reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 42 - Examination, Licensure And Regulation Of Mental Health Technicians › 65-4207 List of approved courses; survey of proposed course and institution; resurvey; notice to deficient institution; removal from list; records.

65-4207.
List of approved courses; survey of proposed course and institution; resurvey; notice to deficient institution; removal from list; records.
(a) The board shall prepare and maintain a master list of approved courses on mental health technology: (1) Which qualify graduates thereof, if they have the other necessary qualifications provided for in this act, to be eligible to apply for a license as a mental health technician; and (2) which meet the requirements of the board for qualification under a continuing education program for licensed mental health technicians.
(b) A survey of the proposed course and of the institution applying for accreditation of the course on mental health technology shall be made by an authorized employee of the board or members of the board who shall submit a written report concerning such study. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about such course and institution. In entering such contracts the authority to approve such courses shall remain solely with the board.
(c) If, in the opinion of the board, the requirements as prescribed in its rules and regulations for approved courses of mental health technology are met, it shall approve the application and course and post evidence of such approval upon the master list. From time to time, as deemed necessary, the board shall cause to be made a resurvey of approved courses and shall have written reports of such resurvey submitted. If the board determines that any previously approved course is not maintaining the content required by this act and by the rules and regulations prescribed, a notice thereof shall be given immediately to the institution specifying the nature and extent of the deficiency. A failure to correct such condition or conditions to the satisfaction of the board within one year following the notice shall cause the course to be removed from the master list of approved courses on mental health technology. Personnel conducting approved courses shall maintain accurate and current records showing in full the theoretical and practical instruction given to all students.
History:
L. 1973, ch. 308, § 7; L. 1983, ch. 207, § 9; L. 1988, ch. 243, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 42 - Examination, Licensure And Regulation Of Mental Health Technicians › 65-4208 Fees.

65-4208. Fees.
(a) The board shall collect in advance the fees provided for in this act, the amount of which shall be fixed by the board by rules and regulations, but not to exceed:
(1) Mental health technician programs:
Annual renewal of program approval   $110
Survey of a new program   220
Application for approval of continuing education providers   200
Annual fee for continuing education providers   75
(2) Mental health technicians:
Application for license   $50
Application for renewal of license   60
Application for reinstatement   70
Application for reinstatement of license with temporary permit   75
Certified copy of license   12
Duplicate of license   12
Inactive license   20
Verification of current Kansas license to other states   11
Application for exempt license   50
Application for biennial renewal of exempt license   50
(b) The board shall require that fees for an examination prescribed by the board be paid directly to the examination service providing the examination by the person taking the examination.
(c) The board shall accept for payment of fees under this section personal checks, certified checks, cashier's checks, money orders or credit cards. The board may designate other methods of payment, but shall not refuse payment in the form of a personal check. The board may impose additional fees and recover any costs incurred by reason of payments made by personal checks with insufficient funds and payments made by credit cards.
History:
L. 1973, ch. 308, § 8; L. 1980, ch. 188, § 3; L. 1983, ch. 207, § 7; L. 1988, ch. 260, § 1; L. 1992, ch. 135, § 6; L. 1997, ch. 158, § 9; L. 1999, ch. 84, § 6; L. 2017, ch. 31, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 42 - Examination, Licensure And Regulation Of Mental Health Technicians › 65-4210 Disciplinary proceedings; complaint; notice and hearing.

65-4210.
Disciplinary proceedings; complaint; notice and hearing.
(a) If a sworn complaint is filed with the board by any person charging a mental health technician with having been guilty of any of the actions specified as a ground for disciplinary action, the board shall fix a time and place for hearing and shall cause a copy of the charges, together with a notice of the time and place fixed for the hearing, to be personally served on the accused mental health technician, in the manner provided by the provisions of the Kansas administrative procedure act.
(b) The hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act. If the accused mental health technician is found guilty of the charges, or any of them, the board may withhold, revoke, or suspend an existing license, or otherwise discipline a licensee as provided in this act. A revoked or suspended license may be reissued thereafter by the board in its discretion.
(c) Any meeting of the board may be adjourned or continued by an affirmative vote of a majority of the board members present at the hearing or meeting.
History:
L. 1973, ch. 308, § 10; L. 1983, ch. 216, § 2; L. 1984, ch. 313, § 130; July 1, 1985.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 42 - Examination, Licensure And Regulation Of Mental Health Technicians › 65-4211 Judicial review.

65-4211.
Judicial review.
(a) Any person aggrieved by a decision of the board, and affected thereby, shall be entitled to judicial review in accordance with the provisions of the Kansas judicial review act.
(b) Any party may have review of the final judgment or decision of the district court by appeal to the supreme court pursuant to the Kansas judicial review act.
History:
L. 1973, ch. 308, § 11; L. 1984, ch. 313, § 131; L. 2010, ch. 17, § 159; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 42 - Examination, Licensure And Regulation Of Mental Health Technicians › 65-4212 Exclusions.

65-4212. Exclusions.
The provisions of this act shall not be construed as prohibiting: (a) Gratuitous care of the mentally ill, emotionally disturbed or people with intellectual disability by friends or members of the family;
(b) the practice of mental health technology by students enrolled in approved courses of mental health technology;
(c) the practice of mental health technology by graduates of an approved course in mental health technology who are practicing as mental health technicians pending the results of the first licensing examination scheduled by the board following graduation;
(d) practice by short-term trainees exploring the practice of mental health technology as a prospective vocation;
(e) service conducted in accordance with the practice of the tenets of any religious denomination in which persons of good faith rely solely upon spiritual means or prayer in the exercise of their religion to prevent or cure disease;
(f) the practice of any legally qualified mental health technician of this state or another who is employed by the United States government of [or] any bureau, division or agency thereof, while in the discharge of official duties;
(g) temporary assistance in the therapeutic care of individuals where adequate medical, nursing, and/or other supervision is provided;
(h) subsidiary workers in hospitals or related institutions from assisting in the nursing care of individuals where adequate medical and nursing supervision is provided; and
(i) the employment of psychiatric aides who have received at least three months instruction in an approved basic aide training program and who work under the supervision of licensed personnel.
History:
L. 1973, ch. 308, § 12; L. 1976, ch. 281, § 1; L. 2012, ch. 91, § 45; L. 2017, ch. 31, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 42 - Examination, Licensure And Regulation Of Mental Health Technicians › 65-4213 Injunctions.

65-4213.
Injunctions.
When it appears to the board that any person is violating any of the provisions of this act or that any person, firm, corporation, institution or association is employing one not licensed under this act, the board may bring an action in a court of competent jurisdiction for an injunction against such violation without regard to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
History:
L. 1973, ch. 308, § 13; July 1, 1974.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 42 - Examination, Licensure And Regulation Of Mental Health Technicians › 65-4214 Violations; penalties.

65-4214.
Violations; penalties.
(a) It is a violation of law for any person, including any corporation, association, partnership to:
(1) Fraudulently obtain, sell, transfer, or furnish any mental health technician diploma, license, renewal of license or record, or aid or abet another therein;
(2) advertise, represent, or hold oneself out in any manner as a mental health technician or to practice as a mental health technician without having a license to so practice issued under the mental health technician's licensure act, except as provided in K.S.A. 65-4212 and amendments thereto;
(3) use in connection with one's name any designation intending to imply that such person is a licensed mental health technician without having such license issued as herein provided;
(4) practice as a mental health technician during the time such person's license is suspended or revoked;
(5) otherwise violate any of the provisions of the mental health technician's licensure act; or
(6) represent that a provider of continuing education is approved for educating mental health technicians, unless the provider of continuing education has been approved by the board and the approval is in full force.
(b) Any person who violates this section is guilty of a class B misdemeanor, except that, upon conviction of a second or subsequent violation of this section, such person is guilty of a class A misdemeanor.
History:
L. 1973, ch. 308, § 14; L. 1993, ch. 194, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 42 - Examination, Licensure And Regulation Of Mental Health Technicians › 65-4215 Practice of medicine not authorized.

65-4215.
Practice of medicine not authorized.
Nothing in this act shall be construed as authorizing a licensed mental health technician to practice medicine or surgery or to undertake the prevention, treatment or cure of disease, pain, injury, deformity or mental or physical condition.
History:
L. 1973, ch. 308, § 15; July 1, 1974.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 42 - Examination, Licensure And Regulation Of Mental Health Technicians › 65-4216 Report of certain actions of mental health technician; persons required to report; medical care facility which fails to report subject to civil fine; definitions.

65-4216.
Report of certain actions of mental health technician; persons required to report; medical care facility which fails to report subject to civil fine; definitions.
(a) Subject to the provisions of subsection (c) of K.S.A. 65-4923, and amendments thereto:
(1) Every employer of a mental health technician shall report under oath to the board of nursing any information such employer has which appears to show that a mental health technician has committed an act which may be a ground for disciplinary action pursuant to K.S.A. 65-4209, and amendments thereto, or that the employer has taken disciplinary action against a mental health technician for committing any such act or has accepted the resignation of a mental health technician in lieu of taking disciplinary action therefor.
(2) Every health care provider shall report under oath to the board of nursing any information such health care provider has which appears to show that a mental health technician has committed an act which may be a ground for disciplinary action pursuant to K.S.A. 65-4209, and amendments thereto.
(3) Any person, other than those persons specified in provisions (1) and (2), may report under oath to the board of nursing any information such person has which appears to show that a mental health technician has committed an act which may be a ground for disciplinary action pursuant to K.S.A. 65-4209, and amendments thereto.
(b) Any medical care facility which fails to report within 30 days after the receipt of information required to be reported by this section shall be reported by the board of nursing to the secretary of health and environment and shall be subject, after proper notice and an opportunity to be heard, to a civil fine assessed by the secretary of health and environment in an amount not exceeding $1,000 per day for each day thereafter that the incident is not reported. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(c) As used in this section:
(1) "Medical care facility" has the meaning provided by K.S.A. 65-4921, and amendments thereto.
(2) "Health care provider" has the meaning provided by K.S.A. 65-4921, and amendments thereto.
History:
L. 1983, ch. 216, § 1; L. 1988, ch. 236, § 6; L. 2001, ch. 5, § 255; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 42 - Examination, Licensure And Regulation Of Mental Health Technicians › 65-4217 Immunity from liability in civil actions for reporting, communicating or investigating certain information.

65-4217.
Immunity from liability in civil actions for reporting, communicating or investigating certain information.
(a) No person reporting to the board of nursing under oath and in good faith any information such person is required to report or is authorized to report under K.S.A. 65-4216 and amendments thereto shall be subject to a civil action for damages as a result of reporting such information.
(b) Any state, regional or local association of licensed mental health technicians, and the individual members of any committee thereof, which in good faith investigates or communicates information to the board of nursing or to any committee or agent thereof pertaining to the alleged commission by a mental health technician of an act which may be a ground for disciplinary action pursuant to K.S.A. 65-4209 and amendments thereto shall be immune from liability in any civil action that is based upon such information or transmittal of information if the investigation and communication were made in good faith and did not represent as true any matter not reasonably believed to be true.
History:
L. 1983, ch. 216, § 3; L. 1988, ch. 236, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 44 - Community Mental Health And Intellectual Disability Assistance › 65-4411 Citation of act.

65-4411. Citation of act.
K.S.A. 65-4411 to 65-4415, inclusive, and amendments thereto, shall be known and may be cited as the Kansas community facilities for people with intellectual disability assistance act.
History:
L. 1986, ch. 245, § 1; L. 1987, ch. 250, § 1; L. 2012, ch. 91, § 46; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 44 - Community Mental Health And Intellectual Disability Assistance › 65-4412 Definitions.

65-4412. Definitions.
(a) "Community facilities for people with intellectual disability" means: (1) Any community facility for people with intellectual disability organized pursuant to the provisions of K.S.A. 19-4001 through 19-4015, and amendments thereto, and licensed in accordance with the provisions of K.S.A. 39-2001 et seq., and amendments thereto; or (2) any intellectual disability governing board that contracts with a nonprofit corporation to provide services for people with intellectual disability.
(b) "Secretary" means secretary for aging and disability services.
History:
L. 1986, ch. 245, § 2; L. 2012, ch. 91, § 47; L. 2014, ch. 115, § 267; L. 2018, ch. 71, § 21; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 44 - Community Mental Health And Intellectual Disability Assistance › 65-4414 Minimum grant amounts, certain facilities; proration, when.

65-4414. Minimum grant amounts, certain facilities; proration, when.
During each fiscal year commencing after June 30, 1986, each community facility for people with intellectual disability which was eligible for grant payments under K.S.A. 65-4413, and amendments thereto, and which received assistance under the provisions of K.S.A. 65-4401 to 65-4408, inclusive, and amendments thereto, for the fiscal year ending June 30, 1986, shall receive a total amount of grant payments under K.S.A. 65-4413, and amendments thereto, for such fiscal year in an amount which is not less than the total amount of assistance earned by such community facility for people with intellectual disability under the provisions of K.S.A. 65-4401 to 65-4408, inclusive, and amendments thereto, for the fiscal year ending June 30, 1986. In the event that sufficient funds are not appropriated to pay all such community facilities for people with intellectual disability, which are applying for grants, the minimum amounts which such facilities are eligible to receive under this section, the secretary shall prorate the entire amount appropriated for grants among those community facilities for people with intellectual disability which are applying for grants and which are eligible under this section, in proportion to the amount each such community facility for people with intellectual disability received during the base year ending June 30, 1986.
History:
L. 1986, ch. 245, § 4; L. 2012, ch. 91, § 49; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 44 - Community Mental Health And Intellectual Disability Assistance › 65-4432 Definitions.

65-4432. Definitions.
(a) "Mental health center" means any community mental health center as defined in K.S.A. 39-2002, and amendments thereto, or mental health clinics organized pursuant to the provisions of K.S.A. 65-211 through 65-215, and amendments thereto, and licensed in accordance with the provisions of K.S.A. 39-2001 et seq., and amendments thereto.
(b) "Secretary" means the secretary for aging and disability services.
History:
L. 1987, ch. 249, § 2; L. 2014, ch. 115, § 268; L. 2018, ch. 71, § 22; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 44 - Community Mental Health And Intellectual Disability Assistance › 65-4433 State participation in financing mental health centers; purpose.

65-4433.
State participation in financing mental health centers; purpose.
For the purpose of insuring that adequate mental health services are available to all inhabitants of Kansas, the state shall participate in the financing of mental health centers in the manner provided by this act.
History:
L. 1987, ch. 249, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 44 - Community Mental Health And Intellectual Disability Assistance › 65-4435 Special purpose grants; additional local effort funding defined.

65-4435.
Special purpose grants; additional local effort funding defined.
Any moneys appropriated to fund grants under the Kansas community mental health centers assistance act and not designated to fund grants pursuant to K.S.A. 65-4434 and amendments thereto shall be distributed as special purpose grants in accordance with this section to individual mental health centers at the discretion of the secretary to establish priority services. All special purpose grants shall be awarded through a request for proposal process for programs determined to be priority programs by the secretary in accordance with criteria established by rules and regulations. On and after July 1, 1989, each special purpose grant awarded to a mental health center in accordance with this section shall be matched by additional local effort funding as required by rules and regulations of the secretary. As used in this section, "additional local effort funding" means additional funding provided for the mental health center submitting the proposal for a special purpose grant, which is above the amount of such funding for the fiscal year preceding the fiscal year for which the proposal is submitted, which is received from all local sources, including taxes levied for the mental health center, and which qualifies as additional local effort funding under rules and regulations of the secretary.
History:
L. 1987, ch. 249, § 5; L. 1988, ch. 262, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 44 - Community Mental Health And Intellectual Disability Assistance › 65-4436 Defunct mental health center; use of moneys for special purpose grants.

65-4436.
Defunct mental health center; use of moneys for special purpose grants.
In the event that a mental health center becomes defunct and no other mental health center assumes responsibility for providing services to the geographic area formerly served by the defunct center, the secretary may use those quarterly installments that would otherwise be paid to such defunct center for the purpose of making special purpose grants under this section.
History:
L. 1987, ch. 249, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 44 - Community Mental Health And Intellectual Disability Assistance › 65-4437 Overpayment or underpayment of moneys; procedure.

65-4437.
Overpayment or underpayment of moneys; procedure.
(a) In the event any mental health center is paid more than it is entitled to receive under any distribution made under this act, the secretary shall notify the governing board of the mental health center of the amount of such overpayment and such governing board shall remit the same to the secretary. The secretary shall remit any moneys so received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. If any such governing board fails so to remit, the secretary shall deduct the excess amount so paid from future payments becoming due to such mental health center.
(b) In the event any mental health center is paid less than the amount to which it is entitled under any distribution made under this act, the secretary shall pay the additional amount due at any time within the fiscal year in which the underpayment was made or within 60 days after the end of such fiscal year.
History:
L. 1987, ch. 249, § 7; L. 2001, ch. 5, § 257; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 44 - Community Mental Health And Intellectual Disability Assistance › 65-4438 Secretary to provide consultative staff services to mental health centers.

65-4438.
Secretary to provide consultative staff services to mental health centers.
The secretary shall provide consultative staff services to mental health centers to assist in ascertaining local needs, in obtaining federal funds and assistance and in the delivery of mental health services at the local level.
History:
L. 1987, ch. 249, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 44 - Community Mental Health And Intellectual Disability Assistance › 65-4439 Application by governing board; annual budget and report.

65-4439.
Application by governing board; annual budget and report.
The governing board of any mental health center may apply for assistance provided under K.S.A. 65-4434 by submitting annually to the secretary a budget showing the estimated receipts and intended disbursements for the calendar year immediately following the date the budget is submitted and a report detailing the income received and disbursements made during the calendar year just preceding the date the report is submitted.
History:
L. 1987, ch. 249, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 44 - Community Mental Health And Intellectual Disability Assistance › 65-4440 Withdrawal of funds from facility, when.

65-4440.
Withdrawal of funds from facility, when.
The secretary shall review the budgets and expenditures of the mental health centers, from time to time during the fiscal year, and may withdraw funds from any facility which is not being administered substantially in accordance with the provisions of the annual budget submitted to the secretary.
History:
L. 1987, ch. 249, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 44 - Community Mental Health And Intellectual Disability Assistance › 65-4441 Notice of new programs; duplication of programs, effect.

65-4441.
Notice of new programs; duplication of programs, effect.
As a prerequisite for receiving assistance provided under this act, each mental health center shall agree to provide the secretary with at least 45 days' notice prior to initiating a new program. If the secretary determines that such program duplicates a program which is adequately serving the geographic area served by such mental health center, the secretary may subsequently withdraw assistance provided under this act equal to the net loss, if any, generated by the program in the previous calendar year unless the mental health center agrees to purchase the service from or otherwise cooperate with such other program.
History:
L. 1987, ch. 249, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 44 - Community Mental Health And Intellectual Disability Assistance › 65-4442 Rules and regulations.

65-4442.
Rules and regulations.
The secretary shall adopt rules and regulations for the administration of the provisions of this act, including the content of budgets, reports and the criteria for the awarding of special purpose grants, determining program duplication and the redistribution of moneys if a new mental health center is created or if the geographic area served by a mental health center is added to or subtracted from.
History:
L. 1987, ch. 249, § 12; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4501 Definitions.

65-4501.
Definitions.
As used in this act, unless otherwise specifically defined, the following words and phrases shall have the meanings respectively ascribed to them herein:
(a) "Department" shall mean the department of health and environment.
(b) "Secretary" shall mean the secretary of health and environment.
(c) "Person" shall mean an individual, partnership, corporation or association.
(d) "Water supply system" shall mean the system of pipes, structures and facilities through which water is obtained, treated and sold, distributed or otherwise offered to the public for household use or any use by humans.
(e) "Waste water treatment facility" shall mean the facility or group of units provided for the treatment of wastewater, including sewage or wastes or both.
(f) "Operator" shall mean the person who has direct responsibility for supervising the operation of a water supply system or a wastewater treatment facility.
(g) "Certificate" shall mean a certificate of competency issued by the secretary stating that the operator has met the requirements for the specified operator classification of the certification program.
History:
L. 1975, ch. 510, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4502 Powers and duties of the secretary; establishment of certification program.

65-4502.
Powers and duties of the secretary; establishment of certification program.
In addition to other powers and duties the secretary shall: (a) Establish and carry out the certification program;
(b) Recommend classification of water supply systems and wastewater treatment facilities;
(c) Examine the qualifications of applicants for certification;
(d) Collect and deposit fees;
(e) Maintain records of operator qualifications and certification, and maintain a register of certified operators;
(f) Maintain records of the classification of water supply systems and wastewater treatment facilities; and
(g) Promote regular training schools, short courses and programs, approve correspondence courses, and recommend, where classroom instruction is required, minimum attendance standards to validate certificates.
History:
L. 1975, ch. 510, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4503 Certification of certain persons without examination.

65-4503.
Certification of certain persons without examination.
(a) The secretary shall provide for certification without examination to any person or persons designated by a governing body or owner to have been in charge of the operation or supervising the operation of a water supply system or wastewater treatment facility on the effective date of this act. The certification so issued shall be valid only in regard to the water supply system or wastewater treatment facility as constructed and operated at the time of certification.
(b) The secretary shall provide for certification without examination of operators who, on the effective date of this act, hold certificates of competency attained by examination under the voluntary certification program administered by the department and the Kansas section of the American water works association or the Kansas water pollution control association.
History:
L. 1975, ch. 510, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4504 Reciprocal certification agreements.

65-4504.
Reciprocal certification agreements.
The secretary shall provide reciprocal certification agreements with other states, territories and countries, providing the requirements of certification by such other states, territories and countries do not conflict with the provisions of this act and are of a standard that is not lower than the standard required by the secretary.
History:
L. 1975, ch. 510, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4505 Classification of systems and facilities; criteria.

65-4505.
Classification of systems and facilities; criteria.
The secretary shall classify all water supply systems and wastewater treatment facilities actually used or intended for use by the public, with due regard to the size, type, character and quantity of water or wastewater to be treated and other physical, chemical and biological conditions affecting such treatment facilities and supply systems, and according to the skill, knowledge and experience that the operator must have to supervise successfully the operation of the facilities so as to protect the public health and to protect the water resources of the state.
History:
L. 1975, ch. 510, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4506 Certification; correspondence course in lieu of classroom instruction; fee.

65-4506.
Certification; correspondence course in lieu of classroom instruction; fee.
The secretary shall certify persons of appropriate qualifications to supervise the operation of water supply systems and wastewater treatment facilities. In lieu of requiring classroom instruction for certification, the secretary shall accept the successful completion of a correspondence course of instruction offered by the secretary. The fee for such correspondence course shall be in an amount fixed by rules and regulations of the secretary which is sufficient to cover the cost of administering the correspondence course but which does not exceed $50.
History:
L. 1975, ch. 510, § 6; L. 1984, ch. 222, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4507 Revocation of certificate; grounds.

65-4507.
Revocation of certificate; grounds.
The secretary may revoke the certificate of an operator following a hearing conducted in accordance with the provisions of the Kansas administrative procedure act, when it is found that the operator has practiced fraud or deception; that the operator did not use reasonable care, judgment or the application of the operator's knowledge or ability in the performance of the operator's duties; or that the operator is incompetent or unable to perform the operator's duties properly.
History:
L. 1975, ch. 510, § 7; L. 1984, ch. 313, § 134; July 1, 1985.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4508 Denial, revocation or suspension of certificate; hearing.

65-4508.
Denial, revocation or suspension of certificate; hearing.
Before any certificate is denied, revoked or suspended, the secretary shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 1975, ch. 510, § 8; L. 1982, ch. 258, § 9; L. 1984, ch. 313, § 135; July 1, 1985.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4509 Judicial review of secretary's actions.

65-4509.
Judicial review of secretary's actions.
Any action of the secretary pursuant to K.S.A. 65-4501 through 65-4517, and amendments thereto, is subject to review in accordance with the Kansas judicial review act.
History:
L. 1975, ch. 510, § 9; L. 1986, ch. 318, § 111; L. 2010, ch. 17, § 160; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4510 Certification of operators required by July 1, 1976.

65-4510.
Certification of operators required by July 1, 1976.
Within one year following the effective date of this act, all water supply systems and wastewater treatment facilities used or intended for use by or for the benefit of the public, whether publicly or privately owned, shall be under the supervision of an operator or operators certified by the secretary in a classification corresponding to the classification of the water supply system or wastewater treatment facility to be supervised by such operator or operators. No operator shall be required to be certified or to complete a training program or course of education for certification in a classification other than the classification corresponding to the classification of the water supply system or wastewater treatment facility to be supervised by such operator.
History:
L. 1975, ch. 510, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4511 Certification of new employees required within one year.

65-4511.
Certification of new employees required within one year.
After the effective date of this act, all new employees who fall under the provisions of this act shall have a period of one (1) year from the date of employment to qualify for the certification program.
History:
L. 1975, ch. 510, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4512 Rules and regulations of the secretary.

65-4512.
Rules and regulations of the secretary.
The secretary shall make such rules and regulations as are necessary to carry out the provisions of this act. The rules and regulations shall include, but not be limited to, provisions establishing the basis for classification of water supply systems and wastewater treatment facilities, qualifications of applicants, procedures for examination of candidates, provisions for renewal of certificates, provisions for revocation of certificates, provisions prescribing the amount and collection of fees for the examination of applicants and the issuance of certificates and such other provisions as may be necessary for the administration of this act.
History:
L. 1975, ch. 510, § 12; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4513 Fees.

65-4513.
Fees.
The secretary shall establish a reasonable schedule of fees but in no case shall an individual operator fee exceed twenty-five dollars ($25) in any one year.
History:
L. 1975, ch. 510, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4514 Disposition of moneys; certification of operators of water supply systems and wastewater treatment facilities fee fund abolished.

65-4514.
Disposition of moneys; certification of operators of water supply systems and wastewater treatment facilities fee fund abolished.
(a) The secretary shall remit all moneys received by or for the secretary 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 to the credit of the state general fund.
(b) On July 1, 1983, the director of accounts and reports shall transfer all moneys in the certification of operators of water supply systems and wastewater treatment facilities fee fund to the state general fund. All liabilities of the certification of operators of water supply systems and wastewater treatment facilities fee fund are hereby transferred to and imposed upon the state general fund. The certification of operators of water supply systems and wastewater treatment facilities fee fund is hereby abolished.
History:
L. 1975, ch. 510, § 14; L. 1983, ch. 286, § 12; L. 2001, ch. 5, § 258; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4515 Necessary personnel and expenditures; assistance for owners of small systems and facilities.

65-4515.
Necessary personnel and expenditures; assistance for owners of small systems and facilities.
The secretary shall employ such persons and make such expenditures as are necessary to implement, operate and maintain the certification program. The secretary shall assist the owners of small water supply systems and wastewater treatment facilities in developing cooperative agreements to secure the supervision of such systems and facilities by certified operators.
History:
L. 1975, ch. 510, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4516 Certification; unlawful acts.

65-4516.
Certification; unlawful acts.
From and after July 1, 1976, it shall be unlawful for any person or municipality to operate a water supply system or wastewater treatment facility for use by or for the benefit of the public, unless such system or facility is under the supervision of an operator who has been duly certified or is in the process of obtaining certification under the provisions of this act. Furthermore, it shall be unlawful for any person to supervise the operation of a water supply system or wastewater treatment facility without being duly certified or in the process of obtaining certification under the provisions of this act and the rules and regulations adopted hereunder.
History:
L. 1975, ch. 510, § 16; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 45 - Certification Of Operators Of Water Supply Systems And Wastewater Treatment Facilities › 65-4517 Penalties.

65-4517.
Penalties.
Any person violating any provisions of this act or the rules and regulations adopted pursuant to this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall pay a fine of not more than five hundred dollars ($500).
History:
L. 1975, ch. 510, § 17; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4901 Medical malpractice screening panels; convening; selection of members; list of health care providers maintained by state agency.

65-4901. Medical malpractice screening panels; convening; selection of members; list of health care providers maintained by state agency.
(a) If a petition is filed in a district court of this state claiming damages for personal injury or death on account of alleged medical malpractice of a health care provider and one of the parties to the action requests, by filing a memorandum with the court, that a medical malpractice screening panel be convened, the judge of the district court shall convene a medical malpractice screening panel, hereafter referred to as the "screening panel." If a petition is filed in a district court of this state claiming damages for personal injury or death on account of alleged medical malpractice of a health care provider and none of the parties to the action requests that a screening panel be convened, the judge may convene a screening panel upon the judge's own motion. If a claim for damages for personal injury or death on account of alleged medical malpractice of a health care provider has not been formalized by the filing of a petition, any party affected by such claim may request, by filing a memorandum with the court, that a screening panel be convened, and if such request is made the judge of the district court shall convene a screening panel. If a petition or claim is filed naming more than one defendant or more than one person against whom a claim is being made, each defendant or person is entitled to request a screening panel.
(b) The membership of the screening panel shall be selected as follows: (1) A health care provider designated by the defendant or by the person against whom the claim is made if no petition has been filed; (2) a health care provider designated by the plaintiff or by the claimant if no petition has been filed; (3) a health care provider selected jointly by the plaintiff and the defendant or by the claimant and the person against whom the claim is made if no petition has been filed; and (4) an attorney selected by the judge of the district court from a list of attorneys maintained by the judge of the district court for such purpose. Such attorney shall be a nonvoting member of the screening panel but shall act as chairperson of the screening panel.
(c) The state agency which licenses, registers, certifies or otherwise is responsible for the practice of any group of health care providers shall maintain and make available to the parties to the proceeding a current list of health care providers who are willing and available to serve on the screening panel. The persons appointed shall constitute the screening panel for the particular medical malpractice claim to be heard.
History:
L. 1976, ch. 249, § 1; L. 1979, ch. 206, § 1; L. 1999, ch. 57, § 63; L. 2008, ch. 80, § 5; L. 2012, ch. 67, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4902 Same; notice to parties; designation or selection of health care provider.

65-4902. Same; notice to parties; designation or selection of health care provider.
The judge of the district court shall notify the parties to the action that a screening panel has been convened. The plaintiff or claimant and the defendant or respondent shall each designate a health care provider licensed in the same profession as the defendant or respondent within 21 days of such party's receipt of notice of the convening of the screening panel. The parties shall jointly designate a health care provider licensed in the same profession as the defendant or respondent within 14 days after the individual designations have been made. If the parties are unable to jointly select a health care provider within such 14 days, the judge of the district court shall select such health care provider.
History:
L. 1976, ch. 249, § 2; L. 1986, ch. 229, § 48; L. 1999, ch. 57, § 64; L. 2008, ch. 80, § 6; L. 2011, ch. 48, § 18; L. 2012, ch. 67, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4903 Convening of panel; notice; findings; notice, organization and conduct of meetings; rules by supreme court; meetings held in camera.

65-4903.
Convening of panel; notice; findings; notice, organization and conduct of meetings; rules by supreme court; meetings held in camera.
The screening panel shall convene with notice in writing to all parties and their counsel and shall decide, after consideration of medical records and medical care facility records, contentions of the parties, examination of x-rays, test results and treatises, whether there was a departure from the standard practice of the health care provider specialty involved and whether a causal relationship existed between the damages suffered by the claimant and any such departure. The screening panel shall give notice, organize and conduct its meetings in accordance with rules of procedure adopted by the supreme court of Kansas to govern notice, organization and conduct of such meetings, except strict adherence of the rules of procedure and evidence applicable in civil cases shall not be required. All meetings of the screening panel shall be held in camera.
History:
L. 1976, ch. 249, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4904 Recommendations on issue; concurring and dissenting opinions; notice to parties; copy of opinion to judge; admissibility of screening panel's report and subpoena of panel members in subsequent legal proceedings.

65-4904. Recommendations on issue; concurring and dissenting opinions; notice to parties; copy of opinion to judge; admissibility of screening panel's report and subpoena of panel members in subsequent legal proceedings.
(a) Within 180 days after the screening panel is commenced, such panel shall make written recommendations on the issue of whether the health care provider departed from the standard of care in a way which caused the plaintiff or claimant damage. A concurring or dissenting member of the screening panel may file a written concurring or dissenting opinion. All written opinions shall be supported by corroborating references to published literature and other relevant documents.
(b) The screening panel shall notify all parties when its determination is to be handed down, and, within seven days of its decision, shall provide a copy of its opinion and any concurring or dissenting opinion to each party and each attorney of record and to the judge of the district court.
(c) The written report of the screening panel shall be admissible in any subsequent legal proceeding, and either party may subpoena any and all members of the panel as witnesses for examination relating to the issues at trial, provided the panel member or members otherwise meet the qualifications of K.S.A. 60-3412, and amendments thereto.
History:
L. 1976, ch. 249, § 4; L. 1986, ch. 229, § 49; L. 1999, ch. 57, § 65; L. 2001, ch. 6, § 2; L. 2008, ch. 80, § 7; L. 2012, ch. 67, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 49 - Health Care Providers › 65-4905 Rejection by one or more parties; court action.

65-4905.
Rejection by one or more parties; court action.
In the event that one or more of the parties rejects the final determination of the screening panel, the plaintiff may proceed with the action in the district court.
History:
L. 1976, ch. 249, § 5; July 1.