Session Law

Identifying Information:L. 2001 ch. 161
Other Identifying Information:2001 House Bill 2313
Tax Type:Other
Brief Description:(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.
Keywords:


Body:

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 providers200
Annual fee for continuing nursing education providers75
Approval of single continuing nursing education offerings100
Consultation by request, not to exceed per day on site400

(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, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001