reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 65 - Speech-language Pathologists And Audiologists › 65-6502 Speech-language pathology and audiology board established; duties; composition; appointment of members.

65-6502. Speech-language pathology and audiology board established; duties; composition; appointment of members.
(a) There is hereby established a speech-language pathology and audiology board. Such board shall be advisory to the secretary for aging and disability services in all matters concerning standards, rules and regulations and all matters relating to this act.
(b) The board shall be composed of five persons appointed by the secretary who have been residents of this state for at least two years. Two members shall be licensed, or initially eligible for licensure, as speech-language pathologists; one member shall be licensed, or initially eligible for licensure, as an audiologist; one member shall be a person licensed to practice medicine and surgery; and one member shall be a member of the general public who is not a health care provider. The secretary may make appointments from a list submitted by professional organizations representing speech pathologists and audiologists.
(c) Members of the board attending meetings of such board or attending a subcommittee meeting thereof authorized by such board shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
(d) Board members shall be appointed for a term of two years and until their successors are appointed and qualified, except that of the initial appointments, which shall be made within 60 days after the effective date of this act, two members first appointed, as specified by the secretary, shall serve on the board for terms of one year and thereafter, upon expiration of such one-year terms, successors shall be appointed in the same manner as the original appointments. The chairperson of the board shall be elected annually from among the members of the board. Whenever a vacancy occurs on the board by reason other than the expiration of a term of office, the secretary shall appoint a successor of like qualifications for the remainder of the unexpired term. No person shall be appointed to serve more than three successive two-year terms.
(e) Appointments to fill vacancies shall be made in the same manner as original appointments for the unexpired portion of the term. The secretary may terminate the appointment of any member for cause which in the opinion of the secretary reasonably justifies such termination.
History:
L. 1991, ch. 177, § 2; L. 2012, ch. 100, § 2; L. 2014, ch. 115, § 279; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 65 - Speech-language Pathologists And Audiologists › 65-6503 Duties of secretary for aging and disability services.

65-6503. Duties of secretary for aging and disability services.
(a) The secretary shall:
(1) Issue to each person who has met the education and training requirements listed in K.S.A. 65-6505, and amendments thereto, and such other reasonable qualifications as may be established by rules and regulations promulgated by the secretary, the appropriate license as a speech-language pathologist or audiologist;
(2) establish by rules and regulations the methods and procedures for examination of candidates for licensure;
(3) appoint employees necessary to administer this act and fix their compensation within the limits of appropriations made for that purpose;
(4) keep a record of the board's proceedings and a register of all applicants for and recipients of licenses; and
(5) make all such reasonable rules and regulations as deemed necessary to carry out and enforce the provisions of this act.
(b) All rules and regulations, orders and directives of the secretary of health and environment concerning speech-language pathologists and audiologists in existence on the effective date of this act shall continue to be effective and shall be deemed to be duly adopted rules and regulations, orders and directives of the secretary for aging and disability services until revised, amended, revoked or nullified pursuant to law.
(c) All records of the department of health and environment concerning speech-language pathologists and audiologists in existence on the effective date of this act are hereby transferred to the secretary for aging and disability services.
(d) Whenever a reference or designation is made to the department of health and environment concerning speech-language pathologists or audiologists by a contract or other document, such reference or designation shall be deemed to apply to the secretary for aging and disability services.
History:
L. 1991, ch. 177, § 3; L. 2012, ch. 100, § 3; L. 2014, ch. 115, § 280; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 65 - Speech-language Pathologists And Audiologists › 65-6504 Unlawful acts and representations; persons licensed under act not authorized to engage in dispensing and fitting hearing aids and not engaged in practice of healing arts; self representation.

65-6504.
Unlawful acts and representations; persons licensed under act not authorized to engage in dispensing and fitting hearing aids and not engaged in practice of healing arts; self representation.
(a) On or after September 1, 1992, it shall be unlawful for any person to engage in the practice of speech-language pathology or audiology in the state of Kansas unless such person has been issued a valid license pursuant to this act or is specifically exempted from the provisions of this act. It shall be unlawful for any person to hold oneself out to the public as a "speech pathologist," "speech therapist," "speech correctionist," "speech clinician," "language pathologist," "voice therapist," "voice pathologist," "logopedist," "communicologist," "aphasiologist," "phoniatrist," "audiologist," "audiometrist," "hearing therapist," "hearing clinician," "hearing aid audiologist," or any variation, unless such person is licensed under this act as a speech-language pathologist or audiologist.
(b) No person licensed under this act shall be authorized to engage in the practice of dispensing and fitting hearing aids as defined under K.S.A. 74-5807, and amendments thereto, unless such person is also licensed or holds a certificate of endorsement under the hearing aid act to engage in the practice of dispensing and fitting hearing aids.
(c) Persons licensed under this act to engage in the practice of speech-language pathology or audiology shall not be deemed to be engaged in the practice of the healing arts when practicing under and in accordance with this act.
(d) Persons licensed under this act to engage in the practice of audiology with doctorate degrees shall use the appropriate words or letters, such as "AuD," "PhD," "EdD" and "ScD," when using the letters or term "Dr." or "Doctor" to identify themselves.
History:
L. 1991, ch. 177, § 4; L. 2010, ch. 118, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 65 - Speech-language Pathologists And Audiologists › 65-6505 Qualifications for licensure.

65-6505.
Qualifications for licensure.
(a) Speech-language pathologists or audiologists shall meet the following qualifications for licensure under this act:
(1) Except as otherwise provided in subsection (b), possession of at least a master's degree or equivalent in speech-language pathology or audiology from an educational institution with standards consistent with those of the state universities of Kansas approved by the secretary pursuant to rules and regulations;
(2) completion of supervised clinical practicum experiences from an educational institution or its cooperating programs the content of which shall be consistent with the standards of the state universities of Kansas and delineated in the rules and regulations;
(3) except as otherwise provided in subsection (c), completion of a postgraduate professional experience pursuant to rules and regulations; and
(4) passage of an examination in speech-language pathology or audiology pursuant to rules and regulations.
(b) Any individual seeking licensure as an audiologist on or after January 1, 2012, shall possess at least a doctorate degree or equivalent in audiology from an educational institution with standards consistent with those of the state universities of Kansas approved by the secretary pursuant to rules and regulations. Any individual who possesses at least a master's degree or equivalent in audiology prior to January 1, 2012, shall be deemed to have met the educational requirement of subsection (a)(1) for licensure as an audiologist.
(c) Any applicant who possesses an audiology clinical doctoral degree shall be exempt from the requirements in subsection (a)(3).
History:
L. 1991, ch. 177, § 5; L. 1995, ch. 260, § 6; L. 2010, ch. 118, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 65 - Speech-language Pathologists And Audiologists › 65-6507 Contracts to obtain information about courses of study and clinical practicum experience.

65-6507.
Contracts to obtain information about courses of study and clinical practicum experience.
The secretary may contract with investigative agencies, commissions or consultants to assist the secretary in obtaining information about courses of study and supervised clinical practicum experiences to be approved by the secretary under K.S.A. 65-6505 and amendments thereto.
History:
L. 1991, ch. 177, § 7; January 1, 1992.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 65 - Speech-language Pathologists And Audiologists › 65-6508 Denial, revocation, suspension or limitation of license; grounds.

65-6508.
Denial, revocation, suspension or limitation of license; grounds.
The secretary shall deny, revoke, suspend or limit the license provided for in this act for any of the following reasons:
(a) Making a false statement on an application for a license, or any other document required by the secretary;
(b) engaging or attempting to engage, or representing oneself as so entitled, to perform procedures not authorized in the license;
(c) demonstrating incompetence or making consistent negligent errors in tests or procedures;
(d) engaging in dishonorable, unethical or unprofessional conduct, as defined by rules and regulations;
(e) providing professional services while mentally incompetent, under the influence of alcohol or narcotic or controlled substance that is in excess of therapeutic amounts or without valid medical indication;
(f) violating or aiding and abetting in a violation of any provisions of this act or any of the rules or regulations adopted under this act; or
(g) having been convicted of a crime found by the secretary to have a direct bearing on whether one should be entrusted to serve the public in the capacity of a speech-language pathologist or audiologist.
History:
L. 1991, ch. 177, § 8; L. 1995, ch. 260, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 65 - Speech-language Pathologists And Audiologists › 65-6509 Administrative proceedings; judicial review.

65-6509.
Administrative proceedings; judicial review.
Proceedings under this act shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under this act shall be in accordance with the Kansas judicial review act.
History:
L. 1991, ch. 177, § 9; L. 2010, ch. 17, § 168; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 65 - Speech-language Pathologists And Audiologists › 65-6510 Penalty for violation of act.

65-6510.
Penalty for violation of act.
Any person who violates any of the provisions of this act shall be guilty of a class C misdemeanor and each day in violation of this act shall be considered a separate offense.
History:
L. 1991, ch. 177, § 10; January 1, 1992.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 65 - Speech-language Pathologists And Audiologists › 65-6511 Act not applicable to certain persons.

65-6511. Act not applicable to certain persons.
The provisions of this act shall not apply to:
(a) Personnel employed by the United States government;
(b) healthcare providers as defined by K.S.A. 65-4921, and amendments thereto, or exempt licensees under the Kansas healing arts act who are providing services within the lawful scope of their authority so long as they do not hold themselves out to the public by a title set forth in K.S.A. 65-6504, and amendments thereto;
(c) persons duly credentialed by this state as a teacher of the deaf or hard of hearing who are providing services within the lawful scope of their authority so long as they do not hold themselves out to the public by a title set forth in K.S.A. 65-6504, and amendments thereto;
(d) the activities and services of persons pursuing a course of study leading to a degree in speech-language pathology or audiology at a college or university provided that:
(1) These activities and services constitute a part of the organized course of study at that institution;
(2) such persons are designated by a title such as intern, trainee, student, or by other such title clearly indicating the status appropriate to their level of education; and
(3) such persons work under the supervision of a person licensed by this state to practice speech-language pathology or audiology.
(e) an employee or other person under the supervision of a person licensed to practice medicine and surgery in this state so long as such persons do not hold themselves out to the public by a title set forth in K.S.A. 65-6504, and amendments thereto; or
(f) persons licensed or holding a certificate of endorsement to engage in the practice of dispensing and fitting hearing aids under the hearing aid act when practicing under and in accordance with the hearing aid act so long as such persons do not hold themselves out to the public by a title set forth in K.S.A. 65-6504, and amendments thereto.
History:
L. 1991, ch. 177, § 11; L. 2022, ch. 75, § 9; April 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 65 - Speech-language Pathologists And Audiologists › 65-6512 Fees.

65-6512. Fees.
The secretary shall fix by rules and regulations the licensure fee, sponsorship fee, temporary licensure fee, renewal fee, late renewal fee, reinstatement fee and examination fee, if necessary, under this act. Such fees shall be fixed in an amount to cover the costs of administering the provisions of the act. No fee shall be more than $200. The secretary shall remit all moneys received from fees, charges or penalties under this act 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 health occupations credentialing fee fund created by K.S.A. 39-979, and amendments thereto.
History:
L. 1991, ch. 177, § 12; L. 1997, ch. 9, § 2; L. 2001, ch. 5, § 269; L. 2018, ch. 32, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 66 - Addiction Counselors › 65-6607 Citation of act.

65-6607. Citation of act.
K.S.A. 65-6607 through 65-6620, and amendments thereto, shall be known and may be cited as the addiction counselor licensure act.
History:
L. 2010, ch. 45, § 1; L. 2016, ch. 92, § 51; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 66 - Addiction Counselors › 65-6608 Definitions.

65-6608. Definitions.
As used in the addiction counselor licensure act:
(a) "Addiction counseling" means the utilization of special skills to assist persons with addictions, and to assist such persons' families and friends to achieve resolution of addiction through the exploration of the disease and its ramifications, the examination of attitudes and feelings, the consideration of alternative solutions and decision making, as these relate specifically to addiction. Evaluation and assessment, treatment including treatment plan development, crisis intervention, referral, record keeping and clinical consultation specifically related to addiction are within the scope of addiction counseling. Additionally, at the clinical level of licensure, addiction counseling includes independent practice and the diagnosis and treatment of substance use disorders.
(b) "Board" means the behavioral sciences regulatory board created under K.S.A. 74-7501, and amendments thereto.
(c) "Extenuating circumstances" means any condition or situation caused by events beyond an individual's control that is sufficiently extreme in nature to result in the:
(1) Individual's inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with requirements.
(d) "Licensed addiction counselor" means a person who engages in the practice of addiction counseling limited to substance use disorders and who is licensed under this act. Such person shall engage in the practice of addiction counseling in a state-licensed or certified alcohol and other drug treatment program or in completing a Kansas domestic violence offender assessment for participants in a certified batterer intervention program pursuant to K.S.A. 75-7d01 through 75-7d13, and amendments thereto, unless otherwise exempt from licensure under K.S.A. 59-29b46(n), and amendments thereto.
(e) "Licensed clinical addiction counselor" means a person who engages in the independent practice of addiction counseling and diagnosis and treatment of substance use disorders specified in the edition of the American psychiatric association's diagnostic and statistical manual of mental disorders (DSM) designated by the board by rules and regulations and is licensed under this act.
(f) "Licensed master's addiction counselor" means a person who engages in the practice of addiction counseling limited to substance use disorders and who is licensed under the addiction counselor licensure act. Such person may diagnose substance use disorders only under the direction of a licensed clinical addiction counselor, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of substance abuse disorders or mental disorders.
History:
L. 2010, ch. 45, § 2; L. 2011, ch. 114, § 10; L. 2012, ch. 58, § 1; L. 2012, ch. 162, § 88; L. 2016, ch. 92, § 52; L. 2023, ch. 90, § 21; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 66 - Addiction Counselors › 65-6609 Prohibited acts.

65-6609. Prohibited acts.
(a) No person shall engage in the practice of addiction counseling or represent that such person is a licensed addiction counselor or is an addiction counselor, a substance abuse counselor or an alcohol and drug counselor without having first obtained a license as an addiction counselor under the addiction counselor licensure act.
(b) On and after September 1, 2016, no person shall engage in the practice of addiction counseling or represent that such person is a licensed master's addiction counselor, master's addiction counselor, master's substance abuse counselor or master's alcohol and drug counselor without having first obtained a license as a master's addiction counselor under the addiction counselor licensure act.
(c) No person shall engage in the practice of addiction counseling as a clinical addiction counselor or represent that such person is a licensed clinical addiction counselor, a clinical addiction counselor, a clinical substance abuse counselor or a clinical alcohol and drug counselor without having first obtained a license as a clinical addiction counselor under the addiction counselor licensure act.
(d) Violation of this section is a class B misdemeanor.
History:
L. 2010, ch. 45, § 3; L. 2011, ch. 114, § 11; L. 2016, ch. 92, § 53; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 66 - Addiction Counselors › 65-6612 Temporary permit to engage in clinical addiction counseling; time limitations; fees, fines, cease and desist orders.

65-6612. Temporary permit to engage in clinical addiction counseling; time limitations; fees, fines, cease and desist orders.
(a) Upon written application and board approval, an individual who is licensed to engage in the independent clinical practice of addiction counseling at the clinical level in another jurisdiction, who is in good standing in that other jurisdiction and who has engaged in the clinical practice of addiction counseling in that jurisdiction for at least two years immediately preceding application may engage in the independent practice of clinical addiction counseling as provided by the addiction counselor licensure act in this state for not more than 30 days per year upon receipt of a temporary permit to practice issued by the board. Such individual engaging in such practice shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(b) Any clinical addiction counseling services rendered within any 24-hour period shall count as one entire day of clinical addiction counseling services.
(c) The temporary permit to practice shall be effective on the date of approval by the board and shall expire one year after issuance. Upon written application not later than 30 days before the expiration of a temporary permit and under emergency circumstances, as defined by the board, the board may extend the temporary permit for not more than one additional year. Such extended temporary permit shall authorize the individual to practice in this state for an additional 30 days during the additional year. Such individual engaging in such practice shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(d) The board shall charge a fee for a temporary permit to practice and a fee for an extension of a temporary permit to practice as fixed under K.S.A. 65-6618, and amendments thereto.
(e) A person who holds a temporary permit to practice clinical addiction counseling in this state shall be deemed to have submitted to the jurisdiction of the board and shall be bound by the statutes and regulations that govern the practice of clinical addiction counseling in this state.
(f) In accordance with the Kansas administrative procedure act, the board may issue a cease and desist order or assess a fine of up to $1,000 per day, or both, against a person licensed in another jurisdiction who engages in the independent practice of clinical addiction counseling in this state without complying with the provisions of this section.
History:
L. 2010, ch. 45, § 6; L. 2016, ch. 92, § 56; L. 2021, ch. 88, § 26; May 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 66 - Addiction Counselors › 65-6616 Construction of act.

65-6616. Construction of act.
Nothing in the addiction counselor licensure act shall be construed:
(a) To prevent addiction counseling practice by students or interns or individuals preparing for the practice of addiction counseling to practice under qualified supervision of a professional, recognized and approved by the board, in an educational institution or agency so long as they are designated by titles such as "student," "trainee," "intern" or other titles clearly indicating training status;
(b) to authorize the practice of psychology, medicine and surgery, professional counseling, marriage and family therapy, master's level psychology or social work or other professions licensed by the behavioral sciences regulatory board;
(c) to apply to the activities and services of a rabbi, priest, minister, clergy person or organized ministry of any religious denomination or sect, including a Christian-Science practitioner, unless such person or individual who is a part of the organized ministry is a licensed addiction counselor;
(d) to apply to the activities and services of qualified members of other professional groups including, but not limited to, attorneys, physicians, psychologists, master's level psychologists, marriage and family therapists, professional counselors, or other professions licensed by the behavioral sciences regulatory board, registered nurses or social workers performing services consistent with the laws of this state, their training and the code of ethics of their profession, so long as they do not represent themselves as being an addiction counselor; or
(e) to prevent qualified persons from doing work within the standards and ethics of their respective professions and callings provided they do not hold themselves out to the public by any title or description of services as being an addiction counselor.
History:
L. 2010, ch. 45; § 10; L. 2011, ch. 114, § 16; L. 2016, ch. 92, § 60; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 66 - Addiction Counselors › 65-6617 Confidential information and communications; exceptions.

65-6617. Confidential information and communications; exceptions.
(a) A person licensed under the addiction counselor licensure act and employees and professional associates of the person shall not be required to disclose any information that the person, employee or associate may have acquired in rendering addiction counseling services, unless:
(1) Disclosure is required by other state laws;
(2) failure to disclose the information presents a clear and present danger to the health or safety of an individual;
(3) the person, employee or associate is a party defendant to a civil, criminal or disciplinary action arising from the therapy, in which case a waiver of the privilege accorded by this section is limited to that action;
(4) the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses in that person's behalf; or
(5) a client agrees to a waiver of the privilege accorded by this section, and in circumstances where more than one person in a family is receiving therapy, each such family member agrees to the waiver. Absent a waiver from each family member, an addiction counselor shall not disclose information received from a family member.
(b) Nothing in this section or in this act shall be construed to prohibit any person licensed under the addiction counselor licensure act from testifying in court hearings concerning matters of adult abuse, adoption, child abuse, child neglect or other matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors, or both, on behalf of a client. There is no privilege under this section for information which is required to be reported to a public official.
History:
L. 2010, ch. 45, § 11; L. 2016, ch. 92, § 61; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 66 - Addiction Counselors › 65-6618 Fees.

65-6618. Fees.
(a) The board may collect the following fees, and any such fees shall be established by rules and regulations adopted by the board:
(1) For application for licensure as an addiction counselor, not to exceed $150;
(2) for original licensure as an addiction counselor, not to exceed $150;
(3) for renewal for licensure as an addiction counselor, not to exceed $150;
(4) for a temporary license as an addiction counselor, not to exceed $100;
(5) for a six-month reinstatement temporary license as an addiction counselor, not to exceed $50;
(6) for a student temporary addiction counselor license, not to exceed $100;
(7) for renewal for a student temporary addiction counselor license, not to exceed $100;
(8) for application for licensure as a master's addiction counselor, not to exceed $150;
(9) for original licensure as a master's addiction counselor, not to exceed $150;
(10) for renewal for licensure as a master's addiction counselor, not to exceed $150;
(11) for a temporary license as a master's addiction counselor, not to exceed $100;
(12) for a six-month reinstatement temporary license as a master's addiction counselor, not to exceed $50;
(13) for application for licensure as a clinical addiction counselor, not to exceed $150;
(14) for original licensure as a clinical addiction counselor, not to exceed $150;
(15) for renewal for licensure as a clinical addiction counselor, not to exceed $150;
(16) for a six-month reinstatement temporary license as a clinical addiction counselor, not to exceed $50;
(17) for a temporary permit to practice clinical addiction counseling, not to exceed $200;
(18) for extension of a temporary permit to practice clinical addiction counseling, not to exceed $200;
(19) for reinstatement of a license, not to exceed $150;
(20) for replacement of a license, not to exceed $20;
(21) for late renewal penalty, an amount equal to the fee for renewal; and
(22) for a wallet license, not more than $5.
(b) The board shall require that fees paid for any examination under the addiction counselor licensure act be paid directly to the examination services by the person taking the examination.
(c) Fees paid to the board are not refundable.
History:
L. 2010, ch. 45, § 12; L. 2016, ch. 92, § 62; L. 2023, ch. 90, § 26; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 66 - Addiction Counselors › 65-6620 Disclosure to client at beginning of client-therapist relationship; documentation.

65-6620. Disclosure to client at beginning of client-therapist relationship; documentation.
A licensee under the addiction counselor licensure act, at the beginning of a client-therapist relationship, shall inform the client of the level of such licensee's training and the title or titles and license or licenses of such licensee. As a part of such obligation, such licensee shall disclose whether such licensee has a baccalaureate, master's degree or a doctoral degree. If such licensee has a doctoral degree, such licensee shall disclose whether or not such doctoral degree is a doctor of medicine degree or some other doctoral degree. If such licensee does not have a medical doctor's degree, such licensee shall disclose that the licensee is not authorized to practice medicine and surgery and is not authorized to prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain mental disorders can have medical or biological origins, and that the client should consult with a physician. Documentation of such disclosures to a client shall be made in the client's record.
History:
L. 2010, ch. 45, § 14; L. 2016, ch. 92, § 63; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 66 - Addiction Counselors › 65-6621 Provisional licensure as addiction counselor; remedial requirements prescribed by board; professional title.

65-6621. Provisional licensure as addiction counselor; remedial requirements prescribed by board; professional title.
(a) If, in evaluating any applicant for licensure as an addiction counselor, the board finds that the applicant is deficient in the qualifications or in the quality of the applicant's educational experience required by K.S.A. 65-6610 or 65-6613, and amendments thereto, as applicable, or by rules and regulations adopted by the board, the board may require the applicant to fulfill remedial or other requirements, as the board may prescribe.
(b) A person who is completing requirements prescribed by the board under subsection (a) may apply to the board for provisional licensure as an addiction counselor on a form and in a manner prescribed by the board. The board may issue a provisional license to practice addiction counseling. A provisional license shall expire upon the earlier of the date that the board issues or denies a license to practice addiction counseling or 12 months after the date of issuance of the provisional license. No provisional license shall be renewed, and no provisional license shall be issued again, upon any subsequent application for the same license level.
(c) A person practicing addiction counseling with a provisional license may not use the title "licensed addiction counselor," "licensed master's addiction counselor" or "licensed clinical addiction counselor" or the initials "LAC," "LMAC" or "LCAC," independently. The word "licensed" may be used by such person only when preceded by the word "provisional."
(d) This section shall be a part of and supplemental to the addiction counselor licensure act.
History:
L. 2019, ch. 55, § 6; May 9.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6702 Drugs or devices for birth control or fertilization lawful; political subdivisions prohibited from limiting abortion.

65-6702.
Drugs or devices for birth control or fertilization lawful; political subdivisions prohibited from limiting abortion.
(a) The use of any drug or device that inhibits or prevents ovulation, fertilization or implantation of an embryo and disposition of the product of in vitro fertilization prior to implantation are lawful in this state and neither the state nor any political subdivision of the state shall prohibit the use of any such drug or device or the disposition of such product.
(b) No political subdivision of the state shall regulate or restrict abortion.
History:
L. 1992, ch. 183, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6704 Abortion upon minor; required information and counseling.

65-6704. Abortion upon minor; required information and counseling.
(a) Before the performance of an abortion upon a minor, a counselor shall provide pregnancy information and counseling in a manner that can be understood by the minor and allows opportunity for the minor's questions to be addressed. A parent or guardian, or a person 21 or more years of age who is not associated with the abortion provider and who has a personal interest in the minor's well-being, shall accompany the minor and be involved in the minor's decision-making process regarding whether to have an abortion. Such information and counseling shall include:
(1) The alternatives available to the minor, including abortion, adoption and other alternatives to abortion;
(2) an explanation that the minor may change a decision to have an abortion at any time before the abortion is performed or may decide to have an abortion at any time while an abortion may be legally performed;
(3) make available to the minor information on agencies available to assist the minor and agencies from which birth control information is available;
(4) discussion of the possibility of involving the minor's parent or parents, other adult family members or guardian in the minor's decision-making; and
(5) information regarding the provisions of K.S.A. 65-6705, and amendments thereto, and the minor's rights under such provisions.
(b) After the performance of an abortion on a minor, a counselor shall provide counseling to assist the minor in adjusting to any post-abortion problems that the minor may have.
(c) After the counselor provides information and counseling to a minor as required by this section, the counselor shall have the minor sign and date a statement setting forth the requirements of subsections (a) and (b) and declaring that the minor has received information and counseling in accordance with those requirements.
(d) The counselor shall also sign and date the statement and shall include the counselor's business address and business telephone number. The counselor shall keep a copy for the minor's medical record and shall give the form to the minor or, if the minor requests and if the counselor is not the attending physician, transmit the statement to the minor's attending physician. Such medical record shall be maintained as otherwise provided by law.
(e) The provision by a counselor of written materials which contain information and counseling meeting the requirements of subsections (a) and (b) and which is signed by the minor shall be presumed to be evidence of compliance with the requirements of this section.
(f) The requirements of subsection (a) shall not apply when a medical emergency exists. A physician who does not comply with the requirements of this section by reason of this exception shall state in the medical record of the abortion the medical indications on which the physician's judgment was based.
History:
L. 1992, ch. 183, § 4; L. 2014, ch. 87, § 4; April 24.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6707 Same; severability clause.

65-6707.
Same; severability clause.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
History:
L. 1992, ch. 183, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6708 Citation of act.

65-6708. Citation of act.
K.S.A. 65-6701 and K.S.A. 65-6708 through 65-6715, and amendments thereto, and K.S.A. 2023 Supp. 65-6716, and amendments thereto, shall be known and may be cited as the woman's-right-to-know act.
History:
L. 1997, ch. 190, § 25; L. 2023, ch. 88, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6711 Same; information where medical emergency compels performances of an abortion.

65-6711.
Same; information where medical emergency compels performances of an abortion.
Where a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert her death or to avert substantial and irreversible impairment of a major bodily function.
History:
L. 1997, ch. 190, § 29; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6712 Same; failure to provide informed consent and printed materials under act is unprofessional conduct.

65-6712.
Same; failure to provide informed consent and printed materials under act is unprofessional conduct.
Any physician who intentionally, knowingly or recklessly fails to provide in accordance with K.S.A. 65-6709 and amendments thereto the printed materials described in K.S.A. 65-6710 and amendments thereto, whether or not an abortion is actually performed on the woman, is guilty of unprofessional conduct as defined in K.S.A. 65-2837 and amendments thereto.
History:
L. 1997, ch. 190, § 30; L. 1998, ch. 142, § 16; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6714 Same; severability clause.

65-6714.
Same; severability clause.
The provisions of this act are declared to be severable, and if any provision, word, phrase or clause of the act or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of the woman's-right-to-know act.
History:
L. 1997, ch. 190, § 32; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6715 Same; act does not create or recognize a right to abortion or make lawful an abortion that is currently unlawful.

65-6715.
Same; act does not create or recognize a right to abortion or make lawful an abortion that is currently unlawful.
(a) Nothing in the woman's-right-to-know act shall be construed as creating or recognizing a right to abortion.
(b) It is not the intention of the woman's-right-to-know act to make lawful an abortion that is currently unlawful.
History:
L. 1997, ch. 190, § 33; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6722 Abortion of pain-capable unborn child; legislative findings.

65-6722. Abortion of pain-capable unborn child; legislative findings.
The legislature hereby finds and declares that:
(a) Pain receptors (nociceptors) are present throughout the unborn child's entire body by no later than 16 weeks after fertilization and nerves link these receptors to the brain's thalamus and subcortical plate by no later than 20 weeks;
(b) by eight weeks after fertilization, the unborn child reacts to touch. By 20 weeks after fertilization, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling;
(c) in the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response;
(d) subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral and learning disabilities later in life;
(e) for the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli is applied without such anesthesia;
(f) the position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain;
(g) substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain;
(h) in adults, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does;
(i) substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing;
(j) consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain by 20 weeks after fertilization; and
(k) it is the purpose of the state to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.
History:
L. 2011, ch. 41, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6723 Abortion of pain-capable unborn child; definitions.

65-6723. Abortion of pain-capable unborn child; definitions.
As used in K.S.A. 65-6722 through 65-6724, and amendments thereto:
(a) "Abortion" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(b) "Bodily function" means physical function. The term "bodily function" does not include mental or emotional functions.
(c) "Department" means the department of health and environment.
(d) "Gestational age" means the time that has elapsed since the first day of the woman's last menstrual period.
(e) "Medical emergency" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(f) "Pain-capable unborn child" means an unborn child having reached the gestational age of 22 weeks or more.
(g) "Physician" means a person licensed to practice medicine and surgery in this state.
(h) "Pregnant" or "pregnancy" means that female reproductive condition of having an unborn child in the mother's body.
History:
L. 2011, ch. 41, § 2; L. 2014, ch. 87, § 7; L. 2023, ch. 88, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6725 Same; construction of act.

65-6725. Same; construction of act.
Nothing in this act shall be construed to repeal any statute dealing with abortion, but shall be considered supplemental to such other statutes.
History:
L. 2011, ch. 41, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6726 Abortion based on gender; prohibited.

65-6726. Abortion based on gender; prohibited.
(a) No person shall perform or induce an abortion or attempt to perform or induce an abortion with knowledge that the pregnant woman is seeking the abortion solely on account of the sex of the unborn child.
(b) (1) A woman upon whom an abortion is performed or induced, or upon whom there is an attempt to perform or induce an abortion, in violation of this section, the father, if married to the woman at the time of the abortion, and the parents or custodial guardian of the woman, if the woman has not attained the age of 18 years at the time of the abortion, may in a civil action obtain appropriate relief, unless, in a case where the plaintiff is not the woman upon whom the abortion was performed, the pregnancy resulted from the plaintiff's criminal conduct.
(2) Such relief shall include:
(A) Money damages for all injuries, psychological and physical, occasioned by the violation of this section;
(B) statutory damages equal to three times the cost of the abortion;
(C) injunctive relief; and
(D) reasonable attorney fees.
(c) A woman upon whom an abortion is performed shall not be prosecuted under this section for a conspiracy to violate this section pursuant to K.S.A. 21-5302, and amendments thereto.
(d) Nothing in this section shall be construed to create a right to an abortion. Notwithstanding any provision of this section, a person shall not perform an abortion that is prohibited by law.
(e) Upon a first conviction of a violation of this section, a person shall be guilty of a class A person misdemeanor. Upon a second or subsequent conviction of a violation of this section, a person shall be guilty of a severity level 10, person felony.
(f) If any provision or clause of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
(g) For purposes of this section, the term "abortion" has the same meaning as such term is defined in K.S.A. 65-6701, and amendments thereto.
History:
L. 2013, ch. 119, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 67 - Abortion › 65-6731 Prohibition on certain funding for abortions; definitions.

65-6731. Prohibition on certain funding for abortions; definitions.
As used in K.S.A. 65-6731 through 65-6738, and amendments thereto:
(a) "Abortion" has the same meaning as such term is defined in K.S.A. 65-6701, and amendments thereto.
(b) "Health benefit plan" means any hospital or medical expense policy, health, hospital or medical services corporation contract, and a plan provided by a municipal group-funded pool, or a health maintenance organization contract offered by any employer or any certificate issued under any such policy, contract or plan.
(c) "Health care entity" means an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization or any other health care facility or organization.
(d) "School district" means any public school district organized under the laws of this state.
(e) "State agency" has the same meaning as such term is defined in K.S.A. 75-3701, and amendments thereto.
History:
L. 2013, ch. 119, § 1; July 1.