reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2846 Costs of proceedings; assessment of costs incurred.

65-2846. Costs of proceedings; assessment of costs incurred.
(a) For all professions regulated by the board, if the board's order is adverse to the licensee, registrant, permit holder, certificate holder or applicant for reinstatement of license, costs incurred by the board in conducting any investigation or proceeding under the Kansas administrative procedure act may be assessed against the parties to the proceeding in such proportion as the board may determine upon consideration of all relevant circumstances including the nature of the proceeding and the level of participation by the parties. Costs assessed by the board pursuant to K.S.A. 65-2846, and amendments thereto, shall be considered costs in an administrative matter pursuant to 11 U.S.C. § 523. If the board is the unsuccessful party, the costs shall be paid from the healing arts fee fund.
(b) For purposes of this section, costs incurred shall include, but are not limited to: The presiding officer fees and expenses, costs of making any transcripts, reasonable investigative costs, witness fees and expenses, mileage, travel allowances and subsistence expenses of board employees and fees and expenses of agents of the board who provide services pursuant to K.S.A. 65-2878a, and amendments thereto. Costs incurred shall not include presiding officer fees and expenses unless the board has designated or retained the services of independent contractors to perform such functions.
(c) The board shall make any assessment of costs incurred as part of the final order rendered in the proceeding. Such order shall include findings and conclusions in support of the assessment of costs.
History:
L. 1957, ch. 343, § 46; L. 1965, ch. 382, § 10; L. 1973, ch. 309, § 22; L. 1991, ch. 193, § 2; L. 2014, ch. 131, § 18; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2847 Same; costs due state; uncollectible, paid by board.

65-2847.
Same; costs due state; uncollectible, paid by board.
All costs accrued at the instance of the state, when it is the successful party, and which the attorney general certifies cannot be collected from the defendant, shall be paid out of any available funds in the state treasury to the credit of the board.
History:
L. 1957, ch. 343, § 47; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2849 Hearing of cause in district court; precedence.

65-2849.
Hearing of cause in district court; precedence.
The cause shall be heard by the court at a time fixed by it, and shall take precedence over all other cases upon the court docket except workmen's compensation and criminal cases.
History:
L. 1957, ch. 343, § 49; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2850 Same; appeal bond of licensee.

65-2850. Same; appeal bond of licensee.
In the event the board appeals, no bond shall be required. If the licensee appeals, the only bond required shall be one running to the state, in an amount to be fixed by the court for the payment of the costs both before the board and in the district court, and the bond shall be approved by the judge of the district court. The bond shall be cash or professional surety.
History:
L. 1957, ch. 343, § 50; L. 1976, ch. 273, § 23; L. 1984, ch. 313, § 121; L. 1992, ch. 314, § 16; L. 2014, ch. 131, § 19; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2851a Administrative proceedings; procedure, review and civil enforcement.

65-2851a. Administrative proceedings; procedure, review and civil enforcement.
(a) Unless otherwise specified, all administrative proceedings provided for by the practice act of each profession regulated by the board and affecting any licensee, registrant, permit holder or certificate holder shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(b) Judicial review and civil enforcement of any agency action under article 28 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall be in accordance with the Kansas judicial review act.
History:
L. 1984, ch. 313, § 124; L. 2010, ch. 17, § 140; L. 2014, ch. 131, § 20; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2852 Fees; collection by board.

65-2852. Fees; collection by board.
The following fees shall be established by the board by rules and regulations and collected by the board:
(a) For a license, issued upon the basis of an examination, in a sum of not more than $300;
(b) for a license, issued without examination and by endorsement, in a sum of not more than $300;
(c) for a license, issued upon a certificate from the national boards, in a sum of not more than $300;
(d) for the renewal of a license, the sum of not more than $500;
(e) for a temporary permit, in a sum of not more than $60;
(f) for an institutional license, in a sum of not more than $300;
(g) for a visiting professor temporary license, in a sum of not more than $50;
(h) for a certified statement from the board that a licensee is licensed in this state, the sum of not more than $30;
(i) for any copy of any license issued by the board, the sum of not more than $30;
(j) for any examination given by the board, a sum in an amount equal to the cost to the board of the examination;
(k) for application for and issuance of a special permit under K.S.A. 65-2811a, and amendments thereto, the sum of not more than $60;
(l) for an exempt or inactive license or renewal of an exempt or inactive license, the sum of not more than $150;
(m) for conversion of an exempt or inactive license to a license to practice the healing arts, the sum of not more than $300;
(n) for reinstatement of a revoked license, in a sum of not more than $1,000;
(o) for reinstatement of a canceled license, in a sum of not more than $500;
(p) for a visiting clinical professor license, or renewal of a visiting clinical professor license, in a sum of not more than $300;
(q) for a postgraduate permit in a sum of not more than $60;
(r) for a limited permit or renewal of a limited permit, the sum of not more than $60;
(s) for a written verification of any license or permit, the sum of not more than $25;
(t) for a reentry active license or renewal of a reentry active license, the sum of not more than $500; and
(u) for a resident active license, the sum of not more than $500.
History:
L. 1957, ch. 343, § 52; L. 1966, ch. 35, § 2 (Budget Session); L. 1969, ch. 299, § 11; L. 1974, ch. 255, § 1; L. 1978, ch. 249, § 3; L. 1985, ch. 217, § 1; L. 1985, ch. 216, § 5; L. 1987, ch. 239, § 4; L. 1987, ch. 242, § 4; L. 1988, ch. 251, § 2; L. 1991, ch. 193, § 3; L. 1992, ch. 156, § 3; L. 1995, ch. 82, § 4; L. 1997, ch. 94, § 2; L. 2000, ch. 141, § 3; L. 2014, ch. 131, § 21; L. 2015, ch. 46, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2855 Fees; disposition of; healing arts fee fund.

65-2855. Fees; disposition of; healing arts fee fund.
The board shall remit all moneys received by or for the board from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of such amount shall be credited to the state general fund and the balance shall be credited to the healing arts fee fund. All expenditures from the healing arts fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person or persons designated by the president.
History:
L. 1957, ch. 343, § 55; L. 1963, ch. 398, § 15; L. 1965, ch. 382, § 11; L. 1966, ch. 35, § 3 (Budget Session); L. 1969, ch. 299, § 12; L. 1973, ch. 309, § 23; L. 1987, ch. 240, § 9; L. 2001, ch. 5, § 238; L. 2011, ch. 53, § 32; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2857 Injunction and quo warranto for unlawful practice of the healing arts.

65-2857. Injunction and quo warranto for unlawful practice of the healing arts.
An action in injunction or quo warranto may be brought and maintained in the name of the state of Kansas to enjoin or oust from the unlawful practice of any profession regulated by the board or any profession defined by the practice acts administered by the board a person practicing such profession without being duly licensed therefor.
History:
L. 1957, ch. 343, § 57; L. 1976, ch. 273, § 24; L. 2014, ch. 131, § 22; L. 2015, ch. 46, § 12; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2858 Same; authority conferred by K.S.A. 65-2857 additional to authority to prosecute criminally.

65-2858. Same; authority conferred by K.S.A. 65-2857 additional to authority to prosecute criminally.
The authority conferred by the preceding section shall be in addition to, and not in lieu of, authority to prosecute criminally any person unlawfully engaged in practice. The granting and enforcing of an injunction or quo warranto to prevent unlawful practice is a preventive measure, not a punitive measure, and the fact that a person has been charged with or convicted of criminally having so practiced shall not prevent the issuance of a writ of injunction or quo warranto to prevent such person's further practice; nor shall the fact that a writ of injunction or quo warranto has been granted to prevent further practice preclude the institution of criminal prosecution and punishment.
History:
L. 1957, ch. 343, § 58; L. 2014, ch. 131, § 23; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2859 Filing false documents with board; forgery; penalty.

65-2859. Filing false documents with board; forgery; penalty.
Any person who shall file or attempt to file with the board any false or forged diploma, certificate, affidavit or identification or qualification, or any other written or printed instrument, shall be guilty of forgery as defined in K.S.A. 21-5823, and amendments thereto.
History:
L. 1957, ch. 343, § 59; L. 1976, ch. 273, § 25; L. 1993, ch. 291, § 231; L. 2011, ch. 30, § 242; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2860 False impersonation; fraud; penalty.

65-2860. False impersonation; fraud; penalty.
Any person who presents to the board a diploma or certificate of which such person is not the rightful owner for the purpose of procuring a license, or who falsely impersonates anyone to whom a license, registration, permit or certificate has been issued by the board is guilty of an unclassified nonperson felony. In addition, violation of this section may render the violator liable for a civil penalty, as well as reasonable costs of investigation and prosecution, unless otherwise specified.
History:
L. 1957, ch. 343, § 60; L. 1976, ch. 273, § 26; L. 2014, ch. 131, § 24; L. 2015, ch. 46, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2861 False swearing; penalty.

65-2861.
False swearing; penalty.
Any person who swears falsely in any affidavit or oral testimony made or given by virtue of the provisions of this act or the rules and regulations of the board shall be deemed guilty of a severity level 9, nonperson felony.
History:
L. 1957, ch. 343, § 61; L. 1976, ch. 273, § 27; L. 1993, ch. 291, § 232; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2862 Penalties for violations of act; second conviction.

65-2862.
Penalties for violations of act; second conviction.
Any person violating any of the provisions of this act, except as specific penalties are herein otherwise imposed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall pay a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200) for each separate offense, and a person for a second violation of any of the provisions of this act, wherein another specific penalty is not expressly imposed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall pay a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each separate offense.
History:
L. 1957, ch. 343, § 62; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2863a Administrative fines.

65-2863a. Administrative fines.
(a) The state board of healing arts, in addition to any other penalty prescribed under the Kansas healing arts act, may assess a civil fine, after proper notice and an opportunity to be heard, against a licensee for a violation of the Kansas healing arts act in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. For the purposes of this section, fines shall be considered administrative fines pursuant to 11 U.S.C. § 523.
(b) This section shall be part of and supplemental to the Kansas healing arts act.
History:
L. 1986, ch. 229, § 20; L. 2001, ch. 5, § 239; L. 2014, ch. 131, § 25; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2864 Enforcement of act; investigations; evidence.

65-2864. Enforcement of act; investigations; evidence.
The board shall enforce the provisions of all practice acts administered by the board and for that purpose shall make all necessary investigations relative thereto. Every licensee, registrant, permit holder or certificate holder in this state, including members of the board, shall furnish the board such evidence as such person may have relative to any alleged violation which is being investigated. Such person shall also report to the board the name of every person without a license that such person has reason to believe is engaged in practicing any profession regulated by the board.
History:
L. 1957, ch. 343, § 64; L. 2014, ch. 131, § 26; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2865 Rules and regulations; filing.

65-2865. Rules and regulations; filing.
The board shall promulgate all necessary rules and regulations, not inconsistent herewith, for carrying out the provisions of any practice act administered by the board, which rules and regulations shall include standards for the dispensing of drugs by persons licensed to practice medicine and surgery. It may also adopt rules and regulations supplementing any of the provisions herein contained but not inconsistent with any practice act administered by the board. All rules and regulations promulgated and adopted by the board shall be filed with the secretary of state as required by law.
History:
L. 1957, ch. 343, § 65; L. 1979, ch. 198, § 8; L. 1988, ch. 366, § 19; L. 2014, ch. 131, § 27; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2866 Attorney general, county or district attorney to prosecute violations; recovery of expenses; disposition of recovered penalties.

65-2866. Attorney general, county or district attorney to prosecute violations; recovery of expenses; disposition of recovered penalties.
(a) Upon the request of the board, the attorney general or county or district attorney of the proper county shall institute in the name of the state or board the proper proceedings against any person regarding whom a complaint has been made charging such person with the violation of any of the provisions of this act, and the attorney general, and such county or district attorney, at the request of the attorney general or of the board shall appear and prosecute any and all such actions.
(b) In pursuing an action under the Kansas healing arts act solely in the name of the state or county, the attorney general and the county or district attorney are authorized to sue for and collect reasonable expenses and investigation fees as determined by the court. Civil penalties or contempt penalties sued for and recovered by the attorney general shall be paid into the state general fund. Civil penalties and contempt penalties sued for and recovered by the county or district attorney shall be paid into the general fund of the county where the proceedings were instituted.
History:
L. 1957, ch. 343, § 66; L. 1976, ch. 273, § 28; L. 2014, ch. 131, § 28; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2867 Certain acts prohibited; exceptions; penalties.

65-2867. Certain acts prohibited; exceptions; penalties.
(a) It shall be unlawful for any person who is not licensed under the Kansas healing arts act or whose license has been revoked or suspended to open or maintain an office for the practice of the healing arts as defined in this act or to announce or hold out to the public the intention, authority or skill to practice the healing arts as defined in the Kansas healing arts act by the use of any professional degree or designation, sign, card, circular, device, advertisement or representation.
(b) This section shall not apply to any health care provider who in good faith renders emergency care or assistance at the scene of an emergency or accident as authorized by K.S.A. 65-2891, and amendments thereto.
(c) It shall not be considered a violation of the Kansas healing arts act if an unlicensed person appends to such person's name the word "doctor" or the letters "M.D.," "D.O." or "D.C.," if such person has earned such professional degree from an accredited healing arts school or college, and if the use of such word or initials is not misleading the public, patients or other health care providers that such person: (1) Is engaged in the practice of the healing arts within this state; or (2) is licensed to practice the healing arts in this state. The provisions of this subsection shall apply to any proceeding pending before the board that has not reached a final order or disposition by the board prior to the effective date of this act and to any proceeding commenced before the board on or after the effective date of this act.
(d) Violation of this section is a severity level 10, nonperson felony. In addition, violation of this section may subject a person to civil fines and assessment of reasonable costs of investigation and prosecution.
History:
L. 1957, ch. 343, § 67; L. 1992, ch. 32, § 2; L. 2010, ch. 69, § 1; L. 2014, ch. 131, § 29; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2869 Persons deemed engaged in practice of medicine and surgery.

65-2869.
Persons deemed engaged in practice of medicine and surgery.
For the purpose of this act the following persons shall be deemed to be engaged in the practice of medicine and surgery:
(a) Persons who publicly profess to be physicians or surgeons, or publicly profess to assume the duties incident to the practice of medicine or surgery or any of their branches.
(b) Persons who prescribe, recommend or furnish medicine or drugs, or perform any surgical operation of whatever nature by the use of any surgical instrument, procedure, equipment or mechanical device for the diagnosis, cure or relief of any wounds, fractures, bodily injury, infirmity, disease, physical or mental illness or psychological disorder, of human beings.
(c) Persons who attach to their name the title M.D., surgeon, physician, physician and surgeon, or any other word or abbreviation indicating that they are engaged in the treatment or diagnosis of ailments, diseases or injuries of human beings.
History:
L. 1957, ch. 343, § 69; L. 1969, ch. 299, § 14; L. 1976, ch. 273, § 30; L. 1988, ch. 251, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2870 Persons deemed engaged in practice of osteopathy.

65-2870.
Persons deemed engaged in practice of osteopathy.
For the purpose of this act the following persons shall be deemed to be engaged in the practice of osteopathy or to be osteopathic physicians and surgeons:
(a) Persons who publicly profess to be osteopathic physicians, or publicly profess to assume the duties incident to the practice of osteopathy, as heretofore interpreted by the supreme court of this state, shall be deemed to be engaged in the practice of osteopathy.
(b) Osteopathic physicians and surgeons shall mean and include those persons who receive a license to practice medicine and surgery pursuant to the provisions of this act.
History:
L. 1957, ch. 343, § 70; L. 1969, ch. 299, § 15; L. 1976, ch. 273, § 31; February 13.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2871 Persons deemed engaged in practice of chiropractic.

65-2871.
Persons deemed engaged in practice of chiropractic.
For the purpose of this act the following persons shall be deemed to be engaged in the practice of chiropractic: (a) Persons who examine, analyze and diagnose the human living body, and its diseases by the use of any physical, thermal or manual method and use the X-ray diagnosis and analysis taught in any accredited chiropractic school or college and (b) persons who adjust any misplaced tissue of any kind or nature, manipulate or treat the human body by manual, mechanical, electrical or natural methods or by the use of physical means, physiotherapy (including light, heat, water or exercise), or by the use of foods, food concentrates, or food extract, or who apply first aid and hygiene, but chiropractors are expressly prohibited from prescribing or administering to any person medicine or drugs in materia medica, or from performing any surgery, as hereinabove stated, or from practicing obstetrics.
History:
L. 1957, ch. 343, § 71; L. 1976, ch. 273, § 32; February 13.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2872b Same; administration of epinephrine; limitation of liability.

65-2872b.
Same; administration of epinephrine; limitation of liability.
(a) The practice of the healing arts shall not be construed to include any person administering epinephrine in emergency situations to a student or a member of a school staff if: (1) The person administering the epinephrine reasonably believes that the student or staff member is exhibiting the signs and symptoms of an anaphylactic reaction; (2) a physician has authorized, in writing, the school to maintain a stock supply of epinephrine; and (3) the epinephrine is administered at school, on school property or at a school-sponsored event.
(b) Any person who gratuitously and in good faith renders emergency care or treatment through the administration of epinephrine to a student or a member of a school staff at school, on school property or at a school-sponsored event shall not be held liable for any civil damages as a result of such care or administration or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.
History:
L. 2009, ch. 102, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2873 License to practice healing arts by examination; prerequisites; postgraduate study; use of title and degree.

65-2873. License to practice healing arts by examination; prerequisites; postgraduate study; use of title and degree.
(a) Each applicant for a license by examination to practice any branch of the healing arts in this state shall:
(1) Present to the board evidence of proficiency in the basic sciences issued by the national board of medical examiners, the board of examiners of osteopathic physicians and surgeons or the national board of chiropractic examiners or such other examining body as may be approved by the board or in lieu thereof pass such examination as the board may require in the basic science subjects;
(2) present proof that the applicant is a graduate of an accredited healing arts school or college; and
(3) pass an examination prescribed and conducted by the board covering the subjects incident to the practice of the branch of healing arts for which the applicant applies.
(b) Any person seeking a license to practice medicine and surgery shall present proof that such person has completed acceptable postgraduate study as may be required by the board by regulations.
(c) The board may authorize an applicant who does not meet the requirements of paragraph (2) of subsection (a) to take the examination for licensure if the applicant:
(1) Has completed three years of postgraduate training as approved by the board;
(2) is a graduate of a school in which the graduates have been licensed in another state or states which has standards similar to Kansas; and
(3) meets all other requirements for taking the examination for licensure of the Kansas healing arts act.
(d) In addition to the examination required under paragraph (3) of subsection (a), if the applicant is a foreign medical graduate the applicant shall pass an examination given by the educational commission for foreign medical graduates.
(e) No person licensed to practice and actively engaged in the practice of the healing arts shall attach to such person's name any title, or any word or abbreviation indicating that such person is a doctor of any branch of the healing arts other than the branch of the healing arts in which such person holds a license but shall attach to such person's name the degree or degrees to which such person is entitled by reason of such person's diploma.
History:
L. 1957, ch. 343, § 73; L. 1969, ch. 299, § 16; L. 1976, ch. 273, § 34; L. 1985, ch. 216, § 2; L. 2014, ch. 131, § 31; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2873a Board authorized to grant license in particular circumstances; exceptions; requirements.

65-2873a.
Board authorized to grant license in particular circumstances; exceptions; requirements.
Notwithstanding the provisions of K.S.A. 65-2873, the state board of healing arts may grant a license to practice medicine and surgery and renew the same annually as provided in K.S.A. 65-2809 to any person who meets all of the requirements of K.S.A. 65-2873, except the requirements of clause (2) of subsection (a) of such section, if such person is a citizen of the United States, a resident of Kansas, has a fellowship license, has been employed as a physician or by the state of Kansas for twenty (20) years or more, has been the head of a state hospital for five (5) years or more and has successfully completed the licensing examinations given by the state board of healing arts.
History:
L. 1978, ch. 248, § 1; February 4.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2873b Resident active license; requirements.

65-2873b. Resident active license; requirements.
(a) There is hereby created a resident active license, which may be issued by the board to a person who:
(1) Makes written application for such license on a form provided by the board and remits the fee for a resident active license established by the board by rules and regulations;
(2) has successfully completed at least one year of approved postgraduate training;
(3) is engaged in a full-time, approved postgraduate training program; and
(4) has passed the examinations for licensure required under K.S.A. 65-2873, and amendments thereto.
(b) The requirements for issuance, maintenance and renewal of a resident active license shall be established by rules and regulations adopted by the board. A resident active license shall entitle the holder to all privileges attendant to the branch of the healing arts for which such license is used.
(c) This section shall be part of and supplemental to the Kansas healing arts act.
History:
L. 2015, ch. 46, § 16; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2874 Accredited school of medicine defined; rules and regulations establishing criteria; questionnaire developed by board; authority to contract for assistance in obtaining information about schools.

65-2874. Accredited school of medicine defined; rules and regulations establishing criteria; questionnaire developed by board; authority to contract for assistance in obtaining information about schools.
(a) An accredited school of medicine for the purpose of this act shall be a school or college which requires the study of medicine and surgery in all of its branches, which the board shall determine to have educational standards substantially equivalent to the minimum educational standards for medical colleges as established by the liaison committee on medical education or any successor organization that is the official accrediting body of educational programs leading to the degree of doctor of medicine and recognized for such purpose by the federal department of education and the council on postsecondary education. All such schools shall be approved by the board.
(b) The board shall adopt rules and regulations establishing the criteria which a school shall satisfy in meeting the standard established under subsection (a). The criteria shall establish the minimum standards in the following areas:
(1) Admission requirements;
(2) basic science coursework;
(3) clinical coursework;
(4) qualification of faculty;
(5) ratio of faculty to students;
(6) library;
(7) clinical facilities;
(8) equipment;
(9) financial qualifications;
(10) graduation requirements; and
(11) accreditation by independent agency.
(c) The board may send a questionnaire developed by the board to any school for which the board does not have sufficient information to determine whether the school meets the requirements of this statute or rules and regulations adopted pursuant to this statute. The questionnaire providing the necessary information shall be completed and returned to the board in order for the school to be considered for approval.
(d) The board is authorized to contract with investigative agencies, commissions or consultants to assist the board in obtaining information about schools. In entering such contracts the authority to approve schools shall remain solely with the board.
History:
L. 1957, ch. 343, § 74; L. 1985, ch. 216, § 3; L. 2014, ch. 131, § 32; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2875 Accredited schools of osteopathic medicine defined.

65-2875. Accredited schools of osteopathic medicine defined.
An accredited school of osteopathic medicine for the purpose of this act shall be a school or college which requires the study of osteopathic medicine and surgery in all of its branches which the board shall determine to have educational standards substantially equivalent to the minimum educational standards for osteopathic colleges as established by the American osteopathic association or any successor organization that is the official accrediting body of educational programs leading to the degree of doctor of osteopathy. All such schools shall be approved by the board.
History:
L. 1957, ch. 343, § 75; L. 1976, ch. 273, § 35; L. 2014, ch. 131, § 33; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2876 Accredited school or college of chiropractic, defined.

65-2876.
Accredited school or college of chiropractic, defined.
An accredited school or college of chiropractic for the purpose of this act shall be a school or college teaching chiropractic which the board shall determine to have a standard of education not below that required for a recognized or accredited status with the council on chiropractic education. All such schools shall be approved by the board.
History:
L. 1957, ch. 343, § 76; L. 1976, ch. 273, § 36; L. 1978, ch. 251, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2877a Prohibition on practice by business organization inapplicable to certain healing arts schools.

65-2877a. Prohibition on practice by business organization inapplicable to certain healing arts schools.
No provision of law prohibiting practice of the healing arts by a business organization shall apply to a healing arts school clinic under the supervision of a person licensed to practice the same branch of the healing arts if such healing arts school is:
(a) Approved by the board;
(b) a non-profit entity under section 501(c)(3) of the internal revenue code of 1986; and
(c) approved by the state board of regents or exempt from such approval under K.S.A. 74-32,164, and amendments thereto.
History:
L. 2007, ch. 42, § 3; L. 2019, ch. 52, § 5; L. 2021, ch. 11, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2878a Employment of agents to assist board in disciplinary actions; limitation on liability of such agents.

65-2878a.
Employment of agents to assist board in disciplinary actions; limitation on liability of such agents.
The state board of healing arts is hereby authorized to employ, appoint, designate and utilize individuals who shall be agents of the board to evaluate and review investigative materials, conduct interviews and render opinions, reports and testimony on matters which may result in disciplinary action against any individual who has received a license, permit, registration or certification from the board or who has applied for any license, permit, registration or certificate. No individual who provides such services shall be liable in a civil action for damages or other relief arising from testimony provided or recommendation or opinion made by such individual acting without malice and in good faith within the scope of such individual's capacity as an agent of the board.
History:
L. 1989, ch. 222, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2880 Pending actions; vested rights saved.

65-2880.
Pending actions; vested rights saved.
This act shall in no manner affect pending actions, either civil or criminal, founded on or growing out of any statute hereby repealed. This act shall in no manner affect rights, or causes of action, either civil or criminal, not in suit and that may have already accrued or grown out of any statute hereby repealed.
History:
L. 1957, ch. 343, § 80; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2881 Current licenses continued; renewal.

65-2881.
Current licenses continued; renewal.
All licenses duly issued prior to the taking effect of this act shall be and continue in full force and effect and be renewed under the provisions hereof.
History:
L. 1957, ch. 343, § 81; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2885 Use of title by licensee.

65-2885. Use of title by licensee.
No person licensed hereunder shall use a title in connection with such person's name which in any way represents such person as engaged in the practice of any branch of the healing arts for which such person holds no license. Every licensee, when using the letters or term "Dr." or "Doctor," shall use the appropriate words or letters to identify such licensee with the particular branch of the healing arts in which the licensee holds a license.
History:
L. 1957, ch. 343, § 85; L. 2014, ch. 131, § 34; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2886 Licensee to comply with public health laws and regulations.

65-2886.
Licensee to comply with public health laws and regulations.
Every licensee hereunder shall be subject to all state and municipal regulations relating to the control of contagious and infectious diseases; sign death certificates and any and all matters pertaining to public health, and shall report all matters pertaining to public health as required by law.
History:
L. 1957, ch. 343, § 86; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2886a Reporting of administration of vaccines by physicians and other authorized individuals; exceptions.

65-2886a. Reporting of administration of vaccines by physicians and other authorized individuals; exceptions.
(a) On and after July 1, 2020, physicians and other persons authorized by law in this state to administer vaccines shall report the administration of a vaccine to a person in this state to the state registry maintained for such purpose by the secretary of health and environment in a manner and form as may be required by the secretary, except that if the person vaccinated or, if the person is a minor, the parent or guardian of the minor, objects to the report, the report shall not be made.
(b) As used in this section, "physician" means a person licensed to practice medicine and surgery.
History:
L. 2017, ch. 32, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2887 Assisting unlicensed persons to practice optometry not authorized; exceptions.

65-2887.
Assisting unlicensed persons to practice optometry not authorized; exceptions.
(a) Nothing in this act shall be construed to authorize any person licensed under this act to knowingly perform any act which in any way assists an unlicensed person, except as provided under subsections (b) and (c), firm, association or corporation (1) to make an examination of the eyes for the prescription of glasses, or (2) to perform any of the practice acts for which optometrists are licensed.
(b) A person who is licensed to practice medicine and surgery may delegate to assistants the performance of screening procedures for visual acuities, color vision, visual fields, and intraocular pressure.
(c) A person who is licensed to practice medicine and surgery and who has completed an approved postgraduate training program in ophthalmology or who is practicing as a fulltime ophthalmologist on the effective date of this act may utilize not more than three (3) assistants to perform examination procedures which may be performed by a person licensed to practice optometry. The examination procedures performed by assistants to ophthalmologists shall be limited to data gathering at the direct request of the ophthalmologist and to those examination procedures which do not require professional interpretation or professional judgment. These examination procedures may be performed by assistants only under the immediate and personal supervision and within the office of an ophthalmologist. Delegation to such assistants of the external and internal evaluation of the eye, biomicroscopic evaluation, subjective refraction, gonioscopic evaluation, final contact lens fit evaluation, orthoptic and strabismus evaluations, visual training evaluations, analysis of findings and the prescribing of ophthalmic lenses are prohibited.
History:
L. 1957, ch. 343, § 87; L. 1978, ch. 252, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2888 Invalidity of part.

65-2888.
Invalidity of part.
If any division, section, subsection, sentence, clause, phrase or requirement of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions thereof. The legislature hereby declares that it would have passed this act, and each division, section, subsection, sentence, clause, phrase or requirement thereof irrespective of the fact that any one or more divisions, sections, subsections, sentences, clauses, phrases, or requirements be declared unconstitutional.
History:
L. 1957, ch. 343, § 88; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2890a Provisions of act applicable to any regulated profession.

65-2890a. Provisions of act applicable to any regulated profession.
(a) Unless otherwise specified, the administration and procedural provisions of the Kansas healing arts act shall apply to any profession regulated by the board.
(b) This section shall be part of and supplemental to the Kansas healing arts act.
(c) This section shall take effect on and after July 1, 2015.
History:
L. 2014, ch. 131, § 55; May 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2891b Emergency care by non-health care providers; liability, standards of care applicable.

65-2891b. Emergency care by non-health care providers; liability, standards of care applicable.
Any person who is not a health care provider pursuant to K.S.A. 65-2891, and amendments thereto, who in good faith without compensation renders emergency care or assistance to a person, including a minor without first obtaining the consent of the parent or guardian of such minor, at the scene of an emergency or accident shall not be held liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care.
History:
L. 2012, ch. 116, § 1; May 24.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2892 Examination and treatment of persons under 18 for venereal disease; liability.

65-2892.
Examination and treatment of persons under 18 for venereal disease; liability.
Any physician, upon consultation by any person under eighteen (18) years of age as a patient, may, with the consent of such person who is hereby granted the right of giving such consent, make a diagnostic examination for venereal disease and prescribe for and treat such person for venereal disease including prophylactic treatment for exposure to venereal disease whenever such person is suspected of having a venereal disease or contact with anyone having a venereal disease. All such examinations and treatment may be performed without the consent of, or notification to, the parent, parents, guardian or any other person having custody of such person. Any physician examining or treating such person for venereal disease may, but shall not be obligated to, in accord with his opinion of what will be most beneficial for such person, inform the spouse, parent, custodian, guardian or fiance of such person as to the treatment given or needed without the consent of such person. Such informing shall not constitute libel or slander or a violation of the right of privacy or privilege or otherwise subject the physician to any liability whatsoever. In any such case, the physician shall incur no civil or criminal liability by reason of having made such diagnostic examination or rendered such treatment, but such immunity shall not apply to any negligent acts or omissions. The physician shall incur no civil or criminal liability by reason of any adverse reaction to medication administered, provided reasonable care has been taken to elicit from such person under eighteen (18) years of age any history of sensitivity or previous adverse reaction to the medication.
History: L. 1969, ch. 222, § 1; L. 1972, ch. 161, § 17; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2892a Examination and treatment of minors for drug abuse, misuse or addiction; liability.

65-2892a.
Examination and treatment of minors for drug abuse, misuse or addiction; liability.
Any physician licensed to practice the healing arts in Kansas, upon consultation with any minor as a patient, may examine and treat such minor for drug abuse, misuse or addiction if such physician has secured the prior consent of such minor to the examination and treatment. All such examinations and treatment may be performed without the consent of any parent, guardian or other person having custody of such minor, and all minors are hereby granted the right to give consent to such examination and treatment. In any such case, the physician shall incur no civil or criminal liability by reason of having made such diagnostic examination or rendered such treatment, but such immunity shall not apply to any negligent acts or omissions. The physician shall incur no civil or criminal liability by reason of any adverse reaction to medication administered, if reasonable care has been taken.
History:
L. 1971, ch. 212, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2893 Autopsies; performance of; authorization.

65-2893. Autopsies; performance of; authorization.
In any case of death wherein notification of the coroner is not required by K.S.A. 22a-231, and amendments thereto, or any case in which the coroner does not elect to perform an autopsy, an autopsy may be performed upon the body of a deceased person by a physician or surgeon when so authorized, in writing by the decedent during his lifetime. Additionally, unless the physician or surgeon has knowledge that contrary directions have been given by the decedent, the following persons in the order of priority stated, may consent to the performance of an autopsy:
(a) The spouse, if one survives and if not incapacitated. If no spouse survives or if the spouse is incapacitated;
(b) an adult child;
(c) either parent;
(d) an adult brother or sister;
(e) the guardian of the decedent at the time of his death;
(f) any other person or agency authorized or under obligation to dispose of the body.
If there is no surviving spouse and an adult child is not immediately available at the time of death, the autopsy may be authorized by either parent; if a parent is not immediately available, it may be authorized by any adult brother or sister. Such autopsy shall not be performed under a consent given as required by a member of the class listed in subsection (b), (c) or (d), if, before such autopsy is performed, any member of the class shall object to the performance of such autopsy in writing to the physician or surgeon by whom the autopsy is to be performed.
History:
L. 1969, ch. 144, § 1; L. 2014, ch. 131, § 35; July 1, 2015.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 28 - Healing Arts › 65-2898 Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions.

65-2898. Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions.
(a) No person reporting to the state board of healing arts in good faith any information such person may have relating to alleged incidents of malpractice, or the qualifications, fitness or character of, or disciplinary action taken against, a person licensed, registered or certified by the board shall be subject to a civil action for damages as a result of reporting such information, and such person reporting shall be immune from any civil liability that might otherwise be incurred in an action resulting from reporting such information. In any civil action resulting from reporting such information in which a court determines that a person reporting under this section reported in good faith, the court shall allow the person reporting a reasonable amount for attorney fees and expenses incurred in defending the civil action.
(b) Any state, regional or local association composed of persons licensed to practice a profession regulated by the board and the individual members of any committee thereof that in good faith investigates or communicates information pertaining to the alleged incidents of malpractice, or the qualifications, fitness or character of, or disciplinary action taken against, any licensee, registrant or certificate holder to the state board of healing arts or to any committee or agent thereof, shall be immune from liability in any civil action that is based upon such investigation or transmittal of information if the investigation and communication was made in good faith and did not represent as true any matter not reasonably believed to be true.
History:
L. 1976, ch. 261, § 1; L. 1979, ch. 201, § 1; L. 1983, ch. 213, § 9; L. 2014, ch. 131, § 37; L. 2017, ch. 33, § 3; July 1.