reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 74 - Primary Care Safety Net Clinic Capital Loan Guarantees › 65-7404 Loan transactions and guarantees; eligibility and maximum terms.

65-7404.
Loan transactions and guarantees; eligibility and maximum terms.
(a) Each agreement entered into by the secretary to guarantee against default on a loan transaction shall be backed by the primary care safety net capital loan guarantee fund and shall receive prior approval by the primary care safety net clinic loan guarantee review committee established under K.S.A. 65-7405, and amendments thereto.
(b) Each loan transaction eligible for a guarantee under this act shall be for renovation, construction, acquisition, modernization, leasehold improvement or equipping of a primary care safety net clinic. Eligible costs may include land and building purchases, renovation and new construction costs, equipment and installation costs, pre-development costs that may be capitalized, financing, capitalized interest during construction, limited working capital during a start-up phase and consultant fees which do not include staff costs.
(c) The aggregate principal amount of outstanding loan guarantees for any single borrowing organization shall not exceed $3,000,000. The aggregate outstanding amount of all loan guarantees for borrowing organizations, under this act shall not exceed $15,000,000 at any time.
(d) Eligible tax-exempt bonds or conventional loans may be guaranteed up to 100% under this act, subject to the other provisions of this act and the rules and regulations adopted by the secretary of health and environment therefor. Each eligible loan transaction shall require an equity investment by the borrowing organization and shall have a loan-to-value ratio of at least 66%.
(e) The maximum term for an eligible loan transaction under this act for machinery or equipment shall be 10 years. The maximum term for an eligible loan transaction under this act for renovation, remodeling or leasehold improvements shall be 10 years. The maximum term for an eligible loan transaction under this act for new construction or land acquisition shall be 25 years.
History:
L. 2007, ch. 177, § 8; May 17.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 74 - Primary Care Safety Net Clinic Capital Loan Guarantees › 65-7405 Primary care safety net clinic loan guarantee review committee; membership; duties.

65-7405. Primary care safety net clinic loan guarantee review committee; membership; duties.
(a) There is hereby established the primary care safety net clinic loan guarantee review committee within the department of health and environment. The committee shall consist of five members.
(b) The members of the primary care safety net clinic loan guarantee review committee shall be appointed by the secretary in accordance with the following: (1) Two members shall be representatives of the department of health and environment selected by the secretary; (2) one member shall be appointed by the secretary who is nominated by the Kansas development finance authority; (3) one member shall be appointed by the secretary who is nominated by the director of health care finance; and (4) one member shall be appointed by the secretary who is nominated by the Kansas association for the medically underserved.
(c) The secretary may appoint persons as members of the primary care safety net clinic loan guarantee review committee who are officers or employees of the agencies or organizations they are nominated by or that they are appointed to represent. Not more than three members of the committee shall be affiliated with the same political party. Members shall serve at the pleasure of the secretary.
(d) The primary care safety net clinic loan guarantee review committee shall review all proposals for loan financing guarantees under this act and shall approve those proposals that the committee deems to represent reasonable risks and to have a sufficient likelihood of repayment. The committee shall advise the secretary on matters regarding the administration of this act when requested by the secretary and may provide such advice when deemed appropriate by the committee.
(e) The secretary or the secretary's designee shall serve as a nonvoting chairperson of the primary care safety net clinic loan guarantee review committee, and the committee shall annually elect a vice-chairperson from among its members. The committee shall meet upon call of the chairperson or upon call of any two of its members. Three voting members shall constitute a quorum for the transaction of business.
(f) Members of the primary care safety net clinic loan guarantee review committee attending meetings of the committee, or attending a subcommittee meeting thereof authorized by the committee, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
History:
L. 2007, ch. 177, § 9; L. 2012, ch. 102, § 32; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 74 - Primary Care Safety Net Clinic Capital Loan Guarantees › 65-7406 Primary care safety net clinic loan guarantee fund; administration.

65-7406.
Primary care safety net clinic loan guarantee fund; administration.
(a) Subject to appropriations there is hereby established the primary care safety net clinic loan guarantee fund in the state treasury for the purposes of facilitating the financing for the acquisition and modernization of primary care safety net clinics in Kansas and the refinancing of capital improvements and acquisition and installation of equipment therefor. The primary care safety net clinic loan guarantee fund shall be administered by the secretary. All moneys in the primary care safety net clinic loan guarantee fund shall be used to provide guarantees against capital loan risks in accordance with this act and to pay for the administrative costs associated with the act as may be certified by the secretary. All expenditures from the primary care safety net clinic loan guarantee fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or the secretary's designee.
(b) All fees and charges imposed by the secretary and other moneys received by the secretary for the purposes of this act shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the primary care safety net clinic loan guarantee fund.
(c) Upon certification by the secretary to the director of accounts and reports that the unencumbered balance in the primary care safety net clinic loan guarantee fund is insufficient to pay an amount for a loan guarantee for which the fund is liable under this act, the director of accounts and reports shall transfer an amount equal to the insufficiency from the state general fund to the primary care safety net clinic loan guarantee fund. The secretary shall transmit a copy of each such certification to the director of the budget and to the director of legislative research at the same time that the secretary submits a certification to the director of accounts and reports under this subsection.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the primary care safety net clinic loan guarantee fund interest earnings based on:
(1) The average daily balance of moneys in the Kansas export loan guarantee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History:
L. 2007, ch. 177, § 10; May 17.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 74 - Primary Care Safety Net Clinic Capital Loan Guarantees › 65-7407 Report of activities to the legislature.

65-7407.
Report of activities to the legislature.
The secretary shall prepare an annual report of the loan guarantee activity under this act, including new loans, loan repayment status and other relevant information regarding activities under this act and shall submit the report of its activities to the legislature at the beginning of each regular session by submitting the annual report to the committee on ways and means of the senate, or to the appropriate subcommittee thereof, or to its successor committee, and to the committee on appropriations of the house of representatives, or to the appropriate budget committee, or its successor committee.
History:
L. 2007, ch. 177, § 11; May 17.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 75 - Applied Behavior Analysis › 65-7501 Applied behavior analysis licensure act.

65-7501. Applied behavior analysis licensure act.
K.S.A. 65-7501 through 65-7505, and amendments thereto, shall be known and may be cited as the applied behavior analysis licensure act.
History:
L. 2014, ch. 62, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 75 - Applied Behavior Analysis › 65-7502 Definitions.

65-7502. Definitions.
For the purposes of this act:
(a) "Applied behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior;
(b) "autism service provider" means any person:
(1) That provides diagnostic or treatment services for autism spectrum disorders who is licensed or certified by the state of Kansas; or
(2) who is licensed by the behavioral sciences regulatory board as a licensed behavior analyst or a licensed assistant behavior analyst;
(c) "autism spectrum disorder" has the meaning ascribed to such term by K.S.A. 40-2,194, and amendments thereto.
(d) "board" means the behavioral sciences regulatory board created under K.S.A. 74-7501, and amendments thereto;
(e) "certifying entity" means the national accredited behavior analyst certification board or other equivalent nationally accredited nongovernmental agency approved by the behavioral sciences regulatory board which certifies individuals who have completed academic, examination, training and supervision requirements in applied behavior analysis;
(f) "controlled substance" means any drug, substance or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto;
(g) "diagnosis of autism spectrum disorders" means any medically necessary assessments, evaluations or tests in order to diagnose whether an individual has an autism spectrum disorder;
(h) "licensed assistant behavior analyst" or "LaBA" means an individual who is certified by the certifying entity as a certified assistant behavior analyst and meets the licensing criteria as established by the board by rules and regulations;
(i) "licensed behavior analyst" or "LBA" means an individual who is certified by the certifying entity as a certified behavior analyst and meets the licensing criteria as established by the board by rules and regulations;
(j) "line therapist" means an individual who:
(1) Provides supervision of an individual diagnosed with autism spectrum disorder and other neurodevelopmental disorders pursuant to the prescribed treatment plan; and
(2) implements specific behavioral interventions as outlined in the prescribed treatment plan under the direct supervision of a licensed behavior analyst; and
(k) "treatment for autism spectrum disorder" means care prescribed or ordered for an individual diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist, including equipment medically necessary for such care, pursuant to the powers granted under such licensed physician's or licensed psychologist's license.
History:
L. 2014, ch. 62, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 75 - Applied Behavior Analysis › 65-7503 Licensure required to practice applied behavior analysis; exceptions.

65-7503. Licensure required to practice applied behavior analysis; exceptions.
(a) On or after July 1, 2016, no person shall practice applied behavior analysis in this state unless they are:
(1) Licensed behavior analysts;
(2) licensed assistant behavior analysts working under the supervision of a licensed behavior analyst;
(3) an individual who has a bachelor's or graduate degree and completed course work for licensure as a behavior analyst and is obtaining supervised field experience under a licensed behavior analyst pursuant to required supervised work experience for licensure at the behavior analyst or assistant behavior analyst level; or
(4) licensed psychologists practicing within the rules and standards of practice for psychologists in the state of Kansas and whose practice is commensurate with their level of training and experience.
(b) The licensing requirements of subsection (a) shall not apply to any person:
(1) Licensed by the board who practices any component of applied behavior analysis within the scope of such person's license and scope of practice as required by law;
(2) who provides services under the individuals with disabilities education act (IDEA), 20 U.S.C. § 1400 et seq.;
(3) who provides services under § 504 of the federal rehabilitation act of 1973, 20 U.S.C. § 794;
(4) is enrolled in a course of study at a recognized educational institution through which such person provides applied behavior analysis as part of supervised clinical experience;
(5) who is an autism specialist, an intensive individual service provider or any other individual qualified to provide services under the home and community based services autism waiver administered by the Kansas department for aging and disability services;
(6) who is an occupational therapist licensed by the state board of healing arts, acting within the scope of such person's license and scope of practice as required by law; or
(7) who is a speech-language pathologist or audiologist licensed by the Kansas department for aging and disability services, acting within the scope of such person's license and scope of practice as required by law.
(c) The board shall not issue a license under this act until the license applicant provides proof that such applicant has met the certification requirements of a certifying entity.
History:
L. 2014, ch. 62, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 75 - Applied Behavior Analysis › 65-7505 Rules and regulations.

65-7505. Rules and regulations.
The board shall adopt rules and regulations necessary to implement and administer this act. Such rules and regulations shall include, but not be limited to:
(a) The form and content of license applications required and the procedures for filing an application for an initial or renewal license or reinstatement in this state;
(b) the establishment of fees for licenses and renewal and reinstatement thereof to cover all or any part of the cost of administering the provisions of this act;
(c) the educational and training requirements for licensed behavior analysts and licensed assistant behavior analysts;
(d) the roles, responsibilities and duties of licensed behavior analysts and licensed assistant behavior analysts;
(e) the characteristics of supervision and supervised clinical practicum experience for the licensed behavior analysts and the licensed assistant behavior analysts;
(f) the supervision of licensed behavior analysts and licensed assistant behavior analysts;
(g) the requirements for continuing education for licensed behavior analysts and licensed assistant behavior analysts;
(h) standards of professional competency;
(i) standards of professional conduct; and
(j) such other rules and regulations as the board deems necessary to carry out the provisions of this act.
History:
L. 2014, ch. 62, § 6; L. 2023, ch. 90, § 28; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7601 Citation of act.

65-7601. Citation of act.
K.S.A. 65-7601 through 65-7624, and amendments thereto, shall be known and may be cited as the acupuncture practice act.
History:
L. 2016, ch. 92, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7602 Definitions.

65-7602. Definitions.
As used in the acupuncture practice act:
(a) "ACAOM" means the national accrediting agency recognized by the U.S. department of education that provides accreditation for educational programs for acupuncture and oriental medicine. For purposes of the acupuncture practice act, the term ACAOM shall also include any entity deemed by the board to be the equivalent of ACAOM.
(b) "Act" means the acupuncture practice act.
(c) "Acupuncture" means the use of needles inserted into the human body by piercing of the skin and related modalities for the assessment, evaluation, prevention, treatment or correction of any abnormal physiology or pain by means of controlling and regulating the flow and balance of energy in the body and stimulating the body to restore itself to its proper functioning and state of health.
(d) "Board" means the state board of healing arts.
(e) "Council" means the acupuncture advisory council established by K.S.A. 65-7613, and amendments thereto.
(f) "Licensed acupuncturist" means any person licensed to practice acupuncture under the acupuncture practice act.
(g) "NCCAOM" means the national certification commission for acupuncture and oriental medicine. NCCAOM is a national organization that validates entry-level competency in the practice of acupuncture and oriental medicine through the administration of professional certification examinations. For purposes of the acupuncture practice act, the term NCCAOM shall also include any entity deemed by the board to be the equivalent of the NCCAOM.
(h) "Physician" means a person licensed to practice medicine and surgery or osteopathy in Kansas.
(i) "Practice of acupuncture" includes, but is not limited to:
(1) Techniques sometimes called "dry needling," "trigger point therapy," "intramuscular therapy," "auricular detox treatment" and similar terms;
(2) mechanical, thermal, pressure, suction, friction, electrical, magnetic, light, sound, vibration, manual and electromagnetic treatment;
(3) the use, application or recommendation of therapeutic exercises, breathing techniques, meditation and dietary and nutritional counselings; and
(4) the use and recommendation of herbal products and nutritional supplements, according to the acupuncturist's level of training and certification by the NCCAOM or its equivalent.
(j) "Practice of acupuncture" does not include:
(1) Prescribing, dispensing or administering of any controlled substances as defined in K.S.A. 65-4101 et seq., and amendments thereto, or any prescription-only drugs;
(2) the practice of medicine and surgery, including obstetrics and the use of lasers or ionizing radiation;
(3) the practice of osteopathic medicine and surgery or osteopathic manipulative treatment;
(4) the practice of chiropractic;
(5) the practice of dentistry; or
(6) the practice of podiatry.
History:
L. 2016, ch. 92, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7603 License prerequisite to practice acupuncture; representation as acupuncturist; penalties.

65-7603. License prerequisite to practice acupuncture; representation as acupuncturist; penalties.
(a) On and after July 1, 2017, except as otherwise provided in this act, no person shall practice acupuncture unless such person possesses a current and valid acupuncture license issued under this act.
(b) (1) No person shall depict oneself orally or in writing, expressly or by implication, as a holder of a license who does not hold a current license under this act.
(2) Only persons licensed under this act shall be entitled to use the title "licensed acupuncturist" or the designated letters "L.Ac."
(3) Nothing in this section shall be construed to prohibit an acupuncturist licensed under this act from listing or using in conjunction with their name any letters, words, abbreviations or other insignia to denote any educational degrees, certifications or credentials which such licensed acupuncturist has earned.
(4) Violation of this section shall constitute a class B misdemeanor.
History:
L. 2016, ch. 92, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7604 Acupuncture needles; requirements.

65-7604. Acupuncture needles; requirements.
Needles used in the practice of acupuncture shall only be prepackaged, single-use and sterile. These needles shall only be used on an individual patient in a single treatment session.
History:
L. 2016, ch. 92, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7605 Persons not required to hold acupuncturist license.

65-7605. Persons not required to hold acupuncturist license.
(a) The following shall be exempt from the requirements for an acupuncture license pursuant to this act:
(1) Any person licensed in this state to practice medicine and surgery, osteopathy, dentistry or podiatry, a licensed chiropractor or a licensed naturopathic doctor, if the person confines the person's acts or practice to the scope of practice authorized by their health professional licensing laws and does not represent to the public that the person is licensed under this act;
(2) any herbalist or herbal retailer who does not hold oneself out to be a licensed acupuncturist;
(3) any health care provider in the United States armed forces, federal facilities and other military service when acting in the line of duty in this state;
(4) any student, trainee or visiting teacher of acupuncture, oriental medicine or herbology who is designated as a student, trainee or visiting teacher while participating in a course of study or training under the supervision of a licensed acupuncturist licensed under this act in a program that the council has approved. This includes continuing education programs and any acupuncture or herbology programs that are a recognized route by the NCCAOM, or its equivalent, to certification;
(5) any person rendering assistance in the case of an emergency or disaster relief;
(6) any person practicing self-care or any family member providing gratuitous care, so long as such person or family member does not represent or hold oneself out to the public to be an acupuncturist;
(7) any person who massages, so long as such person does not practice acupuncture or hold oneself out to be a licensed acupuncturist;
(8) any person whose professional services are performed pursuant to delegation by and under the supervision of a practitioner licensed under this act;
(9) any team acupuncturist or herbology practitioner, who is traveling with and treating those associated with an out-of-state or national team that is temporarily in the state for training or competition purposes; and
(10) any person licensed as a physical therapist when performing dry needling, trigger point therapy or services specifically authorized in accordance with the provisions of the physical therapy practice act.
(b) This section shall take effect on and after July 1, 2017.
History:
L. 2016, ch. 92, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7606 License to practice acupuncture by examination; prerequisites.

65-7606. License to practice acupuncture by examination; prerequisites.
An applicant for licensure as an acupuncturist shall file an application, on forms provided by the board, showing to the satisfaction of the board that the applicant:
(a) Is at least 21 years of age;
(b) has successfully completed secondary schooling or its equivalent;
(c) has satisfactorily completed a course of study involving acupuncture from an accredited school of acupuncture which the board shall determine to have educational standards substantially equivalent to the minimum educational standards for acupuncture colleges as established by the ACAOM or NCCAOM;
(d) has satisfactorily passed a license examination approved by the board;
(e) has the reasonable ability to communicate in English; and
(f) has paid all fees required for licensure pursuant to K.S.A. 65-7611, and amendments thereto.
History:
L. 2016, ch. 92, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7607 License to practice acupuncture by endorsement; prerequisite.

65-7607. License to practice acupuncture by endorsement; prerequisite.
(a) The board, without examination, may issue a license to a person who has been in the active practice of acupuncture in some other state, territory, the District of Columbia or other country upon certification by the proper licensing authority of that state, territory, District of Columbia or other country certifying that the applicant is duly licensed, that the applicant's license has never been limited, suspended or revoked, that the licensee has never been censured or received other disciplinary actions and that, so far as the records of such authority are concerned, the applicant is entitled to such licensing authority's endorsement. The applicant shall also present proof satisfactory to the board:
(1) That the state, territory, District of Columbia or country in which the applicant last practiced has and maintains standards at least equal to those maintained in Kansas;
(2) that the applicant's original license was based upon an examination at least equal in quality to the examination required in this state and that the passing grade required to obtain such original license was comparable to that required in this state;
(3) the date of the applicant's original license and all endorsed licenses and the date and place from which any license was attained;
(4) the applicant has been actively engaged in practice under such license or licenses since issued. The board may adopt rules and regulations establishing qualitative and quantitative practice activities which qualify as active practice;
(5) that the applicant has a reasonable ability to communicate in English; and
(6) that the applicant has paid all the application fees as prescribed by K.S.A. 65-7611, and amendments thereto.
(b) An applicant for a license by endorsement shall not be licensed unless, as determined by the board, the applicant's individual qualifications are substantially equivalent to the Kansas requirements for licensure under the acupuncture practice act.
History:
L. 2016, ch. 92, § 12; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7608 Waiver of certain license prerequisites.

65-7608. Waiver of certain license prerequisites.
The board shall waive the education and examination requirements for an applicant who submits an application on or before January 1, 2018, and who, on or before July 1, 2017:
(a) Is 21 years of age or older;
(b) has successfully completed secondary schooling or its equivalent;
(c) (1) (A) has completed a minimum of 1,350 hours of study, excluding online study in the field of acupuncture; and
(B) has been engaged in the practice of acupuncture with a minimum of 1,500 patient visits during a period of at least three of the five years immediately preceding July 1, 2017, as evidenced by two affidavits from office partners, clinic supervisors or other individuals approved by the board, who have personal knowledge of the years of practice and number of patients visiting the applicant for acupuncture. The board may adopt rules and regulations for further verification of the applicant's practice of acupuncture; or
(2) has satisfactorily passed a license examination approved by the board;
(d) has a reasonable ability to communicate in English; and
(e) has paid all fees required for licensure as prescribed by K.S.A. 65-7611, and amendments thereto.
History:
L. 2016, ch. 92, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7610 Reinstatement of revoked license; requirements; procedure.

65-7610. Reinstatement of revoked license; requirements; procedure.
A person whose license has been revoked may apply for reinstatement after the expiration of three years from the effective date of the revocation. Application for reinstatement shall be on a form provided by the board and shall be accompanied by the fee established by the board in accordance with K.S.A. 65-7611, and amendments thereto. The burden of proof by clear and convincing evidence shall be on the applicant to show sufficient rehabilitation to justify reinstatement. If the board determines that a license should not be reinstated, the person shall not be eligible to reapply for reinstatement for three years from the effective date of the denial. All proceedings conducted on an application for reinstatement shall be in accordance with the Kansas administrative procedure act and shall be reviewable in accordance with the Kansas judicial review act. The board, on its own motion, may stay the effectiveness of an order of revocation of license.
History:
L. 2016, ch. 92, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7611 Fees; collection by state board of healing arts.

65-7611. Fees; collection by state board of healing arts.
The board shall charge and collect in advance nonrefundable fees for acupuncturists as established by the board by rules and regulations, not to exceed:
Initial application for licensure    $700
Annual renewal for active license - paper    $300
Annual renewal for active license - online    $250
Annual renewal for inactive license - paper    $200
Annual renewal for inactive license - online    $150
Annual renewal for exempt license - paper    $200
Annual renewal for exempt license - online    $150
Late renewal fee    $100
Conversion from inactive to active license    $300
Conversion from exempt to active license    $300
Application for reinstatement of revoked license    $1,000
Certified copy of license    $25
Written verification of license    $25
History:
L. 2016, ch. 92, § 16; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7612 Fees, disposition of.

65-7612. Fees, disposition of.
The board shall remit all moneys received by or for the board from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of such amount shall be credited to the state general fund and the balance shall be credited to the healing arts fee fund. All expenditures from the healing arts fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person or persons designated by the president.
History:
L. 2016, ch. 92, § 17; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7613 Acupuncture advisory council; appointments and terms of members; meetings; reimbursement.

65-7613. Acupuncture advisory council; appointments and terms of members; meetings; reimbursement.
(a) There is hereby established the acupuncture advisory council to assist the state board of healing arts in carrying out the provisions of this act. The council shall consist of five members, all citizens and residents of the state of Kansas, appointed as follows:
(1) The board shall appoint one member who is a physician licensed to practice medicine and surgery or osteopathy. The member appointed by the board shall serve at the pleasure of the board. The governor shall appoint three acupuncturists who have at least three years' experience in acupuncture preceding appointment and are actively engaged, in this state, in the practice of acupuncture or the teaching of acupuncture. At least two of the governor's appointments shall be made from a list of four nominees submitted by the Kansas association of oriental medicine. The governor shall appoint one member from the public sector who is not engaged, directly or indirectly, in the provision of health services. Insofar as possible, persons appointed by the governor to the council shall be from different geographic areas.
(2) The members appointed by the governor shall be appointed for terms of four years and until a successor is appointed. If a vacancy occurs on the council, the appointing authority of the position which has become vacant shall appoint a person of like qualifications to fill the vacant position for the unexpired term.
(b) The council shall meet at least once each year at a time of its choosing at the board's main office and at such other times as may be necessary on the chairperson's call or on the request of a majority of the council's members.
(c) A majority of the council constitutes a quorum. No action may be taken by the council except by affirmative vote of the majority of the members present and voting.
(d) Members of the council attending meetings of the council, or a subcommittee of the council, shall be paid amounts provided in K.S.A. 75-3223(e), and amendments thereto, from the healing arts fee fund.
History:
L. 2016, ch. 92, § 18; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7614 Same; duties.

65-7614. Same; duties.
The acupuncture advisory council shall advise the board regarding:
(a) Examination, licensing and other fees;
(b) rules and regulations to be adopted to carry out the provisions of this act;
(c) the number of yearly continuing education hours required to maintain active licensure;
(d) changes and new requirements taking place in the areas of acupuncture; and
(e) such other duties and responsibilities as the board may assign.
History:
L. 2016, ch. 92, § 19; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7615 Rules and regulations.

65-7615. Rules and regulations.
The board shall promulgate all necessary rules and regulations which may be necessary to administer the provisions of this act and to supplement the provisions herein.
History:
L. 2016, ch. 92, § 20; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7617 Same; jurisdiction; procedure; stipulations; emergency proceedings.

65-7617. Same; jurisdiction; procedure; stipulations; emergency proceedings.
(a) The board shall have jurisdiction of proceedings to take disciplinary action against any licensee practicing under the acupuncture practice act. Any such action shall be taken in accordance with the Kansas administrative procedure act.
(b) Either before or after formal charges have been filed, the board and the licensee may enter into a stipulation which shall be binding upon the board and the licensee entering into such stipulation, and the board may enter its findings of fact and enforcement order based upon such stipulation without the necessity of filing any formal charges or holding hearings in the case. An enforcement order based upon a stipulation may order any disciplinary action against the licensee entering into such stipulation.
(c) The board may temporarily suspend or temporarily limit the license of any licensee in accordance with the emergency adjudicative proceedings provisions under the Kansas administrative procedure act if the board determines that there is cause to believe that grounds exist for disciplinary action against the licensee and that the licensee's continuation of practice would constitute an imminent danger to public health and safety.
(d) Judicial review and civil enforcement of any agency action under this act shall be in accordance with the Kansas judicial review act.
History:
L. 2016, ch. 92, § 22; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7618 Non-disciplinary resolutions; procedure.

65-7618. Non-disciplinary resolutions; procedure.
The board or a committee of the board may implement non-disciplinary resolutions concerning a licensed acupuncturist consistent with the provisions of K.S.A. 65-2838a, and amendments thereto.
History:
L. 2016, ch. 92, § 23; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7619 Administrative fines.

65-7619. Administrative fines.
The state board of healing arts, in addition to any other penalty prescribed under the acupuncture practice act, may assess a civil fine, after proper notice and an opportunity to be heard, against a licensee for a violation of the acupuncture practice act in an amount not to exceed $2,000 for a first violation, $5,000 for a second violation and $10,000 for a third violation and any subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4218 [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. Fines collected under this section shall be considered administrative fines pursuant to 11 U.S.C. § 523.
History:
L. 2016, ch. 92, § 24; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7620 Confidentiality of complaints and related reports, records or information; exceptions.

65-7620. Confidentiality of complaints and related reports, records or information; exceptions.
(a) Any complaint or report, record or other information relating to a complaint which is received, obtained or maintained by the board shall be confidential and shall not be disclosed by the board or its employees in a manner which identifies or enables identification of the person who is the subject or source of the information, except the information may be disclosed:
(1) In any proceeding conducted by the board under the law or in an appeal of an order of the board entered in a proceeding, or to any party to a proceeding or appeal or the party's attorney;
(2) to the person who is the subject of the information or to any person or entity when requested by the person who is the subject of the information, but the board may require disclosure in such a manner that will prevent identification of any other person who is the subject or source of the information; or
(3) to a state or federal licensing, regulatory or enforcement agency with jurisdiction over the subject of the information or to an agency with jurisdiction over acts or conduct similar to acts or conduct which would constitute grounds for action under this act.
(b) Any confidential complaint or report, record or other information disclosed by the board as authorized by this section shall not be re-disclosed by the receiving agency except as otherwise authorized by law.
(c) This section regarding confidentiality shall expire on July 1, 2022, unless the legislature reviews and reenacts such provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2022.
History:
L. 2016, ch. 92, § 25; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7621 Reporting alleged incidents of malpractice; civil immunity; when.

65-7621. Reporting alleged incidents of malpractice; civil immunity; when.
(a) No person reporting to the state board of healing arts in good faith any information such person may have relating to alleged incidents of malpractice, or the qualifications, fitness or character of, or disciplinary action taken against a person licensed, registered or certified by the board shall be subject to a civil action for damages as a result of reporting such information.
(b) Any state, regional or local association composed of persons licensed to practice acupuncture and the individual members of any committee thereof, which in good faith investigates or communicates information pertaining to the alleged incidents of malpractice, or the qualifications, fitness or character of, or disciplinary action taken against any licensee, registrant or certificate holder to the state board of healing arts or to any committee or agent thereof, shall be immune from liability in any civil action that is based upon such investigation or transmittal of information if the investigation and communication was made in good faith and did not represent as true any matter not reasonably believed to be true.
History:
L. 2016, ch. 92, § 26; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7622 Acupuncturist-patient privilege.

65-7622. Acupuncturist-patient privilege.
(a) The confidential relations and communications between a licensed acupuncturist and the acupuncturist's patient are placed on the same basis as those established between a physician and a physician's patient in K.S.A. 60-427, and amendments thereto.
(b) This section shall take effect on and after July 1, 2017.
History:
L. 2016, ch. 92, § 27; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7623 Injunction against violation of act.

65-7623. Injunction against violation of act.
(a) When it appears that any person is violating any provision of this act, the board may bring an action in the name of the state in a court of competent jurisdiction for an injunction against such violation without regard as to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
(b) This section shall take effect on and after July 1, 2017.
History:
L. 2016, ch. 92, § 28; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 76 - Acupuncture Practice Act › 65-7624 Severability of act.

65-7624. Severability of act.
If any provision of the acupuncture practice act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the acupuncture practice act which can be given effect without the invalid provision or application, and to this end the provisions of the acupuncture practice act are declared to be severable.
History:
L. 2016, ch. 92, § 29; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-101 Electric public utilities; power, authority and jurisdiction of state corporation commission.

66-101.
Electric public utilities; power, authority and jurisdiction of state corporation commission.
The commission is given full power, authority and jurisdiction to supervise and control the electric public utilities, as defined in K.S.A. 66-101a, doing business in Kansas, and is empowered to do all things necessary and convenient for the exercise of such power, authority and jurisdiction.
History:
R.S. 1923, 66-101; L. 1969, ch. 302, § 2; L. 1981, ch. 255, § 1; L. 1985, ch. 224, § 1; L. 1985, ch. 225, § 7; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-101a Same; definitions.

66-101a.
Same; definitions.
As used in this act:
(a) "Electric public utility" means any public utility, as defined in K.S.A. 66-104, and amendments thereto, which generates or sells electricity.
(b) "Commission" means the state corporation commission.
History:
L. 1985, ch. 225, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-101b Electric public utilities; efficient and sufficient service; just and reasonable rates.

66-101b.
Electric public utilities; efficient and sufficient service; just and reasonable rates.
Every electric public utility governed by this act shall be required to furnish reasonably efficient and sufficient service and facilities for the use of any and all products or services rendered, furnished, supplied or produced by such electric public utility, to establish just and reasonable rates, charges and exactions and to make just and reasonable rules, classifications and regulations. Every unjust or unreasonably discriminatory or unduly preferential rule, regulation, classification, rate, charge or exaction is prohibited and is unlawful and void. The commission shall have the power, after notice and hearing in accordance with the provisions of the Kansas administrative procedure act, to require all electric public utilities governed by this act to establish and maintain just and reasonable rates when the same are reasonably necessary in order to maintain reasonably sufficient and efficient service from such electric public utilities.
History:
L. 1911, ch. 238, § 10; R.S. 1923, 66-107; L. 1985, ch. 225, § 13; L. 1988, ch. 356, § 219; L. 1995, ch. 10, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-101c Same; publication and filing of rates, rules and regulations and contracts.

66-101c.
Same; publication and filing of rates, rules and regulations and contracts.
Every electric public utility doing business in Kansas over which the commission has control shall publish and file with the commission copies of all schedules of rates and shall furnish the commission copies of all rules and regulations and contracts between electric public utilities pertaining to any and all jurisdictional services to be rendered by such electric public utilities. The commission shall have power to prescribe reasonable rules and regulations regarding the form and filing of all schedules of rates and all rules and regulations of such electric public utilities, including such protection of confidentiality as requested by the electric public utility, and the utility's suppliers and customers, for contracts entered into by them, and as the commission determines reasonable and appropriate.
History:
L. 1911, ch. 238, § 11; R.S. 1923, 66-108; L. 1985, ch. 225, § 19; L. 1995, ch. 21, § 1; March 16.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-101d Same; investigations initiated by commission; powers; hearings.

66-101d.
Same; investigations initiated by commission; powers; hearings.
The commission, upon its own initiative, may investigate all schedules of rates and rules and regulations of electric public utilities. If after investigation and hearing the commission finds that such rates or rules and regulations are unjust, unreasonable, unjustly discriminatory or unduly preferential, the commission shall have the power to establish and order substituted therefor such rates and such rules and regulations as are just and reasonable.
If after investigation and hearing it is found that any regulation, measurement, practice, act or service complained of is unjust, unreasonable, unreasonably inefficient or insufficient, unduly preferential, unjustly discriminatory, or otherwise in violation of this act or of the orders of the commission, or if it is found that any service is inadequate or that any reasonable service cannot be obtained, the commission shall have the power to substitute therefor such other regulations, measurements, practices, service or acts, and to make such order respecting any such changes in such regulations, measurements, practices, service or acts as are just and reasonable. When, in the judgment of the commission, public necessity and convenience require, the commission shall have the power to establish just and reasonable concentration or other special rates, charges or privileges, but all such rates, charges and privileges shall be open to all users of a like kind of service under similar circumstances and conditions.
Hearings shall be conducted in accordance with the provisions of the Kansas administrative procedure act, unless, in the case of a general investigation, for good cause, the commission orders otherwise.
History:
L. 1911, ch. 238, § 13; R.S. 1923, 66-110; L. 1985, ch. 225, § 25; L. 1988, ch. 356, § 220; L. 1995, ch. 10, § 3; L. 1997, ch. 132, § 5; July 1.