65-1702. Embalmer's license; biennial renewal; fees; notice; suspension and reinstatement; relicensure; rules and regulations; evidence of continuing education required for license renewal; exempt

65-1702

Chapter 65.--PUBLIC HEALTH
Article 17.--REGULATION OF EMBALMERS AND FUNERAL DIRECTORS; FUNERAL ESTABLISHMENTS

      65-1702.   Embalmer's license; biennial renewal; fees; notice;suspension and reinstatement; relicensure; rules and regulations; evidence ofcontinuing education required for license renewal; exemption.(a) Every licensed embalmer who desires to continue the practice of embalmingshall pay to the secretary of the state board of mortuary arts a renewal fee inthe amount fixed by the board in accordance with the provisions of K.S.A.65-1727 and amendments thereto. The secretary shall mail a notice of the duedate for payment of the renewal fee at least 30 days prior to such date to thelast known address of each licensee.

      (b)   If such licensee shall fail to pay the renewal fee prior to theexpiration date, the licensee shall be automatically suspended and denied theright to practice embalming in this state during such suspension. The board mayreinstate such lapsed licenses upon payment of the fee in arrears and areinstatement fee in the amount equal to the renewal fee, except such lapseshall not be over six months in duration.

      (c)   Any person who fails to reinstate a lapsed license within six monthsafter the lapse of such license may apply for relicensure by making applicationon a form provided by the board. Relicensure shall be granted upon receipt ofproof that the applicant is competent to act as a licensed embalmer, meetscurrent qualifications to act as a licensed embalmer, has satisfied all of therequirements for renewal established by law and has paid the board all backrenewal fees as established by the board by rules and regulations.

      (d)   The expiration date of each license issued or renewed shallbe established by rules and regulations of the board. Subject to the provisionsof this subsection, each license shall be renewable on a biennial basis uponthe filing of a renewal application prior to the expiration date of the licenseand upon payment of the renewal fee established pursuant to K.S.A. 65-1727 andamendments thereto. To provide for a system of biennial renewal of licenses,the state board of mortuary arts may provide by rules and regulations thatlicenses issued or renewed for the first time after the effective date of thisact may expire less than two years from the date of issuance or renewal. Ineach case in which a license is issued or renewed for a period of time lessthan two years, the board shall prorate to the nearest whole month the licenseor renewal fee established pursuant to K.S.A. 65-1727 and amendments thereto.The provisions of this subsection (d) shall not apply to apprenticelicenses or periods of apprenticeship under K.S.A. 65-1701a and amendmentsthereto.

      (e)   Every licensed embalmer who desires to be actively engagedin the practice of embalming in Kansas shall submit with the renewalapplication evidence of satisfactory completion of a program of continuingeducation required by the board. The board by duly adopted rules andregulations shall establish the requirements for such program of continuingeducation as soon as possible after the effective date of this act.

      (f)   Every licensed embalmer who is not actively engaged in thepractice of embalming in the state shall be exempt from the continuingeducation requirements set forth in subsection (e) of this section.If the person becomes engaged in the active practice of embalming, such personshall within the first full year after becoming engaged in active practice meetthe continuing education requirements specified by the board.

      History:   L. 1907, ch. 387, § 6; R.S. 1923, 65-1702; L. 1927,ch. 291, § 2; L. 1935, ch. 233, § 1; L. 1941, ch. 297, § 8; L. 1953,ch. 291, § 1; L. 1964, ch. 27, § 4 (Budget Session); L. 1975, ch. 320,§ 1; L. 1979, ch. 188, § 3;L. 1985, ch. 215, § 4;L. 1991, ch. 190, § 2; July 1.