reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28a - Physician Assistants › 65-28a13 Physician assistant ownership limitations in professional corporations.

65-28a13.
Physician assistant ownership limitations in professional corporations.
(a) The state board of healing arts shall adopt rules and regulations to limit the percentage of ownership when a licensed physician assistant forms a professional corporation pursuant to K.S.A. 17-2706 et seq., and amendments thereto, in combination with other professional services.
(b) This section shall be part of and supplemental to the physician assistant licensure act.
History:
L. 2004, ch. 143, § 105; January 1, 2005.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28a - Physician Assistants › 65-28a14 Criminal and civil penalties for violations of act.

65-28a14. Criminal and civil penalties for violations of act.
(a) Any violation of the provisions of the physician assistant licensure act shall constitute a class B misdemeanor.
(b) When it appears to the board that any person is violating any of the provisions of the physician assistant licensure act, the board may bring an action in the name of the state in a court of competent jurisdiction for an injunction against such violation, without regard to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
(c) The board, in addition to any other penalty prescribed under the physician assistant licensure act, may assess a civil fine, after proper notice and an opportunity to be heard, against a licensee for a violation of the physician assistant licensure act in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(d) Costs assessed by the board pursuant to subsection (c) shall be considered costs in an administrative matter pursuant to 11 U.S.C. § 523. If the board is the unsuccessful party, the costs shall be paid from the healing arts fee fund.
(e) This section shall be part of and supplemental to the physician assistant licensure act.
(f) This section shall take effect on and after July 1, 2015.
History:
L. 2014, ch. 131, § 56; May 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28a - Physician Assistants › 65-28a15 Changes in licensee's address; penalties; costs.

65-28a15. Changes in licensee's address; penalties; costs.
(a) It shall be the duty of each licensee to notify the board in writing within 30 days of any changes in the licensee's home mailing address or primary practice mailing address.
(b) In addition to any other penalty prescribed under the physician assistant licensure act, the board may assess a civil fine for a violation of subsection (a) in an amount not to exceed $100 for a first violation and $150 for each subsequent violation.
(c) Costs assessed by the board pursuant to subsection (b), shall be considered costs in an administrative matter pursuant to 11 U.S.C. § 523. If the board is an unsuccessful party, the costs shall be paid from the healing arts fee fund.
(d) This section shall be part of and supplemental to the physician assistant licensure act.
(e) This section shall take effect on and after July 1, 2015.
History:
L. 2014, ch. 131, § 57; May 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28a - Physician Assistants › 65-28a16 License by endorsement.

65-28a16. License by endorsement.
(a) There is hereby created a license by endorsement. The board is authorized to issue a license by endorsement without examination to a person who has been in active practice as a physician assistant in some other state, territory, 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:
(1) 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;
(2) 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;
(3) the date of the applicant's original and all endorsed licenses, and the date and place from which any license was attained;
(4) that the applicant has been actively engaged in practice under such license or licenses since issuance. The board may adopt rules and regulations establishing appropriate qualitative and quantitative practice activities to qualify as active practice; and
(5) that the applicant has a reasonable ability to communicate in English.
(b) An applicant for a license by endorsement shall not be licensed unless, as determined by the board, the applicant's qualifications are substantially equivalent to Kansas requirements. In lieu of any other requirement prescribed by law for satisfactory passage of any examination for physician assistants, the board may accept evidence demonstrating that the applicant or licensee has satisfactorily passed an equivalent examination given by a national board of examiners for physician assistants.
(c) This section shall be part of and supplemental to the physician assistant licensure act.
(d) This section shall take effect on and after July 1, 2015.
History:
L. 2014, ch. 131, § 58; May 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28b - Independent Practice Of Midwifery Act › 65-28b01 Independent practice of midwifery act; citation.

65-28b01. Independent practice of midwifery act; citation.
The provisions of K.S.A. 65-28b01 through 65-28b10, and amendments thereto, shall be known and may be cited as the independent practice of midwifery act.
History:
L. 2016, ch. 92, § 88; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28b - Independent Practice Of Midwifery Act › 65-28b02 Same; definitions.

65-28b02. Same; definitions.
As used in the independent practice of midwifery act:
(a) "Board" means the state board of healing arts.
(b) "Certified nurse-midwife" means an individual who:
(1) Is educated in the two disciplines of nursing and midwifery;
(2) is currently certified by a certifying board approved by the state board of nursing; and
(3) is currently licensed under the Kansas nurse practice act.
(c) "Independent practice of midwifery" means the provision of clinical services by a certified nurse-midwife without the requirement of a collaborative practice agreement with a person licensed to practice medicine and surgery when such clinical services are limited to those associated with a normal, uncomplicated pregnancy and delivery, including:
(1) The prescription of drugs and diagnostic tests;
(2) the performance of episiotomy or repair of a minor vaginal laceration;
(3) the initial care of the normal newborn; and
(4) family planning services, including treatment or referral of male partners for sexually-transmitted infections.
(d) The provisions of this section shall become effective on January 1, 2017.
History:
L. 2016, ch. 92, § 89; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28b - Independent Practice Of Midwifery Act › 65-28b03 Same; standards and requirements for licensure.

65-28b03. Same; standards and requirements for licensure.
(a) In order to obtain authorization to engage in the independent practice of midwifery, a certified nurse-midwife must meet the following requirements:
(1) Be licensed to practice professional nursing under the Kansas nurse practice act;
(2) have successfully completed a course of study in nurse-midwifery in a school of nurse-midwifery approved by the board;
(3) have successfully completed a national certification approved by the board;
(4) have successfully completed a refresher course as defined by rules and regulations of the board, if the individual has not been in active midwifery practice for five years immediately preceding the application;
(5) be authorized to perform the duties of a certified nurse-midwife by the state board of nursing;
(6) be licensed as an advanced practice registered nurse by the state board of nursing; and
(7) have paid all fees for licensure prescribed in K.S.A. 65-28b05, and amendments thereto.
(b) Upon application to the board by any certified nurse-midwife and upon satisfaction of the standards and requirements established under this act, the board shall grant an authorization to the applicant to engage in the independent practice of midwifery.
(c) A person whose licensure has been revoked may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, which application shall be accompanied by the fee prescribed in K.S.A. 65-28b05, and amendments thereto.
(d) The provisions of this section shall become effective on January 1, 2017.
History:
L. 2016, ch. 92, § 90; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28b - Independent Practice Of Midwifery Act › 65-28b04 Same; expiration of license.

65-28b04. Same; expiration of license.
(a) Licenses issued under this act shall expire on the date of expiration established by rules and regulations of the board, unless renewed in the manner prescribed by the board. The request for renewal shall be accompanied by the fee prescribed in K.S.A. 65-28b05, and amendments thereto.
(b) At least 30 days before the expiration of a licensee's license, the board shall notify the licensee of the expiration, by mail, addressed to the licensee's last known mailing address. If the licensee fails to submit an application for renewal on a form provided by the board, or fails to pay the renewal fee by the date of expiration, the board shall give a second notice to the licensee that the license has expired and the license may be renewed only if the application for renewal, the renewal fee, and the late renewal fee are received by the board within the 30-day period following the date of expiration and that, if both fees are not received within the 30-day period, the license shall be deemed canceled by operation of law and without further proceedings.
(c) The board may require any licensee, as a condition of renewal, to submit with the application of renewal evidence of satisfactory completion of a program of continuing education as required by rules and regulations of the board.
(d) The provisions of this section shall become effective on January 1, 2017.
History:
L. 2016, ch. 92, § 91; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28b - Independent Practice Of Midwifery Act › 65-28b05 Same; fees.

65-28b05. Same; fees.
(a) The board shall charge and collect, in advance, fees for certified nurse-midwives, as established by the board, not to exceed:
Application for license  $100
License renewal  $100
Late license renewal  $100
License reinstatement fee  $100
Revoked license fee  $100
Certified copy of license  $50
Verified copy of license  $25
(b) The board shall remit all moneys received by or for the board from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such amount shall be credited to the state general fund, and the balance shall be credited to the healing arts fee fund. All expenditures from the healing arts fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or persons designated by the president.
(c) The provisions of this section shall become effective on January 1, 2017.
History:
L. 2016, ch. 92, § 92; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28b - Independent Practice Of Midwifery Act › 65-28b06 Same; unlawful acts.

65-28b06. Same; unlawful acts.
(a) It shall be unlawful for a person to engage in the independent practice of midwifery without a collaborative practice agreement with a person licensed to practice medicine and surgery, unless such certified nurse-midwife holds a license from the state board of nursing and the board.
(b) The provisions of this section shall become effective on January 1, 2017.
History:
L. 2016, ch. 92, § 93; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28b - Independent Practice Of Midwifery Act › 65-28b07 Same; rules and regulations; standards of care.

65-28b07. Same; rules and regulations; standards of care.
(a) The board, in consultation with the state board of nursing, shall adopt rules and regulations pertaining to certified nurse-midwives engaging in the independent practice of midwifery and governing the ordering of tests, diagnostic services and prescribing of drugs and referral or transfer to physicians in the event of complications or emergencies. Such rules and regulations shall not be adopted until the state board of nursing and the board have consulted and concurred on the content of each rule and regulation. Such rules and regulations shall be adopted no later than January 1, 2017.
(b) A certified nurse midwife engaging in the independent practice of midwifery shall be subject to the provisions of the independent practice of midwifery act with respect to the ordering of tests, diagnostic services and prescribing of drugs, and shall not be subject to the provisions of K.S.A. 65-1130, and amendments thereto.
(c) The standards of care for certified nurse-midwives in the ordering of tests, diagnostic services and the prescribing of drugs shall be those standards which protect patients and shall be standards comparable to persons licensed to practice medicine and surgery providing the same services.
(d) The board is hereby authorized to solely adopt those rules and regulations necessary to administer the administrative provisions of this act.
History:
L. 2016, ch. 92, § 94; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28b - Independent Practice Of Midwifery Act › 65-28b09 Same; advisory council.

65-28b09. Same; advisory council.
(a) There is hereby established a nurse-midwives council to advise the board in carrying out the provisions of this act. The council shall consist of seven members, all residents of the state of Kansas appointed as follows: Two members shall be licensees of the board, appointed by the board, who are licensed to practice medicine and surgery and whose specialty and customary practice includes obstetrics; one member shall be the president of the board or a board member designated by the president; and four members shall be licensed certified nurse-midwives appointed by the board of nursing.
(b) If a vacancy occurs on the council, the appointing authority of the position which has become vacant shall appoint a person of like qualifications to fill the vacant position for the unexpired term, if any.
History:
L. 2016, ch. 92, § 96; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28b - Independent Practice Of Midwifery Act › 65-28b10 Same; abortion not authorized.

65-28b10. Same; abortion not authorized.
(a) Nothing in the independent practice of midwifery act should be construed to authorize a certified nurse-midwife engaging in the independent practice of midwifery under such act to perform, induce or prescribe drugs for an abortion.
(b) The provisions of this section shall become effective on January 1, 2017.
History:
L. 2016, ch. 92, § 97; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2903 Physical therapy advisory council; membership; qualifications.

65-2903.
Physical therapy advisory council; membership; qualifications.
There is hereby created a physical therapy advisory council to assist the board in carrying out the provisions of this law. The council shall consist of five members, citizens and residents of the state of Kansas, three of whom shall be physical therapists, one of whom shall be a physician licensed by the board to practice medicine and surgery and one of whom shall be a member of such board.
History:
L. 1963, ch. 318, § 3; L. 1973, ch. 253, § 2; L. 1978, ch. 308, § 52; L. 1981, ch. 299, § 50; L. 1983, ch. 215, § 2; L. 1987, ch. 240, § 15; L. 2003, ch. 128, § 2; April 1, 2004.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2904 Same; terms; oath.

65-2904.
Same; terms; oath.
The council shall be appointed as follows: The board shall appoint one physician licensed to practice medicine and surgery and one member of the board, and the governor shall appoint three physical therapists who are duly licensed physical therapists who have at least three years' experience in physical therapy immediately preceding the appointment and are actively engaged, in this state, in physical therapy. The foregoing appointees shall constitute the council. Except as otherwise provided in this section, the members appointed in accordance with this section shall be appointed for terms of four years and shall serve until their successors are appointed and qualify. Members serving on the examining committee for physical therapy on the effective date of this act shall be members of the council and shall serve on the council until the conclusion of the terms for which they were appointed to the examining committee for physical therapy and until their successors are appointed and qualified. Each member of the council shall take an oath as required by law for state officers. No physical therapist member appointed by the governor shall be appointed for more than two successive four-year terms commencing on or after that date.
History: L. 1963, ch. 318, § 4; L. 1973, ch. 253, § 3; L. 1983, ch. 215, § 3; L. 1987, ch. 240, § 16; L. 2003, ch. 128, § 3; April 1, 2004.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2905 Same; officers; executive director; powers and duties; quorum; records; employees; compensation and expenses.

65-2905.
Same; officers; executive director; powers and duties; quorum; records; employees; compensation and expenses.
(a) The physical therapy advisory council provided for in this act shall elect from their members a president and a vice-president, who shall serve for one year or until their successors are elected and qualified. The executive director of the board shall act as secretary of the council.
(b) The council shall serve in an advisory capacity to the board in matters pertaining to physical therapy. The board may adopt reasonable rules and regulations as may be found necessary for the performance of its duties. As to any matters coming under its jurisdiction, the council while in session may take testimony and any member may administer oaths in the taking of such testimony.
(c) A simple majority of the council shall constitute a quorum for the transaction of business. The secretary shall keep a record of all procedures of the council.
(d) The board may appoint and fix the compensation of such employees as may be necessary to assist the council, and the board shall have the power to employ such expert assistance as it may deem necessary to carry out the purposes of this act. Members of the council attending meetings of such council, or attending a subcommittee meeting thereof authorized by such council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
History: L. 1963, ch. 318, § 5; L. 1973, ch. 253, § 4; L. 1974, ch. 348, § 28; L. 1983, ch. 215, § 4; L. 1987, ch. 240, § 17; L. 2003, ch. 128, § 4; April 1, 2004.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2906 Duties of board; qualifications of applicants; form of application; approval of schools.

65-2906.
Duties of board; qualifications of applicants; form of application; approval of schools.
(a) The board, with the advice and assistance of the council, shall pass upon the qualifications of all applicants for licensure or certification and duly license or certify those applicants who meet the qualifications established by this act.
(b) An applicant applying for licensure as a physical therapist or for a certificate as a physical therapist assistant shall file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements:
(1) The applicant is of legal age;
(2) the applicant has successfully completed the academic requirements of an educational program in physical therapy approved by the board which is appropriate for the certification or licensure of the applicant or, if the applicant attended a program not approved by the board, the applicant shall present an evaluation by an entity approved by the board showing that applicant's educational program met the criteria a school must satisfy to be approved by the board;
(3) the applicant has passed an examination required by the board which is appropriate for the certification or licensure of the applicant to test the applicant's knowledge of the basic and clinical sciences relating to physical therapy theory and practice; and
(4) the applicant has paid to the board all applicable fees established under K.S.A. 65-2911, and amendments thereto.
(c) The board shall adopt rules and regulations establishing the criteria which a school shall satisfy in order to be approved by the board for purposes of subsection (b). The board may send a questionnaire developed by the board to any school for which the board does not have sufficient information to determine whether the school meets the requirements of the board for approval and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the school to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about schools. In entering such contracts the authority to approve schools shall remain solely with the board.
History:
L. 1963, ch. 318, § 6; L. 1972, ch. 237, § 1; L. 1973, ch. 253, § 5; L. 1974, ch. 256, § 1; L. 1983, ch. 215, § 5; L. 1983, ch. 213, § 10; L. 1988, ch. 243, § 10; L. 1994, ch. 134, § 1; L. 2003, ch. 128, § 5; April 1, 2004.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2909 Examinations; when not required; fees; temporary permits.

65-2909.
Examinations; when not required; fees; temporary permits.
(a) The board may issue a license in physical therapy without examination to an applicant who presents evidence satisfactory to the board of having passed the examination in physical therapy approved by the board or an examination before a lawfully authorized examining board in physical therapy of another state, District of Columbia, territory or foreign country, if the standards for licensure in physical therapy in such other state, district, territory or foreign country are determined by the board to be as high as those of this state. At the time of making such application, the applicant shall pay to the board a fee as prescribed, no part of which shall be returned.
(b) The board may issue a certificate as a physical therapist assistant without examination therein to an applicant who presents evidence satisfactory to the board of having passed an examination as a physical therapist assistant approved by the board or an examination before a lawfully authorized examining board in physical therapy of another state, District of Columbia, territory or foreign country, if the standards for certification in physical therapy in such other state, District of Columbia, territory or foreign country are determined by the board to be as high as those of this state. At the time of making such application, the applicant shall pay to the board a fee as prescribed, no part of which shall be returned.
(c) The board may issue a temporary permit to an applicant for licensure as a physical therapist or an applicant for certification as a physical therapist assistant who applies for a temporary permit on a form provided by the board, who meets the requirements for licensure as a physical therapist or for certification as a physical therapist assistant or who meets all of the requirements for licensure or certification except examination and who pays to the board the temporary permit fee as required under K.S.A. 65-2911, and amendments thereto. Such temporary permit shall expire three months from the date of issue or on the date that the board approves the application for licensure or certification, whichever occurs first. No more than one such temporary permit shall be granted to any one person.
History: L. 1963, ch. 318, § 9; L. 1973, ch. 253, § 8; L. 1983, ch. 215, § 8; L. 2003, ch. 128, § 6; April 1, 2004.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2912 Grounds for refusal, suspension, revocation or limitation of license, certificate or compact privilege; censure; hearing procedure.

65-2912. Grounds for refusal, suspension, revocation or limitation of license, certificate or compact privilege; censure; hearing procedure.
(a) The board may refuse to grant a license to any physical therapist or a certificate to any physical therapist assistant, may suspend or revoke the license or compact privilege of any licensed physical therapist or certificate or compact privilege of any certified physical therapist assistant, may limit the license or compact privilege of any licensed physical therapist or certificate or compact privilege of any certified physical therapist assistant or may censure a licensed physical therapist or certified physical therapist assistant for any of the following grounds:
(1) Addiction to or distribution of intoxicating liquors or drugs for other than lawful purposes;
(2) conviction of a felony if the board determines, after investigation, that the physical therapist or physical therapist assistant has not been sufficiently rehabilitated to warrant the public trust;
(3) obtaining or attempting to obtain licensure or certification by fraud or deception;
(4) finding by a court of competent jurisdiction that the physical therapist or physical therapist assistant is a disabled person and has not thereafter been restored to legal capacity;
(5) unprofessional conduct as defined by rules and regulations adopted by the board;
(6) the treatment or attempt to treat ailments or other health conditions of human beings other than by physical therapy and as authorized by this act;
(7) failure to refer patients to other healthcare providers if symptoms are present for which physical therapy treatment is inadvisable or if symptoms indicate conditions for which treatment is outside the scope of knowledge of the licensed physical therapist;
(8) evaluating or treating patients in a manner not consistent with K.S.A. 65-2921, and amendments thereto; and
(9) knowingly submitting any misleading, deceptive, untrue or fraudulent misrepresentation on a claim form, bill or statement.
(b) All proceedings pursuant to article 29 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall be conducted in accordance with the provisions of the Kansas administrative procedure act and shall be reviewable in accordance with the Kansas judicial review act.
History:
L. 1963, ch. 318, § 12; L. 1965, ch. 369, § 6; L. 1973, ch. 253, § 10; L. 1983, ch. 215, § 11; L. 1984, ch. 313, § 125; L. 1986, ch. 234, § 7; L. 1988, ch. 246, § 20; L. 2003, ch. 128, § 9; L. 2004, ch. 61, § 2; L. 2007, ch. 177, § 20; L. 2010, ch. 17, § 141; L. 2021, ch. 100, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2914 Fraud or deception in application for license; scope of authorized treatment.

65-2914.
Fraud or deception in application for license; scope of authorized treatment.
(a) No person shall employ fraud or deception in applying for or securing a license as a physical therapist.
(b) A person licensed under this act as a physical therapist shall not treat ailments or other health conditions of human beings other than by physical therapy unless duly licensed or registered to provide such treatment under the laws of this state.
(c) A person certified under this act as a physical therapist assistant shall not treat ailments or other health conditions of human beings except under the direction of a physical therapist duly licensed under this act. The word "direction" as used in this subsection (c) shall mean that the physical therapist shall see all patients initially and evaluate them periodically except in those cases in a hospital setting when the physical therapist is not immediately available, the physical therapist assistant may initiate patient care after telephone contact with the physical therapist for documented instruction. The physical therapist must then evaluate the patient and establish a plan of treatment as soon as possible with a minimum weekly review.
(d) Any person violating the provisions of this section shall be guilty of a class B misdemeanor.
History:
L. 1963, ch. 318, § 14; L. 1973, ch. 253, § 12; L. 1983, ch. 215, § 13; L. 1990, ch. 228, § 1; L. 2003, ch. 128, § 11; April 1, 2004.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2916 Penalties for violations of act; injunctive relief.

65-2916.
Penalties for violations of act; injunctive relief.
(a) Any violation of the provisions of this act shall constitute a class B misdemeanor.
(b) When it appears to the board that any person is violating any of the provisions of article 29 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto, the board may bring an action in the name of the state in a court of competent jurisdiction for an injunction against such violation without regard to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
(c) The board, in addition to any other penalty prescribed under the provisions of article 29 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto, may assess a civil fine, after proper notice and an opportunity to be heard, against a licensee for a violation of the provisions of article 29 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto, in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1963, ch. 318, § 16; L. 1973, ch. 253, § 13; L. 2003, ch. 128, § 12; April 1, 2004.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2917 Invalidity of part.

65-2917.
Invalidity of part.
If any provisions of this act or the application thereof to any person or circumstance 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. 1963, ch. 318, § 17; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2918 Physical therapists and physical therapist assistants practicing in accordance with law not subject to healing arts act.

65-2918.
Physical therapists and physical therapist assistants practicing in accordance with law not subject to healing arts act.
Physical therapists and physical therapist assistants practicing their profession, when licensed or certified and practicing under and in accordance with the provisions of article 29 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto, shall not be construed to be practicing the healing arts or be subject to the healing arts act.
History:
L. 1983, ch. 215, § 15; L. 2003, ch. 128, § 13; April 1, 2004.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2919 Person holding registration as physical therapist deemed to be licensed physical therapist.

65-2919.
Person holding registration as physical therapist deemed to be licensed physical therapist.
Any person holding a valid registration as a physical therapist immediately prior to the effective date of this act which has been issued by the board shall be deemed to be a licensed physical therapist for the purposes of this act and article 29 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto, and shall be subject to the provisions of this act and the provisions of such article and chapter of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto.
History:
L. 1983, ch. 215, § 16; L. 2003, ch. 128, § 14; April 1, 2004.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2920 Professional liability insurance coverage required as condition to practice physical therapy.

65-2920. Professional liability insurance coverage required as condition to practice physical therapy.
Professional liability insurance coverage shall be maintained in effect by each licensed physical therapist actively practicing in this state, including each physical therapist licensed in a home state and practicing in this state under the physical therapy licensure compact, as a condition to rendering professional services as a physical therapist in this state. The board shall fix by rules and regulations the minimum level of coverage for such professional liability insurance.
History:
L. 2003, ch. 128, § 29; L. 2004, ch. 117, § 25; L. 2021, ch. 100, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2921 Evaluation and treatment by physical therapists; when referral is required; exceptions.

65-2921. Evaluation and treatment by physical therapists; when referral is required; exceptions.
(a) Except as otherwise provided in subsection (d), a physical therapist may evaluate and initiate physical therapy treatment on a patient without referral from a licensed health care practitioner. If treating a patient without a referral from a licensed health care practitioner and the patient is not progressing toward documented treatment goals as demonstrated by objective, measurable or functional improvement, or any combination thereof, after 10 patient visits or in a period of 15 business days from the initial treatment visits following the initial evaluation visit, the physical therapist shall obtain a referral from an appropriate licensed health care practitioner prior to continuing treatment.
(b) Physical therapists may provide, without a referral, services to: (1) Employees solely for the purpose of education and instruction related to workplace injury prevention; or (2) the public for the purpose of fitness, health promotion and education.
(c) Physical therapists may provide services without a referral to special education students who need physical therapy services to fulfill the provisions of their individualized education plan (IEP) or individualized family service plan (IFSP).
(d) Nothing in this section shall be construed to prevent a hospital or ambulatory surgical center from requiring a physician order or referral for physical therapy services for a patient currently being treated in such facility.
(e) When a patient self-refers to a physical therapist pursuant to this section, the physical therapist, prior to commencing treatment, shall provide written notice to the patient that a physical therapy diagnosis is not a medical diagnosis by a physician.
(f) Physical therapists shall perform wound debridement services only after approval by a person licensed to practice medicine and surgery or other licensed health care practitioner in appropriately related cases.
(g) As used in this section, "licensed health care practitioner" means a person licensed to practice medicine and surgery, a licensed podiatrist, a licensed physician assistant or a licensed advanced practice registered nurse working pursuant to the order or direction of a person licensed to practice medicine and surgery, a licensed chiropractor, a licensed dentist or licensed optometrist in appropriately related cases.
History:
L. 2007, ch. 177, § 21; L. 2011, ch. 114, § 56; L. 2013, ch. 4, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2922 Title of the act.

65-2922.
Title of the act.
The provisions of K.S.A. 65-2901 through 65-2921, and amendments thereto, shall be known and may be cited as the physical therapy practice act.
History:
L. 2007, ch. 177, § 22; May 17.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2923 Dry needling; requirements to practice; rules and regulations.

65-2923. Dry needling; requirements to practice; rules and regulations.
(a) The board shall adopt rules and regulations establishing minimum education and training requirements for the practice of dry needling by a licensed physical therapist, including a physical therapist licensed in a home state and practicing in this state under the physical therapy licensure compact.
(b) This section shall be a part of and supplemental to the physical therapy practice act.
History:
L. 2016, ch. 92, § 31; L. 2021, ch. 100, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 29 - Physical Therapy › 65-2924 Fingerprinting of applicant for license; use for identification and criminal history record check; fee.

65-2924. Fingerprinting of applicant for license; use for identification and criminal history record check; fee.
(a) As part of an original application for a license as a physical therapist or a certificate as a physical therapy assistant or as part of an original application for reinstatement of a license or certificate or in connection with any investigation of any holder of a license or certificate, the state board of healing arts may require a person to be fingerprinted and submit to a state and national criminal history record check. The fingerprints shall be used to identify the person and to determine whether the person has a record of criminal history in this state or other jurisdiction. The state board of healing arts is authorized to submit the fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check. The state board of healing arts may use the information obtained from fingerprinting and the criminal history for purposes of verifying the identification of the person and in the official determination of the qualifications and fitness of the person to be issued or to maintain a license or certificate.
(b) Local and state law enforcement officers and agencies shall assist the state board of healing arts in taking and processing of fingerprints of applicants for and holders of any license or certificate and shall release all records of adult convictions and nonconvictions and adult convictions or adjudications of another state or country to the state board of healing arts.
(c) The state board of healing arts may fix and collect a fee as may be required by the board in an amount necessary to reimburse the board for the cost of fingerprinting and the criminal history record check. Any moneys collected under this subsection shall be deposited in the state treasury and credited to the healing arts fee fund.
(d) This section shall be a part of and supplemental to the physical therapy practice act.
History:
L. 2021, ch. 100, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3001 Title of act.

65-3001.
Title of act.
K.S.A. 65-3002, 65-3003, 65-3005 through 65-3013 and 65-3015 through 65-3020 and K.S.A. 65-3008a, 65-3008b and 65-3024 through 65-3028, and amendments thereto, shall be known and may be cited as the Kansas air quality act.
History: L. 1967, ch. 347, § 1; L. 1970, ch. 261, § 1; L. 1993, ch. 13, § 1; March 25.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3003 Responsibility of secretary; administration.

65-3003.
Responsibility of secretary; administration.
The responsibility for air quality conservation and control of air pollution is hereby placed with the secretary of health and environment. The secretary shall administer this act through the division of environment.
History:
L. 1967, ch. 347, § 3; L. 1970, ch. 261, § 3; L. 1974, ch. 352, § 136; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3006 Same; publication and enforcement of regulations; employment of personnel; services.

65-3006.
Same; publication and enforcement of regulations; employment of personnel; services.
The secretary shall:
(a) Publish and enforce the rules, regulations and standards promulgated hereunder. The secretary shall furnish a copy of such rules, regulations or standards adopted hereunder to any citizen upon request.
(b) Employ such professional, technical and other staff, and provide such technical, scientific and other services as may be required, including laboratory facilities, for the purpose of effectuating the provisions of this act from funds appropriated and available for the purposes of this act.
History:
L. 1967, ch. 347, § 6; L. 1970, ch. 261, § 6; L. 1974, ch. 352, § 138; L. 1975, ch. 312, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3007 Air contaminant sources; classification; monitoring; reporting.

65-3007.
Air contaminant sources; classification; monitoring; reporting.
(a) The secretary, by rule and regulation, shall classify air contaminant sources which, in the secretary's judgment, may cause or contribute to air pollution, according to levels and types of emissions and other characteristics which relate to air pollution and may require reporting for any such class or classes. The classifications promulgated by the secretary shall be made to apply to the state as a whole or to any designated area of the state, and shall be made with special reference to effects on health, economic and social factors, and physical effects on property.
(b) The secretary shall require air contaminant emission sources to monitor emissions, operating parameters, ambient impact of any source emissions or any other parameters deemed necessary by the secretary. The secretary may require air contaminant emission sources to keep records and make reports consistent with the purposes of this act.
(c) Any person operating or responsible for the operation of air contaminant sources of any class for which the rules and regulations of the secretary require reporting shall make reports containing information as may be required by the secretary concerning location, size and height of contaminant outlets, processes employed, fuels used and the nature and time periods or duration of emissions, and such other information as is relevant to air pollution and available or reasonably capable of being assembled.
History: L. 1967, ch. 347, § 7; L. 1970, ch. 261, § 7; L. 1974, ch. 352, § 139; L. 1975, ch. 312, § 11; L. 1993, ch. 13, § 4; March 25.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3008a Same; public comment and hearing; review.

65-3008a.
Same; public comment and hearing; review.
(a) No permit shall be issued, modified, renewed or reopened without first providing the public an opportunity to comment and request a public hearing on the proposed permit action. The request for a public hearing on the issuance of a permit shall set forth the basis for the request and a public hearing shall be held if, in the judgment of the secretary, there is sufficient reason.
(b) The secretary shall affirm, modify or reverse the decision on such permit after the public comment period or public hearing, and shall affirm the issuance of any permit the terms and conditions of which comply with all requirements established by rules and regulations promulgated pursuant to the Kansas air quality act. Any person who participated in the public comment process or the public hearing who otherwise would have standing under K.S.A. 77-611, and amendments thereto, shall have standing to obtain judicial review of the secretary's final action on the permit pursuant to the Kansas judicial review act in the court of appeals. Any such person other than the applicant for or holder of the permit shall not be required to have exhausted administrative remedies in order to be entitled to review. The court of appeals shall have original jurisdiction to review any such final agency action. The record before the court of appeals shall be confined to the agency record for judicial review and consist of the documentation submitted to or developed by the secretary in making the final permit decision, including the permit application and any addenda or amendments thereto, the permit summary, the draft permit, all written comments properly submitted to the secretary, all testimony presented at any public hearing held on the permit application, all responses by the applicant or permit holder to any written comments or testimony, the secretary's response to the public comments and testimony and the final permit.
(c) When determined appropriate by the secretary, the procedures set out in subsection (a) may be required prior to the issuance, modification, renewal or reopening of an approval.
History:
L. 1993, ch. 13, § 6; L. 2006, ch. 79, § 1; L. 2009, ch. 141, § 24; L. 2010, ch. 17, § 142; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 30 - Air Quality Control › 65-3009 Inspections.

65-3009.
Inspections.
The secretary may designate competent representatives who may enter and inspect any property, premise or place at any reasonable time for the purpose of investigating either an actual or possible source of air pollution or of ascertaining the state of compliance with this act and regulations in force pursuant thereto. No person shall refuse entry or access to any authorized representative of the secretary who requests entry for purposes of inspection, and who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such inspection. If requested, the owner or operator of the premises shall receive a report setting forth levels of emissions and any other facts found which relate to compliance status.
History:
L. 1967, ch. 347, § 9; L. 1970, ch. 261, § 9; L. 1974, ch. 352, § 141; July 1.