state
7777 and issues a license, registration, certificate, permit or other authorization
7878 to an individual so authorized.
7979 (5) "Military servicemember" means a current member of any branch
8080 of the United States armed services, United States military reserves or
8181 national guard of any state or a former member with an honorable
8282 discharge.
8383 (6) "Military spouse" means the spouse of a military servicemember.
8484 (7) "Person" means a natural person.
8585 (8) "Private certification" means a voluntary program in which a
8686 private organization grants nontransferable recognition to an individual
8787 who meets personal qualifications and standards relevant to performing the
8888 occupation as determined by the private organization.
8989 (9) "Scope of practice" means the procedures, actions, processes and
9090 work that a person may perform under a government issued license,
9191 registration or certification.
9292 (10) "Verification system" means an electronic method by which the
9393 authenticity and validity of electronic credentials are verified.
9494 (b) Notwithstanding any other provision of law, any licensing body
9595 shall, upon submission of a complete application, issue a paper-based and
9696 verified electronic license, registration or certification to an applicant as
9797 provided by this section, so that the applicant may lawfully practice the
9898 person's occupation. Any licensing body may satisfy any requirement
9999 under this section to provide a paper-based license, registration,
100100 certification or permit in addition to an electronic license, registration,
101101 certification or permit by issuing such electronic credential to the applicant
102102 in a format that permits the applicant to print a paper copy of such
103103 electronic credential. Such paper copy shall be considered a valid license,
104104 registration, certification or permit for all purposes.
105105 (c) An applicant who holds a valid current license, registration or
106106 certification in another state, district or territory of the United States shall
107107 receive a paper-based and verified electronic license, registration or
108108 certification:
109109 (1) If the applicant qualifies under the applicable Kansas licensure,
110110 registration or certification by endorsement, reinstatement or reciprocity
111111 statutes, then pursuant to applicable licensure, registration or certification
112112 by endorsement, reinstatement or reciprocity statutes of the licensing body
113113 of this state for the license, registration or certification within 15 days from
114114 the date a complete application was submitted if the applicant is a military
115115 servicemember or military spouse or within 45 days from the date a
116116 complete application was submitted for all other applicants; or
117117 (2) if the applicant does not qualify under the applicable licensure,
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161161 registration or certification by endorsement, reinstatement or reciprocity
162162 statutes of the licensing body of this state, or if the Kansas professional
163163 practice act does not have licensure, registration or certification by
164164 endorsement, reinstatement or reciprocity statutes, then the applicant shall
165165 receive a license, registration or certification as provided herein if, at the
166166 time of application, the applicant:
167167 (A) Holds a valid current license, registration or certification in
168168 another state, district or territory of the United States with licensure,
169169 registration or certification requirements that the licensing body
170170 determines authorize a similar scope of practice as those established by the
171171 licensing body of this state, or holds a certification issued by another state
172172 for practicing the occupation but this state requires an occupational
173173 license, and the licensing body of this state determines that the
174174 certification requirements certify a similar scope of practice as the
175175 licensing requirements established by the licensing body of this state;
176176 (B) has worked for at least one year in the occupation for which the
177177 license, certification or registration is sought;
178178 (C) has not committed an act in any jurisdiction that would have
179179 constituted grounds for the limitation, suspension or revocation of the
180180 license, certificate or registration, or that the applicant has never been
181181 censured or had other disciplinary action taken or had an application for
182182 licensure, registration or certification denied or refused to practice an
183183 occupation for which the applicant seeks licensure, registration or
184184 certification;
185185 (D) has not been disciplined by a licensing, registering, certifying or
186186 other credentialing entity in another jurisdiction and is not the subject of
187187 an unresolved complaint, review procedure or disciplinary proceeding
188188 conducted by a licensing, registering, certifying or other credentialing
189189 entity in another jurisdiction nor has surrendered their membership on any
190190 professional staff in any professional association or society or faculty for
191191 another state or jurisdiction while under investigation or to avoid adverse
192192 action for acts or conduct similar to acts or conduct that would constitute
193193 grounds for disciplinary action in a Kansas practice act;
194194 (E) does not have a disqualifying criminal record as determined by
195195 the licensing body of this state under Kansas law;
196196 (F) provides proof of solvency, financial standing, bonding or
197197 insurance if required by the licensing body of this state, but only to the
198198 same extent as required of any applicant with similar credentials or
199199 experience;
200200 (G) pays any fees required by the licensing body of this state; and
201201 (H) submits with the application a signed affidavit stating that the
202202 application information, including necessary prior employment history, is
203203 true and accurate.
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247247 Upon receiving a complete application and the provisions of subsection
248248 (c)(2) apply and have been met by the applicant, the licensing body shall
249249 issue the license, registration or certification within 15 days from the date
250250 a complete application was submitted by a military servicemember or
251251 military spouse, or within 45 days from the date a complete application
252252 was submitted by an applicant who is not a military servicemember or
253253 military spouse, to the applicant on a probationary basis, but may revoke
254254 the license, registration or certification at any time if the information
255255 provided in the application is found to be false. The probationary period
256256 shall not exceed six months. Upon completion of the probationary period,
257257 the license, certification or registration shall become a non-probationary
258258 license, certification or registration.
259259 (d) Any applicant who has not been in the active practice of the
260260 occupation during the two years preceding the application for which the
261261 applicant seeks a license, registration or certification under subsection (c)
262262 (2) may be required to complete such additional testing, training,
263263 monitoring or continuing education as the Kansas licensing body may
264264 deem necessary to establish the applicant's present ability to practice in a
265265 manner that protects the health and safety of the public, as provided by
266266 subsection (j).
267267 (e) Upon submission of a complete application, an applicant may
268268 receive an occupational license, registration or certification based on the
269269 applicant's work experience in another state, if the applicant:
270270 (1) Worked in a state that does not use an occupational license,
271271 registration, certification or private certification to regulate an occupation,
272272 but this state uses an occupational license, registration or certification to
273273 regulate the occupation;
274274 (2) worked for at least three years in the occupation during the four
275275 years immediately preceding the application; and
276276 (3) satisfies the requirements of subsection (c)(2)(C) through (H).
277277 (f) Upon submission of a complete application, an applicant may
278278 receive an occupational license, registration or certification under
279279 subsection (b) based on the applicant's holding of a private certification
280280 and work experience in another state, if the applicant:
281281 (1) Holds a private certification and worked in a state that does not
282282 use an occupational license or government certification to regulate an
283283 occupation, but this state uses an occupational license or government
284284 certification to regulate the occupation;
285285 (2) worked for at least two years in the occupation;
286286 (3) holds a current and valid private certification in the occupation;
287287 (4) is held in good standing by the organization that issued the private
288288 certification; and
289289 (5) satisfies the requirements of subsection (c)(2)(C) through (H).
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333333 (g) An applicant licensed, registered or certified under this section
334334 shall be entitled to the same rights and subject to the same obligations as
335335 are provided by the licensing body for Kansas residents, except that
336336 revocation or suspension of an applicant's license, registration or
337337 certificate in the applicant's state of residence or any jurisdiction in which
338338 the applicant held a license, registration or certificate shall automatically
339339 cause the same revocation or suspension of such applicant's license,
340340 registration or certificate in Kansas. No hearing shall be granted to an
341341 applicant where such applicant's license, registration or certificate is
342342 subject to such automatic revocation or suspension, except for the purpose
343343 of establishing the fact of revocation or suspension of the applicant's
344344 license, registration or certificate by the applicant's state of residence or
345345 jurisdiction in which the applicant held a license, registration or certificate.
346346 (h) In the event the licensing body determines that the license,
347347 registration or certificate currently held by an applicant under subsection
348348 (c)(2) or the work experience or private credential held by an applicant
349349 under subsections (e) or (f), who is a military spouse or military
350350 servicemember does not authorize a similar scope of practice as the
351351 license, registration or certification issued by the licensing body of this
352352 state, the licensing body shall issue a temporary permit for a limited period
353353 of time to allow the applicant to lawfully practice the applicant's
354354 occupation while completing any specific requirements that are required in
355355 this state for licensure, registration or certification that were not required
356356 in the state, district or territory of the United States in which the applicant
357357 was licensed, registered, certified or otherwise credentialed, unless the
358358 licensing body finds, based on specific grounds, that issuing a temporary
359359 permit would jeopardize the health and safety of the public.
360360 (i) In the event the licensing body determines that the license,
361361 registration or certification currently held by an applicant under subsection
362362 (c)(2) or the work experience or private credential held by an applicant
363363 under subsections (e) or (f), who is not a military spouse or military
364364 servicemember, does not authorize a similar scope of practice as the
365365 license, registration or certification issued by the licensing body of this
366366 state, the licensing body may issue a temporary permit for a limited period
367367 of time to allow the applicant to lawfully practice the applicant's
368368 occupation while completing any specific requirements that are required in
369369 this state for licensure, registration or certification that was not required in
370370 the state, district or territory of the United States in which the applicant
371371 was licensed, registered, certified or otherwise credentialed, unless the
372372 licensing body finds, based on specific grounds, that issuing a temporary
373373 permit would jeopardize the health and safety of the public.
374374 (j) Any testing, continuing education or training requirements
375375 administered under subsection (d), (h) or (i) shall be limited to Kansas law
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419419 that regulates the occupation and that are materially different from or
420420 additional to the law of another state, or shall be limited to any materially
421421 different or additional body of knowledge or skill required for the
422422 occupational license, registration or certification in Kansas.
423423 (k) A licensing body may grant licensure, registration, certification or
424424 a temporary permit to any person who meets the requirements under this
425425 section but was separated from such military service under less than
426426 honorable conditions or with a general discharge under honorable
427427 conditions.
428428 (l) Nothing in this section shall be construed to apply in conflict with
429429 or in a manner inconsistent with federal law or a multistate compact, or a
430430 rule or regulation or a reciprocal or other applicable statutory provision
431431 that would allow an applicant to receive a license. Nothing in this section
432432 shall be construed as prohibiting a licensing body from denying any
433433 application for licensure, registration or certification, or declining to grant
434434 a temporary or probationary license, if the licensing body determines that
435435 granting the application may jeopardize the health and safety of the public.
436436 (m) Nothing in this section shall be construed to be in conflict with
437437 any applicable Kansas statute defining the scope of practice of an
438438 occupation. The scope of practice as provided by Kansas law shall apply to
439439 applicants under this section.
440440 (n) Notwithstanding any other provision of law, during a state of
441441 emergency declared by the legislature, a licensing body may grant a
442442 temporary emergency license to practice any profession licensed, certified,
443443 registered or regulated by the licensing body to an applicant whose
444444 qualifications the licensing body determines to be sufficient to protect
445445 health and safety of the public and may prohibit any unlicensed person
446446 from practicing any profession licensed, certified, registered or regulated
447447 by the licensing body.
448448 (o) Not later than January 1, 2025, licensing bodies shall provide
449449 paper-based and verified electronic credentials to persons regulated by the
450450 licensing body. A licensing body may prescribe the format or requirements
451451 of the electronic credential to be used by the licensing body. Any statutory
452452 or regulatory requirement to display, post or produce a credential issued by
453453 a licensing body may be satisfied by the proffer of an electronic credential
454454 authorized by the licensing body. A licensing body may use a third-party
455455 electronic credential system that is not maintained by the licensing body.
456456 (p) On or before January 1, 2025, and subject to appropriations
457457 therefore, the secretary of administration shall develop and implement a
458458 uniform or singular license verification portal for the purpose of verifying
459459 or reporting license statuses such as credentials issued, renewed, revoked
460460 or suspended by licensing bodies or that have expired or otherwise
461461 changed in status. The secretary of administration may utilize the services
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505505 or facilities of a third party for the central electronic record system. The
506506 central electronic record system shall comply with the requirements
507507 adopted by the information technology executive council pursuant to
508508 K.S.A. 75-7203, and amendments thereto. Beginning January 1, 2025,
509509 each licensing body shall be able to integrate with the uniform or singular
510510 license verification portal in the manner and format required by the
511511 secretary of administration indicating any issuance, renewal, revocation,
512512 suspension, expiration or other change in status of an electronic credential
513513 that has occurred. No charge for the establishment or maintenance of the
514514 uniform or singular license verification portal shall be imposed on any
515515 licensing body or any person with a license, registration, certification or
516516 permit issued by a licensing body. The centralized electronic credential
517517 data management systems shall include an instantaneous verification
518518 system that is operated by the licensing body's respective secretary, or the
519519 secretary's designee, or the secretary's third-party agent on behalf of the
520520 licensing body for the purpose of instantly verifying the authenticity and
521521 validity of electronic credentials issued by the licensing body. Centralized
522522 electronic credential data management systems shall maintain an auditable
523523 record of credentials issued by each licensing body.
524524 (q) Nothing in this section shall be construed as prohibiting or
525525 preventing a licensing body from developing, operating, maintaining or
526526 using a separate electronic credential system of the licensing body or of a
527527 third party in addition to making the reports to the central electronic record
528528 system required by subsection (p) or participating in a multistate compact
529529 or a reciprocal licensure, registration or certification process as long as the
530530 separate electronic credential system of the licensing body integrates with
531531 the uniform or singular license verification portal.
532532 (r) Each licensing body shall adopt rules and regulations necessary to
533533 implement and carry out the provisions of this section.
534534 (s) This section shall not apply to the practice of law or the regulation
535535 of attorneys pursuant to K.S.A. 7-103, and amendments thereto, or to the
536536 certification of law enforcement officers pursuant to the Kansas law
537537 enforcement training act, K.S.A. 74-5601 et seq., and amendments thereto.
538538 (t) The state board of healing arts and the state board of technical
539539 professions, with respect to an applicant who is seeking a license to
540540 practice professional engineering or engage in the practice of engineering,
541541 as defined in K.S.A. 74-7003, and amendments thereto, may deny an
542542 application for licensure, registration or certification, or decline to grant a
543543 temporary or probationary license, if the board determines the applicant's
544544 qualifications are not substantially equivalent to those established by the
545545 board. Such boards shall not otherwise be exempt from the provisions of
546546 this act.
547547 (u) Notwithstanding any other provision of law to the contrary,
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591591 applicants who are military spouses of active military service members
592592 shall be exempt from all fees assessed by any licensing body to obtain an
593593 occupational credential in Kansas and renew such credential including
594594 initial or renewal application, licensing, registration, certification,
595595 endorsement, reciprocity or permit fees and any criminal background
596596 report fees, whether assessed by the licensing body or another agency.
597597 Licensing bodies shall adopt rules and regulations to implement the
598598 provisions of this subsection.
599599 (v) This section shall apply to all licensing bodies not excluded under
600600 subsection (s), including, but not limited to:
601601 (1) The abstracters' board of examiners;
602602 (2) the board of accountancy;
603603 (3) the board of adult care home administrators;
604604 (4) the secretary for aging and disability services, with respect to
605605 K.S.A. 65-5901 et seq. and 65-6503 et seq., and amendments thereto;
606606 (5) the Kansas board of barbering;
607607 (6) the behavioral sciences regulatory board;
608608 (7) the Kansas state board of cosmetology;
609609 (8) the Kansas dental board;
610610 (9) the state board of education;
611611 (10) the Kansas board of examiners in fitting and dispensing of
612612 hearing instruments;
613613 (11) the board of examiners in optometry;
614614 (12) the state board of healing arts, as provided by subsection (t);
615615 (13) the secretary of health and environment, with respect to K.S.A.
616616 82a-1201 et seq., and amendments thereto;
617617 (14) the commissioner of insurance, with respect to K.S.A. 40-241
618618 and 40-4901 et seq., and amendments thereto;
619619 (15) the state board of mortuary arts;
620620 (16) the board of nursing;
621621 (17) the state board of pharmacy;
622622 (18) the Kansas real estate commission;
623623 (19) the real estate appraisal board;
624624 (20) the state board of technical professions, as provided by
625625 subsection (t); and
626626 (21) the state board of veterinary examiners.
627627 (w) All proceedings pursuant to this section shall be conducted in
628628 accordance with the provisions of the Kansas administrative procedure act
629629 and shall be reviewable in accordance with the Kansas judicial review act.
630630 (x) Commencing on July 1, 2021, and each year thereafter, each
631631 licensing body listed in subsection (u)(1) through (21) shall provide a
632632 report for the period of July 1 through June 30 to the director of legislative
633633 research by August 31 of each year, providing information requested by
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677677 the director of legislative research to fulfill the requirements of this
678678 subsection. The director of legislative research shall develop the report
679679 format, prepare an analysis of the reports and submit and present the
680680 analysis to the office of the governor, the committee on commerce, labor
681681 and economic development of the house of representatives, the committee
682682 on commerce of the senate, the committee on appropriations of the house
683683 of representatives and the committee on ways and means of the senate by
684684 January 15 of the succeeding year. The director's report may provide any
685685 analysis the director deems useful and shall provide the following items,
686686 detailed by applicant type, including military servicemember, military
687687 spouse and non-military individual:
688688 (1) The number of applications received under the provisions of this
689689 section;
690690 (2) the number of applications granted under this section;
691691 (3) the number of applications denied under this section;
692692 (4) the average time between receipt of the application and
693693 completion of the application;
694694 (5) the average time between receipt of a complete application and
695695 issuance of a license, certification or registration; and
696696 (6) identification of applications submitted under this section where
697697 the issuance of credentials or another determination by the licensing body
698698 was not made within the time limitations pursuant to this section and the
699699 reasons for the failure to meet such time limitations.
700700 All information shall be provided by the licensing body to the director
701701 of legislative research in a manner that maintains the confidentiality of all
702702 applicants and in aggregate form that does not permit identification of
703703 individual applicants.
704704 Sec. 2. K.S.A. 2024 Supp. 48-3406 is hereby repealed.
705705 Sec. 3. This act shall take effect and be in force from and after its
706706 publication in the statute book.
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