Session of 1999
         
HOUSE BILL No. 2419
         
By Representative Pottorff
          
2-10
          
  9             AN  ACT concerning licensure of persons who measure bone mass.
10      
11       Be it enacted by the Legislature of the State of Kansas:
12             Section  1. For the purposes of this act:
13             (a) "Secretary" means the secretary of health and environment.
14             (b) "Department" means the department of health and environment.
15             (c) "Bone mass measurement" means any radiologic, radioisotopic or
16       other procedure approved by the federal food and drug administration
17       for the purpose of identifying bone mass, detecting bone loss or inter-
18       preting bone quality. Bone mass measurement shall not include a phy-
19       sician's interpretation of the results of any bone mass measurement.
20             (d) "Bone mass measurement specialist" means a person engaged in
21       the performance of bone mass measurement.
22             (e) "Sponsor" means entities approved by the secretary of health and
23       environment to provide continuing education programs or courses on an
24       ongoing basis under this act and in accordance with any rules and regu-
25       lations promulgated by the secretary in accordance with this act.
26             Sec.  2. (a) Beginning one year after the date the rules and regulations
27       first adopted under this act become effective, only a person licensed or
28       otherwise authorized to practice bone mass measurement under this act
29       shall practice bone mass measurement. Only a person licensed under this
30       act shall use the title "bone mass measurement specialist" alone or in
31       combination with other titles or use the letters B.M.M.S. or any other
32       words or letters to indicate that the person using the same is a licensed
33       bone mass measurement specialist.
34             (b) Violation of this section is a class A misdemeanor.
35             (c) In lieu of or in addition to prosecution under subsection (b), the
36       secretary may bring an action to enjoin an alleged violation of this section.
37             Sec.  3. The secretary may adopt rules and regulations necessary for
38       the implementation of this act including, but not limited to, setting stan-
39       dards for approval of courses of study under this act, setting standards
40       for approval of planned, continuous programs of bone mass measurement
41       experience and establishing procedures for the examination of applicants.
42             Sec.  4. The secretary may contract with investigative agencies, com-
43       missions or consultants to assist the secretary in obtaining information

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  1       about courses of study to be approved by the secretary under section 6
  2       and amendments thereto.
  3             Sec.  5. (a) No person shall be granted a license as a bone mass meas-
  4       urement technician unless such person has:
  5             (1) Filed an application and paid the required application fee;
  6             (2) received a baccalaureate or post-baccalaureate degree with a ma-
  7       jor course of study approved by the secretary as meeting the standards
  8       for approval of such course of study under this act;
  9             (3) completed a planned, continuous program of bone mass meas-
10       urement experience approved by the secretary of not less than 900 clock
11       hours under the supervision of a bone mass measurement technician; and
12             (4) passed an examination approved by the secretary.
13             (b) Licenses shall be issued for a period of two years.
14             Sec.  6. (a) A temporary license to practice as a bone mass measure-
15       ment technician may be issued by the secretary upon the filing of an
16       application, payment of the required application fee and submission of
17       evidence of successful completion of the education requirements for li-
18       censure under this act.
19             (b) The temporary license shall expire six months from the date of
20       issuance. The temporary license may be renewed for one period of not
21       to exceed six months if the secretary determines that the applicant has
22       failed to become licensed within the original period and if the applicant
23       has paid the required renewal fee.
24             Sec.  7. For one year beginning on the date the rules and regulations
25       first adopted under this act become effective, the secretary shall waive
26       the examination requirement and grant a license to a person who pays
27       the renewal fee and who:
28             (a) Meets the educational requirements set forth by this act and has
29       completed a planned, continuous program of bone mass measurement
30       experience approved by the secretary of not less than 900 clock hours on
31       or before July 1, 2000; or
32             (b) meets the educational requirements and on the effective date of
33       this act has been employed in the practice of bone mass measurement
34       for at least three of the five years immediately preceding July 1, 1999.
35             Sec.  8. (a) Licenses may be renewed upon payment of the required
36       renewal fee and successful completion of not more than 15 hours of con-
37       tinuing education during the licensure period as specified by the secretary
38       by rules and regulations.
39             (b) At least 30 days before the expiration of the license, the secretary
40       shall notify the licensee of the expiration by mail addressed to the li-
41       censee's last place of residence as noted upon the office records. If the
42       licensee fails to submit an application and fee by the date of expiration
43       of the license, the licensee shall be given a second notice that the license

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  1       has expired and the license may only be renewed if the application, re-
  2       newal fee and late renewal fee are received by the secretary within the
  3       thirty-day period following the date of expiration and, if the application
  4       and both fees are not received within the thirty-day period, the license
  5       shall be considered to have lapsed for failure to renew and shall be reis-
  6       sued only after the applicant has been reinstated under subsection (c).
  7             (c) Any licensee who allows the licensee's license to lapse by failing
  8       to renew as herein provided may be reinstated upon payment of the
  9       renewal fee and the reinstatement fee and upon submitting evidence of
10       satisfactory completion of any applicable continuing education require-
11       ments established by the secretary for reinstatement of persons whose
12       licenses have lapsed for failure to renew. The secretary shall adopt rules
13       and regulations establishing appropriate continuing education require-
14       ments for reinstatement of persons whose licenses have lapsed for failure
15       to renew.
16             Sec.  9. The secretary may license, without examination, any person
17       who is duly licensed in another state if the standards for licensure in such
18       other state are not less than the standards for licensure under this act.
19             Sec.  10. (a) The secretary may deny, refuse to renew, suspend or
20       revoke a license where the licensee or applicant:
21             (1) Has obtained, or attempted to obtain, a license by means of fraud,
22       misrepresentation or concealment of material facts;
23             (2) has been guilty of unprofessional conduct as defined by rules and
24       regulations adopted by the secretary;
25             (3) has been found guilty of a crime found by the secretary to have
26       a direct bearing on whether such person should be entrusted to serve the
27       public in the capacity of a bone mass measurement specialist;
28             (4) is mentally ill or physically disabled to an extent that impairs the
29       individual's ability to engage in the practice of bone mass measurement;
30             (5) has used any advertisement or solicitation which is false, mislead-
31       ing or deceptive to the general public or persons to whom the advertise-
32       ment or solicitation is primarily directed;
33             (6) has violated any lawful order or rule and regulation of the secre-
34       tary; or
35             (7) has violated any provision of this act.
36             (b) Such denial, refusal to renew, suspension or revocation of a li-
37       cense may be ordered by the secretary after notice and hearing on the
38       matter in accordance with the provisions of the Kansas administrative
39       procedure act.
40             (c) A person whose license has been revoked may apply to the sec-
41       retary for reinstatement. The secretary shall have discretion to accept or
42       reject an application for reinstatement and may hold a hearing to consider
43       such reinstatement. An applicant for reinstatement shall submit a rein-

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  1       statement application and a reinstatement fee established by the secretary
  2       and fulfill the requirements established under subsection (c) of K.S.A.
  3       65-5909 and amendments thereto.
  4             Sec.  11. The secretary shall fix by rules and regulations fees for ap-
  5       plications for and renewal of licenses, temporary licenses, examination
  6       fees, late renewal fees, reinstatement and sponsorship fees under this act.
  7       Such fees shall be fixed in an amount to cover the costs of administering
  8       the provisions of this act. No fee shall be more than $200. The secretary
  9       shall remit all moneys received from fees, charges or penalties under this
10       act to the state treasurer at least monthly. Upon receipt of each such
11       remittance the state treasurer shall deposit the entire amount thereof in
12       the state treasury and credit the same to the state general fund.
13             Sec.  12. This act shall be known and may be cited as the bone mass
14       measurement specialist licensing act.
15        Sec.  13. This act shall take effect and be in force from and after its
16       publication in the statute book.