(b) Any person practicing any technical profession in this state, or calling or representing such person as a licensed practitioner of such technical profession, or using the title of a licensed practitioner of such technical profession shall be required to submit evidence that such person is qualified to practice such technical profession and is duly licensed under this act or holds a certificate of authorization issued under K.S.A. 74-7036.
History: L. 1976, ch. 334, § 1; L. 1978, ch. 326, § 1; L. 1980, ch. 244, § 2; July 1.
History: L. 1976, ch. 334, § 3; Repealed, L. 1978, ch. 326, § 28; July 1.
(a) "Technical professions" includes the professions of engineering, land surveying, architecture, landscape architecture and geology as the practice of such professions are defined in this act.
(b) "Board" means the state board of technical professions.
(c) "License" means a license to practice the technical professions granted under this act.
(d) "Architect" means a person whose practice consists of:
(1) Rendering services or performing creative work which requires architectural education, training and experience, including services and work such as consultation, evaluation, planning, providing preliminary studies and designs, overall interior and exterior building design, the preparation of drawings, specifications and related documents, all in connection with the construction or erection of any private or public building, building project or integral part or parts of buildings or of any additions or alterations thereto, or other services and instruments of services related to architecture;
(2) representation in connection with contracts entered into between clients and others; and
(3) observing the construction, alteration and erection of buildings.
(e) "Practice of architecture" means the rendering of or offering to render certain services, as described in subsection (d), in connection with the design and construction or alterations and additions of a building or buildings; the design and construction of items relating to building code requirements, as they pertain to architecture, and other building related features affecting the public's health, safety and welfare; the preparation and certification of any architectural design features that are required on plats; and the teaching of architecture by a licensed architect in a college or university offering an approved architecture curriculum of four years or more.
(f) "Landscape architect" means a person who is professionally qualified as provided in this act to engage in the practice of landscape architecture, who practices landscape architecture and who is licensed by the board.
(g) "Practice of landscape architecture" means the performing of professional services such as consultation, planning, designing or responsible supervision in connection with the development of land areas for preservation and enhancement; the designing of land forms and nonhabitable structures for aesthetic and functional purposes such as pools, walls and structures for outdoor living spaces for public and private use; the preparation and certification of any landscape architectural design features that are required on plats; and the teaching of landscape architecture by a licensed landscape architect in a college or university offering an approved landscape architecture curriculum of four years or more. It encompasses the determination of proper land use as it pertains to: Natural features; ground cover, use, nomenclature and arrangement of plant material adapted to soils and climate; naturalistic and aesthetic values; settings and approaches to structures and other improvements; soil conservation erosion control; drainage and grading; and the development of outdoor space in accordance with ideals of human use and enjoyment.
(h) "Professional engineer" means a person who is qualified to practice engineering by reason of special knowledge and use of the mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience, who is qualified as provided in this act to engage in the practice of engineering and who is licensed by the board.
(i) "Practice of engineering" means any service or creative work, the adequate performance of which requires engineering education, training and experience in the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, the teaching of engineering by a licensed professional engineer in a college or university offering an approved engineering curriculum of four years or more, engineering surveys and studies, the observation of construction for the purpose of assuring compliance with drawings and specifications, representation in connection with contracts entered into between clients and others and the preparation and certification of any engineering design features that are required on plats; any of which embraces such service or work, either public or private, for any utilities, structures, buildings, machines, equipment, processes, work systems, projects and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property. As used in this subsection, "engineering surveys" includes all survey activities required to support the sound conception, planning, design, construction, maintenance and operation of engineered projects, but excludes the surveying of real property for the establishment of land boundaries, rights-of-way, easements and the dependent or independent surveys or resurveys of the public land survey system.
(j) "Land surveyor" means any person who is engaged in the practice of land surveying as provided in this act and who is licensed by the board.
(k) "Practice of land surveying" includes:
(1) The performance of any professional service, the adequate performance of which involves the application of special knowledge and experience in the principles of mathematics, the related physical and applied sciences, the relevant requirements of law and the methods of surveying measurements in measuring and locating of lines, angles, elevation of natural and man-made features in the air, on the surface of the earth, within underground workings and on the bed of bodies of water for the purpose of determining areas, volumes and monumentation of property boundaries;
(2) the preparation of plats of land and subdivisions thereof, including the topography, rights-of-way, easements and any other boundaries that affect rights to or interests in land, but excluding features requiring engineering or architectural design;
(3) the preparation of the original descriptions of real property for the conveyance of or recording thereof and the preparation of maps, plats and field note records that represent these surveys;
(4) the reestablishing of missing government section corners in accordance with government surveys; and
(5) the teaching of land surveying by a licensed land surveyor in a college or university offering an approved land surveying curriculum of four years or more.
(l) "Person" means a natural person, firm, corporation or partnership.
(m) "Plat" means a diagram drawn to scale showing all essential data pertaining to the boundaries and subdivisions of a tract of land, as determined by survey or protraction. A plat should show all data required for a complete and accurate description of the land which it delineates, including the bearings (or azimuths) and lengths of the boundaries of each subdivision.
(n) "Geologist" means a person who is qualified to engage in the practice of geology by reason of knowledge of geology, mathematics and the supporting physical and life sciences, acquired by education and practical experience, who is qualified as provided in this act to engage in the practice of geology and who is licensed by the board.
(o) "Practice of geology" means:
(1) The performing of professional services such as consultation, investigation, evaluation, planning or mapping, or inspection, or the responsible supervision thereof, in connection with the treatment of the earth and its origin and history, in general; the investigation of the earth's constituent rocks, minerals, solids, fluids including surface and underground waters, gases and other materials; and the study of the natural agents, forces and processes which cause changes in the earth;
(2) the teaching of geology by a licensed professional geologist in a college or university offering an approved geology curriculum of four years or more by a person who meets the qualifications for education and experience prescribed by K.S.A. 74-7041 and amendments thereto; or
(3) representation in connection with contracts entered into between clients and others and the preparation and certification of geological information in reports and on maps insofar as it involves safeguarding life, health or property.
History: L. 1976, ch. 334, § 2; L. 1978, ch. 326, § 2; L. 1992, ch. 240, § 3; L. 1995, ch. 104, § 3; L. 1997, ch. 128, § 1; July 1.
History: L. 1976, ch. 334, § 4; L. 1978, ch. 326, § 3; L. 1978, ch. 308, § 69; L. 1981, ch. 299, § 60; L. 1982, ch. 347, § 46; L. 1984, ch. 294, § 1; L. 1995, ch. 104, § 4; July 1.
(1) Four members shall have been engaged in the practice of engineering for at least eight years and shall be licensed engineers. At least one of such members shall be engaged in private practice as an engineer. At least one of such members shall also be licensed as a land surveyor, as well as a licensed engineer.
(2) Two members shall have been engaged in the practice of land surveying for at least eight years and shall be licensed land surveyors.
(3) Three members shall be licensed architects of recognized standing and shall have been engaged in the practice of the profession of architecture for at least eight years, which practice shall include responsible charge of architectural work as principal.
(4) One member shall be a licensed landscape architect and shall have been engaged in the practice of landscape architecture for at least eight years, which practice shall include responsible charge of landscape architectural work as principal.
(5) One member shall be engaged in the practice of geology, shall have been engaged in the practice of geology for at least eight years and, on and after July 1, 2000, shall be a licensed geologist.
(6) Two members shall be from the general public of this state.
(b) Each member of the board shall be a citizen of the United States and a resident of this state.
(c) The amendments to this section shall not be applicable to any member of the board who was appointed to the board and qualified for such appointment under this section prior to the effective date of this act.
History: L. 1976, ch. 334, § 5; L. 1976, ch. 337, § 1; L. 1978, ch. 326, § 4; L. 1992, ch. 240, § 4; L. 1997, ch. 128, § 2; July 1.
(b) The terms of members appointed to the board shall commence on the July 1 immediately following the day of expiration of the preceding term, regardless of when the appointment is made, and shall expire on June 30 of the fourth year of the member's term.
(c) Each member shall serve until a successor is appointed and qualified. Whenever a vacancy shall occur in the membership of the board for any reason other than the expiration of a member's term of office, the governor shall appoint a successor of like qualifications to fill the unexpired term.
(d) The governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any other sufficient cause.
History: L. 1976, ch. 334, § 6; L. 1992, ch. 240, § 5; L. 1997, ch. 128, § 3; July 1.
History: L. 1976, ch. 334, § 7; L. 1995, ch. 104, § 5; July 1.
(b) Members of the state board of technical professions attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto.
(c) The board may employ clerical personnel and other assistants all of whom shall be in the classified service under the Kansas civil service act and may make and enter into contracts of employment with such professional personnel as may be necessary, in the board's judgment, for the performance of its duties and functions and the execution of its powers.
History: L. 1976, ch. 334, § 8; L. 1976, ch. 337, § 2; L. 1992, ch. 240, § 6; L. 1997, ch. 158, § 11; July 1.
(1) For an original license, issued upon the basis of an examination given by the board, an application fee in the sum of not more than $200 plus an amount, to be determined by the board, equal to the cost of any examination required by the board in each branch of the technical professions;
(2) for a license by reciprocity under K.S.A. 74-7024, and amendments thereto, an application fee of not more than $500;
(3) for a certificate of authorization for a corporation, the sum of not more than $300;
(4) for the biennial renewal of a license, the sum of not more than $200; and
(5) for the biennial renewal of a certificate of authorization for a corporation, the sum of not more than $300.
(b) On or before November 15, each year, the board shall determine the amount necessary to administer the provisions of this act for the ensuing calendar year including the amount to be credited to the state general fund, and shall fix the fees for such year at the sum deemed necessary for such purposes.
(c) The board shall remit all moneys received by or for it from fees, charges or penalties 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. Twenty percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the technical professions fee fund, which fund is hereby created. 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 chairperson of the board or by a person or persons designated by the chairperson.
History: L. 1976, ch. 334, § 9; L. 1978, ch. 326, § 5; L. 1980, ch. 244, § 3; L. 1992, ch. 240, § 7; L. 1997, ch. 158, § 12; L. 2001, ch. 5, § 333; July 1.
History: L. 1976, ch. 334, § 10; L. 1978, ch. 326, § 6; L. 1978, ch. 327, § 1; L. 1978, ch. 347, § 17; L. 1980, ch. 245, § 1; L. 1980, ch. 244, § 4; L. 1992, ch. 240, § 8; L. 2001, ch. 5, § 334; July 1.
History: L. 1976, ch. 334, § 11; L. 1976, ch. 337, § 3; Repealed, L. 1992, ch. 240, § 31; Jan. 1, 1993.
History: L. 1976, ch. 334, § 12; Repealed, L. 1992, ch. 240, § 31; Jan. 1, 1993.
(b) The board, through rules and regulations, may adopt, enforce, and audit mandatory continuing education as a condition for license renewal or reinstatement for each of the technical professions as determined by the board.
It is the responsibility of the member or members of the board who hold a license to practice the profession for which an applicant seeks to be licensed, to provide and have graded any examination required by this act to be taken by such applicant.
History: L. 1976, ch. 334, § 13; L. 1976, ch. 337, § 4; L. 1978, ch. 326, § 7; L. 1995, ch. 104, § 1; L. 1997, ch. 128, § 4; July 1.
History: L. 1976, ch. 334, § 14; Repealed, L. 1992, ch. 240, § 31; Jan. 1, 1993.
History: L. 1976, ch. 334, § 38; Repealed, L. 1978, ch. 326, § 28; July 1.
(b) The records of the board shall be prima facie evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the secretary of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced.
History: L. 1978, ch. 326, § 8; L. 1992, ch. 240, § 9; Jan. 1, 1993.
History: L. 1978, ch. 326, § 9; L. 1992, ch. 240, § 10; Jan. 1, 1993.
History: L. 1978, ch. 326, § 14; L. 1992, ch. 240, § 11; Jan. 1, 1993.
(a) Graduation from a college or university program that is adequate in its preparation of students for the practice of architecture; and
(b) proof of architectural experience of a character satisfactory to the board, as defined by rules and regulations of the board; and
(c) the satisfactory passage of an examination utilized by the board.
History: L. 1978, ch. 326, § 10; L. 1992, ch. 240, § 12; Jan. 1, 1993.
(a) (1) Graduation from a four-year college or university program that is adequate in its preparation of students for the practice of landscape architecture and a minimum of four years of experience in landscape architectural work of a character satisfactory to the board, as defined by rules and regulations of the board; or
(2) graduation from a five-year college or university program that is adequate in its preparation of students for the practice of landscape architecture and a minimum of three years of experience in landscape architectural work of a character satisfactory to the board, as defined by rules and regulations of the board; and
(b) the satisfactory passage of an examination utilized by the board.
History: L. 1978, ch. 326, § 11; L. 1992, ch. 240, § 13; Jan. 1, 1993.
(a) Graduation from a college or university program that is adequate in its preparation of students for the practice of engineering; and
(b) the satisfactory passage of such written examination in the fundamentals of engineering as utilized by the board; and
(c) proof of four years of engineering experience of a character satisfactory to the board, as defined by rules and regulations of the board; and
(d) the satisfactory passage of such examination in professional practice as utilized by the board.
History: L. 1978, ch. 326, § 12; L. 1992, ch. 240, § 14; Jan. 1, 1993.
(a) Proof of at least eight years of land surveying experience or education or a combination thereof satisfactory to the board, as defined by rules and regulations of the board; and
(b) the satisfactory passage of an examination utilized by the board.
History: L. 1978, ch. 326, § 13; L. 1986, ch. 303, § 2; L. 1988, ch. 307, § 2; L. 1992, ch. 240, § 15; Jan. 1, 1993.
(b) Each licensee shall purchase a seal of a distinctive design authorized by the board, bearing the licensee's name and number and a uniform inscription formulated by the board. Documents, reports, legal descriptions, records and papers signed by the licensee in the licensee's professional capacity shall be stamped with the seal during the duration of the license, but it shall be unlawful for anyone to stamp any document with the seal after the license has expired or has been revoked, unless the license has been renewed or reissued. No person shall tamper with or revise the seal without express written approval by the board.
(c) Any Kansas practitioner of a technical profession licensed hereunder may stamp any documents submitted to such practitioner by any practitioner of a technical profession licensed in another state upon assuming full responsibility for furnishing complete and adequate observation of the work covered by the documents to which the Kansas practitioner has affixed the seal.
History: L. 1978, ch. 326, § 15; L. 1992, ch. 240, § 16; Jan. 1, 1993.
History: L. 1978, ch. 326, § 16; L. 1997, ch. 158, § 13; July 1.
(b) As a condition for obtaining license renewal, the board may require proof of compliance with continuing education requirements established by rules and regulations.
(c) The failure on the part of any licensee or holder of a certificate of authorization to effect renewal or reinstatement of a license or certificate of authorization as required above shall result in the cancellation of the license or certificate of authorization by the board.
(d) Any person whose license or certificate of authorization has been cancelled pursuant to subsection (c) may have the license or certificate of authorization reinstated by the board for good cause shown and upon payment of a penalty determined by the board in an amount of not more than $100.
(e) A new license or certificate of authorization, to replace any lost, destroyed or mutilated license, may be issued, subject to rules and regulations of the board, and a charge of $20 shall be made for such issuance.
History: L. 1978, ch. 326, § 17; L. 1980, ch. 244, § 5; L. 1992, ch. 240, § 17; L. 1995, ch. 104, § 2; July 1.
(1) The practice of any fraud or deceit in obtaining a license or certificate of authorization issued under K.S.A. 74-7036 and amendments thereto;
(2) any gross negligence, incompetency, misconduct or wanton disregard for the rights of others in the practice of any technical profession;
(3) a conviction of a felony as set forth in the criminal statutes of the state of Kansas, of any other state or of the United States;
(4) violation of any rules of professional conduct adopted and promulgated by the board or violation of rules and regulations adopted by the board for the purpose of carrying out the provisions of this act; or
(5) affixing or permitting to be affixed such licensee's seal or name to any documents, reports, records or papers which were not prepared by such licensee or prepared under the direct supervision and control of such licensee, except as provided in K.S.A. 74-7023 and amendments thereto.
(b) The board shall have the power to reprimand or otherwise discipline, suspend or revoke the certificate of authorization of any corporation whose officers or directors have committed any act or have been guilty of any conduct which would authorize the board to reprimand or otherwise discipline, suspend or revoke the license of a person under this section.
(c) The board, for reasons it may deem sufficient, may reissue a license or certificate of authorization to any person whose license or certificate of authorization has been revoked and may remove the suspension of the license or certificate of authorization of any person whose license or certificate of authorization has been suspended providing seven or more members of the board vote in favor of such reissuance or removal of suspension. A new license or certificate of authorization, to replace any revoked or suspended license or certificate of authorization, may be issued, subject to rules and regulations of the board, and a charge of $100 shall be made for the issuance of such license or $150 for the issuance of a certificate of authorization.
(d) Any action of the board pursuant to this section shall be subject to the provisions of the Kansas administrative procedure act.
History: L. 1978, ch. 326, § 18; L. 1980, ch. 244, § 6; L. 1984, ch. 313, § 139; L. 1992, ch. 240, § 18; L. 1995, ch. 104, § 6; July 1.
History: L. 1978, ch. 326, § 19; L. 1980, ch. 244, § 7; L. 1984, ch. 313, § 140; July 1, 1985.
History: L. 1978, ch. 326, § 20; L. 1980, ch. 244, § 8; L. 1984, ch. 313, § 141; July 1, 1985.
(b) For the purposes of subsection (a)(1), a person shall be construed to practice or offer to practice or hold the person's self out as entitled to practice a technical profession if such person: (1) Practices any branch of the technical professions; (2) by verbal claim, sign, advertisement, letterhead, card or in any other way represents the person's self to be an architect, landscape architect, professional engineer or land surveyor; (3) through the use of some other title implies that such person is an architect, landscape architect, professional engineer or land surveyor or that such person is licensed to practice a technical profession; or (4) holds the person's self out as able to perform, or does perform, any service or work or any other service designated by the practitioner which is recognized as within the scope of the practice of a technical profession.
(c) The attorney general of the state or the district or county attorney of any county, at the request of the board, shall render such legal assistance as may be necessary in carrying out the provisions of this act. Upon the request of the board, the attorney general or district or county attorney of the proper county shall institute in the name of the state or board the proper proceedings against any person regarding whom a complaint has been made charging such person with the violation of any of the provisions of this act. The attorney general, and such district or county attorney, at the request of the attorney general or of the board, shall appear and prosecute any and all such actions.
History: L. 1978, ch. 326, § 21; L. 1980, ch. 244, § 9; L. 1992, ch. 240, § 19; Jan. 1, 1993.
History: L. 1978, ch. 326, § 22; L. 1984, ch. 313, § 142; July 1, 1985.
(a) The practice of any person engaging in the publication of books or pamphlets illustrating architectural designs.
(b) Persons preparing plans, drawings or specifications for one and two family dwellings or for agricultural buildings.
(c) Persons furnishing, individually or with subcontractors, labor and materials, with or without plans, drawings, specifications, instruments of service, or other data concerning the labor and materials to be used for any of the following as long as the utilization of the uniform building code or life safety code, as currently adopted by the division of architectural services of the state of Kansas, is not required:
(1) Store fronts or facades, interior alterations or additions, fixtures, cabinet work, furniture, appliances or other equipment;
(2) work necessary to provide for installation of any item designated in subsection (c)(1);
(3) alterations or additions to a building necessary to or attendant upon installation of any item designated in subsection (c)(1), if the alteration or addition does not change or affect the structural system of the building, which structural system includes, but is not limited to, foundations, walls, floors, roofs, footings, bearing partitions, beams, columns or joists.
(d) Work involving matters of rates, rating and loss prevention by employees of insurance rating organizations and insurance service organizations and insurance companies and agencies.
(e) The performance of services by a licensed landscape architect or corporation issued a certificate of authorization to provide services in landscape architecture under K.S.A. 74-7036 and amendments thereto in connection with landscape and site planning for the sites, approaches or environment for buildings, structures or facilities.
(f) For the purposes of this section:
(1) "Building" means any structure consisting of foundation, floors, walls, columns, girders, beams and roof, or a combination of any number of these parts, with or without other parts and appurtenances thereto, including the structural, mechanical and electrical systems utility services, and other facilities as may be required for the structure.
(2) "Agricultural building" means any structure designed and constructed to house hay, grain, poultry, livestock or other horticultural products and for farm storage of farming implements. Such structure shall not be a place for human habitation or a place of employment where agricultural products are processed, treated or packaged; nor shall it be a building or structure for use by the public.
History: L. 1978, ch. 326, § 23; L. 1980, ch. 244, § 10; L. 1992, ch. 240, § 20; Jan. 1, 1993.
(a) The right of any individual to engage in the occupation of growing and marketing nursery stock or to use the title nurseryman, landscape nurseryman or gardener, or to prohibit any individual to plan or plant such individual's own property.
(b) The right of nurserymen to engage in preparing and executing planting plans.
(c) The practice of site development planning, in accordance with the practice of architecture, or the practice of engineering.
History: L. 1978, ch. 326, § 24; L. 1980, ch. 244, § 11; L. 1992, ch. 240, § 21; Jan. 1, 1993.
(a) Except as provided by subsection (b), the design or erection of any structure or work by a person who owns the structure or work, upon such person's own premises for such person's own use if the structure or work is not to be used for human habitation, is not to serve as a place of employment, and is not to be open to the public for any purpose whatsoever.
(b) Persons designing or erecting or preparing plans, drawings or specifications for one or two family dwellings or for agricultural buildings, as defined by K.S.A. 74-7031 and amendments thereto.
(c) Persons engaged in planning, drafting and designing of products manufactured for resale to the public.
(d) The performance of services by a licensed landscape architect in connection with landscape and site planning for the sites, approaches or environment for buildings, structures or facilities.
History: L. 1978, ch. 326, § 25; L. 1980, ch. 244, § 12; L. 1992, ch. 240, § 22; L. 1999, ch. 135, § 1; July 1.
(a) Surveying, other than land surveying where such surveying is incidental to the design or construction of engineering or architectural works.
(b) The practice of land surveying by an individual of such individual's own real property or that of such individual's employer for purposes other than the conveyance of an interest in such real property.
(c) The surveying on farms for agricultural purposes other than the conveyance of an interest in such farm property.
(d) The performance of services by a licensed landscape architect or by a corporation issued a certificate of authorization to provide services in landscape architecture under K.S.A. 74-7036 and amendments thereto in connection with landscape and site planning for the sites, approaches or environment for buildings, structures or facilities.
History: L. 1978, ch. 326, § 26; L. 1980, ch. 244, § 13; L. 1986, ch. 303, § 1; L. 1992, ch. 240, § 23; Jan. 1, 1993.
(a) The work of an employee or a subordinate of a person holding a license under this act, if such work does not include final designs or decisions, responsible charge of design or supervision and is done under the direct responsibility and supervision of a person practicing lawfully a technical profession;
(b) the practice of persons who are not residents of and have not established a place of business in this state, who are acting as consulting associates of persons licensed under the provisions of this act and who are legally qualified for such professional service in such persons' own state or country;
(c) the practice of any person who is exclusively and regularly employed by one employer only, the employer not being an engineering, architectural or land surveying firm, and the employer not being primarily engaged in the business of conveying an interest in real property, in an employer-employee relationship, in making surveys of land and determinations of physical property rights in connection only with the affairs of such employer or its subsidiaries and affiliates and for the uses, purposes and benefit of such employer, subsidiaries and affiliates, only;
(d) a plumbing contractor, master plumber or journeyman plumber licensed under the provisions of K.S.A. 12-1508 et seq., and amendments thereto, while performing the work such plumber is authorized to perform pursuant to such license; or
(e) an electrical contractor, master electrician, journeyman electrician or residential electrician licensed under the provisions of K.S.A. 12-1525 et seq., and amendments thereto, while performing the work such electrician is authorized to perform pursuant to such license.
(f) For purposes of this act, public officers and employees who, within the scope of their employment and in the discharge of their public duties, provide information pertinent to or review the sufficiency of technical submissions, or who inspect property or buildings for compliance with requirements safeguarding life, health or property, are not engaged in the practice of the technical professions.
History: L. 1978, ch. 326, § 27; L. 1992, ch. 240, § 24; L. 1997, ch. 158, § 14; L. 1999, ch. 135, § 2; July 1.
(b) A corporation may apply to the board of technical professions for a certificate of authorization, upon a form prescribed and furnished by the board, listing the names and addresses of all officers and members of the board of the corporation and also of an individual or individuals licensed to practice a branch of the technical professions who will be responsible for the practice of such branch of the technical professions in this state through such corporation, and such other information as may be required by the board of technical professions. The application for a certificate of authorization shall be accompanied by an application fee fixed by the board under K.S.A. 74-7009 and amendments thereto. The biennial renewal fee fixed by the board under K.S.A. 74-7009 and amendments thereto shall be accompanied by the same form providing current information. In the event of a change of any officer of such corporation or a change of any member of the board, such change shall be designated on such form and filed with the board within 30 days after the effective date of such change.
(c) If the board of technical professions finds that such corporation is in compliance with all of the requirements of this section, the board shall issue a certificate of authorization to such corporation designating the branch or branches of the technical professions for which such corporation is authorized to provide services. A corporation to which a certificate of authorization has been issued is hereby authorized to provide services in the branch or branches of the technical professions for which such corporation is authorized to provide services under such certificate of authorization.
(d) No corporation issued a certificate of authorization under this section shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its compliance with the provisions of this section, nor shall any individual practicing a branch of the technical professions be relieved of responsibility and liability for services performed by reason of employment or relationship with such corporation. The requirements of this section shall not affect a corporation and its employees in performing services included within the term "technical professions" solely for the benefit of such corporation or subsidiary or affiliated corporations. Nothing in this section shall exempt any corporation from the provisions of any other law applicable thereto.
History: L. 1980, ch. 244, § 1; L. 1992, ch. 240, § 25; Jan. 1, 1993.
History: L. 1988, ch. 307, § 3; July 1.
History: L. 1992, ch. 240, § 26; Jan. 1, 1993.
(b) In determining the amount of penalty to be assessed pursuant to this section, the board may consider the following factors among others: (1) Willfulness of the violation; (2) repetitions of the violation; and (3) magnitude of the risk of harm caused by the violation.
History: L. 1992, ch. 240, § 27; L. 2001, ch. 5, § 335; July 1.
History: L. 1992, ch. 240, § 28; Jan. 1, 1993.
(a) Graduation from a course of study in geology, or from a program which is of four or more years' duration and which includes at least 30 semester or 45 quarter hours of credit with a major in geology or a geology specialty, that is adequate in its preparation of students for the practice of geology;
(b) proof of at least four years of experience in geology of a character satisfactory to the board, as defined by rules and regulations of the board; and
(c) the satisfactory passage of such examinations in the fundamentals of geology and in geologic practice as utilized by the board.
History: L. 1997, ch. 128, § 5; July 1.
(a) The practice of geology by any person before July 1, 2000.
(b) The practice of geology which is exclusively in the exploration for and development of energy resources and economic minerals and which does not affect the public health, safety and welfare, as determined by the board.
(c) The acquisition of engineering data, geologic data for engineering purposes and the utilization of such data by licensed professional engineers.
(d) Performance of work customarily performed by graduate physical or natural scientists.
(e) The teaching of geology in a college or university offering an approved geology curriculum.
History: L. 1997, ch. 128, § 6; July 1.
(1) Experience consisting of a minimum of four years of professional practice in geology in Kansas or a specialty thereof, of a character acceptable to the board; and
(2) (A) graduated from an accredited institution of higher education with a bachelor of science or bachelor of arts or higher degree, with a major in geology; or
(B) graduated from an accredited institution of higher education in a four-year academic degree program other than geology, but with 30 semester hours or 45 quarter hours of credit in geology.
(b) A person who meets the qualifications of subsection (a), in the discretion of the board, may be required to take and pass an examination as required by this act if the person is not engaged in the practice of geology on July 1, 1999, and has not engaged in the practice of geology for at least four of the eight years immediately preceding July 1, 1999.
History: L. 1997, ch. 128, § 7; July 1.
(b) The committee shall develop policies and procedures, review continuing education requirements, establish recommendations relative to NAFTA, establish and review recommended examinations, recommend fees, establish experience criteria and any other recommendations concerning the licensure of geologists. Such report shall include recommendations for legislation, if necessary, and proposed rules and regulations.
(c) On or before July 1, 1998, the committee shall prepare and present to the executive committee of the board a preliminary draft of recommendations developed pursuant to subsection (b). The executive committee shall review and comment on the preliminary draft of recommendations.
(d) On or before October 1, 1998, the geologist licensure committee shall present to the board a final report of its recommendations developed pursuant to subsection (b).
History: L. 1997, ch. 128, § 8; July 1.
(b) On or before July 1, 2000, the board shall begin to issue licenses to engage in the practice of geology to applicants therefor if such applicants comply with the requirements of the provisions of this act and any rules and regulations adopted pursuant thereto by the board.
History: L. 1997, ch. 128, § 9; July 1.
(b) While conducting surveys, the licensed surveyor and such surveyor's authorized agents and employees shall carry proper identification as to such surveyor's licensure or employment and shall display such identification to anyone upon request.
(c) Neither the landowner nor the person in possession shall be liable for any injury or damage sustained by a licensed surveyor or such surveyor's authorized agents and employees entering upon such land, water or premises under the provisions of this section, except when such damages and injury were willfully or deliberately caused by the landowner or person in possession.
(d) Nothing in this section shall be construed to:
(1) Remove civil liability for actual damage to such lands, waters, premises, crops or personal property;
(2) give the licensed surveyor or such surveyor's authorized agents and employees the authority to enter any building or structure used as a residence or for storage; and
(3) remove civil or criminal liability for intentional acts of injury or for damages to the surveyor or authorized agents and employees.
History: L. 2004, ch. 129, § 1; July 1.