reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-819 State board of veterinary examiners; meetings; quorum; officers, election and duties; compensation and expenses.

47-819.
State board of veterinary examiners; meetings; quorum; officers, election and duties; compensation and expenses.
(a) The board shall meet each year at such times and places as specified by the board.
(b) Except as otherwise provided in this act, a majority of the board shall constitute a quorum.
(c) At its first meeting following April 1 of each year, the board shall organize by electing a president and a vice-president. Each officer so elected shall serve for a term of one year or until a successor is elected and qualifies. A special election shall be held whenever a vacancy occurs in an office of the board.
(d) In general, but not by way of limitation, the officers and the executive director of the board shall have and exercise the following powers and duties:
(1) The president's duties shall include the calling of and presiding at meetings of the board.
(2) The vice-president's duties shall include serving as presiding officer at meetings of the board in the absence of the president or upon the president's inability or refusal to act and overseeing budgetary and financial aspects of the operation of the board.
(3) The executive director shall perform duties which shall include carrying on the correspondence of the board, keeping permanent accounts and records of all receipts and disbursements by the board and of all board proceedings, including the disposition of all applications for license, keeping a register of all persons currently licensed by the board, and furnishing a copy of the Kansas veterinary practice act to each newly licensed veterinarian. All board records, except as otherwise provided by law, shall be open to the public during regular office hours.
(4) The executive director shall be bonded as required by the state surety bond committee pursuant to K.S.A. 75-4103 to 75-4106, and amendments thereto.
(e) Each member of the board shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto, when engaged in the performance of the member's official duties or other board business or board activities away from the member's place of residence.
History:
L. 1969, ch. 261, § 6; L. 1974, ch. 348, § 19; L. 1980, ch. 155, § 5; L. 1993, ch. 129, § 6; L. 1999, ch. 25, § 4; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-820 Disposition of moneys; veterinary examiners fee fund.

47-820. Disposition of moneys; veterinary examiners fee fund.
(a) Except as provided further, the board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the veterinary examiners fee fund. Costs relating to assessment and enforcement of civil fines shall be credited to the veterinary examiners fee fund from all moneys received that are civil fines and the balance shall be credited to the state general fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive director or by a person or persons designated by the executive director.
(b) For the fiscal years ending June 30, 2015, and June 30, 2016, the board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the veterinary examiners fee fund. Costs related to assessment and enforcement of civil fines shall be credited to the veterinary examiners fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or by a person or persons designated by the secretary of agriculture.
History:
L. 1969, ch. 261, § 7; L. 1973, ch. 309, § 16; L. 1993, ch. 129, § 7; L. 2001, ch. 5, § 165; L. 2011, ch. 53, § 17; L. 2014, ch. 12, § 2; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-822 Fees for examinations, registrations, inspections, licenses and renewals.

47-822. Fees for examinations, registrations, inspections, licenses and renewals.
(a) The fee for an application for a license to practice veterinary medicine in this state, as required by K.S.A. 47-824, and amendments thereto, shall be not less than $50 nor more than $250.
(b) The fee for an application for an institutional license, issued pursuant to K.S.A. 47-856, and amendments thereto, shall be not less than $50 nor more than $250, and the annual fee for renewal of an institutional license shall be not less than $20 nor more than $100.
(c) The annual fee for renewal of license required under K.S.A. 47-829, and amendments thereto, shall be not less than $20 nor more than $100.
(d) The fee for each examination for licensure as required by K.S.A. 47-825, and amendments thereto, shall not be less than $50 nor more than $500.
(e) The fee for an application for registration of a registered veterinary technician as provided in K.S.A. 47-821, and amendments thereto, shall be not less than $20 nor more than $50.
(f) The annual fee for renewal of registration of a registered veterinary technician as provided in K.S.A. 47-821, and amendments thereto, shall be not less than $5 nor more than $25.
(g) The fee for an application for registration of a premises required under K.S.A. 47-840, and amendments thereto, shall be not less than $50 nor more than $150.
(h) The fee for renewal of registration of a premises required under K.S.A. 47-840, and amendments thereto, shall be not less than $10 nor more than $50.
(i) A late fee of no more than $50 may be assessed to a person requesting registration of a premises.
(j) The fee for inspection or reinspection of a premises required to be registered under K.S.A. 47-840, and amendments thereto, shall be not less than $50 nor more than $150.
(k) The fee for inspection and audit of the records and compliance with the standards of practice of any veterinarian shall be not less than $50 nor more than $150.
(l) The board shall determine annually the amount necessary to carry out and enforce the provisions of this act and shall fix by rules and regulations the fees established in this section within the limitations provided in this section.
History:
L. 1969, ch. 261, § 9; L. 1980, ch. 155, § 7; L. 1982, ch. 224, § 1; L. 1987, ch. 201, § 2; L. 1993, ch. 129, § 9; L. 2001, ch. 30, § 2; L. 2012, ch. 10, § 2; L. 2015, ch. 61, § 5; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-824 Application for license; issuance of license; qualifications.

47-824.
Application for license; issuance of license; qualifications.
(a) Any person desiring a license to practice veterinary medicine in this state shall make written application to the board on forms provided for that purpose. The board shall issue a license to practice veterinary medicine to an applicant who:
(1) Is a graduate of a school of veterinary medicine as defined in K.S.A. 47-816, and amendments thereto or meets all education requirements prescribed by the board pursuant to rules and regulations of the board;
(2) has passed the examination or examinations prescribed by the board within time limits prescribed by the board pursuant to rules and regulations of the board;
(3) has passed the Kansas veterinary legal practice examination;
(4) is a person of good moral character;
(5) has paid the license application fee and when applicable, the examination fee as established pursuant to this section; and
(6) provides other information and proof as the board may establish by rules and regulations.
(b) If the applicant graduated from a school of veterinary medicine more than five years prior to the year in which the application is submitted, the application shall show proof that:
(1) The applicant has actively practiced veterinary medicine for at least 3,000 hours during the three years immediately preceding such application; or
(2) the applicant has passed the examination or examinations prescribed by the board within the five years preceding such application.
(c) If an applicant is found not qualified for a license pursuant to subsection (a)(1) or (a)(4), the executive director of the board shall notify the applicant in writing of such findings and the grounds therefor. An applicant found unqualified pursuant to subsection (a)(1) or (a)(4) may request a hearing on the question of the applicant's qualification under the procedure set forth in the Kansas administrative procedure act. Any applicant who is found not qualified shall forfeit any application fee which the applicant has paid.
History:
L. 1969, ch. 261, § 11; L. 1980, ch. 155, § 8; L. 1984, ch. 313, § 75; L. 1988, ch. 243, § 1; L. 1993, ch. 129, § 10; L. 1999, ch. 25, § 6; L. 2006, ch. 112, § 2; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-825 Examinations; rules and regulations; notice of results; recordation and issuance of license.

47-825.
Examinations; rules and regulations; notice of results; recordation and issuance of license.
(a) The board shall provide for at least one examination during each year and may provide for such additional examinations as are necessary. A person desiring to take an examination shall make application at least 60 days before taking the examination.
(b) The preparation, administration, reexamination and grading of the examination shall be governed by the rules and regulations prescribed by the board. Examinations shall be designed to test the examinee's knowledge of and proficiency in the subjects and techniques commonly taught in schools of veterinary medicine and the laws and rules and regulations dealing with the practice of veterinary medicine in Kansas. The board may adopt and use the examinations prepared by any national testing service for veterinary medicine. The examination of applicants for license to practice veterinary medicine shall be conducted according to methods deemed by the board to be the most practical and expeditious to test the applicant's abilities and qualifications. The minimum passing scores shall be established by rules and regulations.
(c) After each examination, the executive director shall notify each examinee in writing of the result of the examinee's examination within 60 days, and the board shall issue a license to each applicant for a license who has successfully completed the examination. The executive director shall record each new license and issue a license to each new licensee. Any applicant for examination who does not attend the examination shall forfeit the examination fee.
History:
L. 1969, ch. 261, § 12; L. 1980, ch. 155, § 9; L. 1993, ch. 129, § 11; L. 1999, ch. 25, § 7; L. 2001, ch. 30, § 3; L. 2006, ch. 112, § 3; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-832 Reinstatement of revoked or suspended license.

47-832.
Reinstatement of revoked or suspended license.
Any person whose license is suspended or revoked pursuant to K.S.A. 47-830 and amendments thereto may, at the discretion of the board, be relicensed or reinstated at any time, by majority vote of the board on written application made to the board showing cause justifying relicensing or reinstatement and on such terms and conditions as specified by the board.
History:
L. 1969, ch. 261, § 19; L. 1999, ch. 25, § 10; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-835 Abandonment of animals; notice to owner; relief from liability for disposal; "abandoned" defined.

47-835.
Abandonment of animals; notice to owner; relief from liability for disposal; "abandoned" defined.
(a) Any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, which shall be unclaimed by its owner or its owner's agent for a period of more than ten (10) days after written notice by registered or certified mail, return receipt requested, is given the owner or the owner's agent at such person's last known address, shall be deemed to be abandoned and may be turned over to the nearest humane society, or dog pound or disposed of as the custodian may deem proper.
(b) The giving of notice to the owner, or the agent of the owner, of such animal by the licensed veterinarian, as provided in subsection (a) of this section, shall relieve the licensed veterinarian and any custodian to whom such animal may be given of any further liability for disposal. Such procedure by a licensed veterinarian shall not constitute grounds for disciplining procedure under this act.
(c) For the purpose of this act, the term "abandoned" shall mean to forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or its owner's agent. Such abandonment shall constitute the relinquishment of all rights and claims by the owner to such animal.
History:
L. 1969, ch. 261, § 22; L. 1980, ch. 155, § 17; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-836 Lien for veterinary services; preference.

47-836.
Lien for veterinary services; preference.
A veterinarian, a veterinary partnership or a veterinary corporation offering veterinary service to animals in the field or otherwise, who shall, at the request of the owner or lawful possessor of any animal or animals, bestow any professional attention, care, vaccines, antisera, virus, antibiotics, or other medical treatment, food or service upon the same shall have a lien upon such animal or animals for the just and reasonable charges therefor, and may hold and retain possession of such animal until such charges are paid, but such lien shall be valid if the veterinarian recorded a verified notice of the lien upon such animal or animals in the office of the register of deeds in the county in which such veterinary services were rendered prior to the expiration of 60 days after such services were rendered. The possessory lien hereby created shall have preference over any and all other liens or encumbrances upon such animal or animals, regardless of where such veterinary service has been rendered. The nonpossessory lien created under this section shall have preference over any and all other liens or encumbrances upon such animal or animals, except for possessory liens under K.S.A. 58-207 and 58-220, and amendments thereto, and previously perfected security interests, regardless of where such veterinary service has been rendered. A lien under this section may not be enforced against a subsequent purchaser of the animal treated unless the purchaser has received actual prior notice of the existence of such lien.
History:
L. 1969, ch. 261, § 23; L. 1988, ch. 188, § 1; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-837 Savings clause.

47-837.
Savings clause.
The amendments in this act to the Kansas veterinary practice act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this act.
History:
L. 1969, ch. 261, § 24; L. 1993, ch. 129, § 16; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-838 Severability.

47-838.
Severability.
If any clause, sentence, paragraph, section or part of the Kansas veterinary practice act or the application thereof to any person or circumstances shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, and the application thereof to other persons or circumstances, but shall be confined in its operation to the clause, sentence or paragraph, section or part thereof involved in the controversy, in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent that this act would have been enacted had such unconstitutional or invalid provisions not been included.
History:
L. 1969, ch. 261, § 25; L. 1993, ch. 129, § 17; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-839 Confidentiality; exceptions; waiver.

47-839.
Confidentiality; exceptions; waiver.
(a) Except as otherwise provided under K.S.A. 47-622 and 47-624, and amendments thereto, a licensed veterinarian shall not disclose any information concerning the veterinarian's care of an animal except on written authorization or other waiver by the veterinarian's client or on appropriate court order or subpoena. Any veterinarian who releases information under written authorization or other waiver by the client or under court order or subpoena shall not be liable to the client or any other person. The privilege provided by this section shall be waived under the following circumstances: (1) Reporting cruel or inhumane treatment of any animal to federal, state or local governmental agencies; (2) where information is necessary to provide care in an emergency where the absence of immediate medical attention could reasonably be expected to place the animal's health in serious jeopardy or impair bodily function; (3) where the failure to disclose vaccination information may endanger the public's health, safety or welfare; (4) where the veterinarian's client or the owner of the animal places the veterinarian's care and treatment of the animal or the nature and extent of injuries to the animal at issue in any civil or criminal proceeding; or (5) in relation to any investigation by the board and any subsequent administrative disciplinary action brought by the board.
(b) This section shall be part of and supplemental to the Kansas veterinary practice act.
History:
L. 1991, ch. 153, § 2; L. 1999, ch. 25, § 12; L. 2006, ch. 46, § 2; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-841 Veterinarian not liable for good faith volunteer actions.

47-841.
Veterinarian not liable for good faith volunteer actions.
(a) Any licensed Kansas veterinarian or licensed veterinarian resident of another state or in the District of Columbia who in good faith as a volunteer and without fee renders emergency care or treatment to an animal shall not be liable in a suit for damages as a result of such veterinarian's acts or omissions which may occur during such emergency care or treatment, nor shall such veterinarian be liable to any animal hospital for such hospital's expense if under such emergency conditions such veterinarian orders an animal hospitalized or causes admission to such hospital.
(b) Any licensed veterinarian who in good faith renders or attempts to render emergency care at the scene of an accident or emergency to the human victim or victims thereof shall not be liable for any civil damages as a result of any act or omission by such persons rendering or attempting to render the emergency care.
History:
L. 1993, ch. 129, § 20; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-842 Authority of board to assess fines; grounds; proceedings conducted in accordance with Kansas administrative procedure act.

47-842. Authority of board to assess fines; grounds; proceedings conducted in accordance with Kansas administrative procedure act.
In addition to the board's authority to refuse licensure or impose discipline pursuant to K.S.A. 47-830, and amendments thereto, the board shall have the authority to assess a fine not in excess of $5,000 against a licensee for each of the causes specified in K.S.A. 47-830, and amendments thereto. Such fine may be assessed in lieu of or in addition to such discipline. The proceedings under this act shall be conducted in accordance with the Kansas administrative procedure act, and the board shall have all the powers granted therein. All fines collected pursuant to 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. Actual costs related to investigation, adjudication and enforcement shall be deducted and credited to the veterinary examiners fee fund.
History:
L. 1993, ch. 129, § 21; L. 1999, ch. 25, § 14; L. 2001, ch. 5, § 166; L. 2006, ch. 46, § 3; L. 2012, ch. 10, § 4; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-843 Violation of act; civil citation; penalties.

47-843.
Violation of act; civil citation; penalties.
(a) If, upon completion of an investigation, the executive director has probable cause to believe that a veterinarian violated the provisions of the Kansas veterinary practice act, in lieu of proceedings pursuant to K.S.A. 47-830 and amendments thereto, the executive director may issue a citation to the veterinarian, as provided in this section. The investigation shall include attempts to contact the veterinarian to discuss and resolve the alleged violation. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the Kansas veterinary practice act alleged to have been violated. In addition, each citation may contain an order of abatement fixing a reasonable time for abatement of the violation, and may contain an assessment of a civil penalty not in excess of $2,000. The citation shall be served upon the veterinarian by any type of mailing requiring a return receipt. Before any citation may be issued, the executive director shall submit the alleged violation for review and investigation to at least two designees of the board who are veterinarians licensed in or employed by the state. Upon conclusion of the board designee's review, the designees shall prepare a finding of fact and a recommendation. If the board's designees conclude that probable cause exists that the veterinarian has violated any provisions of the Kansas veterinary practice act, a civil citation shall be issued to the veterinarian, according to policies adopted by the board through rules and regulations.
(b) The board shall adopt rules and regulations covering the assessment of civil penalties under this section which give due consideration to the appropriateness of the penalty with respect to the following factors:
(1) The gravity of the violation;
(2) the good faith of the person being charged; and
(3) the history of previous violations.
History:
L. 1993, ch. 129, § 22; L. 1999, ch. 25, § 15; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-845 Construction of act.

47-845.
Construction of act.
Nothing in this act shall be construed as forbidding or further restricting any merchant or manufacturer from selling at such person's regular place of business, medicines, pharmaceutical products, biological products, feed additives, feed, appliances or other products used in the prevention or treatment of animal diseases or any person from selling or applying any pesticide, insecticide or herbicide.
History:
L. 1993, ch. 129, § 24; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-846 Definitions.

47-846.
Definitions.
As used in this act:
(a) "Board" means the state board of veterinary examiners.
(b) "Committee" means an executive or review committee of a state professional society or organization or an impaired veterinarian committee.
(c) "Impaired veterinarian" means a veterinarian who is unable to practice veterinary medicine with reasonable skill and safety due to physical or mental disabilities, including deterioration through the aging process, loss of motor skill or abuse of drugs or alcohol.
(d) "Veterinarian" means an individual licensed to practice veterinary medicine in this state.
History:
L. 1989, ch. 155, § 1; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-847 Reports relating to impaired veterinarians; board or committee investigation.

47-847.
Reports relating to impaired veterinarians; board or committee investigation.
(a) Any person may report to the board or to an appropriate state professional society or organization of veterinarians any information such person may have relating to an alleged impaired veterinarian. If the report is made to the appropriate state professional society or organization, such society or organization shall refer the matter to an impaired veterinarian committee duly constituted pursuant to the society's or organization's bylaws. The committee shall investigate all such reports and take appropriate action.
(b) If information concerning an alleged impaired veterinarian is reported to the board, the board may investigate the report or may refer the report to an impaired veterinarian committee.
(c) The impaired veterinarian committee referred to in subsection (a) shall submit to the board, on a form promulgated by such board, at least once every three months, a report summarizing the reports received pursuant * this section. The report shall include the number of reports concerning impaired veterinarians, whether an investigation was conducted and any action taken.
(d) If the board determines that the impaired veterinarian committee referred to in subsection (a) is not fulfilling its duties under this section, the board, upon notice and an opportunity to be heard, may require such state professional society or organization to transfer to the board all reports made pursuant to this section to such state professional society or organization.
History:
L. 1989, ch. 155, § 2; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-849 Same; contents of; reports, records and proceedings confidential and privileged.

47-849.
Same; contents of; reports, records and proceedings confidential and privileged.
(a) The reports and records made pursuant to K.S.A. 47-847 or 47-848, and amendments thereto, shall be confidential and privileged, including:
(1) Reports and records of executive or review committees of a professional society or organization;
(2) reports and records of the board or impaired veterinarian committee of a professional society or organization; and
(3) reports made pursuant to this act to or by any committee or any consultant.
Such reports and records shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and shall not be admissible in any civil or administrative action other than a disciplinary proceeding by the board.
(b) No person in attendance at any meeting of an executive or review committee of a state professional society or organization while such committee is engaged in the duties imposed by K.S.A. 47-847 and amendments thereto shall be compelled to testify in any civil, criminal or administrative action, other than a disciplinary proceeding by the board, as to any committee discussions or proceedings.
(c) No person in attendance at any meeting of an impaired veterinarian committee shall be required to testify, nor shall the testimony of such person be admitted into evidence, in any civil, criminal or administrative action, other than a disciplinary proceeding by the board, as to any committee discussions or proceedings.
(d) Nothing in this section shall limit the authority, which may otherwise be provided by law, of the board to require an executive or review committee or officer or impaired veterinarian committee to report to the board any action or recommendation of such committee or officer or to transfer to the board records of such committee's or officer's proceedings or actions. Reports and records so furnished shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and shall not be admissible in evidence in any judicial or administrative proceeding other than a disciplinary proceeding by the board.
(e) A committee or officer may report to and discuss its activities, information and findings with other committees or officers without waiver of the privilege provided under this section, and the records of all such committees or officers relating to such report shall be privileged as provided under this section.
History:
L. 1989, ch. 155, § 4; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-850 Immunity from civil liability for report or investigation, limits.

47-850.
Immunity from civil liability for report or investigation, limits.
No person or entity which, in good faith, reports or provides information or investigates any veterinarian as authorized by K.S.A. 47-847 or 47-848, and amendments thereto, shall be liable in a civil action for damages or other relief arising from the reporting, providing of information or investigation except upon clear and convincing evidence that the report or information was completely false, or that the investigation was based on false information, and that the falsity was actually known to the person making the report, providing the information or conducting the investigation at the time thereof.
History:
L. 1989, ch. 155, § 5; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-851 Failure to report; immunity from civil liability.

47-851.
Failure to report; immunity from civil liability.
(a) No person or entity shall be subject to liability in a civil action for failure to report as authorized by K.S.A. 47-847 or 47-848, and amendments thereto.
(b) In no event shall a professional society or organization or impaired veterinarian committee be liable in damages for the alleged failure to properly investigate or act upon any report made pursuant to K.S.A. 47-847 and amendments thereto.
History:
L. 1989, ch. 155, § 6; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-852 Employer retribution for reporting; prohibition; remedy.

47-852.
Employer retribution for reporting; prohibition; remedy.
(a) No employer shall discharge or otherwise discriminate against any employee for making any report pursuant to K.S.A. 47-847 or 47-848, and amendments thereto.
(b) Any employer who violates the provisions of subsection (a) shall be liable to the aggrieved employee for damages for any wages or other benefits lost due to the discharge or discrimination plus a civil penalty in an amount not exceeding the amount of such damages. Such damages and civil penalty shall be recoverable in an individual action brought by the aggrieved employee. If the aggrieved employee substantially prevails on any of the allegations contained in the pleadings in an action allowed by this section, the court, in its discretion, may allow the employee reasonable attorney fees as part of the costs.
History:
L. 1989, ch. 155, § 7; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-853 Purpose of reporting impaired veterinarians; status of entities conducting programs; antitrust immunity.

47-853.
Purpose of reporting impaired veterinarians; status of entities conducting programs; antitrust immunity.
(a) The legislature of the state of Kansas recognizes the importance and necessity of protecting the public from impaired veterinarians to help insure the provision of quality veterinary services. The provisions of this act effectuate this policy.
(b) Veterinarians, review, executive or impaired veterinarian committees performing duties under this act for the purposes expressed in subsection (a) shall be considered to be state officers engaged in a discretionary function and all immunity of the state shall be extended to such persons and committees, including that from the federal and state antitrust laws.
(c) Nothing in this section shall be construed to require veterinarians or review, executive or impaired veterinarian committees to be subject to or comply with any other law relating to or regulating state agencies, officers or employees.
History:
L. 1989, ch. 155, § 8; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-854 Act supplemental to existing law.

47-854.
Act supplemental to existing law.
K.S.A. 47-846 to 47-853, inclusive, shall be supplemental to and a part of the Kansas veterinary practice act.
History:
L. 1989, ch. 155, § 9; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-855 Institutional license; eligibility; scope of practice.

47-855. Institutional license; eligibility; scope of practice.
(a) There is hereby created a designation of institutional license to practice veterinary medicine, which may be issued by the board to a person employed by a school of veterinary medicine within this state.
(b) On or after July 1, 2016, any person who practices veterinary medicine on client-owned animals in direct association with such person's employment at a school of veterinary medicine within this state must be a licensed veterinarian or possess an institutional license to practice veterinary medicine, except that, on or after June 1, 2016, interns beginning employment at a school of veterinary medicine shall possess a veterinary license or an institutional license prior to the practice of veterinary medicine pursuant to such employment, and such license shall not expire until July 1 of the following year. The term of an institutional license for the year in which a resident's employment ends shall be extended to and expire on July 31, without the necessity of renewal. Residents whose employment ends in 2016 shall not be required to obtain a veterinary or institutional license to practice veterinary medicine at a school of veterinary medicine.
(c) An institutional license permits a holder thereof to practice veterinary medicine only as it relates to the holder's regular function within the school of veterinary medicine. Persons holding only an institutional license within this state shall be remunerated for the practice of veterinary medicine within the state solely from state, federal or institutional funds and not from the patient-owner beneficiary of their practice efforts. Practicing veterinary medicine beyond the scope of an institutional license shall be the equivalent of practicing veterinary medicine without a license, and shall be grounds for discipline in accordance with the provisions of this act.
(d) A license issued under this section shall be canceled by the board upon receipt of information that the holder of the license has left or has otherwise been discontinued from employment at a school of veterinary medicine within this state.
(e) A license issued pursuant to this section may be revoked or suspended or the licensee may be otherwise disciplined in accordance with the provisions of this act.
(f) This section shall be a part of and supplemental to the Kansas veterinary practice act.
History:
L. 2015, ch. 61, § 1; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 8 - Registration Of Veterinarians › 47-856 Same; application; qualifications.

47-856. Same; application; qualifications.
(a) Any person desiring to practice veterinary medicine while employed by a school of veterinary medicine in this state, and who is not a licensed veterinarian, shall make written application to the board for an institutional license on forms provided for that purpose, or in a format otherwise acceptable to the board. The board shall issue an institutional license to practice veterinary medicine to an applicant who:
(1) Has obtained the degree of doctor of veterinary medicine or its equivalent;
(2) has passed the Kansas veterinary legal practice examination, which may be completed in person, by mail or by electronic means;
(3) is a person of good moral character;
(4) has paid the license application fee;
(5) provides proof of employment with a school of veterinary medicine within this state. This proof shall be provided by an authorized administrative official of the school of veterinary medicine;
(6) certifies that such person understands and agrees that the institutional license is valid only for the practice of veterinary medicine associated with such person's employment as a faculty member, intern, resident or locum of the school of veterinary medicine where employed; and
(7) provides other information and proof as the board may establish by rules and regulations.
(b) A school of veterinary medicine located within this state may, at its option, submit the applications of its employees desiring an institutional license in a compiled format acceptable to the board, with a single form of payment of the corresponding license application fees.
(c) This section shall be a part of and supplemental to the Kansas veterinary practice act.
History:
L. 2015, ch. 61, § 2; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1001a License required to operate market; application form; fee; bond.

47-1001a.
License required to operate market; application form; fee; bond.
No person shall conduct or operate a public livestock market unless and until such person has a license therefor, upon which the current annual market license fee has been paid. Any person making application for an original market license shall do so to the commissioner in writing, verified by the applicant, in the form as prescribed by the commissioner showing the following:
(a) The name and address of the applicant, with a statement of the names and addresses of all persons having any financial interest in the business of the applicant and the amount of such interest.
(b) A statement of all assets and liabilities of the applicant.
(c) A legal description of the real estate and a complete description of the facilities proposed to be used in connection with such public livestock market.
(d) A detailed statement of the facts upon which the applicant relies showing the general confines of the trade area proposed to be served by such public livestock market, the benefits to be derived by the livestock industry and the services proposed to be rendered.
Such application shall be accompanied by an application fee in an amount set by the Kansas animal health board and adopted by rules and regulations of the commissioner of not more than $375, which shall not be refundable if the application is denied or withdrawn. Each applicant shall furnish a bond in the manner required by K.S.A. 47-1002, and amendments thereto. The application fee established by this section on the day preceding the effective date of this act shall continue in effect until a different application fee is set as provided under this section.
History:
L. 1965, ch. 333, § 2; L. 1969, ch. 264, § 1; L. 1991, ch. 152, § 9; L. 1993, ch. 167, § 1; April 22.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1001b Application for market license; notice and hearing; removal of market to another location within county; notice; finding of commissioner or board.

47-1001b.
Application for market license; notice and hearing; removal of market to another location within county; notice; finding of commissioner or board.
Upon the filing of such application, the commissioner shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act. The commissioner shall serve notice and a copy of the application in accordance with the Kansas administrative procedure act upon the owners of all public livestock markets within a fifty-mile radius of the applicant's proposed location and within this state. Notwithstanding any other provisions of this act to the contrary, any holder of a market license who is operating a public livestock market may move such market to other premises in the same county without securing a new license or filing a new application. However, the licensee shall give the commissioner at least thirty days' notice of the removal of the market to such other location which notice shall include a legal description of the real estate and its exact location and a complete description of the facilities to be used at such new location in connection with such public livestock market and the commissioner or board shall find that such facilities are adequate to permit the performance of the proposed market services.
History:
L. 1965, ch. 333, § 3; L. 1984, ch. 313, § 77; July 1, 1985.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1001c Hearing on application for market license; issuance of license, when; matters considered.

47-1001c.
Hearing on application for market license; issuance of license, when; matters considered.
A hearing may be conducted by the board and the commissioner. After a hearing upon such application the application, conducted in accordance with the provisions of the Kansas administrative procedure act, if the board finds from the evidence presented that such public livestock market for which a market license is sought would beneficially serve the livestock economy, such market license shall be issued by the commissioner to the applicant. In determining whether or not the application should be granted or denied, the board shall give reasonable consideration to:
(a) The financial stability and fiduciary responsibility of the applicant.
(b) Character references to be supplied in writing by at least three persons selected by the applicant.
(c) The livestock industry marketing benefits to be derived from the establishment and operation of the public livestock market proposed in the application.
(d) The adequacy of the proposed facilities to permit the performance of proposed market services.
(e) The present market services elsewhere available to the trade area proposed to be served.
(f) Whether the proposed public livestock market would be continuous.
(g) The economic feasibility of the proposed market services.
History:
L. 1965, ch. 333, § 4; L. 1984, ch. 313, § 78; July 1, 1985.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1001d Occasional livestock sales; exemptions; license.

47-1001d. Occasional livestock sales; exemptions; license.
(a) The animal health commissioner, through rules and regulations, may exempt occasional livestock sales or issue a license for such occasional livestock sales at a fee of not more than $100 without a hearing.
(b) All livestock consigned and delivered on the premises of any licensed occasional livestock sale, before being offered for sale, shall be inspected by a licensed veterinarian who shall visually examine each animal consigned to such sale, for the purpose of determining its condition of health and freedom of clinical signs of infectious or contagious animal diseases that are determined to be reportable by the animal health commissioner. Such veterinarian may issue certificates of inspections, on a form to be approved by the commissioner.
(c) Licensed occasional livestock sales shall not: (1) Collect a fee per head pursuant to K.S.A. 47-1011, and amendments thereto; (2) collect an inspection fee per head pursuant to K.S.A. 47-1008, and amendments thereto; or (3) be required to furnish a bond in the manner required by K.S.A. 47-1002, and amendments thereto.
History:
L. 1965, ch. 333, § 5; L. 1996, ch. 133, § 2; L. 2012, ch. 140, § 82; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1001e Annual renewal fee; license period; electronic auction license; renewal; fees.

47-1001e. Annual renewal fee; license period; electronic auction license; renewal; fees.
(a) Each livestock market operator shall pay annually, on or before September 30, a renewal market license fee in an amount set by the Kansas animal health board and adopted by rules and regulations of the commissioner of not more than $250 to the commissioner for each public livestock market operated by such operator, which payment shall constitute a renewal until September 30 of the following year. The renewal market license fee established by this section on the day preceding the effective date of this act shall continue in effect until a different renewal market license fee is set as provided under this section.
(b) Any person who owns or operates an electronic auction that is simulcast into the state of Kansas and at which livestock located in the state of Kansas are offered for sale, shall apply to the animal health commissioner for an electronic auction license. A license shall be granted to such person upon a showing that such person meets the bond requirements, as established in K.S.A. 47-1002, and amendments thereto, and has paid an annual fee in an amount set by the Kansas animal health board and adopted by rules and regulations of the commissioner of not more than $250. Any such license shall expire on September 30 of each year.
History:
L. 1965, ch. 333, § 6; L. 1970, ch. 206, § 1; L. 1991, ch. 152, § 10; L. 1993, ch. 167, § 2; L. 2000, ch. 111, § 7; L. 2010, ch. 105, § 1; L. 2012, ch. 140, § 83; L. 2021, ch. 99, § 1; May 27.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1001f When license transferable; renewable, when.

47-1001f.
When license transferable; renewable, when.
Each market license is personal to the holder and to the facilities covered thereby, and transferable only upon application in the same form and manner as new applications for such market licenses, except when an owner shall sell and convey a market to a bona fide purchaser who is to continue the market at the same location, the market license shall be transferred to the new owner upon application therefor, without a hearing before the commissioner, upon the furnishing of the required bond and without payment of any additional fee; and the license so transferred shall be renewable upon payment of required fees and otherwise complying with the law for renewal of market licenses.
History:
L. 1965, ch. 333, § 7; June 30.