An  Act concerning the fitting and dispensing of hearing aids; amending K.S.A. 74-5810
and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:

 Section  1. K.S.A. 74-5810 is hereby amended to read as follows: 74-
5810. (a) This act shall not apply to:

 (1) A person while he such person is engaged in the practice of fitting
hearing aids if his such person's practice is part of the academic curric-
ulum of an accredited institution of higher education or part of a program
conducted by a public, charitable institution or nonprofit organization,
which is primarily supported by voluntary contributions: Provided, This
so long as such organization does not sell hearing aids or accessories
thereto; or

 (2) a licensed audiologist employed by a publicly funded school dis-
trict, a special education cooperative or an education service center while
serving preschool through high school age students so long as such or-
ganization does not sell hearing aids or accessories thereto and such per-
son performing the fitting in this section does not specifically charge the
person fitted a fee for such services.

 (b) If a person exempt from this act pursuant to subsection (a) is a
licensee of another state agency and a complaint is filed against such
person with such agency regarding conduct covered by this act, such
agency shall consult with the Kansas board of examiners in fitting and
dispensing of hearing aids regarding such complaint.

 (c) This act shall not be construed to prevent or limit any person who
is a practitioner of the healing arts licensed by the state board of healing
arts in treatment of any kind or in fitting hearing aids to the human ear.

 Sec.  2. K.S.A. 74-5810 is hereby repealed.

 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 10, 2003.