State of Kansas Board of Mortuary Arts
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Memorandum regarding licensees called to active duty and related statutes:

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Statutes relating to Article 34. - Licensees In Military Service, include:

48-3401

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.

48-3402

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.

48-3403

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 34.--LICENSEES IN MILITARY SERVICE

      48-3403.   Payment of renewal fee, time; continuing education requirement, period of time for fulfillment. (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; May 2L. 2005, April 21, 2005 (upon publication in the Kansas Register.)

Please note that KSA 48-3403 was amended in Section three (3) of Senate Bill 254 from the 2005 Legislative Session--effective April 21, 2005 (which is when it was published  in the Kansas Register.)  A copy of Senate Bill 254 can be found:  http://www.kslegislature.org/bills/2006/254.pdf


48-3404

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.



48-3405

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.


Last updated: Tuesday, February 13, 2007


State of Kansas Board of Mortuary Arts

700 SW Jackson Street, Suite 904   -  Topeka, Kansas 66603-3733
phone:(785)-296-3980  -  fax:(785)296-0891
 -  email: boma1@ksbma.ks.gov


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