| 1 | 1 | | Session of 2025 |
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| 2 | 2 | | HOUSE BILL No. 2339 |
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| 3 | 3 | | By Committee on Commerce, Labor and Economic Development |
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| 4 | 4 | | Requested by Representative Wasinger on behalf of LeadingAge Kansas |
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| 5 | 5 | | 2-7 |
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| 6 | 6 | | AN ACT concerning adult care homes; relating to enhancing adult care |
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| 7 | 7 | | home services; providing for adult care home workforce development |
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| 8 | 8 | | through scholarships for part-time nursing students; setting minimum |
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| 9 | 9 | | education levels for instructors at nursing schools; establishing the |
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| 10 | 10 | | intergenerational child care program to enhance the adult care home |
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| 11 | 11 | | environment by supporting adult care homes offering child care |
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| 12 | 12 | | services through the awarding of grants by the secretary of health and |
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| 13 | 13 | | environment; creating the intergenerational child care fund; authorizing |
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| 14 | 14 | | the secretary to administer the fund; amending K.S.A. 65-1119 and |
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| 15 | 15 | | K.S.A. 2024 Supp. 74-3293 and repealing the existing sections. |
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| 16 | 16 | | Be it enacted by the Legislature of the State of Kansas: |
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| 17 | 17 | | New Section 1. For purposes of sections 1 through 6, and |
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| 18 | 18 | | amendments thereto: |
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| 19 | 19 | | (a) "Adult care home" means an adult care home as defined in K.S.A. |
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| 20 | 20 | | 39-923, and amendments thereto. |
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| 21 | 21 | | (b) "Secretary" means the secretary of health and environment. |
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| 22 | 22 | | New Sec. 2. The legislature finds that: |
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| 23 | 23 | | (a) There is a pressing need for innovative child care solutions to |
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| 24 | 24 | | address the workforce challenges faced by families in Kansas. |
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| 25 | 25 | | (b) Adult care homes are uniquely positioned to provide |
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| 26 | 26 | | intergenerational child care services that benefit the residents of an adult |
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| 27 | 27 | | care home, children, employees and local communities. |
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| 28 | 28 | | (c) Supporting adult care homes in establishing and enhancing child |
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| 29 | 29 | | care programs will foster collaboration across generations and contribute |
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| 30 | 30 | | to workforce stability. |
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| 31 | 31 | | (d) Providing grants to adult care homes seeking to provide child care |
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| 32 | 32 | | programs will help meet the need for child care in Kansas and enhance the |
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| 33 | 33 | | adult care home environment for residents. |
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| 34 | 34 | | New Sec. 3. (a) There is hereby established the intergenerational |
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| 35 | 35 | | child care program to provide financial assistance through grants to adult |
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| 36 | 36 | | care homes for the development and operation of child care programs, to |
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| 37 | 37 | | be administered by the secretary of health and environment. |
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| 38 | 38 | | (b) The purpose of the intergenerational child care program shall be |
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| 39 | 39 | | to: |
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| 75 | 75 | | (1) Assist newly licensed adult care homes in covering start-up costs |
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| 76 | 76 | | associated with establishing child care services; and |
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| 77 | 77 | | (2) support programming and operational costs for existing adult care |
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| 78 | 78 | | homes offering child care services. |
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| 79 | 79 | | (c) In consultation with stakeholders, including representatives of |
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| 80 | 80 | | adult care homes and their respective associations, the secretary shall |
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| 81 | 81 | | develop a grant application process for adult care homes seeking to |
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| 82 | 82 | | establish child care services. The secretary shall establish eligibility |
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| 83 | 83 | | criteria, application requirements, and reporting standards for grant |
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| 84 | 84 | | recipients. Grants shall be awarded by the secretary from the |
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| 85 | 85 | | intergenerational child care fund, established by section 4, and |
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| 86 | 86 | | amendments thereto. Grant applicants and recipients shall be limited to |
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| 87 | 87 | | adult care homes. |
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| 88 | 88 | | (d) The grant application process shall include: |
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| 89 | 89 | | (1) Submission by applicants of proposals detailing plans for |
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| 90 | 90 | | establishing, enhancing or supporting child care services provided or |
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| 91 | 91 | | intended to be provided by the applicant; |
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| 92 | 92 | | (2) demonstration by applicants of collaboration with community |
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| 93 | 93 | | partners, including volunteer networks and local businesses; |
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| 94 | 94 | | (3) demonstrated compliance by applicants with requirements or |
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| 95 | 95 | | criteria established by the secretary in consultation with stakeholders; and |
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| 96 | 96 | | (4) such other criteria, requirements or standards as may be adopted |
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| 97 | 97 | | by the secretary. |
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| 98 | 98 | | (e) The secretary shall select grant applicants with proposals that in |
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| 99 | 99 | | the secretary's judgment best meet the purposes of the intergenerational |
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| 100 | 100 | | child care program pursuant to section 2, and amendments thereto, and |
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| 101 | 101 | | subsection (b) and award grants to such applicants. Grants shall be |
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| 102 | 102 | | awarded commencing January 15, 2026. The amount of any grant shall not |
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| 103 | 103 | | exceed $20,000 per recipient per fiscal year. Grants may be awarded to an |
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| 104 | 104 | | applicant in successive fiscal years upon an application for each year |
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| 105 | 105 | | approved by the secretary. |
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| 106 | 106 | | (f) The secretary may adopt rules and regulations as necessary to |
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| 107 | 107 | | implement the provisions of sections 1 through 6, and amendments |
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| 108 | 108 | | thereto. |
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| 109 | 109 | | New Sec. 4. (a) There is hereby established in the state treasury the |
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| 110 | 110 | | intergenerational child care fund to be administered by the secretary of |
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| 111 | 111 | | health and environment. All moneys credited to the intergenerational child |
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| 112 | 112 | | care fund shall be used by the department of health and environment for |
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| 113 | 113 | | grants awarded by the secretary of health and environment to adult care |
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| 114 | 114 | | homes pursuant to the provisions of sections 1 through 6, and amendments |
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| 115 | 115 | | thereto, for the purpose of providing financial assistance to adult care |
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| 116 | 116 | | homes for the development or operation of child care programs. All |
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| 117 | 117 | | expenditures from the intergenerational child care fund shall be made in |
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| 160 | 160 | | 43 HB 2339 3 |
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| 161 | 161 | | accordance with appropriation acts upon warrants of the director of |
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| 162 | 162 | | accounts and reports issued pursuant to vouchers approved by the |
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| 163 | 163 | | secretary of health and environment or the secretary's designee. |
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| 164 | 164 | | (b) (1) Subject to appropriations therefore, on July 1, 2025, and on |
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| 165 | 165 | | each July 1 thereafter through July 1, 2027, or as soon thereafter as |
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| 166 | 166 | | moneys are available, the director of accounts and reports shall transfer |
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| 167 | 167 | | $1,000,000 from the state general fund to the intergenerational child care |
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| 168 | 168 | | fund. |
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| 169 | 169 | | (2) Funds remaining in the intergenerational child care fund at the |
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| 170 | 170 | | end of any fiscal year may be used by the secretary as provided in this |
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| 171 | 171 | | section in any succeeding fiscal year or years. |
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| 172 | 172 | | (c) The secretary may solicit, receive and expend federal or state |
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| 173 | 173 | | grants, awards or appropriations, private gifts, bequests, donations or |
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| 174 | 174 | | contributions and any other moneys authorized by law for the purpose of |
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| 175 | 175 | | supporting the program and the fund. The secretary shall remit all moneys |
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| 176 | 176 | | received pursuant to this subsection to the state treasurer in accordance |
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| 177 | 177 | | with the provisions of K.S.A. 75-4215, and amendments thereto. Upon |
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| 178 | 178 | | receipt of each such remittance, the state treasurer shall deposit the entire |
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| 179 | 179 | | amount in the state treasury to the credit of the intergenerational child care |
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| 180 | 180 | | fund. |
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| 181 | 181 | | New Sec. 5. (a) The secretary of health and environment shall submit |
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| 182 | 182 | | an annual report to the legislature describing the activities of the program |
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| 183 | 183 | | and grant awards in the prior 12 months and evaluating the effectiveness of |
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| 184 | 184 | | the program and fund in developing and supporting intergenerational child |
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| 185 | 185 | | care programs in adult care homes. The report shall be submitted on or |
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| 186 | 186 | | before January 31 of each year. |
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| 187 | 187 | | (b) The report shall include, but not be limited to, recommendations |
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| 188 | 188 | | for continuation, modification or expansion of the program or fund as the |
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| 189 | 189 | | secretary deems appropriate. |
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| 190 | 190 | | New Sec. 6. (a) The provisions of sections 1 through 6, and |
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| 191 | 191 | | amendments thereto, shall expire on July 1, 2028. |
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| 192 | 192 | | (b) On July 1, 2028, the director of accounts and reports shall transfer |
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| 193 | 193 | | all moneys in the intergenerational child care fund established by section |
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| 194 | 194 | | 4, and amendments thereto, to the state general fund. On July 1, 2028, all |
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| 195 | 195 | | liabilities of the intergenerational child care fund shall be transferred to |
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| 196 | 196 | | and imposed upon the state general fund, and the intergenerational child |
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| 197 | 197 | | care fund shall be abolished. |
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| 198 | 198 | | Sec. 7. K.S.A. 65-1119 is hereby amended to read as follows: 65- |
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| 199 | 199 | | 1119. (a) Application for approval. An approved school of nursing is one |
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| 200 | 200 | | which has been approved as such by the board as meeting the standards of |
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| 201 | 201 | | this act, and the rules and regulations of the board. An institution desiring |
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| 202 | 202 | | to conduct an approved school of professional or practical nursing shall |
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| 203 | 203 | | apply to the board for approval and submit satisfactory proof that it is |
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| 246 | 246 | | 43 HB 2339 4 |
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| 247 | 247 | | prepared to and will maintain the standards and basic professional nursing |
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| 248 | 248 | | curriculum or the required curriculum for practical nursing, as the case |
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| 249 | 249 | | may be, as prescribed by this act and by the rules and regulations of the |
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| 250 | 250 | | board. Applications shall be made in writing on forms supplied by the |
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| 251 | 251 | | board and shall be submitted to the board together with the application fee |
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| 252 | 252 | | fixed by the board. The approval of a school of nursing shall not exceed 10 |
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| 253 | 253 | | years after the granting of such approval by the board. An institution |
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| 254 | 254 | | desiring to continue to conduct an approved school of professional or |
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| 255 | 255 | | practical nursing shall apply to the board for the renewal of approval and |
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| 256 | 256 | | submit satisfactory proof that it will maintain the standards and basic |
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| 257 | 257 | | professional nursing curriculum or the required curriculum for practical |
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| 258 | 258 | | nursing, as the case may be, as prescribed by this act and by the rules and |
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| 259 | 259 | | regulations of the board. Applications for renewal of approval shall be |
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| 260 | 260 | | made in writing on forms supplied by the board. Each school of nursing |
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| 261 | 261 | | shall submit annually to the board an annual fee fixed by the board by |
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| 262 | 262 | | rules and regulations to maintain the approval status. |
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| 263 | 263 | | (b) Schools for professional nurses. To qualify as an approved school |
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| 264 | 264 | | for professional nurses, the school must be conducted in the state of |
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| 265 | 265 | | Kansas, and shall apply to the board and submit evidence that: (1) It is |
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| 266 | 266 | | prepared to carry out the professional curriculum as prescribed in the rules |
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| 267 | 267 | | and regulations of the board; (2) faculty possess a nursing or directly |
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| 268 | 268 | | related medical degree awarded by a state or nationally accredited school |
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| 269 | 269 | | of nursing or medical school approved by the board that is at least one |
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| 270 | 270 | | level more advanced than the degree awarded by the program in which |
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| 271 | 271 | | they are teaching. Additional or more advanced credentials for faculty |
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| 272 | 272 | | shall not be required; and (2) (3) it is prepared to meet such other |
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| 273 | 273 | | standards as shall be established by this law and the rules and regulations |
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| 274 | 274 | | of the board. |
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| 275 | 275 | | (c) Schools for practical nurses. To qualify as an approved school for |
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| 276 | 276 | | practical nurses, the school must be conducted in the state of Kansas, and |
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| 277 | 277 | | shall apply to the board and submit evidence that: (1) It is prepared to |
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| 278 | 278 | | carry out the curriculum as prescribed in the rules and regulations of the |
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| 279 | 279 | | board; (2) faculty possess a nursing or directly related medical degree |
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| 280 | 280 | | awarded by a state or nationally accredited school of nursing or medical |
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| 281 | 281 | | school approved by the board that is at least one level more advanced than |
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| 282 | 282 | | the degree awarded by the program in which they are teaching. Additional |
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| 283 | 283 | | or more advanced credentials for faculty shall not be required; and (2) (3) |
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| 284 | 284 | | it is prepared to meet such other standards as shall be established by this |
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| 285 | 285 | | law and the rules and regulations of the board. |
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| 286 | 286 | | (d) Survey. The board shall prepare and maintain a list of approved |
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| 287 | 287 | | schools for both professional and practical nurses whose graduates, if they |
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| 288 | 288 | | have the other necessary qualifications provided in this act, shall be |
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| 289 | 289 | | eligible to apply for a license as a registered professional nurse or as a |
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| 332 | 332 | | 43 HB 2339 5 |
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| 333 | 333 | | licensed practical nurse. A survey of the institution or institutions and of |
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| 334 | 334 | | the schools applying for approval shall be made by an authorized |
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| 335 | 335 | | employee of the board or members of the board, who shall submit a |
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| 336 | 336 | | written report of the survey to the board. If, in the opinion of the board, the |
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| 337 | 337 | | requirements as prescribed by the board in its rules and regulations for an |
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| 338 | 338 | | approved school for professional nurses or for practical nurses are met, it |
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| 339 | 339 | | shall so approve the school as either a school for professional nurses or |
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| 340 | 340 | | practical nurses, as the case may be. The board shall resurvey approved |
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| 341 | 341 | | schools on a periodic basis as determined by rules and regulations. If the |
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| 342 | 342 | | board determines that any approved school of nursing is not maintaining |
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| 343 | 343 | | the standards required by this act and by rules and regulations prescribed |
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| 344 | 344 | | by the board, notice thereof in writing, specifying the failures of such |
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| 345 | 345 | | school, shall be given immediately to the school. A school which fails to |
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| 346 | 346 | | correct such conditions to the satisfaction of the board within a reasonable |
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| 347 | 347 | | time shall be removed from the list of approved schools of nursing until |
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| 348 | 348 | | such time as the school shall comply with the standards. All approved |
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| 349 | 349 | | schools shall maintain accurate and current records showing in full the |
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| 350 | 350 | | theoretical and practical courses given to each student. |
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| 351 | 351 | | (e) Providers of continuing nursing education. (1) To qualify as an |
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| 352 | 352 | | approved provider of continuing nursing education offerings, persons, |
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| 353 | 353 | | organizations or institutions proposing to provide such continuing nursing |
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| 354 | 354 | | education offerings shall apply to the board for approval and submit |
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| 355 | 355 | | evidence that the applicant is prepared to meet the standards and |
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| 356 | 356 | | requirements established by the rules and regulations of the board for such |
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| 357 | 357 | | continuing nursing education offerings. Initial applications shall be made |
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| 358 | 358 | | in writing on forms supplied by the board and shall be submitted to the |
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| 359 | 359 | | board together with the application fee fixed by the board. |
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| 360 | 360 | | (2) A long-term provider means a person, organization or institution |
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| 361 | 361 | | that is responsible for the development, administration and evaluation of |
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| 362 | 362 | | continuing nursing education programs and offerings. Qualification as a |
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| 363 | 363 | | long-term approved provider of continuing nursing education offerings |
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| 364 | 364 | | shall expire five years after the granting of such approval by the board. An |
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| 365 | 365 | | approved long-term provider of continuing nursing education offerings |
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| 366 | 366 | | shall submit annually to the board the annual fee established by rules and |
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| 367 | 367 | | regulations, along with an annual report for the previous fiscal year. |
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| 368 | 368 | | Applications for renewal as an approved long-term provider of continuing |
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| 369 | 369 | | nursing education offerings shall be made in writing on forms supplied by |
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| 370 | 370 | | the board. |
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| 371 | 371 | | (3) Qualification as an approved provider of a single continuing |
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| 372 | 372 | | nursing education offering, which may be offered once or multiple times, |
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| 373 | 373 | | shall expire two years after the granting of such approval by the board. |
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| 374 | 374 | | Approved single continuing nursing education providers shall not be |
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| 375 | 375 | | subject to an annual fee or annual report. |
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| 418 | 418 | | 43 HB 2339 6 |
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| 419 | 419 | | (4) In accordance with rules and regulations adopted by the board, the |
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| 420 | 420 | | board may approve individual educational offerings for continuing nursing |
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| 421 | 421 | | education which shall not be subject to approval under other subsections of |
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| 422 | 422 | | this section. |
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| 423 | 423 | | (5) The board shall accept offerings as approved continuing nursing |
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| 424 | 424 | | education presented by: Colleges that are approved by a state or the |
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| 425 | 425 | | national department of education and providers approved by other state |
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| 426 | 426 | | boards of nursing, the national league for nursing, the national federation |
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| 427 | 427 | | of licensed practical nurses, the American nurses credentialing center or |
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| 428 | 428 | | other such national organizations as listed in rules and regulations adopted |
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| 429 | 429 | | by the board. |
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| 430 | 430 | | (6) An individual designated by a provider of continuing nursing |
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| 431 | 431 | | education offerings as an individual responsible for CNE who has held this |
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| 432 | 432 | | position for the provider at least five years immediately prior to January 1, |
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| 433 | 433 | | 1997, shall not be required to have a baccalaureate or higher academic |
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| 434 | 434 | | degree in order to be designated by such provider as the individual |
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| 435 | 435 | | responsible for CNE. |
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| 436 | 436 | | (f) Criteria for evaluating out-of-state schools. For the purpose of |
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| 437 | 437 | | determining whether an applicant for licensure who is a graduate of a |
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| 438 | 438 | | school of professional or practical nursing located outside this state meets |
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| 439 | 439 | | the requirements of item (2) of subsection (a) of K.S.A. 65-1115(a), and |
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| 440 | 440 | | amendments thereto, or the requirements of item (2) of subsection (a) of |
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| 441 | 441 | | K.S.A. 65-1116(a), and amendments thereto, as appropriate, the board by |
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| 442 | 442 | | rules and regulations shall establish criteria for determining whether a |
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| 443 | 443 | | particular school of professional nursing located outside this state |
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| 444 | 444 | | maintains standards which are at least equal to schools of professional |
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| 445 | 445 | | nursing which are approved by the board and whether a particular school |
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| 446 | 446 | | of practical nursing located outside this state maintains standards which |
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| 447 | 447 | | are at least equal to schools of practical nursing which are approved by the |
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| 448 | 448 | | board. The board may send a questionnaire developed by the board to any |
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| 449 | 449 | | school of professional or practical nursing located outside this state for |
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| 450 | 450 | | which the board does not have sufficient information to determine whether |
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| 451 | 451 | | the school meets the standards established under this subsection (f). The |
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| 452 | 452 | | questionnaire providing the necessary information shall be completed and |
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| 453 | 453 | | returned to the board in order for the school to be considered for approval. |
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| 454 | 454 | | The board may contract with investigative agencies, commissions or |
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| 455 | 455 | | consultants to assist the board in obtaining information about schools. In |
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| 456 | 456 | | entering such contracts the authority to approve schools shall remain |
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| 457 | 457 | | solely with the board. |
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| 458 | 458 | | (g) The board may accept nationally accredited schools of nursing as |
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| 459 | 459 | | defined in rule and regulation. |
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| 460 | 460 | | (1) Schools of nursing which have received accreditation from a |
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| 461 | 461 | | board recognized national nursing accreditation agency shall file evidence |
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| 504 | 504 | | 43 HB 2339 7 |
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| 505 | 505 | | of initial accreditation with the board and shall file all reports from the |
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| 506 | 506 | | accrediting agency and any notice of any change in school accreditation |
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| 507 | 507 | | status. The board may grant approval based upon evidence of such |
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| 508 | 508 | | accreditation. |
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| 509 | 509 | | (2) Schools of nursing holding approval based upon national |
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| 510 | 510 | | accreditation are also responsible for complying with all other |
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| 511 | 511 | | requirements as determined by rules and regulations of the board. |
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| 512 | 512 | | (3) The board may grant approval to a school of nursing with national |
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| 513 | 513 | | accreditation for a continuing period not to exceed 10 years. |
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| 514 | 514 | | Sec. 8. K.S.A. 2024 Supp. 74-3293 is hereby amended to read as |
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| 515 | 515 | | follows: 74-3293. (a) There is hereby established the nursing service |
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| 516 | 516 | | scholarship program. A scholarship may be awarded under the nursing |
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| 517 | 517 | | service scholarship program to any qualified nursing student enrolled part- |
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| 518 | 518 | | time or full-time in, or admitted to, a school of nursing in a course of |
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| 519 | 519 | | instruction leading to licensure as a licensed professional nurse or licensed |
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| 520 | 520 | | practical nurse. A nursing student shall not be required to be a resident of |
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| 521 | 521 | | Kansas to qualify for a scholarship under the nursing service scholarship |
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| 522 | 522 | | program. The determination of the individuals qualified for such |
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| 523 | 523 | | scholarships shall be made by the executive officer. Scholarships shall be |
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| 524 | 524 | | awarded on a priority basis to qualified applicants who have the greatest |
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| 525 | 525 | | financial need. Part-time students selected to receive a scholarship shall |
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| 526 | 526 | | be awarded a partial, prorated scholarship. |
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| 527 | 527 | | (b) Scholarships awarded under the nursing service scholarship |
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| 528 | 528 | | program shall be awarded for the length of the course of instruction |
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| 529 | 529 | | leading to licensure as a licensed professional nurse or licensure as a |
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| 530 | 530 | | licensed practical nurse in which the student is enrolled or admitted unless |
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| 531 | 531 | | otherwise terminated before the expiration of such period of time. |
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| 532 | 532 | | (c) (1) Except as provided in paragraph (2), the amount of each |
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| 533 | 533 | | scholarship shall be established annually by the executive officer. |
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| 534 | 534 | | (2) If the nursing student has a sponsor, then the amount of the |
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| 535 | 535 | | scholarship for such nursing student shall not exceed the amount |
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| 536 | 536 | | established under paragraph (1) multiplied by 125%. |
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| 537 | 537 | | Sec. 9. K.S.A. 65-1119 and K.S.A. 2024 Supp. 74-3293 are hereby |
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| 538 | 538 | | repealed. |
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| 539 | 539 | | Sec. 10. This act shall take effect and be in force from and after its |
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| 540 | 540 | | publication in the statute book. |
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