reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5729 Commission on emergency planning and response successor to powers and duties; force and effect of acts.

65-5729.
Commission on emergency planning and response successor to powers and duties; force and effect of acts.
Except as otherwise provided by this order, the commission on emergency planning and response established by this order shall be the successor in every way to the powers, duties, and functions of the adjutant general and the secretary of health and environment in which the same were vested prior to the effective date of this order and which are transferred pursuant to K.S.A. 65-5728. Every act performed in the exercise of such powers, duties, and functions by or under the authority of the commission on emergency planning and response shall be deemed to have the same force and effect as if performed by the adjutant general or the secretary of health and environment in which such powers, duties, and functions were vested prior to the effective date of this order.
History:
Executive Reorganization Order No. 29, L. 1999, ch. 192, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5730 Transfer of property and records; resolution of conflicts.

65-5730.
Transfer of property and records; resolution of conflicts.
(a) The adjutant general and the secretary of health and environment shall engage in consultations with the purpose of reaching agreement regarding the disposition of all property, all property rights, and records which were used for or pertain to the performance of any of the powers and duties transferred to the adjutant general pursuant to this order.
(b) Any conflict as to the proper disposition of property, records, or the unexpended balance of any appropriation arising as a result of any abolition, transfer, attachment or change made by this order shall be determined by the governor, whose decision shall be final.
History:
Executive Reorganization Order No. 29, L. 1999, ch. 192, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5731 Rights preserved in legal actions and proceedings.

65-5731.
Rights preserved in legal actions and proceedings.
No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency, or program mentioned in this order, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this order. The court may allow any such suit, action, or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
History:
Executive Reorganization Order No. 29, L. 1999, ch. 192, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 57 - Emergency Planning And Community Right-to-know › 65-5732 Kansas right-to-know fee fund, creation of; secretary of health and environment; administration and uses of fund.

65-5732. Kansas right-to-know fee fund, creation of; secretary of health and environment; administration and uses of fund.
(a) There is hereby created in the state treasury the Kansas right-to-know fee fund, which shall be administered by the secretary of health and environment. All moneys received pursuant to K.S.A. 65-5704, and amendments thereto, shall be deposited into the Kansas right-to-know fee fund.
(b) All expenditures from the Kansas right-to-know fee fund shall be used by the secretary of health and environment to:
(1) Administer the Kansas right-to-know program;
(2) provide and maintain the reporting system necessary to comply with K.S.A. 65-5704, and amendments thereto; and
(3) provide training to owners or operators of Kansas facilities, Kansas first responders and Kansas emergency management officials on the existence, access and use of the reporting system established pursuant to the Kansas emergency planning and community right-to-know act.
(c) All expenditures from the Kansas right-to-know 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 secretary or by a person or persons designated by the secretary.
History:
L. 2018, ch. 82, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 58 - Professional Counselors › 65-5801 Citation of act.

65-5801. Citation of act.
K.S.A. 65-5801 through 65-5818, and amendments thereto, and K.S.A. 2023 Supp. 65-5819, and amendments thereto, shall be known and may be cited as the professional counselors licensure act.
History:
L. 1987, ch. 315, § 1; L. 1996, ch. 153, § 1; L. 2019, ch. 55, § 8; May 9.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 58 - Professional Counselors › 65-5802 Definitions.

65-5802. Definitions.
As used in the professional counselors licensure act:
(a) "Assessment" means selecting, administering, scoring and interpreting instruments designed to describe an individual's aptitudes, abilities, achievements, interests and personal characteristics.
(b) "Board" means the behavioral sciences regulatory board created by K.S.A. 74-7501, and amendments thereto.
(c) "Consultation" means the application of principles, methods and techniques of the practice of counseling to assist in solving current or potential problems of individuals or groups in relation to a third party.
(d) "Extenuating circumstances" means any condition or situation caused by events beyond an individual's control that is sufficiently extreme in nature to result in the:
(1) Individual's inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with requirements.
(e) "Licensed clinical professional counselor" means a person who engages in the independent practice of professional counseling including the diagnosis and treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations and who is licensed under this act.
(f) "Licensed professional counselor" means a person who is licensed under this act and who engages in the practice of professional counseling only under the direction of a licensed clinical professional counselor, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders.
(g) "Practice of professional counseling" means assisting an individual or group for a fee, monetary or otherwise, through counseling, assessment, consultation and referral and includes the diagnosis and treatment of mental disorders as authorized under the professional counselors licensure act.
(h) "Professional counseling" means to assist an individual or group to develop understanding of personal strengths and weaknesses, to restructure concepts and feelings, to define goals and to plan actions as these are related to personal, social, educational and career development and adjustment.
(i) "Referral" means the evaluation of information to identify problems and to determine the advisability of referral to other practitioners.
History:
L. 1987, ch. 315, § 2; L. 1996, ch. 153, § 2; L. 1999, ch. 117, § 1; L. 2023, ch. 90, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 58 - Professional Counselors › 65-5803 Licensure required prior to certain acts and representations; violations misdemeanor.

65-5803.
Licensure required prior to certain acts and representations; violations misdemeanor.
(a) No person shall engage in the practice of professional counseling or represent that such person is a licensed professional counselor, licensed counselor or professional counselor without having first obtained a license as a professional counselor under the professional counselors licensure act.
(b) On and after the effective date of this act, no person shall engage in the practice of professional counseling as a clinical professional counselor or represent that such person is a licensed clinical professional counselor without first having obtained a license as a clinical professional counselor under the professional counselors licensure act.
(c) Violation of this section is a class B misdemeanor.
History:
L. 1987, ch. 315, § 3; L. 1996, ch. 153, § 3; L. 1999, ch. 117, § 2; July 1, 2000.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 58 - Professional Counselors › 65-5807 Licensure of individuals registered, certified or licensed in another jurisdiction.

65-5807. Licensure of individuals registered, certified or licensed in another jurisdiction.
(a) The board may issue a license to an individual who is currently registered, certified or licensed to practice professional counseling in another jurisdiction if the board determines that:
(1) The standards for registration, certification or licensure to practice professional counseling in the other jurisdiction are substantially equivalent to the requirements of this state; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice professional counseling with a similar scope of practice for at least 12 months immediately preceding the application;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) at least a master's degree in counseling or a related field from a regionally accredited university or college.
(b) Applicants for licensure as a clinical professional counselor shall additionally demonstrate competence to diagnose and treat mental disorders through meeting the requirements of either subsection (a)(1) or (a)(2) and at least two of the following areas acceptable to the board:
(1) Either graduate coursework as established by rules and regulations of the board or passing a national clinical examination approved by the board;
(2) three years of clinical practice with demonstrated experience in diagnosing or treating mental disorders; or
(3) attestation from a professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery stating that the applicant is competent to diagnose and treat mental disorders.
(c) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 65-5808, and amendments thereto, if required by the board. Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall submit the license fee as provided by K.S.A. 65-5808, and amendments thereto.
History:
L. 1987, ch. 315, § 7; L. 1996, ch. 153, § 6; L. 2001, ch. 154, § 7; L. 2003, ch. 129, § 2; L. 2016, ch. 92, § 36; L. 2018, ch. 29, § 2; L. 2019, ch. 55, § 9; L. 2023, ch. 90, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 58 - Professional Counselors › 65-5807a Temporary permit to practice; requirements; fees; expiration, extension.

65-5807a. Temporary permit to practice; requirements; fees; expiration, extension.
(a) Upon written application and board approval, an individual who is licensed to engage in the independent clinical practice of professional counseling at the clinical level in another jurisdiction, who is in good standing in that other jurisdiction and who has engaged in the clinical practice of professional counseling in that jurisdiction for at least two years immediately preceding application may engage in the independent practice of clinical professional counseling as provided by K.S.A. 65-5801 et seq., and amendments thereto, in this state for not more than 30 days per year upon receipt of a temporary permit to practice issued by the board. Such individual engaging in such practice in this state shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(b) Any clinical professional counseling services rendered within any 24-hour period shall count as one entire day of clinical professional counseling services.
(c) The temporary permit to practice shall be effective on the date of approval by the board and shall expire one year after issuance. Upon written application not later than 30 days before the expiration of a temporary permit and under emergency circumstances, as defined by the board, the board may extend the temporary permit for not more than one additional year. Such extended temporary permit shall authorize the individual to practice in this state for an additional 30 days during the additional year. Such individual engaging in such practice shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(d) The board may charge a fee of a maximum of $200 for a temporary permit to practice and a fee of a maximum of $200 for an extension of a temporary permit to practice as established by rules and regulations of the board.
(e) A person who holds a temporary permit to practice clinical professional counseling in this state shall be deemed to have submitted to the jurisdiction of the board and shall be bound by the statutes and regulations that govern the practice of clinical professional counseling in this state.
(f) In accordance with the Kansas administrative procedure act, the board may issue a cease and desist order or assess a fine of up to $1,000 per day, or both, against a person licensed in another jurisdiction who engages in the independent practice of clinical professional counseling in this state without complying with the provisions of this section.
(g) This section shall be a part of and supplemental to the professional counselors licensure act.
History:
L. 2007, ch. 13, § 1; L. 2021, ch. 88, § 15; May 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 58 - Professional Counselors › 65-5808 Fees. [See Revisor's Note]

65-5808. Fees. [See Revisor's Note]
(a) The board may collect the following fees, and any such fees shall be established by rules and regulations adopted by the board:
(1) For application for licensure as a professional counselor, not more than $100;
(2) for an original license as a professional counselor, not more than $175;
(3) for a temporary license as a professional counselor, not more than $175;
(4) for a six-month reinstatement temporary license as a professional counselor, not more than $50;
(5) for renewal for licensure as a professional counselor, not more than $150;
(6) for application for licensure as a clinical professional counselor, not more than $175;
(7) for licensure as a clinical professional counselor, not more than $175;
(8) for renewal for licensure as a clinical professional counselor, not more than $175;
(9) for a six-month reinstatement temporary license as a clinical professional counselor, not more than $50;
(10) for a community-based professional counselor license, not more than $175;
(11) for late renewal penalty, an amount equal to the fee for renewal of a license;
(12) for reinstatement of a license, not more than $175;
(13) for replacement of a license, not more than $20;
(14) for a wallet card license, not more than $5; and
(15) for application as a board-approved clinical supervisor, not more than $50.
(b) Fees paid to the board are not refundable.
History:
L. 1987, ch. 315, § 8; L. 1990, ch. 286, § 1; L. 1996, ch. 153, § 7; L. 1996, ch. 153, § 8; L. 1999, ch. 117, § 7; L. 2016, ch. 92, § 37; L. 2021, ch. 88, § 16; L. 2023, ch. 90, § 8; July 1.
Section was amended multiple times in the 2023 session, see also 65-5808a.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 58 - Professional Counselors › 65-5808a Fees. [See Revisor's Note]

65-5808a. Fees. [See Revisor's Note]
(a) The board may set the following fees, and any such fees shall be established by rules and regulations adopted by the board:
(1) For application for licensure as a professional counselor, not more than $100;
(2) for an original license as a professional counselor, not more than $175;
(3) for a temporary license as a professional counselor, not more than $175;
(4) for renewal for licensure as a professional counselor, not more than $150;
(5) for application for licensure as a clinical professional counselor, not more than $175;
(6) for licensure as a clinical professional counselor, not more than $175;
(7) for renewal for licensure as a clinical professional counselor, not more than $175;
(8) for a home-state license with privilege to practice under the counseling compact, not more than $25 in addition to any other applicable fee;
(9) for late renewal penalty, an amount equal to the fee for renewal of a license;
(10) for reinstatement of a license, not more than $175;
(11) for replacement of a license, not more than $20;
(12) for a wallet card license, not more than $5; and
(13) for application as a board-approved clinical supervisor, not more than $50.
(b) Fees paid to the board are not refundable.
History:
L. 1987, ch. 315, § 8; L. 1990, ch. 286, § 1; L. 1996, ch. 153, § 7; L. 1996, ch. 153, § 8; L. 1999, ch. 117, § 7; L. 2016, ch. 92, § 37; L. 2021, ch. 88, § 16; L. 2023, ch. 17, § 2; July 1.
Section was amended multiple times in the 2023 session, see also 65-5808.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 58 - Professional Counselors › 65-5810 Confidential communications; exceptions.

65-5810.
Confidential communications; exceptions.
(a) The confidential relations and communications between a licensed professional counselor and such counselor's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.
(b) The confidential relations and communications between a licensed clinical professional counselor and such counselor's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.
(c) Nothing in this section or in this act shall be construed to prohibit any licensed professional counselor or licensed clinical professional counselor from testifying in court hearings concerning matters of adult abuse, adoption, child abuse, child neglect, or other matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors, or both, on behalf of the client. There is no privilege under this section for information which is required to be reported to a public official.
History:
L. 1987, ch. 315, § 10; L. 1996, ch. 153, § 10; L. 1999, ch. 117, § 9; July 1, 2000.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 58 - Professional Counselors › 65-5816 Invalidity of part.

65-5816.
Invalidity of part.
If any part or parts of the professional counselors licensure 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. 1987, ch. 315, § 16; L. 1996, ch. 153, § 14; January 1, 1997.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 58 - Professional Counselors › 65-5817 Disclosures to client at beginning of client-therapist relationship; documentation.

65-5817.
Disclosures to client at beginning of client-therapist relationship; documentation.
A licensee under the professional counselors licensure act, at the beginning of a client-therapist relationship, shall inform the client of the level of such licensee's training and the title or titles and license or licenses of such licensee. As a part of such obligation, such licensee shall disclose whether such licensee has a master's degree or a doctoral degree. If such licensee has a doctoral degree, such licensee shall disclose whether or not such doctoral degree is a doctor of medicine degree or some other doctoral degree. If such licensee does not have a medical doctor's degree, such licensee shall disclose that the licensee is not authorized to practice medicine and surgery and is not authorized to prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain mental disorders can have medical or biological origins, and that the client should consult with a physician. Documentation of such disclosures to a client shall be made in the client's record.
History:
L. 1999, ch. 117, § 4; July 1, 2000.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 58 - Professional Counselors › 65-5818 Postgraduate clinical supervision of professional counselors; requirements.

65-5818. Postgraduate clinical supervision of professional counselors; requirements.
On and after July 1, 2017, all licensees providing postgraduate clinical supervision for those working toward clinical licensure must be board-approved clinical supervisors.
(a) Applications for a board-approved clinical supervisor shall be made to the board on a form and in the manner prescribed by the board. Each application shall be accompanied by the fee fixed under K.S.A. 65-5808, and amendments thereto.
(b) Each applicant for board-approved clinical supervisor shall furnish evidence satisfactory to the board that the applicant:
(1) (A) Is currently licensed as a clinical professional counselor and has practiced as a clinical professional counselor for two years beyond the supervisor's licensure date; or
(B) is a person who is licensed at the graduate level to practice in one of the behavioral sciences, and whose authorized scope of practice permits the independent practice of counseling, therapy, or psychotherapy and has practiced at least two years of clinical practice beyond the date of licensure at this level;
(2) does not have any disciplinary action that would prohibit providing clinical supervision; and
(3) (A) has completed the minimum number of semester hours of coursework related to the enhancement of supervision skills approved by the board; or
(B) has completed the minimum number of continuing education hours related to the enhancement of supervision skills approved by the board.
(c) Each board-approved clinical supervisor shall complete, as part of the continuing education required under K.S.A. 65-5806, and amendments thereto, at least three hours of continuing education related to the enhancement of supervisory skills, and at least one such hour must focus on ethics in supervision.
History:
L. 2016, ch. 92, § 39; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 58 - Professional Counselors › 65-5819 Provisional licensure as professional counselor; remedial requirements prescribed by board; professional title.

65-5819. Provisional licensure as professional counselor; remedial requirements prescribed by board; professional title.
(a) If, in evaluating any applicant for licensure as a professional counselor, the board finds that the applicant is deficient in the qualifications or in the quality of the applicant's educational experience required by K.S.A. 65-5804a or 65-5807, and amendments thereto, as applicable, or by rules and regulations adopted by the board, the board may require the applicant to fulfill remedial or other requirements, as the board may prescribe.
(b) A person who is completing requirements prescribed by the board under subsection (a) may apply to the board for provisional licensure as a professional counselor on a form and in a manner prescribed by the board. The board may issue a provisional license to practice professional counseling. A provisional license shall expire upon the earlier of the date that the board issues or denies a license to practice professional counseling or 12 months after the date of issuance of the provisional license. No provisional license shall be renewed, and no provisional license shall be issued again, upon any subsequent application for the same license level.
(c) A person practicing professional counseling with a provisional license may not use the title "licensed professional counselor" or "licensed clinical professional counselor" or the initials "LPC" or "LCPC," independently. The word "licensed" may be used by such person only when preceded by the word "provisional."
History:
L. 2019, ch. 55, § 2; May 9.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 59 - Dietitians › 65-5902 Definitions.

65-5902. Definitions.
For the purposes of this act:
(a) "Secretary" means the secretary for aging and disability services.
(b) "Department" means the Kansas department for aging and disability services.
(c) "Licensed dietitian" means a person licensed under this act.
(d) "Dietetics practice" means the integration and application of principles derived from the sciences of nutrition, biochemistry, food, physiology, management and behavioral and social sciences to achieve and maintain the health of people through:
(1) Assessing the nutritional needs of clients;
(2) establishing priorities, goals and objectives that meet nutritional needs of clients; and
(3) advising and assisting individuals or groups on appropriate nutritional intake by integrating information from a nutritional assessment with information on food and other sources of nutrients and meal preparation.
(e) "Nutritional assessment" means the evaluation of the nutritional needs of clients based upon appropriate biochemical, anthropometric, physical and dietary data to determine nutrient needs and recommend appropriate nutritional intake including enteral and parenteral nutrition.
(f) "Dietitian" means a person engaged in dietetics practice.
(g) "Sponsor" means entities approved by the secretary for aging and disability services to provide continuing education programs or courses on an ongoing basis under this act and in accordance with any rules and regulations promulgated by the secretary in accordance with this act.
History:
L. 1988, ch. 228, § 2; L. 1989, ch. 203, § 1; L. 1997, ch. 31, § 1; L. 2014, ch. 115, § 270; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 59 - Dietitians › 65-5903 Persons authorized to practice dietetics or make certain representations limited; violations misdemeanor; action to enjoin violation authorized.

65-5903.
Persons authorized to practice dietetics or make certain representations limited; violations misdemeanor; action to enjoin violation authorized.
(a) Beginning one year after the date the rules and regulations first adopted under this act become effective, only a person licensed or otherwise authorized to practice under this act shall practice dietetics. Only a person licensed under this act shall use the title "dietitian" or "licensed dietitian" alone or in combination with other titles or use the letters L.D. or any other words or letters to indicate that the person using the same is a licensed dietitian.
(b) Violation of this section is a class C misdemeanor.
(c) In lieu of or in addition to prosecution under subsection (b), the secretary may bring an action to enjoin an alleged violation of this section.
History:
L. 1988, ch. 228, § 3; L. 1989, ch. 203, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 59 - Dietitians › 65-5904 Rules and regulations for implementation of act.

65-5904.
Rules and regulations for implementation of act.
The secretary may adopt rules and regulations necessary for the implementation of this act including, but not limited to, setting standards for approval of courses of study under this act, setting standards for approval of planned, continuous programs of dietetic experience and establishing procedures for the examination of applicants. No rule and regulation shall be adopted which would limit the sale of food products or food supplements by health food stores or others.
History:
L. 1988, ch. 228, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 59 - Dietitians › 65-5905 Contracts to obtain information about courses of study authorized.

65-5905.
Contracts to obtain information about courses of study authorized.
The secretary may contract with investigative agencies, commissions or consultants to assist the secretary in obtaining information about courses of study to be approved by the secretary under K.S.A. 65-5906.
History:
L. 1988, ch. 228, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 59 - Dietitians › 65-5906 Requirements for licensure; licenses issued for two years.

65-5906.
Requirements for licensure; licenses issued for two years.
(a) No person shall be granted a license as a dietitian unless such person has:
(1) Filed an application and paid the required application fee;
(2) received a baccalaureate or post-baccalaureate degree with a major course of study in human nutrition, food and nutrition, dietetics or food service management approved by the secretary as meeting the standards for approval of such course of study under this act;
(3) completed a planned, continuous program of dietetic experience approved by the secretary of not less than 900 clock hours under the supervision of a licensed dietitian; and
(4) passed an examination approved by the secretary.
(b) Licenses shall be issued for a period of two years.
History:
L. 1988, ch. 228, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 59 - Dietitians › 65-5907 Temporary license; requirements; expiration; renewal.

65-5907.
Temporary license; requirements; expiration; renewal.
(a) A temporary license to practice as a dietitian may be issued by the secretary upon the filing of an application, payment of the required application fee and submission of evidence of successful completion of the education requirements for licensure under this act.
(b) The temporary license shall expire six months from the date of issuance. The temporary license may be renewed for one period of not to exceed six months if the secretary determines that the applicant has failed to become licensed within the original period and if the applicant has paid the required renewal fee.
History:
L. 1988, ch. 228, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 59 - Dietitians › 65-5908 Waiver of requirements; when authorized.

65-5908.
Waiver of requirements; when authorized.
For one year beginning on the date the rules and regulations first adopted under this act become effective, the secretary shall waive the examination requirement and grant a license to a person who pays the renewal fee and who:
(a) Meets the educational requirements set forth by this act and has completed a planned, continuous program of dietetic experience approved by the secretary of not less than 900 clock hours on or before July 1, 1989; or
(b) meets the educational requirements and on the effective date of this act has been employed in dietetics practice for at least three of the five years immediately preceding July 1, 1989.
History:
L. 1988, ch. 228, § 8; L. 1989, ch. 203, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 59 - Dietitians › 65-5909 Renewal of license; requirements; procedure; reinstatement of lapsed license.

65-5909.
Renewal of license; requirements; procedure; reinstatement of lapsed license.
(a) Licenses may be renewed upon payment of the required renewal fee and successful completion of not more than 15 hours of continuing education during the licensure period as specified by the secretary by rules and regulations.
(b) At least 30 days before the expiration of the license, the secretary shall notify the licensee of the expiration by mail addressed to the licensee's last place of residence as noted upon the office records. If the licensee fails to submit an application and fee by the date of expiration of the license, the licensee shall be given a second notice that the license has expired and the license may only be renewed if the application, renewal fee and late renewal fee are received by the secretary within the thirty-day period following the date of expiration and, if the application and both fees are not received within the thirty-day period, the license shall be considered to have lapsed for failure to renew and shall be reissued only after the applicant has been reinstated under subsection (c).
(c) Any licensee who allows the licensee's license to lapse by failing to renew as herein provided may be reinstated upon payment of the renewal fee and the reinstatement fee and upon submitting evidence of satisfactory completion of any applicable continuing education requirements established by the secretary for reinstatement of persons whose licenses have lapsed for failure to renew. The secretary shall adopt rules and regulations establishing appropriate continuing education requirements for reinstatement of persons whose licenses have lapsed for failure to renew.
History:
L. 1988, ch. 228, § 9; L. 1994, ch. 53, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 59 - Dietitians › 65-5910 Licensure of person licensed in another state.

65-5910.
Licensure of person licensed in another state.
The secretary may license, without examination, any person who is duly licensed in another state if the standards for licensure in such other state are not less than the standards for licensure under this act.
History:
L. 1988, ch. 228, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 59 - Dietitians › 65-5911 Denial, refusal to renew, suspension or revocation of license; grounds; procedure; reinstatement.

65-5911.
Denial, refusal to renew, suspension or revocation of license; grounds; procedure; reinstatement.
(a) The secretary may deny, refuse to renew, suspend or revoke a license where the licensee or applicant:
(1) Has obtained, or attempted to obtain, a license by means of fraud, misrepresentation or concealment of material facts;
(2) has been guilty of unprofessional conduct as defined by rules and regulations adopted by the secretary;
(3) has been found guilty of a crime found by the secretary to have a direct bearing on whether such person should be entrusted to serve the public in the capacity of a dietitian;
(4) is mentally ill or physically disabled to an extent that impairs the individual's ability to engage in the practice of dietetics;
(5) has used any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;
(6) has violated any lawful order or rule and regulation of the secretary; or
(7) has violated any provision of this act.
(b) Such denial, refusal to renew, suspension or revocation of a license may be ordered by the secretary after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act.
(c) A person whose license has been revoked may apply to the secretary for reinstatement. The secretary shall have discretion to accept or reject an application for reinstatement and may hold a hearing to consider such reinstatement. An applicant for reinstatement shall submit a reinstatement application and a reinstatement fee established by the secretary and fulfill the requirements established under subsection (c) of K.S.A. 65-5909 and amendments thereto.
History:
L. 1988, ch. 228, § 11; L. 1989, ch. 203, § 4; L. 1994, ch. 53, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 59 - Dietitians › 65-5913 Fees.

65-5913. Fees.
The secretary shall fix by rules and regulations fees for applications for and renewal of licenses, temporary licenses, examination fees, late renewal fees, reinstatement and sponsorship fees under this act. Such fees shall be fixed in an amount to cover the costs of administering the provisions of this act. No fee shall be more than $200. The secretary shall remit all moneys received from fees, charges or penalties under this act 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 health occupations credentialing fee fund created by K.S.A. 39-979, and amendments thereto.
History:
L. 1988, ch. 228, § 13; L. 1994, ch. 53, § 4; L. 1997, ch. 31, § 2; L. 2001, ch. 5, § 265; L. 2018, ch. 32, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 60 - Acquired Immune Deficiency Syndrome (aids) And Hepatitis B; Other Infectious Disease › 65-6001 AIDS or HIV; definitions.

65-6001. AIDS or HIV; definitions.
As used in K.S.A. 65-6001 through 65-6010, and amendments thereto, unless the context clearly requires otherwise:
(a) "AIDS" means the disease acquired immune deficiency syndrome.
(b) "HIV" means the human immunodeficiency virus.
(c) "Laboratory confirmation of HIV infection" means positive test results from a confirmation test approved by the secretary.
(d) "Secretary" means the secretary of health and environment.
(e) "Physician" means any person licensed to practice medicine and surgery.
(f) "Laboratory director" means the person responsible for the professional, administrative, organizational and educational duties of a laboratory.
(g) "HIV infection" means the presence of HIV in the body.
(h) "Racial/ethnic group" shall be designated as either white, black, Hispanic, Asian/Pacific islander or American Indian/Alaskan Native.
(i) "Corrections officer" means an employee of the department of corrections as described in K.S.A. 75-5202(f) and (g), and amendments thereto.
(j) "Emergency services employee" means an emergency medical service provider as described in K.S.A. 65-6112, and amendments thereto, or a firefighter.
(k) "Law enforcement employee" means:
(1) Any police officer or law enforcement officer as defined under K.S.A. 74-5602, and amendments thereto;
(2) any person in the service of a city police department or county sheriff's office who performs law enforcement duties without pay and is considered a reserve officer;
(3) any person employed by a city or county who is in charge of a jail or section of jail, including jail guards and those who conduct searches of persons taken into custody; or
(4) any person employed by a city, county or the state of Kansas who works as a scientist or technician in a forensic laboratory.
(l) "Employing agency or entity" means the agency or entity employing a corrections officer, emergency services employee, law enforcement employee or jailer.
(m) "Infectious disease" means those diseases designated by the secretary through rules and regulations adopted pursuant to K.S.A. 65-128, and amendments thereto, as infectious or contagious in their nature.
(n) "Infectious disease tests" means tests approved by the secretary for detection of infectious diseases.
(o) "Juvenile correctional facility staff" means an employee of the department of corrections working in a juvenile correctional facility as defined in K.S.A. 38-2302, and amendments thereto.
History:
L. 1988, ch. 232, § 1; L. 1990, ch. 234, § 1; L. 1996, ch. 215, § 1; L. 1998, ch. 187, § 12; L. 1999, ch. 109, § 1; L. 2006, ch. 169, § 119; L. 2010, ch. 119, § 17; L. 2019, ch. 64, § 16; L. 2021, ch. 112, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 60 - Acquired Immune Deficiency Syndrome (aids) And Hepatitis B; Other Infectious Disease › 65-6003 Investigation of cases of AIDS or HIV infection; rules and regulations; protection of public health; disclosure of information; confidentiality; agreements with local boards of health authorized.

65-6003.
Investigation of cases of AIDS or HIV infection; rules and regulations; protection of public health; disclosure of information; confidentiality; agreements with local boards of health authorized.
(a) The secretary shall investigate cases of persons who have HIV infection or AIDS and monitor such cases during their continuance. The secretary may adopt and enforce rules and regulations for the prevention and control of HIV infection or AIDS as may be necessary to protect the public health. The secretary shall adopt rules and regulations for maintaining confidentiality of information under this act which at a minimum are as strict as the centers for disease control and prevention guidelines.
(b) Any information relating to persons who have HIV infection or AIDS which is required to be disclosed or communicated under subsection (a) shall be confidential and shall not be disclosed or made public beyond the disclosure necessary under subsection (a) or under subsection (a) of K.S.A. 65-6002 and amendments thereto to persons specifically designated by the secretary as authorized to obtain such information, except as otherwise permitted by subsection (d) of K.S.A. 65-6002 and amendments thereto.
(c) The secretary may enter into agreements with any county or joint board of health to perform duties required to be performed by the secretary under subsection (a) as specified by such agreement. The confidentiality requirements of subsection (b) shall apply to any duties performed pursuant to such an agreement.
History:
L. 1988, ch. 232, § 3; L. 1999, ch. 109, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 60 - Acquired Immune Deficiency Syndrome (aids) And Hepatitis B; Other Infectious Disease › 65-6004 Physician authorized to disclose to certain persons information about patient who has infectious disease or who has had laboratory confirmation of a positive reaction to an infectious disease test; confidentiality of information; immunity in judicial proceedings.

65-6004.
Physician authorized to disclose to certain persons information about patient who has infectious disease or who has had laboratory confirmation of a positive reaction to an infectious disease test; confidentiality of information; immunity in judicial proceedings.
(a) Notwithstanding any other law to the contrary, a physician performing medical or surgical procedures on a patient who the physician knows has an infectious disease or has had laboratory confirmation of a positive reaction to an infectious disease test may disclose such information to other health care providers, emergency services employees, corrections officers or law enforcement employees who have been or will be placed in contact with body fluids of such patient. The information shall be confidential and shall not be disclosed by such health care providers, emergency services employees, corrections officers or law enforcement employees except as may be necessary in providing treatment for such patient.
(b) Notwithstanding any other law to the contrary, a physician who has reason to believe that the spouse or partner of a person who has had laboratory confirmation of HIV infection or who has AIDS may have been exposed to HIV and is unaware of such exposure may inform the spouse or partner of the risk of exposure. The information shall be confidential and shall not be disclosed by such spouse or partner to other persons except to the spouse or partner who has had laboratory confirmation of HIV infection or who has AIDS.
(c) Nothing in this section shall be construed to create a duty to warn any person of possible exposure to HIV.
(d) Any physician who discloses or fails to disclose information in accordance with the provisions of this section in good faith and without malice shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed in an action resulting from such disclosure. Any such physician shall have the same immunity with respect to participation in any judicial proceeding resulting from such disclosure.
History:
L. 1988, ch. 232, § 4; L. 1990, ch. 234, § 3; L. 1993, ch. 221, § 1; L. 1996, ch. 215, § 2; L. 1999, ch. 109, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 60 - Acquired Immune Deficiency Syndrome (aids) And Hepatitis B; Other Infectious Disease › 65-6005 Unlawful acts; penalties.

65-6005.
Unlawful acts; penalties.
Except as otherwise provided in this section, any person violating, refusing or neglecting to obey any provision of K.S.A. 65-6001 through 65-6004, and amendments thereto, or of the rules and regulations adopted by the secretary for the prevention and control of HIV infection or AIDS shall be guilty of a class C misdemeanor. Any person who discloses information which is made confidential and prohibited from disclosure under K.S.A. 65-6002 through 65-6004, and amendments thereto, shall be guilty of a misdemeanor punishable by a fine of not less than $500 nor more than $1,000 and by imprisonment in the county jail for not more than six months.
History:
L. 1988, ch. 232, § 5; L. 1999, ch. 109, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 60 - Acquired Immune Deficiency Syndrome (aids) And Hepatitis B; Other Infectious Disease › 65-6006 Educational material explaining AIDS; distribution to district courts; copies provided to parties applying for marriage license.

65-6006.
Educational material explaining AIDS; distribution to district courts; copies provided to parties applying for marriage license.
The secretary shall prepare for distribution to the district courts of the state educational material explaining the nature, causes and effects of AIDS and other information relating to AIDS as may be appropriate. The clerks of the district courts or judges thereof, when applied to for a marriage license, shall provide copies of such educational material to the parties to the proposed marriage.
History:
L. 1988, ch. 232, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 60 - Acquired Immune Deficiency Syndrome (aids) And Hepatitis B; Other Infectious Disease › 65-6007 Establishment and maintenance of sites for testing for HIV.

65-6007.
Establishment and maintenance of sites for testing for HIV.
The secretary shall establish and maintain test sites throughout the state where testing for HIV may be undertaken including anonymous testing. The secretary shall establish test sites throughout the state so that an anonymous test site is available within 100 miles of any resident of the state.
History:
L. 1988, ch. 232, § 7; L. 1999, ch. 109, § 6; July 1.