Special Session of 2020
HOUSE BILL No. 2015
By Representative Croft
6-3

1 AN ACT concerning occupational regulation; relating to occupational
2 licenses for certain applicants; amending K.S.A. 2019 Supp. 48-3406
3 and repealing the existing section.
4
5 Be it enacted by the Legislature of the State of Kansas:
6 Section 1. K.S.A. 2019 Supp. 48-3406 is hereby amended to read as
7 follows: 48-3406. (a) For the purposes of this section:
8 (1) "Applicant" means an individual who is a military spouse,
9 military servicemember or an individual who has established or intends to
10 establish residency in this state. "Applicant" with respect to law
11 enforcement certification by the Kansas commission on peace officers'
12 standards and training means an applicant who has met the employment
13 requirement pursuant to K.S.A. 74-5605(a), and amendments thereto.
14 (2) "Complete application" means the licensing body has received all
15 forms, fees, documentation and any other information required or
16 requested by the licensing body for the purpose of evaluating the
17 application, consistent with this section and the rules and regulations
18 adopted by the licensing body pursuant to this section. If the licensing
19 body has received all such forms, fees, documentation and any other
20 information required or requested by the licensing body, an application
21 shall be deemed to be a complete application even if the licensing body
22 has not yet received a criminal background report from the Kansas bureau
23 of investigation.
24 (3) "Licensing body" means an official, agency, board or other entity
25 of the state which authorizes individuals to practice a profession in this
26 state and issues a license, registration, certificate, permit or other
27 authorization to an individual so authorized;.
28 (2)(4) "Military servicemember" means a current member of the
29 army, navy, marine corps, air force, air or army national guard of any state,
30 coast guard or any branch of the military reserves of the United States; and
31 or a former member with an honorable discharge.
32 (3)(5) "Military spouse" means the spouse of an individual who is
33 currently in active service in any branch of the armed forces of the United
34 States.
35 (6) "Private certification" means a voluntary program in which a
36 private organization grants nontransferable recognition to an individual
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1 who meets personal qualifications and standards relevant to performing
2 the occupation as determined by the private organization.
3 (b) Notwithstanding any other provision of law, any licensing body
4 shall:
5 (1) , upon submission of a completed complete application, issue a
6 license, registration or certification to a nonresident military spouse an
7 applicant, so that the nonresident military spouse applicant may lawfully
8 practice the person's occupation; and
9 (2) upon submission of a completed application within six months
10 following release from military service, issue a license, registration or
11 certification to a military servicemember with an honorable discharge so
12 that the military servicemember may lawfully practice the military
13 servicemember's occupation.
14 (c) A military servicemember with an honorable discharge or
15 nonresident military spouse An applicant who holds a valid current
16 license, registration or certification in another state, district or territory of
17 the United States shall receive a license, registration or certification under
18 subsection (b) of this section:
19 (1) If the applicant qualifies under the applicable Kansas licensure,
20 registration or certification by endorsement, reinstatement or reciprocity
21 statutes, then pursuant to applicable licensure, registration or certification
22 by endorsement, reinstatement or reciprocity statutes of the licensing body
23 of this state for the profession license, registration or certification within
24 60 15 days from the date a complete application was submitted if the
25 applicant is a military servicemember or military spouse or within 45 days
26 from the date a complete application was submitted for all other
27 applicants; or
28 (2) if the applicant does not qualify under the applicable licensure,
29 registration or certification by endorsement, reinstatement or reciprocity
30 statutes of the licensing body of this state, or if the Kansas professional
31 practice act does not have licensure, registration or certification by
32 endorsement, reinstatement or reciprocity statutes, then the applicant shall
33 receive a license, registration or certification as provided herein if, at the
34 time of application, the military servicemember or nonresident military
35 spouse applicant:
36 (A) Holds a valid current license, registration or certification in
37 another state, district or territory of the United States with licensure,
38 registration or certification requirements that the licensing body
39 determines are substantially equivalent to those established by the
40 licensing body of this state, or holds a certification issued by another state
41 for practicing the occupation but this state requires an occupational
42 license, and the licensing body determines that the certification
43 requirements are substantially equivalent to the licensing requirements
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1 established by the licensing body of this state;
2 (B) has not committed an act in any jurisdiction that would have
3 constituted grounds for the limitation, suspension or revocation of the
4 license, certificate or registration, or that the applicant has never been
5 censured or had other disciplinary action taken or had an application for
6 licensure, registration or certification denied or refused to practice an
7 occupation for which the military servicemember or nonresident military
8 spouse applicant seeks licensure, registration or certification;
9 (C) has not been disciplined by a licensing, registering, certifying or
10 other credentialing entity in another jurisdiction and is not the subject of
11 an unresolved complaint, review procedure or disciplinary proceeding
12 conducted by a licensing, registering, certifying or other credentialing
13 entity in another jurisdiction nor has surrendered their membership on any
14 professional staff in any professional association or society or faculty for
15 another state or jurisdiction while under investigation or to avoid adverse
16 action for acts or conduct similar to acts or conduct which that would
17 constitute grounds for disciplinary action in a Kansas practice act;
18 (D) does not have a disqualifying criminal record as determined by
19 the licensing body of this state under Kansas law;
20 (E) provides proof of solvency, financial standing, bonding or
21 insurance if required by the licensing body of this state, but only to the
22 same extent as required of any applicant with similar credentials or
23 experience;
24 (F) pays any fees required by the licensing body of this state; and
25 (E)(G) submits with the application a signed affidavit stating that the
26 application information, including necessary prior employment history, is
27 true and accurate.
28 Upon receiving such affidavit a complete application, the licensing
29 body shall issue the license, registration or certification within 60 15 days
30 from the date a complete application was submitted by a military
31 servicemember or military spouse, or within 45 days from the date a
32 complete application was submitted by an applicant who is not a military
33 servicemember or military spouse, to the military servicemember or
34 nonresident military spouse applicant on a probationary basis, but may
35 revoke the license, registration or certification at any time if the
36 information provided in the application is found to be false. Any The
37 probationary license issued under this subsection to a military
38 servicemember or nonresident military spouse period shall not exceed six
39 months. Upon completion of the probationary period, the license,
40 certification or registration shall become a non-probationary license,
41 certification or registration.
42 (d) Any person applicant who has not been in the active practice of
43 the occupation during the two years preceding the application for which
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1 the applicant seeks a license, registration or certification under subsections
2 (b) and (c) may be required to complete such additional testing, training,
3 mentoring, monitoring or continuing education as the Kansas licensing
4 body may deem necessary to establish the applicant's present ability to
5 practice with reasonable skill and safety in a manner that protects the
6 health, safety and welfare of the public, as provided by subsection (k).
7 (e) A nonresident military spouseUpon submission of a complete
8 application, an applicant shall receive an occupational license,
9 registration or certification under subsection (b) based on the applicant's
10 work experience in another state, if the applicant:
11 (1) Worked in a state that does not use an occupational license,
12 registration or certification to regulate an occupation, but this state uses
13 an occupational license, registration or certification to regulate the
14 occupation;
15 (2) worked for at least three years in the occupation during the four
16 years immediately preceding the application; and
17 (3) satisfies the requirements of subsection (c)(2)(B) through (G).
18 (f) Upon submission of a complete application, an applicant shall
19 receive an occupational license, registration or certification under
20 subsection (b) based on the applicant's holding of a private certification
21 and work experience in another state, if the applicant:
22 (1) Holds a private certification and worked in a state that does not
23 use an occupational license or government certification to regulate an
24 occupation, but this state uses an occupational license or government
25 certification to regulate the occupation;
26 (2) worked for at least two years in the occupation;
27 (3) holds a current and valid private certification in the occupation;
28 (4) is held in good standing by the organization that issued the
29 private certification; and
30 (5) satisfies the requirements of subsection (c)(2)(B) through (G).
31 (g) An applicant licensed, registered or certified under this section
32 shall be entitled to the same rights and subject to the same obligations as
33 are provided by the licensing body for Kansas residents, except that
34 revocation or suspension of a nonresident military spouse's an applicant's
35 license, registration or certificate in the nonresident military spouse's
36 applicant's state of residence or any jurisdiction in which the nonresident
37 military spouse applicant held a license, registration or certificate shall
38 automatically cause the same revocation or suspension of such nonresident
39 military spouse's applicant's license, registration or certificate in Kansas.
40 No hearing shall be granted to a nonresident military spouse an applicant
41 where such nonresident military spouse's applicant's license, registration
42 or certificate is subject to such automatic revocation or suspension, except
43 for the purpose of establishing the fact of revocation or suspension of the
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1 nonresident military spouse's applicant's license, registration or certificate
2 by the nonresident military spouse's applicant's state of residence.
3 (f)(h) In the event the licensing body determines that the license,
4 registration or certificate currently held by the military servicemember or
5 nonresident military spouse an applicant under subsection (c)(2)(A) who
6 is a nonresident military spouse or nonresident military servicemember is
7 not substantially equivalent to those issued by the licensing body of this
8 state, the licensing body may shall issue a temporary permit for a limited
9 period of time to allow the military servicemember or nonresident military
10 spouse applicant to lawfully practice the military servicemember's or
11 nonresident military spouse's applicant's occupation while completing any
12 specific requirements that are required in this state for licensure,
13 registration or certification that was were not required in the state, district
14 or territory of the United States in which the military servicemember or
15 nonresident military spouse applicant was licensed, registered, certified or
16 otherwise credentialed.
17 (i) In the event the licensing body determines that the license,
18 registration or certification currently held by an applicant under
19 subsection (c)(2)(A) who is not a nonresident military spouse or
20 nonresident military servicemember is not substantially equivalent to
21 those issued by the licensing body of this state, the licensing body may
22 issue a temporary permit for a limited period of time to allow the
23 applicant to lawfully practice the applicant's occupation while completing
24 any specific requirements that are required in this state for licensure,
25 registration or certification that was not required in the state, district or
26 territory of the United States in which the applicant was licensed,
27 registered, certified or otherwise credentialed.
28 (j) In the event that the licensing body determines that the private
29 certification or work experience currently held by the applicant under
30 subsection (e) or (f) is not sufficient to establish the applicant's present
31 ability to practice in a manner that protects the health, safety and welfare
32 of the public, the applicant may be required to complete such additional
33 testing, training, monitoring or continuing education as the licensing body
34 deems necessary. The applicant shall be issued a temporary permit for a
35 limited period of time to allow the applicant to lawfully practice the
36 occupation while completing any specific requirements unless the
37 licensing body finds, based on specific grounds, that issuing a temporary
38 permit would jeopardize the health, safety and welfare of the public.
39 (k) Any testing, continuing education or training requirements
40 administered under subsection (d), (h), (i) or (j) shall be limited to Kansas
41 law that regulates the occupation and that are materially different from or
42 additional to the law of another state, or shall be limited to any materially
43 different or additional body of knowledge or skill required for the
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1 occupational license, registration or certification in Kansas.
2 (g)(l) A licensing body may grant licensure, registration, certification
3 or a temporary permit to any person who meets the requirements under
4 this section but was separated from such military service under less than
5 honorable conditions or with a general discharge under honorable
6 conditions.
7 (m) Nothing in this section shall be construed to apply in conflict
8 with or in a manner inconsistent with federal law or a multistate compact,
9 or a rule or regulation or a reciprocal or other applicable statutory
10 provision that would allow an applicant to receive a license. Nothing in
11 this section shall be construed as prohibiting a licensing body from
12 denying any application for licensure, registration or certification, or
13 declining to grant a temporary or probationary license, if the licensing
14 body determines that granting the application may endanger the health,
15 safety and welfare of the public.
16 (h)(n) Each licensing body may shall adopt rules and regulations
17 necessary to implement and carry out the provisions of this section.
18 (i)(o) This section shall not apply to the practice of law or the
19 regulation of attorneys pursuant to K.S.A. 7-103, and amendments thereto.
20 (p) This section shall apply to all licensing bodies not excluded under
21 subsection (o), including, but not limited to:
22 (1) The abstracters' board of examiners;
23 (2) the board of accountancy;
24 (3) the board of adult care home administrators;
25 (4) the secretary for aging and disability services, with respect to
26 K.S.A. 65-5901 et seq. and K.S.A. 65-6503 et seq., and amendments
27 thereto;
28 (5) the Kansas board of barbering;
29 (6) the behavioral sciences regulatory board;
30 (7) the Kansas state board of cosmetology;
31 (8) the Kansas dental board;
32 (9) the state board of education;
33 (10) the Kansas board of examiners in fitting and dispensing of
34 hearing instruments;
35 (11) the board of examiners in optometry;
36 (12) the state board of healing arts;
37 (13) the secretary of health and environment, with respect to K.S.A.
38 82a-1201 et seq., and amendments thereto;
39 (14) the commissioner of insurance, with respect to K.S.A. 40-241
40 and 40-4901 et seq., and amendments thereto;
41 (15) the state board of mortuary arts;
42 (16) the board of nursing;
43 (17) the state board of pharmacy;
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1 (18) the Kansas real estate commission;
2 (19) the real estate appraisal board;
3 (20) the state board of technical professions; and
4 (21) the state board of veterinary examiners.
5 (q) All proceedings pursuant to this section shall be conducted in
6 accordance with the provisions of the Kansas administrative procedure act
7 an