AGO 2002-9.

• Case Date: February 01, 2002
• Court: Kansas

Kansas Attorney General Opinions 2002. AGO 2002-9. February 1, 2002ATTORNEY GENERAL OPINION No. 2002-9Stan Peterson, Arch., ChairpersonKansas Board of Technical Professions900 S.W. Jackson Street, Suite 507Topeka, Kansas 66612-1257 Re: State Boards, Commissions and Authorities--State Board of Technical Professions--Geologists; Qualifications for Licensure; Title, Use of Synopsis: Use of the title "geologist" signifies a state-sanctioned professional who is licensed to practice geology. It is currently not unlawful for a geologist licensed in Kansas to use the titles "licensed geologist," "registered geologist," or "professional geologist" unless the Kansas Board of Technical Professions makes a finding that the use of these titles is misleading and adopts a regulation to prohibit use of such titles. The use of the titles in question involves commercial speech that is protected by the First Amendment. Thus, if use of the titles is found by the Board to be misleading, any restriction on the use of the titles will be subject to constitutional scrutiny requiring that the state justify the need for such regulation by showing how it is reasonably related to preventing the public from being deceived and misled. Any regulation that either prohibits or limits constitutionally protected commercial speech is subject to greater constitutional scrutiny than a regulation that merely requires additional disclosure be added to the commercial speech. In other words, the state has less of a burden to show the need for the regulation if the regulation does not prohibit or limit but instead requires that those using the titles add additional disclosures. This analysis also would apply to use of similar titles in other technical professions. Cited herein: K.S.A. 74-7001; K.S.A. 2001 Supp. 74-7003; 74-7005; U.S. Const., 1st Amend.* * * Dear Mr. Peterson: You inquire whether it is unlawful for an individual who is licensed to practice geology in our State to use the titles "licensed geologist," "registered geologist," or "professional geologist." Use of the title "geologist" is considered protected in Kansas because the practice of unlicensed geology has been made unlawful.(fn1) However, use of a title, whether in a commercial or social setting, constitutes commercial speech,(fn2) so at issue is whether the First Amendment(fn3) protections...