Enacting the massage therapist licensure act to provide for regulation and licensing of massage therapists.

Session of 2025
SENATE BILL No. 253
By Committee on Public Health and Welfare
2-7
AN ACT concerning health professions and practices; enacting the
massage therapist licensure act; providing for regulation and licensing
of massage therapists; powers, duties and functions of the state board of
healing arts; amending K.S.A. 2024 Supp. 22-4714 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. Sections 1 through 17, and amendments thereto, shall
be known and may be cited as the massage therapist licensure act.
New Sec. 2. As used in the massage therapist licensure act:
(a) "Act" means the massage therapist licensure act.
(b) "Board" means the state board of healing arts.
(c) "Compensation" means the payment, loan, advance, donation,
contribution, barter, deposit or gift of money or anything of value.
(d) "Licensed massage therapist" means an individual who meets the
requirements of the massage therapist licensure act and who engages in the
practice of massage therapy.
(e) "Massage school" means a massage therapy educational program
that meets the standards for training and curriculum as set forth by the
state board of regents under the Kansas private and out-of-state
postsecondary educational institution act or comparable legal authority in
another state.
(f) "Massage therapy" and "massage" means a healthcare service
involving the external manipulation or pressure of soft tissue for
therapeutic purposes. It is the application of a system of structured touch,
pressure, movement and holding of the soft tissue of the human body in
which the primary intent is to relieve pain, improve circulation, relieve
stress, increase relaxation and enhance or restore the health and well-being
of the client. The practice of "massage therapy" includes complementary
methods, including the external application of water, heat, cold,
lubrication, salt scrubs, body wraps or other topical preparations and
electromechanical devices that mimic or enhance the actions of humans.
(1) "Massage" or "massage therapy" does not include:
(A) Medical or nursing diagnosis of injury, illness or disease;
(B) therapeutic exercise;
(C) chiropractic diagnosis of injury, illness or disease and treatment
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including chiropractic joint adjustment;
(D) physical therapy joint mobilization or manipulation;
(E) electrical stimulation or application of ultrasound; or
(F) dispensing or issuing prescriptions or pharmaceutical agents.
(2) "Massage" or "massage therapy" includes, but is not limited to:
(A) Development, implementation and modification of a massage
therapy treatment plan that addresses the client's soft tissue manifestations,
needs and concerns including identifying indications, contraindications
and precautions of massage therapy within the scope of the massage
therapist licensure act;
(B) obtaining informed consent regarding the risks and benefits of the
massage therapy treatment plan and application and modification of the
massage therapy treatment plan as needed;
(C) using effective interpersonal communication in the professional
relationship;
(D) utilizing an ethical decision-making process that conforms to the
ethical standards of the profession, as set forth in the massage therapist
licensure act and in rules and regulations adopted by the board;
(E) establishing and maintaining a practice environment that provides
for the client's health, safety and comfort; and
(F) establishing and maintaining client records, professional records
and business records in compliance with standards of professional conduct
as required by rules and regulations adopted by the board.
(g) "Professional massage therapy association" or "bodywork therapy
association" means a state or nationally chartered professional membership
organization that has been recognized by the board as offering services to
massage therapists and that requires that its members adhere to the
organization's established code of ethics and standards of practice.
New Sec. 3. Upon application to the board and the payment of the
required fees, an applicant for a license as a massage therapist may be
licensed as a massage therapist if the applicant meets all the requirements
of the massage therapist licensure act and provides documentation
acceptable to the board that the applicant:
(a) Has obtained a high school diploma or its equivalent;
(b) is 18 years of age or older;
(c) has no other record of disqualifying conduct as defined by the
board;
(d) is a citizen or legal permanent resident of the United States;
(e) has successfully completed a course of instruction approved by
the board consisting of at least 625 in-classroom hours of supervised
instruction, including massage therapy technique and theory,
contraindications, ethics, sanitation, hygiene, business training, anatomy,
physiology and pathology; and
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(f) has successfully passed, including prior to the effective date of the
massage therapist licensure act, a nationally recognized competency
examination in massage therapy that meets acceptable psychometric
principles, is statistically validated through a job-task analysis under
current standards for educational and professional testing and has been
approved by the board.
New Sec. 4. Prior to July 1, 2026, the board shall commence a
grandfathering period for currently practicing massage therapists in the
state of Kansas. The board shall issue a license as a massage therapist to
any individual who meets the requirements of section 3(a)(1), (2), (3) and
(4), amendments thereto, and one of the following requirements verified to
the board by affidavit that the individual has:
(a) Completed at least 625 hours of instruction relating to massage
therapy at a massage school or comparable entity in another state;
(b) completed at least 300 hours of training in massage therapy
during the three years immediately preceding such individual's license
application;
(c) practiced massage therapy for at least three years;
(d) been an active member in good standing of a professional
massage or bodywork therapy association as a massage or bodywork
therapist for a period of at least 12 months; or
(e) passed an examination meeting the requirements of section 3(a)
(5), and amendments thereto, or a nationally recognized certification
examination.
New Sec. 5. (a) The board may issue a license to practice massage
therapy as a licensed massage therapist to an applicant who has been duly
licensed as a massage therapist by examination under the laws of another
state, territory, the District of Columbia or a foreign country if, in the
opinion of the board, the applicant meets the qualifications required for
licensure as a massage therapist in this state. Verification of the applicant's
licensure status shall be required from the original state of licensure.
(b) The board may issue a temporary permit to practice massage
therapy as a licensed massage therapist for a period not to exceed 120
days. A temporary permit may be issued to an applicant for licensure as a
licensed massage therapist who is a graduate of a massage school in a
foreign country after verification of licensure in that foreign country and
approval of educational credentials.
New Sec. 6. (a) Nothing in the massage therapist licensure act shall:
(1) Be construed to restrict any individual licensed or regulated by the
state of Kansas from engaging in the profession or practice for which they
are licensed or regulated, including, but not limited to, acupuncture,
athletic training, barbering, chiropractic, cosmetology, dentistry,
electrology, esthetics, manicuring, medicine, naturopathic medicine,
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nursing, occupational therapy, osteopathy, physical therapy, podiatry,
professional counseling, psychology, social work or veterinary medicine or
any other profession licensed or regulated by the state of Kansas;
(2) prohibit:
(A) The practice of massage therapy by an individual employed by
the government of the United States while the individual is engaged in the
performance of duties prescribed by the laws and regulations of the United
States;
(B) the practice of massage therapy by individuals duly licensed,
registered or certified in another state, territory, the District of Columbia or
a foreign country when incidentally called into this state to teach a course
related to massage therapy or to consult with an individual licensed under
the massage therapist licensure act;
(C) students enrolled in a massage school while completing a clinical
requirement or supervised massage therapy fieldwork experience for
graduation performed under the supervision of an individual licensed
under the massage therapist licensure act, so long as the student does not
hold oneself out as a licensed massage therapist and does not receive
compensation for services performed;
(D) any individual from performing massage therapy services in the
state, if those services are performed without compensation and are
performed in cooperation with a charitable organization or as part of an
emergency response team working in conjunction with disaster relief
officials;
(E) the practice, conduct and activities or services of an individual
who is employed by a non-resident performance team, entertainer or
athletic team to the extent that such services or activities are provided
solely to the team or entertainer in the state for not more than 30 days;
(F) individuals giving massage to members of such person's
immediate or extended family without compensation;
(G) individuals who restrict their manipulation of the soft tissues of
the human body to the hands, feet or ears and do not hold themselves out
to be massage therapists; and
(H) members of any church practicing their religious tenets; or
(3) be construed to prevent or restrict the practice of any individual in
this state who:
(A) Uses touch, words and directed movement to deepen awareness
of existing patterns of movement in the body and to suggest new
possibilities of movement while engaged within the scope of practice of a
profession with established standards and ethics, so long as their services
are not designated or implied to be massage or massage therapy. Such
practices include, but are not limited to: The Feldenkrais method of
somatic education, the Rolf institute's Rolf movement integration, the
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Trager approach to movement education and body-mind centering;
(B) uses touch to affect the energy systems, acupoints or qi meridians
or channels of energy, of the human body while engaged within the scope
of practice of a profession with established standards and ethics, provided
that their services are not designated or implied to be massage or massage
therapy. Such practices include, but are not limited to: Acupressure, Asian
bodywork therapy, jin shin do bodymind acupressure, polarity, polarity
therapy and polarity therapy bodywork, qigong, reiki, shiatsu and tuina; or
(C) uses touch to effect change in the structure of the body while
engaged in the practice of structural integration including, but not limited
to, practitioners of Rolfing structural integration, the Rolf method of
structural integration and Hellerwork.
(b) Practitioners described in paragraph (a)(2) shall be recognized by
or meet the established standards of either a professional organization or
credentialing body that represents or certifies the respective practice based
on a minimal level of training, demonstration of competency and
adherence to ethical standards.
New Sec. 7. (a) An individual licensed under the massage therapist
licensure act as a massage therapist shall:
(1) Use the letters "LMT" to identify themselves to patients or the
public; and
(2) be authorized to use words that indicate that such individual is a
massage therapist licensed under the massage therapist licensure act,
including: "Massage therapist," "massagist," "massotherapist,"
"myotherapist," "body therapist," "massage technician," "massage
practitioner," "masseur," "masseuse" or any derivation thereof.
(b) (1) On and after September 1, 2025, it shall be unlawful for any
individual who is not licensed under the massage therapist licensure act as
a massage therapist or whose license has been suspended, revoked or
lapsed to promote oneself to the public in any manner as a licensed
massage therapist or to engage in the practice of massage therapy.
(2) A violation of this subsection is a class B person misdemeanor.
(3) A violation of this subsection constitutes an unconscionable act or
practice in violation under K.S.A. 50-627, and amendments thereto,
whether or not it involves a consumer, a consumer transaction or a
supplier, as defined in K.S.A. 50-624, and amendments thereto.
Notwithstanding the provisions of K.S.A. 50-634, and amendments
thereto, no private right of action under the Kansas consumer protection
act may be brought alleging a violation of this subsection.
(c) No statute granting authority to persons licensed or registered by
the board shall be construed to confer authority upon a massage therapist
to engage in any activity not conferred by the massage therapist licensure
act.
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New Sec. 8. (a) A massage therapy advisory committee of six
members, consisting of two board members and four non-board members,
shall be established by the board to advise and assist the board in
implementing the massage therapist licensure act as determined by the
board. The advisory committee shall meet at least annually. Members of
the advisory committee shall be paid compensation, subsistence
allowances, mileage and other expenses as provided in K.S.A. 75-3223(e),
and amendments thereto, for each day of actual attendance at any meeting
of the advisory committee or any subcommittee meeting authorized by the
board.
(b) The two board members of the massage therapy advisory
committee shall be appointed by the board. Three of the non-board
members of the massage therapy advisory committee shall be massage
therapists appointed by the board who shall also be United States citizens
and residents of the state. Not more than one member of the board may be
an owner of a massage school. The fourth non-board member shall be
appointed by the Kansas attorney general. The members of the committee
shall be appointed for terms of two years and shall serve at the pleasure of
the board.
New Sec. 9. (a) The board shall biennially charge and collect in
advance fees provided for in the massage therapist licensure act as fixed
by the board by rules and regulations, subject to the following limitations:
Application fee, not more than.................................................................$80
Temporary permit fee, not more than.........................................................25
License renewal fee, not more than............................................................75
License reinstatement fee, not more than...................................................80
Certified copy of license, not more than.................................................... 25
Written verification of license, not more than............................................30
Inactive license fee, not more than.............................................................20
(b) The board may require that fees paid for any examination under
the massage therapist licensure act be paid directly to the examination
service by the individual taking the examination.
(c) The board shall accept personal checks, certified checks, cashier's
checks, money orders or credit cards for payment of fees under this
section. The board may designate other methods of payment but shall not
refuse payment in the form of a personal check. The board may impose
additional fees and recover any costs incurred by reason of payments made
by personal checks with insufficient funds and payments made by credit
cards.
New Sec. 10. (a) All licenses issued under the provisions of the
massage therapist licensure act, whether initial or renewal, shall expire
every two years. The expiration date shall be established by rules and
regulations adopted by the board. The board shall send a notice for
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renewal of license to every massage therapist at least 60 days prior to the
expiration date of such person's license. Every individual so licensed who
desires to renew such license shall file with the board, on or before the
date of expiration of such license, a renewal application with the
prescribed biennial renewal fee. Every licensee who is no longer engaged
in the active practice of massage therapy may so state by affidavit and
submit such affidavit with the renewal application. An inactive license
may be requested along with payment of a fee fixed by rules and
regulations of the board. Except for the first renewal for a license that
expires within 30 months following licensure examination or for renewal
of a license that expires within the first nine months following licensure by
reinstatement or endorsement, every licensee with an active massage
therapy license shall submit with the renewal application evidence of
satisfactory completion of a program of continuing massage therapy
education.
(b) As a condition for renewal of a license, the board shall require
completion of not more than 24 hours biennially of continuing education
approved by the board in rules and regulations. Upon receipt of the
renewal application, payment of fee and evidence of satisfactory
completion of the required program of continuing massage therapy
education and upon a finding that the applicant meets the requirements set
forth by law in effect at the time of initial licensure of the applicant, the
board shall verify the accuracy of the application and grant renewal of the
license.
(c) Continuing education courses shall be offered by providers
approved by the board. The courses shall be completed within the 24
months immediately preceding the date renewal is due. Hours in excess of
the total number required may not be carried over to future renewals. The
continuing education requirements shall not apply to a massage therapist
within the biennium during which the massage therapist is first licensed,
except that such requirements shall apply to licensees every biennium
thereafter.
(d) Any individual who fails to secure a license renewal within the
time specified herein may secure a reinstatement of such lapsed license by
making verified application therefor on a form provided by the board,
furnishing proof that the applicant is competent and qualified to act as a
massage therapist and satisfying all of the requirements for reinstatement,
including payment to the board of a reinstatement fee as established by the
board by rules and regulations. An application for reinstatement of a
license shall be held awaiting completion of documentation as may be
required, except that such application shall not be held for a period of time
in excess of that specified in rules and regulations of the board.
(e) (1) Each licensee shall notify the board in writing of:
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(A) A change in name or address within 30 days of the change; or
(B) a conviction of any felony or misdemeanor that is specified in
rules and regulations adopted by the board within 30 days from the date
the conviction becomes final.
(2) As used in this subsection, "conviction" means:
(A) The entry of a plea or verdict of guilty or a conviction following a
plea of nolo contendere and without regard to whether the sentence was
suspended or probation was granted after such conviction;
(B) a forfeiture of bail, bond or collateral deposited to secure a
defendant's appearance in court if such forfeiture has not been vacated; or
(C) entering into a diversion agreement in lieu of further criminal
proceedings alleging a violation of any offense specified by the board in
rules and regulations.
(f) (1) The board shall require an initial applicant for licensure as a
massage therapist to be fingerprinted and submit to a state and national
criminal history record check, pursuant to K.S.A. 2024 Supp. 22-4714, and
amendments thereto.
(2) The board shall fix a fee for fingerprinting and conducting a state
and national criminal history record check of applicants or licensees as
may be required by the board in an amount necessary to reimburse the
board for the cost. Fees collected under this subsection shall be remitted to
the state treasurer in accordance with K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the healing
arts fee fund.
(3) As used in this subsection, "initial applicant" means an individual
who has submitted an application for licensure as a massage therapist in
this state for the first time.
New Sec. 11. (a) The board may refuse to grant licensure to, or may
suspend, revoke, condition, limit, qualify or restrict the licensure issued
under the massage therapist licensure act of any individual whom the
board, after the opportunity for a hearing, determines:
(1) Is incompetent to practice massage therapy or is found to engage
in the practice of massage therapy in a manner harmful or dangerous to a
client or to the public;
(2) has been convicted by a court of competent jurisdiction of a
felony or a misdemeanor crime against persons, even if not related to the
practice of massage therapy;
(3) is currently listed on a child abuse registry or an adult protective
services registry as the result of a substantiated finding of abuse or neglect
by any state agency, agency of another state or the United States, the
District of Columbia, territory of the United States or another country and
the applicant or licensee has not demonstrated to the board's satisfaction
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that such person has been sufficiently rehabilitated to merit the public
trust;
(4) has violated a provision of the massage therapist licensure act or
one or more of the rules and regulations of the board;
(5) has obtained or attempted to obtain a license or license renewal by
bribery or fraudulent representation;
(6) has knowingly made a false statement on a form required by the
board for license or license renewal;
(7) has failed to obtain continuing education credits required by rules
and regulations of the board;
(8) has been found guilty of unprofessional conduct as defined by
rules and regulations of the board; or
(9) has had a registration, license or certificate as a massage therapist
revoked, suspended or limited, or has had other disciplinary action taken,
or an application for registration, license or certificate denied by the proper
regulatory authority of another state or the United States, the District of
Columbia, territory of the United States or another country, with a certified
copy of the record of the action of the other jurisdiction being conclusive
evidence thereof.
(b) Upon filing of a sworn complaint with the board charging an
individual with having been guilty of any of the unlawful practices
specified in subsection (a), two or more members of the board shall
investigate the charges, or the board may designate and authorize an
employee or employees of the board to conduct an investigation. After
investigation, the board may institute charges. If an investigation, in the
opinion of the board, reveals reasonable grounds for believing the
applicant or licensee is guilty of the charges, the board shall fix a time and
place for proceedings, and such proceedings shall be conducted in
accordance with the provisions of the Kansas administrative procedure act.
(c) No person shall be excused from testifying in any proceedings
before the board under the massage therapist licensure act or in any civil
proceedings under this act before a court of competent jurisdiction on the
ground that such testimony may incriminate the person testifying, except
that such testimony shall not be used against the person for the prosecution
of any crime under the laws of this state excluding the crime of perjury as
defined in K.S.A. 21-5903, and amendments thereto.
(d) If final agency action of the board in a proceeding under this
section is adverse to the applicant or licensee, the costs of the board's
proceedings shall be charged to the applicant or licensee as in ordinary
civil actions in the district court. If the board is the unsuccessful party, the
costs shall be paid by the board. Witness fees and costs may be taxed by
the board according to the statutes relating to procedure in the district
court. All costs accrued by the board, when it is the successful party and
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the attorney general certifies such costs cannot be collected from the
applicant or licensee, shall be paid from the healing arts fee fund. All
moneys collected following board proceedings shall be credited in full to
the healing arts fee fund.
(e) The denial, suspension, revocation or limitation of a license or
public or private censure of a licensee may be ordered by the board after
notice and hearing on the matter in accordance with the provisions of the
Kansas administrative procedure act. The board shall also notify the local
law enforcement agency of a disciplinary action. Upon the end of the
period of not less than two years for the revocation of a license,
application may be made to the board for reinstatement. The board shall
have discretion to accept or reject an application for reinstatement and may
hold a hearing to consider such reinstatement. An application for
reinstatement of a revoked license shall be accompanied by the license
reinstatement fee established under section 9, and amendments thereto.
(f) The board, in addition to any other penalty prescribed in
subsection (a), may assess a civil fine, after proper notice and an
opportunity to be heard, against a licensee for unprofessional conduct in an
amount not to exceed $1,000 for the first violation, $2,000 for the second
violation and $3,000 for the third or subsequent violation. All fines
assessed and collected under this section shall be remitted to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the state general fund.
(g) The board, upon request, shall receive from the Kansas bureau of
investigation such criminal history record information relating to arrests
and criminal convictions as necessary for the purpose of determining
initial and continuing qualifications of licensees and applicants for
licensure by the board.
New Sec. 12. Except as provided in section 10(f)(2) and section 11(f),
and amendments thereto, the board shall remit all moneys received from
fees, charges or penalties under the massage therapist licensure act to the
state treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury, and 10% of
each such remittance shall be credited to the state general fund and the
balance shall be credited to the healing arts fee fund. All expenditures from
such fund shall be made in accordance with appropriation acts upon
warrants of the director of accounts and reports issued pursuant to
vouchers approved by the president of the board or by an individual
designated by the president of the board.
New Sec. 13. A local unit of government shall not establish or
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maintain professional licensing requirements for a massage therapist
licensed under the massage therapist licensure act. Nothing in the massage
therapist licensure act shall affect local zoning requirements. Local
government law enforcement agencies may inspect massage therapy
registrations and the business premises where massage therapy is practiced
for compliance with applicable laws. Nothing in this section shall be
construed to preclude criminal prosecution for a violation of any criminal
law. If such inspection reveals the practice of massage therapy by an
individual without a valid license, the individual may be charged with a
violation of section 6(b), and amendments thereto, and the board shall be
notified.
New Sec. 14. (a) When it appears to the board that any individual is
violating any of the provisions of the massage therapist licensure act, the
board may bring an action in a court of competent jurisdiction for an
injunction against such violation without regard to whether proceedings
have been or may be instituted before the board or whether criminal
proceedings have been or may be instituted.
(b) The provisions of this section shall take effect on and after
September 1, 2026.
New Sec. 15. All state agency adjudicative proceedings under the
massage therapist licensure act shall be conducted in accordance with the
provisions of the Kansas administrative procedure act and shall be
reviewable in accordance with the Kansas judicial review act.
New Sec. 16. Professional liability insurance coverage shall be
maintained in effect by each massage therapist as a condition to rendering
professional service as a massage therapist in this state. An applicant for
initial or renewal licensure shall provide proof to the board that the
applicant currently has professional liability insurance with minimum
coverage of $2,000,000 per claim and $6,000,000 in aggregate.
New Sec. 17. On July 1, 2025, nothing in the massage therapist
licensure act or in the provisions of K.S.A. 40-2,100 through 40-2,105d,
and amendments thereto, shall be construed to require that any individual,
group or blanket policy of accident and sickness, medical or surgical
expense insurance coverage or any provision of a policy, contract, plan or
agreement for medical service issued on or after July 1, 2025, reimburse or
indemnify an individual licensed under the massage therapist licensure act
for services provided as a massage therapist.
Sec. 18. K.S.A. 2024 Supp. 22-4714 is hereby amended to read as
follows: 22-4714. (a) A governmental agency other than a criminal justice
agency as defined in K.S.A. 22-4701, and amendments thereto, identified
in subsection (b) may require a person to be fingerprinted and shall submit
such fingerprints to the Kansas bureau of investigation and the federal
bureau of investigation for a search of the state and federal database.
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SB 253 12
Fingerprints provided pursuant to this section may be used to identify a
person and to determine whether such person has a record of criminal
history in this state or in another jurisdiction. An agency identified in
subsection (b) may use the information obtained from the criminal history
record check for the purposes of verifying the identification of a person
and in the official determination of the qualifications and fitness of such
person to be issued or maintain employment, licensure, registration,
certification or a permit, act as an agent of a licensee, hold ownership of a
licensee or serve as a director or officer of a licensee.
(b) (1) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions, adult expunged records, juvenile
adjudications, juvenile non-adjudications, juvenile diversions and juvenile
expunged records to the Kansas department for children and families or
the Kansas department for aging and disability services for initial or
continuing employment or participation in any program administered for
the placement, safety, protection or treatment of vulnerable children or
adults as described in K.S.A. 75-53,105, and amendments thereto.
(2) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions, adult expunged records and juvenile expunged records to:
(A) The state lottery for candidates for employees as defined in
K.S.A. 74-8702, and amendments thereto, in connection with such
employment as described in K.S.A. 74-8704, and amendments thereto; and
(B) the Kansas racing and gaming commission for candidates for
employees or licensees as defined in K.S.A. 74-8802, and amendments
thereto, in connection with such employment or license as described in
K.S.A. 74-8804, and amendments thereto, including an applicant for a
simulcasting license.
(3) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions, adult expunged records, juvenile adjudications, juvenile
non-adjudications and juvenile diversions to:
(A) The emergency medical services board for applicants as defined
in K.S.A. 65-6129, and amendments thereto, in connection with such
application as described in K.S.A. 65-6129, and amendments thereto;
(B) the attorney general for applicants as defined in K.S.A 75-7c01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7c05, and amendments thereto; and
(C) the department of administration for candidates for sensitive
employees as defined in K.S.A. 75-3707e, and amendments thereto, in
connection with such employment as described in K.S.A. 75-3707e, and
amendments thereto.
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SB 253 13
(4) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions and adult expunged records to:
(A) The supreme court and state board of law examiners for
applicants as defined in K.S.A. 7-127, and amendments thereto, in
connection with such application as described in K.S.A. 7-127, and
amendments thereto;
(B) the state gaming agency for candidates for employees and
licensees as defined in K.S.A. 74-9802, and amendments thereto, in
connection with such employment or license as described in K.S.A. 74-
9805, and amendments thereto;
(C) the attorney general for applicants as defined in K.S.A. 75-7b01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7b04, and amendments thereto;
(D) the attorney general for applicants as defined in K.S.A. 75-7b01,
and amendments thereto, in connection with such application for
certification as described in K.S.A. 75-7b21, and amendments thereto; and
(E) the commission on peace officers' standards and training for
applicants for certification under the Kansas law enforcement training act
as described in K.S.A. 74-5607, and amendments thereto.
(5) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions and juvenile adjudications to:
(A) The athletic commission within the Kansas department of
commerce for a candidate for boxing commission as defined in K.S.A. 74-
50,182, and amendments thereto, in connection with such appointment as
described in K.S.A. 74-50,184, and amendments thereto; and
(B) the secretary of health and environment for employees at a child
care facility as defined in K.S.A. 65-503, and amendments thereto, in
connection with such employment as described in K.S.A. 65-516, and
amendments thereto.
(6) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions and juvenile adjudications
to:
(A) The secretary for aging and disability services for applicants as
defined in K.S.A. 39-970, and amendments thereto, in connection with
such application as described in K.S.A. 39-970, and amendments thereto;
(B) the Kansas department for aging and disability services for
applicants as defined in K.S.A. 39-2009, and amendments thereto, in
connection with such application as described in K.S.A. 39-2009, and
amendments thereto; and
(C) the secretary for aging and disability services for applicants as
defined in K.S.A. 65-5117, and amendments thereto, in connection with
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SB 253 14
such application as described in K.S.A. 65-5117, and amendments thereto.
(7) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions and adult non-convictions
to:
(A) The division of motor vehicles within the department of revenue
for applicants for reinstatement of a license to drive a commercial motor
vehicle as described in K.S.A. 8-2,142, and amendments thereto;
(B) the board of examiners in optometry for applicants or licensees as
defined in K.S.A. 65-1501, and amendments thereto, in connection with
such application or an investigation as described in K.S.A. 65-1505, and
amendments thereto;
(C) the board of pharmacy for fingerprint candidates as defined in
K.S.A. 65-1626, and amendments thereto, in connection with such
application or license as described in K.S.A. 65-1696, and amendments
thereto;
(D) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-2802, and amendments thereto, in connection with
such application or an investigation as described in K.S.A. 65-28,129, and
amendments thereto;
(E) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-2901, and amendments thereto, in connection with
such application or an investigation as described in K.S.A. 65-2924, and
amendments thereto;
(F) the board of nursing for applicants as defined in K.S.A. 74-1112,
and amendments thereto, in connection with such application as described
in K.S.A. 74-1112, and amendments thereto;
(G) the behavioral sciences regulatory board for licensees as defined
in K.S.A. 74-7511, and amendments thereto, in connection with such
application or license as described in K.S.A. 74-7511, and amendments
thereto;
(H) the state lottery for a vendor to whom a major procurement
contract is to be awarded in connection with an investigation as described
in K.S.A. 74-8705, and amendments thereto;
(I) the attorney general for appointees of the governor to positions
subject to confirmation by the senate and judicial appointees as described
in K.S.A. 75-712, and amendments thereto;
(J) appointing authorities as defined in K.S.A. 75-4315d, and
amendments thereto, for nongubernatorial appointees as described in
K.S.A. 75-4315d, and amendments thereto;
(K) the Kansas real estate commission for applicants as defined in
K.S.A. 58-3035, and amendments thereto, or for licensees as defined in
K.S.A. 58-3035, and amendments thereto, in connection with an
investigation as described in K.S.A. 58-3039, and amendments thereto;
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SB 253 15
(L) the insurance commissioner for applicants for licensure as an
insurance agent as defined in K.S.A. 40-4902, and amendments thereto, in
connection with such application as described in K.S.A. 40-4905, and
amendments thereto; and
(M) the insurance commissioner for applicants as defined in K.S.A.
40-5501, and amendments thereto, in connection with such application as
described in K.S.A. 40-5505, and amendments thereto.
(8) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions to:
(A) The department of agriculture for hemp employees as defined in
K.S.A. 2-3901, and amendments thereto, in connection with such
employment as described in K.S.A. 2-3902, and amendments thereto;
(B) the department of agriculture for applicants for licensure as a
hemp producer as defined in K.S.A. 2-3901, and amendments thereto, in
connection with such application as described in K.S.A. 2-3906, and
amendments thereto;
(C) the office of state fire marshal for applicants for registration as a
hemp processor as defined in K.S.A. 2-3901, and amendments thereto, in
connection with such application as described in K.S.A. 2-3907, and
amendments thereto;
(D) the department of agriculture for hemp destruction employees as
defined in K.S.A. 2-3901, and amendments thereto, in connection with
such employment as described in K.S.A. 2-3911, and amendments thereto;
(E) the bank commissioner for any applicant as defined in K.S.A. 9-
508, and amendments thereto, in connection with such application as
described in K.S.A. 9-509, and amendments thereto;
(F) the bank commissioner for an applicant for employment as a new
executive officer or director with a money transmitter company as
described in K.S.A. 9-513e, and amendments thereto;
(G) the bank commissioner for any applicant as defined in K.S.A. 9-
1719, and amendments thereto, in connection with such application as
described in K.S.A. 9-1722, and amendments thereto;
(H) the bank commissioner for an applicant, registrant or licensee as
defined in K.S.A. 9-2201, and amendments thereto, in connection with
such application, registration or license as described in K.S.A. 9-2209, and
amendments thereto;
(I) the state banking board for any officer, director or organizer of a
proposed fiduciary financial institution as defined in K.S.A. 9-2301, and
amendments thereto, in connection with such role as described in K.S.A.
9-2302, and amendments thereto;
(J) municipalities for applicants for merchant or security police as
described in K.S.A. 12-1679, and amendments thereto;
(K) the bank commissioner for applicants as defined in K.S.A. 16a-6-
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SB 253 16
104, and amendments thereto, in connection with such application as
described in K.S.A. 16a-6-104, and amendments thereto;
(L) the state department of credit unions for every candidate as
defined in K.S.A. 17-2234, and amendments thereto, in connection with
such employment as described in K.S.A. 17-2234, and amendments
thereto;
(M) the division of alcoholic beverage control within the department
of revenue for applicants as defined in K.S.A. 41-102, and amendments
thereto, in connection with such application as described in K.S.A. 41-
311b, and amendments thereto;
(N) the division of post audit for employees as defined in K.S.A. 46-
1103, and amendments thereto, in connection with such employment as
described in K.S.A. 46-1103, and amendments thereto;
(O) the bank commissioner for licensees as defined in K.S.A. 50-
1126, and amendments thereto, in connection with such license as
described in K.S.A. 50-1128, and amendments thereto;
(P) the real estate appraisal board for licensees as defined in K.S.A.
58-4102, and amendments thereto, in connection with an application or
investigation as described in K.S.A. 58-4127, and amendments thereto;
(Q) the real estate appraisal board for applicants as defined in K.S.A.
58-4703, and amendments thereto, in connection with such application as
described in K.S.A. 58-4709, and amendments thereto;
(R) the department of health and environment for an employee as
defined in K.S.A. 65-2401, and amendments thereto, in connection with
such employment as described in K.S.A. 65-2402, and amendments
thereto;
(S) the Kansas commission on veterans affairs office for candidates
as defined in K.S.A. 73-1210a, and amendments thereto, in connection
with an application as described in K.S.A. 73-1210a, and amendments
thereto;
(T) a senate standing committee for a member named, appointed or
elected to the public employee retirement systems board of trustee
membership as described in K.S.A. 74-4905, and amendments thereto;
(U) the attorney general for applicants as defined in K.S.A. 75-7e01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7e03, and amendments thereto;
(V) the department of revenue for employees as defined in K.S.A. 75-
5133c, and amendments thereto, in connection with such employment as
described in K.S.A. 75-5133c, and amendments thereto;
(W) the divison of motor vehicles within the department of revenue
for employees as defined in K.S.A. 75-5156, and amendments thereto, in
connection with such employment as described in K.S.A. 75-5156, and
amendments thereto;
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(X) the Kansas commission for the deaf and hard of hearing for
applicants as defined in K.S.A. 75-5397f, and amendments thereto, in
connection with such application as described in K.S.A. 75-5393a, and
amendments thereto;
(Y) the Kansas commission for the deaf and hard of hearing for
employees as defined in K.S.A. 75-5397f, and amendments thereto, in
connection with such employment as described in K.S.A. 75-5393c, and
amendments thereto;
(Z) the department of health and environment for employees as
defined in K.S.A. 75-5609a, and amendments thereto, in connection with
such employment as described in K.S.A. 75-5609a, and amendments
thereto; and
(AA) an executive branch agency head for employees as defined in
K.S.A. 75-7241, and amendments thereto, in connection with such
employment as described in K.S.A. 75-7241, and amendments thereto ;
and
(BB) the state board of healing arts for initial applicants, as defined
in section 10, and amendments thereto, in connection with an application
for licensure as described in this act, and amendments thereto.
(c) State and local law enforcement agencies shall assist with taking
fingerprints of individuals as authorized by this section.
(d) Any board, commission, committee or other public body shall
recess into a closed executive session pursuant to K.S.A. 75-4319, and
amendments thereto, to receive and discuss criminal history record
information obtained pursuant to this section.
(e) The Kansas bureau of investigation may charge a reasonable fee
for conducting a criminal history record check.
(f) (1) Fingerprints and criminal history record information received
pursuant to this section shall be confidential and shall not be subject to the
provisions of the Kansas open records act, K.S.A. 45-215 et seq., and
amendments thereto. The provisions of this paragraph shall expire on July
1, 2029, unless the legislature reviews and reenacts this provision pursuant
to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
(2) Disclosure or use of any information received pursuant to this
section for any purpose other than the purpose described in this section
shall be a class A nonperson misdemeanor and shall constitute grounds for
removal from office.
Sec. 19. K.S.A. 2024 Supp. 22-4714 is hereby repealed.
Sec. 20. This act shall take effect and be in force from and after its
publication in the statute book.
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