CHAPTER 75 HOUSE BILL No. 2214 An  Act concerning the Kansas board of examiners in fitting and dispensing of hearing aids;
amending K.S.A. 74-5810a and K.S.A. 1998 Supp. 74-5811, 74-5818 and 74-5824 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 74-5810a is hereby amended to read as follows: 74-
5810a. (a) The Kansas board of examiners in fitting and dispensing of
hearing aids is hereby authorized to adopt rules and regulations fixing the
amount of fees for the following items and to charge and collect the
amounts so fixed subject to the following limitations:

License application--not more than	$50 $150
Temporary license--not more than	25 $150
Temporary license renewal--not more than	100 $150
Certificate of registration or endorsement--not more than	50 $150
Certificate of registration or endorsement renewal--not more than	50 $150
Certificate of registration or endorsement late renewal--not more than	100 $200
Certificate of registration or endorsement extended late renewal--not more than	200 $300
Examination (written)--not more than	$50
Examination (practical, each section)--not more than	$35
State licensure verification--not more than	$25
Replacement of certificate or license--not more than	$25
Change of sponsor--not more than	$25
Insufficient funds--not more than	$35

      (b) Whenever the board shall determine that the total amount of
revenue derived from the fees collected pursuant to this section is insuf-
ficient to carry out the purposes for which such fees are collected, the
board may amend such rules and regulations to increase the amount of
the fee, except that the amount of the fee for any item shall not exceed
the maximum amount authorized by this section. Whenever the amount
of fees collected pursuant to this section provides revenue in excess of
the amount necessary to carry out the purposes for which such fees are
collected, it shall be the duty of the board to decrease the amount of the
fee for one or more of the items listed in this subsection by amending
the rules and regulations which fix such fees.

      (c) Until the effective date of any rules and regulations adopted by
the board in accordance with the provisions of subsection (b) which fix
the amount of the fee for any item specified in subsection (a), the board
shall charge a fee for such item in an amount equal to the maximum
amount authorized for such item by subsection (a). Fees charged by the
board on the day preceding the effective date of this act shall continue in
effect until rules and regulations are adopted by the board fixing a dif-
ferent amount. Fees authorized to be charged for any item specified in
subsection (a) for the first time under this act shall not be charged until
the amount of such fee is fixed by the board by rules and regulations.

      (d) Fees paid under this section are not refundable.

      Sec.  2. K.S.A. 1998 Supp. 74-5811 is hereby amended to read as
follows: 74-5811. An applicant for a license shall pay the license appli-
cation fee provided for in K.S.A. 74-5810a and amendments thereto and
shall show to the satisfaction of the board that such applicant:

      (a) Is a resident of this state;

      (b) is 18 21 years of age or older; and

      (c) (b) has an education equivalent to a four-year course in an ac-
credited high school or has continuously engaged in the practice of fitting
and dispensing hearing aids during the three years preceding the effective
date of this act; and

      (d) is free of contagious or infectious disease.

      Sec.  3. K.S.A. 1998 Supp. 74-5818 is hereby amended to read as
follows: 74-5818. Any person registered licensed under this act may have
his the license or certificate denied, revoked or suspended for a fixed
period to be determined by the board for any of the following causes:

      (a) His Conviction of a felony. The record of conviction, or a certified
copy thereof certified by the clerk of the court or by the judge in whose
court the conviction is had, shall be conclusive evidence of such convic-
tion.

      (b) When his certificate the license has been secured by fraud or
deceit practiced upon the board.

      (c) For unethical conduct.

      (d) Practicing while knowingly suffering from a contagious or infec-
tious disease.

      (e) Advertising professional superiority.

      (f) (e) Practicing the fitting of hearing aids under a false or alias name.

      (g) (f) Failure to actively practice the art of fitting and dispensing of
hearing aids for a period of three (3) consecutive years consecutive.

      (h) (g) For any cause for which the board might refuse to admit a
candidate to examinations.

      (i) (h) For violation of any of the provisions of this act.

      Sec.  4. K.S.A. 1998 Supp. 74-5824 is hereby amended to read as
follows: 74-5824. Any person who shall violate violates any of the provi-
sions of this act shall be deemed guilty of a class C misdemeanor and
upon conviction shall be fined not less than fifty dollars ($50), nor more
than two hundred dollars ($200), or be imprisoned in the county jail not
less than ten (10) days nor more than thirty (30) days, or both, for the
first offense, and a class B misdemeanor for the second or subsequent
offense shall be fined not less than two hundred dollars ($200), nor more
than five hundred dollars ($500) or by imprisonment in the county jail
not less than three (3) months, nor more than one year, or both.

      Sec.  5. K.S.A. 74-5810a and K.S.A. 1998 Supp. 74-5811, 74-5818 and
74-5824 are hereby repealed.

      Sec.  6. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 7, 1999.
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