reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2898a Confidentiality of complaints and reports relating thereto; disclosure, when.

65-2898a.
Confidentiality of complaints and reports relating thereto; disclosure, when.
(a) Any complaint or report, record or other information relating to a complaint which is received, obtained or maintained by the board shall be confidential and shall not be disclosed by the board or its employees in a manner which identifies or enables identification of the person who is the subject or source of the information except the information may be disclosed:
(1) In any proceeding conducted by the board under the law or in an appeal of an order of the board entered in a proceeding, or to any party to a proceeding or appeal or the party's attorney;
(2) to a hospital committee which is authorized to grant, limit or deny hospital privileges, if any disciplinary action authorized by K.S.A. 65-2836 and amendments thereto has at any time been taken against the licensee or if the board has at any time denied a license to the person;
(3) to the person who is the subject of the information or to any person or entity when requested by the person who is the subject of the information, but the board may require disclosure in such a manner that will prevent identification of any other person who is the subject or source of the information; or
(4) to a state or federal licensing, regulatory or enforcement agency with jurisdiction over the subject of the information or to an agency with jurisdiction over acts or conduct similar to acts or conduct which would constitute grounds for action under this act. Any confidential complaint or report, record or other information disclosed by the board as authorized by this section shall not be redisclosed by the receiving agency except as otherwise authorized by law.
(b) This section shall be part of and supplemental to the Kansas healing arts act.
History:
L. 1979, ch. 198, § 9; L. 1986, ch. 229, § 45; L. 1992, ch. 253, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2899 Certification of licensed dentists to administer anesthetics to facilitate medical procedures; suspension or revocation of certificate; procedure.

65-2899.
Certification of licensed dentists to administer anesthetics to facilitate medical procedures; suspension or revocation of certificate; procedure.
A dentist licensed in accordance with the provisions of article 14 of chapter 65 of the Kansas Statutes Annotated shall be certified by the board of healing arts to administer general and local anesthetics to facilitate medical procedures conducted by a person licensed to practice medicine and surgery if such dentist has completed a course of study and residency program in anesthesia from the university of Kansas school of medicine and if such dentist has received a certificate attesting to the successful completion of such course of study and residency program. The board of healing arts may limit, suspend or revoke such certification if a person so certified is found to have committed any of the acts enumerated in K.S.A. 65-2836, and amendments thereto, where applicable. The procedure for limitation, suspension or revocation of such certification shall be in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 1976, ch. 276, § 1; L. 1984, ch. 313, § 123; July 1, 1985.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,100 Temporary license for visiting professor; designation; qualifications; application; rights conferred; validity of license; section supplemental.

65-28,100.
Temporary license for visiting professor; designation; qualifications; application; rights conferred; validity of license; section supplemental.
(a) There is hereby created a designation of visiting professor temporary license which may be issued by the board to a person who holds a degree from an accredited school of medicine or an accredited school of osteopathy; is licensed to practice medicine and surgery in another state, territory, the District of Columbia or another country; and is employed by the university of Kansas school of medicine or by a licensed medical care facility which is engaged in the education of medical students, nurses, physicians' assistants or other paramedical personnel, is offering an approved postgraduate program or is engaged in the continuing education of its medical personnel. The chief administrative officer of the university of Kansas school of medicine or of the licensed medical care facility shall apply to the board on behalf of the visiting professor a visiting professor temporary license. The application for a visiting professor temporary license shall be submitted by the chief administrative officer upon forms approved by the board. Such application shall state that the visiting professor is licensed to practice medicine and surgery in another state, territory, the District of Columbia or another country, that the professor is known to be professionally qualified and that no fee will be charged for services of the visiting professor. The visiting professor temporary license shall confer upon the holder the right and privilege to practice medicine and surgery and shall obligate the holder to comply with all requirements of such license. The visiting professor temporary license shall be valid only during the period in which the holder is employed by the university of Kansas school of medicine or by a licensed medical care facility described above, and such license shall be valid only for the practice of medicine and surgery which is required to perform the professorship.
(b) This section shall be a part of and supplemental to the Kansas healing arts act.
History:
L. 1976, ch. 273, § 39; L. 1987, ch. 240, § 14; January 1, 1988.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,101 Withholding or withdrawal of life-sustaining procedures; legislative finding and declaration.

65-28,101.
Withholding or withdrawal of life-sustaining procedures; legislative finding and declaration.
The legislature finds that adult persons have the fundamental right to control the decisions relating to the rendering of their own medical care, including the decision to have life-sustaining procedures withheld or withdrawn in instances of a terminal condition.
In order that the rights of patients may be respected even after they are no longer able to participate actively in decisions about themselves, the legislature hereby declares that the laws of this state shall recognize the right of an adult person to make a written declaration instructing his or her physician to withhold or withdraw life-sustaining procedures in the event of a terminal condition.
History:
L. 1979, ch. 199, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,102 Same; definitions.

65-28,102.
Same; definitions.
As used in this act:
(a) "Attending physician" means the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient.
(b) "Declaration" means a witnessed document in writing, voluntarily executed by the declarant in accordance with the requirements of K.S.A. 65-28,103.
(c) "Life-sustaining procedure" means any medical procedure or intervention which, when applied to a qualified patient, would serve only to prolong the dying process and where, in the judgment of the attending physician, death will occur whether or not such procedure or intervention is utilized. "Life-sustaining procedure" shall not include the administration of medication or the performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain.
(d) "Physician" means a person licensed to practice medicine and surgery by the state board of healing arts.
(e) "Qualified patient" means a patient who has executed a declaration in accordance with this act and who has been diagnosed and certified in writing to be afflicted with a terminal condition by two physicians who have personally examined the patient, one of whom shall be the attending physician.
History:
L. 1979, ch. 199, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,104 Same; revocation of declaration.

65-28,104.
Same; revocation of declaration.
(a) A declaration may be revoked at any time by the declarant by any of the following methods:
(1) By being obliterated, burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel;
(2) by a written revocation of the declaration signed and dated by the declarant or person acting at the direction of the declarant; or
(3) by a verbal expression of the intent to revoke the declaration, in the presence of a witness eighteen (18) years of age or older who signs and dates a writing confirming that such expression of intent was made. Any verbal revocation shall become effective upon receipt by the attending physician of the above mentioned writing. The attending physician shall record in the patient's medical record the time, date and place of when he or she received notification of the revocation.
(b) There shall be no criminal or civil liability on the part of any person for failure to act upon a revocation made pursuant to this section unless that person has actual knowledge of the revocation.
History:
L. 1979, ch. 199, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,105 Same; written certification and confirmation of declarant's terminal condition; effect of failure to comply.

65-28,105.
Same; written certification and confirmation of declarant's terminal condition; effect of failure to comply.
An attending physician who has been notified of the existence of a declaration executed under this act, without delay after the diagnosis of a terminal condition of the declarant, shall take the necessary steps to provide for written certification and confirmation of the declarant's terminal condition, so that declarant may be deemed to be a qualified patient under this act.
An attending physician who fails to comply with this section shall be deemed to have refused to comply with the declaration and shall be subject to subsection (a) of K.S.A. 65-28,107.
History:
L. 1979, ch. 199, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,106 Same; desires of qualified patient supersede declaration; presumptions relating to declaration; immunity from civil or criminal liability for persons acting pursuant to declaration.

65-28,106.
Same; desires of qualified patient supersede declaration; presumptions relating to declaration; immunity from civil or criminal liability for persons acting pursuant to declaration.
The desires of a qualified patient shall at all times supersede the effect of the declaration.
If the qualified patient is incompetent at the time of the decision to withhold or withdraw life-sustaining procedures, a declaration executed in accordance with K.S.A. 65-28,103 is presumed to be valid. For the purpose of this act, a physician or medical care facility may presume in the absence of actual notice to the contrary that an individual who executed a declaration was of sound mind when it was executed. The fact of an individual's having executed a declaration shall not be considered as an indication of a declarant's mental incompetency. Age of itself shall not be a bar to a determination of competency.
No physician, licensed health care professional, medical care facility or employee thereof who in good faith and pursuant to reasonable medical standards causes or participates in the withholding or withdrawing of life-sustaining procedures from a qualified patient pursuant to a declaration made in accordance with this act shall, as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct.
History:
L. 1979, ch. 199, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,107 Same; attending physician's refusal to comply with declaration of qualified patient; transfer of patient; unprofessional conduct; unlawful acts.

65-28,107.
Same; attending physician's refusal to comply with declaration of qualified patient; transfer of patient; unprofessional conduct; unlawful acts.
(a) An attending physician who refuses to comply with the declaration of a qualified patient pursuant to this act shall effect the transfer of the qualified patient to another physician. Failure of an attending physician to comply with the declaration of a qualified patient and to effect the transfer of the qualified patient shall constitute unprofessional conduct as defined in K.S.A. 65-2837, and amendments thereto.
(b) Any person who willfully conceals, cancels, defaces, obliterates or damages the declaration of another without such declarant's consent or who falsifies or forges a revocation of the declaration of another shall be guilty of a class A person misdemeanor.
(c) Any person who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of the revocation of a declaration, with the intent to cause a withholding or withdrawal of life-sustaining procedures contrary to the wishes of the declarant, and thereby, because of such act, directly causes life-sustaining procedures to be withheld or withdrawn and death to be hastened, shall be guilty of a severity level 7 person felony.
History:
L. 1979, ch. 199, § 7; L. 2007, ch. 198, § 10; May 24.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,108 Same; construction and effect of act.

65-28,108. Same; construction and effect of act.
(a) The withholding or withdrawal of life-sustaining procedures from a qualified patient in accordance with the provisions of this act shall not, for any purpose, constitute a suicide and shall not constitute the crime of assisting suicide as defined in K.S.A. 21-5407, and amendments thereto.
(b) The making of a declaration pursuant to K.S.A. 65-28,103, and amendments thereto, shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining procedures from an insured qualified patient, notwithstanding any term of the policy to the contrary.
(c) No physician, medical care facility, or other health care provider, and no health care service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare benefit plan or nonprofit medical and hospital service corporation shall require any person to execute a declaration as a condition for being insured for, or receiving, health care services.
(d) Nothing in this act shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of life-sustaining procedures in any lawful manner. In such respect the provisions of this act are cumulative.
(e) This act shall create no presumption concerning the intention of an individual who has not executed a declaration to consent to the use or withholding of life-sustaining procedures in the event of a terminal condition.
History:
L. 1979, ch. 199, § 8; L. 1997, ch. 8, § 13; L. 2011, ch. 30, § 243; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,109 Same; act not to be construed to condone or approve mercy killing or to permit other than natural process of dying.

65-28,109.
Same; act not to be construed to condone or approve mercy killing or to permit other than natural process of dying.
Nothing in this act shall be construed to condone, authorize or approve mercy killing or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying as provided in this act.
History:
L. 1979, ch. 199, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,121 Reports by hospitals and others; administrative fines for failure to report.

65-28,121.
Reports by hospitals and others; administrative fines for failure to report.
(a) Subject to the provisions of subsection (c) of K.S.A. 65-4923, and amendments thereto, a medical care facility licensed under K.S.A. 65-425 et seq., and amendments thereto, shall, and any person may, report under oath to the state board of healing arts any information such facility or person has which appears to show that a person licensed to practice the healing arts has committed an act which may be a ground for disciplinary action pursuant to K.S.A. 65-2836, and amendments thereto.
(b) A medical care facility shall inform the state board of healing arts whenever the practice privileges of any person licensed to practice the healing arts are terminated, suspended or restricted or whenever such privileges are voluntarily surrendered or limited for reasons relating to such person's professional competence.
(c) Any medical care facility which fails to report within 30 days after the receipt of information required to be reported by this section shall be reported by the state board of healing arts to the secretary of health and environment and shall be subject, after proper notice and an opportunity to be heard, to a civil fine assessed by the secretary of health and environment in an amount not exceeding $1,000 per day for each day thereafter that the incident is not reported. 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. 1983, ch. 213, § 2; L. 1986, ch. 229, § 46; L. 1988, ch. 255, § 1; L. 2001, ch. 5, § 240; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,122 Person licensed, registered or certified to practice a profession regulated by the board required to report knowledge of violation of K.S.A. 65-2836 to state board of healing arts; exceptions.

65-28,122. Person licensed, registered or certified to practice a profession regulated by the board required to report knowledge of violation of K.S.A. 65-2836 to state board of healing arts; exceptions.
(a) Subject to the provisions of subsection (c) of K.S.A. 65-4923, and amendments thereto, any person licensed, registered or certified to practice any profession regulated by the board who possesses knowledge not subject to the physician-patient privilege that another person so licensed, registered or certified has committed any act enumerated under any practice act administered by the board which may be a ground for disciplinary action shall immediately report such knowledge, under oath, to the state board of healing arts. A person licensed, registered or certified to practice any profession regulated by the board who possesses such knowledge shall reveal fully such knowledge upon official request of the state board of healing arts.
(b) As used in subsection (a), "knowledge" means familiarity because of direct involvement or observation of the incident.
(c) The provisions of subsection (a) shall not apply to any person licensed, registered or certified to practice any profession regulated by the board who is acting solely as a consultant or providing a review at the request of any person or party.
(d) This section shall be part of and supplemental to the Kansas healing arts act.
History:
L. 1983, ch. 213, § 4; L. 1986, ch. 229, § 47; L. 2014, ch. 131, § 38; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,123 Temporary education license; issuance; qualifications; conditions; fee.

65-28,123.
Temporary education license; issuance; qualifications; conditions; fee.
(a) There is hereby created a designation of temporary education license. This license may be issued by the board to any person who: (1) Holds a degree from an accredited school of medicine or an accredited school of osteopathy; (2) is licensed to practice medicine and surgery in another state, territory, the District of Columbia or another country; and (3) is enrolled in a continuing medical education program conducted by the University of Kansas school of medicine or other continuing medical education program offered by a medical care facility affiliated with the university of Kansas school of medicine or offered by a medical care facility which is an accredited osteopathic hospital.
(b) The chief administrative officer of the university of Kansas school of medicine or of the medical care facility shall apply to the state board of healing arts on behalf of the person seeking a temporary education license upon forms approved by the board.
(c) The temporary education license shall confer upon the holder the right and privilege to practice medicine and surgery and shall obligate the holder to comply with all requirements of such license but no fee may be charged for the services of the holder. A person who holds a temporary education license under this section shall be subject to the provisions of the health care provider insurance availability act.
(d) The temporary education license shall be valid only during the period in which the holder is enrolled in a continuing medical education program offered by the university of Kansas school of medicine or other continuing medical education program offered by a medical care facility affiliated with the university of Kansas school of medicine or offered by a medical care facility which is an accredited osteopathic hospital, and such license shall be valid only for the practice of medicine and surgery required to fulfill the requirements of the continuing medical education program.
(e) The fee for a temporary education license shall be $25.
(f) This section shall be part of and supplemental to the Kansas healing arts act.
History:
L. 1989, ch. 183, § 1; May 18.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,124 Visiting clinical professor license; issuance; qualifications; practice limitations; renewal; continuing education.

65-28,124.
Visiting clinical professor license; issuance; qualifications; practice limitations; renewal; continuing education.
(a) There is hereby created a designation of visiting clinical professor license which may be issued by the board to a person who is qualified for a license for the practice of medicine and surgery on an active basis under the Kansas healing arts act. The application for a visiting clinical professor license shall be made to the board upon forms approved by the board and shall be accompanied with a statement from the chief administrative officer of the university of Kansas school of medicine at the university of Kansas medical center stating that the person is under contract with the university of Kansas medical center or one of the affiliated private practice foundations of the university of Kansas medical center to provide patient care and clinical teaching at the university of Kansas medical center or at one of the affiliated private practice foundations at the university of Kansas medical center and that the information on the application has been verified to be correct. Application for a visiting clinical professor license and for any renewal or reinstatement thereof shall be also accompanied by proof that the person has the professional liability insurance that would be required if the person were defined as a health care provider by subsection (f) of K.S.A. 40-3401 and amendments thereto in an amount of not less than the basic coverage specified under subsection (a) of K.S.A. 40-3402 and amendments thereto plus an amount of not less than the amount specified under OPTION 3 of subsection (l) of K.S.A. 40-3403 and amendments thereto, and by an affidavit that the person will maintain this professional liability insurance during the time that the visiting clinical professor license is valid. A visiting clinical professor license shall be valid only for the practice of medicine and surgery at the university of Kansas medical center or at one of the affiliated private practice foundations at the university of Kansas medical center. Physicians who are defined as full time physician faculty employed by the university of Kansas medical center under subsection (s) of K.S.A. 40-3401 and amendments thereto are not eligible for a visiting clinical professor license.
(b) The provisions of subsections (a), (d) and (e) of K.S.A. 65-2809 and amendments thereto relating to expiration and renewal of a license and the provisions of subsection (b) of K.S.A. 65-2809 and amendments thereto relating to continuing education requirements shall be applicable to a visiting clinical professor license issued under this section.
(c) This section shall be a part of and supplemental to the Kansas healing arts act.
History: L. 1992, ch. 156, § 1; April 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,125 Limited permit to practice a branch of the healing arts; issuance; qualifications; practice limitations; renewal.

65-28,125.
Limited permit to practice a branch of the healing arts; issuance; qualifications; practice limitations; renewal.
(a) There is hereby created a designation of limited permit to practice a branch of the healing arts which may be issued by the board to a person who holds a degree from a healing arts school; is duly licensed and in good standing to practice the same branch of the healing arts in another state, territory, or the District of Columbia; has made proper application upon forms provided by the board; has paid the prescribed fee established under K.S.A. 65-2852 and amendments thereto; has not previously been licensed in this state; and will provide professional services in this state only as a charitable health care provider as defined under K.S.A. 75-6102 and amendments thereto.
(b) The limited permit issued under subsection (a), when issued, shall authorize the person receiving the permit to practice the appropriate branch of the healing arts as a charitable health care provider but shall not authorize the person receiving the permit to otherwise engage in the practice of the healing arts in this state.
(c) The provisions of subsections (a), (d) and (e) of K.S.A. 65-2809 and amendments thereto relating to expiration, renewal and reinstatement of a license shall be applicable to a limited permit issued under this section.
(d) This section shall be a part of and supplemental to the Kansas healing arts act.
History:
L. 1995, ch. 82, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,126 Changes in licensee's mailing and practice addresses; notice to board; penalties.

65-28,126. Changes in licensee's mailing and practice addresses; notice to board; penalties.
(a) It shall be the duty of each licensee to notify the state board of healing arts in writing within 30 days of any changes in the licensee's mailing and practice addresses.
(b) A penalty in the amount not to exceed $100 for the first violation of subsection (a) and $150 for each subsequent violation of subsection (a) may be assessed by the state board of healing arts under the provisions of K.S.A. 65-2863a, and amendments thereto.
(c) This section shall be part of and supplemental to the Kansas healing arts act.
History:
L. 1995, ch. 82, § 6; L. 2014, ch. 131, § 39; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,129 State board of healing arts; fingerprinting and criminal history.

65-28,129.
State board of healing arts; fingerprinting and criminal history.
(a) As part of an original application for or reinstatement of any license, registration, permit or certificate or in connection with any investigation of any holder of a license, registration, permit 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, registration, permit 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, registration, permit 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 part of and supplemental to the Kansas healing arts act.
History:
L. 2008, ch. 154, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,130 Same; graduated sanctions; reference guide.

65-28,130.
Same; graduated sanctions; reference guide.
(a) The board shall adopt a formal list of graduated sanctions for violations of the Kansas healing arts act which may be used by the board as a reference guide for the imposition of each level of sanction.
(b) This section shall be part of and supplemental to the Kansas healing arts act.
History:
L. 2008, ch. 154, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,131 Same; website; licensee information.

65-28,131. Same; website; licensee information.
(a) The board shall make available, unless otherwise prohibited by law, on a searchable website which shall be accessible by the public, the following information, which has been reported to the board, regarding licensees:
(1) The licensee's full name, business address, telephone number, license number, type, status and expiration date;
(2) the licensee's practice specialty, if any, and board certifications, if any;
(3) any public disciplinary action taken against the licensee by the board or by the licensing agency of any state or other country in which the licensee is currently licensed or has been licensed in the past;
(4) any involuntary limitation, denial, revocation or suspension of the licensee's staff membership or clinical privileges at any hospital or other health care facility, and the name of the hospital or facility, the date the action was taken, a description of the action, including any terms and conditions of the action and whether the licensee has fulfilled the conditions of the action;
(5) any involuntary surrender of the licensee's drug enforcement administration registration; and
(6) any final criminal conviction resulting from the commission of a felony in any state or country.
(b) Any person applying for an active license, including a renewal or reinstatement license, shall provide the information required in subsection (a) on forms or in a manner determined by the board by rule and regulation.
(c) At the time of licensure or renewal, a licensee may add a statement to such licensee's profile as it appears on the website created herein. Such statement may provide further explanation of any disciplinary information contained in such licensee's profile.
(d) This section shall be part of and supplemental to the healing arts act.
History:
L. 2008, ch. 154, § 4; L. 2014, ch. 131, § 59; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-28,132 Medical records maintenance trust fund; authorized uses of moneys credited to fund; rules and regulations.

65-28,132. Medical records maintenance trust fund; authorized uses of moneys credited to fund; rules and regulations.
(a) For the purpose of paying for storage, maintenance and transfer of medical records by the board of healing arts, there is hereby established the medical record maintenance trust fund. All payments and disbursements from the medical records maintenance trust fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive director of the board or by any person designated by the board.
(b) The board may certify to the director of accounts and reports that a specific amount, but not more than $10, of each fee for the issuance or renewal of a license be credited to the medical records maintenance trust fund until such time the balance exceeds $100,000. At any time the balance in the medical records trust fund falls below $100,000, the board shall certify again to the director of accounts and reports that a specific amount, but not to exceed $10, of each fee for the issuance or renewal of a license be deposited in the state treasury and credited to the medical records maintenance trust fund. The board may order a licensee to reimburse the amount of expenses incurred by the board in a case when such licensee failed to designate a custodian or provide for the storage, maintenance, transfer and access to such licensee's medical records upon becoming inactive. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the medical records maintenance trust fund. All funds deposited and credited to the medical records maintenance fund shall be expended for the purposes set forth in this section.
(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the medical records maintenance trust fund interest earnings based on: (1) The average daily balance of moneys in the medical records maintenance trust fund for the preceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) The board of healing arts shall adopt rules and regulations establishing the procedures and standards necessary to implement the provisions of this section within one year of the effective date of this section.
(e) This section shall be part of and supplemental to the Kansas healing arts act.
History:
L. 2009, ch. 133, § 1; L. 2014, ch. 131, § 41; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28a - Physician Assistants › 65-28a01 Physician assistant licensure act; citation.

65-28a01.
Physician assistant licensure act; citation.
K.S.A. 65-28a01 to 65-28a12, inclusive, and amendments thereto, of this act shall be known and may be cited as the physician assistant licensure act.
History:
L. 2000, ch. 162, § 1; February 1, 2001.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28a - Physician Assistants › 65-28a02 Definitions.

65-28a02. Definitions.
(a) The following words and phrases when used in the physician assistant licensure act shall have the meanings respectively ascribed to them in this section:
(1) "Board" means the state board of healing arts.
(2) "Direction and supervision" means the guidance, direction and coordination of activities of a physician assistant by such physician assistant's supervising physician, whether written or verbal, whether immediate or by prior arrangement, in accordance with standards established by the board by rules and regulations, which standards shall be designed to ensure adequate direction and supervision by the supervising physician of the physician assistant. The term "direction and supervision" shall not be construed to mean that the immediate or physical presence of the supervising physician is required during the performance of the physician assistant.
(3) "Physician" means any person licensed by the state board of healing arts to practice medicine and surgery.
(4) "Physician assistant" means a person who is licensed in accordance with the provisions of K.S.A. 65-28a04, and amendments thereto, and who provides patient services under the direction and supervision of a supervising physician.
(5) "Supervising physician" means prior to January 11, 2016, a responsible physician and on and after January 11, 2016, a physician who has accepted responsibility for the medical services rendered and actions of the physician assistant while performing under the direction and supervision of the supervising physician.
(6) "Responsible physician" means a physician who has accepted continuous and ultimate responsibility for the medical services rendered and actions of the physician assistant while performing under the direction and supervision of the responsible physician.
(7) "Licensee," for purposes of the physician assistant licensure act, means all persons issued a license or temporary license pursuant to the physician assistant licensure act.
(8) "License," for purposes of the physician assistant licensure act, means any license or temporary license granted by the physician assistant licensure act.
(9) "Agreement" means, prior to January 11, 2016, protocol and on and after January 11, 2016, agreement.
(b) Prior to January 11, 2016, wherever the term "supervising physician" in connection with the term "physician assistant," or words of like effect, appears in any statute, contract or other document, it shall mean responsible physician as defined in subsection (a)(6). On and after January 11, 2016, such term shall mean supervising physician as defined in subsection (a)(5).
History:
L. 2000, ch. 162, § 2; L. 2014, ch. 131, § 42; L. 2015, ch. 46, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28a - Physician Assistants › 65-28a04 Licensure as a physician assistant, requirements; refusal to license; continuing education; registration to licensure transition.

65-28a04.
Licensure as a physician assistant, requirements; refusal to license; continuing education; registration to licensure transition.
(a) No person shall be licensed as a physician assistant by the state board of healing arts unless such person has:
(1) Presented to the state board of healing arts proof that the applicant has successfully completed a course of education and training approved by the state board of healing arts for the education and training of a physician assistant or presented to the state board of healing arts proof that the applicant has acquired experience while serving in the armed forces of the United States which experience is equivalent to the minimum experience requirements established by the state board of healing arts;
(2) passed an examination approved by the state board of healing arts covering subjects incident to the education and training of a physician assistant; and
(3) submitted to the state board of healing arts any other information the state board of healing arts deems necessary to evaluate the applicant's qualifications.
(b) The board may refuse to license a person as a physician assistant upon any of the grounds for which the board may revoke such license.
(c) The state board of healing arts shall require every physician assistant to submit with the renewal application evidence of satisfactory completion of a program of continuing education required by the state board of healing arts. The state board of healing arts by duly adopted rules and regulations shall establish the requirements for such program of continuing education as soon as possible after the effective date of this act. In establishing such requirements the state board of healing arts shall consider any existing programs of continuing education currently being offered to physician assistants.
(d) A person registered to practice as a physician assistant immediately prior to the effective date of this act shall be deemed to be licensed to practice as a physician assistant under this act, and such person shall not be required to file an original application for licensure under this act. Any application for registration filed which has not been granted prior to February 1, 2001, shall be processed as an application for licensure under this act.
History:
L. 2000, ch. 162, § 4; February 1, 2001.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28a - Physician Assistants › 65-28a06 Prohibited acts; act not to include certain persons; penalty for violations.

65-28a06. Prohibited acts; act not to include certain persons; penalty for violations.
(a) It shall be unlawful for any person who is not licensed under this act or whose license has been revoked or suspended to engage in the practice as a physician assistant as defined by this act.
(b) No person shall use any title, abbreviation, letters, figures, sign, card or device to indicate that any person is a licensed physician assistant, nor shall any person represent oneself to be a licensed physician assistant unless such person has been duly licensed as a physician assistant in accordance with the provisions of this act.
(c) The provisions of this act shall not be construed to include the following persons:
(1) Persons rendering gratuitous services in the case of an emergency.
(2) Persons gratuitously administering ordinary household remedies.
(3) Individuals practicing religious beliefs which provide for reliance on spiritual means alone for healing.
(4) Students while performing professional services in an approved physician assistant education and training program under the supervision of an approved instructor.
(5) Persons whose professional services are performed under the direct and personal supervision or by order of a practitioner who is licensed under the healing arts act.
(6) Other health care providers licensed, registered, certified or otherwise credentialed by agencies of the state of Kansas.
(7) Persons who practice as physician assistants solely in the course of employment or active duty in the United States government or any of its departments, bureaus or agencies.
(d) Any person violating the provisions of this section shall be guilty of a class B misdemeanor.
History:
L. 2000, ch. 162, § 6; L. 2014, ch. 131, § 45; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28a - Physician Assistants › 65-28a07 Temporary licensure; period of validity.

65-28a07. Temporary licensure; period of validity.
(a) The board shall provide for the temporary licensure of any physician assistant who has made proper application for licensure, has the required qualifications for licensure, except for examination, and has paid the prescribed license fee. Such temporary license shall authorize the person so licensed to provide patient services within the limits of the temporary license.
(b) A temporary license is valid: (1) For six months from the date of issuance; or (2) until the board makes a final determination on the applicant's request for licensure. The board may extend a temporary license, upon a majority vote of the members of the board, for a period not to exceed one year.
History:
L. 2000, ch. 162, § 7; L. 2014, ch. 131, § 46; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28a - Physician Assistants › 65-28a09 Supervising physician; notice to board when supervision and direction terminated; forms.

65-28a09. Supervising physician; notice to board when supervision and direction terminated; forms.
(a) If a supervising physician temporarily leaves such physician's customary location of practice, the supervising physician shall, by prior arrangement, name another supervising physician who shall provide direction and supervision to the physician assistant.
(b) A physician assistant shall not perform professional services unless the name, address and signature of each supervising physician and the form required under subsection (a)(2) of K.S.A. 65-28a03, and amendments thereto, have been provided to the board. A supervising physician and physician assistant shall notify the board when supervision and direction of the physician assistant has terminated. The board shall provide forms for identifying each supervising physician and for giving notice that direction and supervision has terminated. These forms may direct that additional information be provided, including a copy of any written agreements, as required by rules and regulations adopted by the board.
History:
L. 2000, ch. 162, § 9; L. 2014, ch. 131, § 48; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28a - Physician Assistants › 65-28a11 Physician assistant council established; appointment of members; payment for attending meetings of council.

65-28a11. Physician assistant council established; appointment of members; payment for attending meetings of council.
(a) There is established a physician assistant council to advise the board in carrying out the provisions of K.S.A. 65-28a01 through 65-28a09, and amendments thereto. The council shall consist of five members, all citizens and residents of the state of Kansas appointed as follows: One member shall be a physician appointed by the board who is a supervising physician for a physician assistant; one member shall be the president of the board or a person designated by the president; and three members shall be licensed physician assistants appointed by the governor. The governor, insofar as possible, shall appoint persons from different geographical areas and persons who represent various types of practice settings. If a vacancy occurs on the council, the appointing authority of the position which has become vacant shall appoint a person of like qualifications to fill the vacant position for the unexpired term, if any. The Kansas academy of physician assistants shall recommend the names of licensed physician assistants to the governor in a number equal to at least twice the positions or vacancies to be filled, and the governor may appoint members to fill the positions or vacancies from the submitted list. Members of the council appointed by the governor on and after the effective date of this act shall be appointed for terms of three years and until their successors are appointed and qualified except that of the members first appointed by the governor on or after the effective date of this act one shall be appointed for a term of one year, one shall be appointed for a term of two years and one shall be appointed for a term of three years, as designated by the governor. The member appointed by the board shall serve at the pleasure of the board. A member designated by the president of the board shall serve at the pleasure of the president.
(b) Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto, from the healing arts fee fund.
History:
L. 2000, ch. 162, § 11; L. 2014, ch. 131, § 49; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28a - Physician Assistants › 65-28a12 Administrative proceedings; actions to enjoin violations.

65-28a12.
Administrative proceedings; actions to enjoin violations.
(a) All administrative proceedings to revoke, suspend, limit or deny a license, or to censure a licensee, shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(b) When it appears to the board that any person is violating any of the provisions of this act, the board may bring an action in the name of the state of Kansas in a court of competent jurisdiction for an injunction against such violation without regard to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
History:
L. 2000, ch. 162, § 12; February 1, 2001.