reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4906 Immunity of screening panel from damages, when.

65-4906.
Immunity of screening panel from damages, when.
No member of the screening panel shall be subject to a civil action for damages as a result of any action taken or recommendation made by such member acting without malice and in good faith within the scope of such member's official capacity as a member of the screening panel.
History:
L. 1976, ch. 249, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4907 Compensation of panel members; assessment of costs.

65-4907.
Compensation of panel members; assessment of costs.
(a) Each health care provider member of the screening panel shall be paid a total of $500 for all work performed as a member of the panel exclusive of time involved if called as a witness to testify in court, and in addition thereto, reasonable travel expense. The chairperson of the panel shall be paid a total of $750 for all work performed as a member of the panel exclusive of time involved if called as a witness to testify in court, and in addition thereto reasonable travel expenses. The chairperson shall keep an accurate record of the time and expenses of all the members of the panel, and the record shall be submitted to the parties for payment with the panel's report.
(b) Costs of the panel including travel expenses and other expenses of the review shall be paid by the side in whose favor the majority opinion is written. If the panel is unable to make a recommendation, then each side shall pay 1/2 of the costs. Items which may be included in the taxation of costs shall be those items enumerated by K.S.A. 60-2003, and amendments thereto.
History:
L. 1976, ch. 249, § 7; L. 1986, ch. 229, § 50; L. 1991, ch. 175, § 2; L. 2008, ch. 80, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4908 Filing memorandum request for panels to toll statute of limitations, when.

65-4908.
Filing memorandum request for panels to toll statute of limitations, when.
In those cases before a screening panel which have not been formalized by filing a petition in a court of law, the filing of a memorandum requesting the convening of a screening panel shall toll any applicable statute of limitations and such statute of limitations shall remain tolled until thirty (30) days after the screening panel has issued its written recommendations.
History:
L. 1976, ch. 249, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4909 Limited liability for certain associations of health care providers, review organizations, committee members and individuals or entities acting at request thereof; good faith requirement; "health care provider" defined.

65-4909.
Limited liability for certain associations of health care providers, review organizations, committee members and individuals or entities acting at request thereof; good faith requirement; "health care provider" defined.
(a) There shall be no liability on the part of and no action for damages shall arise against any: (1) State, regional or local association of health care providers; (2) state, regional or local association of licensed adult care home administrators; (3) organization delegated review functions by law, and the individual members of any committee thereof (whether or not such individual members are health care providers or licensed adult care home administrators); or (4) individual or entity acting at the request of any committee, association or organization listed in subsections (1) through (3), which in good faith investigates or communicates information regarding the quality, quantity or cost of care being given patients by health care providers or being furnished residents of adult care homes for any act, statement or proceeding undertaken or performed within the scope of the functions and within the course of the performance of the duties of any such association, organization or committee if such association, organization or committee or such individual member thereof acted in good faith and without malice.
(b) As used in this section, "health care provider" means a person licensed to practice any branch of the healing arts or engaged in a postgraduate training program approved by the state board of healing arts, mid-level practitioner as defined under K.S.A. 65-468, and amendments thereto, licensed dentist, licensed professional nurse, licensed practical nurse, licensed optometrist, licensed podiatrist, licensed pharmacist, physical therapist or respiratory therapist.
History: L. 1976, ch. 267, § 2; L. 1978, ch. 262, § 1; L. 1986, ch. 231, § 33; L. 1988, ch. 246, § 21; L. 1992, ch. 158, § 9; April 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4914 Public policy relating to provision of health care.

65-4914.
Public policy relating to provision of health care.
It is the declared public policy of the state of Kansas that the provision of health care is essential to the well-being of its citizens as is the achievement of an acceptable quality of health care. Such goals may be achieved by requiring a system which combines a reasonable means to monitor the quality of health care with the provision of a reasonable means to compensate patients for the risks related to receiving health care rendered by health care providers licensed by the state of Kansas.
History:
L. 1984, ch. 238, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4916 Severability of act.

65-4916.
Severability of act.
If any part or parts of this act [*] are held to be invalid or unconstitutional by any court, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional part or parts.
History:
L. 1984, ch. 238, § 16; July 1.
* "This act," see comparative table of sections, Constitutions Volume.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4921 Definitions.

65-4921. Definitions.
As used in K.S.A. 65-4921 through 65-4930, and amendments thereto:
(a) "Appropriate licensing agency" means the agency that issued the license to the individual or health care provider who is the subject of a report under this act.
(b) "Department" means the department of health and environment.
(c) "Health care provider" means: (1) Those persons and entities defined as a health care provider under K.S.A. 40-3401, and amendments thereto; and (2) a dentist licensed by the Kansas dental board, a dental hygienist licensed by the Kansas dental board, a professional nurse licensed by the board of nursing, a practical nurse licensed by the board of nursing, a mental health technician licensed by the board of nursing, a physical therapist licensed by the state board of healing arts, a physical therapist assistant certified by the state board of healing arts, an occupational therapist licensed by the state board of healing arts, an occupational therapy assistant licensed by the state board of healing arts and a respiratory therapist licensed by the state board of healing arts.
(d) "License," "licensee" and "licensing" include comparable terms that relate to regulation similar to licensure, such as registration.
(e) "Medical care facility" means: (1) A medical care facility licensed under K.S.A. 65-425 et seq., and amendments thereto; (2) a private psychiatric hospital licensed under K.S.A. 39-2001 et seq., and amendments thereto; and (3) state psychiatric hospitals and state institutions for people with intellectual disability, as follows: Larned state hospital, Osawatomie state hospital, Rainbow mental health facility, Kansas neurological institute and Parsons state hospital and training center.
(f) "Reportable incident" means an act by a health care provider that: (1) Is or may be below the applicable standard of care and has a reasonable probability of causing injury to a patient; or (2) may be grounds for disciplinary action by the appropriate licensing agency.
(g) "Risk manager" means the individual designated by a medical care facility to administer its internal risk management program and to receive reports of reportable incidents within the facility.
(h) "Secretary" means the secretary of health and environment.
History:
L. 1986, ch. 229, § 2; L. 1987, ch. 176, § 8; L. 1988, ch. 236, § 2; L. 1999, ch. 87, § 6; L. 2002, ch. 203, § 19; L. 2003, ch. 128, § 26; L. 2012, ch. 91, § 52; L. 2018, ch. 71, § 24; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4926 Immunity from civil liability for report or investigation, limits.

65-4926.
Immunity from civil liability for report or investigation, limits.
Any person or entity which, in good faith, reports or provides information or investigates any health care provider as authorized by K.S.A. 65-4923 or 65-4924 shall not be liable in a civil action for damages or other relief arising from the reporting, providing of information or investigation except upon clear and convincing evidence that the report or information was completely false, or that the investigation was based on false information, and that the falsity was actually known to the person making the report, providing the information or conducting the investigation at the time thereof.
History:
L. 1986, ch. 229, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4927 Failure to report; remedies; immunity from civil liability.

65-4927.
Failure to report; remedies; immunity from civil liability.
(a) No person or entity shall be subject to liability in a civil action for failure to report as required by K.S.A. 65-4923 or 65-4924.
(b) The license of a person or entity required to report under subsection (a) of K.S.A. 65-4923 may be revoked, suspended or limited, or the licensee subjected to public or private censure, by the appropriate state licensing agency if the licensee is found, pursuant to the Kansas administrative procedure act, to have willfully and knowingly failed to make any report as required by K.S.A. 65-4923 or 65-4924.
(c) Willful and knowing failure to make a report required by K.S.A. 65-4923 or 65-4924 is a class C misdemeanor.
(d) In no event shall a medical care facility or a professional society or organization be liable in damages for the alleged failure to properly investigate or act upon any report made pursuant to K.S.A. 65-4923.
History:
L. 1986, ch. 229, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4928 Employer retribution for reporting; prohibition; remedy.

65-4928.
Employer retribution for reporting; prohibition; remedy.
(a) No employer shall discharge or otherwise discriminate against any employee for making any report pursuant to K.S.A. 65-4923 or 65-4924.
(b) Any employer who violates the provisions of subsection (a) shall be liable to the aggrieved employee for damages for any wages or other benefits lost due to the discharge or discrimination plus a civil penalty in an amount not exceeding the amount of such damages. Such damages and civil penalty shall be recoverable in an individual action brought by the aggrieved employee. If the aggrieved employee substantially prevails on any of the allegations contained in the pleadings in an action allowed by this section, the court, in its discretion, may allow the employee reasonable attorney fees as part of the costs.
History:
L. 1986, ch. 229, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4929 Purpose of risk management programs; status of entities conducting programs; antitrust immunity.

65-4929.
Purpose of risk management programs; status of entities conducting programs; antitrust immunity.
(a) The legislature of the state of Kansas recognizes the importance and necessity of providing and regulating certain aspects of health care delivery in order to protect the public's general health, safety and welfare. Implementation of risk management plans and reporting systems as required by K.S.A. 65-4922, 65-4923 and 65-4924 and peer review pursuant to K.S.A. 65-4915 and amendments thereto effectuate this policy.
(b) Health care providers and review, executive or impaired provider committees performing their duties under K.S.A. 65-4922, 65-4923 and 65-4924 and peer review pursuant to K.S.A. 65-4915 and amendments thereto for the purposes expressed in subsection (a) and 65-4915 and amendments thereto shall be considered to be state officers engaged in a discretionary function and all immunity of the state shall be extended to such health care providers and committees, including that from the federal and state antitrust laws.
(c) Nothing in this section shall be construed to require health care providers or review, executive or impaired provider committees to be subject to or comply with any other law relating to or regulating state agencies, officers or employees.
History:
L. 1986, ch. 229, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4930 Act supplemental to existing law.

65-4930.
Act supplemental to existing law.
The provisions of K.S.A. 65-4921 through 65-4929 shall be supplemental to K.S.A. 65-28,121, 65-28,122, 65-4216 and 65-4909, and amendments to such sections, and shall not be construed to repeal or modify those sections.
History:
L. 1986, ch. 229, § 11; L. 1988, ch. 236, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4941 Do not resuscitate orders or directives; definitions.

65-4941. Do not resuscitate orders or directives; definitions.
As used in this act:
(a) "Cardiopulmonary resuscitation" means chest compressions, assisted ventilations, intubation, defibrillation, administration of cardiotonic medications or other medical procedure which is intended to restart breathing or heart functioning;
(b) "do not resuscitate" directive or "DNR directive" means a witnessed document in writing, voluntarily executed by the declarant in accordance with the requirements of this act;
(c) "do not resuscitate order" or "DNR order" means instruction by the physician or physician assistant who is responsible for the care of the patient while admitted to a medical care facility licensed pursuant to K.S.A. 65-429, and amendments thereto, or an adult care home licensed pursuant to K.S.A. 39-928, and amendments thereto;
(d) "health care provider" means a health care provider as that term is defined by K.S.A. 65-4915, and amendments thereto;
(e) "DNR identifier" means a medallion or bracelet designed to be worn by a patient which has been inscribed to identify the patient and contains the letters "DNR" or the statement "do not resuscitate" when such DNR identifier is distributed by an entity certified by the emergency medical services board;
(f) "physician" means a person licensed to practice medicine and surgery by the state board of healing arts;
(g) "physician assistant" means a person licensed by the state board of healing arts to practice as a physician assistant; and
(h) "declarant" means any person who has executed a "do not resuscitate" directive in accordance with the provisions of this act.
History:
L. 1994, ch. 143, § 1; L. 2015, ch. 46, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4942 Same; form.

65-4942. Same; form.
A "do not resuscitate" directive shall be in substantially the following form:
PRE-HOSPITAL DNR REQUEST FORM
An advanced request to Limit the Scope of
Emergency Medical Care
I, _________________, request limited emergency care as herein described.
(Name)
I understand DNR means that if my heart stops beating or if I stop breathing, no medical procedure to restart breathing or heart functioning will be instituted.
I understand this decision will not prevent me from obtaining other emergency medical care by pre-hospital care providers or medical care directed by a physician prior to my death.
I understand I may revoke this directive at any time.
I give permission for this information to be given to the pre-hospital care providers, doctors, nurses or other health care personnel as necessary to implement this directive.
I hereby agree to the "Do Not Resuscitate" (DNR) directive.
_______________________________  _________________
Signature  Date
_______________________________  _________________
Witness  Date
I AFFIRM THIS DIRECTIVE IS THE EXPRESSED WISH OF THE PATIENT, IS MEDICALLY APPROPRIATE, AND IS DOCUMENTED IN THE PATIENT'S PERMANENT MEDICAL RECORD.
In the event of an acute cardiac or respiratory arrest, no cardiopulmonary resuscitation will be initiated.
________________________________  ____________________
Attending Physician's or  Date
Physician Assistant's Signature*
________________________________  ____________________
Address  Facility or Agency Name
*Signature of physician or physician assistant not required if the above-named is a member of a church or religion which, in lieu of medical care and treatment, provides treatment by spiritual means through prayer alone and care consistent therewith in accordance with the tenets and practices of such church or religion.
REVOCATION PROVISION
I hereby revoke the above declaration.
______________________________  ________________________
Signature  Date
History:
L. 1994, ch. 143, § 2; L. 2015, ch. 46, § 17; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4943 Same; requirements of form.

65-4943.
Same; requirements of form.
A "do not resuscitate" directive shall be: (a) In writing; (b) signed by the person making the declaration, or by another person in the declarant's presence and by the declarant's expressed direction; (c) dated; and (d) signed in the presence of a witness who is at least 18 years of age and who shall not be the person who signed the declaration on behalf of and at the direction of the person making the declaration, related to the declarant by blood or marriage, entitled to any portion of the estate of the declarant according to the laws of intestate succession of this state or under any will of the declarant or codicil thereto, or directly financially responsible for declarant's medical care.
History: L. 1994, ch. 143, § 3; April 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4944 Same; immunity from liability.

65-4944.
Same; immunity from liability.
No health care provider who in good faith causes or participates in the withholding or withdrawing of cardiopulmonary resuscitation pursuant to a "do not resuscitate" order or directive or the presence of a DNR identifier shall be subject to any civil liability nor shall such health care provider be guilty of a crime or an act of unprofessional conduct.
History: L. 1994, ch. 143, § 4; April 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4945 Same; existing documents, compliance with act.

65-4945.
Same; existing documents, compliance with act.
Any document or other method of establishing a "do not resuscitate" order or directive which has been adopted by a medical care facility, an adult care home, or an emergency medical service prior to the effective date of this act shall be considered in substantial compliance with the definition of a "do not resuscitate" order or directive under this act.
History: L. 1994, ch. 143, § 5; April 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4946 Same; DNR identifier; duties of emergency medical services board; rules and regulations.

65-4946.
Same; DNR identifier; duties of emergency medical services board; rules and regulations.
The emergency medical services board shall certify pursuant to rules and regulations entities which distribute DNR identifiers. Such entities may be certified when a DNR identifier is distributed only pursuant to a properly executed "do not resuscitate" directive and when such entity maintains a toll free, staffed telephone line that may be called at any time to verify the identity of the patient.
History: L. 1994, ch. 143, § 6; April 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4947 Same; validity of DNR order during transport of patient.

65-4947.
Same; validity of DNR order during transport of patient.
A "do not resuscitate" order established while the patient is admitted to a medical care facility licensed pursuant to K.S.A. 65-429, and amendments thereto, or an adult care home licensed pursuant to K.S.A. 39-928, and amendments thereto, shall remain valid during transport of the patient between such medical care facility and an adult care home or between such adult care home and a medical care facility unless rescinded by the physician who is responsible for the care of the patient.
History: L. 1994, ch. 143, § 7; April 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4955 Health care provider cooperation act; legislative findings; protection of public.

65-4955.
Health care provider cooperation act; legislative findings; protection of public.
(a) This act shall be known and may be cited as the health care provider cooperation act.
(b) The legislature finds as follows: (1) Technological and scientific developments in health care have enhanced the prospects for further improvement in the quality of care provided to Kansas citizens; (2) the costs of improved technology and improved scientific methods for the provision of health care are significant factors in the escalating cost of health care; (3) cooperative agreements among health care providers concerning the provision of services can foster further improvements in the quality of health care for Kansas citizens, moderate increases in costs, avoid duplication of resources and improve access to needed services in rural areas of Kansas; and (4) because cooperative agreements may require health care providers to collaborate on the provision of services, thereby raising the issue of anti-trust effects, regulatory oversight of cooperative agreements is necessary to ensure that the benefits of agreements outweigh any disadvantages attributable to any reduction in competition resulting from such agreements.
(c) Cooperative agreements approved pursuant to this act articulate and implement the policy of the state to improve and protect the quality and availability of health care to Kansas citizens. Continued active supervision by the state over all aspects of such agreements, and the standards and requirements established by this act, will provide protection to the public offsetting the loss of protection otherwise provided by competition.
History: L. 1994, ch. 153, § 1; April 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4956 Same; definitions.

65-4956.
Same; definitions.
As used in this act:
(a) "Cooperative agreement" means an agreement among two or more health care providers for the sharing, allocation or referral of patients, personnel, instructional programs, support services and facilities, or medical, diagnostic or laboratory facilities or procedures or other services traditionally offered by health care providers.
(b) "Health care provider" means health care provider as defined under K.S.A. 65-4921 and amendments thereto; licensed pharmacist; or licensed optometrist.
(c) "Hospital" has the same meaning as defined under K.S.A. 65-425 and amendments thereto.
(d) "Secretary" means the secretary of health and environment.
History: L. 1994, ch. 153, § 2; April 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4958 Same; annual review of approved cooperative agreement; proceedings to terminate certificate of public advantage.

65-4958.
Same; annual review of approved cooperative agreement; proceedings to terminate certificate of public advantage.
Any cooperative agreement approved pursuant to this act shall thereafter be reviewed annually by the secretary. If the secretary determines at any time that a cooperative agreement no longer meets the requirements of this act, the secretary may initiate proceedings to terminate the certificate of public advantage in accordance with the Kansas administrative procedure act.
History: L. 1994, ch. 153, § 4; April 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4959 Same; file of cooperative agreements for which certificates of public advantage are in effect; notice of termination.

65-4959.
Same; file of cooperative agreements for which certificates of public advantage are in effect; notice of termination.
The secretary shall maintain on file all cooperative agreements for which certificates of public advantage are in effect. Any party to a cooperative agreement who terminates the agreement shall file a notice of termination with the secretary within 30 days after termination.
History: L. 1994, ch. 153, § 5; April 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4960 Same; cooperative agreement for which certificate of public advantage issued is lawful agreement; negotiating and entering into cooperative agreement is lawful conduct; application of act; effect of provisions of cooperative agreement.

65-4960.
Same; cooperative agreement for which certificate of public advantage issued is lawful agreement; negotiating and entering into cooperative agreement is lawful conduct; application of act; effect of provisions of cooperative agreement.
(a) A cooperative agreement for which a certificate of public advantage has been issued is a lawful agreement. If the parties to a cooperative agreement file an application for a certificate of public advantage governing the agreement with the secretary, the conduct of the parties in negotiating and entering into a cooperative agreement is lawful conduct. Nothing in this act shall apply to any cooperative agreement, or to the actions of persons negotiating or executing a cooperative agreement, not submitted and approved in accordance with the provisions of this act.
(b) The provisions of this act shall apply to any agreement among health care providers by which ownership or control over substantially all of the stock, assets or activities of one or more health care providers is placed under the control of another health care provider.
(c) The provisions of this act shall not apply to:
(1) Any cooperative agreement entered into by health care providers prior to the effective date of this act; or
(2) any authorized activity of a rural health network under K.S.A. 65-468 et seq., and amendments thereto.
(d) The rights and responsibilities of the parties to a cooperative agreement shall be determined in accordance with the provisions of the cooperative agreement.
History: L. 1994, ch. 153, § 6; April 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4961 Same; advisory committee of health care providers created.

65-4961.
Same; advisory committee of health care providers created.
There is hereby created a committee of not to exceed five health care providers to be appointed as follows: One member by the governor; one member by the speaker of the house of representatives; one member by the minority leader of the house of representatives; one member by the president of the senate; and one member by the minority leader of the senate. The members of the committee shall serve at the pleasure of their appointing authority. The committee shall advise the secretary on matters concerning the administration of this act and make recommendations to the secretary concerning applications for the issuance of certificates of public advantage and the termination of such certificates. The committee shall meet on the call of the secretary. Committee members shall not be paid compensation, subsistence allowances, mileage or other expenses as otherwise may be authorized by law for attending meetings, or subcommittee meetings, of the committee.
History: L. 1994, ch. 153, § 7; April 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4965 Citation of act.

65-4965.
Citation of act.
K.S.A. 65-4965 to 65-4968, inclusive, and amendments thereto, shall be known as the patient's contact lens prescription release act.
History:
L. 2002, ch. 113, § 1; January 1, 2003.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4966 Patient entitled to receive copy of contact lens prescription; disclosures; prescription limitations.

65-4966.
Patient entitled to receive copy of contact lens prescription; disclosures; prescription limitations.
Each patient shall be entitled to receive a copy of such patient's contact lens prescription once the same prescription has been determined and the adaptation period has been completed. Any prescription for a specific brand of contact lenses available only from the licensed optometrist or person licensed to practice medicine and surgery, but which are generally marketed under an alternate brand, must disclose the name of the manufacturer and the trade name of the alternate brand. No contact lens prescription may be limited by an expiration date or otherwise to a period of less than 12 months from either the date the prescription is first determined or the last date of the contact lens evaluation by a licensed optometrist or a person licensed to practice medicine and surgery, whichever date is later, unless a health related reason for the limitation is noted in the patient's medical record.
History:
L. 2002, ch. 113, § 3; January 1, 2003.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4969 Contact lens advisory council established; membership on council; expenses of members.

65-4969.
Contact lens advisory council established; membership on council; expenses of members.
(a) There is hereby established a contact lens advisory council to advise the state board of healing arts in carrying out the provisions of the patient's contact lens prescription release act. The council shall consist of three members, all residents of the state of Kansas appointed by the state board of healing arts as follows: One member shall be a person licensed to practice medicine and surgery who specializes in ophthalmology, one member shall be a licensed optometrist and one member shall be a person dispensing contact lenses as defined in the patient's contact lens prescription release act.
(b) If a vacancy occurs on the council, the state board of healing arts shall appoint a person of like qualifications to fill the vacant position for the unexpired term, if any. The members appointed shall serve at the pleasure of the state board of healing arts.
(c) Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the healing arts fee fund.
History:
L. 2002, ch. 113, § 6; January 1, 2003.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4974 Research protocols; informed consent of adults and emancipated minors.

65-4974.
Research protocols; informed consent of adults and emancipated minors.
(a) In accordance with the provisions of 21 C.F.R. § 56.101 et seq., and amendments thereto, and 45 C.F.R. § 46.101 et seq., and amendments thereto, in the case of an adult or emancipated minor who: (1) Is being treated by a person licensed to practice medicine and surgery and who has medical staff membership with a medical care facility, as defined in K.S.A. 65-4921, and amendments thereto, that has its own, or contracts with, an independent institutional review board; and (2) is incapable of giving informed consent for the research protocol, which has been approved by an institutional review board, the research protocol may proceed upon obtaining the informed consent of the adult or emancipated minor's legal guardian or the attorney in fact with the authority to make health care decisions for that person pursuant to K.S.A. 58-625 et seq., and amendments thereto.
(b) If neither of the designations described in subsection (a) has been made or neither of the parties described in subsection (a) can be contacted using reasonably diligent efforts, any member of the adult or emancipated child's family, in the order listed in this subsection, who has the capacity to provide informed consent and can be contacted using reasonably diligent efforts may provide informed consent to a research protocol, as described in subsection (a). The order of priority for family members to provide consent is as follows:
(1) The adult or emancipated minor's spouse, unless they are legally separated;
(2) an adult child;
(3) a parent; or
(4) an adult relative by blood or marriage.
(c) Nothing in this section shall authorize a legal guardian, attorney in fact with the authority to make health care decisions or family member authorized to provide informed consent pursuant to subsection (b) to provide informed consent as to research protocols that are contrary to the incapacitated person's permission, expressed orally or in writing, regarding such research protocols.
History:
L. 2004, ch. 109, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4975 Pain patient's quality of care act.

65-4975.
Pain patient's quality of care act.
K.S.A. 65-4975 through 65-4977, and amendments thereto, shall be known and may be cited as the pain patient's quality of care act.
History:
L. 2006, ch. 110, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4976 Legislative findings on pain treatment.

65-4976.
Legislative findings on pain treatment.
The legislature finds and declares that pain is a significant health problem, and that the diagnosis and treatment of pain is complex, and can involve several therapeutic modalities. The treatment of pain may require the use of controlled substances in appropriate circumstances. In order to promote the public health, safety and welfare, the state has a duty to restrict the inappropriate use of controlled substances while supporting a physician's or other health care provider's ability to provide appropriate pain treatment consistent with patient needs and sound clinical judgment.
History:
L. 2006, ch. 110, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4977 Persons suffering from pain; use of controlled substances for pain treatment.

65-4977.
Persons suffering from pain; use of controlled substances for pain treatment.
(a) A person suffering from pain:
(1) Should be an active participant in decisions about the assessment, diagnosis and treatment of their pain.
(2) May accept or reject the use of any or all diagnostic and therapeutic modalities which may be recommended to treat such person's pain.
(3) Should accurately, completely, and honestly report all symptoms and concerns to physicians and other health care professionals conducting assessment and treatment of such person's pain.
(b) Nothing in this act shall be construed to prevent, restrict or limit a physician or other person authorized to prescribe drugs from prescribing, dispensing, administering, or distributing a controlled substance to a patient for the treatment of pain, when it is for a valid medical purpose and based on appropriate clinical indications.
(c) Nothing in this act shall be construed to require a physician or other person authorized to prescribe drugs to prescribe, dispense, administer, or distribute a controlled substance to a patient for the treatment of pain if in the judgment of the prescriber the use of a controlled substance is not clinically indicated or the most appropriate therapeutic modality.
History:
L. 2006, ch. 110, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 50 - Credentialing › 65-5002 Same; credentialing applications; fees.

65-5002.
Same; credentialing applications; fees.
(a) Health care personnel seeking to be credentialed by the state shall submit a credentialing application to the secretary upon forms approved by the secretary. The application shall be accompanied by an application fee of $1,000. The secretary shall not accept a credentialing application unless such application is accompanied by the application fee and is signed by 100 or more Kansas resident proponents of credentialing the health care occupation or profession seeking to be credentialed. All credentialing applications accepted by the secretary shall be referred to the technical committee for review and recommendation in accordance with the provisions of this act and rules and regulations adopted by the secretary. The application fee established under this subsection (a) shall apply to every group of health care personnel which submits a credentialing application to the secretary on and after the effective date of this act and to every group of health care personnel which has not filed both a notice of intention and a fully answered application before the effective date of this act.
(b) The secretary shall remit all moneys received from fees under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History:
L. 1980, ch. 181, § 2; L. 1986, ch. 246, § 2; L. 1987, ch. 232, § 3; L. 2001, ch. 5, § 260; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 50 - Credentialing › 65-5006 Same; credentialing criteria.

65-5006.
Same; credentialing criteria.
(a) The technical committee appointed pursuant to K.S.A. 65-5003 and amendments thereto and the secretary shall apply the following criteria to each credentialing application:
(1) The unregulated practice of the occupation or profession can harm or endanger the health, safety or welfare of the public and the potential for such harm is recognizable and not remote;
(2) the practice of the occupation or profession requires an identifiable body of knowledge or proficiency in procedures, or both, acquired through a formal period of advanced study or training, and the public needs and will benefit by assurances of initial and continuing occupational or professional ability;
(3) if the practice of the occupation or profession is performed, for the most part, under the direction of other health care personnel or inpatient facilities providing health care services, such arrangement is not adequate to protect the public from persons performing noncredentialed functions and procedures;
(4) the public is not effectively protected from harm by certification of members of the occupation or profession or by means other than credentialing;
(5) the effect of credentialing of the occupation or profession on the cost of health care to the public is minimal;
(6) the effect of credentialing of the occupation or profession on the availability of health care personnel providing services provided by such occupation or profession is minimal;
(7) the scope of practice of the occupation or profession is identifiable;
(8) the effect of credentialing of the occupation or profession on the scope of practice of other health care personnel, whether or not credentialed under state law, is minimal; and
(9) nationally recognized standards of education or training exist for the practice of the occupation or profession and are identifiable.
(b) Reports of the technical committee, and the secretary shall include specific findings on the criteria set forth in subsection (a). No report of the technical committee or the secretary shall recommend credentialing of any occupational or professional group of health care personnel unless all the criteria set forth in subsection (a) have been met.
History:
L. 1980, ch. 181, § 6; L. 1986, ch. 246, § 6; L. 1987, ch. 232, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 50 - Credentialing › 65-5007 Same; criteria applicable to levels of credentialing regulation.

65-5007.
Same; criteria applicable to levels of credentialing regulation.
(a) All recommendations of the technical committee and the secretary which relate to the level or levels of credentialing regulation of a particular group of health care personnel shall be consistent with the policy that the least regulatory means of assuring the protection of the public is preferred and shall be based on alternatives which include, from least regulatory to most regulatory, the following:
(1) Statutory regulation, other than registration or licensure, by the creation or extension of statutory causes of civil action, the creation or extension of criminal prohibitions or the creation or extension of injunctive remedies is the appropriate level when this level will adequately protect the public's health, safety or welfare.
(2) Registration is the appropriate level when statutory regulation under paragraph (a)(1) is not adequate to protect the public's health, safety or welfare and when registration will adequately protect the public health, safety or welfare by identifying practitioners who possess certain minimum occupational or professional skills so that members of the public may have a substantial basis for relying on the services of such practitioners.
(3) Licensure is the appropriate level when statutory regulation under paragraph (a)(1) and registration under paragraph (a)(2) is not adequate to protect the public's health, safety or welfare and when the occupational or professional groups of health care personnel to be licensed perform functions not ordinarily performed by persons in other occupations or professions.
(b) Reports of the technical committee and the secretary shall include specific findings on the criteria set forth in subsection (a). No report of the technical committee or the secretary shall recommend the level or levels of credentialing of any occupational or professional group of health care personnel unless all the criteria set forth in subsection (a) for the recommended level or levels of credentialing have been met.
History:
L. 1980, ch. 181, § 7; L. 1986, ch. 246, § 7; L. 1987, ch. 232, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 50 - Credentialing › 65-5008 Same; periodic review of credentialing status of health care personnel.

65-5008.
Same; periodic review of credentialing status of health care personnel.
The secretary shall periodically schedule for review the credentialing status of health care personnel who are credentialed pursuant to existing laws. The procedures to be followed, the criteria to be applied and the reports to be submitted for credentialing applications filed pursuant to K.S.A. 65-5002 and amendments thereto shall apply to credentialing reviews conducted pursuant to this section.
History:
L. 1980, ch. 181, § 8; L. 1987, ch. 232, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 50 - Credentialing › 65-5009 Same; records; duties of secretary; rules and regulations; compensation of members of technical committee.

65-5009.
Same; records; duties of secretary; rules and regulations; compensation of members of technical committee.
(a) The secretary shall provide all necessary professional and clerical services to the technical committee. Records of all official actions and minutes of all business coming before the technical committee shall be kept. The secretary shall be the custodian of all records, documents and other property of the technical committee.
(b) The secretary shall adopt rules and regulations necessary to implement the provisions of this act including, but not limited to, rules and regulations establishing the policies and procedures to be followed by the technical committee in the consideration of credentialing applications under this act.
(c) Members of the technical committee appointed pursuant to K.S.A. 65-5003 and amendments thereto shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto when in attendance at a meeting of the technical committee authorized by the secretary.
History:
L. 1980, ch. 181, § 9; L. 1986, ch. 246, § 8; L. 1987, ch. 232, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 50 - Credentialing › 65-5011 Application of act to certain credentialing applications.

65-5011.
Application of act to certain credentialing applications.
Except as otherwise provided in this act, the review of an application for credentialing commenced prior to the effective date of this act shall be governed by the provisions of this act which apply to that part of the review of such application which was not completed prior to the effective date of this act. The secretary shall authorize an original application for credentialing filed prior to the effective date of this act, to be amended to address the standards and criteria established under this act. Nothing in this section shall be construed to require the filing of a new application with the secretary.
History: L. 1986, ch. 246, § 9; April 24.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 51 - Home Health Agencies › 65-5102 Home health agencies required to be licensed; temporary license; penalty for violation.

65-5102. Home health agencies required to be licensed; temporary license; penalty for violation.
Any agency, including medicare and medicaid providers, that provides one or more of the home health services, supportive care services or attendant care services specified in K.S.A. 65-5101, and amendments thereto, or that holds itself out as providing one or more of such services, or as a home health agency shall be licensed in accordance with the provisions of this act. Any agency found to be providing services meeting the definition of a home health agency without a license shall be notified of the agency's need to become licensed. The agency shall be offered a 60-day temporary license to continue operating during the pendency of an application for licensure. If the agency fails to obtain licensure within 30 calendar days, the secretary for aging and disability services shall assess a fine on the agency in accordance with this act. The secretary shall not grant a temporary license to any unlicensed agency that is providing services in a way that presents imminent harm to the public.
History:
L. 1984, ch. 335, § 2; L. 1990, ch. 233, § 2; L. 2017, ch. 17, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 51 - Home Health Agencies › 65-5103 Application for license; annual fee.

65-5103. Application for license; annual fee.
(a) Persons desiring to receive a license to operate a home health agency shall file a written application with the secretary on a form prescribed by the secretary.
(b) The application shall be accompanied by a license fee fixed by rules and regulations of the secretary that establish a fee based upon the actual or estimated number of home health unduplicated patients admitted to a home health agency during the prior licensure year. The initial license fee may be greater than subsequent annual fees as established by the secretary by rules and regulations.
History:
L. 1984, ch. 335, § 3; L. 1992, ch. 71, § 1; L. 2017, ch. 17, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 51 - Home Health Agencies › 65-5105 Survey inspections.

65-5105.
Survey inspections.
(a) In addition to the survey inspection required for licensing or for a license to remain in effect, the secretary may make other survey inspections during normal business hours.
(b) Each home health agency shall allow the secretary or the authorized representatives of the secretary to enter upon the premises of the home health agency during normal business hours for the purpose of conducting the survey inspection. Failure to allow such entry upon its premises shall constitute grounds for denial, suspension or revocation of a license.
History:
L. 1984, ch. 335, § 5; L. 1992, ch. 71, § 3; July 1.