CHAPTER 161 HOUSE BILL No. 2313 (Amends Chapter 5) An  Act concerning the board of nursing; amending K.S.A. 2000 Supp. 65-1115, 65-1116,
65-1118a, 65-1119, 65-1122, 65-1133, 65-1136, 65-1152, 65-1153, 65-1163, 65-4203 and
74-1106, as amended by section 301 of 2001 Senate Bill No. 15, and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 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 have graduated from an accredited
approved school of professional nursing in the United States or its terri-
tories 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. The board shall issue a license to an applicant
to practice as a registered professional nurse who has:

      (A) Met the qualifications set forth in subsections (a) and (b);

      (B) passed a written examination as prescribed by the board; and

      (C) no disqualifying factors under K.S.A. 65-1120 and amendments
thereto.

      (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. Licensure examination 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 subse-
quent time within 24 months of graduation. (A) Persons who do not take
the licensure examination within 24 months after graduation shall petition
the board for permission prior to taking the licensure examination. The
board may require the applicant to submit and complete a plan of study
prior to taking the licensure examination.

      (B) 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 prior to taking the licensure exami-
nation a subsequent time. The study plan shall contain subjects related to
deficiencies identified on the failed examination profiles.

      (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, who remits a fee as
established pursuant to K.S.A. 65-1118 and amendments thereto and who
is not regularly engaged in the practice of professional nursing in Kansas
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. 2000 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 have graduated from an accredited
approved 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 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 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. The board shall issue a license to an applicant to
practice as a practical nurse who has:

      (A) Met the qualifications set forth in subsections (a) and (b);

      (B) passed a written examination as prescribed by the board; and

      (C) no disqualifying factors under K.S.A. 65-1120 and amendments
thereto.

      (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. Licensure examination 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 sub-
sequent time. within 24 months of graduation. (A) Persons who do not
take the licensure examination within 24 months after graduation shall
petition the board for permission prior to taking the licensure examina-
tion. The board may require the applicant to submit and complete a plan
of study prior to taking the licensure examination.

      (B) 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 prior to taking the licensure exami-
nation a subsequent time. The study plan shall contain subjects related to
deficiencies identified on the failed examination profiles.

      (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, who remits a fee as
established pursuant to K.S.A. 65-1118 and amendments thereto and who
is not regularly engaged in the practice of practical nursing in Kansas 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 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 satis-
factory completion of a program of continuing nursing education for re-
newal. 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. 2000 Supp. 65-1118a is hereby amended to read as
follows: 65-1118a. (a) The board shall collect fees provided for in this act
as fixed by the board, but not exceeding:

Application for accreditation approval-- schools and programs of nursing	$1,000
Annual fee of accreditation approval-- schools and programs of nursing	400
Application for approval of continuing education providers	200
Annual fee for continuing nursing education providers	75
Approval of single continuing nursing education offerings	100
Consultation by request, not to exceed per day on site	400

      (b) In addition to the above prescribed fees, consultants' travel ex-
penses shall be charged to the person, firm, corporation or institution
requesting consultation services to be provided by the board.

      Sec.  4. K.S.A. 2000 Supp. 65-1119 is hereby amended to read as
follows: 65-1119. (a) Application for accreditation approval. An accred-
ited approved school of nursing is one which has been approved as such
by the board as meeting the standards of this act, and the rules and
regulations of the board. An institution desiring to conduct an accredited
approved school of professional or practical nursing shall apply to the
board for accreditation approval and submit satisfactory proof that it is
prepared to and will maintain the standards and basic professional nursing
curriculum or the required curriculum for practical nursing, as the case
may be, as prescribed by this act and by the rules and regulations of the
board. Applications shall be made in writing on forms supplied by the
board and shall be submitted to the board together with the application
fee fixed by the board. The accreditation approval of a school of nursing
shall expire five not exceed 10 years after the granting of such accredita-
tion approval by the board. An institution desiring to continue to conduct
an accredited approved school of professional or practical nursing shall
apply to the board for the renewal of accreditation approval and submit
satisfactory proof that it will maintain the standards and basic professional
nursing curriculum or the required curriculum for practical nursing, as
the case may be, as prescribed by this act and by the rules and regulations
of the board. Applications for renewal of accreditation approval shall be
made in writing on forms supplied by the board. Each school of nursing
shall submit annually to the board an annual fee fixed by the board by
rules and regulations to maintain the accreditation approval status.

      (b) Schools for professional nurses. To qualify as an accredited ap-
proved school for professional nurses, the school must be conducted in
the state of Kansas, and shall apply to the board and submit evidence
that: (1) It is prepared to carry out the professional curriculum as pre-
scribed in the rules and regulations of the board; and (2) it is prepared
to meet such other standards as shall be established by this law and the
rules and regulations of the board.

      (c) Schools for practical nurses. To qualify as an accredited approved
school for practical nurses, the school must be conducted in the state of
Kansas, and shall apply to the board and submit evidence that: (1) It is
prepared to carry out the curriculum as prescribed in the rules and reg-
ulations of the board; and (2) it is prepared to meet such other standards
as shall be established by this law and the rules and regulations of the
board.

      (d) Survey. The board shall prepare and maintain a list of accredited
approved schools for both professional and practical nurses whose grad-
uates, if they have the other necessary qualifications provided in this act,
shall be eligible to apply for a license as a registered professional nurse
or as a licensed practical nurse. A survey of the institution or institutions
and of the schools applying for accreditation approval shall be made by
an authorized employee of the board or members of the board, who shall
submit a written report of the survey to the board. If, in the opinion of
the board, the requirements as prescribed by the board in its rules and
regulations for an accredited approved school for professional nurses or
for practical nurses are met, it shall so approve and accredit the school
as either a school for professional nurses or practical nurses, as the case
may be. From time to time, as deemed necessary by the board, it shall
cause to be made a resurvey of accredited schools and written reports of
such resurveys submitted to The board shall resurvey approved schools
on a periodic basis as determined by rules and regulations. If the board
determines that any accredited approved school of nursing is not main-
taining the standards required by this act and by rules and regulations
prescribed by the board, notice thereof in writing, specifying the failures
of such school, shall be given immediately to the school. A school which
fails to correct such conditions to the satisfaction of the board within a
reasonable time shall be removed from the list of accredited approved
schools of nursing until such time as the school shall comply with the
standards. All accredited approved schools shall maintain accurate and
current records showing in full the theoretical and practical courses given
to each student.

      (e) Providers of continuing nursing education. (1) To qualify as an
approved provider of continuing nursing education offerings, persons,
organizations or institutions proposing to provide such continuing nursing
education offerings shall apply to the board for approval and submit ev-
idence that the applicant is prepared to meet the standards and require-
ments established by the rules and regulations of the board for such con-
tinuing nursing education offerings. Initial applications shall be made in
writing on forms supplied by the board and shall be submitted to the
board together with the application fee fixed by the board.

      (2) A long-term provider means a person, organization or institution
that is responsible for the development, administration and evaluation of
continuing nursing education programs and offerings. Qualification as a
long-term approved provider of continuing nursing education offerings
shall expire five years after the granting of such approval by the board.
An approved long-term provider of continuing nursing education offer-
ings shall submit annually to the board the annual fee established by rules
and regulations, along with an annual report for the previous fiscal year.
Applications for renewal as an approved long-term provider of continuing
nursing education offerings shall be made in writing on forms supplied
by the board.

      (3) Qualification as an approved provider of a single continuing nurs-
ing education offering, which may be offered once or multiple times, shall
expire two years after the granting of such approval by the board. Ap-
proved single continuing nursing education providers shall not be subject
to an annual fee or annual report.

      (4) In accordance with rules and regulations adopted by the board,
the board may approve individual educational offerings for continuing
nursing education which shall not be subject to approval under other
subsections of this section.

      (5) The board shall accept offerings as approved continuing nursing
education presented by: Colleges that are approved by a state or the
national department of education and providers approved by other state
boards of nursing, the national league for nursing, the national federation
of licensed practical nurses, the American nurses credentialing center or
other such national organizations as listed in rules and regulations adopted
by the board.

      (6) An individual designated by a provider of continuing nursing ed-
ucation offerings as an individual responsible for CNE who has held this
position for the provider at least five years immediately prior to January
1, 1997, shall not be required to have a baccalaureate or higher academic
degree in order to be designated by such provider as the individual re-
sponsible for CNE.

      (f) Criteria for evaluating out-of-state schools. For the purpose of
determining whether an applicant for licensure who is a graduate of a
school of professional or practical nursing located outside this state meets
the requirements of item (2) of subsection (a) of K.S.A. 65-1115 and
amendments thereto or the requirements of item (2) of subsection (a) of
K.S.A. 65-1116 and amendments thereto, as appropriate, the board by
rules and regulations shall establish criteria for determining whether a
particular school of professional nursing located outside this state main-
tains standards which are at least equal to schools of professional nursing
which are accredited approved by the board and whether a particular
school of practical nursing located outside this state maintains standards
which are at least equal to schools of practical nursing which are accred-
ited approved by the board. The board may send a questionnaire devel-
oped by the board to any school of professional or practical nursing lo-
cated outside this state for which the board does not have sufficient
information to determine whether the school meets the standards estab-
lished under this subsection (f). The questionnaire providing the neces-
sary information shall be completed and returned to the board in order
for the school to be considered for approval. The board may contract with
investigative agencies, commissions or consultants to assist the board in
obtaining information about schools. In entering such contracts the au-
thority to approve schools shall remain solely with the board.

      (g) The board may accept nationally accredited schools of nursing as
defined in rule and regulation.

      (1) Schools of nursing which have received accreditation from a board
recognized national nursing accreditation agency shall file evidence of
initial accreditation with the board and shall file all reports from the
accrediting agency and any notice of any change in school accreditation
status. The board may grant approval based upon evidence of such ac-
creditation.

      (2) Schools of nursing holding approval based upon national accred-
itation are also responsible for complying with all other requirements as
determined by rules and regulations of the board.

      (3) The board may grant approval to a school of nursing with national
accreditation for a continuing period not to exceed 10 years.

      Sec.  5. K.S.A. 2000 Supp. 65-1122 is hereby amended to read as
follows: 65-1122. It is a violation of law for any person, firm, corporation
or association to:

      (a) Sell or fraudulently obtain or furnish any nursing diploma, license,
record or certificate of qualification or aid or abet therein;

      (b) practice professional nursing, practical nursing or practice as an
advanced registered nurse practitioner, unless duly licensed or certified
to do so;

      (c) use in connection with such person's name any designation im-
plying that such person is a licensed professional nurse, a licensed prac-
tical nurse or an advanced registered nurse practitioner unless duly li-
censed or certified so to practice under the provisions of the Kansas nurse
practice act, and such license or certificate is then in full force;

      (d) practice professional nursing, practical nursing or as an advanced
registered nurse practitioner during the time a license or certificate issued
under the provisions of the Kansas nurse practice act shall have expired
or shall have been suspended or revoked;

      (e) represent that a school for nursing is accredited approved for
educating either professional nurses or practical nurses, unless such
school has been duly accredited approved by the board and such accred-
itation approval is then in full force;

      (f) violate any provisions of the Kansas nurse practice act or rules and
regulations adopted pursuant to that act; or

      (g) represent that a provider of continuing nursing education is ap-
proved by the board for educating either professional nurses or practical
nurses, unless the provider of continuing nursing education has been
approved by the board and the approval is in full force.

      Any person who violates this section is guilty of a class B misdemeanor,
except that, upon conviction of a second or subsequent violation of this
section, such person is guilty of a class A misdemeanor.

      Sec.  6. K.S.A. 2000 Supp. 65-1133 is hereby amended to read as
follows: 65-1133. (a) An accredited approved educational and training
program for advanced registered nurse practitioners is a program con-
ducted in Kansas which has been approved by the board as meeting the
standards and the rules and regulations of the board. An institution de-
siring to conduct an educational and training program for advanced reg-
istered nurse practitioners shall apply to the board for accreditation ap-
proval and submit satisfactory proof that it is prepared to and will
maintain the standards and the required curriculum for advanced regis-
tered nurse practitioners as prescribed by this act and by the rules and
regulations of the board. Applications shall be made in writing on forms
supplied by the board and shall be submitted to the board together with
the application fee fixed by the board. The accreditation approval of an
educational and training program for advanced registered nurse practi-
tioners shall expire two not exceed 10 years after the granting of such
accreditation approval by the board. An institution desiring to continue
to conduct an accredited approved educational and training program for
advanced registered nurse practitioners shall apply to the board for the
renewal of accreditation approval and submit satisfactory proof that it will
maintain the standards and the required curriculum for advanced regis-
tered nurse practitioners as prescribed by this act and by the rules and
regulations of the board. Applications for renewal of accreditation ap-
proval shall be made in writing on forms supplied by the board. Each
program shall submit annually to the board an annual fee fixed by the
board's rules and regulations to maintain the accredited approved status.

      (b) A program to qualify as an accredited approved educational and
training program for advanced registered nurse practitioners must be con-
ducted in the state of Kansas, and the school conducting the program
must apply to the board and submit evidence that: (1) It is prepared to
carry out the curriculum prescribed by rules and regulations of the board;
and (2) it is prepared to meet such other standards as shall be established
by law and the rules and regulations of the board.

      (c) The board shall prepare and maintain a list of programs which
qualify as accredited approved educational and training programs for ad-
vanced registered nurse practitioners whose graduates, if they have the
other necessary qualifications provided in this act, shall be eligible to
apply for certificates of qualification as advanced registered nurse prac-
titioners. A survey of the institution or school applying for accreditation
approval of an educational and training program for advanced registered
nurse practitioners shall be made by an authorized employee of the board
or members of the board, who shall submit a written report of the survey
to the board. If, in the opinion of the board, the requirements as pre-
scribed by the board in its rules and regulations for accreditation approval
are met, it shall so approve and accredit the program. From time to time,
as deemed necessary by the board, it shall cause to be made a resurvey
of accredited programs and written reports of such resurveys submitted
to the board. The board shall resurvey approved programs on a periodic
basis as determined by rules and regulations. If the board determines that
any accredited approved program is not maintaining the standards re-
quired by this act and by rules and regulations prescribed by the board,
notice thereof in writing, specifying the failures of such program, shall be
given. A program which fails to correct such conditions to the satisfaction
of the board within a reasonable time shall be removed from the list of
accredited approved programs until such time as the program shall com-
ply with said such standards. All accredited approved programs shall
maintain accurate and current records showing in full the theoretical and
practical courses given to each student.

      (d) The board may accept nationally accredited advance registered
nurse practitioner programs as defined in rule and regulation:

      (1) Advanced registered nurse practitioner programs which have re-
ceived accreditation from a board recognized national nursing accredi-
tation agency shall file evidence of initial accreditation with the board,
and thereafter shall file all reports from the accreditation agency and any
notice of any change in school accreditation status.

      (2) Advanced registered nurse practitioner programs holding ap-
proval based upon national accreditation are also responsible for comply-
ing with all other requirements as determined by rules and regulations of
the board.

      (3) The board may grant approval to an advanced registered nurse
practitioner program with national accreditation for a continuing period
not to exceed 10 years.

      Sec.  7. K.S.A. 2000 Supp. 65-1136 is hereby amended to read as
follows: 65-1136. (a) As used in this section:

      (1) ``Provider'' means a person who is approved by the board to ad-
minister an examination and to offer an intravenous fluid therapy course
which has been approved by the board.

      (2) ``Person'' means an individual, organization, agency, institution or
other legal entity.

      (3) ``Examination'' means an intravenous fluid therapy competency
examination approved by the board.

      (4) ``Supervision'' means provision of guidance by a qualified nurse
for the accomplishment of a nursing task or activity with initial direction
of the task or activity and periodic inspection of the actual act of accom-
plishing the task or activity.

      (b) A licensed practical nurse may perform a limited scope of intra-
venous fluid therapy under the supervision of a registered professional
nurse.

      (c) A licensed practical nurse may perform an expanded scope of
intravenous fluid therapy under the supervision of a registered profes-
sional nurse, if the licensed practical nurse:

      (1)  Successfully completes an intravenous fluid therapy course given
by a provider and passes an intravenous fluid therapy examination ad-
ministered by a provider; or

      (2) has had one year of clinical experience, has performed intravenous
fluid therapy prior to the effective date of this act July 1, 1995, and has
successfully passed an examination; or

      (3) has successfully completed an intravenous fluid therapy course
not given by an approved provider and has passed an intravenous fluid
therapy examination not administered by an approved a provider or ap-
proved by the board and, upon application to the board for review and
approval of such course and examination, the board has determined that
such course and examination meets or exceeds the standards required
under this act for an approved course and approved examination.; or

      (4) prior to July 1, 2001, qualified under paragraph (3) of this sub-
section (c), as such subsection existed immediately prior to July 1, 2001,
to perform an expanded scope of intravenous fluid therapy.

      (d) The board may adopt rules and regulations:

      (1) Which define the limited and expanded scope of practice of in-
travenous fluid therapy which may be performed by a licensed practical
nurse under the supervision of a registered professional nurse;

      (2) which restricts specific intravenous fluid therapy practices;

      (3) which prescribe standards for an intravenous fluid therapy course
and examination required of an approved a provider;

      (4) which govern provider record requirements;

      (5) which prescribe the procedure to approve, condition, limit and
withdraw approval as a provider; and

      (6) which further implement the provisions of this section.

      (e) An advisory committee of not less than two board members and
five nonboard members shall be established by the board to advise and
assist the board in implementing this section as determined by the board.
The advisory committee shall meet at least annually. Members of the
advisory committee shall receive amounts provided for in subsection (e)
of K.S.A. 75-3223 and amendments thereto for each day of actual at-
tendance at any meeting of the advisory committee or any subcommittee
meeting of the advisory committee authorized by the board.

      (f) On and after July 1, 1995, No licensed practical nurse shall per-
form intravenous fluid therapy unless qualified to perform intravenous
fluid therapy under this section and rules and regulations adopted by the
board.

      (g) Nothing in this section shall be construed to prohibit the perform-
ance of intravenous fluid therapy by a registered professional nurse.

      (h) Nothing in this section shall be construed to prohibit performance
of intravenous fluid therapy by a licensed practical nurse when performed
by delegation of a person licensed to practice medicine and surgery or
dentistry.

      (i) This section shall be part of and supplemental to the Kansas nurse
practice act.

      Sec.  8. K.S.A. 2000 Supp. 65-1152 is hereby amended to read as
follows: 65-1152. (a) In order to obtain authorization from the board of
nursing to practice as a registered nurse anesthetist an individual shall
meet the following requirements:

      (1) Be licensed to practice professional nursing under the Kansas
nurse practice act;

      (2) has successfully completed a course of study in nurse anesthesia
in a school of nurse anesthesia accredited or approved by the board;

      (3) has successfully completed an examination approved by the board
or has been certified by a national organization whose certifying standards
are approved by the board as equal to or greater than the corresponding
standards established under this act for obtaining authorization to practice
as a registered nurse anesthetist; and

      (4) be required to successfully complete a refresher course as defined
in rules and regulations of the board if the individual has not been in
active anesthesia practice for five years preceding the application.

      (b) Accreditation Approval of schools of nurse anesthesia shall be
based on accreditation approval standards specified in K.S.A. 65-1133
and amendments thereto.

      (c) Schools of nurse anesthesia accredited approved by the board
under this section shall offer, a masters level degree program in nurse
anesthesia.

      (d) For the purposes of determining whether an individual meets the
requirements of item (2) of subsection (a), the board by rules and regu-
lations shall establish criteria for determining whether a particular school
of nurse anesthesia maintains standards which are at least equal to schools
of nurse anesthesia which are accredited approved by the board.

      Sec.  9. K.S.A. 2000 Supp. 65-1153 is hereby amended to read as
follows: 65-1153. The board may grant a temporary authorization to prac-
tice nurse anesthesia as a registered nurse anesthetist: (a) For a period of
not more than one year to graduates of a school of nurse anesthesia ac-
credited approved by the board pending results of the initial examination;
or

      (b) for the needed amount of time to complete the clinical portion
of a refresher course; or

      (c) for a period not to exceed 120 days.

      Sec.  10. K.S.A. 2000 Supp. 65-1163 is hereby amended to read as
follows: 65-1163. Nothing in this act shall:

      (a) Prohibit administration of a drug by a duly licensed professional
nurse, licensed practical nurse or other duly authorized person for the
alleviation of pain, including administration of local anesthetics;

      (b) apply to the practice of anesthesia by a person licensed to practice
medicine and surgery, a licensed dentist or a licensed podiatrist;

      (c) prohibit the practice of nurse anesthesia by students enrolled in
approved courses of study in the administration of anesthesia or analgesic
as a part of or incidental to such approved course of study;

      (d) apply to the administration of a pudendal block by a person who
holds a valid certificate of qualification as an advanced registered nurse
practitioner in the category of nurse-midwife;

      (e) apply to the administration by a licensed professional nurse of an
anesthetic, other than general anesthesia, for a dental operation under
the direct supervision of a licensed dentist or for a dental operation under
the direct supervision of a person licensed to practice medicine and sur-
gery;

      (f) prohibit the practice by any registered nurse anesthetist who is
employed by the United States government or in any bureau, division or
agency thereof, while in the discharge of official duties; or

      (g) prohibit a registered professional nurse from administering gen-
eral anesthetic agents to a patient on ventilator maintenance in critical
care units when under the direction of a person licensed to practice med-
icine and surgery or a person licensed to practice dentistry.

      Sec.  11. K.S.A. 2000 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) The board may issue a license to an applicant to perform practice
as a mental health technician may only be issued by the board to an
applicant meeting who has:

      (1) Met the qualifications set forth in subsection (a) and who has
successfully;

      (2) passed a written examination in mental health technology as pre-
scribed and conducted by the board.; and

      (3) no disqualifying factors under K.S.A. 65-4209 and amendments
thereto.

      (c) Licensure examination Persons who are unsuccessful in passing
the licensure examination within 24 months after graduation shall be re-
quired by the board to submit and complete a plan of study prior to taking
the licensure examination for a subsequent time. within 24 months of
graduation. (1) Persons who do not take the licensure examination within
24 months after graduation shall petition the board for permission prior
to taking the licensure examination. The board may require the applicant
to submit and complete a plan of study prior to taking the licensure ex-
amination.

      (2) 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 prior to taking the licensure exami-
nation a subsequent time. The study plan shall contain subjects related to
deficiencies identified on the failed examination profiles.

      (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) Refresher course. Notwithstanding the provisions of subsection
(a), an applicant for a license to practice as a mental health technician
who has not been licensed to practice as a mental health technician for
five years preceding application shall be required to successfully complete
a refresher course as defined by the board in rules and regulations.

      (e) (f) 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) (g) 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, who remits a fee as
established pursuant to K.S.A. 65-4208 and amendments thereto and who
is not regularly engaged in mental health technician practice in Kansas
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 subsection (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 provisions of this section.

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

      Sec.  12. K.S.A. 2000 Supp. 74-1106, as amended by section 301 of
2001 Senate Bill No. 15, is hereby amended to read as follows: 74-1106.
(a) Appointment, term of office. (1) The governor shall appoint a board
consisting of 11 members of which six shall be registered professional
nurses, two shall be licensed practical nurses, one shall be a licensed
mental health technician and two shall be members of the general public,
which shall constitute a board of nursing, with the duties, power and
authority set forth in this act.

      (2) Upon the expiration of the term of any registered professional
nurse, the Kansas state nurses association shall submit to the governor a
list of registered professional nurses containing names of not less than
three times the number of persons to be appointed, and appointments
shall be made after consideration of such list for terms of four years and
until a successor is appointed and qualified.

      (3) On the effective date of this act, the Kansas federation of licensed
practical nurses shall submit to the governor a list of licensed practical
nurses containing names of not less than three times the number of per-
sons to be appointed, and appointments shall be made after consideration
of such list, with the first appointment being for a term of four years and
the second appointment being for a term of two years. Upon the expi-
ration of the term of any licensed practical nurse, a successor of like
qualifications shall be appointed in the same manner as the original ap-
pointment for a term of four years and until a successor is appointed and
qualified.

      (4) Upon the expiration of the term of any mental health technician,
the Kansas association of human services technologies shall submit to the
governor a list of persons licensed as mental health technicians containing
names of not less than three times the number of persons to be appointed,
and appointments shall be made after consideration of such list for terms
of four years and until a successor is appointed and qualified.

      (5) Each member of the general public shall be appointed for a term
of four years and successors shall be appointed for a like term.

      (6) Whenever a vacancy occurs on the board of nursing, it shall be
filled by appointment for the remainder of the unexpired term in the
same manner as the preceding appointment. No person shall serve more
than two consecutive terms as a member of the board of nursing and
appointment for the remainder of an unexpired term shall constitute a
full term of service on such board. With the expiration of terms for the
registered professional nurse from education and one public member in
July, 2003, the next appointments for those two positions will be for only
one year. Thereafter the two positions shall be appointed for terms of
four years.

      (b) Qualifications of members. Each member of the board shall be a
citizen of the United States and a resident of the state of Kansas. Regis-
tered professional nurse members shall possess a license to practice as a
professional nurse in this state with at least five years' experience in nurs-
ing as such and shall be actively engaged in professional nursing in Kansas
at the time of appointment and reappointment. The licensed practical
nurse members shall be licensed to practice practical nursing in the state
with at least five years' experience in practical nursing and shall be actively
engaged in practical nursing in Kansas at the time of appointment and
reappointment. The governor shall appoint successors so that the regis-
tered professional nurse membership of the board shall consist of at least
two members who are engaged in nursing service, at least two members
who are engaged in nursing education and at least one member who is
engaged in practice as an advanced registered nurse practitioner or a
registered nurse anesthetist. The licensed mental health technician mem-
ber shall be licensed to practice as a licensed mental health technician in
the state with at least five years' experience and shall be actively engaged
in the field of mental health technology in Kansas at the time of appoint-
ment and reappointment. The consumer members shall represent the
interests of the general public. Each member of the board shall take and
subscribe the oath prescribed by law for state officers, which oath shall
be filed with the secretary of state.

      (c) Duties and powers. (1) The board shall meet annually at Topeka
during the month of September and shall elect from its members a pres-
ident, vice-president and secretary, each of whom shall hold their re-
spective offices for one year. The board shall employ an executive ad-
ministrator, who shall be a registered professional nurse, who shall not
be a member of the board and who shall be in the unclassified service
under the Kansas civil service act, and shall employ such other employees,
who shall be in the classified service under the Kansas civil service act as
necessary to carry on the work of the board. As necessary, the board shall
be represented by an attorney appointed by the attorney general as pro-
vided by law, whose compensation shall be determined and paid by the
board with the approval of the governor. The board may hold such other
meetings during the year as may be deemed necessary to transact its
business.

      (2) The board may shall adopt rules and regulations not inconsistent
consistent with this act necessary to carry into effect the provisions
thereof, and such rules and regulations may be published and copies
thereof furnished to any person upon application.

      (3) The board shall prescribe curricula and standards for professional
and practical nursing programs and mental health technician programs,
and provide for surveys of such schools and courses at such times as it
may deem necessary. It shall accredit such schools and approve courses
as meet the requirements of the appropriate act and rules and regulations
of the board.

      (4) The board shall examine, license and renew licenses of duly qual-
ified applicants and conduct hearings upon charges for limitation, sus-
pension or revocation of a license or accreditation approval of profes-
sional and practical nursing and mental health technician programs and
may limit, deny, suspend or revoke for proper legal cause, licenses or
accreditation approval of professional and practical nursing and mental
health technician programs, as hereinafter provided. Examination for ap-
plicants for registration shall be given at least twice each year and as many
other times as deemed necessary by the board. The board shall promote
improved means of nursing education and standards of nursing care
through institutes, conferences and other means.

      (5) The board shall have a seal of which the executive administrator
shall be the custodian. The president and the secretary shall have the
power and authority to administer oaths in transacting business of the
board, and the secretary shall keep a record of all proceedings of the
board and a register of professional and practical nurses and mental health
technicians licensed and showing the certificates of registration or licenses
granted or revoked, which register shall be open at all times to public
inspection.

      (6) The board may enter into contracts as may be necessary to carry
out its duties.

      (7) The board is hereby authorized to apply for and to accept grants
and may accept donations, bequests or gifts. The board shall remit all
moneys received by it under this paragraph (7) to the state treasurer in
accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the grants
and gifts fund which is hereby created. All expenditures from such fund
shall be made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved
by the president of the board or a person designated by the president.

      (8) A majority of the board of nursing including two professional
nurse members shall constitute a quorum for the transaction of business.

      (d) Subpoenas. In all investigations and proceedings, the board shall
have the power to issue subpoenas and compel the attendance of wit-
nesses and the production of all relevant and necessary papers, books,
records, documentary evidence and materials. Any person failing or re-
fusing to appear or testify regarding any matter about which such person
may be lawfully questioned or to produce any books, papers, records,
documentary evidence or relevant materials in the matter, after having
been required by order of the board or by a subpoena of the board to do
so, upon application by the board to any district judge in the state, may
be ordered by such judge to comply therewith. Upon failure to comply
with the order of the district judge, the court may compel obedience by
attachment for contempt as in the case of disobedience of a similar order
or subpoena issued by the court. A subpoena may be served upon any
person named therein anywhere within the state with the same fees and
mileage by an officer authorized to serve subpoenas in civil actions in the
same procedure as is prescribed by the code of civil procedure for sub-
poenas issued out of the district courts of this state.

      (e) Compensation and expenses. Members of the board of nursing
attending meetings of such board, or attending a subcommittee meeting
thereof authorized by such board, shall be paid compensation, subsistence
allowances, mileage and other expenses as provided in K.S.A. 75-3223,
and amendments thereto.

 Sec.  13. K.S.A. 2000 Supp. 65-1115, 65-1116, 65-1118a, 65-1119, 65-
1122, 65-1133, 65-1136, 65-1152, 65-1153, 65-1163, 65-4203 and 74-
1106, as amended by section 301 of 2001 Senate Bill No. 15, are hereby
repealed.
 Sec.  14. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 9, 2001.
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