| Home
> Licensees in Military Service
Licensees in Military Service
Please review the following statutes for information
regarding the validity of licenses, payment of renewal fees, continuing
education requirements, and the period of time allowed for
fulfillment of requirements while in military service.
Or for additional assistance contact KSBN at (785) 296-4929.
Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 34.--LICENSEES IN MILITARY SERVICE
48-3401. Definitions.
As used in K.S.A. 48-3401 through 48-3405 of this act:
(a) "Military service"
means active duty by a licensee in the army, navy, marine corps,
air force, air or army national guard, coast guard or any branch
of the military reserves of the United States.
(b) "License"
means any permit, certificate, authority, privilege or registration
whether temporary or permanent issued, granted or made by the state
of Kansas or any officer, board, department or commission or agency
thereof authorizing a person to engage in or practice an occupation
or profession in this state.
(c) "Licensee"
means a person who had, at the time of commencing a period of military
service, a valid, existing license to engage in or practice an occupation
or profession in this state. "Licensee" also means a person
who, while in military service, obtains a valid license to engage
in or practice an occupation or profession in this state.
History: L. 1991,
ch. 282, § 1; May 2.
Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 34.--LICENSEES IN MILITARY SERVICE
48-3402. Validity
of licenses continued; renewal fees and conditions held in abeyance
during service. (a) The license of a licensee shall continue
to be valid while the licensee is in the military service and for
six months following release therefrom. No licensee shall be required
to pay a renewal fee, submit a renewal application, obtain continuing
education or meet other conditions to maintain a license while such
licensee is in the military service. No license of any licensee
shall expire, lapse or be canceled, revoked or suspended because
of the failure to timely renew such license, including the failure
to meet any conditions prerequisite to renewal, during the period
of military service.
(b) The provisions of
this section are subject to the provisions of K.S.A. 48-3403. To
the extent that the provisions of any other law conflict with this
section, this section shall control.
History: L. 1991,
ch. 282, § 2; May 2.
Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 34.--LICENSEES IN
MILITARY SERVICE
48-3403.
Payment of renewal fee, time; continuing education requirement.
(a) A licensee who desires to engage in or practice an occupation
or profession in this state after release from military service
shall submit, within six months after such release, but not later
than two weeks after engaging in or practicing such occupation
or profession in this state after such release, the renewal fee
required by law for the current license period with a completed
renewal application, and thereupon, the licensee shall be deemed
to have complied with all requirements of law relating to payment
of licensure renewal fees. A licensee who submits the renewal
fee and completed renewal application in accordance with this
section shall not be charged any late payment fees or penalties.
The license of a licensee who fails to renew the license pursuant
to this section may be canceled, revoked or suspended in accordance
with the applicable law.
(b) A licensee
who is required by law to obtain continuing education as a condition
prerequisite to renewal of a license shall be exempt from such
continuing education requirement until completion of the next
full licensure period so long as the licensee submits the renewal
fee and completed renewal application in accordance with subsection
(a).
History: L. 1991,
ch. 282, § 3; L. 2005, ch. 117, § 3; Apr. 21.
Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 34.--LICENSEES IN MILITARY SERVICE
48-3404. Inapplicability
of act in certain cases; license expiration, suspension or revocation
set aside; default in disciplinary action, motion to set aside.
(a) The provisions of K.S.A. 48-3401 through 48-3405 shall not apply
to licensees who during the period of military service engage in
or practice an occupation or profession in this state outside of
the line of duty in the military service.
(b) If the license of
any licensee has expired, lapsed or been suspended or revoked prior
to the effective date of this act solely because of the failure
of such licensee to comply with conditions for renewal while the
licensee was in the military service, such expiration, cancellation,
suspension or revocation is hereby set aside and canceled.
(c) Any licensee held
in default, pursuant to K.S.A. 77-520 and amendments thereto, in
any disciplinary action commenced by the licensing agency, may file
a written motion before the agency within six months of release
from active duty, requesting that such default be set aside. Such
motion shall be granted if the agency finds that military service
prevented the licensee's appearance or participation in the disciplinary
proceeding.
History: L. 1991,
ch. 282, § 4; May 2.
Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 34.--LICENSEES IN MILITARY SERVICE
48-3405. Lapse
in insurance coverage during service, license saved. No license
shall be revoked, suspended or canceled by any licensing board or
agency for failure to maintain professional liability insurance
or for failure to pay the surcharge to the health care stabilization
fund, as required by the health care provider insurance availability
act, if such lapse in coverage occurred during the period of military
service.
History: L. 1991,
ch. 282, § 5; May 2. |
