Kansas Administrative Code

Post approval and review. (a) Each licensedembalmer,crematoryoperator,orfuneral director and each organization seeking continuing education credit for prior attendance or participa- tion in a program or activity that has not already 776 BOARD OF MORTUARY ARTS 63-6-4 been approved…

(Authorized by K.S.A. 65-1716; effec- tive May 1, 1988; revoked Nov. 13, 1995.)

Report of licensee. Each licensee shallfilewiththeboardasignedreportofcontinu- ing education credit hours completed and of any time when the licensee was exempted by K.S.A. 65-1702(f) and 65-1716(f) during the continuing education compliance period. The licensee shall file the re…

Inactive status. (a) Disability or illness shall be a sufficient cause for exemption under K.S.A. 65-1702 and 65-1716, and amend- ments thereto. (b) Any licensee who is not engaged in practice in the state of Kansas may be granted a waiver of compliance and obtain a certificate o…

(Authorized by K.S.A. 65-1712, 65- 1723; implementing K.S.A. 65-1702, 65-1716; ef- fective May 1, 1988; revoked June 26, 1989.)

(Authorized by and implementing K.S.A. 65-1702, 65-1716; effective May 1, 1988; revoked June 26, 1989.)

Definitions. (a) “Board” means the Kansas state board of mortuary arts. (b) “Change of ownership” means the transfer of more than 25 percent of the stock or assets of a licensed crematory. (c) “Closed container” means any container in which cremated remains can be placed and clos…

Crematory operator’s initial li- cense; biennial renewal. (a) The initial licen- sure fee for crematory operators shall be charged on a pro rata basis in order to place new licensees according to the expiration dates specified in sub- section (c). (b) Each crematory operator lice…

Continuing education. (a) Each crematory operator shall submit with the license renewal application satisfactory proof of comple- tion of at least two board-approved clock-hours of continuing education related to cremation per bi- ennial licensure period. Each crematory operator …

Crematory operator in charge; crematory operator; recordkeeping. (a) The crematory operator in charge or crematory oper- ator shall furnish to each person who delivers hu- man remains to the crematory a receipt showing the date and time of the delivery, the name of the person fro…

Crematory license; biennial re- newals. (a) Each crematory operator in charge who desires to renew a license shall submit a biennial renewal application to the state board of mortuary arts, accompanied by a fee fixed by the state board of mortuary arts. The application and fee sh…

Responsibility of a crematory op- erator in charge. Each person who owns an in- terest in a Kansas crematory shall employ at all times and for each crematory a crematory opera- tor in charge, who shall be responsible for person- al supervision and charge of the crematory. (Au- th…

Requirements for crematories. (a) Necessary equipment. Each crematory operator in charge shall ensure that each crematory un- der that individual’s supervision maintains on the premises a motorized or mechanical device for processing cremated remains. This and all other equipment…

Licensure applications for cre- matories. (a) Each crematory operator in charge shall submit a completed application for a crema- tory license for each crematory that the individual currently supervises. The application shall be sub- mitted in writing on forms provided by the boa…

Inspection of crematories. (a) Each crematory shall be subject to routine inspections at least once a year by the board or its designee, to determine compliance with the crematory act and the board’s regulations adopted under this act. (b) A crematory may be subject to additional…

Inspection generated by a com- plaint. (a) Each crematory shall be subject to inspection by the board or its designee, to inves- tigate any specific complaint filed with the board. (b) Any inspection generated by a complaint may be authorized by the board or its executive secreta…

Crematory operator’s license; ap- plication requirements. (a) Each person seek- ing licensure as a crematory operator shall meet the requirements of K.S.A. 65-1771, and amend- ments thereto, and shall pay the fee specified in K.A.R. 63-4-1. For purposes of the training, the follo…

(Authorized by K.S.A. 26a-108; effec- tive Jan. 1, 1966; amended Jan. 1, 1967; amend- ed, E-69-14, July 16, 1969; amended Jan. 1, 1970; powers and duties transferred July 1, 1976 to PROFESSIONAL ENGINEERS REGISTERED UNDER THE VOLUNTARY REGISTRATION LAW 64-2-1 and 64-2-2. (Authori…

(Authorized by K.S.A. 26a-108; effec- tive Jan. 1, 1966; amended Jan. 1, 1967; powers and duties transferred July 1, 1976 to agency 66.) 64-3-6 through 64-3-7. (Authorized by K.S.A. 26a-108; effective Jan. 1, 1966; powers and duties transferred July 1, 1976 to agency 66.) 64-3-8 …

(Authorized by K.S.A. 26a-108; effec- tive Jan. 1, 1966; amended Jan. 1, 1970; amended, E-71-27, July 2, 1971; powers and duties trans- ferred July 1, 1976 to agency 66.) 64-4-6 and 64-4-7. (Authorized by K.S.A. 26a-108; effective Jan. 1, 1966; powers and duties transferred July …

(Authorized by K.S.A. 26a-108; effec- tive Jan. 1, 1966; amended Jan. 1, 1967; amended Jan. 1, 1970; powers and duties transferred July 1, 1976 to agency 66.)

(Authorized by K.S.A. 26a-108; effec- tive Jan. 1, 1966; powers and duties transferred July 1, 1976 to agency 66.) Editor’s Note: Effective July 1, 1976, the Board of Engineering Examiners was abolished and its powers and duties transferred to the State Board of Technical Profess…

Practice locations. (a) No licensee shall perform any optometric services at any office or practice location unless the licensee has dis- played at that office or practice location an orig- inal license issued to the licensee by the board. A licensee shall display a separate orig…

Unlawfully maintaining an of- fice. Except as authorized by the Kansas profes- sional corporation act or the Kansas limited liabil- ity company act or through the lawful functioning of a professional partnership or association with other health care providers, an unlicensed perso…

Licensee ownership of fran- chised business of optical dispensing. (a) If a licensee obtains any beneficial interest in a franchise or equivalent relationship to engage in the business of marketing ophthalmic goods or contact lenses, all operations of that franchise or equivalent…

Responsibility. (a) Each licensee shall be responsible for any advertising which is designed to benefit the licensee, directly or indi- rectly, whether or not the licensee authored it or caused it to be published. (b) Each licensee whose name, trade name, assumed name, office add…

Fraudulent advertisement. Ad- vertisements which will be deemed to be fraud- ulent shall include, but are not limited to, those which: (a) use language that is likely to be misunder- stood; (b) contain qualifying statements in small type which are likely to be overlooked by the c…

Associated advertising. Except when practicing as authorized by the Kansas professional corporation act, the Kansas limited liability company act, or through the lawful func- tioning of a professional partnership, or in associ- ation with other health care providers, all signs, a…

Definitions. For the purpose of these rules and regulations the following terms shall have the meanings respectively ascribed to them. (a) “Advertising” means all representations dis- seminated in any manner or by any means, for the purpose of inducing, or which are likely to ind…

Hearings before the board. (a) All hearings and procedures of the board shall be conducted in accordance with the Kansas admin- istrative procedures act, K.S.A. 77-501 et seq. (b) Summary adjudicative proceedings may be used for: (1) a denial of initial licensure; (2) a cease and…

Fees. The following fees shall be col- lected by the board: (a) Initial license examination.........................$150.00 (b) First retaking of license examination.........$ 75.00 (c) The second and each subsequent retaking of license examination...............$ 45.00 (d) Licen…

Notice to board. A licensee shall provide notice to the board in writing within 20 days of the following: (a) the licensee’s conviction of a felony, whether or not related to the practice of optometry; (b) the revocation, suspension or limitation of a licensee’s license to practi…

Professional judgment. (a) No licensee shall allow any unlicensed person to: (1) interfere with the licensee’s professional judgment; or (2) control, directly or indirectly, the licensee’s professional judgment or practice. (b) A licensee shall be deemed to have allowed an unlice…

Qualifications for licensure by ex- amination. In addition to other requirements, to be qualified for licensure by examination, an ap- plicant shall: (a) File a completed application with the secretary-treasurer on a form prescribed by the board; 786 BOARD OF EXAMINERS IN OPTOMET…

(Authorized by K.S.A. 74-1504(a) (6); implementing K.S.A. 1998 Supp. 65-1501, K.S.A. 1998 Supp. 65-1501a, K.S.A. 1998 Supp. 65-1505, K.S.A. 1998 Supp. 65-4915(b), and K.S.A. 65-1525; effective Feb. 28, 1997; amended Nov. 29, 1999; revoked June 5, 2015.)

(Authorized by and implementing K.S.A. 74-1504 and K.S.A. 2003 Supp. 65-1509; effective June 25, 2004; revoked June 5, 2015.) 789 General Provisions 65-6-25

Reinstatement of license. Each applicant who applies for reinstatement of a li- cense more than 12 months after the license was canceled for failure to renew it shall be required to pass the examination given by the board to ap- plicants for licensure or any other competency ex- …

Professional liability insurance. Each person licensed by the board shall, before rendering professional services within the state, obtain and maintain professional liability insur- ance coverage of at least $1,000,000 for each claim. (Authorized by K.S.A. 74-1504; imple- menting…

Application for licensure by examination. (a) An application for licen- sure by examination shall be forwarded to the secretary-treasurer at least 30 days prior to the scheduled examination. The applicant shall sub- mit with the application: (1) the applicant’s academic transcrip…

Examinations. (a) Kansas state ex- aminations to determine the qualifications of an applicant may be oral, in writing or both at the board’s discretion. (b) These examinations shall include: (1) an inquiry into the moral qualifications and general learning of each applicant; (2) …

Approved schools or colleges of optometry. An approved school or college of optometry shall be a school or college that has been determined by the board to at least meet the standard of the University of Missouri-St. Louis school of optometry as they existed on January 1, 1991. (…

(Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1508; effec- tive May 18, 1992; revoked Dec. 3, 2004.)

Continuing education. (a) Each li- censed optometrist shall earn annually 24 hours of documented and approved continuing education during each license renewal period. (b) No more than eight hours of the 24 annu- ally required hours of documented and approved continuing education …

Reciprocal licenses. An applicant for reciprocal licensure shall: (a) file a completed application with the secretary-treasurer on a form prescribed by the board; (b) submit with the application: (1) a certified copy of the current registration or license issued by examination fr…

Reinstatement. (a) Any individual seeking reinstatement of a license revoked by the board shall apply using the form prescribed by the board. (b) Any applicant for license reinstatement shall present evidence satisfactory to the board of full rehabilitation from the offense or co…

Suspension, termination or denial of licensee’s authority to practice when found in contempt of court pursuant to subsection (f) of K.S.A. 20-1204a. (a) (1) Within 30 days after receipt of a court-ordered notice and a copy of the court order finding an individual in con- tempt of…

(Authorized by K.S.A. 1976 Supp. 65-1505; effective Jan. 1, 1966; revoked Feb. 15, 1977.)

(Authorized by K.S.A. 74-1504; implementing K.S.A. 65-1505, as amended by L. 1987, Ch. 235, Sec. 3; effective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; modified, L. 1976, Ch. 270, May 1, 1976; amended May 1, 1988; revoked May 18, 1992.)

(Authorized by K.S.A. 74-1504; implementing K.S.A. 65-1505, as amended by L. 1987, Ch. 235, Sec. 3; effective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; amended May 1, 1988; revoked May 18, 1992.)

(Authorized by K.S.A. 74-1504; ef- fective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; revoked Feb. 15, 1977.)