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10  AN ACT concerning certified public accountants; relating to permits to
11    practice [renewal requirements for certain persons holding per-
12    mits and licenses; peer review; continuing education require-
13    ments; certified public accountants; cosmetology board licens-
14    ees]; amending K.S.A. 1996 Supp. 1-310 [and 65-1904] and repealing
15    the existing section [sections].
16
17  Be it enacted by the Legislature of the State of Kansas:
18    Section 1.  K.S.A. 1996 Supp. 1-310 is hereby amended to read as
19  follows: 1-310. (a) Permits to engage in practice as a certified public ac-
20  countant in this state shall be issued by the board to persons who are
21  holders of Kansas certificates issued under the laws of this state and who
22  have met the requirements under K.S.A. 1-302b, and amendments
23  thereto. All permits to practice issued by the board for the period ending
24  on June 30, 1981, shall be valid until July 1, 1981.
25    (b)  Commencing on July 1, 1981, each holder of a Kansas certificate,
26  which is numbered with an odd number, who is qualified under K.S.A.
27  1-302b, and amendments thereto, shall have their permit to practice is-
28  sued or renewed for a period which shall expire on July 1, 1983. Com-
29  mencing on July 1, 1983, in order to issue or renew permits to practice
30  for such holders on a biennial basis, each such permit shall be issued or
31  renewed for a period ending on the next July 1 which occurs after the
32  date the permit was issued or renewed and which occurs in an odd-
33  numbered year.
34    (c)  Commencing on July 1, 1981, each holder of a Kansas certificate,
35  which is numbered with an even number, who is qualified under K.S.A.
36  1-302b, and amendments thereto, shall have their permit to practice is-
37  sued or renewed for a period which shall expire on July 1, 1982. Com-
38  mencing on July 1, 1982, in order to issue or renew permits to practice
39  for such holders on a biennial basis, each such permit shall be issued or
40  renewed for a period ending on the next July 1 which occurs after the
41  date the permit was issued or renewed and which occurs in an even-
42  numbered year.
43    (d)  Failure to renew a permit before expiration thereof shall not de-
HB 2217--Am. by HCW
                                     

 1  prive any Kansas certificate holder of the right to renew but in such cases
 2  the holder shall pay the renewal fee prescribed by paragraph (4) of sub-
 3  section (b) of K.S.A. 1-301, and amendments thereto.
 4    (e)  Prior to June 30, 1999, as a condition for renewal of a permit to
 5  practice, the board may require permit holders to furnish with their re-
 6  newal application, evidence of participation in a quality review or peer
 7  review program prescribed by K.S.A. 1-501, and amendments thereto,
 8  and participation in continuing education in accounting, auditing, or re-
 9  lated areas of not to exceed a total of 40 hours during each year within
10  the biennial period for renewal at least 80 hours during a two-year period
11  for renewal with a minimum of 20 hours each year. The board may adopt
12  rules and regulations regarding such quality review or peer review and
13  continuing education.
14    After July 1, 1999, as a condition for renewal of a permit to practice,
15  the board may require permit holders to furnish with their renewal ap-
16  plication evidence of participation in a quality review or peer review
17  program as prescribed by K.S.A. 1-501, and amendments thereto, and
18  participation in continuing education in accounting, auditing or related
19  areas of at least 80 hours during the two calendar years immediately
20  preceding renewal with a minimum of 20 hours each year. The board may
21  adopt rules and regulations regarding such quality review or peer review
22  and continuing education.
23    (f)  Persons who are holders of permits to practice issued by the board
24  under subsection (b) of K.S.A. 1-302b, and amendments thereto, prior to
25  its amendment by this act, shall be considered to have satisfied the ex-
26  perience requirement imposed by such subsection and shall have the right
27  to have such permits renewed without meeting the experience require-
28  ment.
29    [Sec. 2.  K.S.A. 1996 Supp. 65-1904 is hereby amended to read
30  as follows: 65-1904. (a) Unless revoked for cause, all licenses of
31  cosmetologists, cosmetology technicians, electrologists and mani-
32  curists issued or renewed by the board shall expire on the expi-
33  ration dates established by rules and regulations adopted by the
34  board under this section. Subject to the other provisions of this
35  subsection, each such license, other than the three-year senior cos-
36  metologist license, shall be renewable on a biennial basis upon the
37  filing of a renewal application prior to the expiration of the license,
38  payment of the renewal fee established under this section and,
39  except for an apprentice license and the senior cosmetologist li-
40  cense, for licenses renewed on and after July 1, 1996, furnishing
41  evidence satisfactory to the board of the completion of a minimum
42  of 20 five clock hours biennially annually of continuing education
43  approved by the board in the license category in which the licensee
HB 2217--Am. by HCW
                                     

 1  holds a license or if the licensee holds a license in more than one
 2  category, in the category specified by rules and regulations of the
 3  board for licensees holding more than one license. In order to
 4  provide for the establishment of a system of biennial renewal of
 5  licenses issued by the board, the board may provide by rules and
 6  regulations that licenses issued or renewed may expire less than
 7  two years from the date of issuance or renewal. In each case in
 8  which a license is issued or renewed for a period of time of less
 9  than two years, the board shall prorate to the nearest whole month
10  the license or renewal fee established under this section.
11    [(b)  Any cosmetologist's, cosmetology technician's, estheti-
12  cian's, electrologist's or manicurist's license may be renewed by
13  the applicant within 90 days after the date of expiration of the
14  applicant's last license upon submission of proof, satisfactory to
15  the board, of the applicant's qualifications to renew practice as a
16  cosmetologist, cosmetology technician, electrologist or manicurist,
17  including the completion of any applicable continuing education
18  requirements and payment of the applicable renewal fee and de-
19  linquent fee prescribed pursuant to this section. Any applicant
20  whose license as a cosmetologist, cosmetology technician, elec-
21  trologist or manicurist has expired for more than one year prior
22  to application for renewal may obtain a license in the same manner
23  and on payment of the same fees as provided for an applicant for
24  an original license on and after July 1, 1996, and upon proof that
25  such applicant has satisfactorily completed a program of continu-
26  ing education required by the board for applicants whose licenses
27  have expired.
28    [(c)  At the time of application for license renewal, a cosmetol-
29  ogist licensed in this state may apply to the board and qualify for
30  a three-year senior cosmetologist license by:
31    [(1)  Paying the fee required by this section;
32    [(2)  showing evidence satisfactory to the board of having been
33  actually employed in a licensed salon or licensed school for not less
34  than 120 days during the preceding three years;
35    [(3)  on and after July 1, 1996, furnishing evidence satisfactory
36  to the board of the completion of a minimum of 30 15 clock hours
37  triennially of continuing education approved by the board; and
38    [(4)  furnishing evidence satisfactory to the board of attendance
39  of 40 clock hours of courses of instruction in cosmetology approved
40  by the board.
41    [(d)  Any applicant for a license other than a renewal license
42  shall make a verified application to the board on such forms as the
43  board may require and, upon payment of the examination fee shall
HB 2217--Am. by HCW
                                     

 1  be examined by the board or their appointees and shall be issued
 2  a license, if found to be duly qualified to practice the profession
 3  of cosmetologist, esthetician, electrologist or manicurist.
 4    [(e) (1)  Except as otherwise provided in this section, the board
 5  shall require every licensee in the active practice of cosmetology
 6  within the state to submit evidence of satisfactory completion of a
 7  program of continuing education required under this section. Such
 8  evidence shall be made in writing in a form required by the board.
 9  The board shall require every licensee in the active practice of
10  cosmetology within the state to remit a continuing education fee
11  to the board or its designee in an amount fixed by the board. The
12  board shall adopt rules and regulations establishing the program
13  of continuing education in accordance with this section as soon as
14  possible after the effective date of this act. In establishing such
15  requirements the board shall consider any existing programs of
16  continuing education currently being offered to licensees of the
17  board.
18    [(2)  To qualify as an approved provider of continuing educa-
19  tion offerings, persons, organizations or institutions proposing to
20  provide such continuing education offerings shall apply to the
21  board for approval and submit evidence that the applicant is pre-
22  pared to meet the standards and requirements established by the
23  rules and regulations of the board for such continuing education
24  offerings. Initial applications shall be made in writing on forms
25  supplied by the board and shall be submitted to the board together
26  with the application fee fixed by the board. Qualification as an
27  approved provider of continuing education offerings shall expire
28  five years after the granting of such approval by the board. An
29  approved provider of continuing education offerings shall submit
30  annually to the board the continuing education program approval
31  fee established by rules and regulations, along with an annual re-
32  port of its educational programs for the previous fiscal year. Ap-
33  plications for renewal as an approved provider of continuing ed-
34  ucation offerings and annual reports shall be made in writing on
35  forms supplied by the board and shall be submitted to the board
36  together with the application fee fixed by the board.
37    [(3)  The board shall establish an inactive license category and
38  may waive the continuing education requirements for the renewal
39  of a license and place a licensee on inactive status if a licensee is
40  not engaged in or has retired from practice or has become tem-
41  porarily or permanently disabled and the licensee files with the
42  board a certificate stating either of the following:
43    [(A)  A retiring licensee certifies to the board that the licensee:
HB 2217--Am. by HCW
                                     

 1    [(i)  Has retired from the active practice of cosmetology service;
 2  or
 3    [(ii)  is not engaged in the provision of any cosmetology service
 4  as defined by the statutes of the state of Kansas; or
 5    [(B)  a disabled licensee certifies to the board that such licensee
 6  is no longer engaged in the provision of any cosmetology service
 7  as defined by the statutes of the state of Kansas by reason of any
 8  physical disability, whether permanent or temporary, and shall de-
 9  scribe the nature of such disability. The waiver of continuing ed-
10  ucation under this subsection shall continue so long as the retire-
11  ment or physical disability exists. Prior to returning to active
12  practice for which a person holds an inactive license, such person
13  shall complete 20 clock hours of continuing education approved
14  by the board in the license category in which the licensee holds a
15  license or if the licensee holds a license in more than one category,
16  in the category specified by rules and regulations of the board for
17  licensees holding more than one license. The board shall establish
18  by rules and regulations a procedure to activate an inactive license.
19    [(f)  The board is hereby authorized to adopt rules and regu-
20  lations fixing the amount of fees for the following items and to
21  charge and collect the amounts so fixed, subject to the following
22  limitations:
23  [Active cosmetologist license or renewal, for two years--not more
24  than[nt$60
25  [Inactive cosmetologist license or renewal, for two years--not
26  more than[nt30
27  [Delinquent cosmetologist license[nt4
28  [Cosmetology technician renewal, for two years--not more than[nt30
29  [Electrologist license or renewal, for two years--not more than[nt30
30  [Delinquent electrologist license[nt4
31  [Senior cosmetologist license or renewal, for three years--not
32  more than[nt45
33  [Manicurist license renewal or renewal, for two years--not more
34  than[nt24
35  [Delinquent manicurist license[nt4
36  [Esthetician license or renewal, for two years--not more than[nt30
37  [Delinquent esthetician license[nt4
38  [Any apprentice license--not more than[nt12
39  [Additional training license--not more than[nt12
40  [New school license[nt100
41  [School license renewal--not more than[nt50
42  [Delinquent school license--not more than[nt10
43  [New salon or electrology clinic license--not more than[nt30
HB 2217--Am. by HCW
                                     

 1  [Salon or electrology clinic license renewal--not more than[nt20
 2  [Delinquent salon or electrology clinic license[nt6
 3  [Transfer of salon or electrology clinic license--not more than[nt15
 4  [Cosmetologist's examination--not more than[nt25
 5  [Cosmetology technician's examination--not more than[nt25
 6  [Electrologist's examination--not more than[nt25
 7  [Manicurist's examination--not more than[nt25
 8  [Esthetician examination--not more than[nt25
 9  [Instructor's examination--not more than[nt50
10  [Out-of-state examinations--not more than[nt35
11  [Out-of-state affidavits[nt2
12  [Any duplicate license[nt2
13  [Instructor's license or renewal, for two years--not more than[nt50
14  [Delinquent instructor's license--not more than[nt50
15  [Cosmetologist continuing education registration fee[nt40
16  [Continuing education program application fee[nt100
17                                                                    [Continuing education program approval
     fee100[et
18    [(g)  Whenever the board determines that the total amount of
19  revenue derived from the fees collected pursuant to this section is
20  insufficient to carry out the purposes for which the fees are col-
21  lected, the board may amend its rules and regulations to increase
22  the amount of the fee, except that the amount of the fee for any
23  item shall not exceed the maximum amount authorized by this sub-
24  section. Whenever the amount of fees collected pursuant to this
25  section provides revenue in excess of the amount necessary to
26  carry out the purposes for which such fees are collected, it shall
27  be the duty of the board to decrease the amount of the fee for one
28  or more of the items listed in this subsection by amending the rules
29  and regulations which fix the fees.
30    [(h)  Any person who failed to obtain a renewal license while in
31  the armed forces of the United States shall be entitled to a renewal
32  license upon filing application and paying the renewal fee for the
33  current year during which the person has been discharged on and
34  after July 1, 1996, and upon proof that such applicant has satisfac-
35  torily completed a program of continuing education required by
36  the board for applicants under this subsection.]
37    Sec. 2. [3.]  K.S.A. 1996 Supp. 1-310 is [and 65-1904 are] hereby
38  repealed.
39    Sec. 3. [4.]  This act shall take effect and be in force from and after
40  its publication in the statute book.