Kansas SB 176: Increasing the membership of the behavioral sciences regulatory board, decreasing the years of practice required for reciprocity licensure of certain professions, extending the license period for temporary licenses, establishing new license categories, providing additional continuing education requirements and requiring that clinical social work supervisors be approved by the board.

Bill Text

Session of 2025
SENATE BILL No. 176
By Committee on Federal and State Affairs
2-4
AN ACT concerning the Kansas indoor clear air act; prohibiting smoking
on the gaming floor of a lottery gaming facility or racetrack gaming
facility; amending the definition of smoking to include the use of an
electronic cigarette and smoking of marijuana; amending K.S.A. 21-
6109 and 21-6110 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-6109 is hereby amended to read as follows: 21-
6109. As used in K.S.A. 21-6109 through 21-6116, and amendments
thereto:
(a) "Access point" means the area within a ten foot radius outside of
any doorway, open window or air intake leading into a building or facility
that is not exempted pursuant to K.S.A. 21-6110(d), and amendments
thereto.
(b) "Bar" means any indoor area that is operated and licensed for the
sale and service of alcoholic beverages, including alcoholic liquor as
defined in K.S.A. 41-102, and amendments thereto, or cereal malt
beverages as defined in K.S.A. 41-2701, and amendments thereto, for on-
premises consumption.
(c) "Electronic cigarette" means the same as defined in the Kansas
cigarette and tobacco products act.
(d) "Employee" means any person who is employed by an employer
in consideration for direct or indirect monetary wages or profit and any
person who volunteers their services for a nonprofit entity.
(d)(e) "Employer" means any person, partnership, corporation,
association or organization, including municipal or nonprofit entities, that
employs one or more individual persons.
(e)(f) "Enclosed area" means all space between a floor and ceiling
that is enclosed on all sides by solid walls, windows or doorways that
extend from the floor to the ceiling, including all space therein screened by
partitions that do not extend to the ceiling or are not solid or similar
structures. For purposes of this section, the following shall not be
considered an "enclosed area": or windows, whether open or closed. A
wall includes any retractable divider, garage door or other physical
barrier, whether temporary or permanent and whether or not containing
openings of any kind
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SB 176 2
(1) Rooms or areas, enclosed by walls, windows or doorways, having
neither a ceiling nor a roof and that are completely open to the elements
and weather at all times; and
(2) rooms or areas, enclosed by walls, fences, windows or doorways
and a roof or ceiling, having openings that are permanently open to the
elements and weather and that comprise an area that is at least 30% of the
total perimeter wall area of such room or area.
(f)(g) "Food service establishment" means any place in which food is
served or is prepared for sale or service on the premises. Such term shall
include, but not be limited to, fixed or mobile restaurants, coffee shops,
cafeterias, short-order cafes, luncheonettes, grills, tea rooms, sandwich
shops, soda fountains, taverns, private clubs, roadside kitchens,
commissaries and any other private, public or nonprofit organization or
institution routinely serving food and any other eating or drinking
establishment or operation where food is served or provided for the public
with or without charge.
(g)(h) "Gaming floor" means the area of a lottery gaming facility or
racetrack gaming facility, as those terms are defined in K.S.A. 74-8702,
and amendments thereto, where patrons engage in Class III gaming. The
gaming floor shall not include any areas used for accounting, maintenance,
surveillance, security, administrative offices, storage, cash or cash
counting, records, food service, lodging or entertainment, except that the
gaming floor may include a bar where alcoholic beverages are served so
long as the bar is located entirely within the area where Class III gaming is
conducted.
(h)(i) "Marijuana" means the same as defined in K.S.A. 65-4101, and
amendments thereto.
(j) "Medical care facility" means a physician's office, general
hospital, special hospital, ambulatory surgery center or recuperation center,
as defined by K.S.A. 65-425, and amendments thereto, and any psychiatric
hospital licensed under K.S.A. 39-2001 et seq., and amendments thereto.
(i)(k) "Outdoor recreational facility" means a hunting, fishing,
shooting or golf club, business or enterprise operated primarily for the
benefit of its owners, members and their guests and not normally open to
the general public.
(j)(l) "Place of employment" means any enclosed area under the
control of a public or private employer, including, but not limited to, work
areas, auditoriums, elevators, private offices, employee lounges and
restrooms, conference and meeting rooms, classrooms, employee
cafeterias, stairwells and hallways, that is used by employees during the
course of employment. For purposes of this section, a private residence
shall not be considered a "place of employment"