An  Act concerning the board of nursing; relating to exempt licenses; amending K.S.A.
      1998 Supp. 65-1115, 65-1116, 65-1118, 65-1131, 65-4203 and 65-4208 and repealing
      the existing sections.


     
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1998 Supp. 65-1115 is hereby amended to read as
follows: 65-1115. (a) Qualifications of applicants. An applicant for a li-
cense to practice as a registered professional nurse shall:

      (1) Have graduated from a high school accredited by the appropriate
legal accrediting agency or has obtained the equivalent of a high school
education, as determined by the state department of education;

      (2) hold evidence of graduation from an accredited school of profes-
sional nursing in the United States or its territories or from a school of
professional nursing in a foreign country which is approved by the board
as defined in rules and regulations;

      (3) have obtained other qualifications not in conflict with this act as
the board may prescribe by rule and regulation; and

      (4) file with the board written application for a license.

      (b) Applicant deficient in qualifications. If the board finds in evalu-
ating any applicant that such applicant is deficient in qualification or in
the quality of such applicant's educational experience, the board may
require such applicant to fulfill such remedial or other requirements as
the board may prescribe.

      (c) License. (1) An applicant shall pass an examination as the board
may prescribe. Each examination may be supplemented by an oral or
practical examination. Upon successfully passing such examinations the
board shall issue to the applicant a license to practice nursing as a reg-
istered professional nurse.

      (2) The board may issue a license to practice nursing as a registered
professional nurse to an applicant who has been duly licensed as a reg-
istered professional nurse by examination under the laws of another state
or territory if, in the opinion of the board, the applicant meets the qual-
ifications required of a registered professional in this state. Verification
of the applicant's licensure status shall be required from the original state
of licensure.

      (3) Refresher course. Notwithstanding the provisions of subsections
(a) and (b), an applicant for a license to practice as a registered profes-
sional nurse who has not been licensed to practice professional nursing
for five years preceding application shall be required to successfully com-
plete a refresher course as defined by the board.

      (4) Renewal license. A licensed professional nurse licensed under this
act shall be eligible for renewal licenses upon compliance with K.S.A. 65-
1117 and amendments thereto.

      (5) Repeated examination failure. Persons who are unsuccessful in
passing the licensure examination within 24 months after graduation shall
petition the board for permission prior to subsequent attempts. The board
may require the applicant to submit and complete a plan of study related
to deficiencies identified on the failed examination profiles prior to taking
the licensure examination a subsequent time.

      (6) An application for initial licensure or endorsement will be held
awaiting completion of meeting qualifications for a time period specified
in rules and regulations.

      (d) Title and abbreviation. Any person who holds a license to practice
as a registered professional nurse in this state shall have the right to use
the title, ``registered nurse,'' and the abbreviation, ``R.N.'' No other per-
son shall assume the title or use the abbreviation or any other words,
letters, signs or figures to indicate that the person is a registered profes-
sional nurse.

      (e) Temporary permit. The board may issue a temporary permit to
practice nursing as a registered professional nurse for a period not to
exceed 120 days. A temporary permit for 120 days may be issued to an
applicant for licensure as a registered professional nurse who is a graduate
of a professional school of nursing in a foreign country after verification
of licensure in that foreign country and approval of educational creden-
tials.

      (f) Exempt license. The board may issue an exempt license to any
licensee as defined in rules and regulations who makes written application
for such license on a form provided by the board and, who remits a fee
as established pursuant to K.S.A. 65-1118 and amendments thereto. The
board may issue an exempt license to a person and who is not regularly
engaged in the practice of professional nursing in Kansas but is a chari-
table health care provider as defined by K.S.A. 75-6102 and amendments
thereto but volunteers professional nursing service or is a charitable
health care provider as defined by K.S.A. 75-6102 and amendments
thereto. Each exempt licensee shall be subject to all provisions of the
nurse practice act, except as otherwise provided in this subsection (f).
Each exempt license may be renewed biennially subject to the provisions
of this section. The holder of the exempt license shall not be required to
submit evidence of satisfactory completion of a program of continuing
nursing education for renewal. To convert an exempt license to an active
license, the exempt licensee shall meet all the requirements of subsection
(c) or K.S.A. 65-1117 and amendments thereto. The board shall have
authority to write rules and regulations to carry out the provisions of this
section.

      Sec.  2. K.S.A. 1998 Supp. 65-1116 is hereby amended to read as
follows: 65-1116. (a) Qualification. An applicant for a license to practice
as a licensed practical nurse shall:

      (1) Have graduated from a high school accredited by the appropriate
legal accrediting agency or has obtained the equivalent of a high school
education, as determined by the state department of education;

      (2) hold evidence of graduation from an accredited school of practical
nursing or professional nursing in the United States or its territories or
from a school of practical nursing or professional nursing in a foreign
country which is approved by the board as defined in rules and regula-
tions;

      (3) have obtained other qualifications not in conflict with this act as
the board may prescribe by rule and regulation; and

      (4) file with the board a written application for a license.

      (b) If the board finds in evaluating any applicant that such applicant
is deficient in qualification or in the quality of such applicant's educational
experience, the board may require such applicant to fulfill such remedial
or other requirements as the board may prescribe.

      (c) License. (1) Examination. The applicant shall pass an examination
as the board may prescribe. Each examination may be supplemented by
an oral or practical examination. Upon successfully passing such exami-
nations, the board shall issue to the applicant a license to practice as a
licensed practical nurse.

      (2) The board may issue a license to practice nursing as a practical
nurse to an applicant who has been duly licensed as a practical nurse by
examination under the laws of another state or territory if, in the opinion
of the board, the applicant meets the qualifications required of a practical
nurse in this state. Verification of the applicant's licensure status shall be
required from the original state of licensure.

      (3) Refresher course. Notwithstanding the provisions of subsections
(a) and (b), an applicant for a license to practice as a licensed practical
nurse who has not been licensed to practice practical nursing for five
years preceding application shall be required to successfully complete a
refresher course as defined by the board.

      (4) Renewal license. A licensed practical nurse licensed under this act
shall be eligible for renewal licenses upon compliance with K.S.A. 65-
1117 and amendments thereto.

      (5) Repeated examination failure. Persons who are unsuccessful in
passing the licensure examination within 24 months after graduation shall
petition the board for permission prior to subsequent attempts. The board
may require the applicant to submit and complete a plan of study related
to deficiencies identified on the failed examination profiles prior to taking
the licensure examination for a subsequent time.

      (6) An application for initial licensure or endorsement will be held
awaiting completion of meeting qualifications for a time period specified
in rules and regulations.

      (d) Title and abbreviation. Any person who holds a license to practice
as a licensed practical nurse in this state shall have the right to use the
title, ``licensed practical nurse,'' and the abbreviation, ``L.P.N.'' No other
person shall assume the title or use the abbreviation or any other words,
letters, signs or figures to indicate that the person is a licensed practical
nurse.

      (e) Temporary permit. The board may issue a temporary permit to
practice nursing as a licensed practical nurse for a period not to exceed
120 days. A temporary permit for 120 days may be issued to an applicant
for licensure as a licensed practical nurse who is a graduate of a practical
school of nursing in a foreign country after verification of licensure in
that foreign country and approval of educational credentials.

      (f) Exempt license. The board may issue an exempt license to any
licensee as defined in rules and regulations who makes written application
for such license on a form provided by the board and, who remits a fee
as established pursuant to K.S.A. 65-1118 and amendments thereto. The
board may issue an exempt license to a person and who is not regularly
engaged in the practice of practical nursing in Kansas but is a charitable
health care provider as defined by K.S.A. 75-6102 and amendments
thereto but volunteers practical nursing service or is a charitable health
care provider as defined by K.S.A. 75-6102 and amendments thereto.
Each exempt licensee shall be subject to all provisions of the nurse prac-
tice act, except as otherwise provided in this subsection (f). Each exempt
license may be renewed biennially subject to the provisions of this section.
The holder of the exempt license shall not be required to submit evidence
of satisfactory completion of a program of continuing nursing education
for renewal. To convert an exempt license to an active license, the exempt
licensee shall meet all the requirements of subsection (c) or K.S.A. 65-
1117 and amendments thereto. The board shall have authority to write
rules and regulations to carry out the provisions of this section.

      Sec.  3. K.S.A. 1998 Supp. 65-1131 is hereby amended to read as
follows: 65-1131. (a) (1) Certification. Upon application to the board by
any professional nurse in this state and upon satisfaction of the standards
and requirements established by the board under K.S.A. 65-1130 and
amendments thereto, the board may issue a certificate of qualification to
such applicant authorizing the applicant to perform the duties of an ad-
vanced registered nurse practitioner as defined by the board under K.S.A.
65-1130 and amendments thereto.

      (2) The board may issue a certificate to practice nursing as an ad-
vanced registered nurse practitioner to an applicant who has been duly
licensed or certified as an advanced registered nurse practitioner under
the laws of another state or territory if, in the opinion of the board, the
applicant meets the qualifications required of an advanced registered
nurse practitioner in this state. Verification of the applicant's licensure or
certification status shall be required from the original state of licensure
or certification.

      (3) An application to the board for a certificate of qualification, for a
certificate of qualification with temporary permit, for renewal of a certif-
icate of qualification and for reinstatement of a certificate of qualification
shall be upon such form and contain such information as the board may
require and shall be accompanied by a fee, to be established by rules and
regulations adopted by the board, to assist in defraying the expenses in
connection with the issuance of certificates of qualification as advanced
registered nurse practitioners, in an amount fixed by the board under
K.S.A. 65-1118 and amendments thereto.

      (4) An application for initial certification or endorsement will be held
awaiting completion of meeting qualifications for a time period specified
in rules and regulations.

      (5) The executive administrator of the board shall remit all moneys
received pursuant to this section to the state treasurer as provided by
K.S.A. 74-1108 and amendments thereto.

      (b) The board may grant a one-time temporary permit to practice as
an advanced registered nurse practitioner for a period of not more than
180 days pending completion of the application for a certificate of qual-
ification.

      (c) Exempt certificate. The board may issue an exempt certificate to
any advanced registered nurse practitioner as defined in rules and regu-
lations who makes written application for such certificate on a form pro-
vided by the board and, who remits a fee as established pursuant to K.S.A.
65-1118 and amendments thereto. The board may issue an exempt cer-
tificate to a person and who is not regularly engaged in advanced regis-
tered nurse practice in Kansas but is a charitable health care provider as
defined by K.S.A. 75-6102 and amendments thereto but volunteers ad-
vanced registered nursing services or is a charitable health care provider
as defined by K.S.A. 75-6102 and amendments thereto. Each exempt ad-
vanced registered nurse practitioner shall be subject to all provisions of
the nurse practice act. Each exempt license may be renewed biennially
subject to the provisions of this section. To convert an exempt certificate
to an active certificate, the exempt advanced registered nurse practitioner
shall meet all the requirements of subsection (a) or K.S.A. 65-1132 and
amendments thereto. The board shall have authority to write rules and
regulations to carry out the provisions of this section.

      Sec.  4. K.S.A. 1998 Supp. 65-4203 is hereby amended to read as
follows: 65-4203. (a) Qualification. An applicant for a license to practice
as a mental health technician shall:

      (1) Have graduated from a high school accredited by the appropriate
legal accrediting agency or has obtained the equivalent of a high school
education, as determined by the state department of education;

      (2) have satisfactorily completed an approved course of mental health
technology; and

      (3) file with the board a written application for a license.

      (b) A license to perform as a mental health technician may only be
issued by the board to an applicant meeting the qualifications set forth
in subsection (a) and who has successfully passed a written examination
in mental health technology as prescribed and conducted by the board.

      (c) Persons who are unsuccessful in passing the licensure examination
within 24 months after graduation shall be required by the board to sub-
mit and complete a plan of study prior to taking the licensure examination
for a subsequent time.

      (d) An application for initial licensure will be held awaiting comple-
tion of meeting qualifications for a time period specified in rules and
regulations.

      (e) The board may issue a one-time temporary permit to practice as
a mental health technician for a period not to exceed 120 days when a
reinstatement application has been made.

      (f) Exempt license. The board may issue an exempt license to any
licensee as defined in rules and regulations who makes written application
for such license on a form provided by the board and, who remits a fee
as established pursuant to K.S.A. 65-4208 and amendments thereto. The
board may issue an exempt license to a person and who is not regularly
engaged in mental health technician practice in Kansas but is a charitable
health care provider as defined by K.S.A. 75-6102 and amendments
thereto but volunteers mental health technician service or is a charitable
health care provider as defined by K.S.A. 75-6102 and amendments
thereto. Each exempt licensee shall be subject to all provisions of the
mental health technician act, except as otherwise provided in this sub-
section (e). Each exempt license may be renewed biennially subject to
the provisions of this section. The holder of the exempt license shall not
be required to submit evidence of satisfactory completion of a program
of continuing education for renewal. To convert an exempt license to an
active license, the exempt licensee shall meet all the requirements of
subsection (b) or K.S.A. 65-4205 and amendments thereto. The board
shall have authority to write rules and regulations to carry out the pro-
visions of this section.

      (g) The board may adopt rules and regulations as necessary to ad-
minister the mental health technician's licensure act.

      Sec.  5. K.S.A. 1998 Supp. 65-1118 is hereby amended to read as
follows: 65-1118. (a) The board shall collect in advance fees provided for
in this act as fixed by the board, but not exceeding:

      (b) The board may require that fees paid for any examination under
the Kansas nurse practice act be paid directly to the examination service
by the person taking the examination.

      (c) The board shall accept for payment of fees under this section per-
sonal checks, certified checks, cashier's checks, money orders or credit
cards. The board may designate other methods of payment, but shall not
refuse payment in the form of a personal check. The board may impose
additional fees and recover any costs incurred by reason of payments
made by personal checks with insufficient funds and payments made by
credit cards.

      Sec.  6. K.S.A. 1998 Supp. 65-4208 is hereby amended to read as
follows: 65-4208. (a) The board shall collect in advance the fees provided
for in this act, the amount of which shall be fixed by the board by rules
and regulations, but not to exceed:

      (a) (1) Mental health technician programs:

      (b) (2) Mental health technicians:

      (b) The board shall accept for payment of fees under this section per-
sonal checks, certified checks, cashier's checks, money orders or credit
cards. The board may designate other methods of payment, but shall not
refuse payment in the form of a personal check. The board may impose
additional fees and recover any costs incurred by reason of payments
made by personal checks with insufficient funds and payments made by
credit cards.

     Sec.  7. K.S.A. 1998 Supp. 65-1115, 65-1116, 65-1118, 65-1131, 65-
4203 and 65-4208 are hereby repealed.

     Sec.  8. This act shall take effect and be in force from and after its
publication in the Kansas register.

I hereby certify that the above BILL originated in the
SENATE, and passed that body

____________________________________

SENATE concurred in
HOUSE amendments ______________________________

Passed the HOUSE
     as amended ______________________________

APPROVED ______________________________