Text of KS SB 55 (2021)
Creating the fairness in women's sports act to require that female student athletic teams only include members who are biologically female.
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As introduced
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Session of 2021
SENATE BILL No. 55
By Committee on Education
1-21
AN ACT concerning the healing arts; relating to healing arts schools;
professional services performed thereby; authorization thereof;
amending K.S.A. 2020 Supp. 17-2707, 17-7668 and 65-2877a and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2020 Supp. 17-2707 is hereby amended to read as
follows: 17-2707. As used in this act, unless the context clearly indicates
that a different meaning is intended:
(a) "Professional corporation" means a corporation organized under
this act.
(b) "Professional service" means the type of personal service
rendered by a person duly licensed, registered or certified by this state as a
member of any of the following professions, each paragraph constituting
one type:
(1) A certified public accountant;
(2) an architect;
(3) an attorney-at-law;
(4) a chiropractor;
(5) a dentist;
(6) an engineer;
(7) an optometrist;
(8) an osteopathic physician or surgeon;
(9) a physician, surgeon or doctor of medicine;
(10) a veterinarian;
(11) a podiatrist;
(12) a pharmacist;
(13) a land surveyor;
(14) a licensed psychologist;
(15) a specialist in clinical social work;
(16) a licensed physical therapist;
(17) a landscape architect;
(18) a registered professional nurse;
(19) a real estate broker or salesperson;
(20) a clinical professional counselor;
(21) a geologist;
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(22) a clinical psychotherapist;
(23) a clinical marriage and family therapist;
(24) a licensed physician assistant;
(25) a licensed occupational therapist;
(26) a licensed audiologist;
(27) a licensed speech-pathologist; and
(28) a licensed naturopathic doctor.
(c) "Regulating board" means the court, board or state agency which
that is charged with the licensing, registering or certifying and regulation
of the practice of the profession which that the professional corporation is
organized to render.
(d) "Qualified person" means:
(1) Any natural person licensed, registered or certified to practice the
same type of profession which that any professional corporation is
authorized to practice;
(2) the trustee of a trust which that is a qualified trust under
subsection (a) of section 401(a) of the federal internal revenue code, as in
effect on January 1, 2004, or of a contribution plan which that is a
qualified employee stock ownership plan under subsection (a) of section
409A(a) of the federal internal revenue code, as in effect on January 1,
2004; or
(3) the trustee of a revocable living trust established by a natural
person who is licensed, registered or certified to practice the type of
profession which that any professional corporation is authorized to
practice, if the terms of such trust provide that such natural person is the
principal beneficiary and sole trustee of such trust and such trust does not
continue to hold title to professional corporation stock following such
natural person's death for more than a reasonable period of time necessary
to dispose of such stock; or
(4) a healing arts school clinic authorized to perform professional
services in accordance with K.S.A. 65-2877a, and amendments thereto.
Sec. 2. K.S.A. 2020 Supp. 17-7668 is hereby amended to read as
follows: 17-7668. (a) Unless otherwise specifically prohibited by law, a
limited liability company may carry on any lawful business, purpose or
activity, whether or not for profit with the exception of the business of
granting policies of insurance, or assuming insurance risks or banking as
defined in K.S.A. 9-702, and amendments thereto.
(b) A limited liability company shall possess and may exercise all the
powers and privileges granted by this act or by any other law or by its
operating agreement, together with any powers incidental thereto,
including such powers and privileges as are necessary or convenient to the
conduct, promotion or attainment of the business, purposes or activities of
the limited liability company.
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(c) A limited liability company organized and existing under the
Kansas revised limited liability company act or otherwise qualified to do
business in Kansas may have and exercise all powers which that may be
exercised by a Kansas professional association or professional corporation
under the professional corporation law of Kansas, including employment
of professionals to practice a profession, which shall be limited to the
practice of one profession, except as provided in K.S.A. 17-2710, and
amendments thereto.
(d) Only a qualified person may be a member of a limited liability
company organized to exercise powers of a professional association or
professional corporation. No membership may be transferred to another
person until there is presented to such limited liability company a
certificate by the licensing body, as defined in K.S.A. 74-146, and
amendments thereto, stating that the person to whom the transfer is made
or the membership issued is duly licensed to render the same type of
professional services as that for which the limited liability company was
organized.
(e) As used in the section, "qualified person" means:
(1) Any natural person licensed to practice the same type of
profession which that any professional association or professional
corporation is authorized to practice;
(2) the trustee of a trust which that is a qualified trust under
subsection (a) of section 401(a) of the federal internal revenue code of
1986, as in effect, on July 1, 1999, or of a contribution plan which that is a
qualified employee stock ownership plan under subsection (a) of section
409A(a) of the federal internal revenue code of 1986, as in effect, on July
1, 1999;
(3) the trustee of a revocable living trust established by a natural
person who is licensed to practice the type of profession which that any
professional association or professional corporation is authorized to
practice, if the terms of such trust provide that such natural person is the
principal beneficiary and sole trustee of such trust and such trust does not
continue to hold title to membership in the limited liability company
following such natural person's death for more than a reasonable period of
time necessary to dispose of such membership;
(4) a Kansas professional corporation or foreign professional
corporation in which at least one member or shareholder is authorized by a
licensing body, as defined in K.S.A. 74-146, and amendments thereto, to
render in this state a professional service permitted by the articles of
organization; or
(5) a general partnership or limited liability company, if all partners
or members thereof are authorized to render the professional services
permitted by the articles of organization of the limited liability company
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formed pursuant to this section and in which at least one partner or
member is authorized by a licensing authority of this state to render in this
state the professional services permitted by the articles of organization of
the limited liability company; or
(6) a healing arts school clinic authorized to perform professional
services in accordance with K.S.A. 65-2877a, and amendments thereto.
(f) Nothing in this act shall restrict or limit in any manner the
authority and duty of any licensing body, as defined in K.S.A. 74-146, and
amendments thereto, for the licensing of individual persons rendering a
professional service or the practice of the profession which that is within
the jurisdiction of the licensing body, notwithstanding that the person is an
officer, manager, member or employee of a limited liability company
organized to exercise powers of a professional association or professional
corporation. Each licensing body may adopt rules and regulations
governing the practice of each profession as are necessary to enforce and
comply with this act and the law applicable to each profession.
(g) A licensing body, as defined in K.S.A. 74-146, and amendments
thereto, the attorney general or district or county attorney may bring an
action in the name of the state of Kansas in quo warranto or injunction
against a limited liability company engaging in the practice of a profession
without complying with the provisions of this act.
(h) Notwithstanding any provision of this act to the contrary, without
limiting the general powers enumerated in subsection (b), a limited
liability company shall, subject to such standards and restrictions, if any,
as are set forth in its operating agreement, have the power and authority to
make contracts of guaranty and suretyship and enter into interest rate,
basis, currency, hedge or other swap agreements or cap, floor, put, call,
option, exchange or collar agreements, derivative agreements, or other
agreements similar to any of the foregoing.
(i) Unless otherwise provided in an operating agreement, a limited
liability company has the power and authority to grant, hold or exercise a
power of attorney, including an irrevocable power of attorney.
Sec. 3. K.S.A. 2020 Supp. 65-2877a is hereby amended to read as
follows: 65-2877a. No provision of law prohibiting practice of the healing
arts by a general corporation business organization shall apply to a healing
arts school clinic under the supervision of a person licensed to practice the
same branch of the healing arts if such healing arts school is:
(a) Approved by the board if the healing arts school is;
(b) a non-profit entity under section 501(c)(3) of the internal revenue
code of 1986, is; and
(c) approved by the state board of regents, and as part of its academic
requirements provides clinical training to its students under the supervision
of persons who are licensed to practice a branch of the healing arts in this
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state or exempt from such approval under K.S.A. 74-32,164, and
amendments thereto.
Sec. 4. K.S.A. 2020 Supp. 17-2707, 17-7668 and 65-2877a are
hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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