reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 51 - Home Health Agencies › 65-5106 Same; written report; list of deficiencies; exit interview; copies of report.

65-5106.
Same; written report; list of deficiencies; exit interview; copies of report.
After completion of each survey inspection, a written report of the findings with respect to compliance or noncompliance with the provisions of this act and the standards established hereunder as well as a list of deficiencies found shall be prepared. The list of deficiencies shall specifically state the statute or rule and regulation which the home health agency is alleged to have violated. A copy of the survey inspection report shall be furnished to the applicant, except that a copy of the preliminary survey inspection report signed jointly by a representative of the home health agency and the inspector shall be left with the applicant when an inspection is completed. This preliminary survey inspection report shall constitute the final record of deficiencies assessed against the home health agency during the inspection, all deficiencies shall be specifically listed and no additional deficiencies based upon the data developed at that time shall be assessed at a later time. An exit interview shall be conducted in conjunction with the joint signing of the preliminary survey inspection report. Upon request, every home health agency shall provide to any person a copy of the most recent survey inspection report and related documents, provided the person requesting such report agrees to pay a reasonable charge to cover copying costs.
History:
L. 1984, ch. 335, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 51 - Home Health Agencies › 65-5107 Complaint against home health agency; investigation and hearing; notice.

65-5107. Complaint against home health agency; investigation and hearing; notice.
Any person may make a complaint against a home health agency licensed under the provisions of this act by making a complaint through the complaint hotline maintained by the Kansas department for aging and disability services stating the details and facts supporting the complaint. If the secretary determines after an investigation that the charges are sufficient to warrant a hearing to determine whether the license of the home health agency should be suspended or revoked, the secretary shall fix a time and place for a hearing and require the home health agency to appear and defend against the complaint in accordance with the provisions of the Kansas administrative procedure act. A copy of the complaint shall be given to the home health agency at the time it is notified of the hearing. The notice of the hearing shall be given at least 20 days prior to the date of the hearing.
History:
L. 1984, ch. 335, § 7; L. 1988, ch. 356, § 217; L. 2017, ch. 17, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 51 - Home Health Agencies › 65-5108 Refusal to issue, suspension or revocation of license; grounds; hearing.

65-5108.
Refusal to issue, suspension or revocation of license; grounds; hearing.
(a) The secretary shall refuse to issue or shall suspend or shall revoke the license of any home health agency for failure to substantially comply with any provision of this act or with any rule and regulation or standard of the secretary adopted under the provisions of this act or for obtaining the license by means of fraud, misrepresentation or concealment of material facts.
(b) Any home health agency which has been refused a license or which has had its license revoked or suspended by the secretary may request a hearing which shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 1984, ch. 335, § 8; L. 1988, ch. 356, § 218; July 1, 1989.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 51 - Home Health Agencies › 65-5109 Rules and regulations; application.

65-5109.
Rules and regulations; application.
(a) The secretary may adopt reasonable rules and regulations necessary to carry out the provisions of this act. The rules and regulations shall be initially adopted within one year of the effective date of this act.
(b) The rules and regulations adopted by the secretary under the provisions of this act shall apply to all health services covered by this act which are rendered to any patient being served by a home health agency regardless of source of payment for the service, patient's condition or place of residence.
History:
L. 1984, ch. 335, § 9; L. 1985, ch. 222, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 51 - Home Health Agencies › 65-5111 Injunction to restrain violations.

65-5111.
Injunction to restrain violations.
The secretary may file an action in the district court for the county in which any home health agency alleged to be violating the provisions of this act resides or may be found for an injunction to restrain the home health agency from continuing the violation.
History:
L. 1984, ch. 335, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 51 - Home Health Agencies › 65-5112 Act not applicable to certain individuals or organizations.

65-5112. Act not applicable to certain individuals or organizations.
The provisions of this act shall not apply to:
(a) Individuals who personally provide one or more home health or attendant care services if such persons are not under the direct control and doing work for or employed by any business entity, except as provided in subsection (f);
(b) any person or organization conducting a home health agency by and for the adherents of any recognized church or religious denomination or sect for the purpose of providing services for the care or treatment of the sick or infirm who depend upon prayer or spiritual means for healing in the practice of the religion of such church, religious denomination or sect;
(c) a hospice which is certified to participate in the medicare program under 42 code of federal regulations, chapter IV, section 418.1 et seq., and amendments thereto, and which provides services only to hospice patients;
(d) a program for all-inclusive care for the elderly (PACE) which is certified to participate in the medicare or medicaid program under 42 code of federal regulations, chapter IV, subchapter E, section 460.2 et seq., and amendments thereto, and which provides services only to PACE participants;
(e) an outpatient physical therapy agency that is certified to participate in the medicare program and that provides services only to outpatient physical therapy patients; or
(f) individuals who personally provide one or more home health or attendant care services if such individuals are employed in accordance with K.S.A. 39-7,100(b)(2) and 65-1124(l), and amendments thereto.
History:
L. 1984, ch. 335, § 12; L. 1989, ch. 191, § 4; L. 1994, ch. 6, § 4; L. 2009, ch. 140, § 1; L. 2017, ch. 17, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 51 - Home Health Agencies › 65-5113 Disposition of moneys.

65-5113.
Disposition of moneys.
All moneys received by the secretary under this act shall be deposited in the state treasury and credited to the state general fund.
History:
L. 1984, ch. 335, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 51 - Home Health Agencies › 65-5114 Violation of act; misdemeanor.

65-5114.
Violation of act; misdemeanor.
Any person who violates any of the provisions of this act is guilty of a class B misdemeanor.
History:
L. 1984, ch. 335, § 14; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 51 - Home Health Agencies › 65-5115 Home health aides; requirements for employment; instruction and examination; examination fee, disposition.

65-5115. Home health aides; requirements for employment; instruction and examination; examination fee, disposition.
(a) The secretary may require, as a condition to continued employment by a home health agency that home health aides, within 90 days of employment, successfully complete an approved course of instruction and take and satisfactorily pass an examination prescribed by the secretary.
(b) A course of instruction for home health aides may be prepared and administered by any home health agency or by any other qualified person. A course of instruction prepared and administered by a home health agency may be conducted on the premises of the home health agency that prepared and will administer the course of instruction. The secretary shall not require home health aides to enroll in any particular approved course of instruction, but the secretary shall prepare guidelines for the preparation and administration of courses of instruction and shall approve or disapprove courses of instruction.
(c) The secretary shall not require that home health aides complete the course of instruction and pass the examination established pursuant to K.S.A. 39-936(c)(5), and amendments thereto, before enrolling in an approved course of instruction authorized by this section. Home health aides may enroll in any approved course of instruction.
(d) The examination required by this section shall be prescribed by the secretary and shall be reasonably related to the duties performed by home health aides. The same examination shall be given by the secretary to all home health aides.
(e) The secretary shall fix, charge and collect an examination fee to cover all or any part of the cost of the examination required by this section. The examination fee shall be fixed by rules and regulations of the secretary. The examination fee shall be deposited in the state treasury and credited to the state general fund.
History:
L. 1984, ch. 335, § 15; L. 1985, ch. 222, § 4; L. 1990, ch. 233, § 3; L. 2017, ch. 17, § 8; L. 2022, ch. 77, § 2; April 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 51 - Home Health Agencies › 65-5116 Unlicensed employees prohibited from prefilling insulin syringes; penalty.

65-5116.
Unlicensed employees prohibited from prefilling insulin syringes; penalty.
(a) As used in this section "home health agency" means a home health agency licensed in accordance with the provisions of K.S.A. 65-5101 through 65-5115 and K.S.A. 75-5614.
(b) No unlicensed person employed by a home health agency, in the course of employment with a home health agency, shall prefill insulin syringes for any patient served by the home health agency.
(c) Any person who violates the provisions of subsection (b) shall be guilty of a class C misdemeanor.
History:
L. 1984, ch. 305, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5301 Definitions.

65-5301. Definitions.
As used in this act:
(a) "Asbestos project" means an activity undertaken to remove or encapsulate friable asbestos containing materials.
(b) "Business entity" means a partnership, firm, association, corporation, sole proprietorship or other business concern.
(c) "License" means an authorization issued by the secretary permitting a business entity to engage in an asbestos project.
(d) "Secretary" means the secretary of health and environment.
(e) "Friable asbestos containing material" means any material that contains more than 1% asbestos, by weight, which is applied to ceilings, walls, structural members, piping, ductwork or any other part of a building and which, when dry, may be crumbled, pulverized or reduced to powder by hand pressure.
(f) "Asbestos" means that asbestiform varieties of: Chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite.
History:
L. 1985, ch. 203, § 1; L. 2016, ch. 20, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5302 Asbestos projects; license required; exemptions.

65-5302.
Asbestos projects; license required; exemptions.
(a) Except as otherwise provided in this act, no business entity shall engage in an asbestos project unless the entity holds a license issued by the secretary for that purpose.
(b) The provisions of this act do not apply to a business entity which uses its own employees in removing or encapsulating asbestos for the purposes of renovating, maintaining, repairing or demolishing the entity's own facilities.
History:
L. 1985, ch. 203, § 2; L. 1998, ch. 31, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5303 Administration of act; duties of secretary; license fees; inspections; rules and regulations.

65-5303. Administration of act; duties of secretary; license fees; inspections; rules and regulations.
The secretary shall administer the provisions of this act. In administering the provisions of this act, the secretary shall:
(a) Prescribe fees for the issuance and renewal of licenses. The fees shall be based upon the amount of revenue determined by the secretary to be required for proper administration of the provisions of this act;
(b) conduct on-site inspections of procedures being utilized by a licensee for removing and encapsulating asbestos during an actual asbestos project;
(c) inspect and approve asbestos disposal sites; and
(d) adopt rules and regulations necessary for the administration of this act including, but not limited to, requirements, procedures and standards relating to asbestos projects as are necessary to protect the public health and safety.
History:
L. 1985, ch. 203, § 3; L. 1998, ch. 31, § 2; L. 2016, ch. 20, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5304 Licensure of business entities; qualifications; requirements.

65-5304. Licensure of business entities; qualifications; requirements.
In order to qualify for a license, a business entity shall:
(a) Ensure that each employee or agent of the business entity who will come into contact with asbestos or who will engage in an asbestos project is trained in accordance with all applicable asbestos training provisions required by the United States department of labor and the environmental protection agency;
(b) demonstrate to the satisfaction of the secretary that the business entity is capable of complying with all applicable requirements, procedures, standards of the United States environmental protection agency and the United States occupational safety and health administration and the secretary;
(c) have access to at least one approved asbestos disposal site for deposit of all asbestos waste that the business entity will generate during the term of the license; and
(d) comply with all rules and regulations adopted by the secretary under this act.
History:
L. 1985, ch. 203, § 4; L. 2016, ch. 20, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5305 Same; application; form; requirements; fee.

65-5305.
Same; application; form; requirements; fee.
(a) To apply for a license, a business entity shall submit an application to the secretary in the form required by the secretary and shall pay the fee prescribed by the secretary.
(b) The application shall include:
(1) The name and address of the business entity;
(2) a description of the protective clothing and respirators that the business entity will use;
(3) the name and address of each asbestos disposal site that the business entity will use;
(4) a description of the site decontamination procedures that the business entity will use;
(5) a description of the removal and encapsulation methods that the business entity will use;
(6) a description of the procedures that the business entity will use for handling waste containing asbestos;
(7) a description of the air monitoring procedures that the business entity will use;
(8) a description of the procedures that the business entity will use in cleaning up after completion of the asbestos project;
(9) the signature of the chief executive officer of the business entity or a designee of the chief executive officer; and
(10) any other information which may be required by the secretary.
History:
L. 1985, ch. 203, § 5; January 1, 1986.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5306 Same; term; renewal.

65-5306.
Same; term; renewal.
(a) A license expires one year from its effective date unless it is renewed for a one-year term as provided in this section.
(b) Not less than one month before a license expires, the secretary shall send to the licensee, at the last known address of the licensee, a renewal notice that states:
(1) The date on which the current license expires;
(2) the date by which the renewal application must be received by the secretary for the renewal license to be issued and mailed before the current license expires; and
(3) the amount of the renewal fee.
(c) Before a license expires, the licensee periodically may renew it for an additional one-year term, if the business entity:
(1) Otherwise is entitled to be licensed;
(2) submits a renewal application to the secretary in the form required by the secretary; and
(3) pays the renewal fee prescribed by the secretary.
History:
L. 1985, ch. 203, § 6; January 1, 1986.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5307 Records of asbestos projects required, contents; notification of secretary.

65-5307. Records of asbestos projects required, contents; notification of secretary.
(a) Every licensee shall keep a record of each asbestos project it performs and shall make the record available to the secretary at any reasonable time. Records required by this section shall be kept for not less than three years. The record shall include:
(1) The name and address of the individual person who supervised the asbestos project and of each employee or agent of the licensee who worked on the project;
(2) the location and a description of the project and the amount of asbestos material that was removed;
(3) the starting and completion dates of each instance of removal or encapsulation;
(4) a summary of the procedures that were used to comply with all applicable standards;
(5) the name and address of each asbestos disposal site where the waste containing asbestos was deposited; and
(6) any other information which may be required by the secretary.
(b) Every licensee, state agency or political or taxing subdivision of the state that engages in an asbestos project shall notify the secretary, in the manner prescribed by the secretary, of the proposed date on which the project is to be initiated.
History:
L. 1985, ch. 203, § 7; L. 2016, ch. 20, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5309 Schedule of fees; disposition of moneys.

65-5309. Schedule of fees; disposition of moneys.
(a) The secretary shall establish by rules and regulations a reasonable schedule of fees for licensure and for project evaluations under this act. The fee schedule shall be established on the basis of determination by the secretary of the amount of revenue required for administration of the provisions of this act.
(b) The secretary shall remit all moneys received from the fees established pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the asbestos remediation fund.
History:
L. 1985, ch. 203, § 9; L. 1987, ch. 252, § 1; L. 2001, ch. 5, § 261; L. 2016, ch. 20, § 5; L. 2021, ch. 60, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5310 Denial, suspension or revocation of license; notice and hearing; appeals; temporary suspension.

65-5310. Denial, suspension or revocation of license; notice and hearing; appeals; temporary suspension.
(a) The secretary may deny, suspend or revoke any license issued under this act if the secretary finds, after notice and hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that the applicant for license or licensee, whichever is applicable, has:
(1) Fraudulently or deceptively obtained or attempted to obtain a license;
(2) failed at any time to meet the qualifications for a license or to comply with any provision or requirement of this act or any rules and regulations adopted by the secretary under this act;
(3) failed at any time to meet any applicable federal or state standard for removal or encapsulation of asbestos; or
(4) employed or permitted an untrained individual person to work on an asbestos project.
(b) Before any license is denied, suspended or revoked, the secretary shall conduct a hearing thereon in accordance with the provisions of the Kansas administrative procedure act.
(c) Any individual person or business entity aggrieved by a decision or order of the secretary may appeal the order or decision in accordance with the provisions of the Kansas judicial review act.
(d) (1) If the secretary finds that the public health or safety is endangered by the continuation of an asbestos project, the secretary may temporarily suspend, without notice or hearing in accordance with the emergency adjudication procedures of the provisions of the Kansas administrative procedure act, the license of the business entity engaging in such asbestos project.
(2) In no case shall a temporary suspension of a license under this section be in effect for a period of time in excess of 90 days. At the end of such period of time, the license shall be reinstated unless the secretary has suspended or revoked the license, after notice and hearing, or the license has expired as otherwise provided under this act.
History:
L. 1985, ch. 203, § 10; L. 2010, ch. 17, § 161; L. 2016, ch. 20, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5311 Waiver of license requirement, when; alternative requirements.

65-5311. Waiver of license requirement, when; alternative requirements.
(a) In an emergency that results from a sudden, unexpected event that is not a planned renovation or demolition, the secretary may waive the requirement for a license.
(b) The secretary may approve, on a case-by-case basis, an alternative to a required public health protection procedure for an asbestos project if the business entity or state or political or taxing subdivision of the state submits a written description of the alternative procedure to the secretary and demonstrates to the satisfaction of the secretary that the proposed alternative procedure provides equivalent protection.
(c) If a business entity or state or political or taxing subdivision of the state is not primarily engaged in the removal or encapsulation of asbestos, the secretary may waive the requirement for a license if public health protection requirements are met or an alternative procedure is approved under subsection (b).
History:
L. 1985, ch. 203, § 11; L. 2016, ch. 20, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5312 State agencies and political subdivisions; bid acceptance requirements; compliance with act.

65-5312.
State agencies and political subdivisions; bid acceptance requirements; compliance with act.
(a) No state agency or political or taxing subdivision of the state shall accept a bid in connection with any asbestos project from a business entity which does not hold a license at the time the bid is submitted.
(b) No state agency or political or taxing subdivision of the state shall carry out any asbestos project using its own employees except in compliance with the requirements of K.S.A. 65-5304 that also apply to business entities.
History:
L. 1985, ch. 203, § 12; January 1, 1986.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5313 Violations; criminal penalties.

65-5313.
Violations; criminal penalties.
(a) Any individual person or business entity who willfully violates any provision of this act or any rules and regulations adopted under this act is guilty:
(1) For a first offense, of a class C misdemeanor; and
(2) for a second offense, of a class B misdemeanor.
History:
L. 1985, ch. 203, § 13; January 1, 1986.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5314 Same; civil penalties; appeal and review; disposition of moneys recovered.

65-5314. Same; civil penalties; appeal and review; disposition of moneys recovered.
(a) Any business entity which violates any provision of this act or any rules and regulations adopted under this act, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in an amount not to exceed $5,000 for each violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) The secretary, upon a finding that a business entity has violated any provision of this act or any rules and regulations adopted under this act, may impose a civil penalty within the limits provided in this section upon such business entity, which civil penalty shall be in an amount to constitute an actual and substantial economic deterrent to the violation for which the civil penalty is assessed.
(c) No civil penalty shall be imposed under this section except upon the written order of the secretary after notification and hearing, if a hearing is requested, in accordance with the provisions of the Kansas administrative procedure act.
(d) Any business entity aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act. An appeal to the district court or to an appellate court shall not stay the payment of the civil penalty. If the court sustains the appeal, the secretary shall refund forthwith the payment of any civil penalty to the business entity with interest at the rate established by K.S.A. 16-204, and amendments thereto, from the date of payment of the penalty.
(e) Any penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer, deposited in the state treasury and credited to the state general fund.
History:
L. 1985, ch. 203, § 14; L. 2010, ch. 17, § 162; L. 2016, ch. 20, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5315 Injunctions.

65-5315.
Injunctions.
Notwithstanding the existence or pursuit of any other remedy, the secretary may maintain, in the manner provided by the Kansas judicial review act, an action in the name of the state of Kansas for injunction or other process against any business entity to restrain or prevent any violation of the provisions of this act or of any rules and regulations adopted under this act.
History:
L. 1985, ch. 203, § 15; L. 2010, ch. 17, § 163; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 53 - Asbestos Control › 65-5316 Asbestos remediation fund established; disposition of moneys collected pursuant to the act.

65-5316. Asbestos remediation fund established; disposition of moneys collected pursuant to the act.
(a) There is hereby established in the state treasury the asbestos remediation fund.
(1) The secretary of health and environment shall remit to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys collected or received by the secretary from the following sources:
(A) Permit and approval fees collected under K.S.A. 65-5309, and amendments thereto;
(B) any moneys recovered by the state under the provisions of this act, including administrative expenses and moneys paid under any agreement, stipulation or settlement; and
(C) interest attributable to investment of moneys in the fund.
(2) Upon receipt of each remittance pursuant to paragraph (1), the state treasurer shall deposit the entire amount in the state treasury to the credit of the asbestos remediation fund.
(b) Moneys deposited in the fund shall be expended only for the purpose of administering the Kansas asbestos control act, including funding of a technical and environmental compliance assistance program, and for no other governmental purposes.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the asbestos remediation fund interest earnings based on the:
(1) Average daily balance of moneys in the asbestos remediation fund for the preceding month; and
(2) net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the asbestos remediation fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.
History:
L. 2021, ch. 60, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5401 Citation of act.

65-5401. Citation of act.
K.S.A. 65-5401 through K.S.A. 65-6521*, and amendments thereto, and K.S.A. 2023 Supp. 65-5422 and 65-5423, and amendments thereto, shall be known and may be cited as the occupational therapy practice act.
History:
L. 1986, ch. 323, § 1; L. 2022, ch. 20, § 3; July 1.
* Reference should be to 65-5421.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5403 Administration of act by state board of healing arts.

65-5403.
Administration of act by state board of healing arts.
The board, in the manner hereinafter provided, shall administer the provisions of this act.
History:
L. 1986, ch. 323, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5404 Occupational therapist council established; appointment of members; compensation.

65-5404.
Occupational therapist council established; appointment of members; compensation.
(a) There is established an occupational therapist council to advise the board in carrying out the provisions of this act. The council shall consist of five members, all citizens and residents of the state of Kansas appointed as follows: One member shall be a physician appointed by the state board of healing arts; one member shall be the president of the state board of healing arts or a person designated by the president; and three members shall be occupational therapists appointed by the governor. The governor shall, insofar as possible, appoint persons from different geographical areas and persons who represent various types of occupational therapy treatment. If a vacancy occurs on the council, the appointing authority of the position which has become vacant shall appoint a person of like qualifications to fill the vacant position for the unexpired term, if any. The Kansas occupational therapy association shall recommend the names of occupational therapists to the governor in a number equal to at least twice the positions or vacancies to be filled, and the governor may appoint members to fill the positions or vacancies from the submitted list. The terms of the members of the council appointed by the governor prior to the effective date of this act shall expire on July 1, 1988. Members of the council appointed by the governor on and after the effective date of this act shall be appointed for terms of three years and until their successors are appointed and qualified except that of the members first appointed by the governor on or after the effective date of this act one shall be appointed for a term of one year, one shall be appointed for a term of two years and one shall be appointed for a term of three years, as designated by the governor. The member appointed by the state board of healing arts shall serve at the pleasure of the state board of healing arts. A member designated by the president of the state board of healing arts shall serve at the pleasure of the president.
(b) Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the healing arts fee fund.
History:
L. 1986, ch. 323, § 4; L. 1987, ch. 253, § 1; L. 1988, ch. 251, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5405 Duties of board.

65-5405.
Duties of board.
The board shall pass upon the qualifications of all applicants for examination and licensure, determine the applicants who successfully pass the examination, duly license such applicants and adopt rules and regulations as may be necessary to administer the provisions of this act. The board shall keep a record of all proceedings under this act and a roster of all individuals licensed under this act. Only an individual may be licensed under this act.
History:
L. 1986, ch. 323, § 5; L. 2002, ch. 203, § 5; April 1, 2003.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5406 Application for licensure; requirements.

65-5406.
Application for licensure; requirements.
(a) An applicant applying for licensure as an occupational therapist or as an occupational therapy assistant shall file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements:
(1) Education: The applicant shall present evidence satisfactory to the board of having successfully completed the academic requirements of an educational program in occupational therapy recognized by the board.
(2) Experience: The applicant shall submit to the board evidence of having successfully completed a period of supervised field work at a minimum recognized by the board.
(3) Examination: The applicant shall pass an examination as provided for in K.S.A. 65-5407 and amendments thereto.
(4) Fees: The applicants shall pay to the board all applicable fees established under K.S.A. 65-5409 and amendments thereto.
(b) The board shall adopt rules and regulations establishing the criteria which an educational program in occupational therapy shall satisfy to be recognized by the board under paragraph (1) of subsection (a). The board may send a questionnaire developed by the board to any school or other entity conducting an educational program in occupational therapy for which the board does not have sufficient information to determine whether the program should be recognized by the board and whether the program meets the rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the program to be considered for recognition. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about an educational program in occupational therapy. In entering such contracts the authority to recognize an educational program in occupational therapy shall remain solely with the board.
History:
L. 1986, ch. 323, § 6; L. 1988, ch. 243, § 12; L. 2002, ch. 203, § 6; April 1, 2003.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5407 Examinations.

65-5407.
Examinations.
Each applicant for licensure under this act shall be examined by written examination required by the board to test the applicant's knowledge of the basic and clinical sciences relating to occupational therapy, and occupational therapy theory and practice, including the applicant's professional skills and judgment in the utilization of occupational therapy techniques and methods, and such other subjects as the board may deem useful to determine the applicant's fitness to practice. The board shall approve an examination for occupational therapy assistants and establish standards for acceptable performance.
History:
L. 1986, ch. 323, § 7; L. 2002, ch. 203, § 7; April 1, 2003.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5408 Waiver of examination and other requirements; when waived; temporary license.

65-5408.
Waiver of examination and other requirements; when waived; temporary license.
(a) The board may waive the examination, education or experience requirements and grant licensure to any applicant who presents proof of current licensure or registration as an occupational therapist or occupational therapy assistant in another state, the District of Columbia or territory of the United States which requires standards for licensure or registration determined by the board to be equivalent to or exceed the requirements for licensure under this act.
(b) At the time of making an application under this section, the applicant shall pay to the board the application fee as required under K.S.A. 65-5409 and amendments thereto.
(c) The board may issue a temporary license to an applicant for licensure as an occupational therapist or as an occupational therapy assistant who applies for temporary licensure on a form provided by the board, who meets the requirements for licensure or who meets all the requirements for licensure except examination and who pays to the board the temporary license fee as required under K.S.A. 65-5409 and amendments thereto. Such temporary license shall expire one year from the date of issue or on the date that the board approves the application for licensure, whichever occurs first. No more than one such temporary license shall be permitted to any one person.
History:
L. 1986, ch. 323, § 8; L. 1987, ch. 253, § 2; L. 1991, ch. 192, § 5; L. 1997, ch. 26, § 1; L. 2002, ch. 203, § 8; April 1, 2003.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5409 Fees.

65-5409.
Fees.
(a) The board shall charge and collect in advance fees provided for in this act as fixed by the board by rules and regulations, subject to the following limitations:
Application fee, not more than    $80
Temporary license fee, not more than    40
License renewal fee, not more than    80
License late renewal fee, not more than    80
License reinstatement fee, not more than    80
Certified copy of license, not more than    40
Written verification of license, not more than    25
(b) The board shall charge and collect in advance fees for any examination administered by the board under the occupational therapy practice act as fixed by the board by rules and regulations in an amount equal to the cost to the board of the examination. If the examination is not administered by the board, the board may require that fees paid for any examination under the occupational therapy practice act be paid directly to the examination service by the person taking the examination.
History:
L. 1986, ch. 323, § 9; L. 1987, ch. 253, § 3; L. 1989, ch. 202, § 2; L. 1997, ch. 94, § 4; L. 2002, ch. 203, § 9; April 1, 2003.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5410 Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; procedure; reinstatement; penalties.

65-5410.
Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; procedure; reinstatement; penalties.
(a) The board may deny, refuse to renew, suspend, revoke or limit a license or the licensee may be publicly or privately censured where the licensee or applicant for licensure has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Unprofessional conduct includes:
(1) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;
(2) being guilty of unprofessional conduct as defined by rules and regulations adopted by the board;
(3) being convicted of a felony if the acts for which such person was convicted are found by the board to have a direct bearing on whether such person should be entrusted to serve the public in the capacity of an occupational therapist or occupational therapy assistant;
(4) violating any lawful order or rule and regulation of the board; and
(5) violating any provision of this act.
(b) Such denial, refusal to renew, suspension, revocation or limitation of a license or public or private censure of a licensee may be ordered by the board after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act. Upon the end of the period of time established by the board for the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement and may hold a hearing to consider such reinstatement. An application for reinstatement of a revoked license shall be accompanied by the license renewal fee and the license reinstatement fee established under K.S.A. 65-5409, and amendments thereto.
(c) The board, in addition to any other penalty prescribed in subsection (a), may assess a civil fine, after proper notice and an opportunity to be heard, against a licensee for unprofessional conduct in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History:
L. 1986, ch. 323, § 10; L. 2002, ch. 203, § 10; L. 2004, ch. 117, § 19; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5411 Foreign trained occupational therapists and occupational therapy assistants; requirements.

65-5411.
Foreign trained occupational therapists and occupational therapy assistants; requirements.
Foreign trained occupational therapists and occupational therapy assistants shall satisfy the examination requirements of K.S.A. 65-5406. The board shall require foreign trained applicants to furnish proof of completion of educational and supervised field work requirements, substantially equal to or greater than those contained in K.S.A. 65-5406 prior to taking the examination.
History:
L. 1986, ch. 323, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5412 Expiration of license; renewal; suspension; reinstatement; fees.

65-5412.
Expiration of license; renewal; suspension; reinstatement; fees.
(a) Licenses issued under this act shall expire on the date of expiration established by rules and regulations of the board unless renewed in the manner prescribed by the board. The request for renewal shall be accompanied by the license renewal fee established pursuant to K.S.A. 65-5409, and amendments thereto. The board may establish additional requirements for licensure renewal which provide evidence of continued competency.
(b) At least 30 days before the expiration of a licensee's license, the board shall notify the licensee of the expiration by mail addressed to the licensee's last mailing address as noted upon the office records. If the licensee fails to pay the renewal fee by the date of expiration, the licensee shall be given a second notice that the license has expired and the license may be renewed only if the renewal fee and the late renewal fee are received by the board within the thirty-day period following the date of expiration and that, if both fees are not received within the thirty-day period, the license shall be deemed canceled by operation of law without further proceedings for failure to renew and shall be reissued only after the license has been reinstated under subsection (c).
(c) Any license canceled for failure to renew as herein provided may be reinstated upon recommendation of the board and upon payment of the renewal fee and the reinstatement fee and upon submitting evidence of satisfactory completion of any applicable continuing education requirements established by the board. The board shall adopt rules and regulations establishing appropriate continuing education requirements for reinstatement of licenses canceled for failure to renew.
(d) A person whose license is suspended shall not engage in any conduct or activity in violation of the order or judgment by which the license was suspended.
History:
L. 1986, ch. 323, § 12; L. 2002, ch. 203, § 11; L. 2004, ch. 117, § 20; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5413 Moneys received by board; disposition; healing arts fee fund.

65-5413. Moneys received by board; disposition; healing arts fee fund.
The board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the healing arts fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person designated by the president of the board.
History:
L. 1986, ch. 323, § 13; L. 2001, ch. 5, § 262; L. 2011, ch. 53, § 35; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5414 Representation as occupational therapist or occupational therapy assistant; prohibitions; misdemeanor.

65-5414.
Representation as occupational therapist or occupational therapy assistant; prohibitions; misdemeanor.
(a) It shall be unlawful for any person who is not licensed under this act as an occupational therapist or an occupational therapy assistant or whose license has been suspended or revoked to use, in connection with such person's name or place of business, the words "occupational therapist," "licensed occupational therapist," "occupational therapist licensed," "occupational therapy assistant," "licensed occupational therapy assistant," or the letters, "O.T.," " L.O.T.," "O.T.L.," "O.T.A." or " L.O.T.A." or any other words, letters, abbreviations or insignia indicating or implying that such person is an occupational therapist or an occupational therapy assistant or who in any way, orally, in writing, in print or by sign, directly or by implication, represents oneself as an occupational therapist or an occupational therapy assistant.
(b) Any violation of this section shall constitute a class C misdemeanor.
History:
L. 1986, ch. 323, § 14; L. 2002, ch. 203, § 12; April 1, 2003.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5415 Injunction.

65-5415.
Injunction.
When it appears to the board that any person is violating any of the provisions of this act, the board may bring an action in a court of competent jurisdiction for an injunction against such violation without regard to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
History:
L. 1986, ch. 323, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5416 State agency adjudicative proceedings and judicial review; conduct.

65-5416.
State agency adjudicative proceedings and judicial review; conduct.
All state agency adjudicative proceedings under K.S.A. 65-5401 to 65-5417, inclusive, shall be conducted in accordance with the provisions of the Kansas administrative procedure act and shall be reviewable in accordance with the Kansas judicial review act.
History:
L. 1986, ch. 323, § 16; L. 2010, ch. 17, § 164; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 54 - Occupational Therapy › 65-5417 Invalidity of part.

65-5417.
Invalidity of part.
If any section of this act, or any part thereof, is adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder or any other section or part thereof.
History:
L. 1986, ch. 323, § 17; July 1.