2006 Kansas Code - 74-7036

      74-7036.   Corporate practice of technical professions; conditions; application for certificate of authorization, contents; application fee; biennial information; corporate changes of officer as board member, reporting; services corporation authorized to provide; application of section. (a) The practice of or offer to practice a technical profession by an individual licensed to practice the technical professions through a corporation as an officer, employee or agent of such corporation is authorized as provided under this section if: (1) One or more of the corporate officers of such corporation is designated as responsible for the activities and decisions relating to the practice of such profession and is licensed to practice such profession by the state board of technical professions and is a regular employee of and active participant in the corporation; (2) all personnel of such corporation who act in its behalf in the practice of such profession are licensed to practice such profession by the state board of technical professions or are persons lawfully practicing under K.S.A. 74-7031 through 74-7035, and amendments thereto, or are exempt from examination for licensure in this state under K.S.A. 74-7024 and amendments thereto; and (3) such corporation has been issued a certificate of authorization by the state board of technical professions.

      (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.