Session of 2021
HOUSE BILL No. 2066
By Representatives Croft, Owens, Proctor, Tarwater, Thomas and Wasinger
1-14

1 AN ACT concerning occupational regulation; relating to occupational
2 licenses for certain applicants; telemedicine; temporary emergency
3 licenses; electronic credentials; amending K.S.A. 2020 Supp. 48-3406
4 and repealing the existing section.
5
6 Be it enacted by the Legislature of the State of Kansas:
7 Section 1. K.S.A. 2020 Supp. 48-3406 is hereby amended to read as
8 follows: 48-3406. (a) For the purposes of this section:
9 (1) "Applicant" means an individual who is a military spouse,
10 military servicemember or an individual who has established or intends to
11 establish residency in this state. "Applicant" with respect to law
12 enforcement certification by the Kansas commission on peace officers'
13 standards and training means an applicant who has met the employment
14 requirement pursuant to K.S.A. 74-5605(a), and amendments thereto.
15 (2) "Complete application" means the licensing body has received all
16 forms, fees, documentation and any other information required or
17 requested by the licensing body for the purpose of evaluating the
18 application, consistent with this section and the rules and regulations
19 adopted by the licensing body pursuant to this section. If the licensing
20 body has received all such forms, fees, documentation and any other
21 information required or requested by the licensing body, an application
22 shall be deemed to be a complete application even if the licensing body
23 has not yet received a criminal background report from the Kansas bureau
24 of investigation.
25 (3) "Licensing body" means an official, agency, board or other entity
26 of the state which authorizes individuals to practice a profession in this
27 state and issues a license, registration, certificate, permit or other
28 authorization to an individual so authorized;.
29 (2)(4) "Military servicemember" means a current member of the
30 army, navy, marine corps, air force, air or army national guard of any state,
31 coast guard or any branch of the military reserves of the United States; and
32 or a former member with an honorable discharge.
33 (3)(5) "Military spouse" means the spouse of an individual who is
34 currently in active service in any branch of the armed forces of the United
35 States.
36 (6) "Private certification" means a voluntary program in which a
HB 2066 2
1 private organization grants nontransferable recognition to an individual
2 who meets personal qualifications and standards relevant to performing
3 the occupation as determined by the private organization.
4 (b) Notwithstanding any other provision of law, any licensing body
5 shall:
6 (1) , upon submission of a completed complete application, issue a
7 license, registration or certification to a nonresident military spouse an
8 applicant, so that the nonresident military spouse applicant may lawfully
9 practice the person's occupation; and
10 (2) upon submission of a completed application within six months
11 following release from military service, issue a license, registration or
12 certification to a military servicemember with an honorable discharge so
13 that the military servicemember may lawfully practice the military
14 servicemember's occupation.
15 (c) A military servicemember with an honorable discharge or
16 nonresident military spouse An applicant who holds a valid current
17 license, registration or certification in another state, district or territory of
18 the United States shall receive a license, registration or certification under
19 subsection (b) of this section:
20 (1) If the applicant qualifies under the applicable Kansas licensure,
21 registration or certification by endorsement, reinstatement or reciprocity
22 statutes, then pursuant to applicable licensure, registration or certification
23 by endorsement, reinstatement or reciprocity statutes of the licensing body
24 of this state for the profession license, registration or certification within
25 60 15 days from the date a complete application was submitted if the
26 applicant is a military servicemember or military spouse or within 45 days
27 from the date a complete application was submitted for all other
28 applicants; or
29 (2) if the applicant does not qualify under the applicable licensure,
30 registration or certification by endorsement, reinstatement or reciprocity
31 statutes of the licensing body of this state, or if the Kansas professional
32 practice act does not have licensure, registration or certification by
33 endorsement, reinstatement or reciprocity statutes, then the applicant shall
34 receive a license, registration or certification as provided herein if, at the
35 time of application, the military servicemember or nonresident military
36 spouse applicant:
37 (A) Holds a valid current license, registration or certification in
38 another state, district or territory of the United States with licensure,
39 registration or certification requirements that the licensing body
40 determines are equivalent to authorize a similar scope of practice as those
41 established by the licensing body of this state, or holds a certification
42 issued by another state for practicing the occupation but this state
43 requires an occupational license, and the licensing body determines that
HB 2066 3
1 the certification requirements certify a similar scope of practice as the
2 licensing requirements established by the licensing body of this state;
3 (B) has not committed an act in any jurisdiction that would have
4 constituted grounds for the limitation, suspension or revocation of the
5 license, certificate or registration, or that the applicant has never been
6 censured or had other disciplinary action taken or had an application for
7 licensure, registration or certification denied or refused to practice an
8 occupation for which the military servicemember or nonresident military
9 spouse applicant seeks licensure, registration or certification;
10 (C) has not been disciplined by a licensing, registering, certifying or
11 other credentialing entity in another jurisdiction and is not the subject of
12 an unresolved complaint, review procedure or disciplinary proceeding
13 conducted by a licensing, registering, certifying or other credentialing
14 entity in another jurisdiction nor has surrendered their membership on any
15 professional staff in any professional association or society or faculty for
16 another state or jurisdiction while under investigation or to avoid adverse
17 action for acts or conduct similar to acts or conduct which that would
18 constitute grounds for disciplinary action in a Kansas practice act;
19 (D) does not have a disqualifying criminal record as determined by
20 the licensing body of this state under Kansas law;
21 (E) provides proof of solvency, financial standing, bonding or
22 insurance if required by the licensing body of this state, but only to the
23 same extent as required of any applicant with similar credentials or
24 experience;
25 (F) pays any fees required by the licensing body of this state; and
26 (E)(G) submits with the application a signed affidavit stating that the
27 application information, including necessary prior employment history, is
28 true and accurate.
29 Upon receiving such affidavit a complete application, the licensing
30 body shall issue the license, registration or certification within 60 15 days
31 from the date a complete application was submitted by a military
32 servicemember or military spouse, or within 45 days from the date a
33 complete application was submitted by an applicant who is not a military
34 servicemember or military spouse, to the military servicemember or
35 nonresident military spouse applicant on a probationary basis, but may
36 revoke the license, registration or certification at any time if the
37 information provided in the application is found to be false. Any The
38 probationary license issued under this subsection to a military
39 servicemember or nonresident military spouse period shall not exceed six
40 months. Upon completion of the probationary period, the license,
41 certification or registration shall become a non-probationary license,
42 certification or registration.
43 (d) Any person applicant who has not been in the active practice of
HB 2066 4
1 the occupation during the two years preceding the application for which
2 the applicant seeks a license, registration or certification under subsections
3 (b) and (c) may be required to complete such additional testing, training,
4 mentoring, monitoring or continuing education as the Kansas licensing
5 body may deem necessary to establish the applicant's present ability to
6 practice with reasonable skill and safety in a manner that protects the
7 health and safety of the public, as provided by subsection (k).
8 (e) A nonresident military spouseUpon submission of a complete
9 application, an applicant shall receive an occupational license,
10 registration or certification under subsection (b) based on the applicant's
11 work experience in another state, if the applicant:
12 (1) Worked in a state that does not use an occupational license,
13 registration or certification to regulate an occupation, but this state uses
14 an occupational license, registration or certification to regulate the
15 occupation;
16 (2) worked for at least three years in the occupation during the four
17 years immediately preceding the application; and
18 (3) satisfies the requirements of subsection (c)(2)(B) through (G).
19 (f) Upon submission of a complete application, an applicant shall
20 receive an occupational license, registration or certification under
21 subsection (b) based on the applicant's holding of a private certification
22 and work experience in another state, if the applicant:
23 (1) Holds a private certification and worked in a state that does not
24 use an occupational license or government certification to regulate an
25 occupation, but this state uses an occupational license or government
26 certification to regulate the occupation;
27 (2) worked for at least two years in the occupation;
28 (3) holds a current and valid private certification in the occupation;
29 (4) is held in good standing by the organization that issued the
30 private certification; and
31 (5) satisfies the requirements of subsection (c)(2)(B) through (G).
32 (g) An applicant licensed, registered or certified under this section
33 shall be entitled to the same rights and subject to the same obligations as
34 are provided by the licensing body for Kansas residents, except that
35 revocation or suspension of a nonresident military spouse's an applicant's
36 license, registration or certificate in the nonresident military spouse's
37 applicant's state of residence or any jurisdiction in which the nonresident
38 military spouse applicant held a license, registration or certificate shall
39 automatically cause the same revocation or suspension of such nonresident
40 military spouse's applicant's license, registration or certificate in Kansas.
41 No hearing shall be granted to a nonresident military spouse an applicant
42 where such nonresident military spouse's applicant's license, registration
43 or certificate is subject to such automatic revocation or suspension, except
HB 2066 5
1 for the purpose of establishing the fact of revocation or suspension of the
2 nonresident military spouse's applicant's license, registration or certificate
3 by the nonresident military spouse's applicant's state of residence.
4 (f)(h) In the event the licensing body determines that the license,
5 registration or certificate currently held by the military servicemember or
6 nonresident military spouse an applicant under subsection (c)(2)(A) is
7 who is a nonresident military spouse or nonresident military
8 servicemember does not equivalent to those authorize a similar scope of
9 practice as that issued by the licensing body of this state, the licensing
10 body may shall issue a temporary permit for a limited period of time to
11 allow the military servicemember or nonresident military spouse applicant
12 to lawfully practice the military servicemember's or nonresident military
13 spouse's applicant's occupation while completing any specific
14 requirements that are required in this state for licensure, registration or
15 certification that was were not required in the state, district or territory of
16 the United States in which the military servicemember or nonresident
17 military spouse applicant was licensed, registered, certified or otherwise
18 credentialed.
19 (i) In the event the licensing body determines that the license,
20 registration or certification currently held by an applicant under
21 subsection (c)(2)(A), who is not a nonresident military spouse or
22 nonresident military servicemember, does not authorize a similar scope of
23 practice as that issued by the licensing body of this state, the licensing
24 body may issue a temporary permit for a limited period of time to allow
25 the applicant to lawfully practice the applicant's occupation while
26 completing any specific requirements that are required in this state for
27 licensure, registration or certification that was not required in the state,
28 district or territory of the United States in which the applicant was
29 licensed, registered, certified or otherwise credentialed.
30 (j) In the event that the licensing body determines that the private
31 certification or work experience currently held by the applicant under
32 subsection (e) or (f) is not sufficient to establish the applicant's present
33 ability to practice in a manner that protects the health and safety of the
34 public, the applicant may be required to complete such additional testing,
35 training, monitoring or continuing education as the licensing body deems
36 necessary. The applicant shall be issued a temporary permit for a limited
37 period of time to allow the applicant to lawfully practice the occupation
38 while completing any specific requirements unless the licensing body
39 finds, based on specific grounds, that issuing a temporary permit would
40 jeopardize the health and safety of the public.
41 (k) Any testing, continuing education or training requirements
42 administered under subsection (d), (h), (i) or (j) shall be limited to Kansas
43 law that regulates the occupation and that are materially different from or
HB 2066 6
1 additional to the law of another state, or shall be limited to any materially
2 different or additional body of knowledge or skill required for the
3 occupational license, registration or certification in Kansas.
4 (g)(l) A licensing body may grant licensure, registration, certification
5 or a temporary permit to any person who meets the requirements under
6 this section but was separated from such military service under less than
7 honorable conditions or with a general discharge under honorable
8 conditions.
9 (m) (1) Notwithstanding any other provision of law, a physician
10 holding a license issued by the applicable licensing agency of another
11 state may practice telemedicine to treat patients located in the state of
12 Kansas, if such out-of-state physician receives a telemedicine waiver
13 issued by the state board of healing arts. The state board of healing arts
14 shall issue such a waiver within 15 days from receipt of a complete
15 application, if the physician:
16 (A) Submits a complete application in a manner determined by the
17 state board of healing arts and pays a fee not to exceed $100; and
18 (B) holds an unrestricted license to practice medicine and surgery in
19 the other state and is not the subject of any investigation or disciplinary
20 action by the applicable licensing agency.
21 (2) An applicable licensing body of this state may extend the
22 provisions of this subsection to allow other healthcare professionals
23 licensed and regulated by the licensing body to practice telehealth within
24 the scope of practice defined by Kansas law for such healthcare profession
25 as deemed by the licensing body consistent with ensuring patient safety.
26 (3) A physician practicing telemedicine in accordance with this
27 subsection shall conduct an appropriate assessment and evaluation of the
28 patient's current condition and document the appropriate medical
29 indication for any prescription issued.
30 (4) Nothing in this subsection shall supersede or otherwise affect the
31 provisions of K.S.A. 65-4a10, and amendments thereto, or K.S.A. 2020
32 Supp. 40-2,215, and amendments thereto.
33 (5) Any person who receives a telemedicine waiver under the
34 provisions of this subsection shall be subject to all rules and regulations
35 pertaining to the practice of the licensed profession in this state and shall
36 be considered a licensee for the purposes of the professional practice acts
37 administered by the state board of healing arts.
38 (6) As used in this subsection, "telemedicine" means the delivery of
39 healthcare services by a healthcare provider while the patient is at a
40 different physical location.
41 (n) Nothing in this section shall be construed to apply in conflict with
42 or in a manner inconsistent with federal law or a multistate compact, or a
43 rule or regulation or a reciprocal or other applicable statutory provision
HB 2066