reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 24 - Uniform Vital Statistics Act › 65-2426a Authorization for cremation; when permit to cremate required; penalty for violation.

65-2426a. Authorization for cremation; when permit to cremate required; penalty for violation.
(a) (1) No dead body, as defined in K.S.A. 65-2401, and amendments thereto, shall be cremated unless a coroner's permit to cremate has been executed to authorize such cremation, if the death or cause of death occurred within the state of Kansas or in a state where such permit to cremate is required.
(2) A telefacsimile or electronic signed copy of the coroner's permit to cremate that authorizes the cremation shall constitute legal authorization for such cremation under this section.
(b) The provisions of this section shall be a part of and supplemental to the uniform vital statistics act.
(c) Any person who knowingly violates this section, upon conviction, shall be fined not more than $500.
History:
L. 1965, ch. 164, § 19; L. 1982, ch. 266, § 1; L. 1993, ch. 214, § 13; L. 2014, ch. 128, § 5; L. 2021, ch. 59, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 24 - Uniform Vital Statistics Act › 65-2427 Foreign permit for removal, burial, or other disposition of body.

65-2427.
Foreign permit for removal, burial, or other disposition of body.
When death or stillbirth occurs outside this state and the body is accompanied by a permit for burial, removal or other disposition issued in accordance with the law and regulations in force where the death or stillbirth occurred, the permit shall authorize the transportation of the body into or through this state.
History:
L. 1951, ch. 355, § 27; L. 1982, ch. 266, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 24 - Uniform Vital Statistics Act › 65-2428a Permit for transportation of dead body to location outside state.

65-2428a.
Permit for transportation of dead body to location outside state.
No dead body located in this state shall be transported to a location outside the boundaries of this state, either by commercial or private conveyance, without a permit issued by a funeral director or the state registrar on a form provided by the state registrar.
This section shall be a part of and supplemental to the uniform vital statistics act.
History:
L. 1982, ch. 266, § 4; L. 1990, ch. 226, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 24 - Uniform Vital Statistics Act › 65-2433 Registration of divorces, annulments and adoptions.

65-2433.
Registration of divorces, annulments and adoptions.
For each divorce, annulment of marriage, adoption or annulment of adoption, the clerk of the court shall prepare within thirty (30) days after the decree becomes final, certificate of such decree on a form furnished by the state registrar and before the fifteenth (15th) day of each calendar month the clerk shall forward to the state registrar the certificates prepared by him during the preceding calendar month.
History:
L. 1951, ch. 355, § 33; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 24 - Uniform Vital Statistics Act › 65-2434 Crimes, prosecution, penalties.

65-2434. Crimes, prosecution, penalties.
(a) Vital records identity fraud related to birth, death, marriage and divorce certificates shall be prosecuted pursuant to K.S.A. 21-5918, and amendments thereto.
(b) Any person who knowingly transports or accepts for transportation, a dead body located in this state to a location outside the boundaries of this state without an accompanying permit issued in accordance with the provisions of K.S.A. 65-2428a, and amendments thereto, shall be guilty of a class C misdemeanor.
(c) Except where a different penalty is provided in this section, any person who violates any of the provisions of this act or neglects or refuses to perform any of the duties imposed upon such person by this act, shall be fined not more than $200.
History:
L. 1951, ch. 355, § 34; L. 1982, ch. 266, § 3; L. 2002, ch. 160, § 6; L. 2005, ch. 131, § 3; L. 2011, ch. 30, § 240; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 24 - Uniform Vital Statistics Act › 65-2435 Invalidity of part.

65-2435.
Invalidity of part.
If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect 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.
History:
L. 1951, ch. 355, § 35; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 24 - Uniform Vital Statistics Act › 65-2436 Uniformity of interpretation.

65-2436.
Uniformity of interpretation.
This act shall be so construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
History:
L. 1951, ch. 355, § 36; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 24 - Uniform Vital Statistics Act › 65-2438 Notification of person transporting dead body for disposition that deceased had an infectious or contagious disease; form; notification of embalmer, funeral director or other person taking possession of body; confidential information; penalties for violations; "infectious or contagious disease" defined.

65-2438.
Notification of person transporting dead body for disposition that deceased had an infectious or contagious disease; form; notification of embalmer, funeral director or other person taking possession of body; confidential information; penalties for violations; "infectious or contagious disease" defined.
(a) When a person who has been diagnosed as having an infectious or contagious disease dies, the attending physician or, if there is no attending physician, the director of nursing, or the director's designee, at a medical care facility or adult care home, if the person dies at the medical care facility or adult care home, or a family member or person making arrangements for the disposition of the dead body who knows of such diagnosis, shall indicate, on a form promulgated by the secretary, that the deceased person had an infectious or contagious disease. The completed form shall accompany the body when it is transported for disposition.
(b) Any person who transports a dead body for disposition and who has been notified pursuant to the provisions of subsection (a) that the deceased person had been diagnosed as having an infectious or contagious disease shall present notification thereof accompanying the dead body to any embalmer, funeral director or other person taking possession of the dead body.
(c) Any person who completes the form required in subsection (a) in good faith and without malice shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed in an action resulting from such report.
(d) Any information relating to an infectious or contagious disease which is required to be disclosed or communicated under subsections (a) and (b) shall be confidential and shall not be disclosed or made public beyond the disclosure necessary under subsections (a) and (b).
(e) Any person required to perform duties specified under subsection (a) or (b) who knowingly refuses or omits to perform such duties is guilty of a class C misdemeanor. Any person who violates any provision of subsection (d) shall be guilty of a class C misdemeanor.
(f) As used in this section, "infectious or contagious disease" means the disease acquired immune deficiency syndrome, human immunodeficiency virus and any other causative agent of acquired immune deficiency syndrome and any disease designated as infectious or contagious by the secretary of health and environment by rules and regulations under K.S.A. 65-128 and amendments thereto.
History:
L. 1988, ch. 232, § 8; L. 1994, ch. 135, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 24 - Uniform Vital Statistics Act › 65-2440 Certificate of birth resulting in stillbirth.

65-2440. Certificate of birth resulting in stillbirth.
(a) A certificate of birth resulting in stillbirth shall be established by the state registrar.
(b) The certificate of birth resulting in stillbirth shall contain personal and demographic information describing the stillbirth event and shall not contain any information relating to the child's death.
(c) The certificate of birth resulting in stillbirth is not proof of a live birth.
(d) This section shall be part of and supplemental to the uniform vital statistics act, K.S.A. 65-2401 et seq., and amendments thereto.
History:
L. 2014, ch. 128, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 27 - Hazardous Household Articles › 65-2701 Hazardous household articles; definitions.

65-2701.
Hazardous household articles; definitions.
For the purposes of this act, the term "hazardous household article" means: Any article which purports to be useful in the accomplishment of any domestic task, any article for personal use, or any toy, which is a substance or which contains substances that may be injurious to human beings. "Hazardous household article" does not include the following: Foods, drugs or cosmetics as defined in K.S.A. 65-656, and amendments thereto; agricultural chemicals as defined in K.S.A. 2-2202, and amendments thereto; livestock remedies as defined in K.S.A. 47-501 prior to its repeal; or state pharmacy act definitions included in K.S.A. 65-1626, and amendments thereto.
History:
L. 1957, ch. 341, § 1; L. 2002, ch. 25, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 27 - Hazardous Household Articles › 65-2702 Powers and duties of secretary of health and environment.

65-2702.
Powers and duties of secretary of health and environment.
It shall be the duty of the secretary of health and environment to inquire into the composition of hazardous household articles, to determine their potentialities for harm, and take such steps as may be deemed necessary to protect the public from the use of hazardous household articles. To accomplish this end, the secretary is authorized to take samples and cause them to be analyzed, to review labeling and advertising, and to require disclosure for formulas when necessary in the public interest.
History: L. 1957, ch. 341, § 2; L. 1975, ch. 462, § 102; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 27 - Hazardous Household Articles › 65-2703 Rules and regulations, filing.

65-2703.
Rules and regulations, filing.
The secretary of health and environment is authorized to adopt such rules and regulations as are necessary to protect the public from improper use of poisonous household articles, and as are necessary to administer the provisions of this act; such rules and regulations may include requirements for: Cautionary labeling, the setting out on labels of specific toxic ingredients, adequate directions for safe use, specific warnings against common types of misuse, specific prohibition of sale of articles which are inherently so hazardous that they are unsafe for domestic use under any type of labeling. Such rules and regulations shall be filed in the office of the secretary of state, as required by law.
History:
L. 1957, ch. 341, § 3; L. 1965, ch. 506, § 33; L. 1975, ch. 462, § 103; L. 1988, ch. 366, § 18; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 27 - Hazardous Household Articles › 65-2704 Unlawful acts; penalties.

65-2704.
Unlawful acts; penalties.
It shall be unlawful for any person, firm, association, partnership or corporation to hold for sale, offer for sale or sell any household article in violation of any regulation adopted as authorized under the provisions of this act. Any person, firm, association, partnership or corporation who shall violate any regulation adopted by the board shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment in the county jail for not more than sixty (60) days, or by both such fine and imprisonment: Provided, That after a first conviction of a violation of any regulation of the board adopted under the provisions of this act, convictions for subsequent violations of the regulations adopted hereunder shall be punished by a fine of not more than one thousand dollars ($1000) or by imprisonment for not exceeding one (1) year, or by both such fine and imprisonment.
History:
L. 1957, ch. 341, § 4; June 29.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2801 Purpose.

65-2801.
Purpose.
Recognizing that the practice of the healing arts is a privilege granted by legislative authority and is not a natural right of individuals, it is deemed necessary as a matter of policy in the interests of public health, safety and welfare, to provide laws and provisions covering the granting of that privilege and its subsequent use, control and regulation to the end that the public shall be properly protected against unprofessional, improper, unauthorized and unqualified practice of the healing arts and from unprofessional conduct by persons licensed to practice under this act.
History:
L. 1957, ch. 343, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2802 Definitions.

65-2802. Definitions.
For the purpose of this act the following definitions shall apply:
(a) The healing arts include any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, alteration or enhancement of a condition or appearance and includes specifically, but not by way of limitation, the practice of medicine and surgery; the practice of osteopathic medicine and surgery; and the practice of chiropractic.
(b) "Board" shall mean the state board of healing arts.
(c) "License," unless otherwise specified, shall mean a license to practice the healing arts granted under this act.
(d) "Licensed" or "licensee," unless otherwise specified, shall mean a person licensed under this act to practice medicine and surgery, osteopathic medicine and surgery or chiropractic.
(e) "Healing arts school" shall mean an academic institution which grants a doctor of chiropractic degree, doctor of medicine degree or doctor of osteopathy degree.
(f) Wherever the masculine gender is used, it shall be construed to include the feminine, and the singular number shall include the plural when consistent with the intent of this act.
History:
L. 1957, ch. 343, § 2; L. 1976, ch. 273, § 1; L. 2007, ch. 42, § 1; L. 2014, ch. 131, § 5; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2803 Prerequisite to practice a profession regulated by the board; exceptions; penalties.

65-2803. Prerequisite to practice a profession regulated by the board; exceptions; penalties.
(a) Unless otherwise specified by the board or as provided in K.S.A. 2023 Supp. 65-28,134, and amendments thereto, it shall be unlawful for any person who does not have a license, registration, permit or certificate to engage in the practice of any profession regulated by the board or whose license, registration, permit or certificate to practice has been revoked or suspended to engage in the practice of any profession regulated by the board.
(b) This section shall not apply to any healthcare provider who in good faith renders emergency care or assistance at the scene of an emergency or accident as authorized by K.S.A. 65-2891, and amendments thereto.
(c) The commission of any act or practice declared to be a violation of this section may render the violator liable to the state or county for the payment of a civil penalty of up to $1,000 per day for each day a person engages in the unlawful practice of a profession regulated by the board. In addition to such civil penalty, such violator may be assessed reasonable costs of investigation and prosecution.
(d) Violation of this section is a severity level 10, nonperson felony.
History:
L. 1957, ch. 343, § 3; L. 1992, ch. 32, § 1; L. 2014, ch. 131, § 6; L. 2019, ch. 52, § 3; March 1, 2020.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2804 Attainment of legal age required prior to receiving permanent license.

65-2804.
Attainment of legal age required prior to receiving permanent license.
No person shall receive a permanent license under this act until the person has furnished satisfactory evidence to the board that the person has attained legal age.
History:
L. 1957, ch. 343, § 4; L. 1969, ch. 299, § 1; L. 1972, ch. 231, § 7; L. 1976, ch. 273, § 2; L. 1983, ch. 213, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2806 Form and type of license.

65-2806.
Form and type of license.
Every license to practice a branch of the healing arts shall be in the form of a certificate and of a type prescribed by the board.
History:
L. 1957, ch. 343, § 6; L. 1976, ch. 273, § 3; February 13.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2807 License presumptive evidence of right to practice.

65-2807.
License presumptive evidence of right to practice.
Every license issued under this act shall be presumptive evidence of the right of the holder to practice that branch of the healing arts and only such branch as is specified therein. The records of the board shall reflect the type of license issued to each applicant.
History:
L. 1957, ch. 343, § 7; L. 1976, ch. 273, § 4; February 13.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2808 Filing names and records of applicants for examination; index; record of licenses issued; application forms; records open to public inspection.

65-2808.
Filing names and records of applicants for examination; index; record of licenses issued; application forms; records open to public inspection.
The name, age, place of birth, current address, school, and date of graduation, and date of license, if one be issued, with rating or grades received, of all applicants for examination shall be filed in the office of the board, which office shall be located in the city of Topeka. The names of applicants shall be appropriately indexed, and all other records relating to that application or license granted shall be given the same designation. A suitable record shall also be kept of those granted licenses. Applications shall be upon forms prepared by the board, and completed applications shall be retained as a part of its permanent records. All applications based on licenses granted in other states shall be received upon forms prepared by the board and entered as near as may be in the same form as are those applying for examinations. In addition to the date of license, the length of time of practice in all other states shall be given and entered. All such records shall be open to public inspection under proper regulations adopted by the board.
History: L. 1957, ch. 343, § 8; L. 1975, ch. 325, § 1; L. 1976, ch. 273, § 5; February 13.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2811 Issuance of temporary permits; postgraduate permits.

65-2811.
Issuance of temporary permits; postgraduate permits.
(a) The board may issue a temporary permit to practice the appropriate branch of the healing arts to any person who has made proper application for a license by endorsement, has the required qualifications for such license and has paid the prescribed fees, and such permit, when issued, shall authorize the person receiving the permit to practice within the limits of the permit until the license is issued or denied by the board, but no more than one such temporary permit shall be issued to any one person without the approval of 2/3 of the members of the board.
(b) The board may issue a postgraduate permit to practice the appropriate branch of the healing arts to any person who is engaged in a full time, approved postgraduate training program; has made proper application for such postgraduate permit upon forms approved by the board; meets all qualifications of licensure, except the examinations required under K.S.A. 65-2873 and amendments thereto and postgraduate training, as required by this act; has paid the prescribed fees established by the board for such postgraduate permit; has passed such examinations in the basic and clinical sciences approved under rules and regulations adopted by the board; and, if the person is a graduate of a foreign medical school, has passed an examination given by the educational commission for foreign medical graduates.
(c) The postgraduate permit issued under subsection (b) shall authorize the person receiving the permit to practice the appropriate branch of the healing arts in the postgraduate training program while continuously so engaged but shall not authorize the person receiving the permit to engage in the private practice of the healing arts.
(d) A postgraduate permit issued under subsection (b) shall be canceled if:
(1) The holder thereof ceases to be engaged in the postgraduate training program; or
(2) the holder thereof has engaged in the practice of the healing arts outside of the postgraduate training program.
History: L. 1957, ch. 343, § 11; L. 1969, ch. 299, § 3; L. 1970, ch. 260, § 1; L. 1976, ch. 273, § 7; L. 1984, ch. 235, § 1; L. 1985, ch. 216, § 1; L. 1987, ch. 240, § 3; L. 1988, ch. 251, § 1; L. 1989, ch. 196, § 4; L. 1995, ch. 82, § 2; L. 2000, ch. 141, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2812 State board of healing arts; membership; appointment.

65-2812. State board of healing arts; membership; appointment.
For the purpose of administering the provisions of this act, the governor shall appoint a state board of healing arts consisting of 15 members. At least 30 days before the expiration of any term, other than that of the member appointed from the general public, the professional society or association shall submit to the governor a list of three or more names of persons of recognized ability who have the qualifications prescribed for board members for each member of the board who will be appointed from its branch of the healing arts. The governor shall consider the list of persons in making the appointment to the board. In case of a vacancy on the board, other than that of the member appointed from the general public and the licensed podiatrist member of the board, prior to the expiration of a term of office, the governor shall appoint a qualified successor to fill the unexpired term, and in making the appointment the governor shall give consideration to the list of persons last submitted to the governor.
History:
L. 1957, ch. 343, § 12; L. 1969, ch. 299, § 4; L. 1975, ch. 325, § 2; L. 1976, ch. 273, § 8; L. 1978, ch. 308, § 51; L. 1982, ch. 347, § 25; L. 1986, ch. 229, § 35; L. 1988, ch. 246, § 16; L. 1992, ch. 116, § 30; L. 2014, ch. 131, § 8; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2813 State board of healing arts; qualifications of members.

65-2813.
State board of healing arts; qualifications of members.
Five members of the board shall hold a degree of doctor of medicine from an accredited medical school and shall be residents of and have been actively engaged in the practice of medicine and surgery in the state of Kansas under license issued in this state, for a period of at least six consecutive years immediately preceding their appointment; three members shall hold a degree of doctor of osteopathy from an accredited school of osteopathic medicine and surgery and shall be residents of and have been actively engaged in the practice of osteopathic medicine and surgery in the state of Kansas under license issued in this state, for a period of at least six consecutive years immediately preceding their appointment; three members shall hold a degree of doctor of chiropractic from an accredited school of chiropractic and shall be residents of and have been actively engaged in the practice of chiropractic in the state of Kansas under license issued in this state, for a period of at least six consecutive years immediately preceding their appointment; one member shall be a licensed podiatrist and shall be a resident of and have been actively engaged in the practice of podiatry in the state of Kansas under license issued in this state for a period of at least six consecutive years immediately preceding appointment; and three members shall be appointed to represent the general public of this state. Subject to the provisions of K.S.A. 1992 Supp. 75-4315c, no two of the members representing the general public shall be from the same United States congressional district. No member representing the general public shall be the spouse of a licensee of the healing arts or a person or the spouse of a person who has a financial interest in any person's practice of the healing arts.
History:
L. 1957, ch. 343, § 13; L. 1969, ch. 299, § 5; L. 1975, ch. 325, § 3; L. 1976, ch. 273, § 9; L. 1986, ch. 229, § 36; L. 1988, ch. 246, § 17; L. 1992, ch. 262, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2814 Same; terms of members; vacancies.

65-2814.
Same; terms of members; vacancies.
Whenever a vacancy occurs in the membership of the board, the governor shall appoint a successor of like qualifications. All appointments made shall be for a term of four years, but no member shall be appointed for more than three successive four-year terms. Each member shall serve until a successor is appointed and qualified. Whenever a vacancy occurs in the membership of the board for any reason other than the expiration of a member's term of office, the governor shall appoint a successor of like qualifications to fill the unexpired term.
History:
L. 1957, ch. 343, § 14; L. 1969, ch. 299, § 6; L. 1970, ch. 260, § 2; L. 1975, ch. 325, § 4; L. 1976, ch. 273, § 10; L. 1986, ch. 229, § 37; L. 1987, ch. 240, § 5; January 1, 1988.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2817 Same; removal from office by governor, when.

65-2817.
Same; removal from office by governor, when.
The governor shall have the power to remove from office at any time any member of the board for continued neglect of duty, for incompetency, or for unprofessional conduct as that term is defined in this act.
History:
L. 1957, ch. 343, § 17; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2818 Same; annual election of officers; powers and duties; position of secretary of board abolished.

65-2818.
Same; annual election of officers; powers and duties; position of secretary of board abolished.
(a) The board shall organize annually at its first meeting subsequent to July 1 and shall select a president and vice-president from its own membership. The president and vice-president shall have the power to administer oaths pertaining to the business of the board.
(b) The position of secretary of the state board of healing arts is hereby abolished. Whenever the secretary of the state board of healing arts, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the president of the board.
History:
L. 1957, ch. 343, § 18; L. 1987, ch. 240, § 6; January 1, 1988.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2819 Same; seal; rules; oath; meetings.

65-2819.
Same; seal; rules; oath; meetings.
The board shall have a common seal and shall formulate rules to govern its actions. Each member of the board shall take and subscribe the oaths prescribed by law for state officers. The board shall hold an annual meeting and such additional meetings as the board may designate.
History:
L. 1957, ch. 343, § 19; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2821 Same; filing oaths.

65-2821.
Same; filing oaths.
The oaths provided for herein shall be filed in the office of the secretary of state.
History:
L. 1957, ch. 343, § 21; L. 1967, ch. 434, § 18; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2823 Same; compensation and expenses of members.

65-2823.
Same; compensation and expenses of members.
Members of the board attending meetings of such board, or attending a subcommittee meeting thereof authorized by the board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto.
History:
L. 1957, ch. 343, § 23; L. 1969, ch. 299, § 7; L. 1974, ch. 348, § 27; L. 1987, ch. 240, § 7; January 1, 1988.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2824 Application for examination, contests; fees; documents and affidavits.

65-2824.
Application for examination, contests; fees; documents and affidavits.
Any person desiring to take the examination for a license hereunder shall make application to the board on a form provided by the board and sworn to by the applicant. Such application shall specify that branch of the healing arts in which the applicant desires to be examined and shall be accompanied by the prescribed examination fee and such documents and affidavits as are necessary to show the eligibility of the candidate to take such examination. All applications shall be filed in the form, within the time, and in accordance with the rules of the board.
History:
L. 1957, ch. 343, § 24; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2825 Accredited schools; list.

65-2825.
Accredited schools; list.
The board shall prepare and keep up to date a list of accredited healing arts schools, but no school shall be accredited without the formal action of the board. Any such school whose graduates or students desire to take the examination in this state shall supply the board with the necessary data to allow it to determine whether such school should be accredited.
History:
L. 1957, ch. 343, § 25; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2826 Where and when examinations held.

65-2826.
Where and when examinations held.
The sessions for the purpose of giving examinations shall be held at such times and places as the board may fix and not to exceed four in any one year.
History:
L. 1957, ch. 343, § 26; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2827 List of eligible applicants prior to examinations.

65-2827.
List of eligible applicants prior to examinations.
Prior to each examination the board shall prepare a list of applicants who are eligible to take the examination.
History:
L. 1957, ch. 343, § 27; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2828 Rules and regulations designating examinations and passing grade; reexamination.

65-2828.
Rules and regulations designating examinations and passing grade; reexamination.
(a) The board shall adopt rules and regulations designating the examinations required under K.S.A. 65-2873 and amendments thereto and the passing grade on each examination.
(b) Any applicant who fails any examination required under K.S.A. 65-2873 and amendments thereto may have a reexamination in accordance with criteria established by rules and regulations of the board, which criteria may limit the number of times an applicant may retake the examination until the applicant has submitted evidence acceptable to the board of further professional study.
History:
L. 1957, ch. 343, § 28; L. 1978, ch. 249, § 1; L. 1995, ch. 82, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2832 Preservation of examination results; availability.

65-2832.
Preservation of examination results; availability.
The results of any examination for a license shall be preserved for two (2) years. During this time the results of an examination shall be available to the applicant or the duly authorized representative of the applicant under regulations prescribed by the board.
History:
L. 1957, ch. 343, § 32; L. 1976, ch. 273, § 12; L. 1978, ch. 249, § 2; February 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2833 Endorsement licenses; requirements; rules and regulations.

65-2833. Endorsement licenses; requirements; rules and regulations.
The board, without examination, may issue a license to a person who has been in the active practice of a branch of the healing arts in some other state, territory, the District of Columbia or other country upon certificate of the proper licensing authority of that state, territory, District of Columbia or other country certifying that the applicant is duly licensed, that the applicant's license has never been limited, suspended or revoked, that the licensee has never been censured or had other disciplinary action taken and that, so far as the records of such authority are concerned, the applicant is entitled to its endorsement. The applicant shall also present proof satisfactory to the board:
(a) That the state, territory, District of Columbia or country in which the applicant last practiced has and maintains standards at least equal to those maintained by Kansas.
(b) That the applicant's original license was based upon an examination at least equal in quality to the examination required in this state and that the passing grade required to obtain such original license was comparable to that required in this state.
(c) Of the date of the applicant's original and any and all endorsed licenses and the date and place from which any license was attained.
(d) That the applicant has been actively engaged in practice under such license or licenses since issued. The board may adopt rules and regulations establishing qualitative and quantitative practice activities which qualify as active practice.
(e) That the applicant has a reasonable ability to communicate in English.
An applicant for a license by endorsement shall not be licensed unless, as determined by the board, the applicant's individual qualifications are substantially equivalent to the Kansas legal requirements.
In lieu of any other requirement prescribed by law for satisfactory passage of any examination in any branch of the healing arts the board may accept evidence satisfactory to it that the applicant or licensee has satisfactorily passed an equivalent examination given by a national board of examiners in chiropractic, osteopathic medicine and surgery or medicine and surgery as now required by Kansas statutes for endorsement from other states.
History:
L. 1957, ch. 343, § 33; L. 1965, ch. 382, § 9; L. 1969, ch. 299, § 9; L. 1976, ch. 273, § 13; L. 1979, ch. 198, § 1; L. 1986, ch. 229, § 40; L. 2014, ch. 131, § 9; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2835 Certificate of standing; application; fee.

65-2835.
Certificate of standing; application; fee.
Any licensee shall receive, upon application to the board and the payment of the required fee, a certified statement that the licensee is a duly licensed practitioner in the branch of the healing arts for which he or she is licensed in this state.
History:
L. 1957, ch. 343, § 35; L. 1979, ch. 198, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2837a Restrictions on prescribing, ordering, dispensing, administering, selling, supplying or giving certain amphetamine or sympathomimetic amine controlled substances; unprofessional conduct.

65-2837a. Restrictions on prescribing, ordering, dispensing, administering, selling, supplying or giving certain amphetamine or sympathomimetic amine controlled substances; unprofessional conduct.
(a) It shall be unlawful for any person licensed to practice medicine and surgery to prescribe, order, dispense, administer, sell, supply or give or for a mid-level practitioner as defined in K.S.A. 65-1626, and amendments thereto, to prescribe, administer, supply or give any amphetamine or sympathomimetic amine designated in schedule II, III or IV under the uniform controlled substances act, except as provided in this section. Failure to comply with this section by a licensee shall constitute unprofessional conduct under K.S.A. 65-2837, and amendments thereto.
(b) When any licensee prescribes, orders, dispenses, administers, sells, supplies or gives or when any mid-level practitioner as defined in K.S.A. 65-1626, and amendments thereto, prescribes, administers, sells, supplies or gives any amphetamine or sympathomimetic amine designated in schedule II, III or IV under the uniform controlled substances act, the patient's medical record shall adequately document the purpose for which the drug is being given. Such purpose shall be restricted to one or more of the following:
(1) The treatment of narcolepsy.
(2) The treatment of drug-induced brain dysfunction.
(3) The treatment of attention-deficit/hyperactivity disorder.
(4) The differential diagnostic psychiatric evaluation of depression.
(5) The treatment of depression shown by adequate medical records and documentation to be unresponsive to other forms of treatment.
(6) The clinical investigation of the effects of such drugs or compounds, in which case, before the investigation is begun, the licensee shall, in addition to other requirements of applicable laws, apply for and obtain approval of the investigation from the state board of healing arts.
(7) The treatment of obesity with controlled substances, as may be defined by rules and regulations adopted by the board of healing arts.
(8) The treatment of binge eating disorder.
(9) The treatment of any other disorder or disease for which such drugs or compounds have been found to be safe and effective by competent scientific research that has been generally accepted by the scientific community, in which case, the licensee before prescribing, ordering, dispensing, administering, selling, supplying or giving the drug or compound for a particular condition, or the licensee before authorizing a mid-level practitioner to prescribe the drug or compound for a particular condition, shall obtain a determination from the board of healing arts that the drug or compound can be used for that particular condition.
History:
L. 1984, ch. 237, § 1; L. 1997, ch. 57, § 1; L. 1999, ch. 115, § 12; L. 2007, ch. 18, § 1; L. 2016, ch. 95, § 1; L. 2017, ch. 34, § 21; April 20.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2838 Disciplinary action against licensee, registrant, permit holder or certificate holder; procedure; stipulations; temporary suspension or limitation; emergency proceedings; guidelines for use of controlled substances for treatment of pain; written advisory opinions.

65-2838. Disciplinary action against licensee, registrant, permit holder or certificate holder; procedure; stipulations; temporary suspension or limitation; emergency proceedings; guidelines for use of controlled substances for treatment of pain; written advisory opinions.
(a) The board shall have jurisdiction of proceedings to take disciplinary action authorized by the applicable practice act. Unless otherwise specified, any such action shall be taken in accordance with the provisions of the Kansas administrative procedure act.
(b) Either before or after formal charges have been filed, the board and the licensee, registrant, permit holder or certificate holder may enter into a stipulation which shall be binding upon the board and the person entering into such stipulation, and the board may enter its findings of fact and enforcement order based upon such stipulation without the necessity of filing any formal charges or holding hearings in the case. An enforcement order based upon a stipulation may order any disciplinary action authorized by the applicable practice act against the person entering into such stipulation.
(c) The board may temporarily suspend or temporarily limit the license, registration, permit or certificate of any licensee, registrant, permit holder or certificate holder in accordance with the emergency adjudicative proceedings under the Kansas administrative procedure act if the board determines that there is cause to believe that grounds exist for disciplinary action authorized by the applicable practice act against the person and that the person's continuation in practice would constitute an imminent danger to the public health and safety.
(d) The board shall adopt guidelines for the use of controlled substances for the treatment of pain.
(e) Upon request of another regulatory or enforcement agency, or a licensee, the board may render a written advisory opinion indicating whether the licensee has prescribed, dispensed, administered or distributed controlled substances in accordance with the treatment of pain guidelines adopted by the board.
History:
L. 1957, ch. 343, § 38; L. 1976, ch. 273, § 16; L. 1978, ch. 250, § 1; L. 1979, ch. 198, § 5; L. 1984, ch. 238, § 12; L. 1984, ch. 313, § 118; L. 1986, ch. 229, § 43; L. 2006, ch. 110, § 6; L. 2014, ch. 131, § 12; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2838a Non-disciplinary resolution; procedure.

65-2838a. Non-disciplinary resolution; procedure.
(a) The board or a committee of the board, as a non-disciplinary resolution, may enter into a written agreement with a licensee, registrant, permit holder or certificate holder for a professional development plan, make written recommendations to the person or issue a written letter of concern to the person if the board or committee of the board determines that the person:
(1) Seeks to establish continued competency for renewal other than through continued education requirements established pursuant to the applicable practice act;
(2) has been absent from clinical practice for an extended period of time and seeks to resume clinical practice;
(3) has failed to adhere to the applicable standard of care but not to a degree constituting professional incompetence, as defined by the applicable practice act; or
(4) has engaged in an act or practice that, if continued, would reasonably be expected to result in future violations of the applicable practice act.
(b) Notwithstanding any other provision of law, a meeting of the board or a committee of the board, for the purpose of discussing or adopting a non-disciplinary resolution authorized by this section shall not be subject to the Kansas administrative procedures act, K.S.A. 77-501 et seq., and amendments thereto, and shall not be subject to the Kansas open meetings act as provided in K.S.A. 75-4317 et seq., and amendments thereto. A non-disciplinary resolution authorized by this section shall not be deemed disciplinary action or other order or adjudication. No failure to adhere to the applicable standard of care or violation of the Kansas healing arts act may be implied by the adoption of a non-disciplinary resolution.
(c) A non-disciplinary resolution authorized by this section shall be confidential in the manner provided by K.S.A. 65-2898a, and amendments thereto, and shall not be admissible in any civil, criminal or administrative action, except that such resolution shall be admissible in any disciplinary proceeding by the board.
(d) This section shall be part of and supplemental to the Kansas healing arts act.
History:
L. 2008, ch. 154, § 1; L. 2014, ch. 131, § 13; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2840a Disciplinary counsel; appointment; qualifications; duties; application for subpoenas; staff; rules and regulations.

65-2840a. Disciplinary counsel; appointment; qualifications; duties; application for subpoenas; staff; rules and regulations.
The state board of healing arts shall appoint a disciplinary counsel, who shall not otherwise be an attorney for the board, with the duties set out in this act. The disciplinary counsel shall be an attorney admitted to practice law in the state of Kansas. The disciplinary counsel shall have the power and the duty to investigate or cause to be investigated all matters involving professional incompetency, unprofessional conduct or any other matter which may result in disciplinary action against a licensee, registrant, permit holder or certificate holder pursuant to the applicable practice act. In the performance of these duties, the disciplinary counsel may apply to any court having power to issue subpoenas for an order to require by subpoena the attendance of any person or by subpoena duces tecum the production of any records for the purpose of the production of any information pertinent to an investigation. Subject to approval by the state board of healing arts, the disciplinary counsel shall employ clerical and other staff necessary to carry out the duties of the disciplinary counsel. The state board of healing arts may adopt rules and regulations necessary to allow the disciplinary counsel to properly perform the functions of such position under this act.
History:
L. 1984, ch. 238, § 8; L. 1986, ch. 229, § 44; L. 2014, ch. 131, § 15; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2840c Review committees; establishment; composition; expenses.

65-2840c.
Review committees; establishment; composition; expenses.
Review committees shall be established and appointed by the state board of healing arts for each branch of the healing arts as necessary to advise the board in carrying out the provisions of this act. Each review committee shall be composed of three members and designated alternates. Each of the members and their designated alternates shall serve for a period of two years, all of whom shall be licensed by the board to practice the branch of the healing arts for which the review committee is established. Members of the state board of healing arts shall not be eligible to act as members of the review committee. Members may be selected from names submitted by the state professional association for the branch of healing arts involved. The members of such review committees attending meetings of any review committees shall be paid compensation, subsistence allowances, mileage and expenses as provided by K.S.A. 75-3223 and amendments thereto.
History:
L. 1984, ch. 238, § 10; L. 1997, ch. 94, § 7; April 17.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2844 Reinstatement of license, registration, permit or certificate; application; burden of proof; reapplication for reinstatement, when; proceedings.

65-2844. Reinstatement of license, registration, permit or certificate; application; burden of proof; reapplication for reinstatement, when; proceedings.
A person whose license, registration, permit or certificate has been revoked may apply for reinstatement after the expiration of three years from the effective date of the revocation. Application for reinstatement shall be on a form provided by the board and shall be accompanied by a reinstatement of a revoked license, registration, permit or certificate fee established by the board under the applicable practice act. The burden of proof by clear and convincing evidence shall be on the applicant to show sufficient rehabilitation to justify reinstatement. If the board determines a license, registration, permit or certificate should not be reinstated, the person shall not be eligible to reapply for reinstatement for three years from the effective date of the denial. All proceedings conducted on an application for reinstatement shall be in accordance with the provisions of the Kansas administrative procedure act and shall be reviewable in accordance with the Kansas judicial review act. The board, on its own motion, may stay the effectiveness of an order of revocation of license, registration, permit or certificate.
History:
L. 1957, ch. 343, § 44; L. 1976, ch. 273, § 20; L. 1984, ch. 313, § 120; L. 1987, ch. 240, § 8; L. 1991, ch. 193, § 1; L. 2010, ch. 17, § 139; L. 2014, ch. 131, § 17; July 1, 2015.