reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-16,105 Same; another agency or private vendor as contractor; maintenance and destruction of records; educational program for pharmacies; annual report.

65-16,105.
Same; another agency or private vendor as contractor; maintenance and destruction of records; educational program for pharmacies; annual report.
(a) The board is hereby authorized to contract with another agency of this state or with a private vendor, as necessary, to ensure the effective implementation and operation of the methamphetamine precursor recording log. The state agency or private vendor selected shall have the technological capability to receive electronic log data from pharmacies submitted pursuant to K.S.A. 65-16,102, and amendments thereto, and to send real time notification to law enforcement officials. Regardless of the entity selected to manage the program, pharmacies are not required to use any one particular vendor's product to comply with the requirements under K.S.A. 65-16,102, and amendments thereto. Any electronic system implemented by the state shall be capable of bridging with existing and future operational systems used by pharmacies at no cost to such pharmacies. Any contractor shall be bound to comply with the provisions regarding confidentiality of log information in this section, and amendments thereto, and shall be subject to the penalties specified in K.S.A. 65-16,107, and amendments thereto, for unlawful acts.
(b) All information collected for the program database and any records maintained by the board, or by any entity contracting with the board, submitted to, maintained or stored as a part of the database, shall be retained for five years. Such information and records shall then be destroyed unless a law enforcement entity has submitted a written request to the board for retention of specific information or records in accordance with procedures adopted by the board.
(c) The board shall develop and implement a program to educate pharmacies and pharmacy employees about the program for the recording of methamphetamine precursors.
(d) The board shall review the effectiveness of the program for the recording of methamphetamine precursors and submit an annual report to the senate standing committee on public health and welfare and the house standing committee on health and human services.
History:
L. 2009, ch. 131, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-16,106 Same; rules and regulations.

65-16,106.
Same; rules and regulations.
The board shall adopt, within six months after the effective date of this act, such rules and regulations the board deems necessary to carry out the provisions of this act.
History:
L. 2009, ch. 131, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-16,107 Same; penalties.

65-16,107.
Same; penalties.
(a) A pharmacy that knowingly fails to submit methamphetamine precursor recording log information to the board as required by this act or knowingly submits incorrect log information shall be guilty of a severity level 10, nonperson felony.
(b) A person authorized to have log information pursuant to this act who knowingly discloses such information in violation of this act shall be guilty of a severity level 10, nonperson felony.
(c) A person authorized to have log information pursuant to this act who knowingly uses such information in a manner or for a propose in violation of this act shall be guilty of a severity level 10, nonperson felony.
History:
L. 2009, ch. 131, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-16,108 Same; short title.

65-16,108.
Same; short title.
K.S.A. 65-16,101 through 65-16,108, and amendments thereto, shall be known and may be cited as the statewide electronic logging system for sale of methamphetamine precursor act.
History:
L. 2009, ch. 131, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-16,121 Pharmacy audit integrity act.

65-16,121. Pharmacy audit integrity act.
(a) K.S.A. 65-16,121 through 65-16,126, and amendments thereto, shall be known and may be cited as the pharmacy audit integrity act.
(b) This section shall take effect on and after July 1, 2011.
History:
L. 2011, ch. 114, § 1; June 9.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-16,122 Same; definitions.

65-16,122. Same; definitions.
(a) As used in this act, "pharmacy benefits manager" or "PBM" means a person, business or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a PBM in contractual or employment relationship in the performance of pharmacy benefits management for a managed care company, not-for-profit hospital or medical service organization, insurance company, third-party payor or health program administered by the state board of pharmacy.
(b) This section shall take effect on and after July 1, 2011.
History:
L. 2011, ch. 114, § 2; June 9.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-16,123 Same; procedural requirements.

65-16,123. Same; procedural requirements.
(a) The entity conducting the audit shall follow the following procedures:
(1) An entity conducting an on-site audit must give the pharmacy at least seven days written notice before conducting an initial audit;
(2) an audit that involves clinical or professional judgment must be conducted by or in consultation with a licensed pharmacist;
(3) the period covered by the audit may not exceed two years from the date that the claim was submitted to or adjudicated by the entity;
(4) the pharmacy may request an extension not to exceed seven days from the date of an originally scheduled on-site audit;
(5) the pharmacy may use the records of a hospital, physician or other authorized practitioner to validate the pharmacy record;
(6) any legal prescription, in compliance with the requirements of the state board of pharmacy, may be used to validate claims in connection with prescriptions, refills or changes in prescriptions;
(7) each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies; and
(8) the entity conducting the audit must establish a written appeals process.
(b) The entity conducting the audit shall also comply with the following requirements:
(1) A finding of overpayment or underpayment must be based on the actual overpayment or underpayment and not a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs;
(2) the entity conducting the audit shall not use extrapolation in calculating the recoupments or penalties for audits, unless required by state or federal contracts;
(3) the auditing company or agent may not receive payment based on a percentage of the amount recovered, unless required by contracts; and
(4) interest may not accrue during the audit period.
(c) This section shall take effect on and after July 1, 2011.
History:
L. 2011, ch. 114, § 3; June 9.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-16,124 Same; audit reports; recoupment and repayment of funds; access to audit information.

65-16,124. Same; audit reports; recoupment and repayment of funds; access to audit information.
(a) Any preliminary audit report must be delivered to the pharmacy within 60 days after the conclusion of the audit. Any pharmacy shall be allowed at least 30 days following receipt of the preliminary audit to provide documentation to address any discrepancy found in the audit. Any final audit report shall be delivered to the pharmacy within 120 days after receipt of the preliminary audit report or final appeal, whichever is later.
(b) Recoupment of any disputed funds or repayment of funds to the entity by the pharmacy, if permitted pursuant to contracts, shall occur, to the extent demonstrated or documented in the pharmacy audit findings, after final internal disposition of the audit including the appeals process. If the identified discrepancy for an individual audit exceeds $20,000, any future payments to the pharmacy may be withheld pending finalization of the audit. Unless otherwise required by the federal or state law, any audit information may not be shared. Auditors shall only have access to previous audit reports on a particular pharmacy conducted by that same entity.
(c) This section shall take effect on and after July 1, 2011.
History:
L. 2011, ch. 114, § 4; June 9.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-16,125 Same; final report; availability.

65-16,125. Same; final report; availability.
(a) Any auditing entity, upon request of the plan sponsor, shall provide a copy of the final report, including the disclosure of any money recouped in the audit. The pharmacy may provide a copy of the report to the commissioner of insurance, provided such report shall not contain any personally identifiable health information in violation of the provisions of the health insurance portability and accountability act of 1996 (Pub. L. No. 104-191).
(b) This section shall take effect on and after July 1, 2011.
History:
L. 2011, ch. 114, § 5; June 9.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-16,126 Same; application of the act.

65-16,126. Same; application of the act.
(a) This act shall apply to contracts between an auditing entity and a pharmacy entered into, extended or renewed on or after the effective date of this act. This act shall not apply to any audit, review or investigation that is initiated based upon suspected or alleged fraud, willful misrepresentation or abuse.
(b) This section shall take effect on and after July 1, 2011.
History:
L. 2011, ch. 114, § 6; June 9.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-16,128 Electronic transmission of prescription orders required, when; exceptions.

65-16,128. Electronic transmission of prescription orders required, when; exceptions.
(a) Every prescription order issued for a controlled substance in schedules II-V that contains an opiate, as described in the uniform controlled substances act, shall be transmitted electronically unless:
(1) Electronic prescription orders are not possible due to technological or electronic system failures;
(2) electronic prescribing is not available to the prescriber due to economic hardship or technological limitations that are not reasonably within the control of the prescriber, or other exceptional circumstances exist, as demonstrated by the prescriber;
(3) the prescription order is for a compounded preparation containing two or more components or requires information that makes electronic submission impractical, such as complicated or lengthy instructions for use;
(4) the prescription order is issued by a licensed veterinarian;
(5) the prescriber reasonably determines that it would be impractical for the patient to obtain the substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patient's medical condition;
(6) the prescription order is issued pursuant to drug research or drug therapy protocols;
(7) the prescription order is by a prescriber who issues 50 or fewer prescription orders per year for controlled substances that contain opiates; or
(8) the United States food and drug administration requires the prescription order to contain elements that are not compatible or possible with electronic prescriptions.
(b) (1) A prescriber may request a waiver from the provisions of subsection (a) for a period not to exceed six months if such prescriber cannot comply with subsection (a) due to economic hardship, technological limitations that reasonably are not within the prescriber's control or other circumstance demonstrated by the prescriber. If a waiver is granted by the board, the prescriber may request that such waiver be renewed for a period not to exceed six months. Requests for a waiver or renewal shall be submitted to the board in such form and manner as prescribed by the board and shall include the reason for the request and any other information required by the board.
(2) If a prescriber prescribes a controlled substance by non-electronic prescription, such prescriber shall indicate the prescription is made pursuant to a waiver granted pursuant to this section. A pharmacist shall not be required to verify the validity of any waiver, either with the prescriber or the board, but may do so in accordance with K.S.A. 65-1637, and amendments thereto.
(c) The provisions of this section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
(d) The provisions of this section shall take effect on and after July 1, 2021.
History:
L. 2019, ch. 52, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-16,129 Pharmacists authorized to administer drugs, when; exceptions.

65-16,129. Pharmacists authorized to administer drugs, when; exceptions.
(a) (1) A licensed pharmacist may administer a drug by injection that, in the judgment of the prescriber, may be safely self-administered by a patient, to a patient pursuant to a prescription order, unless the prescription order includes the words "not to be administered by a pharmacist," or words of like effect.
(2) Nothing in this section shall replace, repeal or supersede the requirements prescribed in K.S.A. 65-4a10, and amendments thereto.
(b) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 2019, ch. 52, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-16,130 Telepharmacy; definitions; requirements for operation; state board of pharmacy rules and regulations.

65-16,130. Telepharmacy; definitions; requirements for operation; state board of pharmacy rules and regulations.
(a) As used in this section:
(1) "Telepharmacy" means the practice of pharmacy by a pharmacist located in Kansas using telecommunications or other automations and technologies to deliver personalized, electronically documented, real-time pharmaceutical care to patients or their agents, who are located at sites other than where the pharmacist is located, including prescription dispensing and counseling and to oversee and supervise telepharmacy outlet operations.
(2) "Telepharmacy outlet" means a pharmacy site located in Kansas that:
(A) Is registered as a pharmacy under the act;
(B) is owned by the managing pharmacy;
(C) is connected via computer link, video link and audio link or other functionally equivalent telecommunications equipment with a supervising pharmacy located in Kansas; and
(D) has a pharmacy technician on site who performs activities under the electronic supervision of a pharmacist located in Kansas.
(b) A pharmacist shall be in attendance at the telepharmacy outlet by connecting to the telepharmacy outlet via computer link, video link and audio link or other functionally equivalent telecommunications equipment and shall be available to consult with and assist the pharmacy technician in performing activities.
(c) Not later than January 1, 2023, the board shall adopt rules and regulations necessary to specify additional criteria for a managing pharmacy and telepharmacy outlet under this section, including, but not limited to:
(1) Application requirements;
(2) structural, security, technology and equipment requirements;
(3) staffing, training and electronic supervision requirements;
(4) inventory record keeping and storage requirements;
(5) labeling requirements;
(6) establishment of policies and procedures;
(7) the number of telepharmacy outlets that may be operated by a supervising pharmacy;
(8) use of automated dispensing machines; and
(9) criteria for requesting exemptions or waivers from the requirements set forth in rules and regulations adopted under this subsection.
(d) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History:
L. 2021, ch. 106, § 3; June 3.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 16 - Regulation Of Pharmacists › 65-16,131 Pharmacist-initiated therapy for certain health conditions; requirements; establishment of protocols by collaborative drug therapy management advisory committee; penalty for violation.

65-16,131. Pharmacist-initiated therapy for certain health conditions; requirements; establishment of protocols by collaborative drug therapy management advisory committee; penalty for violation.
(a) A pharmacist may initiate therapy within the framework of a statewide protocol for the following health conditions:
(1) Influenza;
(2) streptococcal pharyngitis; or
(3) urinary tract infection.
(b) The collaborative drug therapy management advisory committee established pursuant to K.S.A. 65-1677, and amendments thereto, may adopt a statewide protocol for each condition listed in subsection (a). In establishing such statewide protocols, the committee shall specify:
(1) The medications or categories of medications included in the protocol for each health condition;
(2) the training or qualifications required for pharmacists to implement the protocols;
(3) requirements for documentation and maintenance of records, including patient inclusion and exclusion criteria, medical referral criteria, patient assessment tools based on current clinical guidelines, follow-up monitoring or care plans and the pharmacist's adherence to the applicable protocols; and
(4) communication requirements, including, but not limited to, notification to the patient's personal or primary care provider.
(c) The board may deny an application or renewal or revoke or suspend the license of a pharmacist upon a finding that the pharmacist has violated the provisions of this section or failed to practice within the framework of statewide protocols established pursuant to this section by the collaborative drug therapy management advisory committee.
(d) This section shall take effect and be in force on and after July 1, 2022.
History:
L. 2022, ch. 74, § 1; April 28.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1701 License; application, issuance; registration and display.

65-1701.
License; application, issuance; registration and display.
Every person hereafter desiring to enter the practice of embalming dead human bodies within the state of Kansas shall make a written application to the state board of mortuary arts, upon forms prescribed by such board, for a license to practice the science of embalming. If the board finds that the applicant is of good moral character, has complied with the requirements of K.S.A. 65-1701a or 65-1701b, and amendments thereto, is possessed of skill and knowledge in the science of embalming and in the care and disposition of dead human bodies and has reasonable knowledge of sanitation and disinfection in case of death from infectious or contagious diseases, the board shall issue to such applicant a license to practice the science of embalming and shall register the applicant as a duly licensed embalmer. Each license shall be signed by the president and secretary of the board and attested by its seal. Each person receiving a license shall display the same in such person's establishment.
History: L. 1907, ch. 387, § 5; L. 1909, ch. 225, § 3; R.S. 1923, 65-1701; L. 1941, ch. 297, § 5; L. 1964, ch. 27, § 1 (Budget Session); L. 1977, ch. 218, § 1; L. 1985, ch. 215, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1701b Reciprocal licenses; fees.

65-1701b.
Reciprocal licenses; fees.
The state board of mortuary arts may enter into reciprocal relations with the boards of other states in granting licenses to duly licensed embalmers from such states: (a) If the requirements of the state from which the applicant applies are as high as those of the state of Kansas and if the applicant is favorably recommended in writing by the board of the applicant's prior state; or (b) if the applicant individually meets the Kansas requirements even though the requirements of the state from which the applicant applies are not as high as those of the state of Kansas and if the applicant is favorably recommended in writing by the board of the applicant's prior state. The original fee for such reciprocal license and the renewal fees shall be in the amounts fixed by the board in accordance with the provisions of K.S.A. 65-1727 and amendments thereto.
History:
L. 1927, ch. 291, § 5; L. 1941, ch. 297, § 7; L. 1964, ch. 27, § 3 (Budget Session); L. 1979, ch. 188, § 2; L. 1985, ch. 215, § 3; L. 1986, ch. 237, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1702a Temporary embalming permits for certain purposes; conditions and limitations.

65-1702a.
Temporary embalming permits for certain purposes; conditions and limitations.
(a) The state board of mortuary arts may issue temporary embalming permits to out-of-state licensed embalmers for teaching purposes involving an approved continuing education program, or in emergency or disaster situations, as deemed necessary by the board. A temporary embalming permit shall be subject to such conditions and limitations as the board may specify in such permit and as may be specified by law. A temporary embalming permit shall authorize the permit holder to practice embalming subject to the conditions and limitations specified by the board in such permit and the conditions and limitations specified by law.
(b) Each applicant for a temporary embalming permit shall hold an active embalmer license or certificate in another state.
(c) Each application for a temporary embalming permit shall be submitted on forms provided by the board.
(d) Each temporary embalming permit shall be issued for a maximum of 30 days at no cost to the applicant and shall be signed by the president or executive-secretary of the board and attested by the board's seal.
History:
L. 1992, ch. 52, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1703 Unlicensed persons; unlawful acts; student and apprentice embalmers; registration and supervision; definitions.

65-1703. Unlicensed persons; unlawful acts; student and apprentice embalmers; registration and supervision; definitions.
(a) (1) It is unlawful for any person who is not licensed as an embalmer to advertise, practice, offer to practice, or hold oneself out as practicing the science of embalming, either by arterial or cavity treatment, or otherwise, in this state, or to embalm any dead human body for shipment or transportation by common or private carrier.
(2) It is unlawful for any common carrier to receive for transportation or to transport any dead human body unless the body has been prepared by a licensed embalmer, in accordance with this act and the rules and regulations of the board.
(3) No one except a licensed embalmer, an apprentice embalmer or a student embalmer under the provisions of this act and rules and regulations of the board shall be permitted to do any of the actual embalming of a dead human body, and no licensed embalmer shall permit anyone who is not a licensed embalmer, an apprentice embalmer or a student embalmer assigned to such embalmer, to perform in such embalmer's place of business, or elsewhere, or under such embalmer's supervision, any of the actual embalming of a dead human body, or perform any act necessary to embalm and preserve a dead human body.
(b) Student embalmers shall preregister or register with the board and be under the direct personal supervision of a licensed Kansas embalmer at all times during the embalming process. Apprentice embalmers shall be under the personal supervision of a licensed embalmer except under a split apprenticeship pursuant to K.S.A. 65-1701a, and amendments thereto, during which the apprentice embalmer shall be under the direct personal supervision of a licensed embalmer for the first six-month period.
(c) As used in this section:
(1) "Actual embalming" does not include dressing the hair, bathing, moving or dressing the body or cosmetic work.
(2) "Direct personal supervision" means that a licensed Kansas embalmer takes full responsibility for actions of the student embalmer and shall be physically present at all times.
(3) "Personal supervision" means that a licensed embalmer takes full responsibility for the actions of the apprentice embalmer but does not require any physical presence.
History:
L. 1907, ch. 387, § 8; L. 1909, ch. 225, § 4; R.S. 1923, 65-1703; L. 1941, ch. 297, § 9; L. 1991, ch. 190, § 3; L. 1995, ch. 86, § 1; L. 2023, ch. 4, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1704 Officers of the law.

65-1704.
Officers of the law.
Nothing in this act shall apply to or in any manner interfere with the duties of any officer of the law.
History:
L. 1907, ch. 387, § 9; R.S. 1923, 65-1704; L. 1941, ch. 297, § 10; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1705 Penalties for violations.

65-1705.
Penalties for violations.
Any person who shall advertise, practice or hold oneself out as practicing the science of embalming without having complied with the provisions of this act shall be guilty of a class A nonperson misdemeanor.
History:
L. 1907, ch. 387, § 10; L. 1909, ch. 225, § 5; R.S. 1923, 65-1705; L. 1974, ch. 295, § 5; L. 1978, ch. 105, § 20; L. 1995, ch. 86, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1706 Use of bodies by school for teaching embalming.

65-1706.
Use of bodies by school for teaching embalming.
The state board of mortuary arts and schools for teaching embalming shall have extended to them the same privileges as to the use of bodies for dissecting, demonstrating or teaching as those granted in this state to medical colleges.
History:
L. 1907, ch. 387, § 11; L. 1909, ch. 225, § 6; R.S. 1923, 65-1706; L. 1985, ch. 215, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1707 Penalty for embalming without permission of coroner, when.

65-1707.
Penalty for embalming without permission of coroner, when.
It shall be unlawful to embalm a dead human body, when any fact within the knowledge or brought to the attention of the embalmer is sufficient to arouse suspicion of crime in connection with the cause of death of the deceased, until permission of the coroner or where there is no coroner or in case of his absence or inability to act, a sheriff or county or district attorney has first been obtained. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100).
History:
L. 1907, ch. 387, § 13; R.S. 1923, 65-1707; L. 1941, ch. 297, § 11; L. 1973, ch. 134, § 52; July 1, 1974.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1710 Questions used for examination.

65-1710.
Questions used for examination.
The board shall select the examination to be used by applicants for a license.
History:
L. 1907, ch. 387, § 16; R.S. 1923, 65-1710; L. 1993, ch. 80, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1711 Record of licenses.

65-1711.
Record of licenses.
The secretary of said board shall keep a record in which shall be entered the names and residences of all persons to whom licenses have been issued hereunder, and the secretary shall record the license number and the date of issuance of each such license.
History:
L. 1907, ch. 387, § 17; L. 1909, ch. 225, § 8; R.S. 1923, 65-1711; L. 1941, ch. 297, § 12; L. 1975, ch. 462, § 88; L. 1979, ch. 188, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1712 Rules and regulations; submission to secretary of health and environment; penalty for violations.

65-1712.
Rules and regulations; submission to secretary of health and environment; penalty for violations.
The state board of mortuary arts shall from time to time adopt rules and regulations, not inconsistent with the laws of this state or of the United States, whereby the performance of the duties of the secretary and the board and the practice of embalming dead human bodies and transportation of same shall be regulated. Rules and regulations relating to embalming and transporting dead human bodies shall be adopted by the board after having first been submitted to and approved by the secretary of health and environment. All companies or individuals operating or controlling common carriers and public and private conveyances and all licensed embalmers in this state shall obey the rules and regulations when adopted and published as provided by law, and any licensed embalmer, or any person or owner having charge of any such common carrier or public or private conveyance, who refuses or neglects to obey such rules and regulations shall be guilty of a misdemeanor and for each offense shall be punished by a fine of not less than $50 nor more than $200.
History:
L. 1909, ch. 225, § 9; R.S. 1923, 65-1712; L. 1965, ch. 506, § 30; L. 1979, ch. 188, § 5; L. 1985, ch. 215, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1713 Funeral director defined; business name.

65-1713.
Funeral director defined; business name.
(a) A "funeral director" is a person engaged in or conducting, or holding oneself out as engaged in or conducting, the business of:
(1) Preparing dead human bodies, other than by embalming, for disposition; or
(2) Meeting with families for the purpose of making at-need funeral arrangements; or
(3) Directing, arranging for or supervising the disposition of dead human bodies whether by burial or cremation; or
(4) Providing or maintaining a funeral establishment, branch funeral establishment or crematory.
(b) A funeral director shall, in connection with such person's name or business, use the words "funeral director," "undertaker," "mortician," or any other title implying that such person is engaged in the business herein described.
History: L. 1935, ch. 234, § 1; L. 2007, ch. 38, § 1; L. 2010, ch. 68, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1713a Funeral establishment defined; branch establishments; prearranged funeral agreements.

65-1713a. Funeral establishment defined; branch establishments; prearranged funeral agreements.
(a) A "funeral establishment," as the term is used herein, is a business premises where a funeral service, visitation or lying in-state of a dead human body is arranged and conducted, or dead human bodies are embalmed or otherwise prepared for a funeral service, visitation, lying in-state, burial, cremation or transportation. A funeral establishment shall be maintained at a fixed and specific street address or location and shall contain a preparation room equipped with a sanitary floor, walls and ceiling, with adequate sanitary drainage and disposal facilities, good ventilation and light, and the necessary instruments, equipment and supplies for the preparation and embalming of dead human bodies for burial or transportation. The preparation room shall be clearly identified by signs on all preparation room entrance doors, shall be separate from any funeral merchandise display room and chapel or visitation rooms and shall not be a part of the living quarters. Each funeral establishment shall have available or employ a Kansas licensed embalmer for all embalming work, if the funeral director in charge of the establishment is not a Kansas licensed embalmer. Each funeral establishment shall be under the personal supervision of a Kansas licensed funeral director.
(b) The provisions and requirements herein contained shall apply to all branch establishments as well as principal establishments, except that:
(1) Only the funeral director in charge of the funeral establishment who holds the funeral establishment license shall be eligible to apply for a branch establishment license;
(2) a branch establishment is not required to contain a funeral merchandise display room or a preparation room or to be a place where dead bodies are prepared for burial, cremation or transportation;
(3) a branch establishment ownership shall be identical to the ownership of the funeral establishment which owns the branch;
(4) the funeral director in charge of the funeral establishment also shall be responsible for the supervision of all branches of that funeral establishment; and
(5) a branch establishment is not required to be under the personal supervision and charge of a licensed funeral director.
(c) The funeral director in charge of any principal or branch establishment whose facility closes is responsible for notifying all individuals with prefinanced funeral agreements of the need to transfer their agreements to another facility. Such notification shall be provided prior to the closing of the facility with a copy of all letters provided to the state board of mortuary arts.
History:
L. 1941, ch. 297, § 15; L. 1986, ch. 238, § 1; L. 1992, ch. 51, § 1; L. 1995, ch. 86, § 3; L. 2011, ch. 4, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1713b Funeral service or interment, who in charge of.

65-1713b.
Funeral service or interment, who in charge of.
Every funeral service or interment, or part thereof, hereafter conducted in this state must be in the actual charge and under the supervision of a Kansas licensed funeral director, or of the duly licensed assistant funeral director: Provided, however, That this shall not prevent a family from burying its own dead where death did not result from a contagious, infectious or communicable disease, nor shall it prevent a religious group or sect whose religious belief require the burial of its own dead from conducting such services where death did not result from a contagious, infectious or communicable disease.
History:
L. 1941, ch. 297, § 16; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1715 Same; examination fee.

65-1715.
Same; examination fee.
All persons shall be licensed as funeral directors only after due examination by the state board of mortuary arts and the payment of an examination fee. The examination fee shall be in the amount fixed by the board in accordance with the provisions of K.S.A. 65-1727 and amendments thereto. The examination fee shall be in addition to the license fee.
History:
L. 1935, ch. 234, § 3; L. 1964, ch. 27, § 5 (Budget Session); L. 1979, ch. 188, § 7; L. 1985, ch. 215, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1718 Disposition of moneys; mortuary arts fee fund.

65-1718. Disposition of moneys; mortuary arts fee fund.
(a) The state board of mortuary arts 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 mortuary arts 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 the state board of mortuary arts or by a person or persons designated by the secretary.
(b) On July 1, 1985, the director of accounts and reports shall transfer all moneys in the embalming board fee fund to the mortuary arts fee fund. On July 1, 1985, all liabilities of the embalming board fee fund are hereby imposed upon the mortuary arts fee fund, and the embalming board fee fund is hereby abolished.
(c) Whenever the embalming board fee fund, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the mortuary arts fee fund.
History:
L. 1935, ch. 234, § 6; L. 1973, ch. 309, § 17; L. 1985, ch. 215, § 12; L. 2001, ch. 5, § 230; L. 2011, ch. 53, § 28; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1719 Record of licenses.

65-1719.
Record of licenses.
The secretary of the board shall annually send to the office of the secretary of health and environment a list containing the names, addresses and license numbers of all funeral directors and assistant funeral directors as of July first of that year. A copy of the records of the board, or of any portion thereof, certified by its secretary, shall be deemed lawful evidence in any court of this state.
History:
L. 1935, ch. 234, § 7; L. 1941, ch. 297, § 20; L. 1975, ch. 462, § 90; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1721 Qualifications; persons from other states; examination.

65-1721.
Qualifications; persons from other states; examination.
(a) The board may, in its discretion, upon payment of the fees herein provided for, issue licenses to funeral directors residing in other states who are funeral directors in good standing in their own states, and whose methods of transacting business do not, in the opinion of the board, violate any of the laws of Kansas or the rules and regulations of the board.
(b) If a funeral director from another state desires to locate and engage in that business in this state, the funeral director shall not be required to serve one year as a licensed assistant funeral director in this state if the funeral director is favorably recommended in writing by the license board of the state of the funeral director's previous residence, and if the funeral director has had at least one full year of actual experience as a funeral director in that state, and if the state of the funeral director's previous residence has educational requirements for funeral directors equal to or greater than those in Kansas or the funeral director individually meets the Kansas educational requirements even though the state of the funeral director's previous residence has educational requirements for funeral directors which are not equal to or greater than those in Kansas. Such person shall pay the same fees as required of other applicants in this state.
(c) The board may administer a written or oral examination to a funeral director from another state on the statutes, rules and regulations that govern funeral directing in this state.
History:
L. 1935, ch. 234, § 9; L. 1941, ch. 297, § 21; L. 1982, ch. 264, § 3; L. 1983, ch. 211, § 1; L. 1986, ch. 237, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1723 Powers of state board of mortuary arts; fees and expenses.

65-1723.
Powers of state board of mortuary arts; fees and expenses.
The state board of mortuary arts shall have the power to adopt and enforce all necessary rules and regulations not inconsistent with this act for examining and licensing funeral directors and assistant funeral directors, issuing licenses by reciprocity, establishing ethical standards and practices and regulating the general practice of funeral directing and cremation. The board shall have the power to inspect funeral establishments, branch establishments and crematories, and to require that funeral establishments, branch establishments and crematories, be maintained, operated and kept in a clean and sanitary condition in accordance with the provisions of this act, rules and regulations of the board and any applicable rules and regulations of the secretary of health and environment. If a person applies for a license for the purpose of opening a new funeral establishment or branch establishment for the purpose of operating a funeral establishment, branch establishment or crematory which has not been heretofore inspected and approved by the board, or if a licensed funeral director or crematory operator in charge makes structural alterations or additions to an existing funeral establishment, branch establishment or crematory, the board shall have the right to withhold the issuance or renewal of any license until any such funeral establishment, branch establishment or crematory has been inspected and approved by the board or its representatives. All references herein to "board" shall refer to the state board of mortuary arts of the state of Kansas unless otherwise clearly indicated. The board is hereby authorized and empowered to do all things necessary and proper in the administration of all the provisions of this act. Members of the state board of mortuary arts shall be allowed the same fees and expenses as are allowed for administering the embalmers' license law.
History:
L. 1935, ch. 234, § 11; L. 1941, ch. 297, § 23; L. 1975, ch. 462, § 92; L. 1979, ch. 188, § 10; L. 1985, ch. 215, § 14; L. 1986, ch. 238, § 2; L. 2001, ch. 183, § 10; January 1, 2002.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1725 Severability of 1935 act.

65-1725.
Severability of 1935 act.
This act shall be separable, and in case for any reason any provision or part of this act shall be held to be unconstitutional or invalid, the same shall not be held to affect any other paragraph, provision or part of this act.
History: L. 1935, ch. 234, § 13; May 15.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1725a Severability of 1941 act.

65-1725a.
Severability of 1941 act.
This act shall be separable, and in case for any reason any provision or part of this act shall be held to be unconstitutional or invalid, the same shall not be held to affect any other paragraph, provision or part of this act.
History:
L. 1941, ch. 297, § 14; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1726 Penalties for violations.

65-1726.
Penalties for violations.
Any person who violates any provision of article 17 of chapter 65 of the Kansas Statutes Annotated shall be guilty of a class A nonperson misdemeanor.
History:
L. 1935, ch. 234, § 14; L. 1995, ch. 86, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1728 Eye enucleation; embalmers and other persons; certificate of competence; liability.

65-1728. Eye enucleation; embalmers and other persons; certificate of competence; liability.
For the purpose of removing an eye or part thereof, any embalmer licensed in accordance with the provisions of article 17 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, a licensed nurse, technician employed by a nationally certified eye bank, licensed optometrist, emergency medical service provider as defined by K.S.A. 65-6112, and amendments thereto, or physician assistant, who has completed a course in eye enucleation at a school certified by the department of ophthalmology, college of medicine of the university of Kansas school of medicine, and holds a valid certificate of competence from such certified school, or a person licensed to practice medicine and surgery is hereby authorized to enucleate eyes from any body when the gift of such eye has been made in accordance with the terms of the revised uniform anatomical gift act, K.S.A. 65-3220 through 65-3244, and amendments thereto. Persons certified in accordance with this section and persons licensed to practice medicine and surgery who perform the enucleation of eyes in accordance with the provisions of K.S.A. 65-3220 through 65-3244, and amendments thereto, shall incur no liability, civil or criminal, for his acts in performance of enucleation of eyes.
History:
L. 1972, ch. 238, § 1; L. 1998, ch. 65, § 1; L. 2004, ch. 117, § 4; L. 2007, ch. 127, § 31; L. 2019, ch. 64, § 13; June 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1729 Funeral establishment license; branch establishment license; fees; disposition of moneys; unlawful acts.

65-1729.
Funeral establishment license; branch establishment license; fees; disposition of moneys; unlawful acts.
(a) The funeral director in charge of a funeral establishment, as defined by K.S.A. 65-1713a and amendments thereto, including any branch establishment, located or doing business within the state shall apply for and obtain a funeral establishment license or branch establishment license, as appropriate, from the state board of mortuary arts for each location within the state of such funeral establishment or branch establishment.
(b) An application for a new license is required if the funeral establishment or branch establishment changes ownership, name or location. Such application shall be made to the state board of mortuary arts at least 30 days prior to such change of ownership, name or location.
(c) The funeral establishment license fee or branch establishment license fee shall be fixed by the state board of mortuary arts under K.S.A. 65-1727 and amendments thereto and shall be due and paid to the state board of mortuary arts on or before the expiration date of such license. The disposition of all funds collected under the provisions of this act shall be in accordance with the provisions of K.S.A. 65-1718 and amendments thereto.
(d) Each funeral establishment license or branch establishment license shall expire every two years on a date established by the state board of mortuary arts by duly adopted rules and regulations.
(e) It is unlawful for any person who does not hold a funeral establishment or branch establishment license to operate, offer to operate, advertise or represent oneself as operating a funeral or branch establishment.
History:
L. 1973, ch. 250, § 1; L. 1979, ch. 188, § 12; L. 1981, ch. 300, § 5; L. 1985, ch. 215, § 16; L. 1986, ch. 238, § 4; L. 1991, ch. 190, § 7; L. 1992, ch. 51, § 2; L. 1995, ch. 86, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 17 - Regulation Of Embalmers And Funeral Directors; Funeral Establishments › 65-1730 Rules and regulations.

65-1730.
Rules and regulations.
The state board of mortuary arts shall adopt rules and regulations for the administration of this act.
History:
L. 1973, ch. 250, § 2; L. 1985, ch. 215, § 17; July 1.